Longevity is calculated from the date of hire into a regular status position or fully benefited special status position.
It is understood that longevity pay is considered “additional compensation” for purposes of PERS and tax computations.
13.06 WORKING OUT OF CLASSIFICATION PAY DIFFERENTIAL
The term “working out of classification” is defined as a management authorized full-time assignment on a temporary basis of an employee in a lower classification to a budgeted higher classification. Assignments will be made by the Department Head or City Manager to qualified employees assuming a significant number of duties of the higher classified position.
Employees must work a minimum of one (1), eight (8) hour day to qualify for out-ofclassification pay.
The employee so assigned shall be entitled to receive a minimum of two and one-halffive percent (52-1/2%) above the employee’s current base rate of pay or at least the first step in the higher classification salary range when the out-of-classification assignment is for another supervisory position. The employee so assigned shall be entitled to receive a minimum of five percent (5%) above the employee’s current base rate of pay or at least the first step in the higher classification salary range when the out-of-classification assignment is for a management position.
Best efforts will be made to equally offer working out of classification opportunities to all qualified staff on a rotating basis. When a particular employee has worked out of classification for more than 90 consecutive workdays in a position that is vacant, including vacancies resulting from an employee’s long-term leave, and the assignment exceeds 90 consecutive workdays, an additional five percent (5%) will be added to the above pay for the duration of
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24 the assignment.
All initial working out of class assignments will be submitted as determined by the HR Director or their designee. made on a Personnel Action Form.
In accordance with the Public Employees Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).
13.07 SHIFT DIFFERENTIAL
Any employee who is required and authorized by management to work, and actually works, a regularly scheduled shift at least one hour or more of which fall between the hours of 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of ninety cents ($.90) per hour or five percent (5%), whichever is greater, for each hour worked within the shift differential period of 6:00 p.m. and 6:00 a.m.
Shift differential shall not apply to:
a. Paid leave hours, including vacation, sick leave, holidays, and other paid leaves provided in Section 17.01.
b. Hours that are worked between 6:00pm and 6:00am as a result of call-back, duty assignment, or overtime.
13.07.01 Weekends
Part-time and Regular employees assigned to 24-hour operations and required and authorized by management to work a regularly scheduled shift with at least one hour or more that falls between 6:00 p.m. Friday and 6:00 a.m. Monday shall be paid a shift differential of ten percent (10%) the employee’s regular rate of pay for each hour worked within the shift differential period of 6:00p.m. Friday and 6:00a.m. Monday. Work on a Fixed Holiday, as outlined in Section 14.01, results in hours being banked. This provision applies to the following classifications: Senior Wastewater Plant Operator III/IV, Water Treatment Supervisor IV/V, and wastewater Treatment Operations Supervisor.
Weekend differential shall not apply to:
A. Paid leave hours, including vacation, sick leave, holidays and other paid leaves, provided in Section 17.00 – Leaves of Absence.
B. Hours that are worked between 6:00p.m. and 6:00a.m. as a result of call-back, duty assignment, or overtime.
13.07.021 Water Plant Lone Operator
The Water Treatment Supervisor IV/Water Treatment Supervisor V – Chief Plant Operator assigned to the Water Treatment Facility will receive two four dollars ($42.00) per hour additional shift differential subject to meeting all the conditions listed below:
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25 A. Fully qualified to operate the Graham Hill Treatment plant without direct supervision as determined by the Superintendent of Water Treatment and Production.
B. Works at least six hours without any other qualified Treatment Operators present.
If the above conditions are met, then the shift differential will be paid for all hours actually performing the duties as the “stand-alone” Treatment Operator.
13.07.032 Wastewater Plant Lone Operator
A Senior Plant Operator assigned to the Wastewater Treatment Facility will receive two four dollars ($42.00) per hour additional shift differential subject to meeting all the conditions listed below:
A. State Water Resources Control Board Grade 3 Wastewater Plant Operator Certification.
B. Fully qualified to work at the City of Santa Cruz Wastewater Treatment Plant as the Lone Operator.
C. Works at least four (4) hours alone as the only operator (except for callback responses).
If the above conditions are met, then the shift differential will be paid for all hours worked on assigned “lone operator” shift.
13.08 OVERTIME
The Union understands that from time to time employees may be directed to work overtime hours. To the extent possible, employees will be given advance notification. An employee may be excused from overtime work for legitimate reasons.
Overtime shall be defined as all management authorized hours in a paid status in excess of forty (40) hours per week, which are contiguous with the employee’s regular work schedule, excluding voluntary training. Overtime shall be computed at the rate of one and one-half (1- 1/2) times the base hourly rate or may be converted to compensatory time off at the rate of one and one-half (1-1/2) times the hours worked.
Compensatory time off shall not be allowed to accumulate beyond one hundred and sixty (1600) hours at any given time. Any accrued and unused compensatory time earned during the calendar year will be paid out on the last pay date in December each year and employees will not be permitted to carry over unused compensatory hours at the conclusion of the calendar year.
Employees with accrued compensatory time off may choose from the following options:
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26 To use such time within a reasonable period in the same calendar year as it was earned after making the request, unless such time off will unduly disrupt the operations of the department.
To roll over any accrued and unused compensatory time earned during the calendar year into a City-sponsored deferred compensation plan anytime during the calendar year. To cash out all or part of the accrued and unused compensatory time anytime during the calendar year.
Any remaining balance will be either rolled over to deferred comp or paid out as described above on the last payday in December.
13.09 CALL-BACK
Call-back work is defined as work required by management of an employee who, following completion of the employee’s workday or work week and departure from the employee’s work site, is unexpectedly ordered to report back to duty to perform necessary work.
13.09.01 Callback by Phone or Computer
If the employee is able to respond by phone or computer and is not required to report to the worksite, then:
A. For the first response of the day, a minimum of thirty (30) minutes (0.5 hours) of overtime will be paid for actual overtime worked of less than thirty (30) minutes.
Thereafter, a minimum of fifteen (15) minutes (0.25 hours) of overtime will be paid for actual overtime worked of less than fifteen (15) minutes.
B. An additional minimum will not be paid if an employee is required to respond to additional call(s) and the time and duration of the response is within the previous minimum.
13.09.02 Callback to Worksite
A. All call-back hours shall be paid at the overtime rate. A minimum of two (2) hours of overtime compensation shall be paid for all call-back periods of less than two (2) hours.
B. Hours worked shall include reasonable travel time to work. Return travel time shall not be included within time worked.
C. If an employee who was called back to work and has completed their assignment and left work is again called back to work, they will not receive another minimum if the time of return is within the previous call-back minimum.
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27 D. Employees who are required to respond to the worksite will be provided mileage compensation, at the federal rate, for the use of their personal vehicles.
13.10 DUTY ASSIGNMENT
13.10.01 Definition
Duty assignment is defined as an assignment to an on-call status for a specified period of time.
While on duty assignment, an employee must remain available to be contacted by phone or pager and be able to report to work within a thirty (30) minute period. Duty assignment shall not be considered “hours worked” pursuant to the Fair Labor Standards Act.
13.10.02 Assignment
Duty personnel shall be assigned on a weekly rotational basis from an established list consisting of, but not limited to, qualified volunteers. A voluntary rotation process will be the preferred method of duty assignment selection; however, the City may require duty assignment if there are insufficient qualified volunteers. Prior to making mandatory assignments, the City will notify the Union. Only “qualified” employees may be appointed to duty assignment lists, as determined by the appropriate department head(s). Such qualifications will be based on the nature and requirements of the tasks performed while on duty assignment. With the concurrence of the duty supervisor, duty assignments may be substituted by other personnel on an approved list, provided employees have at least one week between duty assignments.
13.10.03 Compensation
A. Weekdays
Duty personnel shall receive one and one-half (1.5) hours of their base hourly salary for a sixteen (16) hour assignment.
B. Weekends
Duty personnel shall receive two (2) hours of their base hourly salary for a twentyfour hour (24) assignment.
C. Holidays (City Designated Eight (8) Hour Holidays)
Duty personnel shall receive eight (8) hours of their base hourly salary for a twentyfour (24) hour assignment.
D. Holidays (City Designated Four (4) Hour Holidays)
Duty personnel shall receive four (4) hours of their base hourly salary for a twenty (20) hour assignment.
E. All duty hours actually worked outside the employee’s regularly scheduled shift shall be compensated at the overtime rate. A minimum of two (2) hours of overtime will
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28 be paid for callouts of less than two (2) hours. An additional minimum will not be paid if an employee is required to perform an additional duty call and the time of return is within the previous duty call minimum.
If the assigned duty person or crew member assisting the duty person is required to respond to a call that required them to work more than twelve (12) hours within a twenty-four (24) hour period, and any portion of those twelve (12) hours is after midnight, the employee shall be entitled to an eight (8) hour rest period prior to returning to work.
If any portion of the rest period occurs during the employee’s regular schedule, the employee shall receive regular paid compensation for that time.
F. An employee shall have the option of receiving compensatory time off for the duty assignment compensation and hours worked.
13.11 SENIOR WASTEWATER PLANT OPERATORS ON-CALL ASSIGNMENT
13.11.01 Definition
“On-call” assignment is defined as an assignment to an on-call status for a specified period of time. While in an on-call status, an employee must: (1) remain available to be contacted by phone or pager; (2) be able to respond to a plant situation via a City-provided computer and modem; and, (3) be able to, if necessary, report to work within a sixty (60) minute period of being contacted. On-call assignment shall not be considered “hours worked” pursuant to the Fair Labor Standards Act.
13.11.02 Assignment
On-call personnel shall be assigned on a weekly rotational basis from an established list consisting of, but not limited to, qualified volunteers. A voluntary rotation process will be the preferred method of on-call assignment selection; however, the City may require an oncall assignment if there are insufficient qualified volunteers. Prior to making mandatory assignments, the City will notify the affected employees and the Union at least ten (10) days in advance. Only “qualified” employees may be appointed to on-call assignment lists, as determined by the appropriate department head. Such qualifications will be based on the nature and requirements of the tasks performed while on-call. With the concurrence of the Plant Superintendent or designee, on-call assignments may be substituted by other personnel on an approved list.
13.11.03 Compensation
A. Regular Days
On-call personnel shall receive three-quarters (0.75) of an hour of their base hourly salary for each eight (8) hour on-call assignment or portion thereof.
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29 B. City Designated Eight (8) Hour Holidays
For on-call assignment that falls on a City designated eight (8) hour holiday, on-call personnel shall receive one and one-half (1.5) hours of their base hourly salary for each eight (8) hour on-call assignment or portion thereof.
C. On-Call Hours Worked
All on-call hours actually worked outside the employee’s regularly scheduled shift shall be rounded to the nearest fifteen (l5) minute increment and compensated at the overtime rate.
If the on-call employee is able to respond by phone or computer and is not required to report to the plant, then:
1. for the first response of the day, a minimum of thirty minutes (0.5 hours) of overtime will be paid for actual overtime worked of less than thirty (30) minutes. Thereafter, a minimum of fifteen minutes (0.25 hours) of overtime will be paid for actual overtime worked of less than fifteen (15) minutes.
2. an additional minimum will not be paid if an employee is required to respond to additional call(s) and the time and duration of the response is within the previous minimum.
If the on-call employee is required to respond by reporting to the Wastewater Treatment Plant (a callout), then:
1. a minimum of two (2) hours of overtime will be paid for callouts of less than two (2) hours.
2. an additional minimum will not be paid if an employee is required to perform an additional callout and the time of return to the plant is within the previous callout minimum.
3. employees who are on-call and required to respond to the Wastewater Treatment Plant will be provided mileage compensation, at the federal rate, for the use of their personal vehicles during on call periods.
If the on-call employee is required to respond to the Wastewater Treatment Plant and the callout requires them to work more than twelve (12) hours within a twenty-four (24) hour period, and any portion of those twelve (12) hours is after midnight, the employee shall be entitled to an eight (8) hour rest period prior to returning to work.
However, this does not preclude the employee from being on-call during this eight (8) hour rest period, or preclude them from being called out during this period. If any portion of the rest period occurs during the employee’s regular schedule, the employee shall receive regular paid compensation for that time.
D. An employee shall have the option of receiving compensatory time off for the on- call assignment compensation and hours worked
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30 13.12 UNIFORM ALLOWANCE
The City shall provide required uniforms at its expense.
13.13 TUITION REIMBURSEMENT
The City shall reimburse each employee up to five hundred dollars ($500) per fiscal year (pro-rated for part-time employees) for tuition, books, and course-related expenses after successful completion of courses which are pertinent to their positions with the City.
For a course to be considered “pertinent” it must be an academic or vocational course taken for credit from an accredited college, university, or adult education department, and such course must:
A. Improve knowledge and skills for the present position or for positions of higher classification within the City, or
B. Prepare for anticipated technological changes occurring in the employee's career field.
13.14 BILINGUAL PAY
The City shall provide payment of an additional thirty cents $60($.30) per pay period to an eligible employee hour on the hourly rate for hours worked when the City certifies an employee as qualified and the position requires the use of bilingual language skills. For purposes of this section, the City certifies an employee as qualified when the City confirms that an employee has the necessary bilingual language proficiency, which may be established through an examination or process, including but not limited to, passing a language proficiency examination, interviewing with a language panel, or certification or possession of credential(s) by a language services company or institution.
13.15 LICENSES
Employees whose job description requires a Class A or B driver’s license shall receive fifty dollars ($50) per pay period provided they possess and maintain said required license in the performance of their job duties.
Classifications that no longer receive A/B license premium pay are: Water Distribution Crew Leader III/IV, Water Distribution Supervisor IV, and Water Distribution Supervisor V – Chief Distribution Operator.
13.16 OVERPAYMENTS AND REPAYMENT OF FUNDS
The City will not attempt to recover overpayments made to employees as a result of an error made by the City which are over twelve (12) months old.
A. Overpayment
If an overpayment or unauthorized payment has been made to a City employee, the City shall notify the employee in writing and supply the employee with the documentation used to determine
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31 the overpayment.
If the employee contends that any portion or the entire amount is not owed, they may request a meeting with the City to attempt to resolve the disagreement. The employee may have a representative attend such meeting(s) with them.
B. Repayment of Funds
An employee will pay no penalties, fees or interest as a result of the overpayment when the City and employee mutually agree upon how the repayment will be made. The employee shall have the right to select one of the following options for repayment:
1. Lump sum payment with the date mutually established by the employee and the City (lump sum payments must be made if the total amount due is five percent (5%) or less than the employee’s biweekly gross salary).
2. Biweekly installment payments through payroll deduction (installment payments must be a minimum of ten dollars ($10) and repayment must be completed within twenty-six (26) pay periods).
3. Any other repayment arrangement mutually agreed upon between the City and the employee.
The final agreement on the repayment will be committed to writing (including the lump sum payment date, or the biweekly amount and the beginning and ending date of the installment plan identified).
C. Referral to Collections
The City may refer an employee to a collection agency or seek payment only when the employee, after being duly notified of the overpayment and having had the opportunity to review the relevant documentation, refuses to agree to a repayment of the amount owed. The employee will be notified of the referral and the City reserves all its rights to seek repayment and pursue all remedies under law including interest as it would for any other debtor.
13.17 CONFINED SPACE ENTRY PREMIUM PAY
This Premium Pay is paid for positions which involve toxic or hazardous conditions.
After receiving appropriate training provided by the City, all employees whose job description provides that they can perform confined space duties shall receive compensation of time and one half (1½) of their base hourly rate of pay for all hours worked while performing confined space duties. The hourly rate of pay for performing a confined space entry while on Overtime (MOU Section 13.08), Callback (MOU Section 13.09), Duty Assignment hours actually worked
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32 (MOU Section 13.10.03(E)), or Senior Wastewater Plant Operators On-Call Assignment/Compensation/On-Call Hours Worked (MOU Section 13.11.03(C)) will be calculated as time and one half (1½) the underlying overtime rate (two and one quarter {2¼} of the base hourly straight-time rate).
Hours worked performing confined space entry under this section is calculated as follows, using the times entered on the Confined Space Entry Permit:
The calculated time begins when the first participant physically enters the confined space and ends when the last participant leaves the confined space, as recorded on the “Confined Space Entry Permit” (if all employees should leave the confined space at any time, the calculated time will cease until such time as a participant may re-enter the confined space). o The individual time segments will be added together to determine the total duration of the confined space entry event.
Example:
0900 Pre entry checklist complete.
0915 A enters confined space. B and C are attending. Clock starts. 0923 A exits confined space. Clock stops. Segment elapsed time = 8 minutes. 0932 A and B enter confined space. C is attending. Clock starts again. 0945 B exits space. Clock continues to run since A remains in the confined space. 0956 A exits confined space. Clock stops. Segment elapsed time = 24 minutes. This Confined Space Entry Event is now over.
Total time = 32 minutes.
All participants in the event (A, B, and C) will enter the same cumulative total of thirty-two (32) minutes on their time sheets.
13.18 PLANNING DEPARTMENT CERTIFICATION COMPENSATION INCENTIVE PAY “Certification Compensation Incentive” (CCI) is a management-authorized remuneration for obtaining and maintaining recognized professional certification for Inspection Services Employees.
Professional certification shall be from a State or nationally recognized agency, assuring certification promotes a higher level of competency which benefits the life, health and safety of the community. CCI will be made to qualified employees when evidence of recognized professional certification is approved by the Chief Building Official and Department Director.
A. Upon receipt of employee provided certification, approval of professional certification will be verified by the department;
1. Professional certification shall be from a recognized state or nationally recognized agency acceptable to the City of Santa Cruz, such as International Code Council (ICC), International Association of Plumbing and Mechanical Officials (IAPMO), Council of American Building Officials (CABO) and California Division of the State Architect.
2. Professional certification shall be part of a core responsibility of the employee.
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33 3. Professional certification shall be in distinct areas of expertise and shall not be duplicative.
Therefore, only one certification per professional category is acceptable.
4. Professional certification shall be maintained active and in good standing. The certification holder shall meet the ongoing maintenance requirements of the approved issuing agency.
This means renewing applicable certifications every three (3) years by completing the required number of CEUs based upon the number and/or type of certifications as prescribed by the approved issuing agency.
5. Certification costs will be reimbursed with this program. It should be noted that this reimbursement is more generous than current MOU guidelines where reimbursement is provided for required certification only.
6. As this is a voluntary program, paid release time will not be provided; approval of employee requests for personal paid time off during working hours will not be unreasonably denied.
B. CCI will be calculated as follows;
1. An increase of two percent (2%), of the employee’s base salary, will be applied for each approved professional certification.
2. A maximum number of professional certifications will be accepted as outlined in this section per job title, provided the base certification(s) requirement is met; a. Building Inspector and Assistant Plans Examiner are eligible for up to five (5) paid certifications, after one (1) residential base certification (Building Inspector or Building Plans Examiner) is obtained.
b. Senior Building Inspector and Senior Plans Examiner are eligible for up to five (5) paid certifications, after one (1) combination residential and commercial base certification (Building Inspector or Building Plans Examiner) is obtained. c. Supervising Building Inspector and Supervising Plans Examiner are eligible for up to four (4) paid certifications, after two (2) combination residential and commercial base certifications (Building Inspector or Building Plans Examiner, plus either Mechanical, Electrical or Plumbing) are obtained.
C. Upon department approval and in in accordance with Administrative Procedure Order (APO) II17 (Personnel Action Form), a completed and approved PAF is required before any change to an employee’s status and/or pay rate.
D. The department will verify maintenance of certification annually.
E. Lapse of Certification/Current Employees
1. If certification, as part of this premium pay program lapses, the premium pay will be discontinued in the pay period in which the certification lapsed or became inactive.
2. To clarify, for existing employees as of the effective date of this policy, because this is a voluntary program, current employees in the eligible classifications will not be required to obtain certifications which are eligible for premium pay, similar to anyone in the classification. They will be encouraged to do so via this incentivized premium pay program.
13.19 HAZARDOUS MATERIAL PAY
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34 The City will provide a twenty-fivefifty ($5025.00) per month premium pay for all employees who may be exposed to dangerous chemicals and/or biohazardous materials as indicated in the job classification description. The list of qualifying classifications will be confirmed at a subsequent meeting.
13.20 SCUBA PAY
Employees who perform scuba diving duties shall receive double time their hourly rate of pay while diving. After the first hour, payments shall be based on quarter-hour increments.
13.21 COMPACTION
The City agrees to meet and confer with the union quarterly with a pledge of preventing and addressing compaction between a supervisor and the position they supervise. The Parties will meet at least quarterly to resolve compaction and implement all applicable changes by the second full pay period of July annually. All changes, including implementation timing, must be made upon mutual agreement of the Parties.
Salary compaction is defined as any percentage less than ten percent (10%) between top step salary of the supervisory and the top step salary of the classification it primarily supervises. A list of supervisor positions and the associated positions they supervise will be discussed at the meeting.
13.22 COMPENSATION STUDY
The Parties agree to meet and confer over the implementation of the Koff and Associates 2021 Compensation Study with the goal of raising total compensation of any classification below market median to ten-percent (10%) of the total compensation market median subject to Council approval.
All changes must be made upon mutual agreement of the Parties.
SECTION 14.00 - HOLIDAYS
Part-time employees shall receive the following holiday benefits on a prorated basis, given the ratio of their budgeted work schedule to full time.
All employees will accrue paid holiday time the pay period before the pay period with the holiday.
The accrual will be in the amount listed for the holidays listed in Section 14.01 (Fixed Holidays) of this MOU. Employees must be in paid status for at least fifty percent (50%) of the pay period to accrue paid holiday time.
Employees are required to use holiday leave on holidays they do not work, even if they are on leave or are sick. The use of vacation, compensatory time, excess holiday, or other leave time on holidays is only allowed to make up the difference between the hours of holiday granted and the amount of hours the employee is scheduled to work.
Employees are not allowed to use unpaid closure time on holidays during the City’s holiday closure.
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35 14.01 FIXED HOLIDAYS
Employees within the unit shall have the following specific holidays with pay:
Eight Twelve (12) 8-(8) Hour Holidays
New Year’s Day
Martin Luther King’s Birthday
Presidents’ Day
César Chavez Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Four (4) Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve. (if Christmas is on a Tuesday–Saturday)
The last four (4) hours of the work shift are Holiday hours for New Year’s Eve. (if New Year’s Day is on a Tuesday–Saturday)
Except as provided for on Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.
14.02 FLOATING HOLIDAYS
In addition to the above fixed holidays, employees shall accrue up to twenty-four (24) hours of floating holidays per fiscal year.
Floating Holiday accrual shall be on a monthly basis. Full-time employees shall accrue floating holiday at the rate of two (2) hours per month. Part-time employees shall accrue floating holiday on a pro-rated basis, given the ratio of their budgeted work schedule to full time (e.g. all employees working in a twenty (20) hour/week position shall receive one (1) hour of floating holiday each month). Accumulation of Floating Holidays shall not exceed twenty-four (24) hours.
Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued Floating Holidays.
14.03 HOLIDAY WORK
Due to the public service nature of City departments, some positions are required to work holidays on either a regularly assigned or emergency basis. The purpose of this article is to provide extra compensation to employees who are directed to work on any of the fixed
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36 holidays shown above.
This section applies to employees normally required to work on a fixed holiday (excluding observed holidays) based on a regular shift or rotating schedule, and to employees not normally required to work on a holiday, but who are directed to do so due to an operational need.
All of the above identified employees shall be compensated at the overtime rate of pay for all hours actually worked on the holiday. In addition, the employee shall receive their holiday pay or equivalent holiday time off at a later date, at the option of the employee.
14.04 HOLIDAY ON REGULAR DAY OFF
An employee whose regular day off falls on a fixed holiday shall receive equivalent holiday time off at a later date.
14.05 HOLIDAYS DURING VACATION
Fixed holidays which occur while an employee is on paid vacation leave shall be charged to holiday hours and not the employee's vacation balances.
14.06 ANNUAL HOLIDAY CREDIT TO VACATION
Any fixed holiday hours not taken prior to the end of the fiscal year may be credited to the employee’s vacation balance (not to exceed the maximum accrual) on the last pay date in June each year.
14.07 ELIGIBILITY
To qualify for holiday or floating holiday pay, an employee must be on paid status on their last scheduled work day before the holiday and their first scheduled work day after the holiday.
SECTION 15.00 - VACATION
15.01 ACCRUAL
Vacation accrual will be on a monthly basis beginning at date of hire. Employees within the probationary period may use accrued paid vacation upon approval of the department head; such time will not be counted as qualifying service toward completion of the probationary period.
An employee must be in paid status for at least fifty percent (50%) of a pay period to earn their vacation accrual. Annual vacation accrual shall be based on continuous regular service, as follows:
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37 Up to five (5) years: 80 hours
Six (6) to ten (10) years: 120 hours
Eleven (11) or more years: 1620 hours, plus 8 hours for each year of service after 10 years to a maximum of 20160
hours
15.02 SCHEDULING OF VACATION
Whenever appropriate, vacation scheduling shall be done within the time frame established by the division. Vacation may only be taken with twenty-four (24) hours prior notification and approval of the supervisor. A reasonable effort will be made to accommodate the employee.
Vacation periods of qualified employees shall be set with regard to the wishes and seniority of the employee, consistent with the efficient operation of the various City departments and divisions. Any disputes shall be resolved by the department head.
15.03 ILLNESS DURING VACATION
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect shall have the period of illness charged against sick leave and not vacation leave.
15.04 VACATION ACCRUAL MAXIMUM
Vacation accumulation may not exceed three (3) times the annual rate of accrual without prior written authorization for a specified amount of hours and a specified amount of time from the Department Head and the Chief People Officer (Human Resources Director), through August 18, 2023, at which time the maximum rate of accrual will revert to two (2) times the annual rate of accrual. Employees will receive at least thirty (30) days’ notice prior to exceeding their maximum accrual rate.
15.05 SPECIAL RECRUITMENT CIRCUMSTANCES
To facilitate the recruitment process of Supervisory Classifications, the City Manager and the Chief People Officer (Human Resources Director) may, at their discretion, set a higher Vacation Accrual Rate than specified in Section 15.01 and/or grant an advance Vacation Bank. Such rate shall not exceed the Vacation Accrual Rate or Maximum Accrual Amount that would apply if the applicant’s prior years of service were credited as City service.
SECTION 16.00 - SICK LEAVE
16.01 DEFINITION
The purpose of this article is to provide paid leave time to be used by employees in the event
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38 of their need for preventive healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, and for the necessity of designated family members for the reasons specified below in Section 16.02.01-Family Sick Leave.
Employees may also use up to forty (40) hours of their paid sick leave per fiscal year as specified in Section 17.01.01-Bereavement Leave.
16.02 ACCRUAL AND USE
An employee must be on paid status for at least fifty percent (50%) of the working hours of a pay period to earn sick leave credit for that pay period.
Full-time employees shall accrue sick leave at the rate of three and sixty-nine one-hundredths (3.69) hours per pay period.
Part-time employees shall accrue sick leave on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a twenty (20) hour/week position shall receive four (4) hours of sick leave each month).
When accrued sick leave must be used, an employee will notify their immediate supervisor of the need to use leave and its probable duration, if known, within one (1) hour after the regular scheduled starting time. If the employee’s need to use sick leave is unforeseeable, the employee must provide notice to the employee’s supervisor as soon as practicable. When the employee’s need to use sick leave is foreseeable, the employee must provide reasonable advance notice. However, the department head may grant an exception to this policy when it is determined that the employee's failure to notify was due to extreme circumstances beyond the control of the employee.
16.02.01 Family Sick Leave
Up to forty-eight (48) hours of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for a family member for preventive care, care of an existing health condition, or if they are a victim of domestic violence, sexual assault or stalking. For the purposes of this provision, family is defined as a spouse, child, parent, sibling, registered principal domestic partner, step-parent, grandparent, grandchild, or other close relation residing in the employee's household. This forty-eight hour (48) limitation may be extended by the Chief People Officer (Human Resources Director) with good cause.
16.03 LIMITATIONS
A department head may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized.
In cases of chronic absenteeism or medical work restrictions, the Chief People Officer (Human Resources Director) may have an employee examined by a City selected physician.
The City shall pay the cost of any such medical exam.
16.04 SICK LEAVE INCENTIVE PROGRAM
On the last payday in December each year, employees who have accumulated more than four
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39 hundred (400) hours of sick leave will “bank” all hours in excess of four hundred (400).
Banked hours may not later be converted to cash or vacation and will be used as sick leave only when all other sick leave is exhausted. The City will notify employees at least two (2) weeks before banking excess hours of sick leave.
Employees may instead choose to convert sick leave hours in excess of four hundred (400) to vacation hours at the rate of thirty-three percent (33%) of their current base rate of pay (not to exceed the Vacation Accrual Maximum set out in Section 15.04-Vacation Accrual Maximum).
Employees who have more than four hundred (400) hours of unbanked sick leave at the time of separation from the City will receive a cash payoff of all hours over four hundred (400) hours at the rate of thirty-three percent (33%) of their current base rate of pay if they have made an irrevocable election to do so by December 1st of the prior calendar year. The employee’s irrevocable election must designate the amount of their accrued sick leave earned each pay period in excess of four hundred (400) hours that they wish to have be subject to the irrevocable election for cash payoff at the time of separation.
Elections will not carry over from one calendar year to the next calendar year. Employees who do not make an irrevocable election by December 1st as described above will be deemed to have elected not to participate and will have all sick leave hours accrued in excess of four hundred (400) in the following calendar year “banked” and will be prohibited from receiving a cash payoff at the time of separation.
16.05 PERSONAL BUSINESS LEAVE
Employees may use up to twenty-four (24) hours per fiscal year of their accrued sick leave for the purpose of personal business. The scheduling and use of such leave is subject to the approval of the supervisor and shall only be authorized for non-recreational, business-related activities.
SECTION 17.00 - LEAVES OF ABSENCE
All leaves provided in this article shall be granted to full-time employees at the rates described. Parttime employees shall receive paid leaves of absence on a pro-rated basis, given the ratio of their budgeted work schedule to full time.
17.01 PAID LEAVES OF ABSENCE
17.01.01 Bereavement Leave
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee’s ability to continue daily work performance.
A leave of absence with pay of up to forty (40) hours per incident may be granted an employee
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40 by the department head in the event of a death in the employee’s family which shall, for the purpose of this article, include spouse, parent, child, grandparent, sibling, parent-in-law, registered principal domestic partner, grandchild of the employee or spouse, sibling-in-law, child-in-law, grandparent-in-law, or a close relation residing in the employee’s household. In rare cases when the individual has no other legalrelationship other than a foster or step parent, the Chief People Officer (Human Resources Director) or City Manager has the discretion to approve that leave upon application.
An additional forty (40) hours of leave chargeable to accrued sick leave, may be taken by an employee who needs additional time off in connection with a death in the family (as defined in this article).
17.01.02 Jury Duty
An employee required to report for jury duty or to answer a subpoena as a witness in their capacity as a City employee, shall be granted a leave of absence with pay for actual time spent in court and in related travel, not to exceed the number of hours in the employee’s normal workday and work week. Employees assigned to swing, graveyard, or other non- standard shifts shall receive equivalent time off when performing jury duty on their scheduled work day on the day the jury duty is performed. An employee must notify their supervisor of the expected duration of the absence and must present to the department head official documents supporting such duty. An employee shall reimburse the City for any jury services or witness fees received except mileage or subsistence allowance. This section shall not apply to grand jury service.
17.01.03 Absence for Examination
An employee shall be granted paid release time to participate in any part of an examination process for promotion or transfer within the City workforce that is scheduled during the employee’s regular hours of work. The employee shall notify their immediate supervisor twenty-four (24) hours in advance of such an absence.
17.01.04 Blood Donations
An employee may be granted paid release time of up to a maximum of one (1) hour for donating blood during regularly scheduled hours of work. The length of such leave must be approved by the supervisor and is dependent upon the nature and scheduling of the work performed and the travel distance required.
17.01.05 Military Duty
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) days per fiscal year of paid leave for any reserve training or active duty scheduled during the employee's regular work hours. The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty. All other military leaves shall be granted pursuant to relevant State and Federal statutes.
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41 Employees who exhaust the paid leave benefits described above may take unpaid leave pursuant to Section 17.02.01 and are not required to use vacation or other similar leave.
17.01.06 Workers’ Compensation
An employee who is entitled to continued temporary disability payments may use accumulated paid leave to supplement such payments to an amount equal to their net salary.
After depletion of any accrued paid leaves, the employee shall be eligible for benefits only in the amounts prescribed by the workers’ compensation laws.
The Union and the City recognize that work-related injuries/illnesses can often be prevented.
Work-related injuries or illnesses shall be an ongoing agenda item for City-wide Safety Committee. Proactive measures may be recommended by the Committee. The Committee will also make recommendations on appropriate way(s) of reviewing workers’ compensation claims.
Supervisory employees may donate vacation leave to other Supervisory employees who have exhausted all paid leave balances.
17.01.07 Paid Birth/Adoptive Leave
An employee is entitled to forty (40) hours leave with pay at or about the time of the birth of the employee’s child or at the time of adopting a child. This is prorated for part-time employees. The paid leave shall be within two (2) months of the birth or adoption.
This leave will be considered a part of the time allotted to family leave as authorized in Section
17.02.03. 17.02 UNPAID LEAVES OF ABSENCE
17.02.01 Medical or Personal LeaveLeave without Pay
Leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency, or other situations when such absence would not be contrary to the best interest of the City. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves.
, except that employees on medical leave may retain up to eighty (80) hours of accrued vacation and employees on Military Leave pursuant to Section 17.01.05 are not subject to the leave depletion requirement. The department head HR Director or their designee may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City ManagerHR Director or their designee with their discretion. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave. Denials of unpaid leaves of absence shall be given in writing and contain the reason therefore.
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42 17.02.02 Pregnancy Disability Leave
An employee may take a leave of absence of up to four (4) months in length for the purpose of pregnancy disability leave. The employee must provide adequate medical certification regarding any work restrictions that may exist prior to or after the birth.
Requests for pregnancy disability leave must be made in writing to the department head at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible barring any unforeseen medical issues related to the pregnancy or earlier or later birth than anticipated. Any requests for extension of pregnancy disability leave must be made in writing to the department head at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to use any accrued sick leave and vacation either before or after an approved pregnancy disability leave, within the use limitation of those leave provisions. No combination of pregnancy disability leave, family leave, sick leave, or vacation may exceed one (1) year total or seven (7) months post-partum.
Any additional post-partum leave, not to exceed one (1) year total, may be approved by the City Manager or his designee after consideration of the nature of the request and the operational needs of the department.
Upon return to work, the employee shall be assigned to the same classification but not necessarily to the same department.
17.02.03 Family Leave
In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks, (continuous or cumulative), per rolling twelve (12) month period measured backward, for any one or more of the following reasons:
A. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care, including the child of the employee’s domestic partner (leave for this reason must be taken within the twelve (12) month period following the child's birth or placement with the employee).
In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employees’ child or child of the employee’s domestic partner.
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43 B. In order to care for a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, or sibling of the employee who has a serious health condition.
C. The employee’s own serious health condition that makes the employee unable to perform the functions of their position.
D. Military family leave, which includes:
1. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending post-deployment reintegration briefings.
2. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty. a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.
Conditions covering the leave shall include the following:
A. “Eligible employee” means having been employed by the City for twelve (12) months and having worked for at least one thousand two hundred fifty (1,250) hours during the twelve (12) month period immediately preceding the commencement of the leave;
B. Medical verification is required for the employee or their ill family member for the medical leave period;
C. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.
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44 D. Employees are required to use accrued vacation as a part of the family leave period. Use of sick leave is not required, but may be used pursuant to the applicable provisions of the Memorandum of Understanding.
E. Pregnancy disability is not covered under this section and is covered by the California Fair Employment and Housing Act which allows up to four (4) months of leave depending on the actual disability (see section 17.02.02).
F.E. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purpose of longevity, and/or seniority.
Upon return to work, employees will be reinstated to an equivalent position with equivalent pay and benefits.
G.F. Any request for additional leave may be made pursuant to Section 17.02.01.
Requests for leave time using multiple time off provisions may not exceed the total amount allowed pursuant to Section 17.02.01.
H.G. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.
17.03 CONTINUATION OF INSURANCE BENEFITS DURING UNPAID LEAVES OF ABSENCE City-sponsored insurance benefits may be continued during unpaid leaves of absence under the following conditions:
17.03.01 Personal Leave
The City shall continue to pay benefit premiums during a personal leave of less than thirty (30) calendar days.
For leaves of more than thirty (30) calendar days, employees may continue premium payments at their own cost, in accordance with appropriate PERS medical plan provisions.
17.03.02 Medical Leave
The City shall continue to pay benefit premiums during the entire length of a medical leave of absence including pregnancy disability leave.
17.03.03 Family Leave
Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
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45 SECTION 18.00 – BENEFITS
18.01 MEDICAL BENEFITS
A. City Cafeteria Plan Contributions
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).
In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees. If an employee elects to participate in a CalPERS medical plan, the maximum monthly City Ccontribution*, including the PERS required minimum, shall equal 905% of the premium of the plan in which the employee is enrolled with the exception of the PERS Care plan (the contributions made toward the PERS Care plan are the same as those made towards the PERS Choice plan).cost of the highest medical premium between the Blue Shield Access+ HMO and PERS Choice PPO plans and employees will contribute the remaining premium balance, based upon the plan level in which they are enrolled (i.e., employee only, employee plus one, or employee plus family). Employees shall pay their contribution on a pre-tax basis. In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.
Each member participating in a medical plan will make an additional $35.00 contribution per pay period towards the cost of health care benefits. This pre-tax contribution is made during pay periods where employee deductions for health care benefits are taken (twenty four (24 )pay periods).
*Note: The monthly contribution is based on the CalPERS regional pricing for the Bay Area/Sacramento area, Region 1 ). In the event an active employee relocates to another regional area, or a newly hired employee resides in another regional area, it is the City's intent to provide a contribution based on the Bay Area/Sacramento area CalPERS regional pricing (Region 1 Area regional pricing) with the understanding that in no event 4925-7149-4790 v1 will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.
B. Optional Benefits
Through the Cafeteria Plan, employees may enroll in the following optional benefits and elect to pay premiums on a pre-tax basis:
1. Medical Reimbursement Account (MRA)
2. Dependent Care Reimbursement Account (DCAP)
3. Cancer and Critical Illness Protection Insurance
Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:
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46 1. Accident Protection Insurance
2. Additional Life Insurance
3. Long Term Care Insurance
C. Medical Waiver
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive two hundred dollars ($200.00) per month; part-time employees shall receive a prorated amount, based upon their full time equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pretax or post-tax optional benefits, or paid as a taxable cash benefit.
Employees receiving the medical waiver benefit must notify the Human Resources Division if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.
D. Medical Plan Changes
The City will continue to research alternatives to the CalPERS medical plan. The intent of researching alternatives is to provide equal medical coverage in a more cost effective manner.
If the City discontinues CalPERS medical coverage, to the extent possible, the City will provide similar coverage. In the event of a change in medical plan coverage, the City will provide the Union sixty (60) days’ notice, prior to the required notice to CalPERS, and the opportunity to discuss any such change and meet and confer regarding the impact of any changes.
Any change from the CalPERS medical plan during this contract term will only be made by mutual agreement.
18.02 DENTAL INSURANCE
The City shall provide a dental plan for employees and their eligible dependents with maximum benefit of three thousand dollars ($3,000.00) per covered individual per calendar year.
18.03 VISION INSURANCE
The City shall provide a vision plan for employees and their eligible dependents.
A. Coverage will include an annual eye examination. Contacts, lenses or frames will be covered annually.
B. The maximum monthly premiums contribution by the City is as follows:
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47 Employee Only: $10.64
Employee + Family: $18.74
18.04 LONG- TERM DISABILITY
The City shall contribute the full cost of the City-sponsored long-term disability program for employees working thirty (30) or more hours per week, with a maximum benefit of seven thousand five hundred dollars ($7,500) per month.
18.05 PART-TIME EMPLOYEES
The City shall pay a pro-rated share of medical, dental, vision, and life insurance premiums for part-time employees. The City’s pro-rated share of the premiums shall be based upon the proportion of the part-time employee’s hours in relation to the premium paid for a full time equivalency (FTE)* (e.g., a twenty four (24) hour per week position is six tenths (.6) FTE; an employee in a six tenths (.6) FTE position will receive sixty percent (60%) of the premium paid by the City for a full time employee). Part-time employees shall pay the balance of the premiums on a pre-tax basis unless the employee elects to pay the balance on a post-tax basis. *Full time equivalency, or FTE, is the ratio of an employee’s budgeted work schedule to fulltime work.
18.06 RETIREE HEALTH PROGRAM
A. Retiree Medical Plan
Covered employees who retire under the provisions of the City's contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA), currently one hundred fifty one dollars $151 per month as of the signing of this MOU.
B. Retiree Medical Incentive
Employees who receive a regular service retirement from CalPERS and have at the time of retirement at least ten (10) years of continued service with the City and are at least fifty-five (55) years of age, will receive a retiree medical incentive in the amount of one hundred dollars ($100.00) per month. This incentive will be paid during any period the retiree maintains CalPERS medical coverage and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age. If coverage is dropped and subsequently re-started it is the retiree’s responsibility to give the City written notice; payment of the incentive will be restarted beginning with the month in which the City receives written notice; if notice is received in a month after which coverage is re-started there will be no retroactive
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48 payment of the incentive for that/those month(s).
18.07 LIFE INSURANCE
The City shall provide a twenty-five thousand dollar ($250,000) term life insurance policy for employees.
18.08 PRINCIPAL DOMESTIC PARTNERS
The City will provide medical, dental and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s Spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal domestic Partners subject to the eligibility requirements established by either CalPERS or the City and subject to the tax regulations of the State of California and the Internal Revenue Service of the United States Government.
18.09 STATE DISABILITY INSURANCE
Effective the pay period inclusive of December 6, 2025, or when Council approves the successor MOU in open session, whichever is later, the City will provide to represented employees CA SDI and STD Plan Option #9 (30 day EP to dovetail with LTD 90 day EP, 24- hour coverage). To cover the cost of SDI benefits, employees shall contribute 1% of their base salary through payroll deductions.
SECTION 19.00 - SAFETY
19.01 INTENT
The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use safeguards, devices, and practices reasonably adequate to render such employment safe.
The Union will cooperate with the City by requiring employees under its control to work safely and, further, the Union recognizes its obligation to support the City's effort to prevent injuries.
19.02 SAFETY COMMITTEE
At least two supervisory employees shall be members of the Safety Committee. The Committee will establish a work program to carry out its functions.
19.03 SAFETY BOOTS
The City shall provide safety boots/shoes on an annual basis for the Classifications as determined by management or as shown on Exhibit B. The City may establish administrative procedures for the selection and purchase of such boots/shoes. All eligible employees will be required to wear safety boots/shoes while on duty unless granted a medical exemption. Safety boots/shoes shall not be worn for non-work related purposes.
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49 SECTION 20.00 - SUPERVISORY TRAINING
The City is committed to training members of this unit in supervisory skills and practices and will continue to allow paid release time to attend such programs. A list of available in-house training classes will be distributed through appropriate channels. Supervisory employees accept the responsibility to apply the knowledge from this training in the performance of their jobs.
The Union and the City recognize the unique concerns of Supervisory employees and their specific job-related training needs. The City agrees to work closely with the Union to see such training is provided according to the needs of the Supervisory Unit. Supervisory unit employees are encouraged to attend the “Introduction to Leadership” course once, along with two (2) qualifying courses from the Employee and Leadership Development Program on a yearly basis.
SECTION 21.00 - REDUCTION IN FORCE
21.01 LAY-OFFS
The City reserves the right to reduce its workforce by laying off employees for reasons of economy or changes in departmental operations. The order of lay-offs shall be governed by seniority in service. Reinstatement shall be in the reverse order of lay-offs. Seniority shall be calculated on hours in paid status, exclusive of overtime, from the most recent date of hire.
When one or more employees assigned to the same classification within a department are to be laid off, the order of lay-off shall be as follows:
1. Probationary
2. Regular
21.02 BUMPING
Bumping is defined as the movement from a current classification to the same, related (classification revision or title change) or previously held lower classification. Employees may exercise bumping privileges to a lower classification provided they meet the minimum qualifications of the lower classification. Bumping privileges may only be exercised within the assigned department except that employees with at least seven years continuous regular employment may bump between departments.
A related classification in this section refers only to classifications that have been revised or re-titled.
