SIDE LETTER AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN MARINO FIREFIGHTERS’ ASSOCIATION
LOCAL 3626 (“FFA”)
AND
CITY OF SAN MARINO (“CITY”)
JULY 1, 2024 – JUNE 30, 2027
TO ESTABLISH DISCIPLINE APPEAL PROCEDURES
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FFA SIDE LETTER AGREEMENT TO ESTABLISH DISCIPLINE APPEAL PROCEDURES 9.10.25 Pursuant to the provisions of the Meyers-Milias-Brown Act, this Side Letter Agreement (“Agreement”) is entered into on September 10, 2025, between the City of San Marino (“City”) and the San Marino Firefighters’ Association Local 3626 (“Association”) to modify the memorandum of understanding (“MOU”) covering the July 1, 2024 thru June 30, 2027 term. The specific provisions contained in this Agreement shall supersede any conflicting prior oral or written agreements, including the MOU, regarding the matters contained in this Agreement. Except as otherwise provided in this Agreement, the remainder of the MOU and other terms and conditions of employment shall remain in full force and effect.
The City and the Association have met and conferred in good faith concerning the terms and conditions of this Agreement and its implementation and now therefore agree to add article “XXVI, Discipline” to the MOU to state the following:
ARTICLE XXVI
DISCIPLINE
Section 26.1 Discipline Procedures.
Except as otherwise provided in this Agreement, employees are subject to Rule XX “Discipline,” as provided in the City of San Marino Personnel Rules and Regulation, in relation to disciplinary matters.
Section 26.2 Purpose and Applicability.
A. These procedures set forth in this Agreement are adopted pursuant to Government Code section 3254.5 of the Firefighter’s Procedural Bill of Rights Act.
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FFA SIDE LETTER AGREEMENT TO ESTABLISH DISCIPLINE APPEAL PROCEDURES 9.10.25 B. These procedures apply to Firefighters that are employed by the City who have completed their initial probationary period with the City. Probationary employees do not have rights to the procedures in this Agreement.
Section 26.3 Definitions.
A. The term “Firefighter” means a public safety employee who is considered a “Firefighter” under Government Code section 3251(a).
B. The term “punitive action” means any action defined by Government Code section 3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”
Section 26.4 Appeal of Punitive Action.
A. Procedures: The following procedures apply to appeal of punitive action by a firefighter. The below administrative appeal procedures shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.
B. Notice of Imposition of Discipline as Accusation: The Notice of Imposition of Discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code section 11500, et seq. Pursuant to Government Code section 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the Final Notice of Discipline. The Notice shall be prepared and served in conformity with the requirements of Government Code section 11500, et seq. The Accusation shall include or be accompanied by a statement to the employee that advises him or her of the right to request a hearing by filing a Notice of Appeal (referenced to as “Notice of Defense”) as provided in Government Code section 11506. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the Firefighter concurrently with the Final Notice of Discipline.
C. Notice of Appeal: In accordance with Government Code section 11506, within fifteen (15) calendar days after service of the Accusation on the Firefighter as set forth above, the Firefighter shall notify the City Manager in writing of the Firefighter’s intent to appeal the punitive action by filing a Notice of Appeal. The Notice of Appeal must be signed by either the Firefighter or on his or her behalf and must include the mailing address of the Firefighter and/or his/her representative. Failure to file a timely Notice of Appeal constitutes a waiver of the Firefighter’s right to a hearing.
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FFA SIDE LETTER AGREEMENT TO ESTABLISH DISCIPLINE APPEAL PROCEDURES 9.10.25 D. Amended or Supplemental Materials: Pursuant to Government Code sections 11507 and 11516, at any time before or after the case is submitted for decision, the City may file an amended or supplemental Accusation. All parties must be notified of the amended or supplemental Accusation.
E. Administrative Law Judge: Pursuant to Government Code section 11512, the City has determined that appeals shall be presided over by an administrative law judge on staff of the State Office of Administrative Hearings, hereinafter referred to as the “ALJ.” The ALJ shall preside at the appeal hearing, rule on the admission and exclusion of evidence and determine and rule on all matters of law, both procedural and substantive. In conducting the appeal hearing the ALJ shall follow the provisions set forth in section 11513 of the California Government code.
F. Time and Place of Hearing: Pursuant to Government Code section 11508, unless otherwise decided by the Fire Chief or his/her designee, a hearing shall be conducted at City Hall at a time to be determined by the Fire Chief or his/her designee in coordination with the Firefighter and his/her representative.
G. Notice of the hearing shall be provided to the parties pursuant to Government Code § 11509:
1. The City shall deliver or mail a notice of hearing to all parties at least 10 days prior to the hearing. The hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense, or, as applicable, notice of participation.
2. The notice to respondent shall be substantially in the following form but may include other information:
You are hereby notified that a hearing will be held before the City of San Marino at City Hall on [Date] at [Time] upon the charges made in the accusation served upon you. If you object to the place of hearing, you must notify the presiding officer within 10 days after this notice is served on you.
Failure to notify the presiding officer within 10 days will deprive you of a change in the place of the hearing. You may be present at the hearing. You have the right to be represented by a representative or attorney at your own expense. You are not entitled to the appointment of an attorney to represent you at public expense. You are entitled to represent yourself without legal counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpoenas to compel the attendance of witnesses Pg. 4 of 5
FFA SIDE LETTER AGREEMENT TO ESTABLISH DISCIPLINE APPEAL PROCEDURES 9.10.25 and the production of books, documents or other things by applying to [appropriate City officer].
H. Findings: The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically without a stenographic reporter. Within 30 days after the case is submitted to him or her, the ALJ shall prepare a proposed written decision to be submitted to the City Manager. Within 100 days of receipt by the City Manager of the ALJ’s proposed decision, the City Manager may take any of the following actions:
1. Adopt the proposed decision in its entirety.
2. Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision.
3. Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the City Manager under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision.
4. Reject the proposed decision and refer the case to the same ALJ if reasonably available, otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, he or she shall prepare a revised proposed decision based on the additional evidence and the transcript and other papers that are part of the record of the prior appeal hearing. A copy of the revised proposed decision shall be furnished and the decision shall be served to each party and his or her attorney.
5. Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties the City Manager may decide the case upon the record without including the transcript.
I. Decision: The City Manager’s decision will be reduced to writing and shall be final and binding on the parties. The City Manager’s written decision shall be served on the parties in accordance with Code of Civil Procedure section 1094.6 and the decision shall be subject to judicial review pursuant to Code of Civil Procedure section 1094.5.
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FFA SIDE LETTER AGREEMENT TO ESTABLISH DISCIPLINE APPEAL PROCEDURES 9.10.25 Dated: September 10, 2025 _______________________________________ San Marino Firefighters’ Association Local 3626
Dated: September 10, 2025 _______________________________________ City of San Marino