Seniority shall be based on total hours worked, exclusive of overtime, since the last date of hire into a regular or temporary City position, provided, however, that the hours in a temporary position must be in a classification within the Supervisory bargaining unit.
The least senior employee (in the classification of the position being eliminated/bumped to) in the laid off employee’s department is the person who will be bumped in the event there is
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50 no vacant position available. If there is no less senior employee in the Department in the classification of the position being eliminated/bumped to, the least senior employee in the classification of the position being eliminated/bumped to in any City Department shall be bumped provided the laid off employee has the right to bump across Departments.
Full-time employees have the right to bump the least senior full-time employee. However, if there is no less senior full-time employee, the full-time employee being laid off has the right to bump a less senior part-time employee in the position that is closest to the full time.
Part-time employees have the right to bump the least senior part-time employee in the classification of the position being eliminated/bumped to. However, if there is no less senior part-time employee, a part-time employee may bump the least senior full-time employee within the laid-off employee’s assigned department; such bumping from part-time to full-time is limited to positions within the same department and is only available to part-time employees who previously held a full-time position.
21.03 NOTIFICATION
Employees to be laid off shall be given not less than fifteen (15) working day's written notice prior to the reduction in force. The Union will be notified concurrently and will be provided with the City staff report to the Council recommending the layoff as soon as it is available.
Upon, request, the Union will be afforded the opportunity to discuss the lay-offs with the City at which time it can provide the City with other alternative cost saving measures to be considered as an alternative to the layoff. Employees not given at least fifteen (15) working days’ notice of layoff shall be given a day’s pay for each day less than fifteen (15) working days’ notice.
21.04 REASSIGNMENT
The Human Resources Division shall work with laid off employees to identify all available City positions for which the employee may be qualified either through bumping or transfer.
Whenever possible, employees to be laid off will be offered regular, casual, or temporary employment for which they are qualified. An employee shall notify the City of their decision within seven (7) working days following receipt of the offer of employment. The City’s obligation to offer regular employment shall cease when an employee has refused three such offers.
21.05 REINSTATEMENT
Should the position from which an employee was laid off be reestablished within 18 months and the workforce is increased as a result, the employee shall be eligible for reinstatement.
The employee must notify the Human Resources Division of their current address. Every effort shall be made to notify the affected individual of any reinstatement opportunity.
21.06 CONTINUATION OF INSURANCE BENEFITS
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51 An employee separated from City service as a result of this article shall have their health benefits paid by the City at the same level while employed for a period not to exceed sixty (60) days from the date of separation.
21.07 RETIREMENT IN LIEU OF LAYOFF
An employee may elect to accept retirement in lieu of layoff, voluntary demotion, or reduction in assigned hours. An employee shall, within ten (10) workdays prior to the effective date of the proposed layoff, complete and submit a form provided by the City for this purpose. An employee who retires in lieu of layoff shall have their name placed on the reemployment list.
21.08 IMPROPER LAYOFF
An employee who is improperly laid off as a result of a misapplication of the layoff procedure shall be reemployed upon discovery of the error and shall be reimbursed for all loss of salary and benefits, provided that discovery occurs within ninety (90) days of layoff.
21.09 TRANSITION TRAINING
The City shall provide, at no expense to the employee to be laid off, a minimum of twelve (12) hours of training to help employee’s transition to other employment. Such training shall occur prior to layoff. Employees shall receive their regular pay while attending this training.
The training may include, but not be limited to:
1. Résumé Writing
2. Methods of Job Searching
3. Interviewing
4. Coping with Stress
5. Unemployment Insurance Benefit
SECTION 22.00 - EMPLOYEE GRIEVANCE PROCEDURE
22.01 PURPOSE
To assure prompt and fair treatment of employee grievances related to employment. Any employee covered by this Memorandum of Understanding may file a grievance.
22.02 DEFINITION
A grievance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Understanding or the City’s Personnel Rules and Regulations; except disciplinary action as defined in Section 24.01.
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52 22.03 LIMITATIONS
A. A grievant may be represented by any representative of his or her choosing in preparing and presenting a grievance.
B. No reprisal shall result against any employee who presents a grievance under this procedure.
C. Time limits may be extended by written mutual agreement of the parties.
D. A grievance shall be considered settled in favor of the other party if, at any step, a decision is not rendered or appealed within the specified time limit.
E. Only upon mutual agreement between the parties, may Step I of the grievance procedure be waived.
F. A grievant and representative will be allowed reasonable time during work hours to meet regarding any grievance as provided in this article without loss of pay as long as there is no disruption of work. It is understood that the grievant and representative shall: (1) provide their supervisor(s) with advance notice and request for such time; (2) that such request will not be arbitrarily denied; (3) that such time shall be charged on the grievant’s/representative’s time card to the designated program code, if applicable; (4) this provision shall be limited to periods of regular working hours and be excepted from any other time including but not limited to overtime.
G. The Union and the City each shall have a mutual obligation upon demand to disclose to the other any fact or information relevant to the grievance and known to the party.
22.04 PROCEDURES
Step I:
The grievant will first attempt to resolve the grievance through informal discussions with successive levels of supervision beginning with their immediate supervisor through their highest management-level supervisor, exclusive of the department head. Those discussions must be initiated within ten (10) workdays of when the employee knew or reasonably should have known of the incident upon which the grievance is based. Every attempt will be made by the parties to settle the issue at this level.
Step II:
If the grievance is not resolved through the informal discussions, the employee or their representative may, within ten (10) workdays after the informal meeting, submit a written grievance to their department head. When the union representative files a Step II grievance, the grievance will not be processed by the City until such time as the grievant signs the grievance.
The written appeal must contain in clear, factual and concise language:
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53 1. A brief statement as to the date of the occurrence on which the grievance is based and the facts as the grievant sees them.
2. The rule, regulation, or act on which the grievance is based.
3. The action the grievant believes will resolve the grievance.
4. Signature of the employee.
The department head shall hold a conference with the grievant within ten (10) workdays following receipt of the formal grievance. They shall prepare a written response within five (5) working days after the conference. Copies shall go to the parties involved including the employee’s representative and the Human Resources Division.
Step III:
If the grievance is not resolved, the grievant may, within five (5) workdays following receipt of the department head’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal. The grievance may also be appealed if the department head fails to respond within fifteen (15) workdays after submission of the formal grievance.
The City Manager or their representative shall set a hearing within ten (10) workdays of receiving the appeal. The grievant, their representative and other parties summoned by the City Manager or representative shall attend the hearing and present testimony or evidence concerning the grievance. The parties may bring a reasonable number of witnesses to the hearing.
The City Manager or their representative shall render a written decision to all parties directly involved within fifteen (15) workdays following the hearing.
Step IV:
If the grievance is not resolved to the satisfaction of the grievant at the conclusion of Step III, the grievant may appeal the decision of the City Manager to a neutral arbitrator, provided they so inform the City in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first
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54 choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post hearing briefs if necessary. The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
The arbitrator’s expenses, if any, shall be borne equally by the parties. Each party shall bear the cost of its own representation.
SECTION 23.00 - DISCIPLINARY APPEALS PROCEDURE
23.01 DEFINITION
For the purposes of this article, disciplinary action shall mean suspension, demotion, disciplinary reduction in salary or discharge.
The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
23.02 PRE-ACTION PROCEDURE
Step I:
Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports, or documents upon which the action is based.
The employee shall have the right to respond to the charges within five (5) workdays from receipt of the notice either orally, in writing, or both to the department head. If the department head is personally involved in the initial investigation and notice process, the City Manager or Human Resources Director shall appoint a designee to hear the employee’s response.
The employee may request an extension of the time to respond for justifiable reasons. Failure to respond with the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.
Step II:
Following a review of a proposed disciplinary action, the department head, within five (5) workdays of receiving the employee’s response, shall render a written decision and send it by
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The employee has the right, within five (5) workdays after receiving the decision, to file a request for appeal with the City Manager, or designee, unless good cause for the failure is shown. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the preaction procedures have been exhausted.
23.03 POST-ACTION APPEAL
Step III:
If the employee files a timely appeal, the City Manager shall, within five ten (105) workdays after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than five ten (105) workdays from the date the appeal was received.
The hearing officer may conduct such independent investigation of the matter as they deem necessary to evaluate claims raised by the employee during the hearing. However, the hearing officer shall not initiate an investigation or introduce new factual findings that were not previously disclosed to the employee as part of the basis for their discipline, unless those facts were introduced by the employee during the hearing. In such cases, the hearing officer may include those facts solely to supplement the findings related to the employee’s claims. The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) workdays following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
For discipline equivalent to the severity of suspension of three (3) days or less, there shall be no appeal beyond Step III and the City Manager’s decision shall be final.
Step IV:
If the appeal is not resolved (except as exempted above) to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
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56 If such a list is requested from the State Mediation and Conciliation Service, the parties within five ten (105) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five ten (105) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post hearing briefs, if necessary. The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) working days after the conclusion of the hearing.
The arbitrator’s expenses shall be borne equally by the parties. Each party shall bear the cost of its own representation.
SECTION 24.00 - WRITTEN REPRIMANDS
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to their department head by filing an appeal to the department head within five (5) working days of receipt of the reprimand. The department head’s decision regarding the written reprimand shall be final.
SECTION 25.00 - AUTHORIZED AGENTS
For the purposes of administering the terms and provisions of this Memorandum of Understanding:
A. The City’s principal authorized agent is the Chief People Officer (Human Resources Director), or their duly authorized agent (address 809 Center Street, Room 6, Santa Cruz, California 95060), except where a particular management representative is specially designated in connection with the performance of a specified function or obligation set forth herein.
B. The Union’s principal authorized agent is the Field Representative of Operating Engineers’, Local 3 or their duly authorized representative.
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57 SECTION 26.00 - RENEGOTIATIONS
If a party desires to negotiate a successor MOU, then the party shall serve upon the other party, no more than 150 calendar days prior to the expiration date of the M.O.U., its written request to begin negotiations.
Negotiations shall begin within thirty (30) days from the date of receipts of such notice or one hundred twenty (120) days prior to the expiration date of the current M.O.U., whichever is sooner.
SECTION 27.00 –MISCELLANEOUS
27.01 AUTOMATIC DEPOSIT - NEW HIRES
Newly hired City employees shall be required to receive their paycheck through automatic deposit. Newly hired means only those employees hired from external hiring list, and does not include promotional hires from current City employees. The City will create an appeal process for those who do not use financial institutions.
27.02 HOLIDAY CLOSURE
If the City decides to close around the Christmas and New Years’ holidays, the following will apply:
Employee participation in the closure program is voluntary. During the closure, employees may use accrued vacation, compensatory time off, floating holidays, or excess holiday time.
Employees may also request leave without pay during this year-end closure which will result in budget savings. To encourage the use of leave without pay, seniority, benefit and leave accruals will not be impacted if leave without pay is taken during the year-end closure period. (Note: Unpaid leave is not credited towards PERS retirement.) The City will allow leave without pay hours to be deducted over the same number of pay periods as the number of workdays the City was closed.
If there are employees who do not wish to take either paid or unpaid leave time during the closure period the City will make a reasonable effort to accommodate their request to work during the closure by finding appropriate assignments and/or work space.
SECTION 28.00 - SEVERABILITY
Should any of the provisions herein contained be rendered or declared invalid by reason of any State or Federal legislation or court action, such invalidations shall not invalidate the remaining portions of this Memorandum of Understanding which shall remain in full force and effect, insofar as such remaining portions are severable.
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58 SUPERVISORY UNIT CITY OF SANTA CRUZ
OF THE CITY OF SANTA CRUZ
Michael Moore Date Timothy DavisSara De Leon, Lead Negotiator Date
Jennie MunsterDaniel Lawson- Thomas Date Lisa
MurphyTimothy L. Davis, Labor Counsel Date
Daniel Lawson-Thomas Date
Armando Deloera Date
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59 EXHIBIT A: SUPERVISORY CLASSIFICATIONS EXHIBIT A
CITY OF SANTA CRUZ
SUPERVISORY CLASSIFICATIONS
INSERT CURRENT VERSION IN PDF
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60 EXHIBIT B: CLASSIFICATIONS REQUIRING SAFETY BOOTS EXHIBIT B
SUPERVISORY UNIT
CLASSIFICATIONS REQUIRING SAFETY BOOTS
Chief Ranger
Field Supervisor
Garage Service Supervisor
Homelessness Services Supervisor
Lead Equipment Mechanic
Parks Field Crew Leader
Resource Recovery Supervisor
Senior Electrician
Service Field Crew Leader
Water Distribution Crew Leader III/IV
Water Distribution Supervisor IV/V
Water Facilities Field Supervisor
Water Meter Supervisor
Water Treatment Supervisor IV/V
Wharf Construction Crew Leader
Wharf Supervisor
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61 EXHIBIT C: COUNCIL POLICY 25.2 DISCRIMINATION, HARASSMENT,
RETALIATION, AND RESPECTFUL WORKPLACE CONDUCT
POLICY EXHIBIT C
SANTA CRUZ CITY COUNCIL
STATEMENT OF EQUAL EMPLOYMENT OPPORTUNITY
AND NON-DISCRIMINATION POLICY
INSERT CURRENT VERSION IN PDF
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65 EXHIBIT D: ADMINISTRATIVE PROCEDURE ORDER II-1A
DISCRIMINATION/HARASSMENT/RETALIATION
POLICY IMPLEMENTATION AND COMPLAINT PROCEDURE
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INSERT CURRENT VERSION IN PDF
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70 EXHIBIT E: ADMINISTRATIVE PROCEDURE ORDER II-1B
RESPECTFUL WORKPLACE CONDUCT
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RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE 2025-2028 SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE SUPERVISORS OPERATING ENGINEERS, LOCAL 3
WHEREAS, representatives of the City of Santa Cruz and Supervisors Operating Engineers, Local 3 (“OE3”) have met and conferred in good faith pursuant to the Meyers-MiliasBrown Act regarding a successor Memorandum of Understanding; and WHEREAS, the City and OE3 reached a Total Tentative Agreement dated January 7, 2026, comprised of individual Tentative Agreements, addressing wages, hours, and other terms and conditions of employment; and
WHEREAS, the parties have prepared a successor Memorandum of Understanding for the term December 6, 2025 through December 8, 2028, which incorporates and memorializes all Council-approved Tentative Agreements; and
WHEREAS, the successor Memorandum of Understanding is attached hereto as Exhibit A and reflects no changes beyond those previously approved by the City Council on January 13, 2026;
NOW, THEREFORE, BE IT RESOLVED that by the City Council of the City of Santa Cruz that the 2025-2028 Successor Memorandum of Understanding between the City of Santa Cruz and OE3, effective December 6, 2025 through December 8, 2028, is hereby approved.
PASSED AND ADOPTED this 10th day of February, 2026 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
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SUCCESSOR MOU NEGOTIATIONS
Between
CITY OF SANTA CRUZ
And
SUPERVISORY EMPLOYEES OF THE CITY OF SANTA CRUZ
OPERATING ENGINEERS, LOCAL #3
CITY’S TOTAL PACKAGE TENTATIVE AGREEMENT PROPOSAL #4
JANUARY 7, 2026
The City submits this Total Package Tentative Agreement Proposal #3 pursuant to ground rule 15.
A rejection of any one of the proposals set forth below will be deemed a rejection of the Total Package Proposal in its entirety. The City reserves the right to modify any of the below proposals based on any subsequent individual proposal or any additional subsequent Total Package Proposal.
1. TERM PROPOSAL
2.00 TERM
This Memorandum of Understanding shall be effective on December 6, 2025, or when Council approves the successor MOU in open session, whichever is later, and shall expire on December 8, 2028.
Unless otherwise stated herein, all payroll related changes identified in this agreement will commence with the pay period beginning December 6, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later.
2. SALARY PROPOSAL
13.00 PAY RATES AND PRACTICES
Effective the pay period that begins on December 6, 2025, or when Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by three percent (3.0%).
Effective the pay period that begins on November 21, 2026, the salary for all bargaining unit members shall be increased by three percent (3.0%).
Effective the pay period that begins on December 4, 2027, the salary for all bargaining unit members shall be increased by four percent (4.0%).
3. LONGEVITY PROPOSAL
13.05 LONGEVITY
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Upon completion of ten (10) years of continuous regular service employees shall receive a two and one-half percent (2.5%) longevity pay increase. Upon completion of fifteen (15) years of continuous regular service employees shall receive an additional two percent (2%) longevity pay increase.
Effective November 21, 2026, upon completion of twenty (20) years of continuous regular service employees shall receive an additional two percent (2%) longevity pay increase. Longevity is calculated from the date of hire into a regular status position or a fully benefited special status position. It is understood that longevity pay is considered "additional compensation" for purposes of PERS and tax computations.
4. STATE DISABILITY INSURANCE PROPOSAL
NEW SECTION
Effective the pay period inclusive of December 6, 2025, or when Council approves the successor MOU in open session, whichever is later, the City will provide to represented employees CA SDI and STD Plan Option #9 (30 day EP to dovetail with LTD 90 day EP, 24-hour coverage). To cover the cost of SDI benefits, employees shall contribute 1% of their base salary through payroll deductions.
5. FIXED HOLIDAYS PROPOSAL
14.01 FIXED HOLIDAYS
Employees within the unit shall have the following specific holidays with pay:
Twelve (12) 8 Hour Holidays
New Year's Day
Martin Luther King's Birthday
Presidents' Day
César Chavez Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Four (4) Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve.
The last four (4) hours of the work shift are Holiday hours for New Year's Eve.
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Except as provided for on Christmas Eve and New Year's Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.
6. WORKING OUT OF CLASS PROPOSAL
13. 06 WORKING OUT OF CLASSIFICATION PAY DIFFERENTIAL
The term "working out of classification" is defined as a management authorized full-time assignment on a temporary basis of an employee in a lower classification to a budgeted higher classification. Assignments will be made by the Department Head or City Manager to qualified employees assuming a significant number of duties of the higher classified position. Employees must work a minimum of one (1 ), eight (8) hour day to qualify for out-of-classification pay.
The employee so assigned shall be entitled to receive a minimum of five percent (5.0%) above the employee's current base rate of pay for another supervisory or management position.
Best efforts will be made to equally offer working out of classification opportunities to all qualified staff on a rotating basis. When a particular employee has worked out of classification for more than 90 consecutive workdays in a position that is vacant, including vacancies resulting from an employee’s long-term leave; and the assignment exceeds 90 consecutive workdays, an additional five percent (5.0%) will be added to the above pay for the duration of the assignment.
All initial working out of class assignments will be submitted as determined by the HR Director or their designee.
In accordance with the Public Employees Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are "New Members" of CalPERS, as defined by California Government Code Section 7522.04(±).
7. HAZARDOUS MATERIAL PAY PROPOSAL
13.19 HAZARDOUS MATERIAL PAY
The City will provide a fifty ($50.00) per month premium pay for all employees who may be exposed to dangerous chemicals and/or biohazardous materials as indicated in the job classification description. The list of qualifying classifications will be confirmed at a subsequent meeting.
8. LIFE INSURANCE PROPOSAL
18.07 LIFE INSURANCE
The City shall provide a twenty-five thousand dollar ($25,000) term life insurance policy for employees.
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9. VACATION PROPOSAL
15.01 ACCRUAL
Vacation accrual will be on a monthly basis beginning at date of hire. Employees within the probationary period may use accrued paid vacation upon approval of the department head; such time will not be counted as qualifying service toward completion of the probationary period.
An employee must be in paid status for at least fifty percent (50%) of a pay period to earn their vacation accrual. Annual vacation accrual shall be based on continuous regular service, as follows:
Up to five (5) years: 80 hours
Six (6) to ten (10) years: 120 hours
Eleven (11) or more years: 160 hours plus 8 hours for each year of service after 10 years to a maximum of 200 hours
10. OVERTIME PROPOSAL
13.08 OVERTIME
The Union understands that from time to time employees may be directed to work overtime hours. To the extent possible, employees will be given advance notification. An employee may be excused from overtime work for legitimate reasons.
Overtime shall be defined as all management authorized hours in a paid status in excess of forty (40) hours per week, which are contiguous with the employee's regular work schedule, excluding voluntary training. Overtime shall be computed at the rate of one and one-half (1- 1/2) times the base hourly rate or may be converted to compensatory time off at the rate of one and one-half (1-1/2) times the hours worked.
Compensatory time off shall not be allowed to accumulate beyond one hundred sixty (160) hours at any given time. Any accrued and unused compensatory time earned during the calendar year will be paid out on the last pay date in December each year and employees will not be permitted to carry over unused compensatory hours at the conclusion of the calendar year.
Employees with accrued compensatory time off may choose from the following options:
• To use such time within a reasonable period in the same calendar year as it was earned after making the request, unless such time off will unduly disrupt the operations of the department.
• To roll over any accrued and unused compensatory time earned during the calendar year into a City-sponsored deferred compensation plan anytime during the calendar year. • To cash out all or part of the accrued and unused compensatory time anytime during the calendar year.
• Any remaining balance will be either rolled over to deferred comp or paid out as described
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above on the last payday in December.
11. SHIFT DIFFERENTIAL PROPOSAL
13.07 SHIFT DIFFERENTIAL
Any employee who is required and authorized by management to work, and actually works, a regularly scheduled shift at least one hour or more of which fall between the hours of 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of ninety cents ($.90) per hour or five percent (5%), whichever is greater, for each hour worked within the shift differential period of 6:00 p.m. and 6:00 a.m.
Evening differential shall not apply to:
a. Paid leave hours, including vacation, sick leave, holidays, and other paid leaves provided in Section 17.01.
b. Hours that are worked between 6:00pm and 6:00am as a result of call-back, duty assignment, or overtime.
c. Hours that are worked which weekend differential is paid.
13.07.01 Weekends
Part-time and Regular employees assigned to 24-hour operations and required and authorized by management to work a regularly scheduled shift with at least one hour or more that falls between 6:00 p.m. Friday and 6:00 a.m. Monday shall be paid a shift differential of ten percent (10%) the employee’s regular rate of pay for each hour worked within the shift differential period of 6:00 p.m. Friday and 6:00 a.m. Monday. Work on a Fixed Holiday, as outlined in Section 14.01, results in hours being banked. This provision applies to the following classifications: Senior Wastewater Plant Operator III/IV, Water Treatment Supervisor IV/V, and Wastewater Treatment Operations Supervisor.
Weekend differential shall not apply to:
A. Paid leave hours, including vacation, sick leave, holidays and other paid leaves, provided in Section 17.00-Leaves of Absence.
B. Hours that are worked between 6:00 p.m. and 6:00 a.m. as a result of call-back, duty assignment, or overtime.
13.07.02 Water Plant Lone Operator
The Water Treatment Supervisor IV/Water Treatment Supervisor V - Chief Plant Operator assigned to the Water Treatment Facility will receive fourdollars ($4.00) per hour additional shift differential subject to meeting all the conditions listed below:
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A. Fully qualified to operate the Graham Hill Treatment plant without direct supervision as determined by the Superintendent of Water Treatment and Production.
B. Works at least six hours without any other qualified Treatment Operators present.
If the above conditions are met, then the shift differential will be paid for all hours actually performing the duties as the "stand-alone" Treatment Operator.
13.07.03 Wastewater Plant Lone Operator
A Senior Plant Operator assigned to the Wastewater Treatment Facility will receive four dollars ($4.00) per hour additional shift differential subject to meeting all the conditions listed below:
A. State Water Resources Control Board Grade 3 Wastewater Plant Operator Certification.
B. Fully qualified to work at the City of Santa Cruz Wastewater Treatment Plant as the Lone Operator.
C. Works at least four (4) hours alone as the only operator (except for callback responses).
If the above conditions are met, then the shift differential will be paid for all hours worked on assigned "lone operator" shift.
12. RETIREMENT PROPOSAL
13.04 RETIREMENT
13.04.01 Employees Hired on or Before May 11, 2012 (Tier I) This section 13.04.01 shall apply to employees hired on or before May 11, 2012 who are contributing members of CalPERS.
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for employees covered by this section 13.04.01 shall be based on the single highest year.
B. 2.0% @ 55 Pension Formula
The 2.0% @ 55 pension formula shall be available to all employees covered by this section 13.04.01 who are contributing members of CalPERS.
Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 13.04.01.
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C. Required Employee Contribution
Members covered by this section 13.04.01 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 55 pension formula. The required contribution amount was seven (7.0%) as of the date of this MOU.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period containing August 17, 2013 members covered by this section 13.04.01 will contribute an additional four percent (4.0%) (total of eleven percent (11.0%) as of the date of this MOU).
Effective the pay period that begins on November 21, 2026, employees covered by this section shall have their payment of the employer’s retirement share reduced by
1.0% (total 10.0%) on a pre-tax basis.
13.04.02 Employees Hired On or After May 12, 2012 (Tier II) This section 13.04.02 shall apply to employees hired after May 12, 2012 but on or before January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 13.04.02 shall be based on the employee's highest three-year average.
B. 2.0% @ 60 Pension Formula
The 2.0% @ 60 pension formula shall be available to all employees covered by this section 13.04.02 who are contributing members of CalPERS.
Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 13.04.02.
C. Required Employee Contribution
Members covered by this section 13.04.02 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 60 pension formula. The required contribution amount was seven percent (7.0%) as of the date of this MOU.
D. Additional Required Employee Contribution
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In addition to the required employee contribution, starting with the pay period containing August 17, 2013 members covered by this section 13.04.02 will contribute an additional four percent ( 4.0%) (total of eleven percent (11.0%) as of the date of this MOU).
Effective the pay period that begins on November 21, 2026, employees covered by this section shall have their payment of the employer’s retirement share reduced by
1.0% (total 10.0%) on a pre-tax basis.
13.04.03 Employees Hired On or After January 1, 2013 (Tier III) This section 13.04.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 13.04.03 shall be based on the employee's highest three year average.
B. 2.0% @ 62 Pension Formula
The 2.0% @ 62 pension formula shall be available to all employees covered by this section 13.04.03 who are contributing new members of CalPERS.
Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 13.04.03. Employees covered by this section 13.04.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.
C. Required Employee Contribution
Members covered by this section 13.04.03 will contribute the employee contribution amount established by CalPERS for their pension formula. The required contribution amount for the 2.0%@ 62 was seven and one quarter percent 7.25% as of the date of this MOU. In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period containing August 17, 2013 members covered by this section 13.04.03 will contribute an additional 4.0% (total of eleven and one quarter percent 11.25% as of the date of this MOU).
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Effective the pay period that begins on November 21, 2026, employees covered by this section shall have their payment of the employer’s retirement share reduced by 1.0% (total
10.25%) on a pre-tax basis.
13. PERFORMANCE EVALUATIONS PROPOSAL
11.02 PERFORMANCE EVALUATIONS
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisors. Employees will be evaluated at the completion of their third and sixth month of service. For original and re-hire appointments, employees will receive an informal evaluation at their third month of service and a formal written evaluation at six and twelve months of service. Thereafter, all regular employees will be evaluated annually on their merit review date.
Evaluations are intended to be a summary of the employee's performance over the course of the evaluation period. Evaluations are also to be used as a tool to motivate the employee to work at their highest capacity and to communicate and document the employee's level of performance. To this end, the supervisor and the employee will meet and discuss work responsibilities, job standards and objectives, review progress and plan for the employee's future development prior to the evaluation being placed in the employee's personnel file. Supervisors will make every effort to address performance issues in a timely manner throughout the evaluation period and provide appropriate feedback to employees on an ongoing basis.
Any additions, corrections, deletions or changes on the original evaluation form require initialing by both the maker of the amendment and the employee to indicate that the changes have been discussed and understood. No evaluation shall be made on hearsay statements. Employees may also choose to discuss performance evaluations with their department heads and/or the Chief People Officer (Human Resources Director) and formally enter a response to the evaluation in their personnel file. Disputes regarding performance reviews shall not be subject to the grievance process.
14. PROBATION PROPOSAL
11.03 PROBATION
11.03.01 Probationary Period
All original and re-hire appointments shall be subject to a probationary period of twelve (12) months. Successful completion of the six-month evaluation of an original and rehire appointment qualify for a merit increase. Promotional appointments shall be subject to a probationary period of six (6) months at which they qualify for a merit increase.
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Any time spent by an employee on paid or unpaid leave exceeding five (5) consecutive workdays shall not be counted as qualifying service toward completion of the probationary period.
11.03.02 Objective of Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards and observing and evaluating the employee's performance.
11.03.03 Rejection of Probationary Employee
During the probationary period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing.
Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.
11.03.04 Extension of Probation
All efforts will be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority and approved by the Chief People Officer (Human Resources Director) when good cause exists. Such extensions shall be for a specific period of time not to exceed six (6) months for original hire and re-hire appointments, and not to exceed three (3) months for promotional appointments. The employee shall be informed in writing of the reasons for the period of the extension at least seven (7) calendar days prior to the scheduled end of the probationary period.
15. LIGHT DUTY ASSIGNMENTS PROPOSAL
12.07 LIGHT DUTY ASSIGNMENTS
If an employee's medical condition temporarily precludes the performance of their normal duties and management determines modified work is available and necessary to be performed, they may, with medical authorization from the employee's personal physician, be temporarily assigned to such work for a period not to exceed six months unless an extension is approved by the Human Resources Director or their designee. No change in base pay will result from this temporary assignment.
16. SALARY RATES UPON APPOINTMENT PROPOSAL
13.02 SALARY RATES UPON APPOINTMENT
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New employees shall be hired at the first step of the classification's salary range; unless a higher starting step is recommended by the appointing authority based on the employee's advance qualifications for the position and such recommendation is approved by the Human Resources Director or their designee.
Promoted employees shall be appointed to the first step in the salary range for the new classification. However, if such employee is already being paid at a rate equal to or higher than the first step of the higher range, they shall be placed at the next higher step in the new range to provide the employee an increase of at least two and one-half percent (2.5% ).
17. COMPACTION PROPOSAL
13.21 COMPACTION
The City agrees to meet and confer with the union quarterly with a pledge of preventing and addressing compaction between a supervisor and the position they supervise. The Parties will meet at least quarterly to resolve compaction and implement all applicable changes by the second full pay period of July annually. All changes, including implementation timing, must be made upon mutual agreement of the Parties.
Salary compaction is defined as any percentage less than ten percent (10%) between top step salary of the supervisory and the top step salary of the classification it primarily supervises. A list of supervisor positions and the associated positions they supervise will be discussed at the meeting.
18. ADVANCEMENT WITHIN THE RANGE PROPOSAL
13.03 ADVANCEMENT WITHIN THE RANGE
A. Advancement within a classification's salary range shall normally be granted on the employee's scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation submitted by the department head and approved by the Chief People Officer (Human Resources Director).
B. All new and promoted employees shall be granted their first merit increase upon successful completion of the probationary period (see "Probation").
The employee shall then be eligible for subsequent merit increases after each full-year on paid status, continuing until the top of the salary range is attained.
C. Merit increases shall be from one pay step to the next higher pay step.
Increases of greater than one step may, however, be recommended by the department head when exceptional performance has been demonstrated by the employee. Increases of greater than one step must be approved by the Chief People Officer (Human Resources Director).
D. A merit increase may be denied by the department head when an employee's job performance falls below the acceptable work standards for the duties
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assigned. The department head may, in such a case, recommend that the employee's work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee's original review date shall change and they shall be eligible for the next merit increase after one year on paid status from the new review date.
E. An employee's scheduled merit review date shall be adjusted for any time spent by the employee on paid or unpaid status.
F. When an employee's position is reclassified to a classification with a higher salary range, the employee's pay shall be set at the beginning salary of the range or be placed at a salary in the new range that provides the employee a salary increase of at least five percent (5%). This increase shall have no effect on the employee's original merit review date.
19. MEDICAL BENEFITS PROPOSAL
18.01 MEDICAL BENEFITS
A. City Cafeteria Plan Contributions
The City will provide medical insurance through the California Public Employees' Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).
In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan ("Cafeteria Plan") to all eligible employees. If an employee elects to participate in a CalPERS medical plan, the maximum monthly City contribution*, including the PERS required minimum, shall equal 90% of the cost of the highest medical premium between the Blue Shield Access+ HMO and PERS Choice PPO plans and employees will contribute the remaining premium balance, based upon the plan level in which they are enrolled (i.e., employee only, employee plus one, or employee plus family). Employees shall pay their contribution on a pre-tax basis. In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.
Each employee participating in a medical plan will make an additional $35.00 contribution per pay period towards the cost of health care benefits. This pre-tax contribution is made during pay periods where employee deductions for health care benefits are taken (24 pay periods).
*Note: The monthly contribution is based on the CalPERS regional pricing for the Bay Area/Sacramento area, Region 1 ). In the event an active employee relocates to another regional area, or a newly hired employee resides in another regional area, it is the City's intent to provide a contribution based on the Bay Area/Sacramento area CalPERS regional pricing (Region 1 Area regional pricing) with the understanding that in no event
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will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.
20. TENTATIVE AGREEMENTS
Individual Tentative Agreements: The Parties also mutually agree to incorporate the individual tentative agreements signed by their respective bargaining teams during these negotiations for a successor MOU, pursuant to ground rule 15.
For the City of Santa Cruz Supervisory Employees of the City of Santa Cruz Operating Engineers, Local #3
________________________________
Sara De Leon , Lead Negotiator
Date:
____________________________________
Michael Moore, OE3 Lead Negotiator
Date:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date:
____________________________________
DC Lawson-Thomas, OE3 Vice President
Date:
12.180
City Council
AGENDA REPORT
DATE: 01/21/2026
AGENDA OF: 02/10/2026
DEPARTMENT: Human Resources
SUBJECT: 2025-2028 City of Santa Cruz Fire Management Association Agreement for Successor Memorandum of Understanding (HR)
LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution adopting a successor Memorandum of Understanding between the City of Santa Cruz and the Fire Management Association effective October 11, 2025 through June 30, 2028.
BACKGROUND: Having met and conferred in good faith in accordance with the MeyersMilias-Brown Act, the City and Fire Management Association (FMA) have reached a Total Tentative Agreement. On January 13, 2026, City Council adopted the Total Tentative Agreement between the City of Santa Cruz and FMA.
DISCUSSION: As directed by Council on January 13th, 2026, staff brings this item before Council for adoption of the successor MOU for FMA in its entirety.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.
HEALTH IN ALL POLICIES (HiAP): Approval of the successor MOU aligns with the Public Health pillar of HiAP in that it supports workforce stability in critical public safety roles, ensuring continuity of emergency medical, fire suppression, and prevention services that protect community health and safety.
FISCAL IMPACT:
1. The recommendation in this report impacts the General Fund: Yes
2. This recommendation requires a budget adjustment: Yes
3. The recommendation creates an on-going expenditure commitment: Yes FISCAL IMPACT DESCRIPTION: Additional appropriations to account for the cost of these compensation and benefit changes will be brought comprehensively to City Council in the FY 2026 midyear budget adjustment in February 2026 and as part of FY 2027 budget.
13.1 Prepared and Submitted By:
Sara De Leon
HR Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. FMA RESOLUTION.DOCX
2. FIRE MOU 2025-2028 CLEAN.PDF
3. FIRE MOU 2025-2028 TRACK CHANGES.PDF
4. FMA TENTATIVE AGREEMENT SECTION 18.08 LONG TERM DISABILITY INSURANCE.PDF
5. FMA TENTATIVE AGREEMENT SECTION 17.02.04 CONDITIONS COVERING FAMILY LEAVE.PDF
6. FMA TENTATIVE AGREEMENT SECTION 13.00 HOLIDAYS.PDF
7. FMA TOTAL TENTATIVE AGREEMENT.PDF
13.2 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE 2025-2028 SUCCESSOR MEORANDUM OF UNDERSTANDING WITH THE FIRE
MANAGEMENT ASSOCIATION
WHEREAS, representatives of the City of Santa Cruz and Fire Management Association (“FMA”) have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding a successor Memorandum of Understanding; and
WHEREAS, the City and FMA reached a Total Tentative agreement, comprised of individual Tentative Agreements, addressing wages, hours, and other terms and conditions of employment; and
WHEREAS, the parties have prepared a successor Memorandum of Understanding for the term October 11, 2025 through June 30, 2028, which incorporates and memorializes all Councilapproved Tentative Agreements; and WHEREAS, the successor Memorandum of Understanding is attached hereto as Exhibit A and reflects no changes beyond those previously approved by the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the 2025-2028 Successor Memorandum of Understanding between the City of Santa Cruz and Fire Management Association, effective October 11, 2025 through June 30, 2028, is hereby approved.
PASSED AND ADOPTED this 10th day of February, 2026 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
13.3 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ
AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 27, 2025-June 30, 2028
13.4 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 27, 2025 – June 30, 2028
Contents
SECTION 1.00 - TERM ................................................................................................................................... 1 SECTION 2.00 - PREAMBLE ......................................................................................................................... 1 SECTION 3.00 - NO ABROGATION OF RIGHTS ........................................................................................ 1 SECTION 4.00 - UNION/MANAGEMENT RELATIONS............................................................................. 1
4.01 Association Use of City E-Mail System .......................................................................................... 1 SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP ....................................................................... 2
5.01 Recognition ...................................................................................................................................... 2
5.02 Payroll Deduction ............................................................................................................................ 2
5.02.01 Payroll Deductions ................................................................................................................. 2
5.02.02 Union’s Certification ............................................................................................................. 2
5.03 Indemnification ..................................................................................................................................... 3
5.04 Union Notification ........................................................................................................................... 3 SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER ................................................ 3 SECTION 7.00 - NO DISCRIMINATION ...................................................................................................... 4 SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS .......................................................................... 4
8.01 56 Hour/Week Schedule .................................................................................................................. 4
8.01.01 Work Week ............................................................................................................................ 4
8.01.02 Shifts ...................................................................................................................................... 4
8.01.03 Time Released ........................................................................................................................ 4
8.02 40 Hour/Week Schedule .................................................................................................................. 4
8.02.01 Work Week ............................................................................................................................ 4
8.02.02 Schedule ................................................................................................................................. 4
8.03 Job Assignment ................................................................................................................................ 5
8.03.01 Fire Prevention Assignment ................................................................................................... 5
8.03.02 Marine Rescue Captain Assignment ...................................................................................... 5
8.04 Staffing ............................................................................................................................................ 5
8.05 Shift and Station Bidding ................................................................................................................ 5
8.06 Vacancy Bidding ............................................................................................................................. 5
13.5 8.08 Marine Safety Officer Shift Differential .......................................................................................... 5 SECTION 9.00 - PERSONNEL ACTION ....................................................................................................... 6
9.01 Performance Evaluations ................................................................................................................. 6
9.02 Probation .......................................................................................................................................... 6
9.02.01 Probationary Period ............................................................................................................... 6
9.02.02 Objective of Probationary Period ........................................................................................... 6
9.02.03 Rejection of Probationary Employee ..................................................................................... 7
9.02.04 Extension of Probation ........................................................................................................... 7
9.03 Personnel Files ................................................................................................................................. 7 SECTION 10.00 - PAY RATES AND PRACTICES ....................................................................................... 7
10.01 Salary Steps ................................................................................................................................. 7
10.01.01 Salary Rates Upon Appointment ....................................................................................... 7
10.01.02 Advancement Within the Range ........................................................................................ 7
10.02 Salary ........................................................................................................................................... 8
10.03 P.E.R.S. ....................................................................................................................................... 9
10.03.01 Employees Hired on or Before September 2, 2011 (Tier I) ............................................... 9
10.03.02 Employees Hired On or After September 3, 2011 (Tier II) ............................................... 9
10.03.03 Employees Hired On or After January 1, 2013 (Tier III) ................................................ 10
10.03.04 Retirement, All Employees .............................................................................................. 10
10.03.05 Sick Leave Conversion .................................................................................................... 11
10.04 Overtime .................................................................................................................................... 11
10.04.01 56-Hour Work Week ....................................................................................................... 11
10.04.02 40-Hour Work Week ....................................................................................................... 12
10.05 Marine Safety Officer CalPERS ................................................................................................ 12
10.06 Call Back ................................................................................................................................... 12
10.06.01 Marine Safety Officer Call-Back ..................................................................................... 12
10.06.01.01 Callback by Phone or Computer ................................................................................. 12
10.06.01.02 Callback to Worksite .................................................................................................. 13
10.07 Holidays .................................................................................................................................... 13
10.07.01 56-Hour per Week Employees ........................................................................................ 13
10.07.02 40-Hour per Week Employees ........................................................................................ 14
10.07.03 Marine Safety Officer Holidays ...................................... Error! Bookmark not defined.
10.07.03.01 Fixed Holidays ............................................................................................................ 14
13.6 10.08 Working Out of Classification .................................................................................................. 15
10.09 Special Project Pay .................................................................................................................... 15
10.10 Special Detail ............................................................................................................................ 16
10.11 Bilingual Pay ............................................................................................................................. 16
10.12 Education Incentive ................................................................................................................... 16
10.13 Longevity .................................................................................................................................. 17
10.14 Paramedic Program ................................................................................................................... 18
10.15 Emergency Medical Technician ................................................................................................ 18
10.16 Paramedic Premium Pay for Marine Safety Administrative Captain ........................................ 18
10.17 Rescue Swimmer Assignment and Compensation .................................................................... 18
10.18 Haz-Mat Technician Assignment and Compensation ............................................................... 19
10.19 On-Call Fire Investigator Assignment and Compensation ........................................................ 19 SECTION 11.00 - SICK LEAVE ................................................................................................................... 19
11.01 Definition .................................................................................................................................. 19
11.02 Accrual ...................................................................................................................................... 19
11.02.01 24-Hour Shift Personnel .................................................................................................. 19
11.02.02 40-Hour per Week Personnel .......................................................................................... 20
11.02.03 Paid Status ....................................................................................................................... 20
11.03 Limitations ................................................................................................................................ 20
11.04 Sick Leave Incentive ................................................................................................................. 20
11.04.01 56-Hour per Week Employees ........................................................................................ 20
11.04.02 40-Hour per Week Employees ........................................................................................ 21 SECTION 12.00 - VACATION ...................................................................................................................... 21
12.01 Accrual ...................................................................................................................................... 21
12.01.01 40-hour/week schedules .................................................................................................. 21
12.01.02 56-hours/week schedules ................................................................................................. 21
12.02 Illness During Vacation ............................................................................................................. 22
12.03 Union Leave Bank ..................................................................................................................... 22 SECTION 13.00 - BEREAVEMENT LEAVE ............................................................................................... 23
13.01 Marine Safety Officer Bereavement Leave .............................................................................. 24 SECTION 14.00 - LEAVES OF ABSENCE .................................................................................................. 24
14.01 Unpaid Leaves of Absence ........................................................................................................ 24
14.01.01 Medical or Personal Leave .............................................................................................. 24
13.7 14.01.02 Pregnancy Disability Leave ............................................................................................. 25
14.01.03 Family Leave ................................................................................................................... 25
14.01.04 Continuation of Insurance Benefits During Unpaid Leaves of Absence ......................... 27
14.02 Paid Leaves of Absence ............................................................................................................ 27
14.02.01 Paid Birth/Adoptive Leave .............................................................................................. 27
14.02.02 Military Leave ................................................................................................................. 28 SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY ................................................ 28
15.01 Uniforms ................................................................................................................................... 28
15.02 Linens ........................................................................................................................................ 28
15.03 Personal Property ...................................................................................................................... 28 SECTION 16.00 - MISCELLANEOUS PROVISIONS ................................................................................. 29
16.01 Additional Duties ...................................................................................................................... 29
16.02 Miscellaneous Employment ...................................................................................................... 29
16.03 Promotions ................................................................................................................................ 29
16.04 Layoff Policy & Procedure........................................................................................................ 29
16.04.01 Layoffs ............................................................................................................................. 29
16.04.02 Bumping .......................................................................................................................... 30
16.04.03 Notification ...................................................................................................................... 30
16.04.04 Reinstatement .................................................................................................................. 30
16.05 Consolidation Merger ................................................................................................................ 30
16.06 Tuition Reimbursement ............................................................................................................. 30
16.07 Captain/Engineer Promotional Exam ........................................................................................ 30 SECTION 17.00 - BENEFITS ........................................................................................................................ 31
17.01 Medical Plan/Flexible Benefits ................................................................................................. 31
17.01.01 Medical Waiver Benefit ................................................................................................... 31
17.01.02 Optional Benefits ............................................................................................................. 31
17.02 Dental Plan ................................................................................................................................ 32
17.03 Vision Insurance ........................................................................................................................ 32
17.04 Retired Health Program ............................................................................................................. 32
17.04.01 Retiree Medical/CalPERS Medical Plan ......................................................................... 32
17.04.02 Retiree Medical Incentive ................................................................................................ 33
17.04.03 Disability Retirement before Eligible Age for Service Retirement ................................. 33
17.05 Life Insurance ............................................................................................................................ 34
13.8 17.06 Long-Term Disability ................................................................................................................ 34
17.07 Principal Domestic Partners ...................................................................................................... 34
17.08 Retiree Medical Trust ................................................................................................................ 34 SECTION 18.00 - GRIEVANCE PROCEDURE ........................................................................................... 35
18.01 Purpose ...................................................................................................................................... 35
18.02 Definitions ................................................................................................................................. 36
18.03 Limitations ................................................................................................................................ 36
18.04 Consolidation ............................................................................................................................ 36
18.05 Procedures ................................................................................................................................. 36
18.05.01 Step I ................................................................................................................................ 36
18.05.02 Step II .............................................................................................................................. 36
18.05.03 Step III ............................................................................................................................. 37
18.05.04 Step IV ............................................................................................................................ 37 SECTION 19.00 - DISCIPLINARY APPEALS PROCEDURE .................................................................... 38
19.01 Definition .................................................................................................................................. 38
19.02 Pre-Action Procedure ................................................................................................................ 38
19.02.01 Step I ................................................................................................................................ 38
19.02.02 Step II .............................................................................................................................. 39
19.03 Post-Action Appeal ................................................................................................................... 39
19.03.01 Step III ............................................................................................................................. 39
19.03.02 Step IV ............................................................................................................................. 39
19.04 Firefighters Procedural Bill of Rights Act ................................................................................ 40 SECTION 20.00 - WRITTEN REPRIMANDS .............................................................................................. 40 SECTION 21.00 - SEVERABILITY .............................................................................................................. 40 SECTION 22.00 - RENEGOTIATIONS ........................................................................................................ 41 EXHIBIT A: Statement of Equal Employment Opportunity and Non-Discrimination Policy EXHIBIT B: Discrimination/Harassment Policy Implementation and Complaint Procedure EXHIBIT C: Section 7k Work Periods and Maximum Non-Overtime Hours
13.9 EXHIBIT D: Santa Cruz Fire Department Policy & Procedures Manual Section 4-13 Vacation Selection Process for Shift Personnel (September 21, 2015) EXHIBIT E: Salary Schedule
EXHIBIT F: Respectful Workplace Conduct Policy
EXHIBIT G: California Firefighters Benefit Trust Joinder Agreement for Association
13.10 1
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 27, 2022 – June 30, 2028
SECTION 1.00 - TERM
The term of this Memorandum of Understanding (Memorandum) shall commence September 27, 2025 and expire on June 30, 2028.
SECTION 2.00 - PREAMBLE
This Memorandum is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the Santa Cruz Firefighters, I.A.F.F. Local 1716 (hereinafter referred to as the Union). For the purpose of this Memorandum, employee shall mean a regular, full-time Firefighter, Fire Engineer, Fire Captain, Deputy Fire Marshal, or Fire Prevention Inspector(s) and Marine Safety Officer(s). This Memorandum is subject to Sections 3500-3510 of the Government Code of the State of California, the City of Santa Cruz Charter and Municipal Code, and the Santa Cruz Personnel Rules and Regulations.
SECTION 3.00 - NO ABROGATION OF RIGHTS
The parties acknowledge that the City’s responsibilities and rights as indicated in a) Article XI of the Charter, b) current Article 1, Section 1, (Appendix A) of the City’s Personnel Rules and Regulations, and c) all applicable State or Municipal laws are neither abrogated nor made subject to the meet and confer process by approval of the terms of this Memorandum. The parties further acknowledge the rights of employees are neither abrogated nor diminished by the adoption of this Memorandum.
SECTION 4.00 - UNION/MANAGEMENT RELATIONS
A. The Union and management recognize their obligation to provide services of the highest quality and efficiency. To this end, the City and the Union affirm their joint responsibility to endeavor to promote harmonious labor/management relations.
B. The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use safeguards, devices and practices, reasonably adequate to render employment safe. The Union agrees to assist the City by working in concert with management to encourage employees to work safely.
4.01 ASSOCIATION USE OF CITY E-MAIL SYSTEM
The Union may be permitted to use City e-mail for the following purposes:
o Notice of Union meetings and agendas
o Notice of Union sponsored events
o Notice of Union elections
o Reports from Union committees
13.11 2
o Rulings and discussion of Union policies
o Union newsletters
o Other official Union business as may be necessary and which conforms to the guidelines outlined below.
No notice or announcement which contains defamatory statements about the City, including any City department, any City official, or any City employee(s) shall be transmitted by City email. The City reserves the right to refuse to allow notices to be sent through the City’s e-mail system that interfere with the Department’s operational needs, workflow, or mission.
Any violation of this section shall entitle the City to cancel its provisions and revoke the Union’s privilege to use the City’s e-mail system pursuant to this section.
The parties agree to discuss any conflicts that may arise.
SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP
5.01 RECOGNITION
Pursuant to the Meyer-Milias-Brown Act and the City’s Personnel Rules and Regulations, the Union is certified as the recognized employee organization representing regular, full-time Firefighters, Fire Engineers, Fire Captains, Deputy Fire Marshal, and Fire Prevention Inspector(s), and Marine Safety Officer(s).
5.02 PAYROLL DEDUCTION
5.02.01 PAYROLL DEDUCTIONS
The City shall deduct Union membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the monthly pay of each member employee. The Union will provide the City with information regarding the amount of dues deductions and the list of Union member employees who have affirmatively consented to or authorized dues deductions.
The City shall remit the deducted dues and any other mutually agreed payroll deduction, to the extent permitted by law, to the Union as soon as possible after the deduction.
The City agrees to direct each member employee to the Union with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law.
The Union is responsible for providing the City with timely information regarding changes to member employees’ dues and any other lawful union-related payroll deduction.
5.02.02 UNION’S CERTIFICATION
The City shall make payroll deductions in reliance on the Union’s certification certifying that the
13.12 3
Union has and will maintain an authorization, signed by each member employee who affirmatively consents to pay Union membership dues. Similarly, The City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by the Union.
The City shall not request the Union to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization.
5.03 INDEMNIFICATION
The Union shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under Section 5.02, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Union’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Union.
In the event any such action or proceeding is brought against the City by reason of any such claim, the Union, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Union agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Union’s actions or inactions under Section 5.02.
5.04 UNION NOTIFICATION
Except in cases of bona fide emergencies, the Union shall be given seven (7) working days advance written notification of any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, or management, and shall be given the opportunity to meet and confer with the City representative prior to its adoption.
SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER This agreement, plus any written departmental rules or regulations sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.
13.13 4
It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as defined by the Meyers-Milias-Brown Act, as amended, not covered herein without first having met and conferred with the Union. For purposes of this Agreement, emergency means any sudden and unforeseeable incident or occurrence. Changes implemented pursuant to this paragraph shall only be in effect for the duration of the emergency causing the change.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved by the City and ratified by the membership of the Union.
The waiver of any breach of any term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
SECTION 7.00 - NO DISCRIMINATION
The City and the Union agree to adhere to the City Council policies pertaining to equal employment opportunity and discriminatory harassment as listed in Exhibits A & B, as well as applicable Federal and State discrimination laws.
SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS
8.01 56 HOUR/WEEK SCHEDULE
8.01.01 WORK WEEK
The work week shall average 56 hours.
8.01.02 SHIFTS
On-duty shifts shall commence at the hour of 7:00 a.m. and shall be completed at 7:00 a.m. the following day.
8.01.03 TIME RELEASED
Employees shall not be released from duty at the end of a shift until the employee is relieved by a shift-employee replacing the position then held by such employee unless otherwise directed by management personnel.
8.02 40 HOUR/WEEK SCHEDULE
8.02.01 WORK WEEK
The work week for employees assigned to a 40-hour/week schedule shall typically consist of five consecutive days totaling 40 hours. An alternate work schedule (such as a 4-10 plan) may be assigned by the Fire Chief.
8.02.02 SCHEDULE
13.14 5
The Fire Chief shall assign starting and quitting times to these employees to meet operational needs. Affected employees will be notified five (5) working days in advance of changes in work schedules. This shall not preclude the City from effecting schedule changes due to operational needs, overtime or emergency work.
8.03 JOB ASSIGNMENT
8.03.01 FIRE PREVENTION ASSIGNMENT
An employee may be temporarily assigned from a fire suppression position to a fire prevention position. Such a temporary assignment may be no longer than six (6) months in duration and an assignment may not occur more than once in a two (2) year period.
Assignment duration may exceed a six (6) month period in cases of bona fide medical/disability condition of employee or upon mutual consent.
8.03.02 MARINE RESCUE CAPTAIN ASSIGNMENT
A Captain may be temporarily assigned from a fire suppression position to the Marine Rescue Division. Captains assigned to the Marine Rescue Program will be allowed to work an alternate 40 hour per week work schedule. This assignment will not exclude this employee from overtime shift work in accordance with Fire Department policies, procedures, and practices. The Marine Rescue Captain Assignment will be in accordance with the parameters set forth in the Santa Cruz City Fire Department Shift and Station Bidding Procedure.
8.04 STAFFING
Staffing will be in accordance with Policy and Procedure Manual, Article 6, Section #6-5 Equipment Staffing.
8.05 SHIFT AND STATION BIDDING
Shift and Station bidding will be in accordance with the Department’s “Shift and Station Bidding Procedure.”
8.06 VACANCY BIDDING
Vacancy bidding will be in accordance with Policy and Procedure Manual, Article 4, Section #4-12 Vacancy Bidding.
8.07 MARINE SAFETY OFFICER LUNCH PERIOD
The Marine Safety Officer shall be entitled to and expected to take an uninterrupted, unpaid lunch period of a minimum of thirty (30) minutes at or about the mid-point of their workday.
Supervisors may occasionally approve flexible scheduling of lunch periods for individual employees. Regular schedules that do not provide the required lunch period at or about the mid-point of the workday will not be allowed.
8.08 MARINE SAFETY OFFICER SHIFT DIFFERENTIAL
The Marine Safety Officer who is required and authorized by management to work, and actually works, a regularly scheduled shift at least four hours or more of which fall between the hours of 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of ninety cents ($.90) per hour or five percent (5%), whichever is greater, for each hour worked within the shift
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differential period of 6:00 p.m. and 6:00 a.m.
Shift differential shall not apply to:
a. Paid leave hours, including vacation, sick leave, holidays, and other paid leaves provided in Section 17.01.
Hours that are worked between 6:00pm and 6:00am as a result of call-back, duty assignment, or overtime.
SECTION 9.00 - PERSONNEL ACTION
9.01 PERFORMANCE EVALUATIONS
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. All original appointments and newly hired employees will be evaluated as follows:
Regular employees will be evaluated annually on their merit review date.
Employees Hired on or after 12/1/18
First (1st) evaluation: at completion of six (6) months of regular service following completion of Academy
Second (2nd) evaluation: at completion of probation, twelve (12) months of regular service following completion of Academy
Third (3rd) evaluation: at completion of 18 months of regular service following completion of Academy.
Subsequently, a performance evaluation will be conducted twelve (12) months after the date of the third (3rd) evaluation; this date becomes the employee’s annual evaluation date.
9.02 PROBATION
9.02.01 PROBATIONARY PERIOD
A. All original appointments (newly hired Firefighters) shall be subject to a probationary period that begins on the first day of regular City employment and ends twelve (12) months after the successful completion of the Fire Academy. All Fire Inspectors and Marine Safety Officers shall be subject to a twelve (12) month probationary period that begins on the first day of regular City employment.
B. All promotional and re-hire appointments shall be subject to a probationary period of twelve (12) months from the date of promotion or the date of re-hire.
Any time spent by a probationary employee on unpaid status shall not be counted as qualifying service toward completion of the probationary period.
9.02.02 OBJECTIVE OF PROBATIONARY PERIOD
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The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee’s performance.
9.02.03 REJECTION OF PROBATIONARY EMPLOYEE
During the probation period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing. Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.
9.02.04 EXTENSION OF PROBATION
All efforts will be made to sufficiently evaluate the probationary employee during the assigned period, which includes time spent in the Fire Academy. An extension of the probationary period may, however, be recommended by the appointing authority when good cause exists. Such extensions shall be for a specific period of time not to exceed three (3) months.
9.03 PERSONNEL FILES
There shall be only one official personnel file which shall be maintained in the City’s Human Resources Department. Employees shall have the right to review their personnel files or authorize, in writing, review by their representatives. No adverse material will be placed in an employee’s personnel file without prior notice and a copy given to the employee. Employees may, within thirty (30) days of receipt of these, cause to be placed in their personnel files responses to adverse material inserted therein.
SECTION 10.00 - PAY RATES AND PRACTICES
10.01 SALARY STEPS
The classifications in the unit shall be assigned salary ranges that increase by 6% between steps.
10.01.01 SALARY RATES UPON APPOINTMENT
New employees shall be hired at the first step of the classification’s salary range; unless a higher starting step is recommended by the Fire Chief, based on the employee’s advanced qualifications for the position and such recommendation is approved by the Chief People Officer (Director of Human Resources) and City Manager.
Promoted employees shall receive a minimum six percent (6%) increase. If such increase does not result in them being placed at least at the first step of the new classification’s salary range they will be placed at the first step of the new classification’s salary range. If such increase results in them being placed within the salary range of the new classification but between existing steps, they will be placed at the next higher step in the new range.
10.01.02 ADVANCEMENT WITHIN THE RANGE
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A. Advancement within a classification’s salary range shall normally be granted on the employee’s scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation and successful completion of department required training standards.
B. Merit increase dates are aligned with evaluation dates. Newly hired Firefighters are eligible for their first merit increase at the end of their first (6) months of regular employment with the City following completion of the Academy. Newly hired Firefighters are eligible for their second merit increase after completion of 18 months of regular employment with the City following completion of the Academy.
The employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the employee is promoted or the top of the salary range is attained.
Newly hired Fire Inspectors and Marine Safety Officers are eligible for their first merit increase at the end of their first six (6) months of regular employment with the City. Newly hired Fire Inspectors and Marine Safety Officers are eligible for their second merit increase after completion of eighteen (18) months of regular employment with the City. The employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the employee is promoted or the top of the salary range is attained.
C. Merit increases shall normally be from one pay step to the next higher pay step.
Increases of greater than one (1) step may, however, be recommended by the Fire Chief when exceptional performance has been demonstrated by the employee. Such step increases must be approved by the City Manager.
D. A merit increase may be denied by the Fire Chief when an employee’s job performance falls below the acceptable work standards for the duties assigned. The Fire Chief may, in such a case, recommend that the employee’s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee’s original review date shall not change and she/he shall be eligible for the next merit increase after one (1) year on a paid status from the original review date.
E. An employee’s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status.
F. Upon receipt of satisfactory annual evaluation, the effective date for a merit increase shall be the first day of the pay period which includes the employee’s merit review date.
10.02 SALARY
Effective the pay period that begins on September 27, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by an additional three percent (3%).
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Effective the pay period that begins on July 4, 2026, the salary for all bargaining unit members shall be increased by an additional three percent (3%). Effective the pay period that begins on July 3, 2027, the salary for all bargaining unit members shall be increased by an additional three percent (3%).
10.03 P.E.R.S.
10.03.01 EMPLOYEES HIRED ON OR BEFORE SEPTEMBER 2, 2011 (TIER I) This section 10.03.01 shall apply to employees hired on or before September 2, 2011, who are contributing members of CalPERS.
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.01 shall be based on the single highest year, defined by CalPERS as any consecutive one-year period with the highest average pay rate and special compensation.
B. 3.0% @ 50 Pension Formula
The 3.0% @ 50 pension formula shall be available to all employees covered by this section 10.03.01 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.01.
C. Required Employee Contribution
Members covered by this section 10.03.01 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 50 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning September 26, 2015 members covered by this section 10.03.01 will contribute an additional 3.0% (total 12.00%).
10.03.02 EMPLOYEES HIRED ON OR AFTER SEPTEMBER 3, 2011 (TIER II) This section 10.03.02 shall apply to employees hired on or after September 3, 2011 and prior to January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.02 shall be based on the employee’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 3.0% @ 55 Pension Formula
The 3.0% @ 55 pension formula shall be available to all employees covered by this
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section 10.03.02 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.02.
C. Required Employee Contribution
Members covered by this section 10.03.02 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 55 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning September 26, 2015 members covered by this section 10.03.02 will contribute an additional 3.0% (total 12.00%).
10.03.03 EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 (TIER III) This section 10.03.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.03 shall be based on the employee’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 2.7% @ 57 Pension Formula
The 2.7% @ 57 pension formula shall be available to all employees covered by this section 10.03.03 who are contributing new members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.03.
Employees covered by this section 10.03.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.
C. Required Employee Contribution
Members covered by this section 10.03.03 will contribute the employee contribution amount established by CalPERS for their 2.7% at 57 pension formula. The required contribution amount as of the date of this MOU is 12.75%.
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning July 6, 2013 members covered by this section 10.03.03 will contribute an additional 3.0% (total 15.75%).
10.03.04 RETIREMENT, ALL EMPLOYEES
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The City will maintain the IRS 414(h)(2) provision (for tax purposes only) allowing the employee to defer State and Federal income taxes on their CalPERS contributions.
10.03.05 SICK LEAVE CONVERSION
The City’s contract with CalPERS includes the service credit for unused sick leave (Section 20965).
The Parties agree that the City and Local 1716 will share the cost of will take all administrative steps necessary to of conducting an actuarial study to allow employees the choice of selecting the CalPERS service credit option for employees retiring with at least twenty years of regular service and the ability to also elect to convert a maximum of 1,500 hours of their accrued sick leave (banked and unbanked) in 100 hour increments to an additional 1% contribution by the City towards the cost of their retiree medical benefits as defined by Sections 17.04.01 (Retiree Medical Plan) and 17.04.02 (Retiree Medical Incentive) of this memorandum. For example, the maximum conversion of 1,500 hours would equal a 15% increase in the City’s contribution towards a retiree medical plan for a maximum 90% contribution. All restrictions and requirements of sections 17.04.01 and 17.04.02 apply to this sick leave incentive option including, but not limited to eligibility and plan availability.
10.04 OVERTIME
10.04.01 56-HOUR WORK WEEK
Overtime is additional time worked in excess of an employee’s regular work shift. Overtime shall be paid at one and one-half (1 1/2) times the base rate of pay.
FLSA overtime is defined as all hours required by Management and actually worked by the employee, in excess of the maximum non-overtime hours allowed in the work period. (See Exhibit C for a listing of work periods and the maximum non-overtime hours for each work period.)
FLSA overtime shall be compensated in money at one and one-half (1½) times the employee’s regular rate. The regular rate shall be as defined in the FLSA.
The City has the right to decide whether or not the Section 7 (k) exemption, as provided by the FLSA, shall apply. The City also has the right to select the work period, as defined by the FLSA.
Firefighters, Fire Engineers, Fire Captains, Fire Inspectors and Marine Safety Officers may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank at the rate of one and one-half time the hours worked. Employees’ compensatory time bank shall not exceed one-hundred-twenty (120) hours.
The use of compensatory time off shall be in accordance with Fire department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D).
Employees may receive payment for all accrued and unused compensatory time at the time of employment separation or promotion from a job classification represented by IAFF Local 1716.
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10.04.02 40-HOUR WORK WEEK
Overtime shall be defined as all management authorized hours in a paid status in excess of forty (40) hours per week, which are contiguous with the employee’s regular work schedule, excluding voluntary training. Overtime shall be computed at the rate of one a one-half (1½) times the base hourly rate or may be converted to compensatory time off at the rate of one and one-half (1½) times the hours worked.
Employees covered by the Fair Labor Standards Act shall be entitled to FLSA overtime which is defined as all hours required by management and actually worked by the employee in excess of forty (40) hours in a work period as defined by the City. FLSA overtime is compensated in pay or compensatory time off at one and one-half (1½) times the employee’s regular rate of pay. The regular rate shall be defined in the FLSA.
A forty (40) hour employee with accrued compensatory time off shall be permitted to use such time within a reasonable period after making the request unless such time off will unduly disrupt the operations of the department. Compensatory time off shall not be allowed to accumulate beyond one hundred fifty (150) hours at any given time.
Employees may receive payment for all accrued and unused compensatory time at the time of employment separation or promotion from a job classification represented by IAFF Local 1716.
10.05 MARINE SAFETY OFFICER CALPERS
The City plans for a re-opener to negotiate regarding safety retirement during the term of the MOU after an actuarial analysis from Cal-PERS is received by the City.
10.06 CALL BACK
Call back is defined as any time an employee is directed to work and actually works for a period not contiguous with their regular shift. Employees so directed shall be compensated at their applicable overtime rate of pay for a minimum of two (2) hours (see Section 10.04 to determine applicable overtime rate). Up to one-half (½) hour will be paid for travel on emergency callbacks. With the exclusion of Marine Safety Officer, who will be compensated at their applicable overtime rate of pay for a minimum of two (2) hours (see Section 10.04 to determine applicable overtime rate). No compensation will be made for travel on emergency callbacks.
Notwithstanding the foregoing, any employee called back to work by reason of a shifttrade between employees within the bargaining unit shall not receive the premium set forth herein.
10.06.01 MARINE SAFETY OFFICER CALL-BACK
Call-back work is defined as work required by management of an employee who, following completion of the employee’s work day or work week and departure from the employee’s work site, is unexpectedly ordered to report back to duty to perform necessary work.
10.06.01.01 CALLBACK BY PHONE OR COMPUTER
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If the Marine Safety Officer is able to respond by phone or computer and is not required to report to the worksite, then:
A. For the first response of the day, a minimum of thirty (30) minutes (0.5 hours) of overtime will be paid for actual overtime worked of less than thirty (30) minutes.
Thereafter, a minimum of fifteen (15) minutes (0.25 hours) of overtime will be paid for actual overtime worked of less than fifteen (15) minutes.
B. An additional minimum will not be paid if an employee is required to respond to additional call(s) and the time and duration of the response is within the previous minimum.
10.06.01.02 CALLBACK TO WORKSITE
A. All call-back hours shall be paid at the overtime rate. A minimum of two (2) hours of overtime compensation shall be paid for all call-back periods of less than two (2) hours.
B. Hours worked shall include reasonable travel time to work. Return travel time shall not be included within time worked.
C. If a Marine Safety Officer who was called back to work and has completed their assignment and left work is again called back to work, they will not receive another minimum if the time of return is within the previous call-back minimum.
D. Marine Safety Officers who are required to respond to the worksite will be provided mileage compensation, at the federal rate, for the use of their personal vehicles.
10.07 HOLIDAYS
10.07.01 56-HOUR PER WEEK EMPLOYEES
This is additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays as identified in Section 10.07.03. Employees shall accrue holiday pay up to a maximum of two-hundred and eighty-eight (288) hours per calendar year, at a rate of
11.08 hours per pay period.
Pursuant to Fire Department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D), employees may use accrued holiday leave. Alternately, holidays shall be paid at a straight time rate. If paid, a separate check shall be issued for 96 hours (less any hours used to date in the fiscal year) on the first pay date in December and again for the remaining balance of hours on the second pay date in June.
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Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed two-hundred and eighty-eight (288) hours.
10.07.02 40-HOUR PER WEEK EMPLOYEES
This is additional compensation for employees who are normally required to work on approved holiday because they work in positions that require scheduled staffing without regard to holidays as identified in Section 10.07.03. Employees shall accrue holiday pay up to a maximum of ninety-six (96) hours per calendar year, at a rate of 3.69 hours per pay period.
Pursuant to City policy, employees may use accrued holiday leave. Alternately, holidays shall be paid at the employees base hourly rate. Any accrued and unused holiday pay shall be issued on the first pay period in June and again for all accrued and unused hours on the first pay period in December.
Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed ninety-six (96) hours.
In addition, 40-hour per week employees shall accrue up to twenty-four (24) hours of floating holiday per fiscal year. Floating Holiday accrual will be on a monthly basis. Full-time employees shall accrue floating holiday at the rate of two (2) hours per month. Part-time employees shall accrue floating holiday on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive one (1) hour of floating holiday each month).
Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued floating holiday.
Accumulation of floating holidays shall not exceed twenty-four (24) hours.
10.07.03. FIXED HOLIDAYS
Employees within the unit shall have the following specific holidays with pay:
Twelve (12) 24 Hour Holidays for 56-Hour per Week Employees Twelve (12) 8 Hour Holidays for 40-Hour per Week Employees New Year’s Day
Martin Luther King’s Birthday
Cesar Chavez
Presidents’ Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
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Friday after Thanksgiving
Christmas Day
Four (4) Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve (if Christmas is on a Tuesday–Saturday)
The last four (4) hours of the work shift are Holiday hours for New Year’s Eve (if New Year’s Day is on a Tuesday–Saturday)
Except as provided for on Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.
10.08 WORKING OUT OF CLASSIFICATION
The term “working out of classification” is defined as a management-authorized assignment on a temporary basis of an employee in a lower classification to a b u d g e t e d higher classification. Pay for working “out of classification” shall be as follows:
1. Employees so assigned will receive acting pay beginning the first day or shift of the assignment.
2. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain shall be made for a minimum of six hours.
3. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain, shall at a minimum, be paid a rate equal to a formal promotional assignment or 6% above the base rate.
In accordance with the Public Employees’ Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).
10.09 SPECIAL PROJECT PAY
A special project is a specific and unique assignment which exceeds the normally assigned duties and responsibilities of the employee’s job classification. Special projects typically require specialized knowledge, skills, education, training, abilities and/or responsibilities outside the scope of those normally required of the respective job classification.
Special projects may be employee initiated, or developed by the department. When appropriate, the department will post available special project assignments. All qualified employees may request an available special project. The Fire Chief or their designee shall select the most qualified and/or appropriate candidate from amongst those requesting the assignment.
Employees proposing a particular special project may be given preferential consideration during the selection process for that respective special project.
The Fire Chief may assign up to ten (10) employees to special projects. Such assignments shall be made in writing and shall specifically state the expected outcome. The Fire Chief and the assigned employee shall discuss the project and mutually decide progress milestones and
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objectives. If mutual agreement cannot be reached, then the progress milestones and objectives shall be determined by the Fire Chief. Special projects may be terminated at the discretion of the Fire Chief.
An employee, so assigned by the Chief, shall receive 2.5% of their base pay while actually working on such project.
Special project pay does not affect, nor is it included in sick and vacation or other leaves of absence. These assignments will be included in PERS computations.
A listing of all current special projects and the respective employee(s) assigned each project, shall be maintained in the Fire Administration office. Said listing shall be made available to the Union and any employee upon request.
10.10 SPECIAL DETAIL
Special detail is defined as an assignment in which the City is reimbursed by an event’s sponsor, through the Finance Department, for fire services. Firefighters, Fire Engineers, Fire Captains, Fire Inspectors and Marine Safety Officers assigned to cover special detail will be paid a minimum of four (4) hours overtime at one and one-half (1½) times their hourly rate.
10.11 BILINGUAL PAY
The City shall provide payment of five percent (5%) of base salary when the City certifies an employee as qualified and the position requires the use of bilingual language skills with the exception of the Marine Safety Officer who will receive .30/hour. This provision does not apply to the City translator.
10.12 EDUCATION INCENTIVE
Employees will be eligible for one of the following education incentives when the listed requirements have been met for that level and a request for the incentive has been sent to the Fire Chief for review and approval:
I. Two percent (2%) of base salary (one of the following):
a. AA/AS Degree
b. Sixty (60) units of college credit and actively pursuing job related college work c. State Fire Marshal’s Company Officer Certification or Fire Officer Certification d. Successful completion of the following courses:
i. Company Officer 2a: Human Resource Management
ii. Company Officer 2b: General Administrative Functions iii. Company Officer 2c: Fire Inspections and Investigations iv. Company Officer 2d: All Risk Command Operations
v. Company Officer 2e: Wildland Incident Operations
vi. Instructor I: Instructor Methodology
vii. Instructor II: Instructor Development
viii. Instructor III: Instructor Program Management
ix. S-290: Intermediate Fire Behavior (classroom version) x. S-231: Engine Boss
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II. Four percent (4%) of base salary (one of the following):
a. BA/BS Degree
b. State Fire Marshal’s Chief Fire Officer Certification or Chief Officer Certification c. Successful completion of the following courses:
i. Chief Fire Officer 3a: Human Resource Management
ii. Chief Fire Officer 3b: Budget & Fiscal Responsibilities iii. Chief Fire Officer 3c: General Administration Functions iv. Chief Fire Officer 3d: Emergency Service Delivery Responsibilities v. ICS-300: Intermediate ICS for Expanding Incidents (classroom version) vi. S-404: Safety Officer
vii. S-330: Strike Team Leader
viii. S-234: Ignition Operations
ix. S-270: Basic Air Operations
x. L-380: Fireline Leadership
xi. L-336: Tactical Decision Making in Wildland Firefighting Course equivalencies for required courses are acceptable from recognized training organizations like, but not limited to, State Fire Marshal, CalFire, National Fire Academy, Federal Emergency Management Agency, Emergency Management Institute, US Forest Service, California Specialized Training Institute, National Wildfire Coordinating Group, and the International Association of Firefighters.
If the above listed courses are no longer offered, an equivalent course will be substituted upon mutual agreement of the Fire Chief and Local 1716 President.
10.13 LONGEVITY
Upon completion of six (6) years of continuous regular service, employees shall receive a two-and-one-half percent (2½%) longevity pay increase.
Upon completion of ten (10) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of four-and-one-half percent (4.5%).
Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of six-and-one-half percent (6.5%).
Upon completion of seventeen (17) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of eight-and-onehalf percent (8.5%).
Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of ten-and-onehalf percent (10.5%).
Upon completion of twenty-two (22) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for total of twelve-and-onehalf percent (12.5%)
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Effective July 3, 2027, longevity pay will be based on the employee’s years of service from the date of hire. Longevity pay will be part of the employee's base pay.
Upon completion of six (6) years of continuous regular service, employees shall receive a two-and-one-half percent (2.5%) longevity pay increase.
Upon completion of ten (10) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of six-and-one-half percent (6.5%).
Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of eight-and-onehalf percent (8.5%).
Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of twelve-andone-half percent (12.5%).
10.14 PARAMEDIC PROGRAM
A. Each employee who is licensed by the State of California, accredited by the County of Santa Cruz as a paramedic, and assigned to front-line or support duty shall be eligible for paramedic pay with the exception of the Marine Safety Officer.
B. Paramedic pay shall be an amount equal to 10% of top step Firefighter salary.
C. The department will make every effort to ensure continuing education will be provided on duty. However, subject to approval of the Fire Chief, continuing education may be provided off duty, compensated by approved overtime or compensatory time off.
D. Support medic pay shall be an amount equal to seven percent (7%) of base salary.
10.15 EMERGENCY MEDICAL TECHNICIAN
Each employee who is certified in the County of Santa Cruz as an Emergency Medical Technician-D, with the exception of the Marine Safety Officer, shall be compensated an additional 3% of employee’s base salary. (EMT-D pay will not be payable to those employees receiving paramedic pay.)
10.16 PARAMEDIC PREMIUM PAY FOR MARINE SAFETY ADMINISTRATIVE CAPTAIN Paramedic premium pay for the Marine Safety Administrative Fire Captain will be ten percent (10%) of the top-step pay of the firefighter position.
10.17 RESCUE SWIMMER ASSIGNMENT AND COMPENSATION
The Rescue Swimmer program will be administered in accordance with Santa Cruz Fire Department policies and procedures.
Employees designated as Rescue Swimmers, with the exception of the Marine Safety Officer,
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in accordance with departmental policies and procedures will receive an incentive equal to five percent (5%) of their base salary.
10.18 HAZ-MAT TECHNICIAN ASSIGNMENT AND COMPENSATION
Employees designated as haz-mat technicians in accordance with departmental policies and procedures, with the exception of the Marine Safety officer, will receive an incentive equal to five percent (5%) of their base salary.
10.19 ON-CALL FIRE INVESTIGATOR ASSIGNMENT AND COMPENSATION On-call Fire Investigator assignments will be made in accordance with Santa Cruz Fire Department Policy and Procedure Manual Article #2, #B2-4 (On-Call Fire Investigator Assignment).
Compensation for on-call Fire Investigator assignments is as follows:
A. For every weekday covered, a stipend equal to 1 ½ hours of “C” step Deputy Fire Marshal pay shall be provided.
B. For every weekend day covered (24 hour period) a stipend equal to 2 hours of “C” step Deputy Fire Marshal pay shall be provided.
C. For every City designated 8-hour holiday covered (24 hour period), a stipend equal to 4 hours of “C” step Deputy Fire Marshal pay shall be provided and an additional 4 hours will be credited to the employee’s accrued compensatory time balance.
D. For every City designated 4-hour holiday covered (24 hour period), a stipend equal to 2 hours of “C” step Deputy Fire Marshal pay shall be provided and an additional 2 hours will be credited to the employee’s accrued compensatory time balance.
E. When an on-call Fire Investigator is dispatched or activated, the pay rate will revert to 1 ½ the employee’s base pay rate as “emergency call back”.
SECTION 11.00 - SICK LEAVE
11.01 DEFINITION
The purpose of this section is to provide paid leave time to be used by employees in the event of a non-work related illness, injury, preventive healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, or the medical necessity of others as specified below. Sick leave shall not be construed to be a privilege, which an employee may use at their discretion, but shall be allowed only in case of necessity herein set forth.
11.02 ACCRUAL
11.02.01 24-HOUR SHIFT PERSONNEL
All 24-hour shift personnel shall accrue sick leave at the rate of 16 hours for each full month of
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continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
11.02.02 40-HOUR PER WEEK PERSONNEL
All 40-hour per week personnel shall accrue such leave at the rate of 8 hours of each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
11.02.03 PAID STATUS
An employee must be on paid status at least 50% of the working hours of a pay period to earn sick leave for that period.
11.03 LIMITATIONS
A. To receive compensation while absent on sick leave, the employee shall notify their immediate supervisor in the manner provided in the departmental rules and regulations.
B. Where absence is for more than two 24-hour shifts, the employee shall furnish proof of illness as may be required by the Fire Chief.
For 40-hour week employees, the Fire Chief may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized.
In cases of chronic absenteeism or medical work restrictions, the Director of Human Resources may have an employee examined by a City-selected physician. The City shall pay the cost of any such medical exam.
C. Up to 72 hours for 24-hour shift personnel and 48 hours for 40-hour week personnel of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for an immediate family member who is ill or injured, or for preventive care, care of an existing health condition, or if they are a victim of domestic violence, sexual assault or stalking. Immediate family is defined as parent, spouse, child, father, mother, brother, sister, registered principal domestic partner, step-father, step-mother, grandparent, grandchild, or close relation residing in the employee’s household. This seventy-two (72) or forty-eight (48) hour limitation may be extended by the City Manager with good cause.
11.04 SICK LEAVE INCENTIVE
11.04.01 56-HOUR PER WEEK EMPLOYEES
56-hour per week employees who have accumulated sick leave above 900 hours as of December of each calendar year, will be able to choose among the following options:
1. To receive a cash pay-off of all hours in excess of 900 at the rate of 33% of their current rate of pay.
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2. To “bank” all hours in excess of 900. Banked hours may not later be converted to cash, and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option.
11.04.02 40-HOUR PER WEEK EMPLOYEES
40-hour per week employees who, as of December 31 of each year, have accumulated more than 400 hours of sick leave will be asked to choose among the following options:
1. To receive a cash pay-off of all hours in excess of 400 at the rate of 33% of their current rate of pay.
2. To “bank” all hours in excess of 400. Banked hours may not later be converted to cash and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option.
Employees who have an excess of 400 hours of unbanked sick leave at the time of separation from the City will be paid-off for these excess hours at the rate of 33% of the employee’s current rate of pay.
SECTION 12.00 - VACATION
Vacation accrual will be on a monthly basis beginning at date of hire. Accumulated vacation time may not exceed twice the annual rate of accrual unless prior written authorization for a specified amount is received from the City Manager or Director of Human Resources. Upon authorization by a Battalion Chief, a probationary employee may use accrued vacation leave.
The Vacation Selection Process for Shift Personnel will follow Article #4-13, revised September 21, 2015, of the Santa Cruz Fire Department Policy and Procedure Manual (see attached Exhibit D).
12.01 ACCRUAL
An employee must be in paid status at least 50% of the working hours of a pay period to earn vacation for that period. Annual vacation accrual shall be based on continuous regular service, as follows:
12.01.01 40-HOUR/WEEK SCHEDULES
Up to 5 years (inclusive): 80 hours for each year of continuous regular service 6 to 10 years (inclusive): 120 hours for each year of continuous regular service 11 or more years: 120 hours for each year of continuous regular service, plus 8 hours for each additional year of continuous regular service after ten (10) years to a maximum of 160 hours per year.
12.01.02 56-HOURS/WEEK SCHEDULES
Up to 5 years (inclusive): 12 hours for each month of continuous regular service 6 to 10 years (inclusive): 18 hours for each month of continuous regular service 11 or more years: 18 hours for each month of continuous regular service, plus one hour for each additional year of continuous regular service after ten (10) years to a maximum of twenty-four (24) hours per month.
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12.02 ILLNESS DURING VACATION
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect, shall have the period of illness charged against sick leave and not vacation leave.
12.03 UNION LEAVE BANK
1. Transfer of Accrued Vacation to Union Leave Bank
In the first full pay period of January of each year, each active bargaining unit employee will contribute to the Union Leave Bank by donating six (6) hours of their accrued vacation leave (four (4) hours for forty (40) hour per week employees).
The contribution will be deducted from each employee’s accrued vacation leave, and the total dollar value of those hours, using the employee’s actual hourly rate, will be credited to the Union Leave Bank.
Unless an employee has at least six (6) vacation hours available (four (4) hours for forty (40) hour per week employees), no deduction will occur nor will a deduction occur at any time prior to the next calendar year leave bank transfer. In addition, employees hired during the year will have no deduction until the following calendar year’s leave bank transfer. Employees separating employment during the year will receive no credit for or return of the hours contributed to the Union Leave Bank.
The number of hours deducted from each employee’s accrued vacation leave may be adjusted from year to year as necessary with written notification from the Union to the City.
2. Carry Over of U nused F unds
If there are any unused amounts in the Fire Union Leave Bank at the end of the fiscal year, these amounts will carry over to the following year.
3. Usage of the Union Leave Bank
When a bargaining unit employee has received the appropriate approval to be absent from their scheduled shift(s) to attend conferences related to a union-related function, payment of the employee(s) wages covering for the shift(s) will be made from the Union Leave Bank. The employee will be paid at an FLSA adjusted overtime rate. No ‘acting pay’ will be added to the union coverage overtime rate. There will be no compensatory time bank established for this purpose.
Coverage time will be paid time. The employee absent from work on union business shall receive pay for their regularly scheduled shifts.
4. Authorization for use of the Union Leave Bank
An employee seeking to be absent from work pursuant to this section must receive written approval from a union officer and present the request seven (7) days in advance to the Deputy Chief who shall confirm that there are sufficient funds in the Union Leave Bank to cover the absence. Approval for use of the leave will be denied if there are insufficient funds in the Leave Bank to pay for the coverage of shifts during the proposed absence.
5. Shift Coverage
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The Battalion Chief shall ensure a replacement is secured to cover the shifts resulting from an approved Union Leave absence, pursuant to the current practice for obtaining shift replacements. In the event Union Leave is sought at a time when there are inadequate funds in the leave bank to cover the leave, employees may seek a shift-trade in accordance with current policy and practice, or the Union may deposit an amount sufficient to cover the inadequacy into the Leave Bank account.
6. Time Card Coding
Employees absent on Union Leave and employees covering for employees absent on Union Leave shall code their time cards accordingly. The employee absent from work shall code their time card using a pay code edit, 166 – Union Business and number of duration hours. He/she must delete the pre-populated schedule for the expected duration of the union business. The employees covering for employees absent on union leave shall transfer their time to a “021 - Overtime Union Coverage” work rule.
7. Quarterly Reports
The Fire Department shall provide a report to the Union on a quarterly basis indicating the amounts used during the calendar year as well as the remaining balance of the Union Leave Bank.
8. Disclaimer of Liability
The City assumes no responsibility for how the leave time is used. Time spent on Union Leave is not considered time worked for purposes of worker’s compensation.
9. Overtime
Time spent on Union Leave is not counted as time worked for purposes of calculating overtime. Time spent by employees covering for those on Union Leave is counted as time worked for purposes of overtime.
10. No Waiver of Rights
Nothing in this section shall supersede the Fire Chief’s duty to maintain management control over shifts to ensure that the daily operation of the Fire Department and emergency situations are adequately covered.
SECTION 13.00 - BEREAVEMENT LEAVE
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee’s ability to continue daily work performance.
Employees who have been employed for at least thirty (30) days are entitled to bereavement leave in the event of the death of an employee’s spouse, domestic partner, child (including stepchild & foster care child), parent, grandparent, grandchild, sibling, aunt, uncle, first cousin, and the spouse/domestic partner’s child, parent, grandparent, grandchild, brother, sister, sibling or a close relation residing in the employee’s household.
In rare cases when the employee and the deceased have no legal relationship other than a
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foster or step-parent the Human Resources Director or their designee has the discretion to approve that leave upon application.
56-Hour Work Week Employees
56-hour employees shall receive up to forty-eight (48) hours of paid bereavement leave per incident. 40-Hour Work Week Employees
40-hour employees shall receive up to forty (40) hours of paid bereavement leave per incident. 56-Hour and 40-Hour Employees
The use of paid bereavement leave shall not be charged against any of the employees leave banks. If the employee wishes to take additional days off in addition to the paid bereavement leave provided, as outlined above, to attend to the loss of a family member, the employee may take unpaid leave or use vacation, sick leave or compensatory time off that is otherwise available to the employee.
Days of bereavement leave used need not be consecutive but must be completed within ninety (90) days of the date of the death of the employee’s family member.
As soon as practicable, an employee who needs to use bereavement leave shall notify the Human Resources Director or their designee in the format defined by the Human Resources Department, such as electronic transmittal.
The HR Director or their designee may, within thirty days of the first day of the leave, require that an employee provide documentation of the death of the family member. Documentation includes but is not limited to a death certificate, a published obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
13.01 MARINE SAFETY OFFICER BEREAVEMENT LEAVE
A leave of absence with pay of up to forty (40) hours per incident may be granted a Marine Safety Officer by the department head in the event of a death in the employee’s family which shall, for the purpose of this article, include spouse, parent, child, grandparent,sibling, parentin-law, registered principal domestic partner, grandchild of the employee or spouse, siblingin-law, child-in-law, grandparent-in-law, or a close relation residing in the employee’s household. In rare cases when the individual has no other legal relationship other than a foster or step parent, the HR Director or City Manager has the discretion to approve that leave upon application.
An additional forty (40) hours of leave chargeable to accrued sick leave, may be taken by an employee who needs additional time off in connection with a death in the family (as defined in this article).
SECTION 14.00 - LEAVES OF ABSENCE
14.01 UNPAID LEAVES OF ABSENCE
14.01.01 MEDICAL OR PERSONAL LEAVE
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A leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency or other situation where such absence would not be contrary to the best interests of the City. Approval of all such leaves of absence is at the sole discretion of management. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves. The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager and may not exceed a total of twelve months. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave. Employees on Military Leave pursuant to Section 14.02.02 are not subject to the leave depletion requirement.
14.01.02 PREGNANCY DISABILITY LEAVE
An employee may take a leave of absence up to four (4) months in length for the purpose of pregnancy disability leave. The City may request a licensed medical practitioner’s opinion regarding any work restrictions that may exist prior to or after delivery.
Requests for pregnancy disability leave must be made in writing to the Fire Chief at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible, barring any unforeseen medical issues related to the pregnancy or earlier or later birth than expected. Any requests for extension of pregnancy disability leave must be made in writing to the Fire Chief at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to use any appropriate paid leave either before or after an approved pregnancy disability leave, within the use limitations of those leave provisions Any additional post-partum leave, may be approved by the Human Resources Director or their designee after consideration of the nature of the request and the operational needs of the department.
Upon conclusion of an approved Pregnancy Disability Leave, the employee shall be reinstated to the “same” position held prior to the leave, or to a “comparable” position with equivalent pay benefits, and duties, in accordance with State and Federal laws.
14.01.03 FAMILY LEAVE
In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks, (continuous or cumulative). Effective January 1, 2016, the City will begin using a “rolling” twelve (12) month period measured backward to establish the 12-month period. Family leave may be taken for any one or more of the following reasons:
A. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of a domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee). In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or
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placement for adoption or foster care of the employees’ child or child of the employee’s domestic partner.
B. In order to care for a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling of the employee who has a serious health condition.
C. The employee's own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.
D. Military family leave, which includes:
1. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending post-deployment reintegration briefings.
2. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.
a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.
Conditions covering the leave shall include the following:
A. Eligible employee means having been employed by the City for twelve (12) months and has worked for at least 1,250 hours during the twelve-month period immediately preceding the commencement of the leave.
B. Medical verification is required for employee or ill family member for medical leave period.
C. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.
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D. Employees are required to use accrued vacation as a part of the family leave period.
Use of sick leave is not required, but may be used pursuant to the applicable provisions of the Memorandum of Understanding.
E. Pregnancy disability is not covered under this section and is covered by the California Fair Employment and Housing Act which allows up to four (4) months of leave depending on the actual disability (see Section 14.01.02).
F. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purpose of longevity, and/or seniority. Upon return to work, employee will be reinstated to an equivalent position (same classification) with equivalent pay and benefits.
G. Any request for additional leave may be made pursuant to Section 14.01. Requests for leave time using multiple time off provisions may not exceed the total amount allowed pursuant to Section 14.01.
H. Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
I. Any other conditions or interpretations of the leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.
14.01.04 CONTINUATION OF INSURANCE BENEFITS DURING UNPAID LEAVES OF ABSENCE City-sponsored insurance benefits may be continued during unpaid leaves of absence under the following conditions:
A. Personal Leave
The City shall continue to pay benefit premiums during a personal leave of less than thirty (30) calendar days. For leaves of more than thirty (30) calendar days, employees may continue premium payments at their own cost, in accordance with appropriate PERS medical plan provisions.
B. Medical Leave
The City shall continue to pay benefit premiums during the entire length of a medical leave of absence.
C. Family Leave
Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
14.02 PAID LEAVES OF ABSENCE
14.02.01 PAID BIRTH/ADOPTIVE LEAVE
An employee is entitled to forty-eight (48) hours leave with pay at or about the time of the birth of the employee’s child or at the time of adopting a child. The paid leave shall be within
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two (2) months of the birth or adoption. This leave will be considered a part of the time allotted to family leave as authorized in Section 14.01.03.
14.02.02 MILITARY LEAVE
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) days per year of paid leave for any active duty scheduled during the employee’s regular work hours (or 10 shifts per year for 24 hour personnel). The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty.
All other military leaves shall be granted pursuant to relevant state and federal statutes.
Employees who exhaust the paid leave benefits described above may take unpaid leave pursuant to Section 14.01.01and are not required to use vacation or other similar leave.
SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY
15.01 UNIFORMS
A. The City and Union agree unit employees will comply with departmental standards with regard to appearance and cleanliness. To this end, the City agrees to pay the cost of cleaning department authorized uniforms. For this purpose, the City will establish an account at a dry cleaning establishment located within the city of Santa Cruz. For its part, the Union agrees its members will a) deliver and retrieve uniforms from the dry cleaning establishment, and b) do so during non-working hours. However, under exceptional circumstances, subject to the approval of the Fire Chief or their representative, uniforms may be delivered or retrieved during working hours.
The City and Union believe it is counterproductive at this time to establish minimum or maximum number of cleanings authorized by this section. It is understood, however, the Fire Chief and/or Union will monitor this program and advise the other party if any problems materialize.
B. The City agrees to replace uniforms on an as-needed basis, as determined by the Fire Chief. It shall be the responsibility of each unit employee to arrange for purchasing, fitting, pick up, delivery, return, repair and control of uniform items.
C. The parties agree that, for PERS reporting purposes, the value of the cleaning service is four hundred and sixty-eight dollars ($468.00) per year. Employees shall pay the employee PERS cost of the value of cleaning service. Such payment shall be made through a payroll deduction out of their paycheck each pay period. The amount of the deduction shall be determined by multiplying the employee’s PERS contribution rate by eighteen dollars ($18.00).
15.02 LINENS
The City agrees to provide clean sheets, pillow cases, and towels for use by unit employees every two shifts. The City agrees to retain a linen service to clean the aforementioned items.
15.03 PERSONAL PROPERTY
Employees will be reimbursed for the loss, repair or replacement of personal property
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damaged in the course of employment and performance of their assigned duties.
The option to repair or replace damaged items, and to determine whether replaced property will be returned to the employee, rests with the City.
The intent of this regulation is to permit reimbursement for the repair or replacement of such items as eyeglasses, hearing aids, dentures, watches or personal professional equipment if necessarily worn or carried by the employee in the course of their employment. Reimbursement shall be authorized only when the damage is caused by extraordinary circumstances, which arise out of employment, and not from normal hazards or ordinary wear and tear. This policy extends to both field and office personnel. A maximum of $75.00 per incident shall be paid for this purpose.
SECTION 16.00 - MISCELLANEOUS PROVISIONS
16.01 ADDITIONAL DUTIES
All Firefighters shall be expected to perform work as assigned by the Fire Chief or their designated representative in connection with or related to firefighting, its equipment, apparatus and attendant facilities; fire prevention duties; station housekeeping, maintenance and repair; and, such other duties which are reasonably related to the above.
16.02 MISCELLANEOUS EMPLOYMENT
No outside employment in conflict with firefighting duties or ordinances, Council resolutions or orders shall be allowed without the express permission of the Fire Chief or their designated representative. Notification of outside employment shall be made pursuant to Fire Department administrative directive.
16.03 PROMOTIONS
The City and the Union agree that it is desirable that a highly trained professional fire prevention, fire suppression and Marine Safety force should be developed and maintained. To that end, it is agreed that the Fire Chief or their designated representative shall assist personnel in the development and fulfillment of a training plan which helps them prepare for promotional positions as they become vacant.
16.04 LAYOFF POLICY & PROCEDURE
All Fire Department employees shall be subject to the layoff policy and procedure provided in this section.
16.04.01 LAYOFFS
The City reserves the right to reduce its workforce by layoff of employees for reasons of economy or changes in departmental operations. When one or more employees assigned to the same classification within a department are to be laid off, the order of layoff shall be as follows:
1. Casual, On-call
2. Temporary
3. Casual - Less-than-half-time
4. Probationary
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5. Regular
The order of layoffs shall be governed by seniority in classification from the date of hire in the classified position.
16.04.02 BUMPING
Bumping is defined as a voluntary movement of an employee to be laid off from their current classification to a previously held lower classification or reclassified position held by an employee with less seniority. Bumping privileges may be exercised within the Fire Department. An employee with sufficient seniority to bump an employee in a lower classification shall bump the least senior person in that classification.
For bumping purposes, seniority shall be defined as time in the affected classification added to time in a directly related higher classification.
16.04.03 NOTIFICATION
Employees to be laid off shall be given not less than fifteen (15) working days written notice prior to the reduction in force. An employee wishing to bump to a lower classification shall provide written notice to the City within ten (10) days of receiving their layoff notice.
16.04.04 REINSTATEMENT
Should there be a vacancy in the classification from which an employee was laid off within thirty-six (36) months, the employee shall be eligible for reinstatement. It shall be the employee’s responsibility to notify the Human Resources Department of their current address.
Every effort shall be made to notify the affected individual of any reinstatement opportunity.
Reinstatement shall be in the reverse order of layoff.
16.05 CONSOLIDATION MERGER
The City agrees that it will give advance notice and provide the opportunity for the Union to meet and confer on the impact of any consolidation/and or merger which involves unit employees.
This section shall not restrict the rights of the department to relocate units, realign districts or to alter organization objectives of the merged departments. The Union will be involved in discussions authorized by the involved agencies concerning the merger as it relates to this agreement.
16.06 TUITION REIMBURSEMENT
The City shall reimburse employees up to $350 per fiscal year for tuition and books upon successful completion of City-approved college or university courses.
To be eligible for reimbursement, employees must receive approval of the Fire Chief prior to attending classes and comply with applicable department and City regulations.
16.07 CAPTAIN/ENGINEER PROMOTIONAL EXAM
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When a promotional eligible list (as defined in the Personnel Rules and Regulations) is used to fill a Captain’s or Engineer’s position and that promotional list includes employees represented by this agreement, the Director of Human Resources shall certify the top five (5) eligibles, in alphabetical order, if there be that number, on the relevant promotional list to the Fire Chief. If there be more than one vacancy in the same class, the Director of Human Resources shall certify one additional eligible for each additional vacancy, if there be candidates available on the eligible list.
SECTION 17.00 - BENEFITS
17.01 MEDICAL PLAN/FLEXIBLE BENEFITS
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA). The City will provide a flexible benefits plan (“cafeteria plan”) to all eligible employees. If an employee elects to participate in a medical plan, the maximum monthly City contribution to the cafeteria plan is the cost of the Blue Shield Access+ HMO Plan (for the Bay Area/Sacramento region) less the following employee contribution amounts:
Employee Only: $96.00
Employee & One: $118.04
Family: $121.50
In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled. In no event will employees be credited with and receive cash back based on the plan chosen.
Each employee participating in a medical plan will make an additional $48.00 contribution per pay period towards the cost of health care benefits. This pre-tax contribution is made during pay periods where employee deductions for health care benefits are taken (24 pay periods).
17.01.01 MEDICAL WAIVER BENEFIT
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive $200 per month; part-time employees shall receive a pro-rated amount, based upon their fulltime equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pre-tax or post-tax optional benefits, or paid as a taxable cash benefit.
Employees receiving the medical waiver benefit must notify the Human Resources Department if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.
17.01.02 OPTIONAL BENEFITS
Through the cafeteria plan, employees may also enroll in the following optional benefits and
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elect to pay premiums on a pre-tax basis:
1. Medical reimbursement account (MRA)
2. Dependent care assistance plan (DCAP)
3. Cancer and Critical Illness Protection Insurance
Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:
1. Additional life insurance
2. Accident protection insurance
3. Long Term Care Insurance
17.02 DENTAL PLAN
The City shall provide a dental plan for employees and their eligible dependents at no premium cost to employees and with the following minimum benefit levels.
In-PPO Network Out-of-PPO Network (fees
charged are usually higher)
Annual Deductible $25 per person/$75 per
family per calendar year
$25 per person/$75 per
family per calendar year
Annual Benefit
Maximum
$1,500 per person $1,500 per person
Preventive 100% % of contract allowance
Basic Restoration
(Fillings, root canals)
80% % of contract allowance
Major Restoration
(crowns)
50% 50% of contract
allowance
Orthodontia 50% up to $2,000 lifetime
maximum per person, up to
age 23
50% of contract allowance,
up to $2,000 lifetime
maximum per person, up to
age 23
17.03 VISION INSURANCE
The City shall provide a vision plan for employees and their eligible dependents at no premium cost to employees and with the following minimum benefit levels.
Co-pays $15.00 (does not apply to contacts)
Exam: 100% every 12 months
Prescription Lenses 100% every 12 months
Frames 100% up to $115 plus 20% off any out-of- pocket
costs ($65 at Walmart/Costco), every 24 months
Contacts 100% (in lieu of glasses) up to $100, every
12 months
17.04 RETIRED HEALTH PROGRAM
17.04.01 RETIREE MEDICAL/CALPERS MEDICAL PLAN
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Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will continue a monthly contribution to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA), adjusted annually by CalPERS by the medical care component of the Consumer Price Index-Urban.
17.04.02 RETIREE MEDICAL INCENTIVE
In addition to the PEMHCA minimum monthly contribution that the City contributes for all employees in a CalPERS medical plan, employees currently on the City’s retiree medical plan and future covered employees who receive a retirement from CalPERS and have at least five (5) years of continued service with the City and are at least fifty (50) years of age will receive a retiree medical benefit in the amount of $112.04, per month. This benefit will continue as long as the employee continues CalPERS medical coverage through the City of Santa Cruz and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age.
Marine Safety Officers currently on the City’s retiree medical plan and future covered employees who receive a retirement from CalPERS and have at least five (5) years of continued service with the City and are at least fifty-five (55) years of age will receive a retiree medical benefit in the amount of one-hundred dollars ($100), per month. This benefit will continue as long as the employee continues CalPERS medical coverage through the City of Santa Cruz and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age.
Employees who retire with more than twenty (20) years of City service will have their medical incentive increased to 75% of the cost of the employee-only coverage of the highest CalPERS HMO plan from only among those plans available in Santa Cruz County at the time of ratification of this agreement (less the contribution listed in 17.04.01 (Retiree Medical/CalPERS Medical Plan).
17.04.03 DISABILITY RETIREMENT BEFORE ELIGIBLE AGE FOR SERVICE RETIREMENT With the exclusion of the Marine Safety Officer, upon disability retirement before attaining the minimum age to be eligible for service retirement, an employee shall be reimbursed for unused sick leave through the provision of the City’s retired health care plan for the employee only to the following limits, whichever occurs first: (1) up to the current value of the employee’s sick leave accrual; or (2) until such time as the employee obtains primary health care coverage under another plan; or (3) until the employee is eligible for Federal or State medical programs.
Once any of these limits are reached, the employee is no longer eligible for coverage under this plan.
The retiree shall notify the City in writing at such time as he/she is receiving primary coverage under another plan.
Two years after the date of retirement, if a retiree is still covered under the City’s plan, he/she must provide the City with an affidavit stating that he/she is not receiving primary coverage under another plan. If the retiree fails to provide such an affidavit, the City has the right to cancel coverage with 30 days written notice.
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To be eligible for this Retired Health Care Plan, the employee must have an accrued sick leave balance of 144 hours as of the effective date of disability retirement.
If an employee is medically declared to be totally disabled, the City shall provide the retired health plan to that employee until he/she is eligible for Federal or State medical programs, regardless of the employee’s sick leave balance.
In all cases, retired employees may purchase coverage for their dependents under this plan as long as they, themselves, remain eligible and are insured under the plan.
17.05 LIFE INSURANCE
The City shall contribute the full cost toward the City-sponsored $30,000.00 basic term life insurance program.
17.06 LONG-TERM DISABILITY
The City shall contribute 80% of the premium cost of the Union-sponsored long-term disability program, provided said program offered through California Association of Professional Firefighters Plan A, requires a sixty-day elimination period prior to receipt of benefits by employee. These contributions shall be reported as income to the employee.
The City shall continue its 80% contribution for the term of this agreement; except that it shall not be obligated to pay in excess of $16.00 per month.
17.07 PRINCIPAL DOMESTIC PARTNERS
The City will provide medical, dental, and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal Domestic Partners subject to eligibility requirements established either by CalPERS or the City and subject to tax regulations of the State of California and the Internal Revenue Service of the United States government.
17.08 RETIREE MEDICAL TRUST
The City acknowledges that the Union has entered into an agreement with the Medical Expense Reimbursement Plan of the California Firefighters Benefit Trust (hereafter, the “Trust”). The purpose of the Trust shall be to provide for retiree health expense reimbursement benefits. The Trust shall be, and remain separate and apart from any City health insurance funding program, unless changed by mutual agreement of the parties to this agreement.
A. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. The “Defined Class” of employees receiving contributions to the Trust as set forth below, consists of all members of Santa Cruz City Fire Department, Local 1716 B. EMPLOYEE CONTRIBUTION AMOUNT. The City and the Union agree that the City shall withhold a mandatory contribution of $50.00 per pay period on a pre-tax basis from the pay of every employee in the Defined Class who is a member of the bargaining unit represented by the Union and shall transmit such contributions to the
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Trust pursuant to the requirements in Section D below. No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash
C. EMPLOYER CONTRIBUTION AMOUNT. The Employer shall make a mandatory contribution of $50.00 per pay period on a pre-tax basis for every employee in the Defined Class. No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.
D. REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remitted on a “per pay period” basis in one aggregate ACH or wire transfer directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee.
The Employer hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein.
E. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust a monthly report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds.
The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.
F. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE
AMOUNTS. The City and the Union agree that the Union has the right, subject to approval of its members according to the Union’s internal rules, to prospectively modify the amount of the mandatory employee monthly contribution (Section B), or to include the mandatory transfer of employee leave where an employee is eligible to receive a monetary payout of accrued leave during the course of this Agreement, so long as the modification is mandatory for all employees covered by this Agreement.
G. LIMITATION OF LIABILITY. The City and Union agree that the Union shall hold the City harmless for the City's actions related to this section and indemnify the City against any liability the City incurs as a result of this section, including but not limited to, its agreement to allow the Union to participate in a post-retirement healthcare trust and/or the City's processing of payroll deductions as set forth in this section.
SECTION 18.00 - GRIEVANCE PROCEDURE
18.01 PURPOSE
To assure prompt and fair treatment of employee grievances related to employment. Any
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employee covered by this Memorandum of Understanding may file a grievance.
18.02 DEFINITIONS
A grievance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Understanding or, the City’s Personnel Rules and Regulations.
18.03 LIMITATIONS
A. A grievant may be represented by any representative of their choosing in preparing and presenting a grievance.
B. No reprisal shall result against any employee who presents a bona fide grievance under this procedure.
C. Time limits may be extended by written mutual agreement of the parties. Absent such agreement, grievances may be advanced to the next step if time limits are not met.
D. A grievance shall be considered settled in favor of the other party if, at any step, a decision is not rendered or appealed within the specified time limit.
E. Only upon mutual written agreement between the parties may Step I of the grievance procedure be waived.
F. Grievances may, by mutual agreement in writing, be referred back for further consideration or discussion to a prior Step, or advanced to a higher Step of the grievance procedure. If a grievance is moved either forward or backward to another Step, the time limits at that Step shall be controlling shall begin on the date the parties agree to the move.
18.04 CONSOLIDATION
Concurrent grievances alleging violation of the same provisions shall be consolidated for the purpose of this procedure as a single grievance.
18.05 PROCEDURES
18.05.01 STEP I
The grievant will first attempt to resolve the grievance through informal discussions with their immediate supervisor or other appropriate department personnel. These discussions must be initiated within ten (10) working days of when the employee knew, or reasonably should have known of the incident upon which the grievance is based. Meetings shall be scheduled in advance and the nature of the grievance stated when the appointment is made. Every attempt will be made by the parties to settle the issue at this level.
18.05.02 STEP II
If the grievance is not resolved through the informal discussions, the employee or their representative may within ten (10) workdays after the informal meeting, submit a written
13.46 37
grievance to their department head.
The written grievance must contain in clear, factual and concise language:
1. Name of the grievant.
2. A brief statement as to the date, time and place of the occurrence on which the grievance is based and the facts as the grievant see them.
3. The specific provision of the M.O.U. or Personnel Rules and Regulations which the grievant alleges has been misinterpreted, misapplied or violated.
4. Steps taken toward informal resolution.
5. The action the grievant believes will resolve the grievance.
6. The name of any representative chosen by the grievant.
7. A copy of the written grievance, signed by the grievant, shall be presented at the time of the department head conference.
The Fire Chief or their designee shall hold a conference with the grievant within ten (10) workdays following receipt of the formal grievance. He/she shall prepare a written response within five (5) working days after the conference. Copies shall go to the parties involved including the employee’s representative and the Human Resources Department.
18.05.03 STEP III
If the grievance is not resolved, the grievant may, within five (5) workdays following receipt of the Fire Chief’s or designee’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal. The grievance may also be appealed if the department head fails to respond within fifteen (15) workdays after submission of the formal grievance.
The City Manager or their representative shall set a hearing within ten (10) workdays of receiving the appeal. The grievant, their representative and other parties summoned by the City Manager or representative shall attend the hearing and present testimony or evidence concerning the grievance. The parties may bring a reasonable number of witnesses to the hearing.
The City manager or their representative shall render a written decision to all parties directly involved with fifteen (15) workdays following the hearing.
18.05.04 STEP IV
If the grievance is not resolved to the satisfaction of the employee at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided s/he so informs the City in writing within ten (10) working days following receipt of the City Manager’s decision.
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Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The Arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement, or to alter any wage rate or wage structure. The decision of the Arbitrator shall be rendered after the evidence and arguments are presented to him/her by the parties in the presence of each other and in post hearing briefs if necessary. The decision of the Arbitrator shall be final and binding upon the parties.
The Arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
The Arbitrator’s expenses, if any, shall be borne equally by the parties. Each party shall bear the cost of its own representation.
SECTION 19.00 - DISCIPLINARY APPEALS PROCEDURE
19.01 DEFINITION
For the purposes of this article, disciplinary action shall mean suspension, demotion, disciplinary reduction in salary or discharge.
The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
19.02 PRE-ACTION PROCEDURE
19.02.01 STEP I
Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based.
The employee shall have the right to respond to the charges within five (5) workdays from receipt of the notice either orally, in writing, or both, to the Fire Chief. If the Fire Chief is personally involved in the initial investigation and notice process, the City Manager or Director of Human Resources shall appoint a designee to hear the response.
The employee may request an extension of the time to respond for justifiable reasons. Failure
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to respond within the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.
19.02.02 STEP II
Following a review of a proposed disciplinary action, the Fire Chief, within five (5) workdays of receiving employee’s response, shall render a written decision and send it by registered mail or personal delivery to the employee. A copy shall also be mailed to the employee’s representative.
The employee has the right, within five (5) workdays after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.
19.03 POST-ACTION APPEAL
19.03.01 STEP III
If the employee files a timely appeal, the City Manager shall, within five (5) workdays after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than five (5) workdays from the date the appeal was received.
The hearing officer may conduct such independent investigation of the matter as he/she deems necessary to evaluate claims raised by the employee during the hearing. However, the hearing officer shall not initiate an investigation or introduce new factual findings that were not previously disclosed to the employee as part of the basis for their discipline, unless those facts were introduced by the employee during the hearing. In such cases, the hearing officer may include those facts solely to supplement the findings related to the employee’s claims.
The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) workdays following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
19.03.02 STEP IV
If the appeal is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately, thereafter, jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
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If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to him/her by the parties in the presence of each other and in post hearing briefs, if necessary.
The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
For disciplinary action which results in a suspension of three (3) days or less, the losing party shall pay for the cost of the arbitrator. For disciplinary action which results in a suspension of greater than three (3) days or demotion, reduction in salary or discharge, the arbitrator’s expenses shall be borne equally by the parties. In either case, each party shall bear the cost of its own representation.
19.04 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
During the period of this Memorandum of Understanding, the City and Union agree to adopt and comply with the Firefighter Procedural Bill of Rights Act, codified as California Government Code §§ 3250-3262, effective January 1, 2008.
SECTION 20.00 - WRITTEN REPRIMANDS
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to the Fire Chief by filing an appeal to the Fire Chief within five (5) working days of receipt of the reprimand. The Fire Chief’s decision regarding the written reprimand shall be final.
SECTION 21.00 - SEVERABILITY
This Memorandum is subject to all current and future applicable Federal and State laws, State regulations, California Constitution, and City of Santa Cruz, Charter, Resolutions, or Ordinances.
Should any of the provisions herein contained be rendered or declared invalid by reason of any State or Federal legislation or court action, such invalidations of such part or portions of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect insofar as such remaining portions are severable.
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SECTION 22.00 - RENEGOTIATIONS
If the Union desires to negotiate a successor M.O.U., then the Union shall serve upon the City during April of the final year of the M.O.U., its written request to begin negotiations as well as its written proposals modifying the M.O.U. Negotiations shall begin within thirty (30) days from the date of receipt by the City of such notice and proposals.
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SANTA CRUZ FIREFIGHTERS CITY OF SANTA CRUZ
I.A.F.F., LOCAL 1716
DATED: DATED:
Eric Azarvand Sara De Leon
Eddie Carlson Tim Davis
13.52 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ
AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 17, 2022 – September 26, 2025September 27, 2025-June 30June 30, 2028
13.53 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 2717, 20252 – JuneSeptember 3026, 20285
Contents
SECTION 1.00 - TERM ................................................................................................................................... 1 SECTION 2.00 - PREAMBLE ......................................................................................................................... 1 SECTION 3.00 - NO ABROGATION OF RIGHTS ........................................................................................ 1 SECTION 4.00 - UNION/MANAGEMENT RELATIONS............................................................................. 1
4.01 Association Use of City E-Mail System .......................................................................................... 1 SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP ....................................................................... 2
5.01 Recognition ...................................................................................................................................... 2
5.02 Payroll Deduction ............................................................................................................................ 2
5.02.01 Payroll Deductions ................................................................................................................. 2
5.02.02 Union’s Certification ............................................................................................................. 2
5.03 Indemnification ..................................................................................................................................... 3
5.04 Union Notification ........................................................................................................................... 3 SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER ................................................ 3 SECTION 7.00 - NO DISCRIMINATION ...................................................................................................... 4 SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS .......................................................................... 4
8.01 56 Hour/Week Schedule .................................................................................................................. 4
8.01.01 Work Week ............................................................................................................................ 4
8.01.02 Shifts ...................................................................................................................................... 4
8.01.03 Time Released ........................................................................................................................ 4
8.02 40 Hour/Week Schedule .................................................................................................................. 4
8.02.01 Work Week ............................................................................................................................ 4
8.02.02 Schedule ................................................................................................................................. 5
8.03 Job Assignment ................................................................................................................................ 5
8.03.01 Fire Prevention Assignment ................................................................................................... 5
8.03.02 Marine Rescue Captain Assignment ...................................................................................... 5
8.04 Staffing ............................................................................................................................................ 5
8.05 Shift and Station Bidding ................................................................................................................ 5
8.06 Vacancy Bidding ............................................................................................................................. 5
13.54 8.08 Marine Safety Officer Shift Differential .......................................................................................... 5 SECTION 9.00 - PERSONNEL ACTION ....................................................................................................... 6
9.01 Performance Evaluations ................................................................................................................. 6
9.02 Probation .......................................................................................................................................... 6
9.02.01 Probationary Period ............................................................................................................... 6
9.02.02 Objective of Probationary Period ........................................................................................... 7
9.02.03 Rejection of Probationary Employee ..................................................................................... 7
9.02.04 Extension of Probation ........................................................................................................... 7
9.03 Personnel Files ................................................................................................................................. 7 SECTION 10.00 - PAY RATES AND PRACTICES ....................................................................................... 7
10.01 Salary Steps ................................................................................................................................. 7
10.01.01 Salary Rates Upon Appointment ....................................................................................... 7
10.01.02 Advancement Within the Range ........................................................................................ 8
10.02 Salary ........................................................................................................................................... 8
10.03 P.E.R.S. ....................................................................................................................................... 9
10.03.01 Employees Hired on or Before September 2, 2011 (Tier I) ............................................... 9
10.03.02 Employees Hired On or After September 3, 2011 (Tier II) ............................................. 10
10.03.03 Employees Hired On or After January 1, 2013 (Tier III) ................................................ 10
10.03.04 Retirement, All Employees .............................................................................................. 11
10.03.05 Sick Leave Conversion .................................................................................................... 11
10.04 Overtime .................................................................................................................................... 11
10.04.01 56-Hour Work Week ....................................................................................................... 11
10.04.02 40-Hour Work Week ....................................................................................................... 12
10.05 Marine Safety Officer CalPERS ................................................................................................ 12
10.06 Call Back ................................................................................................................................... 12
10.06.01 Marine Safety Officer Call-Back ..................................................................................... 13
10.06.01.01 Callback by Phone or Computer ................................................................................. 13
10.06.01.02 Callback to Worksite .................................................................................................. 13
10.07 Holidays .................................................................................................................................... 14
10.07.01 56-Hour per Week Employees ........................................................................................ 14
10.07.02 40-Hour per Week Employees ........................................................................................ 14
10.07.03 Marine Safety Officer Holidays ...................................................................................... 15
10.07.03.01 Fixed Holidays ............................................................................................................ 15
13.55 10.08 Working Out of Classification .................................................................................................. 16
10.09 Special Project Pay .................................................................................................................... 16
10.10 Special Detail ............................................................................................................................ 17
10.11 Bilingual Pay ............................................................................................................................. 17
10.12 Education Incentive ................................................................................................................... 17
10.13 Longevity .................................................................................................................................. 18
10.14 Paramedic Program ................................................................................................................... 19
10.15 Emergency Medical Technician ................................................................................................ 19
10.16 Paramedic Premium Pay for Marine Safety Administrative Captain ........................................ 19
10.17 Rescue Swimmer Assignment and Compensation .................................................................... 19
10.18 Haz-Mat Technician Assignment and Compensation ............................................................... 19
10.19 On-Call Fire Investigator Assignment and Compensation ........................................................ 20 SECTION 11.00 - SICK LEAVE ................................................................................................................... 20
11.01 Definition .................................................................................................................................. 20
11.02 Accrual ...................................................................................................................................... 20
11.02.01 24-Hour Shift Personnel .................................................................................................. 20
11.02.02 40-Hour per Week Personnel .......................................................................................... 20
11.02.03 Paid Status ....................................................................................................................... 21
11.03 Limitations ................................................................................................................................ 21
11.04 Sick Leave Incentive ................................................................................................................. 21
11.04.01 56-Hour per Week Employees ........................................................................................ 21
11.04.02 40-Hour per Week Employees ........................................................................................ 22 SECTION 12.00 - VACATION ...................................................................................................................... 22
12.01 Accrual ...................................................................................................................................... 22
12.01.01 40-hour/week schedules .................................................................................................. 22
12.01.02 56-hours/week schedules ................................................................................................. 22
12.02 Illness During Vacation ............................................................................................................. 22
12.03 Union Leave Bank ..................................................................................................................... 23 SECTION 13.00 - BEREAVEMENT LEAVE ............................................................................................... 24
13.01 Marine Safety Officer Bereavement Leave .............................................................................. 25 SECTION 14.00 - LEAVES OF ABSENCE .................................................................................................. 26
14.01 Unpaid Leaves of Absence ........................................................................................................ 26
14.01.01 Medical or Personal Leave .............................................................................................. 26
13.56 14.01.02 Pregnancy Disability Leave ............................................................................................. 26
14.01.03 Family Leave ................................................................................................................... 26
14.01.04 Continuation of Insurance Benefits During Unpaid Leaves of Absence ......................... 28
14.02 Paid Leaves of Absence ............................................................................................................ 29
14.02.01 Paid Birth/Adoptive Leave .............................................................................................. 29
14.02.02 Military Leave ................................................................................................................. 29 SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY ................................................ 29
15.01 Uniforms ................................................................................................................................... 29
15.02 Linens ........................................................................................................................................ 30
15.03 Personal Property ...................................................................................................................... 30 SECTION 16.00 - MISCELLANEOUS PROVISIONS ................................................................................. 30
16.01 Additional Duties ...................................................................................................................... 30
16.02 Miscellaneous Employment ...................................................................................................... 30
16.03 Promotions ................................................................................................................................ 30
16.04 Layoff Policy & Procedure........................................................................................................ 31
16.04.01 Layoffs ............................................................................................................................. 31
16.04.02 Bumping .......................................................................................................................... 31
16.04.03 Notification ...................................................................................................................... 31
16.04.04 Reinstatement .................................................................................................................. 31
16.05 Consolidation Merger ................................................................................................................ 31
16.06 Tuition Reimbursement ............................................................................................................. 32
16.07 Captain/Engineer Promotional Exam ........................................................................................ 32 SECTION 17.00 - BENEFITS ........................................................................................................................ 32
17.01 Medical Plan/Flexible Benefits ................................................................................................. 32
17.01.01 Medical Waiver Benefit ................................................................................................... 33
17.01.02 Optional Benefits ............................................................................................................. 33
17.02 Dental Plan ................................................................................................................................ 33
17.03 Vision Insurance ........................................................................................................................ 34
17.04 Retired Health Program ............................................................................................................. 34
17.04.01 Retiree Medical/CalPERS Medical Plan ......................................................................... 34
17.04.02 Retiree Medical Incentive ................................................................................................ 34
17.04.03 Disability Retirement before Eligible Age for Service Retirement ................................. 35
17.05 Life Insurance ............................................................................................................................ 35
13.57 17.06 Long-Term Disability ................................................................................................................ 35
17.07 Principal Domestic Partners ...................................................................................................... 35
17.08 Retiree Medical Trust ................................................................................................................ 36 SECTION 18.00 - GRIEVANCE PROCEDURE ........................................................................................... 37
18.01 Purpose ...................................................................................................................................... 37
18.02 Definitions ................................................................................................................................. 37
18.03 Limitations ................................................................................................................................ 37
18.04 Consolidation ............................................................................................................................ 38
18.05 Procedures ................................................................................................................................. 38
18.05.01 Step I ................................................................................................................................ 38
18.05.02 Step II .............................................................................................................................. 38
18.05.03 Step III ............................................................................................................................. 39
18.05.04 Step IV ............................................................................................................................ 39 SECTION 19.00 - DISCIPLINARY APPEALS PROCEDURE .................................................................... 40
19.01 Definition .................................................................................................................................. 40
19.02 Pre-Action Procedure ................................................................................................................ 40
19.02.01 Step I ................................................................................................................................ 40
19.02.02 Step II .............................................................................................................................. 40
19.03 Post-Action Appeal ................................................................................................................... 40
19.03.01 Step III ............................................................................................................................. 40
19.03.02 Step IV ............................................................................................................................. 41
19.04 Firefighters Procedural Bill of Rights Act ................................................................................ 42 SECTION 20.00 - WRITTEN REPRIMANDS .............................................................................................. 42 SECTION 21.00 - SEVERABILITY .............................................................................................................. 42 SECTION 22.00 - RENEGOTIATIONS ........................................................................................................ 42 SECTION 1.00 - TERM ................................................................................................................................... 1 SECTION 2.00 - PREAMBLE ......................................................................................................................... 1 SECTION 3.00 - NO ABROGATION OF RIGHTS ........................................................................................ 1 SECTION 4.00 - UNION/MANAGEMENT RELATIONS............................................................................. 1
4.01 Association Use of City E-Mail System .......................................................................................... 1 SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP ....................................................................... 2
5.01 Recognition ...................................................................................................................................... 2
5.02 Payroll Deduction ............................................................................................................................ 2
13.58 5.02.01 Payroll Deductions ................................................................................................................. 2
5.02.02 Union’s Certification ............................................................................................................. 2
5.03 Indemnification ..................................................................................................................................... 3
5.04 Union Notification ........................................................................................................................... 3 SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER ................................................ 3 SECTION 7.00 - NO DISCRIMINATION ...................................................................................................... 4 SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS .......................................................................... 4
8.01 56 Hour/Week Schedule .................................................................................................................. 4
8.01.01 Work Week ............................................................................................................................ 4
8.01.02 Shifts ...................................................................................................................................... 4
8.01.03 Time Released ........................................................................................................................ 4
8.02 40 Hour/Week Schedule .................................................................................................................. 4
8.02.01 Work Week ............................................................................................................................ 4
8.02.02 Schedule ................................................................................................................................. 5
8.03 Job Assignment ................................................................................................................................ 5
8.03.01 Fire Prevention Assignment ................................................................................................... 5
8.03.02 Marine Rescue Captain Assignment ...................................................................................... 5
8.04 Staffing ............................................................................................................................................ 5
8.05 Shift and Station Bidding ................................................................................................................ 5
8.06 Vacancy Bidding ............................................................................................................................. 5
8.08 Marine Safety Officer Shift Differential .......................................................................................... 5 SECTION 9.00 - PERSONNEL ACTION ....................................................................................................... 6
9.01 Performance Evaluations ................................................................................................................. 6
9.02 Probation .......................................................................................................................................... 6
9.02.01 Probationary Period ............................................................................................................... 6
9.02.02 Objective of Probationary Period ........................................................................................... 6
9.02.03 Rejection of Probationary Employee ..................................................................................... 7
9.02.04 Extension of Probation ........................................................................................................... 7
9.03 Personnel Files ................................................................................................................................. 7 SECTION 10.00 - PAY RATES AND PRACTICES ....................................................................................... 7
10.01 Salary Steps ................................................................................................................................. 7
10.01.01 Salary Rates Upon Appointment ....................................................................................... 7
10.01.02 Advancement Within the Range ........................................................................................ 7
13.59 10.02 Salary ........................................................................................................................................... 8
10.03 P.E.R.S. ....................................................................................................................................... 9
10.03.01 Employees Hired on or Before September 2, 2011 (Tier I) ............................................... 9
10.03.02 Employees Hired On or After September 3, 2011 (Tier II) ............................................. 10
10.03.03 Employees Hired On or After January 1, 2013 (Tier III) ................................................ 10
10.03.04 Retirement, All Employees .............................................................................................. 11
10.03.05 Sick Leave Conversion .................................................................................................... 11
10.04 Overtime .................................................................................................................................... 12
10.04.01 56-Hour Work Week ....................................................................................................... 12
10.04.02 40-Hour Work Week ....................................................................................................... 12
10.05 Marine Safety Officer CalPERS ................................................................................................ 13
10.06 Call Back ................................................................................................................................... 13
10.06.01 Marine Safety Officer Call-Back ..................................................................................... 13
10.06.01.01 Callback by Phone or Computer ................................................................................. 13
10.06.01.02 Callback to Worksite .................................................................................................. 14
10.07 Holidays .................................................................................................................................... 14
10.07.01 56-Hour per Week Employees ........................................................................................ 14
10.07.02 40-Hour per Week Employees ........................................................................................ 15
10.07.03 Marine Safety Officer Holidays ...................................................................................... 16
10.07.03.01 Fixed Holidays ............................................................................................................ 16
10.08 Working Out of Classification .................................................................................................. 16
10.09 Special Project Pay .................................................................................................................... 17
10.10 Special Detail ............................................................................................................................ 17
10.11 Bilingual Pay ............................................................................................................................. 18
10.12 Education Incentive ................................................................................................................... 18
10.13 Longevity .................................................................................................................................. 19
10.14 Paramedic Program ................................................................................................................... 20
10.15 Emergency Medical Technician ................................................................................................ 20
10.16 Paramedic Premium Pay for Marine Safety Administrative Captain ........................................ 20
10.17 Rescue Swimmer Assignment and Compensation .................................................................... 20
10.18 Haz-Mat Technician Assignment and Compensation ............................................................... 20
10.19 On-Call Fire Investigator Assignment and Compensation ........................................................ 20 SECTION 11.00 - SICK LEAVE ................................................................................................................... 21
13.60 11.01 Definition .................................................................................................................................. 21
11.02 Accrual ...................................................................................................................................... 21
11.02.01 24-Hour Shift Personnel .................................................................................................. 21
11.02.02 40-Hour per Week Personnel .......................................................................................... 21
11.02.03 Paid Status ....................................................................................................................... 21
11.03 Limitations ................................................................................................................................ 22
11.04 Sick Leave Incentive ................................................................................................................. 22
11.04.01 56-Hour per Week Employees ........................................................................................ 22
11.04.02 40-Hour per Week Employees ........................................................................................ 22 SECTION 12.00 - VACATION ...................................................................................................................... 23
12.01 Accrual ...................................................................................................................................... 23
12.01.01 40-hour/week schedules .................................................................................................. 23
12.01.02 56-hours/week schedules ................................................................................................. 23
12.02 Illness During Vacation ............................................................................................................. 23
12.03 Union Leave Bank ..................................................................................................................... 23 SECTION 13.00 - BEREAVEMENT LEAVE ............................................................................................... 25
13.01 Marine Safety Officer Bereavement Leave .............................................................................. 26 SECTION 14.00 - LEAVES OF ABSENCE .................................................................................................. 26
14.01 Unpaid Leaves of Absence ........................................................................................................ 26
14.01.01 Medical or Personal Leave .............................................................................................. 26
14.01.02 Pregnancy Disability Leave ............................................................................................. 27
14.01.03 Family Leave ................................................................................................................... 27
14.01.04 Continuation of Insurance Benefits During Unpaid Leaves of Absence ......................... 29
14.02 Paid Leaves of Absence ............................................................................................................ 30
14.02.01 Paid Birth/Adoptive Leave .............................................................................................. 30
14.02.02 Military Leave ................................................................................................................. 30 SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY ................................................ 30
15.01 Uniforms ................................................................................................................................... 30
15.02 Linens ........................................................................................................................................ 31
15.03 Personal Property ...................................................................................................................... 31 SECTION 16.00 - MISCELLANEOUS PROVISIONS ................................................................................. 31
16.01 Additional Duties ...................................................................................................................... 31
16.02 Miscellaneous Employment ...................................................................................................... 31
13.61 16.03 Promotions ................................................................................................................................ 31
16.04 Layoff Policy & Procedure........................................................................................................ 32
16.04.01 Layoffs ............................................................................................................................. 32
16.04.02 Bumping .......................................................................................................................... 32
16.04.03 Notification ...................................................................................................................... 32
16.04.04 Reinstatement .................................................................................................................. 32
16.05 Consolidation Merger ................................................................................................................ 32
16.06 Tuition Reimbursement ............................................................................................................. 33
16.07 Captain/Engineer Promotional Exam ........................................................................................ 33 SECTION 17.00 - BENEFITS ........................................................................................................................ 33
17.01 Medical Plan/Flexible Benefits ................................................................................................. 33
17.01.01 Medical Waiver Benefit ................................................................................................... 33
17.01.02 Optional Benefits ............................................................................................................. 34
17.02 Dental Plan ................................................................................................................................ 34
17.03 Vision Insurance ........................................................................................................................ 35
17.04 Retired Health Program ............................................................................................................. 35
17.04.01 Retiree Medical/CalPERS Medical Plan ......................................................................... 35
17.04.02 Retiree Medical Incentive ................................................................................................ 35
17.04.03 Disability Retirement before Eligible Age for Service Retirement ................................. 35
17.05 Life Insurance ............................................................................................................................ 36
17.06 Long-Term Disability ................................................................................................................ 36
17.07 Principal Domestic Partners ...................................................................................................... 36
17.08 Retiree Medical Trust ................................................................................................................ 37 SECTION 18.00 - GRIEVANCE PROCEDURE ........................................................................................... 38
18.01 Purpose ...................................................................................................................................... 38
18.02 Definitions ................................................................................................................................. 38
18.03 Limitations ................................................................................................................................ 38
18.04 Consolidation ............................................................................................................................ 38
18.05 Procedures ................................................................................................................................. 39
18.05.01 Step I ................................................................................................................................ 39
18.05.02 Step II .............................................................................................................................. 39
18.05.03 Step III ............................................................................................................................. 39
18.05.04 Step IV ............................................................................................................................ 40
13.62 SECTION 19.00 - DISCIPLINARY APPEALS PROCEDURE .................................................................... 40
19.01 Definition .................................................................................................................................. 40
19.02 Pre-Action Procedure ................................................................................................................ 41
19.02.01 Step I ................................................................................................................................ 41
19.02.02 Step II .............................................................................................................................. 41
19.03 Post-Action Appeal ................................................................................................................... 41
19.03.01 Step III ............................................................................................................................. 41
19.03.02 Step IV ............................................................................................................................. 42
19.04 Firefighters Procedural Bill of Rights Act ................................................................................ 42 SECTION 20.00 - WRITTEN REPRIMANDS .............................................................................................. 42 SECTION 21.00 - SEVERABILITY .............................................................................................................. 43 SECTION 22.00 - RENEGOTIATIONS ........................................................................................................ 43
13.63 EXHIBIT A: Statement of Equal Employment Opportunity and Non-Discrimination Policy EXHIBIT B: Discrimination/Harassment Policy Implementation and Complaint Procedure EXHIBIT C: Section 7k Work Periods and Maximum Non-Overtime Hours EXHIBIT D: Santa Cruz Fire Department Policy & Procedures Manual Section 4-13 Vacation Selection Process for Shift Personnel (September 21, 2015) EXHIBIT E: Salary Schedule
EXHIBIT F: Respectful Workplace Conduct Policy
EXHIBIT G: California Firefighters Benefit Trust Joinder Agreement for Association
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MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 217, 2022 – September June 3026, 20285
SECTION 1.00 - TERM
The term of this Memorandum of Understanding (Memorandum) shall commence September 217, 20252 and expire on September June 3026, 20285.
SECTION 2.00 - PREAMBLE
This Memorandum is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the Santa Cruz Firefighters, I.A.F.F. Local 1716 (hereinafter referred to as the Union). For the purpose of this Memorandum, employee shall mean a regular, full-time Firefighter, Fire Engineer, Fire Captain, Deputy Fire Marshal, or Fire Prevention Inspector(s) and Marine Safety Officer(s). This Memorandum is subject to Sections 3500-3510 of the Government Code of the State of California, the City of Santa Cruz Charter and Municipal Code, and the Santa Cruz Personnel Rules and Regulations.
SECTION 3.00 - NO ABROGATION OF RIGHTS
The parties acknowledge that the City’s responsibilities and rights as indicated in a) Article XI of the Charter, b) current Article 1, Section 1, (Appendix A) of the City’s Personnel Rules and Regulations, and c) all applicable State or Municipal laws are neither abrogated nor made subject to the meet and confer process by approval of the terms of this Memorandum. The parties further acknowledge the rights of employees are neither abrogated nor diminished by the adoption of this Memorandum.
SECTION 4.00 - UNION/MANAGEMENT RELATIONS
A. The Union and management recognize their obligation to provide services of the highest quality and efficiency. To this end, the City and the Union affirm their joint responsibility to endeavor to promote harmonious labor/management relations.
B. The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use safeguards, devices and practices, reasonably adequate to render employment safe. The Union agrees to assist the City by working in concert with management to encourage employees to work safely.
4.01 ASSOCIATION USE OF CITY E-MAIL SYSTEM
The Union may be permitted to use City e-mail for the following purposes:
o Notice of Union meetings and agendas
o Notice of Union sponsored events
o Notice of Union elections
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o Reports from Union committees
o Rulings and discussion of Union policies
o Union newsletters
o Other official Union business as may be necessary and which conforms to the guidelines outlined below.
No notice or announcement which contains defamatory statements about the City, including any City department, any City official, or any City employee(s) shall be transmitted by City email. The City reserves the right to refuse to allow notices to be sent through the City’s e-mail system that interfere with the Department’s operational needs, workflow, or mission.
Any violation of this section shall entitle the City to cancel its provisions and revoke the Union’s privilege to use the City’s e-mail system pursuant to this section.
The parties agree to discuss any conflicts that may arise.
SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP
5.01 RECOGNITION
Pursuant to the Meyer-Milias-Brown Act and the City’s Personnel Rules and Regulations, the Union is certified as the recognized employee organization representing regular, full-time Firefighters, Fire Engineers, Fire Captains, Deputy Fire Marshal, and Fire Prevention Inspector(s), and Marine Safety Officer(s).
5.02 PAYROLL DEDUCTION
5.02.01 PAYROLL DEDUCTIONS
The City shall deduct Union membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the monthly pay of each member employee. The Union will provide the City with information regarding the amount of dues deductions and the list of Union member employees who have affirmatively consented to or authorized dues deductions.
The City shall remit the deducted dues and any other mutually agreed payroll deduction, to the extent permitted by law, to the Union as soon as possible after the deduction.
The City agrees to direct each member employee to the Union with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law.
The Union is responsible for providing the City with timely information regarding changes to member employees’ dues and any other lawful union-related payroll deduction.
5.02.02 UNION’S CERTIFICATION
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The City shall make payroll deductions in reliance on the Union’s certification certifying that the Union has and will maintain an authorization, signed by each member employee who affirmatively consents to pay Union membership dues. Similarly, The City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by the Union.
The City shall not request the Union to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization.
5.03 INDEMNIFICATION
The Union shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under Section 5.02, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Union’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Union.
In the event any such action or proceeding is brought against the City by reason of any such claim, the Union, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Union agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Union’s actions or inactions under Section 5.02.
5.04 UNION NOTIFICATION
Except in cases of bona fide emergencies, the Union shall be given seven (7) working days advance written notification of any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, or management, and shall be given the opportunity to meet and confer with the City representative prior to its adoption.
SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER This agreement, plus any written departmental rules or regulations sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to
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negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.
It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as defined by the Meyers-Milias-Brown Act, as amended, not covered herein without first having met and conferred with the Union. For purposes of this Agreement, emergency means any sudden and unforeseeable incident or occurrence. Changes implemented pursuant to this paragraph shall only be in effect for the duration of the emergency causing the change.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved by the City and ratified by the membership of the Union.
The waiver of any breach of any term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
SECTION 7.00 - NO DISCRIMINATION
The City and the Union agree to adhere to the City Council policies pertaining to equal employment opportunity and discriminatory harassment as listed in Exhibits A & B, as well as applicable Federal and State discrimination laws.
SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS
8.01 56 HOUR/WEEK SCHEDULE
8.01.01 WORK WEEK
The work week shall average 56 hours.
8.01.02 SHIFTS
On-duty shifts shall commence at the hour of 7:00 a.m. and shall be completed at 7:00 a.m. the following day.
8.01.03 TIME RELEASED
Employees shall not be released from duty at the end of a shift until the employee is relieved by a shift-employee replacing the position then held by such employee unless otherwise directed by management personnel.
8.02 40 HOUR/WEEK SCHEDULE
8.02.01 WORK WEEK
The work week for employees assigned to a 40-hour/week schedule shall typically consist of five consecutive days totaling 40 hours. An alternate work schedule (such as a 4-10 plan) may be assigned by the Fire Chief.
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8.02.02 SCHEDULE
The Fire Chief shall assign starting and quitting times to these employees to meet operational needs. Affected employees will be notified five (5) working days in advance of changes in work schedules. This shall not preclude the City from effecting schedule changes due to operational needs, overtime or emergency work.
8.03 JOB ASSIGNMENT
8.03.01 FIRE PREVENTION ASSIGNMENT
An employee may be temporarily assigned from a fire suppression position to a fire prevention position. Such a temporary assignment may be no longer than six (6) months in duration and an assignment may not occur more than once in a two (2) year period.
Assignment duration may exceed a six (6) month period in cases of bona fide medical/disability condition of employee or upon mutual consent.
8.03.02 MARINE RESCUE CAPTAIN ASSIGNMENT
A Captain may be temporarily assigned from a fire suppression position to the Marine Rescue Division. Captains assigned to the Marine Rescue Program will be allowed to work an alternate 40 hour per week work schedule. This assignment will not exclude this employee from overtime shift work in accordance with Fire Department policies, procedures, and practices. The Marine Rescue Captain Assignment will be in accordance with the parameters set forth in the Santa Cruz City Fire Department Shift and Station Bidding Procedure.
8.04 STAFFING
Staffing will be in accordance with Policy and Procedure Manual, Article 6, Section #6-5 Equipment Staffing.
8.05 SHIFT AND STATION BIDDING
Shift and Station bidding will be in accordance with the Department’s “Shift and Station Bidding Procedure.”
8.06 VACANCY BIDDING
Vacancy bidding will be in accordance with Policy and Procedure Manual, Article 4, Section #4-12 Vacancy Bidding.
8.07 MARINE SAFETY OFFICER LUNCH PERIOD
The Marine Safety Officer shall be entitled to and expected to take an uninterrupted, unpaid lunch period of a minimum of thirty (30) minutes at or about the mid-point of their workday.
Supervisors may occasionally approve flexible scheduling of lunch periods for individual employees. Regular schedules that do not provide the required lunch period at or about the mid-point of the workday will not be allowed.
8.08 MARINE SAFETY OFFICER SHIFT DIFFERENTIAL
The Marine Safety Officer who is required and authorized by management to work, and
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actually works, a regularly scheduled shift at least four hours or more of which fall between the hours of 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of ninety cents ($.90) per hour or five percent (5%), whichever is greater, for each hour worked within the shift differential period of 6:00 p.m. and 6:00 a.m.
Shift differential shall not apply to:
a. Paid leave hours, including vacation, sick leave, holidays, and other paid leaves provided in Section 17.01.
Hours that are worked between 6:00pm and 6:00am as a result of call-back, duty assignment, or overtime.
SECTION 9.00 - PERSONNEL ACTION
9.01 PERFORMANCE EVALUATIONS
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. All original appointments and newly hired employees will be evaluated as follows:
Regular employees will be evaluated annually on their merit review date.
Employees Hired on or after 12/1/18
First (1st) evaluation: at completion of six (6) months of regular service following completion of Academy
Second (2nd) evaluation: at completion of probation, twelve (12) months of regular service following completion of Academy
Third (3rd) evaluation: at completion of 18 months of regular service following completion of Academy.
Subsequently, a performance evaluation will be conducted twelve (12) months after the date of the third (3rd) evaluation; this date becomes the employee’s annual evaluation date.
9.02 PROBATION
9.02.01 PROBATIONARY PERIOD
A. All original appointments (newly hired Firefighters) shall be subject to a probationary period that begins on the first day of regular City employment and ends twelve (12) months after the successful completion of the Fire Academy. All Fire Inspectors and Marine Safety Officers shall be subject to a twelve (12) month probationary period that begins on the first day of regular City employment.
B. All promotional and re-hire appointments shall be subject to a probationary period of twelve (12) months from the date of promotion or the date of re-hire.
Any time spent by a probationary employee on unpaid status shall not be counted as
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qualifying service toward completion of the probationary period.
9.02.02 OBJECTIVE OF PROBATIONARY PERIOD
The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee’s performance.
9.02.03 REJECTION OF PROBATIONARY EMPLOYEE
During the probation period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing. Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.
9.02.04 EXTENSION OF PROBATION
All efforts will be made to sufficiently evaluate the probationary employee during the assigned period, which includes time spent in the Fire Academy. An extension of the probationary period may, however, be recommended by the appointing authority when good cause exists. Such extensions shall be for a specific period of time not to exceed three (3) months.
9.03 PERSONNEL FILES
There shall be only one official personnel file which shall be maintained in the City’s Human Resources Department. Employees shall have the right to review their personnel files or authorize, in writing, review by their representatives. No adverse material will be placed in an employee’s personnel file without prior notice and a copy given to the employee. Employees may, within thirty (30) days of receipt of these, cause to be placed in their personnel files responses to adverse material inserted therein.
SECTION 10.00 - PAY RATES AND PRACTICES
10.01 SALARY STEPS
The classifications in the unit shall be assigned salary ranges that increase by 6% between steps.
10.01.01 SALARY RATES UPON APPOINTMENT
New employees shall be hired at the first step of the classification’s salary range; unless a higher starting step is recommended by the Fire Chief, based on the employee’s advanced qualifications for the position and such recommendation is approved by the Chief People Officer (Director of Human Resources) and City Manager.
Promoted employees shall receive a minimum six percent (6%) increase. If such increase does not result in them being placed at least at the first step of the new classification’s salary range they will be placed at the first step of the new classification’s salary range. If such increase results in them being placed within the salary range of the new classification but between existing steps, they will be placed at the next higher step in the new range.
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10.01.02 ADVANCEMENT WITHIN THE RANGE
A. Advancement within a classification’s salary range shall normally be granted on the employee’s scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation and successful completion of department required training standards.
B. Merit increase dates are aligned with evaluation dates. Newly hired Firefighters are eligible for their first merit increase at the end of their first (6) months of regular employment with the City following completion of the Academy. Newly hired Firefighters are eligible for their second merit increase after completion of 18 months of regular employment with the City following completion of the Academy.
The employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the employee is promoted or the top of the salary range is attained.
Newly hired Fire Inspectors and Marine Safety Officers are eligible for their first merit increase at the end of their first six (6) months of regular employment with the City. Newly hired Fire Inspectors and Marine Safety Officers are eligible for their second merit increase after completion of eighteen (18) months of regular employment with the City. The employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the employee is promoted or the top of the salary range is attained.
C. Merit increases shall normally be from one pay step to the next higher pay step.
Increases of greater than one (1) step may, however, be recommended by the Fire Chief when exceptional performance has been demonstrated by the employee. Such step increases must be approved by the City Manager.
D. A merit increase may be denied by the Fire Chief when an employee’s job performance falls below the acceptable work standards for the duties assigned. The Fire Chief may, in such a case, recommend that the employee’s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee’s original review date shall not change and she/he shall be eligible for the next merit increase after one (1) year on a paid status from the original review date.
E. An employee’s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status.
F. Upon receipt of satisfactory annual evaluation, the effective date for a merit increase shall be the first day of the pay period which includes the employee’s merit review date.
10.02 SALARY
Effective the pay period that begins on September 17, 2022, the salary for all bargaining unit members shall be increased by an additional three-point forty-three percent (3.43%).
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Effective the pay period that begins on September 16, 2023, the salary for all bargaining unit members shall be increased by an additional three percent (3%). Effective the pay period that begins on September 14, 2024, the salary for all bargaining unit members shall be increased by an additional five percent (5%). Effective September 17, 2022, the salary for the Marine Safety Officer shall be adjusted to be reduced from 10 steps (A-J) to 8 steps (A-H), with 6% between each step. The previous step I in the Supervisory Unit, will now become Step G of the Firefighters Unit.
Effective the pay period that begins on September 27, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by an additional three percent (3%). Effective the pay period that begins on July 4, 2026, the salary for all bargaining unit members shall be increased by an additional three percent (3%). Effective the pay period that begins on July 3, 2027, the salary for all bargaining unit members shall be increased by an additional three percent (3%).
10.03 P.E.R.S.
10.03.01 EMPLOYEES HIRED ON OR BEFORE SEPTEMBER 2, 2011 (TIER I) This section 10.03.01 shall apply to employees hired on or before September 2, 2011, who are contributing members of CalPERS.
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.01 shall be based on the single highest year, defined by CalPERS as any consecutive one-year period with the highest average pay rate and special compensation.
B. 3.0% @ 50 Pension Formula
The 3.0% @ 50 pension formula shall be available to all employees covered by this section 10.03.01 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.01.
C. Required Employee Contribution
Members covered by this section 10.03.01 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 50 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period
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beginning September 26, 2015 members covered by this section 10.03.01 will contribute an additional 3.0% (total 12.00%).
10.03.02 EMPLOYEES HIRED ON OR AFTER SEPTEMBER 3, 2011 (TIER II) This section 10.03.02 shall apply to employees hired on or after September 3, 2011 and prior to January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.02 shall be based on the employee’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 3.0% @ 55 Pension Formula
The 3.0% @ 55 pension formula shall be available to all employees covered by this section 10.03.02 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.02.
C. Required Employee Contribution
Members covered by this section 10.03.02 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 55 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning September 26, 2015 members covered by this section 10.03.02 will contribute an additional 3.0% (total 12.00%).
10.03.03 EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 (TIER III) This section 10.03.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.03 shall be based on the employee’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 2.7% @ 57 Pension Formula
The 2.7% @ 57 pension formula shall be available to all employees covered by this section 10.03.03 who are contributing new members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.03.
Employees covered by this section 10.03.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.
C. Required Employee Contribution
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Members covered by this section 10.03.03 will contribute the employee contribution amount established by CalPERS for their 2.7% at 57 pension formula. The required contribution amount for the 2.7% @ 57 was 12.75% as of the date of this MOU is
12.75%.
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning July 6, 2013 members covered by this section 10.03.03 will contribute an additional 3.0% (total 15.75%).
10.03.04 RETIREMENT, ALL EMPLOYEES
The City will maintain the IRS 414(h)(2) provision (for tax purposes only) allowing the employee to defer State and Federal income taxes on their CalPERS contributions.
10.03.05 SICK LEAVE CONVERSION
The City’s contract with CalPERS includes the service credit for unused sick leave (Section 20965).
The Parties agree that the City and Local 1716 will share the cost of will take all administrative steps necessary to of conducting an actuarial study to allow employees the choice of selecting the CalPERS service credit option for employees retiring with at least twenty years of regular service and the ability to also elect to convert a maximum of 1,500 hours of their accrued sick leave (banked and unbanked) in 100 hour increments to an additional 1% contribution by the City towards the cost of their retiree medical benefits as defined by Sections 17.04.01 (Retiree Medical Plan) and 17.04.02 (Retiree Medical Incentive) of this memorandum. For example, the maximum conversion of 1,500 hours would equal a 15% increase in the City’s contribution towards a retiree medical plan for a maximum 90% contribution. All restrictions and requirements of sections 17.04.01 and 17.04.02 apply to this sick leave incentive option including, but not limited to eligibility and plan availability.
10.04 OVERTIME
10.04.01 56-HOUR WORK WEEK
Overtime is additional time worked in excess of an employee’s regular work shift. Overtime shall be paid at one and one-half (1 1/2) times the base rate of pay.
FLSA overtime is defined as all hours required by Management and actually worked by the employee, in excess of the maximum non-overtime hours allowed in the work period. (See Exhibit C for a listing of work periods and the maximum non-overtime hours for each work period.)
FLSA overtime shall be compensated in money at one and one-half (1½) times the employee’s regular rate. The regular rate shall be as defined in the FLSA.
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The City has the right to decide whether or not the Section 7 (k) exemption, as provided by the FLSA, shall apply. The City also has the right to select the work period, as defined by the FLSA.
Firefighters, Fire Engineers, Fire Captains, Fire Inspectors and Marine Safety Officers may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank at the rate of one and one-half time the hours worked. Employees’ compensatory time bank shall not exceed one-hundred-twenty (120) hours.
The use of compensatory time off shall be in accordance with Fire department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D).
Employees may receive payment for all accrued and unused compensatory time at the time of employment separation or promotion from a job classification represented by IAFF Local 1716.
10.04.02 40-HOUR WORK WEEK
Overtime shall be defined as all management authorized hours in a paid status in excess of forty (40) hours per week, which are contiguous with the employee’s regular work schedule, excluding voluntary training. Overtime shall be computed at the rate of one a one-half (1½) times the base hourly rate or may be converted to compensatory time off at the rate of one and one-half (1½) times the hours worked.
Employees covered by the Fair Labor Standards Act shall be entitled to FLSA overtime which is defined as all hours required by management and actually worked by the employee in excess of forty (40) hours in a work period as defined by the City. FLSA overtime is compensated in pay or compensatory time off at one and one-half (1½) times the employee’s regular rate of pay. The regular rate shall be defined in the FLSA.
A forty (40) hour employee with accrued compensatory time off shall be permitted to use such time within a reasonable period after making the request unless such time off will unduly disrupt the operations of the department. Compensatory time off shall not be allowed to accumulate beyond one hundred fifty (150) hours at any given time.
Employees may receive payment for all accrued and unused compensatory time at the time of employment separation or promotion from a job classification represented by IAFF Local 1716.
10.05 MARINE SAFETY OFFICER CALPERS
The City plans for a re-opener to negotiate regarding safety retirement during the term of the MOU after an actuarial analysis from Cal-PERS is received by the City.
10.06 CALL BACK
Call back is defined as any time an employee is directed to work and actually works for a period not contiguous with their regular shift. Employees so directed shall be compensated at their applicable overtime rate of pay for a minimum of two (2) hours (see Section 10.04 to determine applicable overtime rate). Up to one-half (½) hour will be paid for travel on emergency
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callbacks. With the exclusion of Marine Safety Officer, who will be compensated at their applicable overtime rate of pay for a minimum of two (2) hours (see Section 10.04 to determine applicable overtime rate). No compensation will be made for travel on emergency callbacks.
Notwithstanding the foregoing, any employee called back to work by reason of a shifttrade between employees within the bargaining unit shall not receive the premium set forth herein.
10.06.01 MARINE SAFETY OFFICER CALL-BACK
Call-back work is defined as work required by management of an employee who, following completion of the employee’s work day or work week and departure from the employee’s work site, is unexpectedly ordered to report back to duty to perform necessary work.
10.06.01.01 CALLBACK BY PHONE OR COMPUTER
If the Marine Safety Officer is able to respond by phone or computer and is not required to report to the worksite, then:
A. For the first response of the day, a minimum of thirty (30) minutes (0.5 hours) of overtime will be paid for actual overtime worked of less than thirty (30) minutes.
Thereafter, a minimum of fifteen (15) minutes (0.25 hours) of overtime will be paid for actual overtime worked of less than fifteen (15) minutes.
B. An additional minimum will not be paid if an employee is required to respond to additional call(s) and the time and duration of the response is within the previous minimum.
10.06.01.02 CALLBACK TO WORKSITE
A. All call-back hours shall be paid at the overtime rate. A minimum of two (2) hours of overtime compensation shall be paid for all call-back periods of less than two (2) hours.
B. Hours worked shall include reasonable travel time to work. Return travel time shall not be included within time worked.
C. If a Marine Safety Officer who was called back to work and has completed their assignment and left work is again called back to work, they will not receive another minimum if the time of return is within the previous call-back minimum.
D. Marine Safety Officers who are required to respond to the worksite will be provided mileage compensation, at the federal rate, for the use of their personal vehicles.
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10.07 HOLIDAYS
10.07.01 56-HOUR PER WEEK EMPLOYEES
This is additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays as identified in Section 10.07.03. Employees shall accrue holiday pay up to a maximum of two-hundred and eighty-eight (288) hours per calendar year, at a rate of
11.08 hours per pay period. receive a bank of two-hundred (200) hours of holiday pay on the first day of the pay period that includes July 1 of each year. This amount will be pro- rated for new hires.
Pursuant to Fire Department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D), employees may use accrued holiday leave. Alternately, holidays shall be paid at a straight time rate. If paid, a separate check shall be issued for 96 hours (less any hours used to date in the fiscal year) on the first pay date in December and again for the remaining balance of hours on the second pay date in June.
Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed two-hundred and eighty-eight (28800) hours.
10.07.02 40-HOUR PER WEEK EMPLOYEES
This is additional compensation for employees who are normally required to work on approved holiday because they work in positions that require scheduled staffing without regard to holidays as identified in Section 10.07.03. Employees shall receive a bank ofaccrue holiday pay up to a maximum of ninety-six (96) hours per calendar year, at a rate of 3.69 hours per pay period. of holiday pay on the first day of the pay period that includes July 1 of each year. During fiscal years when Christmas and New Year’s Day are on or between Tuesday through Saturday, employees shall be credited with ninety-six (96) hours. In fiscal years where Christmas and New Year’s Day are on a Sunday or Monday, employees shall be credited with eighty-eight (88) hours. This amount will be prorated for new hires.
Pursuant to City policy, employees may use accrued holiday leave. Alternately, holidays shall be paid at the employees base hourly rate. Any accrued and unused holiday pay shall be issued on the first pay period in June and again for all accrued and unused hours on the first pay period in December. if paid, a separate check shall be issued for up to 40 hours in years we do not have the Christmas Eve or New Year’s Eve half day holidays, or 44 hours in the years with the half-day holidays (less any hours used to-date in the fiscal year) on the first pay date in December and again for the remaining balance of hours on the second pay date in June.
Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed ninety-six (96) hours.
In addition, 40-hour per week employees shall accrue up to twenty-four (24) hours of floating holiday per fiscal year. Floating Holiday accrual will be on a monthly basis. Full-time employees shall accrue floating holiday at the rate of two (2) hours per month. Part-time
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employees shall accrue floating holiday on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive one (1) hour of floating holiday each month).
Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued floating holiday.
Accumulation of floating holidays shall not exceed twenty-four (24) hours.
10.07.03 MARINE SAFETY OFFICER HOLIDAYS
Part-time employees shall receive the following holiday benefits on a prorated basis, given the ratio of their budgeted work schedule to full time.
Marine Safety Officers will accrue paid holiday time the pay period before the pay period with the holiday. The accrual will be in the amount listed for the holidays listed in Section
10.07.03.01 (Fixed Holidays) of this MOU. Employees must be in paid status for at least fifty percent (50%) of the pay period to accrue paid holiday time.
Marine Safety Officers are required to use holiday leave on holidays they do not work, even if they are on leave or are sick. The use of vacation, compensatory time, excess holiday, or other leave time on holidays is only allowed to make up the difference between the hours of holiday granted and the amount of hours the employee is scheduled to work.
Marine Safety Officers are not allowed to use unpaid closure time on holidays during the City’s holiday closure.
10.07.03.01 FIXED HOLIDAYS
Employees within the unit shall have the following specific holidays with pay:
Eight (8) 8 Hour Holidays
Twelve (12) 24 Hour Holidays for 56-Hour per Week Employees Twelve (12) 8 Hour Holidays for 40-Hour per Week Employees New Year’s Day
Martin Luther King’s Birthday
Cesar Chavez
Presidents’ Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Four (4) 4 Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve
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(if Christmas is on a Tuesday–Saturday)
The last four (4) hours of the work shift are Holiday hours for New Year’s Eve (if New Year’s Day is on a Tuesday–Saturday)
Except as provided for on Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.
10.08 WORKING OUT OF CLASSIFICATION
The term “working out of classification” is defined as a management-authorized assignment on a temporary basis of an employee in a lower classification to a b u d g e t e d higher classification. Pay for working “out of classification” shall be as follows:
1. Employees so assigned will receive acting pay beginning the first day or shift of the assignment.
2. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain shall be made for a minimum of six hours.
3. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain, shall at a minimum, be paid a rate equal to a formal promotional assignment or 6% above the base rate.
In accordance with the Public Employees’ Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).
10.09 SPECIAL PROJECT PAY
A special project is a specific and unique assignment which exceeds the normally assigned duties and responsibilities of the employee’s job classification. Special projects typically require specialized knowledge, skills, education, training, abilities and/or responsibilities outside the scope of those normally required of the respective job classification.
Special projects may be employee initiated, or developed by the department. When appropriate, the department will post available special project assignments. All qualified employees may request an available special project. The Fire Chief or their designee shall select the most qualified and/or appropriate candidate from amongst those requesting the assignment.
Employees proposing a particular special project may be given preferential consideration during the selection process for that respective special project.
The Fire Chief may assign up to ten (10) employees to special projects. Such assignments shall be made in writing and shall specifically state the expected outcome. The Fire Chief and the assigned employee shall discuss the project and mutually decide progress milestones and objectives. If mutual agreement cannot be reached, then the progress milestones and objectives shall be determined by the Fire Chief. Special projects may be terminated at the discretion of the Fire Chief.
An employee, so assigned by the Chief, shall receive 2.5% of their base pay while actually
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working on such project.
Special project pay does not affect, nor is it included in sick and vacation or other leaves of absence. These assignments will be included in PERS computations.
A listing of all current special projects and the respective employee(s) assigned each project, shall be maintained in the Fire Administration office. Said listing shall be made available to the Union and any employee upon request.
10.10 SPECIAL DETAIL
Special detail is defined as an assignment in which the City is reimbursed by an event’s sponsor, through the Finance Department, for fire services. Firefighters, Fire Engineers, Fire Captains, Fire Inspectors and Marine Safety Officers assigned to cover special detail will be paid a minimum of four (4) hours overtime at one and one-half (1½) times their hourly rate.
10.11 BILINGUAL PAY
The City shall provide payment of five percent (5%) of base salary when the City certifies an employee as qualified and the position requires the use of bilingual language skills with the exception of the Marine Safety Officer who will receive .30/hour. This provision does not apply to the City translator.
10.12 EDUCATION INCENTIVE
Employees will be eligible for one of the following education incentives when the listed requirements have been met for that level and a request for the incentive has been sent to the Fire Chief for review and approval:
I. Two percent (2%) of base salary (one of the following):
a. AA/AS Degree
b. Sixty (60) units of college credit and actively pursuing job related college work c. State Fire Marshal’s Company Officer Certification or Fire Officer Certification d. Successful completion of the following courses:
i. Company Officer 2a: Human Resource Management
ii. Company Officer 2b: General Administrative Functions iii. Company Officer 2c: Fire Inspections and Investigations iv. Company Officer 2d: All Risk Command Operations
v. Company Officer 2e: Wildland Incident Operations
vi. Instructor I: Instructor Methodology
vii. Instructor II: Instructor Development
viii. Instructor III: Instructor Program Management
ix. S-290: Intermediate Fire Behavior (classroom version) x. S-231: Engine Boss
II. Four percent (4%) of base salary (one of the following):
a. BA/BS Degree
b. State Fire Marshal’s Chief Fire Officer Certification or Chief Officer Certification c. Successful completion of the following courses:
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i. Chief Fire Officer 3a: Human Resource Management
ii. Chief Fire Officer 3b: Budget & Fiscal Responsibilities iii. Chief Fire Officer 3c: General Administration Functions iv. Chief Fire Officer 3d: Emergency Service Delivery Responsibilities v. ICS-300: Intermediate ICS for Expanding Incidents (classroom version) vi. S-404: Safety Officer
vii. S-330: Strike Team Leader
viii. S-234: Ignition Operations
ix. S-270: Basic Air Operations
x. L-380: Fireline Leadership
xi. L-336: Tactical Decision Making in Wildland Firefighting Course equivalencies for required courses are acceptable from recognized training organizations like, but not limited to, State Fire Marshal, CalFire, National Fire Academy, Federal Emergency Management Agency, Emergency Management Institute, US Forest Service, California Specialized Training Institute, National Wildfire Coordinating Group, and the International Association of Firefighters.
If the above listed courses are no longer offered, an equivalent course will be substituted upon mutual agreement of the Fire Chief and Local 1716 President.
10.13 LONGEVITY
Upon completion of six (6) years of continuous regular service, employees shall receive a two-and-one-half percent (2½%) longevity pay increase.
Upon completion of ten (10) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of four-and-one-half percent (4.5%).
Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of six-and-one-half percent (6.5%).
Upon completion of seventeen (17) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of eight-and-onehalf percent (8.5%).
Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of ten-and-onehalf percent (10.5%).
Upon completion of twenty-two (22) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for total of twelve-and-onehalf percent (12.5%) Effective July 3, 2027, longevity pay will be based on the employee’s years of service from the date of hire. Longevity pay will be part of the employee's base pay.
Upon completion of six (6) years of continuous regular service, employees shall receive a
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two-and-one-half percent (2.5%) longevity pay increase.
Upon completion of ten (10) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of six-and-one-half percent (6.5%).
Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of eight-and-onehalf percent (8.5%).
Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of twelve-andone-half percent (12.5%).
10.14 PARAMEDIC PROGRAM
A. Each employee who is licensed by the State of California, accredited by the County of Santa Cruz as a paramedic, and assigned to front-line or support duty shall be eligible for paramedic pay with the exception of the Marine Safety Officer.
B. Paramedic pay shall be an amount equal to 10% of top step Firefighter salary.
C. The department will make every effort to ensure continuing education will be provided on duty. However, subject to approval of the Fire Chief, continuing education may be provided off duty, compensated by approved overtime or compensatory time off.
D. Support medic pay shall be an amount equal to seven percent (7%) of base salary.
10.15 EMERGENCY MEDICAL TECHNICIAN
Each employee who is certified in the County of Santa Cruz as an Emergency Medical Technician-D, with the exception of the Marine Safety Officer, shall be compensated an additional 3% of employee’s base salary. (EMT-D pay will not be payable to those employees receiving paramedic pay.)
10.16 PARAMEDIC PREMIUM PAY FOR MARINE SAFETY ADMINISTRATIVE CAPTAIN Paramedic premium pay for the Marine Safety Administrative Fire Captain will be ten percent (10%) of the top-step pay of the firefighter position.
10.17 RESCUE SWIMMER ASSIGNMENT AND COMPENSATION
The Rescue Swimmer program will be administered in accordance with Santa Cruz Fire Department policies and procedures.
Employees designated as Rescue Swimmers, with the exception of the Marine Safety Officer, in accordance with departmental policies and procedures will receive an incentive equal to five percent (5%) of their base salary.
10.18 HAZ-MAT TECHNICIAN ASSIGNMENT AND COMPENSATION
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Employees designated as haz-mat technicians in accordance with departmental policies and procedures, with the exception of the Marine Safety officer, will receive an incentive equal to five percent (5%) of their base salary.
10.19 ON-CALL FIRE INVESTIGATOR ASSIGNMENT AND COMPENSATION On-call Fire Investigator assignments will be made in accordance with Santa Cruz Fire Department Policy and Procedure Manual Article #2, #B2-4 (On-Call Fire Investigator Assignment).
Compensation for on-call Fire Investigator assignments is as follows:
A. For every weekday covered, a stipend equal to 1 ½ hours of “C” step Deputy Fire Marshal pay shall be provided.
B. For every weekend day covered (24 hour period) a stipend equal to 2 hours of “C” step Deputy Fire Marshal pay shall be provided.
C. For every City designated 8-hour holiday covered (24 hour period), a stipend equal to 4 hours of “C” step Deputy Fire Marshal pay shall be provided and an additional 4 hours will be credited to the employee’s accrued compensatory time balance.
D. For every City designated 4-hour holiday covered (24 hour period), a stipend equal to 2 hours of “C” step Deputy Fire Marshal pay shall be provided and an additional 2 hours will be credited to the employee’s accrued compensatory time balance.
E. When an on-call Fire Investigator is dispatched or activated, the pay rate will revert to 1 ½ the employee’s base pay rate as “emergency call back”.
SECTION 11.00 - SICK LEAVE
11.01 DEFINITION
The purpose of this section is to provide paid leave time to be used by employees in the event of a non-work related illness, injury, preventive healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, or the medical necessity of others as specified below. Sick leave shall not be construed to be a privilege, which an employee may use at their discretion, but shall be allowed only in case of necessity herein set forth.
11.02 ACCRUAL
11.02.01 24-HOUR SHIFT PERSONNEL
All 24-hour shift personnel shall accrue sick leave at the rate of 162 hours for each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
11.02.02 40-HOUR PER WEEK PERSONNEL
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All 40-hour per week personnel shall accrue such leave at the rate of 8 hours of each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
11.02.03 PAID STATUS
An employee must be on paid status at least 50% of the working hours of a pay period to earn sick leave for that period.
11.03 LIMITATIONS
A. To receive compensation while absent on sick leave, the employee shall notify their immediate supervisor in the manner provided in the departmental rules and regulations.
B. Where absence is for more than two 24-hour shifts, the employee shall furnish proof of illness as may be required by the Fire Chief.
For 40-hour week employees, the Fire Chief may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized.
In cases of chronic absenteeism or medical work restrictions, the Director of Human Resources may have an employee examined by a City-selected physician. The City shall pay the cost of any such medical exam.
C. Up to 72 hours for 24-hour shift personnel and 48 hours for 40-hour week personnel of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for an immediate family member who is ill or injured, or for preventive care, care of an existing health condition, or if they are a victim of domestic violence, sexual assault or stalking. Immediate family is defined as parent, spouse, child, father, mother, brother, sister, registered principal domestic partner, step-father, step-mother, grandparent, grandchild, or close relation residing in the employee’s household. This seventy-two (72) or forty-eight (48) hour limitation may be extended by the City Manager with good cause.
11.04 SICK LEAVE INCENTIVE
11.04.01 56-HOUR PER WEEK EMPLOYEES
56-hour per week employees who have accumulated sick leave above 900 hours as of December of each calendar year, will be able to choose among the following options:
1. To receive a cash pay-off of all hours in excess of 900 at the rate of 33% of their current rate of pay.
2. To “bank” all hours in excess of 900. Banked hours may not later be converted to cash, and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option.
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11.04.02 40-HOUR PER WEEK EMPLOYEES
40-hour per week employees who, as of December 31 of each year, have accumulated more than 400 hours of sick leave will be asked to choose among the following options:
1. To receive a cash pay-off of all hours in excess of 400 at the rate of 33% of their current rate of pay.
2. To “bank” all hours in excess of 400. Banked hours may not later be converted to cash and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option.
Employees who have an excess of 400 hours of unbanked sick leave at the time of separation from the City will be paid-off for these excess hours at the rate of 33% of the employee’s current rate of pay.
SECTION 12.00 - VACATION
Vacation accrual will be on a monthly basis beginning at date of hire. Accumulated vacation time may not exceed twice the annual rate of accrual unless prior written authorization for a specified amount is received from the City Manager or Director of Human Resources. Upon authorization by a Battalion Chief, a probationary employee may use accrued vacation leave.
The Vacation Selection Process for Shift Personnel will follow Article #4-13, revised September 21, 2015, of the Santa Cruz Fire Department Policy and Procedure Manual (see attached Exhibit D).
12.01 ACCRUAL
An employee must be in paid status at least 50% of the working hours of a pay period to earn vacation for that period. Annual vacation accrual shall be based on continuous regular service, as follows:
12.01.01 40-HOUR/WEEK SCHEDULES
Up to 5 years (inclusive): 80 hours for each year of continuous regular service 6 to 10 years (inclusive): 120 hours for each year of continuous regular service 11 or more years: 120 hours for each year of continuous regular service, plus 8 hours for each additional year of continuous regular service after ten (10) years to a maximum of 160 hours per year.
12.01.02 56-HOURS/WEEK SCHEDULES
Up to 5 years (inclusive): 12 hours for each month of continuous regular service 6 to 10 years (inclusive): 18 hours for each month of continuous regular service 11 or more years: 18 hours for each month of continuous regular service, plus one hour for each additional year of continuous regular service after ten (10) years to a maximum of twenty-four (24) hours per month.
12.02 ILLNESS DURING VACATION
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect, shall have the period of illness
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charged against sick leave and not vacation leave.
12.03 UNION LEAVE BANK
1. Transfer of Accrued Vacation to Union Leave Bank
In the first full pay period of January of each year, each active bargaining unit employee will contribute to the Union Leave Bank by donating six (6) hours of their accrued vacation leave (four (4) hours for forty (40) hour per week employees).
The contribution will be deducted from each employee’s accrued vacation leave, and the total dollar value of those hours, using the employee’s actual hourly rate, will be credited to the Union Leave Bank.
Unless an employee has at least six (6) vacation hours available (four (4) hours for forty (40) hour per week employees), no deduction will occur nor will a deduction occur at any time prior to the next calendar year leave bank transfer. In addition, employees hired during the year will have no deduction until the following calendar year’s leave bank transfer. Employees separating employment during the year will receive no credit for or return of the hours contributed to the Union Leave Bank.
The number of hours deducted from each employee’s accrued vacation leave may be adjusted from year to year as necessary with written notification from the Union to the City.
2. Carry Over of U nused F unds
If there are any unused amounts in the Fire Union Leave Bank at the end of the fiscal year, these amounts will carry over to the following year.
3. Usage of the Union Leave Bank
When a bargaining unit employee has received the appropriate approval to be absent from their scheduled shift(s) to attend conferences related to a union-related function, payment of the employee(s) wages covering for the shift(s) will be made from the Union Leave Bank. The employee will be paid at an FLSA adjusted overtime rate. No ‘acting pay’ will be added to the union coverage overtime rate. There will be no compensatory time bank established for this purpose.
Coverage time will be paid time. The employee absent from work on union business shall receive pay for their regularly scheduled shifts.
4. Authorization for use of the Union Leave Bank
An employee seeking to be absent from work pursuant to this section must receive written approval from a union officer and present the request seven (7) days in advance to the Deputy Chief who shall confirm that there are sufficient funds in the Union Leave Bank to cover the absence. Approval for use of the leave will be denied if there are insufficient funds in the Leave Bank to pay for the coverage of shifts during the proposed absence.
5. Shift Coverage
The Battalion Chief shall ensure a replacement is secured to cover the shifts resulting from an approved Union Leave absence, pursuant to the current practice for obtaining shift replacements. In the event Union Leave is sought at a time when there are inadequate funds in the leave bank to cover the leave,
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employees may seek a shift-trade in accordance with current policy and practice, or the Union may deposit an amount sufficient to cover the inadequacy into the Leave Bank account.
6. Time Card Coding
Employees absent on Union Leave and employees covering for employees absent on Union Leave shall code their time cards accordingly. The employee absent from work shall code their time card using a pay code edit, 166 – Union Business and number of duration hours. He/she must delete the pre-populated schedule for the expected duration of the union business. The employees covering for employees absent on union leave shall transfer their time to a “021 - Overtime Union Coverage” work rule.
7. Quarterly Reports
The Fire Department shall provide a report to the Union on a quarterly basis indicating the amounts used during the calendar year as well as the remaining balance of the Union Leave Bank.
8. Disclaimer of Liability
The City assumes no responsibility for how the leave time is used. Time spent on Union Leave is not considered time worked for purposes of worker’s compensation.
9. Overtime
Time spent on Union Leave is not counted as time worked for purposes of calculating overtime. Time spent by employees covering for those on Union Leave is counted as time worked for purposes of overtime.
10. No Waiver of Rights
Nothing in this section shall supersede the Fire Chief’s duty to maintain management control over shifts to ensure that the daily operation of the Fire Department and emergency situations are adequately covered.
SECTION 13.00 - BEREAVEMENT LEAVE
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee’s ability to continue daily work performance.
A leave of absence with pay of up to twenty-four (24) hours per incident is available to an employee in the event of a death in the employee’s immediate family which shall, for the purpose of this article, include spouse, parent, son, daughter, grandparent, sibling, mother or father-in-law, registered Principal Domestic Partner, grandchild of the employee or spouse, son-in-law, daughter- in-law, grandparent-inlaw, brother-in-law, sister-in-law, or a close relation residing in the employee’s household. In rare cases when the employee and the deceased have no legal relationship other than a foster or stepparent the Human Resources Director or City Manager has the discretion to approve that leave upon application.
Employees who have been employed for at least thirty (30) days are entitled to bereavement leave in
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the event of the death of an employee’s spouse, domestic partner, child (including stepchild & foster care child), parent, grandparent, grandchild, sibling, aunt, uncle, first cousin, and the spouse/domestic partner’s child, parent, grandparent, grandchild, brother, sister, sibling or a close relation residing in the employee’s household.
In rare cases when the employee and the deceased have no legal relationship other than a foster or step-parent the Human Resources Director or their designee has the discretion to approve that leave upon application.
56-Hour Work Week Employees
56-hour employees shall receive up to forty-eight (48) hours of paid bereavement leave per incident. 40-Hour Work Week Employees
40-hour employees shall receive up to forty (40) hours of paid bereavement leave per incident. 56-Hour and 40-Hour Employees
The use of paid bereavement leave shall not be charged against any of the employees leave banks. If the employee wishes to take additional days off in addition to the paid bereavement leave provided, as outlined above, to attend to the loss of a family member, the employee may take unpaid leave or use vacation, sick leave or compensatory time off that is otherwise available to the employee.
Days of bereavement leave used need not be consecutive but must be completed within ninety (90) days of the date of the death of the employee’s family member.
As soon as practicable, an employee who needs to use bereavement leave shall notify the Human Resources Director or their designee in the format defined by the Human Resources Department, such as electronic transmittal.
The HR Director or their designee may, within thirty days of the first day of the leave, require that an employee provide documentation of the death of the family member. Documentation includes but is not limited to a death certificate, a published obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
13.01 MARINE SAFETY OFFICER BEREAVEMENT LEAVE
A leave of absence with pay of up to forty (40) hours per incident may be granted a Marine Safety Officer by the department head in the event of a death in the employee’s family which shall, for the purpose of this article, include spouse, parent, child, grandparent,sibling, parentin-law, registered principal domestic partner, grandchild of the employee or spouse, siblingin-law, child-in-law, grandparent-in-law, or a close relation residing in the employee’s household. In rare cases when the individual has no other legal relationship other than a foster or step parent, the HR Director or City Manager has the discretion to approve that leave upon application.
An additional forty (40) hours of leave chargeable to accrued sick leave, may be taken by an employee who needs additional time off in connection with a death in the family (as defined in this article).
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SECTION 14.00 - LEAVES OF ABSENCE
14.01 UNPAID LEAVES OF ABSENCE
14.01.01 MEDICAL OR PERSONAL LEAVE
A leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency or other situation where such absence would not be contrary to the best interests of the City. Approval of all such leaves of absence is at the sole discretion of management. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves. The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager and may not exceed a total of twelve months. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave. Employees on Military Leave pursuant to Section 14.02.02 are not subject to the leave depletion requirement.
14.01.02 PREGNANCY DISABILITY LEAVE
An employee may take a leave of absence up to four (4) months in length for the purpose of pregnancy disability leave. The City may request a licensed medical practitioner’s opinion regarding any work restrictions that may exist prior to or after delivery.
Requests for pregnancy disability leave must be made in writing to the Fire Chief at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible, barring any unforeseen medical issues related to the pregnancy or earlier or later birth than expected. Any requests for extension of pregnancy disability leave must be made in writing to the Fire Chief at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to use any appropriate paid leave either before or after an approved pregnancy disability leave, within the use limitations of those leave provisions. No combination of pregnancy disability leave, family leave, sick leave or vacation may exceed one year total or seven (7) months post-partum.
Any additional post-partum leave, not to exceed one (1) year total, may be approved by the City ManagerHuman Resources Director or their designee after consideration of the nature of the request and the operational needs of the department.
Upon return to work, the employee shall be assigned to the same classification and like assignment whenever possible and in accordance with applicable leave laws.
Upon conclusion of an approved Pregnancy Disability Leave, the employee shall be reinstated to the “same” position held prior to the leave, or to a “comparable” position with equivalent pay benefits, and duties, in accordance with State and Federal laws.
14.01.03 FAMILY LEAVE
In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible
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employees for up to twelve (12) weeks, (continuous or cumulative). Effective January 1, 2016, the City will begin using a “rolling” twelve (12) month period measured backward to establish the 12-month period. Family leave may be taken for any one or more of the following reasons:
A. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of a domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee). In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employees’ child or child of the employee’s domestic partner.
B. In order to care for a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling of the employee who has a serious health condition.
C. The employee's own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.
D. Military family leave, which includes:
1. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending post-deployment reintegration briefings.
2. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.
a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.
Conditions covering the leave shall include the following:
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A. Eligible employee means having been employed by the City for twelve (12) months and has worked for at least 1,250 hours during the twelve-month period immediately preceding the commencement of the leave.
B. Medical verification is required for employee or ill family member for medical leave period.
C. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.
D. Employees are required to use accrued vacation as a part of the family leave period.
Use of sick leave is not required, but may be used pursuant to the applicable provisions of the Memorandum of Understanding.
E. Pregnancy disability is not covered under this section and is covered by the California Fair Employment and Housing Act which allows up to four (4) months of leave depending on the actual disability (see Section 14.01.02).
F. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purpose of longevity, and/or seniority. Upon return to work, employee will be reinstated to an equivalent position (same classification) with equivalent pay and benefits.
G. Any request for additional leave may be made pursuant to Section 14.01. Requests for leave time using multiple time off provisions may not exceed the total amount allowed pursuant to Section 14.01.
H. Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
I. Any other conditions or interpretations of the leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.
14.01.04 CONTINUATION OF INSURANCE BENEFITS DURING UNPAID LEAVES OF ABSENCE City-sponsored insurance benefits may be continued during unpaid leaves of absence under the following conditions:
A. Personal Leave
The City shall continue to pay benefit premiums during a personal leave of less than thirty (30) calendar days. For leaves of more than thirty (30) calendar days, employees may continue premium payments at their own cost, in accordance with appropriate PERS medical plan provisions.
B. Medical Leave
The City shall continue to pay benefit premiums during the entire length of a medical leave of absence.
C. Family Leave
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Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
14.02 PAID LEAVES OF ABSENCE
14.02.01 PAID BIRTH/ADOPTIVE LEAVE
An employee is entitled to forty-eight (48) hours leave with pay at or about the time of the birth of the employee’s child or at the time of adopting a child. The paid leave shall be within two (2) months of the birth or adoption. This leave will be considered a part of the time allotted to family leave as authorized in Section 14.01.03.
14.02.02 MILITARY LEAVE
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) days per year of paid leave for any active duty scheduled during the employee’s regular work hours (or 10 shifts per year for 24 hour personnel). The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty.
All other military leaves shall be granted pursuant to relevant state and federal statutes.
Employees who exhaust the paid leave benefits described above may take unpaid leave pursuant to Section 14.01.01and are not required to use vacation or other similar leave.
SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY
15.01 UNIFORMS
A. The City and Union agree unit employees will comply with departmental standards with regard to appearance and cleanliness. To this end, the City agrees to pay the cost of cleaning department authorized uniforms. For this purpose, the City will establish an account at a dry cleaning establishment located within the city of Santa Cruz. For its part, the Union agrees its members will a) deliver and retrieve uniforms from the dry cleaning establishment, and b) do so during non-working hours. However, under exceptional circumstances, subject to the approval of the Fire Chief or their representative, uniforms may be delivered or retrieved during working hours.
The City and Union believe it is counterproductive at this time to establish minimum or maximum number of cleanings authorized by this section. It is understood, however, the Fire Chief and/or Union will monitor this program and advise the other party if any problems materialize.
B. The City agrees to replace uniforms on an as-needed basis, as determined by the Fire Chief. It shall be the responsibility of each unit employee to arrange for purchasing, fitting, pick up, delivery, return, repair and control of uniform items.
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C. The parties agree that, for PERS reporting purposes, the value of the cleaning service is four hundred and sixty-eight dollars ($468.00) per year. Employees shall pay the employee PERS cost of the value of cleaning service. Such payment shall be made through a payroll deduction out of their paycheck each pay period. The amount of the deduction shall be determined by multiplying the employee’s PERS contribution rate by eighteen dollars ($18.00).
15.02 LINENS
The City agrees to provide clean sheets, pillow cases, and towels for use by unit employees every two shifts. The City agrees to retain a linen service to clean the aforementioned items.
15.03 PERSONAL PROPERTY
Employees will be reimbursed for the loss, repair or replacement of personal property damaged in the course of employment and performance of their assigned duties.
The option to repair or replace damaged items, and to determine whether replaced property will be returned to the employee, rests with the City.
The intent of this regulation is to permit reimbursement for the repair or replacement of such items as eyeglasses, hearing aids, dentures, watches or personal professional equipment if necessarily worn or carried by the employee in the course of their employment. Reimbursement shall be authorized only when the damage is caused by extraordinary circumstances, which arise out of employment, and not from normal hazards or ordinary wear and tear. This policy extends to both field and office personnel. A maximum of $75.00 per incident shall be paid for this purpose.
SECTION 16.00 - MISCELLANEOUS PROVISIONS
16.01 ADDITIONAL DUTIES
All Firefighters shall be expected to perform work as assigned by the Fire Chief or their designated representative in connection with or related to firefighting, its equipment, apparatus and attendant facilities; fire prevention duties; station housekeeping, maintenance and repair; and, such other duties which are reasonably related to the above.
16.02 MISCELLANEOUS EMPLOYMENT
No outside employment in conflict with firefighting duties or ordinances, Council resolutions or orders shall be allowed without the express permission of the Fire Chief or their designated representative. Notification of outside employment shall be made pursuant to Fire Department administrative directive.
16.03 PROMOTIONS
The City and the Union agree that it is desirable that a highly trained professional fire prevention, fire suppression and Marine Safety force should be developed and maintained. To that end, it is agreed that the Fire Chief or their designated representative shall assist personnel in the development and fulfillment of a training plan which helps them prepare for promotional
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positions as they become vacant.
16.04 LAYOFF POLICY & PROCEDURE
All Fire Department employees shall be subject to the layoff policy and procedure provided in this section.
16.04.01 LAYOFFS
The City reserves the right to reduce its workforce by layoff of employees for reasons of economy or changes in departmental operations. When one or more employees assigned to the same classification within a department are to be laid off, the order of layoff shall be as follows:
1. Casual, On-call
2. Temporary
3. Casual - Less-than-half-time
4. Probationary
5. Regular
The order of layoffs shall be governed by seniority in classification from the date of hire in the classified position.
16.04.02 BUMPING
Bumping is defined as a voluntary movement of an employee to be laid off from their current classification to a previously held lower classification or reclassified position held by an employee with less seniority. Bumping privileges may be exercised within the Fire Department. An employee with sufficient seniority to bump an employee in a lower classification shall bump the least senior person in that classification.
For bumping purposes, seniority shall be defined as time in the affected classification added to time in a directly related higher classification.
16.04.03 NOTIFICATION
Employees to be laid off shall be given not less than fifteen (15) working days written notice prior to the reduction in force. An employee wishing to bump to a lower classification shall provide written notice to the City within ten (10) days of receiving their layoff notice.
16.04.04 REINSTATEMENT
Should there be a vacancy in the classification from which an employee was laid off within thirty-six (36) months, the employee shall be eligible for reinstatement. It shall be the employee’s responsibility to notify the Human Resources Department of their current address.
Every effort shall be made to notify the affected individual of any reinstatement opportunity.
Reinstatement shall be in the reverse order of layoff.
16.05 CONSOLIDATION MERGER
The City agrees that it will give advance notice and provide the opportunity for the Union to
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meet and confer on the impact of any consolidation/and or merger which involves unit employees.
This section shall not restrict the rights of the department to relocate units, realign districts or to alter organization objectives of the merged departments. The Union will be involved in discussions authorized by the involved agencies concerning the merger as it relates to this agreement.
16.06 TUITION REIMBURSEMENT
The City shall reimburse employees up to $350 per fiscal year for tuition and books upon successful completion of City-approved college or university courses.
To be eligible for reimbursement, employees must receive approval of the Fire Chief prior to attending classes and comply with applicable department and City regulations.
16.07 CAPTAIN/ENGINEER PROMOTIONAL EXAM
When a promotional eligible list (as defined in the Personnel Rules and Regulations) is used to fill a Captain’s or Engineer’s position and that promotional list includes employees represented by this agreement, the Director of Human Resources shall certify the top five (5) eligibles, in alphabetical order, if there be that number, on the relevant promotional list to the Fire Chief. If there be more than one vacancy in the same class, the Director of Human Resources shall certify one additional eligible for each additional vacancy, if there be candidates available on the eligible list.
SECTION 17.00 - BENEFITS
17.01 MEDICAL PLAN/FLEXIBLE BENEFITS
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA). The City will provide a flexible benefits plan (“cafeteria plan”) to all eligible employees. If an employee elects to participate in a medical plan, the maximum monthly City contribution to the cafeteria plan is the cost of the Blue Shield Access+ HMO Plan (for the Bay Area/Sacramento region) less the following employee contribution amounts:
Employee Only: $96.00
Employee & One: $118.04
Family: $121.50
In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled. In no event will employees be credited with and receive cash back based on the plan chosen.
Each employee participating in a medical plan will make an additional $48.00 contribution per pay period towards the cost of health care benefits. This pre-tax contribution is made
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during pay periods where employee deductions for health care benefits are taken (24 pay periods).
17.01.01 MEDICAL WAIVER BENEFIT
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive $200 per month; part-time employees shall receive a pro-rated amount, based upon their fulltime equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pre-tax or post-tax optional benefits, or paid as a taxable cash benefit.
Employees receiving the medical waiver benefit must notify the Human Resources Department if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.
17.01.02 OPTIONAL BENEFITS
Through the cafeteria plan, employees may also enroll in the following optional benefits and elect to pay premiums on a pre-tax basis:
1. Medical reimbursement account (MRA)
2. Dependent care assistance plan (DCAP)
3. Cancer and Critical Illness Protection Insurance
Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:
1. Additional life insurance
2. Accident protection insurance
3. Long Term Care Insurance
17.02 DENTAL PLAN
The City shall provide a dental plan for employees and their eligible dependents at no premium cost to employees and with the following minimum benefit levels.
In-PPO Network Out-of-PPO Network (fees
charged are usually higher)
Annual Deductible $25 per person/$75 per
family per calendar year
$25 per person/$75 per
family per calendar year
Annual Benefit
Maximum
$1,500 per person $1,500 per person
Preventive 100% % of contract allowance
Basic Restoration
(Fillings, root canals)
80% % of contract allowance
Major Restoration
(crowns)
50% 50% of contract
allowance
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Orthodontia 50% up to $2,000 lifetime
maximum per person, up to
age 23
50% of contract allowance,
up to $2,000 lifetime
maximum per person, up to
age 23
17.03 VISION INSURANCE
The City shall provide a vision plan for employees and their eligible dependents at no premium cost to employees and with the following minimum benefit levels.
Co-pays $15.00 (does not apply to contacts)
Exam: 100% every 12 months
Prescription Lenses 100% every 12 months
Frames 100% up to $115 plus 20% off any out-of- pocket
costs ($65 at Walmart/Costco), every 24 months
Contacts 100% (in lieu of glasses) up to $100, every
12 months
17.04 RETIRED HEALTH PROGRAM
17.04.01 RETIREE MEDICAL/CALPERS MEDICAL PLAN
Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will continue a monthly contribution to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA), adjusted annually by CalPERS by the medical care component of the Consumer Price Index-Urban.
17.04.02 RETIREE MEDICAL INCENTIVE
In addition to the PEMHCA minimum monthly contribution that the City contributes for all employees in a CalPERS medical plan, employees currently on the City’s retiree medical plan and future covered employees who receive a retirement from CalPERS and have at least five (5) years of continued service with the City and are at least fifty (50) years of age will receive a retiree medical benefit in the amount of $112.04, per month. This benefit will continue as long as the employee continues CalPERS medical coverage through the City of Santa Cruz and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age.
Marine Safety Officers currently on the City’s retiree medical plan and future covered employees who receive a retirement from CalPERS and have at least five (5) years of continued service with the City and are at least fifty-five (55) years of age will receive a retiree medical benefit in the amount of one-hundred dollars ($100), per month. This benefit will continue as long as the employee continues CalPERS medical coverage through the City of Santa Cruz and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age.
Employees who retire with more than twenty (20) years of City service will have their medical
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incentive increased to 75% of the cost of the employee-only coverage of the highest CalPERS HMO plan from only among those plans available in Santa Cruz County at the time of ratification of this agreement (less the contribution listed in 17.04.01 (Retiree Medical/CalPERS Medical Plan).
17.04.03 DISABILITY RETIREMENT BEFORE ELIGIBLE AGE FOR SERVICE RETIREMENT With the exclusion of the Marine Safety Officer, upon disability retirement before attaining the minimum age to be eligible for service retirement, an employee shall be reimbursed for unused sick leave through the provision of the City’s retired health care plan for the employee only to the following limits, whichever occurs first: (1) up to the current value of the employee’s sick leave accrual; or (2) until such time as the employee obtains primary health care coverage under another plan; or (3) until the employee is eligible for Federal or State medical programs.
Once any of these limits are reached, the employee is no longer eligible for coverage under this plan.
The retiree shall notify the City in writing at such time as he/she is receiving primary coverage under another plan.
Two years after the date of retirement, if a retiree is still covered under the City’s plan, he/she must provide the City with an affidavit stating that he/she is not receiving primary coverage under another plan. If the retiree fails to provide such an affidavit, the City has the right to cancel coverage with 30 days written notice.
To be eligible for this Retired Health Care Plan, the employee must have an accrued sick leave balance of 144 hours as of the effective date of disability retirement.
If an employee is medically declared to be totally disabled, the City shall provide the retired health plan to that employee until he/she is eligible for Federal or State medical programs, regardless of the employee’s sick leave balance.
In all cases, retired employees may purchase coverage for their dependents under this plan as long as they, themselves, remain eligible and are insured under the plan.
17.05 LIFE INSURANCE
The City shall contribute the full cost toward the City-sponsored $30,000.00 basic term life insurance program.
17.06 LONG-TERM DISABILITY
The City shall contribute 80% of the premium cost of the Union-sponsored long-term disability program, provided said program offered through California Association of Professional Firefighters Plan A, requires a sixty-day elimination period prior to receipt of benefits by employee. These contributions shall be reported as income to the employee.
The City shall continue its 80% contribution for the term of this agreement; except that it shall not be obligated to pay in excess of $16.00 per month.
17.07 PRINCIPAL DOMESTIC PARTNERS
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The City will provide medical, dental, and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal Domestic Partners subject to eligibility requirements established either by CalPERS or the City and subject to tax regulations of the State of California and the Internal Revenue Service of the United States government.
17.08 RETIREE MEDICAL TRUST
The City acknowledges that the Union has entered into an agreement with the Medical Expense Reimbursement Plan of the California Firefighters Benefit Trust (hereafter, the “Trust”). The purpose of the Trust shall be to provide for retiree health expense reimbursement benefits. The Trust shall be, and remain separate and apart from any City health insurance funding program, unless changed by mutual agreement of the parties to this agreement.
A. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. The “Defined Class” of employees receiving contributions to the Trust as set forth below, consists of all members of Santa Cruz City Fire Department, Local 1716 B. EMPLOYEE CONTRIBUTION AMOUNT. The City and the Union agree that the City shall withhold a mandatory contribution of $50.00 per pay period on a pre-tax basis from the pay of every employee in the Defined Class who is a member of the bargaining unit represented by the Union and shall transmit such contributions to the Trust pursuant to the requirements in Section D below. No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash
C. EMPLOYER CONTRIBUTION AMOUNT. The Employer shall make a mandatory contribution of $50.00 per pay period on a pre-tax basis for every employee in the Defined Class. No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.
D. REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remitted on a “per pay period” basis in one aggregate ACH or wire transfer directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee.
The Employer hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein.
E. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust a monthly report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds.
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37 The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.
F. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE
AMOUNTS. The City and the Union agree that the Union has the right, subject to approval of its members according to the Union’s internal rules, to prospectively modify the amount of the mandatory employee monthly contribution (Section B), or to include the mandatory transfer of employee leave where an employee is eligible to receive a monetary payout of accrued leave during the course of this Agreement, so long as the modification is mandatory for all employees covered by this Agreement.
G. LIMITATION OF LIABILITY. The City and Union agree that the Union shall hold the City harmless for the City's actions related to this section and indemnify the City against any liability the City incurs as a result of this section, including but not limited to, its agreement to allow the Union to participate in a post-retirement healthcare trust and/or the City's processing of payroll deductions as set forth in this section.
SECTION 18.00 - GRIEVANCE PROCEDURE
18.01 PURPOSE
To assure prompt and fair treatment of employee grievances related to employment. Any employee covered by this Memorandum of Understanding may file a grievance.
18.02 DEFINITIONS
A grievance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Understanding or, the City’s Personnel Rules and Regulations.
18.03 LIMITATIONS
A. A grievant may be represented by any representative of their choosing in preparing and presenting a grievance.
B. No reprisal shall result against any employee who presents a bona fide grievance under this procedure.
C. Time limits may be extended by written mutual agreement of the parties. Absent such agreement, grievances may be advanced to the next step if time limits are not met.
D. A grievance shall be considered settled in favor of the other party if, at any step, a decision is not rendered or appealed within the specified time limit.
E. Only upon mutual written agreement between the parties may Step I of the grievance procedure be waived.
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38 F. Grievances may, by mutual agreement in writing, be referred back for further consideration or discussion to a prior Step, or advanced to a higher Step of the grievance procedure. If a grievance is moved either forward or backward to another Step, the time limits at that Step shall be controlling shall begin on the date the parties agree to the move.
18.04 CONSOLIDATION
Concurrent grievances alleging violation of the same provisions shall be consolidated for the purpose of this procedure as a single grievance.
18.05 PROCEDURES
18.05.01 STEP I
The grievant will first attempt to resolve the grievance through informal discussions with their immediate supervisor or other appropriate department personnel. These discussions must be initiated within ten (10) working days of when the employee knew, or reasonably should have known of the incident upon which the grievance is based. Meetings shall be scheduled in advance and the nature of the grievance stated when the appointment is made. Every attempt will be made by the parties to settle the issue at this level.
18.05.02 STEP II
If the grievance is not resolved through the informal discussions, the employee or their representative may within ten (10) workdays after the informal meeting, submit a written grievance to their department head.
The written grievance must contain in clear, factual and concise language:
1. Name of the grievant.
2. A brief statement as to the date, time and place of the occurrence on which the grievance is based and the facts as the grievant see them.
3. The specific provision of the M.O.U. or Personnel Rules and Regulations which the grievant alleges has been misinterpreted, misapplied or violated.
4. Steps taken toward informal resolution.
5. The action the grievant believes will resolve the grievance.
6. The name of any representative chosen by the grievant.
7. A copy of the written grievance, signed by the grievant, shall be presented at the time of the department head conference.
The Fire Chief or their designee shall hold a conference with the grievant within ten (10) workdays following receipt of the formal grievance. He/she shall prepare a written response within five (5) working days after the conference. Copies shall go to the parties involved including the employee’s representative and the Human Resources Department.
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39 18.05.03 STEP III
If the grievance is not resolved, the grievant may, within five (5) workdays following receipt of the Fire Chief’s or designee’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal. The grievance may also be appealed if the department head fails to respond within fifteen (15) workdays after submission of the formal grievance.
The City Manager or their representative shall set a hearing within ten (10) workdays of receiving the appeal. The grievant, their representative and other parties summoned by the City Manager or representative shall attend the hearing and present testimony or evidence concerning the grievance. The parties may bring a reasonable number of witnesses to the hearing.
The City manager or their representative shall render a written decision to all parties directly involved with fifteen (15) workdays following the hearing.
18.05.04 STEP IV
If the grievance is not resolved to the satisfaction of the employee at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided s/he so informs the City in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The Arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement, or to alter any wage rate or wage structure. The decision of the Arbitrator shall be rendered after the evidence and arguments are presented to him/her by the parties in the presence of each other and in post hearing briefs if necessary. The decision of the Arbitrator shall be final and binding upon the parties.
The Arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
The Arbitrator’s expenses, if any, shall be borne equally by the parties. Each party shall bear the cost of its own representation.
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40 SECTION 19.00 - DISCIPLINARY APPEALS PROCEDURE
19.01 DEFINITION
For the purposes of this article, disciplinary action shall mean suspension, demotion, disciplinary reduction in salary or discharge.
The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
19.02 PRE-ACTION PROCEDURE
19.02.01 STEP I
Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based.
The employee shall have the right to respond to the charges within five (5) workdays from receipt of the notice either orally, in writing, or both, to the Fire Chief. If the Fire Chief is personally involved in the initial investigation and notice process, the City Manager or Director of Human Resources shall appoint a designee to hear the response.
The employee may request an extension of the time to respond for justifiable reasons. Failure to respond within the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.
19.02.02 STEP II
Following a review of a proposed disciplinary action, the Fire Chief, within five (5) workdays of receiving employee’s response, shall render a written decision and send it by registered mail or personal delivery to the employee. A copy shall also be mailed to the employee’s representative.
The employee has the right, within five (5) workdays after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.
19.03 POST-ACTION APPEAL
19.03.01 STEP III
If the employee files a timely appeal, the City Manager shall, within five (5) workdays after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than five (5) workdays from the date the appeal was received.
The hearing officer may conduct such independent investigation of the matter as he/she deems necessary . to evaluate claims raised by the employee during the hearing. However, the hearing officer shall not initiate an investigation or introduce new factual findings that were
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41 not previously disclosed to the employee as part of the basis for their discipline, unless those facts were introduced by the employee during the hearing. In such cases, the hearing officer may include those facts solely to supplement the findings related to the employee’s claims.
The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) workdays following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
19.03.02 STEP IV
If the appeal is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately, thereafter, jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to him/her by the parties in the presence of each other and in post hearing briefs, if necessary.
The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
For disciplinary action which results in a suspension of three (3) days or less, the losing party shall pay for the cost of the arbitrator. For disciplinary action which results in a suspension of greater than three (3) days or demotion, reduction in salary or discharge, the arbitrator’s expenses shall be borne equally by the parties. In either case, each party shall bear the cost of its own representation.
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42 19.04 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
During the period of this Memorandum of Understanding, the City and Union agree to adopt and comply with the Firefighter Procedural Bill of Rights Act, codified as California Government Code §§ 3250-3262, effective January 1, 2008.
SECTION 20.00 - WRITTEN REPRIMANDS
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to the Fire Chief by filing an appeal to the Fire Chief within five (5) working days of receipt of the reprimand. The Fire Chief’s decision regarding the written reprimand shall be final.
SECTION 21.00 - SEVERABILITY
This Memorandum is subject to all current and future applicable Federal and State laws, State regulations, California Constitution, and City of Santa Cruz, Charter, Resolutions, or Ordinances.
Should any of the provisions herein contained be rendered or declared invalid by reason of any State or Federal legislation or court action, such invalidations of such part or portions of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect insofar as such remaining portions are severable.
SECTION 22.00 - RENEGOTIATIONS
If the Union desires to negotiate a successor M.O.U., then the Union shall serve upon the City during April of the final year of the M.O.U., its written request to begin negotiations as well as its written proposals modifying the M.O.U. Negotiations shall begin within thirty (30) days from the date of receipt by the City of such notice and proposals.
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43 SANTA CRUZ FIREFIGHTERS CITY OF SANTA CRUZ
I.A.F.F., LOCAL 1716
DATED: DATED:
Cody MuhlyEric Azarvand Lisa MurphySara De Leon
Nick HannaEddie Carlson T im Dav is
Ed Carlson
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4934-2011-3281 v1
December 15, 2025
SUCCESSOR MOU NEGOTIATIONS
Between
CITY OF SANTA CRUZ
And
FIRE MANAGEMENT ASSOCIATION OF THE CITY OF SANTA CRUZ
CITY’S TOTAL PACKAGE TENTATIVE AGREEMENT PROPOSAL #1
The City submits this Total Package Tentative Agreement Proposal #1 pursuant to ground rule 14.
A rejection of any one of the proposals set forth below will be deemed a rejection of the Total Package Proposal in its entirety. The City reserves the right to modify any of the below proposals based on any subsequent individual proposal or any additional subsequent Total Package Proposal.
1. TERM PROPOSAL
SECTION 1.00 TERM
The term of this Memorandum of Understanding shall commence the pay period beginning October 11, 2025 and shall expire the pay period ending June 30, 2028.
2. SALARY PROPOSAL
SECTION 12.03 SALARY
Effective October 1, 2022, the salaries for represented classifications will be increased by three and one quarter percent (3.25%).
Effective September 30, 2023, the salary for represented classifications will be increased by three percent (3.00%).
Effective September 28, 2024, the salary for represented classifications will be increased by five percent (5.0%).
Effective October 1, 2022, the salary for the Division Chief classification will be increased by two percent (2.0%).
Effective the pay period that begins on October 11, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by an additional two and one-quarter percent (2.25%).
Effective the pay period that begins on July 4, 2026, the salary for all bargaining unit members shall be increased by an additional two and one-quarter percent (2.25%).
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Effective the pay period that begins on July 3, 2027, the salary for all bargaining unit members shall be increased by an additional two and one-quarter percent (2.25%).
3. OPERATIONAL COMPENSATION/EMERGENCY CALLBACK PROPOSAL SECTION 12.05 OPERATIONAL COMPENSATION/EMERGENCY CALLBACK Operational Compensation – Battalion Chiefs Absence
Effective the pay period that begins July 4, 2026, if a Battalion Chief’s absence creates or contributes to overtime as a result of minimum staffing requirements, a Battalion Chief may be offered to work the absence or vacancy and be paid at one and one-half (1 ½) times the employee's current base rate of pay for actual hours worked outside the employee’sregular schedule. Battalion Chiefs and Division Chiefs may choose, in lieu of operational compensation payment, to have operational compensation hours worked converted to a compensatory time bank at the rate of one and one-half (1 ½) times the actual hours worked outside the employee's regular schedule. This provision is administered in accordance with Policy and Procedures Manual Article 5-26.
Emergency Call Back
In addition, Battalion Chief’s or Division Chiefs required to return to work for emergency call duty as determined by the Fire Chief, will be paid time and one-half of the employee’s current base rate of pay for actual hours worked outside the employee's regular schedule. Battalion Chiefs and Division Chiefs may choose, in lieu of operational compensation payment, to have operational compensation hours worked converted to a compensatory time bank at an equal rate of time and one-half.
Declared Emergencies
Battalion Chiefs and Division Chiefs will also be paid time and one-half of their current base rate of pay for actual hours worked outside the employee's regular schedule. If assigned to work for a declared disaster team or to provide coverage for Battalion Chiefs required to perform such duty.
Payment of time and one-half will be for those incidents which the City receives reimbursement from OES, FEMA, or other appropriate State or Federal agencies. Battalion Chiefs and Division Chiefs may choose, in lieu of operational compensation payment, to have operational compensation hours worked converted to a compensatory time bank at an equal rate of time and one-half.
Battalion Chiefs and Division Chiefs are designated as FLSA exempt and this compensation will not be considered PERS income, as it is considered additional duties.
Employees total compensatory time bank shall not exceed 120 hours. The use of compensatory time off shall be in accordance with Fire department policy 4-13 Vacation Selection Process For Shift Personnel. Employees must receive payment for all accrued and unused compensatory time at the time of employment separation or at the end of each calendar year.
4. SICK LEAVE PROPOSAL
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SECTION 14.00 - SICK LEAVE
14.01 Definition
The purpose of this section is to provide paid leave time to be used by employees in the event of a non-work related illness, injury, preventative healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, or the medical necessity of others as specified below. Sick leave shall not be construed to be a privilege which an employee may use at their discretion but shall be allowed only in case of necessity herein set forth.
14.02 Accrual
14.02.01 2 24-Hour Shift Personnel
All 24-hour shift personnel shall accrue sick leave at the rate of 16 hours for each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
4.02.02 40-Hours per Week Personnel
All 40-hour week shall accrue such leave at the rate of 8 hours for each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
14.02.03 Eligibility
Employees must be on paid status at least 50% of the working hours of a pay period to earn sick leave for that period.
5. SICK LEAVE INCENTIVE PROGRAM PROPOSAL
SECTION 14.04 SICK LEAVE INCENTIVE PROGRAM
City and Union agree to meet at a future date during the contract to address the Constructive Receipt issue in a separate proposal.
14.04.01 40 Hour and 56 Hour Per Week Employees
Earned sick leave hours may not be converted to cash and may be converted to CalPERS service credit upon retirement with the City of Santa Cruz.
In addition, employees may be allowed to ''bank" all hours in excess of 1,860.
Banked hours may not later be converted to cash and will be used as sick leave Docusign Envelope ID: 489B7B80-D298-4B21-B8A1-BA9D2F77DFA3
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only when all other sick leave is exhausted or be converted to CalPERS service credit upon retirement.
B. Vacation Conversion
Employees with 15 or more years of regular service and a minimum sick leave balance of 150 hours for 56-hour/week schedules may elect to convert sick leave to vacation time according to the following table:
Years of Service Maximum No. of Extra Vacation Hours
15-19 24/year
20-24 36/year
25+ 48/year
Department head approval is required prior to taking vacation, and converted hours are not allowed to accumulate from one calendar year to the next.
6. BEREAVEMENT LEAVE PROPOSAL
SECTION 16.00 BEREAVEMENT LEAVE
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee's ability to continue daily work performance.
In accordance with the California Family Rights Act (CFRA), employees who have been employed for at least thirty (30) days, are entitled to bereavement leave. Employees shall be granted up to five (5) working days (not necessarily consecutive days) of paid bereavement leave in a calendar year to attend to necessary obligations and commitments related to the death of a family member (i.e., the employee’s spouse, registered domestic partner, child, stepchild, parent, stepparent, sibling, grandparent, parent-in-law, or sibling-in-law). In accordance with the California Family Rights Act (CFRA), employees will also be granted up to five (5) working days (not necessarily consecutive days) of unpaid bereavement leave for any additional obligations or commitments related to the death of a family member. An employee may use vacation, sick leave, and/or compensatory time off in addition to the five (5) days of paid bereavement leave, subject to approval from the Fire Chief. Employees may elect to use available sick leave, vacation leave, or other types of paid leave in order to receive pay during unpaid bereavement leave.
7. PREGNANCY DISABILITY LEAVE PROPOSAL
SECTION 17.02.02 PREGNANCY DISABILITY LEAVE
An employee may take a leave of absence up to four (4) months in length for the purpose of pregnancy disability leave. The City may request a license medical practitioner's opinion regarding any work restrictions that may exist prior to or after delivery.
Requests for pregnancy disability leave must be made in writing to the Fire Chief at least thirty (30) days in advance of the anticipated starting date. Such request must include specific begin and Docusign Envelope ID: 489B7B80-D298-4B21-B8A1-BA9D2F77DFA3
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end dates for the leave. Starting dates should be as accurate as possible barring any unforeseen medical issues related to the pregnancy or earlier or later birth than expected. Any requests for extension of pregnancy disability leave must be made in writing to the Fire Chief at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to use any appropriate paid leave either before or after an approved pregnancy disability leave, within the use limitations of those leave provisions.
Any additional post-partum leave may be approved by the City Manager or his designee after consideration of the nature of the request and the operational needs of the department.
8. LONG-TERM DISABILITY PROPOSAL
18.08 Long Term Disability Insurance
The City shall contribute full cost of the City-sponsored long-term disability program. The maximum monthly benefit shall be at least $10,000.
9. DISCIPLINARY APPEALS PROCEDURE PROPOSAL
SECTION 24.00 DISCIPLINARY APPEALS PROCEDURE
24.01 Definition
Disciplinary action shall mean written reprimand, suspension (as authorized by FLSA), demotion, disciplinary reduction in salary, or discharge. The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
24.02 Pre-Action Procedure
24.02.01 Step I
Prior to imposing disciplinary action which would result in a loss of salary, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date, the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based. The employee shall have the right to respond to the charges within five ( 5) workdays from receipt of the notice either orally, in writing, or both to the Fire Chief.
The employee may request an extension of the time to respond for justifiable reasons.
Failure to respond within the time specified will result in the employee's waiver of their procedural rights and final action will be taken.
24.02.02 Step II
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Following a review of a proposed disciplinary action the Fire Chief, within ten (10) workdays of receiving employee's response, shall render a written decision and send it by registered mail or personal delivery to the employee. A copy shall also be mailed to the employee's representative. The written decision will include the effective date of the disciplinary action.
The employee has the right, within ten (10) workdays after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the applicant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.
24.03 Post-Action Appeal
24.03.01 Step III
If the employee files a timely appeal, the City Manager shall, within ten (10) workdays after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than ten (10) workdays from the date the appeal is received. The hearing date itself is not required within this timeframe.
The hearing officer may conduct such independent investigation of the matter as they deem necessary to evaluate claims raised by the employee during the hearing. However, the hearing officer shall not initiate an investigation or introduce new factual findings that were not previously disclosed to the employee as part of the basis for their discipline, unless those facts were introduced by the employee during the hearing. In such cases, the hearing officer may include those facts solely to supplement the findings related to the employee’s claims. The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) workdays following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
For discipline equivalent to the severity of suspension (as authorized by FLSA) of one (1) week or less, or leave balance reduction of one (1) week or less, there shall be no appeal beyond Step III and the City Manager's decision shall be final.
24.03.02 Step IV
If the appeal (except as exempted above) is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to Docusign Envelope ID: 489B7B80-D298-4B21-B8A1-BA9D2F77DFA3
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a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager's decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately, thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon the parties shall within five ( 5) days after receipt of the list of names, alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post hearing briefs, if necessary.
The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing. The arbitrator's expenses shall be borne equally by the parties. Each party shall bear the cost of its own representation.
24.04 Firefighter Procedural Bill of Rights Act
During the period of this Memorandum of Understanding, the City and Association agree to adopt and comply with the Firefighter Procedural Bill of Rights, codified at California Government Code§§ 3250-3262, effective January 1, 2008.
10. TENTATIVE AGREEMENTS
Individual Tentative Agreements: The Parties also mutually agree to incorporate the individual tentative agreements signed by their respective bargaining teams during these negotiations for a successor MOU. All proposals exchanged by the Parties that are not included in a signed tentative agreement are hereby withdrawn.
For the City of Santa Cruz For the Fire Management Association of the City of Santa Cruz
________________________________
Sara De Leon, Lead Negotiator
____________________________________
Joshua Coleman, Lead Negotiator
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Date: Date:
________________________________
Timothy L. Davis, Co- Lead Negotiator
Date:
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1/13/2026
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City Council
AGENDA REPORT
DATE: 01/21/2026
AGENDA OF: 02/10/2026
DEPARTMENT: Human Resources
SUBJECT: 2025-2028 City of Santa Cruz International Association of Firefighters, Local 1716, Successor Memorandum of Understanding (HR)
LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution adopting successor Memorandum of Understanding between the City of Santa Cruz and the Fire Management Association effective October 11, 2025 through June 30, 2028.
BACKGROUND: Having met and conferred in good faith in accordance with the MMBA, the City and International Association of Firefighters, Local 1716 have reached a Total Tentative Agreement on a successor Memorandum of Understanding (MOU) for a term of just under two years and nine months. On November 18, 2025 City Council adopted the Total Tentative Agreement between the City of Santa Cruz and International Association of Firefighters, Local 1716 (Local 1716).
DISCUSSION: As directed by Council on November 18, 2025, staff brings this item before the Council for adoption of the successor MOU for Local 1716 in its entirety.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.
HEALTH IN ALL POLICIES (HiAP): Approval of the successor MOU aligns with the Public Health pillar of HiAP in that it supports workforce stability in critical public safety roles, ensuring continuity of emergency medical, fire suppression, and prevention services that protect community health and safety.
FISCAL IMPACT:
1. The recommendation in this report impacts the General Fund: Yes
2. This recommendation requires a budget adjustment: Yes
3. The recommendation creates an on-going expenditure commitment: Yes FISCAL IMPACT DESCRIPTION: Additional appropriations to account for the cost of these compensation and benefit changes will be brought comprehensively to City Council in the FY 2026 midyear budget adjustment in February 2026 and as part of FY 2027 budget.
14.1 Prepared and Submitted By:
Sara De Leon
HR Director
Approved By:
Matt Huffaker
City Manager
ATTACHMENTS:
1. FIREFIGHTERS RESOLUTION.DOCX
2. FIRE TENTATIVE AGREEMENT SECTION 10.03.03 TIER III RETIREMENT.PDF
3. FIRE TENTATIVE AGREEMENT SECTION 19.00 DISCIPLINARY APPEALS PROCEDURE.PDF
4. FIRE TENTATIVE AGREEMENT SECTION 10.07 HOLIDAYS.PDF
5. FIRE TENTATIVE AGREEMENT SECTION 14.01.02 PREGNANCY DISABILITY LEAVE.PDF
6. FIRE TENTATIVE AGREEMENT SECTION 13.00 BEREAVEMENT LEAVE.PDF
7. FIRE TOTAL TENTATIVE AGREEMENT.PDF
8. FIRE MOU 2025-2028 CLEAN.PDF
9. FIRE MOU 2025-2028 TRACK CHANGES.PDF
14.2 RESOLUTION NO. NS-XX,XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE 2025-2028 SUCCESSOR MEORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1716
WHEREAS, representatives of the City of Santa Cruz and International Association of Firefighters, Local 1716 (“Local 1716”) have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding a successor Memorandum of Understanding; and WHEREAS, the City and Local 1716 reached a Total Tentative agreement, comprised of individual Tentative Agreements, addressing wages, hours, and other terms and conditions of employment; and
WHEREAS, the parties have prepared a successor Memorandum of Understanding for the term September 27, 2025 through July 3, 2028, which incorporates and memorializes all Councilapproved Tentative Agreements; and WHEREAS, the successor Memorandum of Understanding is attached hereto as Exhibit A and reflects no changes beyond those previously approved by the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the 2025-2028 Successor Memorandum of Understanding between the City of Santa Cruz and Local 1716, effective September 27, 2025 through July 3, 2028, is hereby approved.
PASSED AND ADOPTED this 10th day of February, 2026 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
14.3 4929-0968-1764 v1
August 29, 2025
SUCCESSOR MOU NEGOTIATIONS
Between
CITY OF SANTA CRUZ
And
CITY OF SANTA CRUZ SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716 TENTATIVE AGREEMENT – SECTION 10.03 RETIREMENT
TENTATIVE AGREEMENT PURSUANT TO GROUND RULE 14
SECTION 10.03.03 EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 (TIER III)
This section 10.03.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.03 shall be based on the employee’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 2.7% @ 57 Pension Formula
The 2.7% @ 57pension formula shall be available to all employees covered by this section 10.03.03 who are contributing new members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.03.
Employees covered by this section 10.03.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.
C. Required Employee Contribution
Members covered by this section 10.03.03 will contribute the employee contribution amount established by CalPERS for their 2.7% at 57 pension formula.
The required contribution amount as of the date of this MOU is 12.75%.
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.
D. Additional Required Employee Contribution
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14.4 4929-0968-1764 v1
In addition to the required employee contribution, starting with the pay period beginning July 6, 2013 members covered by this section 10.03.03 will contribute an additional 3.0% (total 15.75%).
For the City of Santa Cruz: For the Local:
________________________________
Sara De Leon, Lead Negotiator
Date Signed:
____________________________________
Eric Azarvand, Co- Lead Negotiator
Date Signed:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date Signed:
____________________________________
Ray Ramirez, Co- Lead Negotiator
Date Signed:
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9/4/2025
9/4/2025
9/4/2025
14.5 4910-6759-5876 v1
August 29, 2025
SUCCESSOR MOU NEGOTIATIONS
Between
CITY OF SANTA CRUZ
And
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
CITY’S COUNTER PROPOSAL – SECTION 19.00 DISCIPLINARY APPEALS
PROCEDURE
19.01 Definition
For the purposes of this article, disciplinary action shall mean suspension, demotion, disciplinary reduction in salary or discharge.
The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
19.02 Pre-Action Procedure
19.02.01 Step I
Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based. The employee shall have the right to respond to the charges within five (5) workdays from receipt of the notice either orally, in writing, or both, to the Fire Chief. If the Fire Chief is personally involved in the initial investigation and notice process, the City Manager or Director of Human Resources shall appoint a designee to hear the response.
The employee may request an extension of the time to respond for justifiable reasons.
Failure to respond within the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.
19.02.02 Step II
Following a review of a proposed disciplinary action, the Fire Chief, within five (5) workdays of receiving employee’s response, shall render a written decision and send it by personal delivery to the employee. A copy shall also be mailed to the employee’s representative.
Docusign Envelope ID: 041C41A0-6FA2-4EA9-8CC8-ADB3DD7B8990
14.6 4910-6759-5876 v1
The employee has the right, within five (5) workdays after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.
19.03 Post-Action Appeal
19.03.01 Step III
If the employee files a timely appeal, the City Manager shall, within five (5) workdays after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than five (5) workdays from the date the appeal was received.
The hearing officer may conduct such independent investigation of the matter as they deem necessary to evaluate claims raised by the employee during the hearing. However, the hearing officer shall not initiate an investigation or introduce new factual findings that were not previously disclosed to the employee as part of the basis for their discipline, unless those facts were introduced by the employee during the hearing. In such cases, the hearing officer may include those facts solely to supplement the findings related to the employee’s claims. The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) workdays following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
19.03.02 Step IV
If the appeal is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately, thereafter, jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on Docusign Envelope ID: 041C41A0-6FA2-4EA9-8CC8-ADB3DD7B8990
14.7 4910-6759-5876 v1
the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike one (1) name from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to him/her by the parties in the presence of each other and in post hearing briefs, if necessary. The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
For disciplinary action which results in a suspension of greater than three (3) days or demotion, reduction in salary or discharge, the arbitrator’s expenses shall be borne equally by the parties. In either case, each party shall bear the cost of its own representation.
For the City of Santa Cruz: For the Local:
________________________________
Sara De Leon, Lead Negotiator
Date Signed:
____________________________________
Eric Azarvand, Co- Lead Negotiator
Date Signed:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date Signed:
____________________________________
Ray Ramirez, Co- Lead Negotiator
Date Signed:
Docusign Envelope ID: 041C41A0-6FA2-4EA9-8CC8-ADB3DD7B8990 9/8/2025
9/4/2025
9/4/2025
9/4/2025
14.8 4910-7184-3684 v1
August 29, 2025
SUCCESSOR MOU NEGOTIATIONS
Between
CITY OF SANTA CRUZ
And
CITY OF SANTA CRUZ FIREFIGHTERS,I.A.F.F. LOCAL 1716
TENTATIVE AGREEMENT – SECTION 10.07 HOLIDAYS
TENTATIVE AGREEMENT PURSUANT TO GROUND RULE 14
SECTION 10.07 HOLIDAYS
10.07.01 56-Hour per Week Employees
This is additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays
as identified in section 10.07.03 , employees shall accrue holiday pay up to a maximum of two-hundred and eighty-eight (288) hours per calendar year, at a rate of 11.08 hours per pay period.
Pursuant to Fire Department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D), employees may use accrued holiday leave. Alternately, holidays shall be paid at the employee’s base hourly rate. Any accrued and unused holiday pay shall be issued on the first pay period in June and again for all accrued and unused hours on the first pay period in December.
Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed two-hundred and eighty-eight (288) hours.
10.07.02 40-Hour per Week Employees
This is additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays as identified in Section 10.07.03 employees shall accrue holiday pay up to a maximum of ninety-six (96) hours per calendar year, at a rate of 3.69 hours per pay period.
Pursuant to City policy, employees may use accrued holiday leave. Alternately, holidays shall be paid at the employee’s base hourly rate. Any accrued and unused holiday pay shall be issued on the first pay period in June and again for all accrued and unused hours on the first pay period in December.
Docusign Envelope ID: 308B07B8-F320-44F2-BB7F-8ADCDA3CFB4D
14.9 4910-7184-3684 v1
Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed ninety-six (96) hours.
In addition, 40-hour per week employees shall accrue up to twenty-four (24) hours of floating holiday per fiscal year. Floating Holiday accrual will be on a monthly basis. Fulltime employees shall accrue floating holiday at the rate of two (2) hours per month. Parttime employees shall accrue floating holiday on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive one (1) hour of floating holiday each month).
Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued floating holiday.
Accumulation of floating holidays shall not exceed twenty-four (24) hours.
10.07.03 Fixed Holidays
Employees within the unit shall have the following specific holidays with pay:
Twelve (12) 24 Hour Holidays for 56-Hour per Week Employees Twelve (12) 8 Hour Holidays for 40-Hour per Week Employees New Year’s Day
Martin Luther King’s Birthday
Cesar Chavez
Presidents’ Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Docusign Envelope ID: 308B07B8-F320-44F2-BB7F-8ADCDA3CFB4D
14.10 4910-7184-3684 v1
For the City of Santa Cruz: For the Local:
________________________________
Sara De Leon, Lead Negotiator
Date Signed:
____________________________________
Eric Azarvand, Co- Lead Negotiator
Date Signed:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date Signed:
____________________________________
Ray Ramirez, Co- Lead Negotiator
Date Signed:
Docusign Envelope ID: 308B07B8-F320-44F2-BB7F-8ADCDA3CFB4D 9/8/2025
9/4/2025
9/4/2025
9/4/2025
14.11 4914-3302-4100 v1
August 29, 2025
SUCCESSOR MOU NEGOTIATIONS
Between
CITY OF SANTA CRUZ
And
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
TENTATIVE AGREEMENT – SECTION 14.01.02 PREGNANCY DISABILITY LEAVE TENTATIVE AGREEMENT PURSUANT TO GROUND RULE 14
14.01.02 Pregnancy Disability Leave
An employee may take a leave of absence up to four (4) months in length for the purpose of pregnancy disability leave. The City may request a licensed medical practitioner’s opinion regarding any work restrictions that may exist prior to or after delivery.
Requests for pregnancy disability leave must be made in writing to the Fire Chief at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible, barring any unforeseen medical issues related to the pregnancy or earlier or later birth than expected. Any requests for extension of pregnancy disability leave must be made in writing to the Fire Chief at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to use any appropriate paid leave either before or after an approved pregnancy disability leave, within the use limitations of those leave provisions.
Any additional post-partum leave may be approved by the Human Resources Director or their designee after consideration of the nature of the request and the operational needs of the department.
Upon conclusion of an approved Pregnancy Disability Leave, the employee shall be reinstated to the same position held prior to the leave, or to a comparable position with equivalent pay, benefits, and dutiesin accordance with State and Federal laws.
Docusign Envelope ID: 93348A73-C70E-4415-A048-9A389E67C371
14.12 4914-3302-4100 v1
For the City of Santa Cruz: For the Local:
________________________________
Sara De Leon, Lead Negotiator
Date Signed:
____________________________________
Eric Azarvand, Co- Lead Negotiator
Date Signed:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date Signed:
____________________________________
Ray Ramirez, Co- Lead Negotiator
Date Signed:
Docusign Envelope ID: 93348A73-C70E-4415-A048-9A389E67C371 9/8/2025
9/4/2025
9/4/2025
9/4/2025
14.13 August 29, 2025
SUCCESSOR MOU NEGOTIATIONS
Between
CITY OF SANTA CRUZ
And
CITY OF SANTA CRUZ FIREFIGHTERS,I.A.F.F. LOCAL 1716
TENTATIVE AGREEMENT– SECTION 13.00 BEREAVEMENT LEAVE
TENTATIVE AGREEMENT PURSUANT TO GROUND RULE 14
SECTION 13.00 – BEREAVEMENT LEAVE
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee’s ability to continue daily work performance.
Employees who have been employed for at least thirty (30) days are entitled to bereavement leave in the event of the death of an employee’s spouse, domestic partner, child (including stepchild & foster care child), parent, grandparent, grandchild, sibling, aunt, uncle, first cousin, and the spouse/domestic partner’s child, parent, grandparent, grandchild, brother, sister, sibling or a close relation residing in the employee’s household.
In rare cases when the employee and the deceased have no legal relationship other than a foster or step-parent the Human Resources Director or their designee has the discretion to approve that leave upon application.
56-Hour Work Week Employees
56-hour employees shall receive up to forty-eight (48) hours of paid bereavement leave per incident. 40-Hour Work Week Employees
40-hour employees shall receive up to forty (40) hours of paid bereavement leave per incident. 56-Hour and 40-Hour Employees
The use of paid bereavement leave shall not be charged against any of the employees leave banks. If the employee wishes to take additional days off in addition to the paid bereavement leave provided, as outlined above, to attend to the loss of a family member, the employee may take unpaid leave or use vacation, sick leave or compensatory time off that is otherwise available to the employee.
Docusign Envelope ID: 53E032A9-4B79-493D-9421-B319FE81B8E1
14.14 Days of bereavement leave used need not be consecutive but must be completed within ninety (90) days of the date of the death of the employee’s family member.
As soon as practicable, an employee who needs to use bereavement leave shall notify the Human Resources Director or their designee in the format defined by the Human Resources Department, such as electronic transmittal.
The HR Director or their designee may, within thirty days of the first day of the leave, require that an employee provide documentation of the death of the family member. Documentation includes but is not limited to a death certificate, a published obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
For the City: For the Association:
_________________________ _________________________
Sara De Leon , Lead Negotiator Eric Azarvand, Lead Negotiator Date: Date:
_________________________ _________________________
Timothy L. Davis , Co-Lead Negotiator Eddie Carlson, Co-Lead Negotiator, Local 1716 President
Date: Date:
Docusign Envelope ID: 53E032A9-4B79-493D-9421-B319FE81B8E1 11/17/2025
11/14/2025 11/14/2025
11/14/2025
14.15 14.16
14.17 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ
AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 27, 2025-June 30, 2028
14.18 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 27, 2025 – June 30, 2028
Contents
SECTION 1.00 - TERM ................................................................................................................................... 1 SECTION 2.00 - PREAMBLE ......................................................................................................................... 1 SECTION 3.00 - NO ABROGATION OF RIGHTS ........................................................................................ 1 SECTION 4.00 - UNION/MANAGEMENT RELATIONS............................................................................. 1
4.01 Association Use of City E-Mail System .......................................................................................... 1 SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP ....................................................................... 2
5.01 Recognition ...................................................................................................................................... 2
5.02 Payroll Deduction ............................................................................................................................ 2
5.02.01 Payroll Deductions ................................................................................................................. 2
5.02.02 Union’s Certification ............................................................................................................. 2
5.03 Indemnification ..................................................................................................................................... 3
5.04 Union Notification ........................................................................................................................... 3 SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER ................................................ 3 SECTION 7.00 - NO DISCRIMINATION ...................................................................................................... 4 SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS .......................................................................... 4
8.01 56 Hour/Week Schedule .................................................................................................................. 4
8.01.01 Work Week ............................................................................................................................ 4
8.01.02 Shifts ...................................................................................................................................... 4
8.01.03 Time Released ........................................................................................................................ 4
8.02 40 Hour/Week Schedule .................................................................................................................. 4
8.02.01 Work Week ............................................................................................................................ 4
8.02.02 Schedule ................................................................................................................................. 4
8.03 Job Assignment ................................................................................................................................ 5
8.03.01 Fire Prevention Assignment ................................................................................................... 5
8.03.02 Marine Rescue Captain Assignment ...................................................................................... 5
8.04 Staffing ............................................................................................................................................ 5
8.05 Shift and Station Bidding ................................................................................................................ 5
8.06 Vacancy Bidding ............................................................................................................................. 5
14.19 8.08 Marine Safety Officer Shift Differential .......................................................................................... 5 SECTION 9.00 - PERSONNEL ACTION ....................................................................................................... 6
9.01 Performance Evaluations ................................................................................................................. 6
9.02 Probation .......................................................................................................................................... 6
9.02.01 Probationary Period ............................................................................................................... 6
9.02.02 Objective of Probationary Period ........................................................................................... 6
9.02.03 Rejection of Probationary Employee ..................................................................................... 7
9.02.04 Extension of Probation ........................................................................................................... 7
9.03 Personnel Files ................................................................................................................................. 7 SECTION 10.00 - PAY RATES AND PRACTICES ....................................................................................... 7
10.01 Salary Steps ................................................................................................................................. 7
10.01.01 Salary Rates Upon Appointment ....................................................................................... 7
10.01.02 Advancement Within the Range ........................................................................................ 7
10.02 Salary ........................................................................................................................................... 8
10.03 P.E.R.S. ....................................................................................................................................... 9
10.03.01 Employees Hired on or Before September 2, 2011 (Tier I) ............................................... 9
10.03.02 Employees Hired On or After September 3, 2011 (Tier II) ............................................... 9
10.03.03 Employees Hired On or After January 1, 2013 (Tier III) ................................................ 10
10.03.04 Retirement, All Employees .............................................................................................. 10
10.03.05 Sick Leave Conversion .................................................................................................... 11
10.04 Overtime .................................................................................................................................... 11
10.04.01 56-Hour Work Week ....................................................................................................... 11
10.04.02 40-Hour Work Week ....................................................................................................... 12
10.05 Marine Safety Officer CalPERS ................................................................................................ 12
10.06 Call Back ................................................................................................................................... 12
10.06.01 Marine Safety Officer Call-Back ..................................................................................... 12
10.06.01.01 Callback by Phone or Computer ................................................................................. 12
10.06.01.02 Callback to Worksite .................................................................................................. 13
10.07 Holidays .................................................................................................................................... 13
10.07.01 56-Hour per Week Employees ........................................................................................ 13
10.07.02 40-Hour per Week Employees ........................................................................................ 14
10.07.03 Marine Safety Officer Holidays ...................................... Error! Bookmark not defined.
10.07.03.01 Fixed Holidays ............................................................................................................ 14
14.20 10.08 Working Out of Classification .................................................................................................. 15
10.09 Special Project Pay .................................................................................................................... 15
10.10 Special Detail ............................................................................................................................ 16
10.11 Bilingual Pay ............................................................................................................................. 16
10.12 Education Incentive ................................................................................................................... 16
10.13 Longevity .................................................................................................................................. 17
10.14 Paramedic Program ................................................................................................................... 18
10.15 Emergency Medical Technician ................................................................................................ 18
10.16 Paramedic Premium Pay for Marine Safety Administrative Captain ........................................ 18
10.17 Rescue Swimmer Assignment and Compensation .................................................................... 18
10.18 Haz-Mat Technician Assignment and Compensation ............................................................... 19
10.19 On-Call Fire Investigator Assignment and Compensation ........................................................ 19 SECTION 11.00 - SICK LEAVE ................................................................................................................... 19
11.01 Definition .................................................................................................................................. 19
11.02 Accrual ...................................................................................................................................... 19
11.02.01 24-Hour Shift Personnel .................................................................................................. 19
11.02.02 40-Hour per Week Personnel .......................................................................................... 20
11.02.03 Paid Status ....................................................................................................................... 20
11.03 Limitations ................................................................................................................................ 20
11.04 Sick Leave Incentive ................................................................................................................. 20
11.04.01 56-Hour per Week Employees ........................................................................................ 20
11.04.02 40-Hour per Week Employees ........................................................................................ 21 SECTION 12.00 - VACATION ...................................................................................................................... 21
12.01 Accrual ...................................................................................................................................... 21
12.01.01 40-hour/week schedules .................................................................................................. 21
12.01.02 56-hours/week schedules ................................................................................................. 21
12.02 Illness During Vacation ............................................................................................................. 22
12.03 Union Leave Bank ..................................................................................................................... 22 SECTION 13.00 - BEREAVEMENT LEAVE ............................................................................................... 23
13.01 Marine Safety Officer Bereavement Leave .............................................................................. 24 SECTION 14.00 - LEAVES OF ABSENCE .................................................................................................. 24
14.01 Unpaid Leaves of Absence ........................................................................................................ 24
14.01.01 Medical or Personal Leave .............................................................................................. 24
14.21 14.01.02 Pregnancy Disability Leave ............................................................................................. 25
14.01.03 Family Leave ................................................................................................................... 25
14.01.04 Continuation of Insurance Benefits During Unpaid Leaves of Absence ......................... 27
14.02 Paid Leaves of Absence ............................................................................................................ 27
14.02.01 Paid Birth/Adoptive Leave .............................................................................................. 27
14.02.02 Military Leave ................................................................................................................. 28 SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY ................................................ 28
15.01 Uniforms ................................................................................................................................... 28
15.02 Linens ........................................................................................................................................ 28
15.03 Personal Property ...................................................................................................................... 28 SECTION 16.00 - MISCELLANEOUS PROVISIONS ................................................................................. 29
16.01 Additional Duties ...................................................................................................................... 29
16.02 Miscellaneous Employment ...................................................................................................... 29
16.03 Promotions ................................................................................................................................ 29
16.04 Layoff Policy & Procedure........................................................................................................ 29
16.04.01 Layoffs ............................................................................................................................. 29
16.04.02 Bumping .......................................................................................................................... 30
16.04.03 Notification ...................................................................................................................... 30
16.04.04 Reinstatement .................................................................................................................. 30
16.05 Consolidation Merger ................................................................................................................ 30
16.06 Tuition Reimbursement ............................................................................................................. 30
16.07 Captain/Engineer Promotional Exam ........................................................................................ 30 SECTION 17.00 - BENEFITS ........................................................................................................................ 31
17.01 Medical Plan/Flexible Benefits ................................................................................................. 31
17.01.01 Medical Waiver Benefit ................................................................................................... 31
17.01.02 Optional Benefits ............................................................................................................. 31
17.02 Dental Plan ................................................................................................................................ 32
17.03 Vision Insurance ........................................................................................................................ 32
17.04 Retired Health Program ............................................................................................................. 32
17.04.01 Retiree Medical/CalPERS Medical Plan ......................................................................... 32
17.04.02 Retiree Medical Incentive ................................................................................................ 33
17.04.03 Disability Retirement before Eligible Age for Service Retirement ................................. 33
17.05 Life Insurance ............................................................................................................................ 34
14.22 17.06 Long-Term Disability ................................................................................................................ 34
17.07 Principal Domestic Partners ...................................................................................................... 34
17.08 Retiree Medical Trust ................................................................................................................ 34 SECTION 18.00 - GRIEVANCE PROCEDURE ........................................................................................... 35
18.01 Purpose ...................................................................................................................................... 35
18.02 Definitions ................................................................................................................................. 36
18.03 Limitations ................................................................................................................................ 36
18.04 Consolidation ............................................................................................................................ 36
18.05 Procedures ................................................................................................................................. 36
18.05.01 Step I ................................................................................................................................ 36
18.05.02 Step II .............................................................................................................................. 36
18.05.03 Step III ............................................................................................................................. 37
18.05.04 Step IV ............................................................................................................................ 37 SECTION 19.00 - DISCIPLINARY APPEALS PROCEDURE .................................................................... 38
19.01 Definition .................................................................................................................................. 38
19.02 Pre-Action Procedure ................................................................................................................ 38
19.02.01 Step I ................................................................................................................................ 38
19.02.02 Step II .............................................................................................................................. 39
19.03 Post-Action Appeal ................................................................................................................... 39
19.03.01 Step III ............................................................................................................................. 39
19.03.02 Step IV ............................................................................................................................. 39
19.04 Firefighters Procedural Bill of Rights Act ................................................................................ 40 SECTION 20.00 - WRITTEN REPRIMANDS .............................................................................................. 40 SECTION 21.00 - SEVERABILITY .............................................................................................................. 40 SECTION 22.00 - RENEGOTIATIONS ........................................................................................................ 41 EXHIBIT A: Statement of Equal Employment Opportunity and Non-Discrimination Policy EXHIBIT B: Discrimination/Harassment Policy Implementation and Complaint Procedure EXHIBIT C: Section 7k Work Periods and Maximum Non-Overtime Hours
14.23 EXHIBIT D: Santa Cruz Fire Department Policy & Procedures Manual Section 4-13 Vacation Selection Process for Shift Personnel (September 21, 2015) EXHIBIT E: Salary Schedule
EXHIBIT F: Respectful Workplace Conduct Policy
EXHIBIT G: California Firefighters Benefit Trust Joinder Agreement for Association
14.24 1
MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 27, 2022 – June 30, 2028
SECTION 1.00 - TERM
The term of this Memorandum of Understanding (Memorandum) shall commence September 27, 2025 and expire on June 30, 2028.
SECTION 2.00 - PREAMBLE
This Memorandum is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the Santa Cruz Firefighters, I.A.F.F. Local 1716 (hereinafter referred to as the Union). For the purpose of this Memorandum, employee shall mean a regular, full-time Firefighter, Fire Engineer, Fire Captain, Deputy Fire Marshal, or Fire Prevention Inspector(s) and Marine Safety Officer(s). This Memorandum is subject to Sections 3500-3510 of the Government Code of the State of California, the City of Santa Cruz Charter and Municipal Code, and the Santa Cruz Personnel Rules and Regulations.
SECTION 3.00 - NO ABROGATION OF RIGHTS
The parties acknowledge that the City’s responsibilities and rights as indicated in a) Article XI of the Charter, b) current Article 1, Section 1, (Appendix A) of the City’s Personnel Rules and Regulations, and c) all applicable State or Municipal laws are neither abrogated nor made subject to the meet and confer process by approval of the terms of this Memorandum. The parties further acknowledge the rights of employees are neither abrogated nor diminished by the adoption of this Memorandum.
SECTION 4.00 - UNION/MANAGEMENT RELATIONS
A. The Union and management recognize their obligation to provide services of the highest quality and efficiency. To this end, the City and the Union affirm their joint responsibility to endeavor to promote harmonious labor/management relations.
B. The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use safeguards, devices and practices, reasonably adequate to render employment safe. The Union agrees to assist the City by working in concert with management to encourage employees to work safely.
4.01 ASSOCIATION USE OF CITY E-MAIL SYSTEM
The Union may be permitted to use City e-mail for the following purposes:
o Notice of Union meetings and agendas
o Notice of Union sponsored events
o Notice of Union elections
o Reports from Union committees
14.25 2
o Rulings and discussion of Union policies
o Union newsletters
o Other official Union business as may be necessary and which conforms to the guidelines outlined below.
No notice or announcement which contains defamatory statements about the City, including any City department, any City official, or any City employee(s) shall be transmitted by City email. The City reserves the right to refuse to allow notices to be sent through the City’s e-mail system that interfere with the Department’s operational needs, workflow, or mission.
Any violation of this section shall entitle the City to cancel its provisions and revoke the Union’s privilege to use the City’s e-mail system pursuant to this section.
The parties agree to discuss any conflicts that may arise.
SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP
5.01 RECOGNITION
Pursuant to the Meyer-Milias-Brown Act and the City’s Personnel Rules and Regulations, the Union is certified as the recognized employee organization representing regular, full-time Firefighters, Fire Engineers, Fire Captains, Deputy Fire Marshal, and Fire Prevention Inspector(s), and Marine Safety Officer(s).
5.02 PAYROLL DEDUCTION
5.02.01 PAYROLL DEDUCTIONS
The City shall deduct Union membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the monthly pay of each member employee. The Union will provide the City with information regarding the amount of dues deductions and the list of Union member employees who have affirmatively consented to or authorized dues deductions.
The City shall remit the deducted dues and any other mutually agreed payroll deduction, to the extent permitted by law, to the Union as soon as possible after the deduction.
The City agrees to direct each member employee to the Union with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law.
The Union is responsible for providing the City with timely information regarding changes to member employees’ dues and any other lawful union-related payroll deduction.
5.02.02 UNION’S CERTIFICATION
The City shall make payroll deductions in reliance on the Union’s certification certifying that the
14.26 3
Union has and will maintain an authorization, signed by each member employee who affirmatively consents to pay Union membership dues. Similarly, The City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by the Union.
The City shall not request the Union to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization.
5.03 INDEMNIFICATION
The Union shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under Section 5.02, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Union’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Union.
In the event any such action or proceeding is brought against the City by reason of any such claim, the Union, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Union agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Union’s actions or inactions under Section 5.02.
5.04 UNION NOTIFICATION
Except in cases of bona fide emergencies, the Union shall be given seven (7) working days advance written notification of any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, or management, and shall be given the opportunity to meet and confer with the City representative prior to its adoption.
SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER This agreement, plus any written departmental rules or regulations sets forth the full and entire understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.
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It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as defined by the Meyers-Milias-Brown Act, as amended, not covered herein without first having met and conferred with the Union. For purposes of this Agreement, emergency means any sudden and unforeseeable incident or occurrence. Changes implemented pursuant to this paragraph shall only be in effect for the duration of the emergency causing the change.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved by the City and ratified by the membership of the Union.
The waiver of any breach of any term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
SECTION 7.00 - NO DISCRIMINATION
The City and the Union agree to adhere to the City Council policies pertaining to equal employment opportunity and discriminatory harassment as listed in Exhibits A & B, as well as applicable Federal and State discrimination laws.
SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS
8.01 56 HOUR/WEEK SCHEDULE
8.01.01 WORK WEEK
The work week shall average 56 hours.
8.01.02 SHIFTS
On-duty shifts shall commence at the hour of 7:00 a.m. and shall be completed at 7:00 a.m. the following day.
8.01.03 TIME RELEASED
Employees shall not be released from duty at the end of a shift until the employee is relieved by a shift-employee replacing the position then held by such employee unless otherwise directed by management personnel.
8.02 40 HOUR/WEEK SCHEDULE
8.02.01 WORK WEEK
The work week for employees assigned to a 40-hour/week schedule shall typically consist of five consecutive days totaling 40 hours. An alternate work schedule (such as a 4-10 plan) may be assigned by the Fire Chief.
8.02.02 SCHEDULE
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The Fire Chief shall assign starting and quitting times to these employees to meet operational needs. Affected employees will be notified five (5) working days in advance of changes in work schedules. This shall not preclude the City from effecting schedule changes due to operational needs, overtime or emergency work.
8.03 JOB ASSIGNMENT
8.03.01 FIRE PREVENTION ASSIGNMENT
An employee may be temporarily assigned from a fire suppression position to a fire prevention position. Such a temporary assignment may be no longer than six (6) months in duration and an assignment may not occur more than once in a two (2) year period.
Assignment duration may exceed a six (6) month period in cases of bona fide medical/disability condition of employee or upon mutual consent.
8.03.02 MARINE RESCUE CAPTAIN ASSIGNMENT
A Captain may be temporarily assigned from a fire suppression position to the Marine Rescue Division. Captains assigned to the Marine Rescue Program will be allowed to work an alternate 40 hour per week work schedule. This assignment will not exclude this employee from overtime shift work in accordance with Fire Department policies, procedures, and practices. The Marine Rescue Captain Assignment will be in accordance with the parameters set forth in the Santa Cruz City Fire Department Shift and Station Bidding Procedure.
8.04 STAFFING
Staffing will be in accordance with Policy and Procedure Manual, Article 6, Section #6-5 Equipment Staffing.
8.05 SHIFT AND STATION BIDDING
Shift and Station bidding will be in accordance with the Department’s “Shift and Station Bidding Procedure.”
8.06 VACANCY BIDDING
Vacancy bidding will be in accordance with Policy and Procedure Manual, Article 4, Section #4-12 Vacancy Bidding.
8.07 MARINE SAFETY OFFICER LUNCH PERIOD
The Marine Safety Officer shall be entitled to and expected to take an uninterrupted, unpaid lunch period of a minimum of thirty (30) minutes at or about the mid-point of their workday.
Supervisors may occasionally approve flexible scheduling of lunch periods for individual employees. Regular schedules that do not provide the required lunch period at or about the mid-point of the workday will not be allowed.
8.08 MARINE SAFETY OFFICER SHIFT DIFFERENTIAL
The Marine Safety Officer who is required and authorized by management to work, and actually works, a regularly scheduled shift at least four hours or more of which fall between the hours of 6:00 p.m. and 6:00 a.m. shall be paid a shift differential of ninety cents ($.90) per hour or five percent (5%), whichever is greater, for each hour worked within the shift
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differential period of 6:00 p.m. and 6:00 a.m.
Shift differential shall not apply to:
a. Paid leave hours, including vacation, sick leave, holidays, and other paid leaves provided in Section 17.01.
Hours that are worked between 6:00pm and 6:00am as a result of call-back, duty assignment, or overtime.
SECTION 9.00 - PERSONNEL ACTION
9.01 PERFORMANCE EVALUATIONS
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. All original appointments and newly hired employees will be evaluated as follows:
Regular employees will be evaluated annually on their merit review date.
Employees Hired on or after 12/1/18
First (1st) evaluation: at completion of six (6) months of regular service following completion of Academy
Second (2nd) evaluation: at completion of probation, twelve (12) months of regular service following completion of Academy
Third (3rd) evaluation: at completion of 18 months of regular service following completion of Academy.
Subsequently, a performance evaluation will be conducted twelve (12) months after the date of the third (3rd) evaluation; this date becomes the employee’s annual evaluation date.
9.02 PROBATION
9.02.01 PROBATIONARY PERIOD
A. All original appointments (newly hired Firefighters) shall be subject to a probationary period that begins on the first day of regular City employment and ends twelve (12) months after the successful completion of the Fire Academy. All Fire Inspectors and Marine Safety Officers shall be subject to a twelve (12) month probationary period that begins on the first day of regular City employment.
B. All promotional and re-hire appointments shall be subject to a probationary period of twelve (12) months from the date of promotion or the date of re-hire.
Any time spent by a probationary employee on unpaid status shall not be counted as qualifying service toward completion of the probationary period.
9.02.02 OBJECTIVE OF PROBATIONARY PERIOD
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The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee’s performance.
9.02.03 REJECTION OF PROBATIONARY EMPLOYEE
During the probation period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing. Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.
9.02.04 EXTENSION OF PROBATION
All efforts will be made to sufficiently evaluate the probationary employee during the assigned period, which includes time spent in the Fire Academy. An extension of the probationary period may, however, be recommended by the appointing authority when good cause exists. Such extensions shall be for a specific period of time not to exceed three (3) months.
9.03 PERSONNEL FILES
There shall be only one official personnel file which shall be maintained in the City’s Human Resources Department. Employees shall have the right to review their personnel files or authorize, in writing, review by their representatives. No adverse material will be placed in an employee’s personnel file without prior notice and a copy given to the employee. Employees may, within thirty (30) days of receipt of these, cause to be placed in their personnel files responses to adverse material inserted therein.
SECTION 10.00 - PAY RATES AND PRACTICES
10.01 SALARY STEPS
The classifications in the unit shall be assigned salary ranges that increase by 6% between steps.
10.01.01 SALARY RATES UPON APPOINTMENT
New employees shall be hired at the first step of the classification’s salary range; unless a higher starting step is recommended by the Fire Chief, based on the employee’s advanced qualifications for the position and such recommendation is approved by the Chief People Officer (Director of Human Resources) and City Manager.
Promoted employees shall receive a minimum six percent (6%) increase. If such increase does not result in them being placed at least at the first step of the new classification’s salary range they will be placed at the first step of the new classification’s salary range. If such increase results in them being placed within the salary range of the new classification but between existing steps, they will be placed at the next higher step in the new range.
10.01.02 ADVANCEMENT WITHIN THE RANGE
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A. Advancement within a classification’s salary range shall normally be granted on the employee’s scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation and successful completion of department required training standards.
B. Merit increase dates are aligned with evaluation dates. Newly hired Firefighters are eligible for their first merit increase at the end of their first (6) months of regular employment with the City following completion of the Academy. Newly hired Firefighters are eligible for their second merit increase after completion of 18 months of regular employment with the City following completion of the Academy.
The employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the employee is promoted or the top of the salary range is attained.
Newly hired Fire Inspectors and Marine Safety Officers are eligible for their first merit increase at the end of their first six (6) months of regular employment with the City. Newly hired Fire Inspectors and Marine Safety Officers are eligible for their second merit increase after completion of eighteen (18) months of regular employment with the City. The employee shall be eligible for subsequent merit increases after each full year on paid status from the last merit review date, continuing until the employee is promoted or the top of the salary range is attained.
C. Merit increases shall normally be from one pay step to the next higher pay step.
Increases of greater than one (1) step may, however, be recommended by the Fire Chief when exceptional performance has been demonstrated by the employee. Such step increases must be approved by the City Manager.
D. A merit increase may be denied by the Fire Chief when an employee’s job performance falls below the acceptable work standards for the duties assigned. The Fire Chief may, in such a case, recommend that the employee’s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee’s original review date shall not change and she/he shall be eligible for the next merit increase after one (1) year on a paid status from the original review date.
E. An employee’s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status.
F. Upon receipt of satisfactory annual evaluation, the effective date for a merit increase shall be the first day of the pay period which includes the employee’s merit review date.
10.02 SALARY
Effective the pay period that begins on September 27, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by an additional three percent (3%).
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Effective the pay period that begins on July 4, 2026, the salary for all bargaining unit members shall be increased by an additional three percent (3%). Effective the pay period that begins on July 3, 2027, the salary for all bargaining unit members shall be increased by an additional three percent (3%).
10.03 P.E.R.S.
10.03.01 EMPLOYEES HIRED ON OR BEFORE SEPTEMBER 2, 2011 (TIER I) This section 10.03.01 shall apply to employees hired on or before September 2, 2011, who are contributing members of CalPERS.
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.01 shall be based on the single highest year, defined by CalPERS as any consecutive one-year period with the highest average pay rate and special compensation.
B. 3.0% @ 50 Pension Formula
The 3.0% @ 50 pension formula shall be available to all employees covered by this section 10.03.01 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.01.
C. Required Employee Contribution
Members covered by this section 10.03.01 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 50 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning September 26, 2015 members covered by this section 10.03.01 will contribute an additional 3.0% (total 12.00%).
10.03.02 EMPLOYEES HIRED ON OR AFTER SEPTEMBER 3, 2011 (TIER II) This section 10.03.02 shall apply to employees hired on or after September 3, 2011 and prior to January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.02 shall be based on the employee’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 3.0% @ 55 Pension Formula
The 3.0% @ 55 pension formula shall be available to all employees covered by this
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section 10.03.02 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.02.
C. Required Employee Contribution
Members covered by this section 10.03.02 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 55 pension formula. The required contribution amount was 9.0% as of the date of this MOU.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning September 26, 2015 members covered by this section 10.03.02 will contribute an additional 3.0% (total 12.00%).
10.03.03 EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 (TIER III) This section 10.03.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 10.03.03 shall be based on the employee’s highest three year average, defined by CalPERS as any consecutive three-year period with the highest average pay rate and special compensation.
B. 2.7% @ 57 Pension Formula
The 2.7% @ 57 pension formula shall be available to all employees covered by this section 10.03.03 who are contributing new members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 10.03.03.
Employees covered by this section 10.03.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.
C. Required Employee Contribution
Members covered by this section 10.03.03 will contribute the employee contribution amount established by CalPERS for their 2.7% at 57 pension formula. The required contribution amount as of the date of this MOU is 12.75%.
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.
D. Additional Required Employee Contribution
In addition to the required employee contribution, starting with the pay period beginning July 6, 2013 members covered by this section 10.03.03 will contribute an additional 3.0% (total 15.75%).
10.03.04 RETIREMENT, ALL EMPLOYEES
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The City will maintain the IRS 414(h)(2) provision (for tax purposes only) allowing the employee to defer State and Federal income taxes on their CalPERS contributions.
10.03.05 SICK LEAVE CONVERSION
The City’s contract with CalPERS includes the service credit for unused sick leave (Section 20965).
The Parties agree that the City and Local 1716 will share the cost of will take all administrative steps necessary to of conducting an actuarial study to allow employees the choice of selecting the CalPERS service credit option for employees retiring with at least twenty years of regular service and the ability to also elect to convert a maximum of 1,500 hours of their accrued sick leave (banked and unbanked) in 100 hour increments to an additional 1% contribution by the City towards the cost of their retiree medical benefits as defined by Sections 17.04.01 (Retiree Medical Plan) and 17.04.02 (Retiree Medical Incentive) of this memorandum. For example, the maximum conversion of 1,500 hours would equal a 15% increase in the City’s contribution towards a retiree medical plan for a maximum 90% contribution. All restrictions and requirements of sections 17.04.01 and 17.04.02 apply to this sick leave incentive option including, but not limited to eligibility and plan availability.
10.04 OVERTIME
10.04.01 56-HOUR WORK WEEK
Overtime is additional time worked in excess of an employee’s regular work shift. Overtime shall be paid at one and one-half (1 1/2) times the base rate of pay.
FLSA overtime is defined as all hours required by Management and actually worked by the employee, in excess of the maximum non-overtime hours allowed in the work period. (See Exhibit C for a listing of work periods and the maximum non-overtime hours for each work period.)
FLSA overtime shall be compensated in money at one and one-half (1½) times the employee’s regular rate. The regular rate shall be as defined in the FLSA.
The City has the right to decide whether or not the Section 7 (k) exemption, as provided by the FLSA, shall apply. The City also has the right to select the work period, as defined by the FLSA.
Firefighters, Fire Engineers, Fire Captains, Fire Inspectors and Marine Safety Officers may choose, in lieu of overtime payment, to have overtime hours worked converted to a compensatory time bank at the rate of one and one-half time the hours worked. Employees’ compensatory time bank shall not exceed one-hundred-twenty (120) hours.
The use of compensatory time off shall be in accordance with Fire department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D).
Employees may receive payment for all accrued and unused compensatory time at the time of employment separation or promotion from a job classification represented by IAFF Local 1716.
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10.04.02 40-HOUR WORK WEEK
Overtime shall be defined as all management authorized hours in a paid status in excess of forty (40) hours per week, which are contiguous with the employee’s regular work schedule, excluding voluntary training. Overtime shall be computed at the rate of one a one-half (1½) times the base hourly rate or may be converted to compensatory time off at the rate of one and one-half (1½) times the hours worked.
Employees covered by the Fair Labor Standards Act shall be entitled to FLSA overtime which is defined as all hours required by management and actually worked by the employee in excess of forty (40) hours in a work period as defined by the City. FLSA overtime is compensated in pay or compensatory time off at one and one-half (1½) times the employee’s regular rate of pay. The regular rate shall be defined in the FLSA.
A forty (40) hour employee with accrued compensatory time off shall be permitted to use such time within a reasonable period after making the request unless such time off will unduly disrupt the operations of the department. Compensatory time off shall not be allowed to accumulate beyond one hundred fifty (150) hours at any given time.
Employees may receive payment for all accrued and unused compensatory time at the time of employment separation or promotion from a job classification represented by IAFF Local 1716.
10.05 MARINE SAFETY OFFICER CALPERS
The City plans for a re-opener to negotiate regarding safety retirement during the term of the MOU after an actuarial analysis from Cal-PERS is received by the City.
10.06 CALL BACK
Call back is defined as any time an employee is directed to work and actually works for a period not contiguous with their regular shift. Employees so directed shall be compensated at their applicable overtime rate of pay for a minimum of two (2) hours (see Section 10.04 to determine applicable overtime rate). Up to one-half (½) hour will be paid for travel on emergency callbacks. With the exclusion of Marine Safety Officer, who will be compensated at their applicable overtime rate of pay for a minimum of two (2) hours (see Section 10.04 to determine applicable overtime rate). No compensation will be made for travel on emergency callbacks.
Notwithstanding the foregoing, any employee called back to work by reason of a shifttrade between employees within the bargaining unit shall not receive the premium set forth herein.
10.06.01 MARINE SAFETY OFFICER CALL-BACK
Call-back work is defined as work required by management of an employee who, following completion of the employee’s work day or work week and departure from the employee’s work site, is unexpectedly ordered to report back to duty to perform necessary work.
10.06.01.01 CALLBACK BY PHONE OR COMPUTER
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If the Marine Safety Officer is able to respond by phone or computer and is not required to report to the worksite, then:
A. For the first response of the day, a minimum of thirty (30) minutes (0.5 hours) of overtime will be paid for actual overtime worked of less than thirty (30) minutes.
Thereafter, a minimum of fifteen (15) minutes (0.25 hours) of overtime will be paid for actual overtime worked of less than fifteen (15) minutes.
B. An additional minimum will not be paid if an employee is required to respond to additional call(s) and the time and duration of the response is within the previous minimum.
10.06.01.02 CALLBACK TO WORKSITE
A. All call-back hours shall be paid at the overtime rate. A minimum of two (2) hours of overtime compensation shall be paid for all call-back periods of less than two (2) hours.
B. Hours worked shall include reasonable travel time to work. Return travel time shall not be included within time worked.
C. If a Marine Safety Officer who was called back to work and has completed their assignment and left work is again called back to work, they will not receive another minimum if the time of return is within the previous call-back minimum.
D. Marine Safety Officers who are required to respond to the worksite will be provided mileage compensation, at the federal rate, for the use of their personal vehicles.
10.07 HOLIDAYS
10.07.01 56-HOUR PER WEEK EMPLOYEES
This is additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays as identified in Section 10.07.03. Employees shall accrue holiday pay up to a maximum of two-hundred and eighty-eight (288) hours per calendar year, at a rate of
11.08 hours per pay period.
Pursuant to Fire Department policy 4-13 Vacation Selection Process for Shift Personnel (see attached Exhibit D), employees may use accrued holiday leave. Alternately, holidays shall be paid at a straight time rate. If paid, a separate check shall be issued for 96 hours (less any hours used to date in the fiscal year) on the first pay date in December and again for the remaining balance of hours on the second pay date in June.
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Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed two-hundred and eighty-eight (288) hours.
10.07.02 40-HOUR PER WEEK EMPLOYEES
This is additional compensation for employees who are normally required to work on approved holiday because they work in positions that require scheduled staffing without regard to holidays as identified in Section 10.07.03. Employees shall accrue holiday pay up to a maximum of ninety-six (96) hours per calendar year, at a rate of 3.69 hours per pay period.
Pursuant to City policy, employees may use accrued holiday leave. Alternately, holidays shall be paid at the employees base hourly rate. Any accrued and unused holiday pay shall be issued on the first pay period in June and again for all accrued and unused hours on the first pay period in December.
Upon separation, employees shall receive the value of their unused accrued holiday leave.
Accumulation of holidays shall not exceed ninety-six (96) hours.
In addition, 40-hour per week employees shall accrue up to twenty-four (24) hours of floating holiday per fiscal year. Floating Holiday accrual will be on a monthly basis. Full-time employees shall accrue floating holiday at the rate of two (2) hours per month. Part-time employees shall accrue floating holiday on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive one (1) hour of floating holiday each month).
Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued floating holiday.
Accumulation of floating holidays shall not exceed twenty-four (24) hours.
10.07.03. FIXED HOLIDAYS
Employees within the unit shall have the following specific holidays with pay:
Twelve (12) 24 Hour Holidays for 56-Hour per Week Employees Twelve (12) 8 Hour Holidays for 40-Hour per Week Employees New Year’s Day
Martin Luther King’s Birthday
Cesar Chavez
Presidents’ Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
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Friday after Thanksgiving
Christmas Day
Four (4) Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve (if Christmas is on a Tuesday–Saturday)
The last four (4) hours of the work shift are Holiday hours for New Year’s Eve (if New Year’s Day is on a Tuesday–Saturday)
Except as provided for on Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.
10.08 WORKING OUT OF CLASSIFICATION
The term “working out of classification” is defined as a management-authorized assignment on a temporary basis of an employee in a lower classification to a b u d g e t e d higher classification. Pay for working “out of classification” shall be as follows:
1. Employees so assigned will receive acting pay beginning the first day or shift of the assignment.
2. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain shall be made for a minimum of six hours.
3. Acting Battalion Chief, Acting Fire Engineer, and Acting Captain, shall at a minimum, be paid a rate equal to a formal promotional assignment or 6% above the base rate.
In accordance with the Public Employees’ Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).
10.09 SPECIAL PROJECT PAY
A special project is a specific and unique assignment which exceeds the normally assigned duties and responsibilities of the employee’s job classification. Special projects typically require specialized knowledge, skills, education, training, abilities and/or responsibilities outside the scope of those normally required of the respective job classification.
Special projects may be employee initiated, or developed by the department. When appropriate, the department will post available special project assignments. All qualified employees may request an available special project. The Fire Chief or their designee shall select the most qualified and/or appropriate candidate from amongst those requesting the assignment.
Employees proposing a particular special project may be given preferential consideration during the selection process for that respective special project.
The Fire Chief may assign up to ten (10) employees to special projects. Such assignments shall be made in writing and shall specifically state the expected outcome. The Fire Chief and the assigned employee shall discuss the project and mutually decide progress milestones and
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objectives. If mutual agreement cannot be reached, then the progress milestones and objectives shall be determined by the Fire Chief. Special projects may be terminated at the discretion of the Fire Chief.
An employee, so assigned by the Chief, shall receive 2.5% of their base pay while actually working on such project.
Special project pay does not affect, nor is it included in sick and vacation or other leaves of absence. These assignments will be included in PERS computations.
A listing of all current special projects and the respective employee(s) assigned each project, shall be maintained in the Fire Administration office. Said listing shall be made available to the Union and any employee upon request.
10.10 SPECIAL DETAIL
Special detail is defined as an assignment in which the City is reimbursed by an event’s sponsor, through the Finance Department, for fire services. Firefighters, Fire Engineers, Fire Captains, Fire Inspectors and Marine Safety Officers assigned to cover special detail will be paid a minimum of four (4) hours overtime at one and one-half (1½) times their hourly rate.
10.11 BILINGUAL PAY
The City shall provide payment of five percent (5%) of base salary when the City certifies an employee as qualified and the position requires the use of bilingual language skills with the exception of the Marine Safety Officer who will receive .30/hour. This provision does not apply to the City translator.
10.12 EDUCATION INCENTIVE
Employees will be eligible for one of the following education incentives when the listed requirements have been met for that level and a request for the incentive has been sent to the Fire Chief for review and approval:
I. Two percent (2%) of base salary (one of the following):
a. AA/AS Degree
b. Sixty (60) units of college credit and actively pursuing job related college work c. State Fire Marshal’s Company Officer Certification or Fire Officer Certification d. Successful completion of the following courses:
i. Company Officer 2a: Human Resource Management
ii. Company Officer 2b: General Administrative Functions iii. Company Officer 2c: Fire Inspections and Investigations iv. Company Officer 2d: All Risk Command Operations
v. Company Officer 2e: Wildland Incident Operations
vi. Instructor I: Instructor Methodology
vii. Instructor II: Instructor Development
viii. Instructor III: Instructor Program Management
ix. S-290: Intermediate Fire Behavior (classroom version) x. S-231: Engine Boss
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II. Four percent (4%) of base salary (one of the following):
a. BA/BS Degree
b. State Fire Marshal’s Chief Fire Officer Certification or Chief Officer Certification c. Successful completion of the following courses:
i. Chief Fire Officer 3a: Human Resource Management
ii. Chief Fire Officer 3b: Budget & Fiscal Responsibilities iii. Chief Fire Officer 3c: General Administration Functions iv. Chief Fire Officer 3d: Emergency Service Delivery Responsibilities v. ICS-300: Intermediate ICS for Expanding Incidents (classroom version) vi. S-404: Safety Officer
vii. S-330: Strike Team Leader
viii. S-234: Ignition Operations
ix. S-270: Basic Air Operations
x. L-380: Fireline Leadership
xi. L-336: Tactical Decision Making in Wildland Firefighting Course equivalencies for required courses are acceptable from recognized training organizations like, but not limited to, State Fire Marshal, CalFire, National Fire Academy, Federal Emergency Management Agency, Emergency Management Institute, US Forest Service, California Specialized Training Institute, National Wildfire Coordinating Group, and the International Association of Firefighters.
If the above listed courses are no longer offered, an equivalent course will be substituted upon mutual agreement of the Fire Chief and Local 1716 President.
10.13 LONGEVITY
Upon completion of six (6) years of continuous regular service, employees shall receive a two-and-one-half percent (2½%) longevity pay increase.
Upon completion of ten (10) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of four-and-one-half percent (4.5%).
Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of six-and-one-half percent (6.5%).
Upon completion of seventeen (17) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of eight-and-onehalf percent (8.5%).
Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of ten-and-onehalf percent (10.5%).
Upon completion of twenty-two (22) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for total of twelve-and-onehalf percent (12.5%)
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Effective July 3, 2027, longevity pay will be based on the employee’s years of service from the date of hire. Longevity pay will be part of the employee's base pay.
Upon completion of six (6) years of continuous regular service, employees shall receive a two-and-one-half percent (2.5%) longevity pay increase.
Upon completion of ten (10) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of six-and-one-half percent (6.5%).
Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of eight-and-onehalf percent (8.5%).
Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of twelve-andone-half percent (12.5%).
10.14 PARAMEDIC PROGRAM
A. Each employee who is licensed by the State of California, accredited by the County of Santa Cruz as a paramedic, and assigned to front-line or support duty shall be eligible for paramedic pay with the exception of the Marine Safety Officer.
B. Paramedic pay shall be an amount equal to 10% of top step Firefighter salary.
C. The department will make every effort to ensure continuing education will be provided on duty. However, subject to approval of the Fire Chief, continuing education may be provided off duty, compensated by approved overtime or compensatory time off.
D. Support medic pay shall be an amount equal to seven percent (7%) of base salary.
10.15 EMERGENCY MEDICAL TECHNICIAN
Each employee who is certified in the County of Santa Cruz as an Emergency Medical Technician-D, with the exception of the Marine Safety Officer, shall be compensated an additional 3% of employee’s base salary. (EMT-D pay will not be payable to those employees receiving paramedic pay.)
10.16 PARAMEDIC PREMIUM PAY FOR MARINE SAFETY ADMINISTRATIVE CAPTAIN Paramedic premium pay for the Marine Safety Administrative Fire Captain will be ten percent (10%) of the top-step pay of the firefighter position.
10.17 RESCUE SWIMMER ASSIGNMENT AND COMPENSATION
The Rescue Swimmer program will be administered in accordance with Santa Cruz Fire Department policies and procedures.
Employees designated as Rescue Swimmers, with the exception of the Marine Safety Officer,
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in accordance with departmental policies and procedures will receive an incentive equal to five percent (5%) of their base salary.
10.18 HAZ-MAT TECHNICIAN ASSIGNMENT AND COMPENSATION
Employees designated as haz-mat technicians in accordance with departmental policies and procedures, with the exception of the Marine Safety officer, will receive an incentive equal to five percent (5%) of their base salary.
10.19 ON-CALL FIRE INVESTIGATOR ASSIGNMENT AND COMPENSATION On-call Fire Investigator assignments will be made in accordance with Santa Cruz Fire Department Policy and Procedure Manual Article #2, #B2-4 (On-Call Fire Investigator Assignment).
Compensation for on-call Fire Investigator assignments is as follows:
A. For every weekday covered, a stipend equal to 1 ½ hours of “C” step Deputy Fire Marshal pay shall be provided.
B. For every weekend day covered (24 hour period) a stipend equal to 2 hours of “C” step Deputy Fire Marshal pay shall be provided.
C. For every City designated 8-hour holiday covered (24 hour period), a stipend equal to 4 hours of “C” step Deputy Fire Marshal pay shall be provided and an additional 4 hours will be credited to the employee’s accrued compensatory time balance.
D. For every City designated 4-hour holiday covered (24 hour period), a stipend equal to 2 hours of “C” step Deputy Fire Marshal pay shall be provided and an additional 2 hours will be credited to the employee’s accrued compensatory time balance.
E. When an on-call Fire Investigator is dispatched or activated, the pay rate will revert to 1 ½ the employee’s base pay rate as “emergency call back”.
SECTION 11.00 - SICK LEAVE
11.01 DEFINITION
The purpose of this section is to provide paid leave time to be used by employees in the event of a non-work related illness, injury, preventive healthcare, care of an existing health condition, as victims of domestic violence, sexual assault or stalking, or the medical necessity of others as specified below. Sick leave shall not be construed to be a privilege, which an employee may use at their discretion, but shall be allowed only in case of necessity herein set forth.
11.02 ACCRUAL
11.02.01 24-HOUR SHIFT PERSONNEL
All 24-hour shift personnel shall accrue sick leave at the rate of 16 hours for each full month of
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continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
11.02.02 40-HOUR PER WEEK PERSONNEL
All 40-hour per week personnel shall accrue such leave at the rate of 8 hours of each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.
11.02.03 PAID STATUS
An employee must be on paid status at least 50% of the working hours of a pay period to earn sick leave for that period.
11.03 LIMITATIONS
A. To receive compensation while absent on sick leave, the employee shall notify their immediate supervisor in the manner provided in the departmental rules and regulations.
B. Where absence is for more than two 24-hour shifts, the employee shall furnish proof of illness as may be required by the Fire Chief.
For 40-hour week employees, the Fire Chief may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized.
In cases of chronic absenteeism or medical work restrictions, the Director of Human Resources may have an employee examined by a City-selected physician. The City shall pay the cost of any such medical exam.
C. Up to 72 hours for 24-hour shift personnel and 48 hours for 40-hour week personnel of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for an immediate family member who is ill or injured, or for preventive care, care of an existing health condition, or if they are a victim of domestic violence, sexual assault or stalking. Immediate family is defined as parent, spouse, child, father, mother, brother, sister, registered principal domestic partner, step-father, step-mother, grandparent, grandchild, or close relation residing in the employee’s household. This seventy-two (72) or forty-eight (48) hour limitation may be extended by the City Manager with good cause.
11.04 SICK LEAVE INCENTIVE
11.04.01 56-HOUR PER WEEK EMPLOYEES
56-hour per week employees who have accumulated sick leave above 900 hours as of December of each calendar year, will be able to choose among the following options:
1. To receive a cash pay-off of all hours in excess of 900 at the rate of 33% of their current rate of pay.
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2. To “bank” all hours in excess of 900. Banked hours may not later be converted to cash, and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option.
11.04.02 40-HOUR PER WEEK EMPLOYEES
40-hour per week employees who, as of December 31 of each year, have accumulated more than 400 hours of sick leave will be asked to choose among the following options:
1. To receive a cash pay-off of all hours in excess of 400 at the rate of 33% of their current rate of pay.
2. To “bank” all hours in excess of 400. Banked hours may not later be converted to cash and will be used as sick leave only when all other sick leave is exhausted and/or converted to service credit upon adoption of the credit for unused sick leave option.
Employees who have an excess of 400 hours of unbanked sick leave at the time of separation from the City will be paid-off for these excess hours at the rate of 33% of the employee’s current rate of pay.
SECTION 12.00 - VACATION
Vacation accrual will be on a monthly basis beginning at date of hire. Accumulated vacation time may not exceed twice the annual rate of accrual unless prior written authorization for a specified amount is received from the City Manager or Director of Human Resources. Upon authorization by a Battalion Chief, a probationary employee may use accrued vacation leave.
The Vacation Selection Process for Shift Personnel will follow Article #4-13, revised September 21, 2015, of the Santa Cruz Fire Department Policy and Procedure Manual (see attached Exhibit D).
12.01 ACCRUAL
An employee must be in paid status at least 50% of the working hours of a pay period to earn vacation for that period. Annual vacation accrual shall be based on continuous regular service, as follows:
12.01.01 40-HOUR/WEEK SCHEDULES
Up to 5 years (inclusive): 80 hours for each year of continuous regular service 6 to 10 years (inclusive): 120 hours for each year of continuous regular service 11 or more years: 120 hours for each year of continuous regular service, plus 8 hours for each additional year of continuous regular service after ten (10) years to a maximum of 160 hours per year.
12.01.02 56-HOURS/WEEK SCHEDULES
Up to 5 years (inclusive): 12 hours for each month of continuous regular service 6 to 10 years (inclusive): 18 hours for each month of continuous regular service 11 or more years: 18 hours for each month of continuous regular service, plus one hour for each additional year of continuous regular service after ten (10) years to a maximum of twenty-four (24) hours per month.
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12.02 ILLNESS DURING VACATION
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect, shall have the period of illness charged against sick leave and not vacation leave.
12.03 UNION LEAVE BANK
1. Transfer of Accrued Vacation to Union Leave Bank
In the first full pay period of January of each year, each active bargaining unit employee will contribute to the Union Leave Bank by donating six (6) hours of their accrued vacation leave (four (4) hours for forty (40) hour per week employees).
The contribution will be deducted from each employee’s accrued vacation leave, and the total dollar value of those hours, using the employee’s actual hourly rate, will be credited to the Union Leave Bank.
Unless an employee has at least six (6) vacation hours available (four (4) hours for forty (40) hour per week employees), no deduction will occur nor will a deduction occur at any time prior to the next calendar year leave bank transfer. In addition, employees hired during the year will have no deduction until the following calendar year’s leave bank transfer. Employees separating employment during the year will receive no credit for or return of the hours contributed to the Union Leave Bank.
The number of hours deducted from each employee’s accrued vacation leave may be adjusted from year to year as necessary with written notification from the Union to the City.
2. Carry Over of U nused F unds
If there are any unused amounts in the Fire Union Leave Bank at the end of the fiscal year, these amounts will carry over to the following year.
3. Usage of the Union Leave Bank
When a bargaining unit employee has received the appropriate approval to be absent from their scheduled shift(s) to attend conferences related to a union-related function, payment of the employee(s) wages covering for the shift(s) will be made from the Union Leave Bank. The employee will be paid at an FLSA adjusted overtime rate. No ‘acting pay’ will be added to the union coverage overtime rate. There will be no compensatory time bank established for this purpose.
Coverage time will be paid time. The employee absent from work on union business shall receive pay for their regularly scheduled shifts.
4. Authorization for use of the Union Leave Bank
An employee seeking to be absent from work pursuant to this section must receive written approval from a union officer and present the request seven (7) days in advance to the Deputy Chief who shall confirm that there are sufficient funds in the Union Leave Bank to cover the absence. Approval for use of the leave will be denied if there are insufficient funds in the Leave Bank to pay for the coverage of shifts during the proposed absence.
5. Shift Coverage
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The Battalion Chief shall ensure a replacement is secured to cover the shifts resulting from an approved Union Leave absence, pursuant to the current practice for obtaining shift replacements. In the event Union Leave is sought at a time when there are inadequate funds in the leave bank to cover the leave, employees may seek a shift-trade in accordance with current policy and practice, or the Union may deposit an amount sufficient to cover the inadequacy into the Leave Bank account.
6. Time Card Coding
Employees absent on Union Leave and employees covering for employees absent on Union Leave shall code their time cards accordingly. The employee absent from work shall code their time card using a pay code edit, 166 – Union Business and number of duration hours. He/she must delete the pre-populated schedule for the expected duration of the union business. The employees covering for employees absent on union leave shall transfer their time to a “021 - Overtime Union Coverage” work rule.
7. Quarterly Reports
The Fire Department shall provide a report to the Union on a quarterly basis indicating the amounts used during the calendar year as well as the remaining balance of the Union Leave Bank.
8. Disclaimer of Liability
The City assumes no responsibility for how the leave time is used. Time spent on Union Leave is not considered time worked for purposes of worker’s compensation.
9. Overtime
Time spent on Union Leave is not counted as time worked for purposes of calculating overtime. Time spent by employees covering for those on Union Leave is counted as time worked for purposes of overtime.
10. No Waiver of Rights
Nothing in this section shall supersede the Fire Chief’s duty to maintain management control over shifts to ensure that the daily operation of the Fire Department and emergency situations are adequately covered.
SECTION 13.00 - BEREAVEMENT LEAVE
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee’s ability to continue daily work performance.
Employees who have been employed for at least thirty (30) days are entitled to bereavement leave in the event of the death of an employee’s spouse, domestic partner, child (including stepchild & foster care child), parent, grandparent, grandchild, sibling, aunt, uncle, first cousin, and the spouse/domestic partner’s child, parent, grandparent, grandchild, brother, sister, sibling or a close relation residing in the employee’s household.
In rare cases when the employee and the deceased have no legal relationship other than a
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foster or step-parent the Human Resources Director or their designee has the discretion to approve that leave upon application.
56-Hour Work Week Employees
56-hour employees shall receive up to forty-eight (48) hours of paid bereavement leave per incident. 40-Hour Work Week Employees
40-hour employees shall receive up to forty (40) hours of paid bereavement leave per incident. 56-Hour and 40-Hour Employees
The use of paid bereavement leave shall not be charged against any of the employees leave banks. If the employee wishes to take additional days off in addition to the paid bereavement leave provided, as outlined above, to attend to the loss of a family member, the employee may take unpaid leave or use vacation, sick leave or compensatory time off that is otherwise available to the employee.
Days of bereavement leave used need not be consecutive but must be completed within ninety (90) days of the date of the death of the employee’s family member.
As soon as practicable, an employee who needs to use bereavement leave shall notify the Human Resources Director or their designee in the format defined by the Human Resources Department, such as electronic transmittal.
The HR Director or their designee may, within thirty days of the first day of the leave, require that an employee provide documentation of the death of the family member. Documentation includes but is not limited to a death certificate, a published obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
13.01 MARINE SAFETY OFFICER BEREAVEMENT LEAVE
A leave of absence with pay of up to forty (40) hours per incident may be granted a Marine Safety Officer by the department head in the event of a death in the employee’s family which shall, for the purpose of this article, include spouse, parent, child, grandparent,sibling, parentin-law, registered principal domestic partner, grandchild of the employee or spouse, siblingin-law, child-in-law, grandparent-in-law, or a close relation residing in the employee’s household. In rare cases when the individual has no other legal relationship other than a foster or step parent, the HR Director or City Manager has the discretion to approve that leave upon application.
An additional forty (40) hours of leave chargeable to accrued sick leave, may be taken by an employee who needs additional time off in connection with a death in the family (as defined in this article).
SECTION 14.00 - LEAVES OF ABSENCE
14.01 UNPAID LEAVES OF ABSENCE
14.01.01 MEDICAL OR PERSONAL LEAVE
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A leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency or other situation where such absence would not be contrary to the best interests of the City. Approval of all such leaves of absence is at the sole discretion of management. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves. The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager and may not exceed a total of twelve months. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave. Employees on Military Leave pursuant to Section 14.02.02 are not subject to the leave depletion requirement.
14.01.02 PREGNANCY DISABILITY LEAVE
An employee may take a leave of absence up to four (4) months in length for the purpose of pregnancy disability leave. The City may request a licensed medical practitioner’s opinion regarding any work restrictions that may exist prior to or after delivery.
Requests for pregnancy disability leave must be made in writing to the Fire Chief at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible, barring any unforeseen medical issues related to the pregnancy or earlier or later birth than expected. Any requests for extension of pregnancy disability leave must be made in writing to the Fire Chief at least ten (10) calendar days prior to the scheduled end of the existing leave.
The employee may elect to use any appropriate paid leave either before or after an approved pregnancy disability leave, within the use limitations of those leave provisions Any additional post-partum leave, may be approved by the Human Resources Director or their designee after consideration of the nature of the request and the operational needs of the department.
Upon conclusion of an approved Pregnancy Disability Leave, the employee shall be reinstated to the “same” position held prior to the leave, or to a “comparable” position with equivalent pay benefits, and duties, in accordance with State and Federal laws.
14.01.03 FAMILY LEAVE
In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks, (continuous or cumulative). Effective January 1, 2016, the City will begin using a “rolling” twelve (12) month period measured backward to establish the 12-month period. Family leave may be taken for any one or more of the following reasons:
A. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of a domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee). In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or
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placement for adoption or foster care of the employees’ child or child of the employee’s domestic partner.
B. In order to care for a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling of the employee who has a serious health condition.
C. The employee's own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.
D. Military family leave, which includes:
1. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending post-deployment reintegration briefings.
2. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.
a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.
Conditions covering the leave shall include the following:
A. Eligible employee means having been employed by the City for twelve (12) months and has worked for at least 1,250 hours during the twelve-month period immediately preceding the commencement of the leave.
B. Medical verification is required for employee or ill family member for medical leave period.
C. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.
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D. Employees are required to use accrued vacation as a part of the family leave period.
Use of sick leave is not required, but may be used pursuant to the applicable provisions of the Memorandum of Understanding.
E. Pregnancy disability is not covered under this section and is covered by the California Fair Employment and Housing Act which allows up to four (4) months of leave depending on the actual disability (see Section 14.01.02).
F. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purpose of longevity, and/or seniority. Upon return to work, employee will be reinstated to an equivalent position (same classification) with equivalent pay and benefits.
G. Any request for additional leave may be made pursuant to Section 14.01. Requests for leave time using multiple time off provisions may not exceed the total amount allowed pursuant to Section 14.01.
H. Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
I. Any other conditions or interpretations of the leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.
14.01.04 CONTINUATION OF INSURANCE BENEFITS DURING UNPAID LEAVES OF ABSENCE City-sponsored insurance benefits may be continued during unpaid leaves of absence under the following conditions:
A. Personal Leave
The City shall continue to pay benefit premiums during a personal leave of less than thirty (30) calendar days. For leaves of more than thirty (30) calendar days, employees may continue premium payments at their own cost, in accordance with appropriate PERS medical plan provisions.
B. Medical Leave
The City shall continue to pay benefit premiums during the entire length of a medical leave of absence.
C. Family Leave
Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.
14.02 PAID LEAVES OF ABSENCE
14.02.01 PAID BIRTH/ADOPTIVE LEAVE
An employee is entitled to forty-eight (48) hours leave with pay at or about the time of the birth of the employee’s child or at the time of adopting a child. The paid leave shall be within
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two (2) months of the birth or adoption. This leave will be considered a part of the time allotted to family leave as authorized in Section 14.01.03.
14.02.02 MILITARY LEAVE
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) days per year of paid leave for any active duty scheduled during the employee’s regular work hours (or 10 shifts per year for 24 hour personnel). The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty.
All other military leaves shall be granted pursuant to relevant state and federal statutes.
Employees who exhaust the paid leave benefits described above may take unpaid leave pursuant to Section 14.01.01and are not required to use vacation or other similar leave.
SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY
15.01 UNIFORMS
A. The City and Union agree unit employees will comply with departmental standards with regard to appearance and cleanliness. To this end, the City agrees to pay the cost of cleaning department authorized uniforms. For this purpose, the City will establish an account at a dry cleaning establishment located within the city of Santa Cruz. For its part, the Union agrees its members will a) deliver and retrieve uniforms from the dry cleaning establishment, and b) do so during non-working hours. However, under exceptional circumstances, subject to the approval of the Fire Chief or their representative, uniforms may be delivered or retrieved during working hours.
The City and Union believe it is counterproductive at this time to establish minimum or maximum number of cleanings authorized by this section. It is understood, however, the Fire Chief and/or Union will monitor this program and advise the other party if any problems materialize.
B. The City agrees to replace uniforms on an as-needed basis, as determined by the Fire Chief. It shall be the responsibility of each unit employee to arrange for purchasing, fitting, pick up, delivery, return, repair and control of uniform items.
C. The parties agree that, for PERS reporting purposes, the value of the cleaning service is four hundred and sixty-eight dollars ($468.00) per year. Employees shall pay the employee PERS cost of the value of cleaning service. Such payment shall be made through a payroll deduction out of their paycheck each pay period. The amount of the deduction shall be determined by multiplying the employee’s PERS contribution rate by eighteen dollars ($18.00).
15.02 LINENS
The City agrees to provide clean sheets, pillow cases, and towels for use by unit employees every two shifts. The City agrees to retain a linen service to clean the aforementioned items.
15.03 PERSONAL PROPERTY
Employees will be reimbursed for the loss, repair or replacement of personal property
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damaged in the course of employment and performance of their assigned duties.
The option to repair or replace damaged items, and to determine whether replaced property will be returned to the employee, rests with the City.
The intent of this regulation is to permit reimbursement for the repair or replacement of such items as eyeglasses, hearing aids, dentures, watches or personal professional equipment if necessarily worn or carried by the employee in the course of their employment. Reimbursement shall be authorized only when the damage is caused by extraordinary circumstances, which arise out of employment, and not from normal hazards or ordinary wear and tear. This policy extends to both field and office personnel. A maximum of $75.00 per incident shall be paid for this purpose.
SECTION 16.00 - MISCELLANEOUS PROVISIONS
16.01 ADDITIONAL DUTIES
All Firefighters shall be expected to perform work as assigned by the Fire Chief or their designated representative in connection with or related to firefighting, its equipment, apparatus and attendant facilities; fire prevention duties; station housekeeping, maintenance and repair; and, such other duties which are reasonably related to the above.
16.02 MISCELLANEOUS EMPLOYMENT
No outside employment in conflict with firefighting duties or ordinances, Council resolutions or orders shall be allowed without the express permission of the Fire Chief or their designated representative. Notification of outside employment shall be made pursuant to Fire Department administrative directive.
16.03 PROMOTIONS
The City and the Union agree that it is desirable that a highly trained professional fire prevention, fire suppression and Marine Safety force should be developed and maintained. To that end, it is agreed that the Fire Chief or their designated representative shall assist personnel in the development and fulfillment of a training plan which helps them prepare for promotional positions as they become vacant.
16.04 LAYOFF POLICY & PROCEDURE
All Fire Department employees shall be subject to the layoff policy and procedure provided in this section.
16.04.01 LAYOFFS
The City reserves the right to reduce its workforce by layoff of employees for reasons of economy or changes in departmental operations. When one or more employees assigned to the same classification within a department are to be laid off, the order of layoff shall be as follows:
1. Casual, On-call
2. Temporary
3. Casual - Less-than-half-time
4. Probationary
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5. Regular
The order of layoffs shall be governed by seniority in classification from the date of hire in the classified position.
16.04.02 BUMPING
Bumping is defined as a voluntary movement of an employee to be laid off from their current classification to a previously held lower classification or reclassified position held by an employee with less seniority. Bumping privileges may be exercised within the Fire Department. An employee with sufficient seniority to bump an employee in a lower classification shall bump the least senior person in that classification.
For bumping purposes, seniority shall be defined as time in the affected classification added to time in a directly related higher classification.
16.04.03 NOTIFICATION
Employees to be laid off shall be given not less than fifteen (15) working days written notice prior to the reduction in force. An employee wishing to bump to a lower classification shall provide written notice to the City within ten (10) days of receiving their layoff notice.
16.04.04 REINSTATEMENT
Should there be a vacancy in the classification from which an employee was laid off within thirty-six (36) months, the employee shall be eligible for reinstatement. It shall be the employee’s responsibility to notify the Human Resources Department of their current address.
Every effort shall be made to notify the affected individual of any reinstatement opportunity.
Reinstatement shall be in the reverse order of layoff.
16.05 CONSOLIDATION MERGER
The City agrees that it will give advance notice and provide the opportunity for the Union to meet and confer on the impact of any consolidation/and or merger which involves unit employees.
This section shall not restrict the rights of the department to relocate units, realign districts or to alter organization objectives of the merged departments. The Union will be involved in discussions authorized by the involved agencies concerning the merger as it relates to this agreement.
16.06 TUITION REIMBURSEMENT
The City shall reimburse employees up to $350 per fiscal year for tuition and books upon successful completion of City-approved college or university courses.
To be eligible for reimbursement, employees must receive approval of the Fire Chief prior to attending classes and comply with applicable department and City regulations.
16.07 CAPTAIN/ENGINEER PROMOTIONAL EXAM
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When a promotional eligible list (as defined in the Personnel Rules and Regulations) is used to fill a Captain’s or Engineer’s position and that promotional list includes employees represented by this agreement, the Director of Human Resources shall certify the top five (5) eligibles, in alphabetical order, if there be that number, on the relevant promotional list to the Fire Chief. If there be more than one vacancy in the same class, the Director of Human Resources shall certify one additional eligible for each additional vacancy, if there be candidates available on the eligible list.
SECTION 17.00 - BENEFITS
17.01 MEDICAL PLAN/FLEXIBLE BENEFITS
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA). The City will provide a flexible benefits plan (“cafeteria plan”) to all eligible employees. If an employee elects to participate in a medical plan, the maximum monthly City contribution to the cafeteria plan is the cost of the Blue Shield Access+ HMO Plan (for the Bay Area/Sacramento region) less the following employee contribution amounts:
Employee Only: $96.00
Employee & One: $118.04
Family: $121.50
In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled. In no event will employees be credited with and receive cash back based on the plan chosen.
Each employee participating in a medical plan will make an additional $48.00 contribution per pay period towards the cost of health care benefits. This pre-tax contribution is made during pay periods where employee deductions for health care benefits are taken (24 pay periods).
17.01.01 MEDICAL WAIVER BENEFIT
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive $200 per month; part-time employees shall receive a pro-rated amount, based upon their fulltime equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pre-tax or post-tax optional benefits, or paid as a taxable cash benefit.
Employees receiving the medical waiver benefit must notify the Human Resources Department if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.
17.01.02 OPTIONAL BENEFITS
Through the cafeteria plan, employees may also enroll in the following optional benefits and
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elect to pay premiums on a pre-tax basis:
1. Medical reimbursement account (MRA)
2. Dependent care assistance plan (DCAP)
3. Cancer and Critical Illness Protection Insurance
Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:
1. Additional life insurance
2. Accident protection insurance
3. Long Term Care Insurance
17.02 DENTAL PLAN
The City shall provide a dental plan for employees and their eligible dependents at no premium cost to employees and with the following minimum benefit levels.
In-PPO Network Out-of-PPO Network (fees
charged are usually higher)
Annual Deductible $25 per person/$75 per
family per calendar year
$25 per person/$75 per
family per calendar year
Annual Benefit
Maximum
$1,500 per person $1,500 per person
Preventive 100% % of contract allowance
Basic Restoration
(Fillings, root canals)
80% % of contract allowance
Major Restoration
(crowns)
50% 50% of contract
allowance
Orthodontia 50% up to $2,000 lifetime
maximum per person, up to
age 23
50% of contract allowance,
up to $2,000 lifetime
maximum per person, up to
age 23
17.03 VISION INSURANCE
The City shall provide a vision plan for employees and their eligible dependents at no premium cost to employees and with the following minimum benefit levels.
Co-pays $15.00 (does not apply to contacts)
Exam: 100% every 12 months
Prescription Lenses 100% every 12 months
Frames 100% up to $115 plus 20% off any out-of- pocket
costs ($65 at Walmart/Costco), every 24 months
Contacts 100% (in lieu of glasses) up to $100, every
12 months
17.04 RETIRED HEALTH PROGRAM
17.04.01 RETIREE MEDICAL/CALPERS MEDICAL PLAN
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Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will continue a monthly contribution to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA), adjusted annually by CalPERS by the medical care component of the Consumer Price Index-Urban.
17.04.02 RETIREE MEDICAL INCENTIVE
In addition to the PEMHCA minimum monthly contribution that the City contributes for all employees in a CalPERS medical plan, employees currently on the City’s retiree medical plan and future covered employees who receive a retirement from CalPERS and have at least five (5) years of continued service with the City and are at least fifty (50) years of age will receive a retiree medical benefit in the amount of $112.04, per month. This benefit will continue as long as the employee continues CalPERS medical coverage through the City of Santa Cruz and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age.
Marine Safety Officers currently on the City’s retiree medical plan and future covered employees who receive a retirement from CalPERS and have at least five (5) years of continued service with the City and are at least fifty-five (55) years of age will receive a retiree medical benefit in the amount of one-hundred dollars ($100), per month. This benefit will continue as long as the employee continues CalPERS medical coverage through the City of Santa Cruz and until such time as the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age.
Employees who retire with more than twenty (20) years of City service will have their medical incentive increased to 75% of the cost of the employee-only coverage of the highest CalPERS HMO plan from only among those plans available in Santa Cruz County at the time of ratification of this agreement (less the contribution listed in 17.04.01 (Retiree Medical/CalPERS Medical Plan).
17.04.03 DISABILITY RETIREMENT BEFORE ELIGIBLE AGE FOR SERVICE RETIREMENT With the exclusion of the Marine Safety Officer, upon disability retirement before attaining the minimum age to be eligible for service retirement, an employee shall be reimbursed for unused sick leave through the provision of the City’s retired health care plan for the employee only to the following limits, whichever occurs first: (1) up to the current value of the employee’s sick leave accrual; or (2) until such time as the employee obtains primary health care coverage under another plan; or (3) until the employee is eligible for Federal or State medical programs.
Once any of these limits are reached, the employee is no longer eligible for coverage under this plan.
The retiree shall notify the City in writing at such time as he/she is receiving primary coverage under another plan.
Two years after the date of retirement, if a retiree is still covered under the City’s plan, he/she must provide the City with an affidavit stating that he/she is not receiving primary coverage under another plan. If the retiree fails to provide such an affidavit, the City has the right to cancel coverage with 30 days written notice.
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To be eligible for this Retired Health Care Plan, the employee must have an accrued sick leave balance of 144 hours as of the effective date of disability retirement.
If an employee is medically declared to be totally disabled, the City shall provide the retired health plan to that employee until he/she is eligible for Federal or State medical programs, regardless of the employee’s sick leave balance.
In all cases, retired employees may purchase coverage for their dependents under this plan as long as they, themselves, remain eligible and are insured under the plan.
17.05 LIFE INSURANCE
The City shall contribute the full cost toward the City-sponsored $30,000.00 basic term life insurance program.
17.06 LONG-TERM DISABILITY
The City shall contribute 80% of the premium cost of the Union-sponsored long-term disability program, provided said program offered through California Association of Professional Firefighters Plan A, requires a sixty-day elimination period prior to receipt of benefits by employee. These contributions shall be reported as income to the employee.
The City shall continue its 80% contribution for the term of this agreement; except that it shall not be obligated to pay in excess of $16.00 per month.
17.07 PRINCIPAL DOMESTIC PARTNERS
The City will provide medical, dental, and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal Domestic Partners subject to eligibility requirements established either by CalPERS or the City and subject to tax regulations of the State of California and the Internal Revenue Service of the United States government.
17.08 RETIREE MEDICAL TRUST
The City acknowledges that the Union has entered into an agreement with the Medical Expense Reimbursement Plan of the California Firefighters Benefit Trust (hereafter, the “Trust”). The purpose of the Trust shall be to provide for retiree health expense reimbursement benefits. The Trust shall be, and remain separate and apart from any City health insurance funding program, unless changed by mutual agreement of the parties to this agreement.
A. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. The “Defined Class” of employees receiving contributions to the Trust as set forth below, consists of all members of Santa Cruz City Fire Department, Local 1716 B. EMPLOYEE CONTRIBUTION AMOUNT. The City and the Union agree that the City shall withhold a mandatory contribution of $50.00 per pay period on a pre-tax basis from the pay of every employee in the Defined Class who is a member of the bargaining unit represented by the Union and shall transmit such contributions to the
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Trust pursuant to the requirements in Section D below. No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash
C. EMPLOYER CONTRIBUTION AMOUNT. The Employer shall make a mandatory contribution of $50.00 per pay period on a pre-tax basis for every employee in the Defined Class. No employee in the Defined Class shall be permitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.
D. REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remitted on a “per pay period” basis in one aggregate ACH or wire transfer directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee.
The Employer hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein.
E. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust a monthly report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds.
The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.
F. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE
AMOUNTS. The City and the Union agree that the Union has the right, subject to approval of its members according to the Union’s internal rules, to prospectively modify the amount of the mandatory employee monthly contribution (Section B), or to include the mandatory transfer of employee leave where an employee is eligible to receive a monetary payout of accrued leave during the course of this Agreement, so long as the modification is mandatory for all employees covered by this Agreement.
G. LIMITATION OF LIABILITY. The City and Union agree that the Union shall hold the City harmless for the City's actions related to this section and indemnify the City against any liability the City incurs as a result of this section, including but not limited to, its agreement to allow the Union to participate in a post-retirement healthcare trust and/or the City's processing of payroll deductions as set forth in this section.
SECTION 18.00 - GRIEVANCE PROCEDURE
18.01 PURPOSE
To assure prompt and fair treatment of employee grievances related to employment. Any
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employee covered by this Memorandum of Understanding may file a grievance.
18.02 DEFINITIONS
A grievance is defined as an alleged violation, misinterpretation or misapplication of the provisions of this Memorandum of Understanding or, the City’s Personnel Rules and Regulations.
18.03 LIMITATIONS
A. A grievant may be represented by any representative of their choosing in preparing and presenting a grievance.
B. No reprisal shall result against any employee who presents a bona fide grievance under this procedure.
C. Time limits may be extended by written mutual agreement of the parties. Absent such agreement, grievances may be advanced to the next step if time limits are not met.
D. A grievance shall be considered settled in favor of the other party if, at any step, a decision is not rendered or appealed within the specified time limit.
E. Only upon mutual written agreement between the parties may Step I of the grievance procedure be waived.
F. Grievances may, by mutual agreement in writing, be referred back for further consideration or discussion to a prior Step, or advanced to a higher Step of the grievance procedure. If a grievance is moved either forward or backward to another Step, the time limits at that Step shall be controlling shall begin on the date the parties agree to the move.
18.04 CONSOLIDATION
Concurrent grievances alleging violation of the same provisions shall be consolidated for the purpose of this procedure as a single grievance.
18.05 PROCEDURES
18.05.01 STEP I
The grievant will first attempt to resolve the grievance through informal discussions with their immediate supervisor or other appropriate department personnel. These discussions must be initiated within ten (10) working days of when the employee knew, or reasonably should have known of the incident upon which the grievance is based. Meetings shall be scheduled in advance and the nature of the grievance stated when the appointment is made. Every attempt will be made by the parties to settle the issue at this level.
18.05.02 STEP II
If the grievance is not resolved through the informal discussions, the employee or their representative may within ten (10) workdays after the informal meeting, submit a written
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grievance to their department head.
The written grievance must contain in clear, factual and concise language:
1. Name of the grievant.
2. A brief statement as to the date, time and place of the occurrence on which the grievance is based and the facts as the grievant see them.
3. The specific provision of the M.O.U. or Personnel Rules and Regulations which the grievant alleges has been misinterpreted, misapplied or violated.
4. Steps taken toward informal resolution.
5. The action the grievant believes will resolve the grievance.
6. The name of any representative chosen by the grievant.
7. A copy of the written grievance, signed by the grievant, shall be presented at the time of the department head conference.
The Fire Chief or their designee shall hold a conference with the grievant within ten (10) workdays following receipt of the formal grievance. He/she shall prepare a written response within five (5) working days after the conference. Copies shall go to the parties involved including the employee’s representative and the Human Resources Department.
18.05.03 STEP III
If the grievance is not resolved, the grievant may, within five (5) workdays following receipt of the Fire Chief’s or designee’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal. The grievance may also be appealed if the department head fails to respond within fifteen (15) workdays after submission of the formal grievance.
The City Manager or their representative shall set a hearing within ten (10) workdays of receiving the appeal. The grievant, their representative and other parties summoned by the City Manager or representative shall attend the hearing and present testimony or evidence concerning the grievance. The parties may bring a reasonable number of witnesses to the hearing.
The City manager or their representative shall render a written decision to all parties directly involved with fifteen (15) workdays following the hearing.
18.05.04 STEP IV
If the grievance is not resolved to the satisfaction of the employee at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided s/he so informs the City in writing within ten (10) working days following receipt of the City Manager’s decision.
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Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The Arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this Agreement, or to alter any wage rate or wage structure. The decision of the Arbitrator shall be rendered after the evidence and arguments are presented to him/her by the parties in the presence of each other and in post hearing briefs if necessary. The decision of the Arbitrator shall be final and binding upon the parties.
The Arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
The Arbitrator’s expenses, if any, shall be borne equally by the parties. Each party shall bear the cost of its own representation.
SECTION 19.00 - DISCIPLINARY APPEALS PROCEDURE
19.01 DEFINITION
For the purposes of this article, disciplinary action shall mean suspension, demotion, disciplinary reduction in salary or discharge.
The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.
19.02 PRE-ACTION PROCEDURE
19.02.01 STEP I
Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based.
The employee shall have the right to respond to the charges within five (5) workdays from receipt of the notice either orally, in writing, or both, to the Fire Chief. If the Fire Chief is personally involved in the initial investigation and notice process, the City Manager or Director of Human Resources shall appoint a designee to hear the response.
The employee may request an extension of the time to respond for justifiable reasons. Failure
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to respond within the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.
19.02.02 STEP II
Following a review of a proposed disciplinary action, the Fire Chief, within five (5) workdays of receiving employee’s response, shall render a written decision and send it by registered mail or personal delivery to the employee. A copy shall also be mailed to the employee’s representative.
The employee has the right, within five (5) workdays after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.
19.03 POST-ACTION APPEAL
19.03.01 STEP III
If the employee files a timely appeal, the City Manager shall, within five (5) workdays after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than five (5) workdays from the date the appeal was received.
The hearing officer may conduct such independent investigation of the matter as he/she deems necessary to evaluate claims raised by the employee during the hearing. However, the hearing officer shall not initiate an investigation or introduce new factual findings that were not previously disclosed to the employee as part of the basis for their discipline, unless those facts were introduced by the employee during the hearing. In such cases, the hearing officer may include those facts solely to supplement the findings related to the employee’s claims.
The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.
The appellant shall appear personally at the scheduled hearing unless physically unable to do so. The appellant or their representative may produce relevant oral or documentary evidence at the hearing.
Within fifteen (15) workdays following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.
19.03.02 STEP IV
If the appeal is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.
Within ten (10) working days from the date of receipt of the appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately, thereafter, jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.
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If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.
The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to him/her by the parties in the presence of each other and in post hearing briefs, if necessary.
The decision of the arbitrator shall be final and binding upon the parties.
The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.
For disciplinary action which results in a suspension of three (3) days or less, the losing party shall pay for the cost of the arbitrator. For disciplinary action which results in a suspension of greater than three (3) days or demotion, reduction in salary or discharge, the arbitrator’s expenses shall be borne equally by the parties. In either case, each party shall bear the cost of its own representation.
19.04 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
During the period of this Memorandum of Understanding, the City and Union agree to adopt and comply with the Firefighter Procedural Bill of Rights Act, codified as California Government Code §§ 3250-3262, effective January 1, 2008.
SECTION 20.00 - WRITTEN REPRIMANDS
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to the Fire Chief by filing an appeal to the Fire Chief within five (5) working days of receipt of the reprimand. The Fire Chief’s decision regarding the written reprimand shall be final.
SECTION 21.00 - SEVERABILITY
This Memorandum is subject to all current and future applicable Federal and State laws, State regulations, California Constitution, and City of Santa Cruz, Charter, Resolutions, or Ordinances.
Should any of the provisions herein contained be rendered or declared invalid by reason of any State or Federal legislation or court action, such invalidations of such part or portions of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect insofar as such remaining portions are severable.
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SECTION 22.00 - RENEGOTIATIONS
If the Union desires to negotiate a successor M.O.U., then the Union shall serve upon the City during April of the final year of the M.O.U., its written request to begin negotiations as well as its written proposals modifying the M.O.U. Negotiations shall begin within thirty (30) days from the date of receipt by the City of such notice and proposals.
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SANTA CRUZ FIREFIGHTERS CITY OF SANTA CRUZ
I.A.F.F., LOCAL 1716
DATED: DATED:
Eric Azarvand Sara De Leon
Eddie Carlson Tim Davis
14.66 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ
AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 17, 2022 – September 26, 2025September 27, 2025-June 30June 30, 2028
14.67 MEMORANDUM OF UNDERSTANDING
CITY OF SANTA CRUZ AND
SANTA CRUZ FIREFIGHTERS, I.A.F.F. LOCAL 1716
September 2717, 20252 – JuneSeptember 3026, 20285
Contents
SECTION 1.00 - TERM ................................................................................................................................... 1 SECTION 2.00 - PREAMBLE ......................................................................................................................... 1 SECTION 3.00 - NO ABROGATION OF RIGHTS ........................................................................................ 1 SECTION 4.00 - UNION/MANAGEMENT RELATIONS............................................................................. 1
4.01 Association Use of City E-Mail System .......................................................................................... 1 SECTION 5.00 - UNION RECOGNITION/AGENCY SHOP ....................................................................... 2
5.01 Recognition ...................................................................................................................................... 2
5.02 Payroll Deduction ............................................................................................................................ 2
5.02.01 Payroll Deductions ................................................................................................................. 2
5.02.02 Union’s Certification ............................................................................................................. 2
5.03 Indemnification ..................................................................................................................................... 3
5.04 Union Notification ........................................................................................................................... 3 SECTION 6.00 - FULL UNDERSTANDING, MODIFICATION, WAIVER ................................................ 3 SECTION 7.00 - NO DISCRIMINATION ...................................................................................................... 4 SECTION 8.00 - WORK WEEK/SHIFTS/ASSIGNMENTS .......................................................................... 4
8.01 56 Hour/Week Schedule .................................................................................................................. 4
8.01.01 Work Week ............................................................................................................................ 4
8.01.02 Shifts ...................................................................................................................................... 4
8.01.03 Time Released ........................................................................................................................ 4
8.02 40 Hour/Week Schedule .................................................................................................................. 4
8.02.01 Work Week ............................................................................................................................ 4
8.02.02 Schedule ................................................................................................................................. 5
8.03 Job Assignment ................................................................................................................................ 5
8.03.01 Fire Prevention Assignment ................................................................................................... 5
8.03.02 Marine Rescue Captain Assignment ...................................................................................... 5
8.04 Staffing ............................................................................................................................................ 5
8.05 Shift and Station Bidding ................................................................................................................ 5
8.06 Vacancy Bidding ............................................................................................................................. 5
14.68 8.08 Marine Safety Officer Shift Differential .......................................................................................... 5 SECTION 9.00 - PERSONNEL ACTION ....................................................................................................... 6
9.01 Performance Evaluations ................................................................................................................. 6
9.02 Probation .......................................................................................................................................... 6
9.02.01 Probationary Period ............................................................................................................... 6
9.02.02 Objective of Probationary Period ........................................................................................... 7
9.02.03 Rejection of Probationary Employee ..................................................................................... 7
9.02.04 Extension of Probation ........................................................................................................... 7
9.03 Personnel Files ................................................................................................................................. 7 SECTION 10.00 - PAY RATES AND PRACTICES ....................................................................................... 7
10.01 Salary Steps ................................................................................................................................. 7
10.01.01 Salary Rates Upon Appointment ....................................................................................... 7
10.01.02 Advancement Within the Range ........................................................................................ 8
10.02 Salary ........................................................................................................................................... 8
10.03 P.E.R.S. ....................................................................................................................................... 9
10.03.01 Employees Hired on or Before September 2, 2011 (Tier I) ............................................... 9
10.03.02 Employees Hired On or After September 3, 2011 (Tier II) ............................................. 10
10.03.03 Employees Hired On or After January 1, 2013 (Tier III) ................................................ 10
10.03.04 Retirement, All Employees .............................................................................................. 11
10.03.05 Sick Leave Conversion .................................................................................................... 11
10.04 Overtime .................................................................................................................................... 11
10.04.01 56-Hour Work Week ....................................................................................................... 11
10.04.02 40-Hour Work Week ....................................................................................................... 12
10.05 Marine Safety Officer CalPERS ................................................................................................ 12
10.06 Call Back ................................................................................................................................... 12
10.06.01 Marine Safety Officer Call-Back ..................................................................................... 13
10.06.01.01 Callback by Phone or Computer ................................................................................. 13
10.06.01.02 Callback to Worksite .................................................................................................. 13
10.07 Holidays .................................................................................................................................... 14
10.07.01 56-Hour per Week Employees ........................................................................................ 14
10.07.02 40-Hour per Week Employees ........................................................................................ 14
10.07.03 Marine Safety Officer Holidays ...................................................................................... 15
10.07.03.01 Fixed Holidays ............................................................................................................ 15
14.69 10.08 Working Out of Classification .................................................................................................. 16
10.09 Special Project Pay .................................................................................................................... 16
10.10 Special Detail ............................................................................................................................ 17
10.11 Bilingual Pay ............................................................................................................................. 17
10.12 Education Incentive ................................................................................................................... 17
10.13 Longevity .................................................................................................................................. 18
10.14 Paramedic Program ................................................................................................................... 19
10.15 Emergency Medical Technician ................................................................................................ 19
10.16 Paramedic Premium Pay for Marine Safety Administrative Captain ........................................ 19
10.17 Rescue Swimmer Assignment and Compensation .................................................................... 19
10.18 Haz-Mat Technician Assignment and Compensation ............................................................... 19
10.19 On-Call Fire Investigator Assignment and Compensation ........................................................ 20 SECTION 11.00 - SICK LEAVE ................................................................................................................... 20
11.01 Definition .................................................................................................................................. 20
11.02 Accrual ...................................................................................................................................... 20
11.02.01 24-Hour Shift Personnel .................................................................................................. 20
11.02.02 40-Hour per Week Personnel .......................................................................................... 20
11.02.03 Paid Status ....................................................................................................................... 21
11.03 Limitations ................................................................................................................................ 21
11.04 Sick Leave Incentive ................................................................................................................. 21
11.04.01 56-Hour per Week Employees ........................................................................................ 21
11.04.02 40-Hour per Week Employees ........................................................................................ 22 SECTION 12.00 - VACATION ...................................................................................................................... 22
12.01 Accrual ...................................................................................................................................... 22
12.01.01 40-hour/week schedules .................................................................................................. 22
12.01.02 56-hours/week schedules ................................................................................................. 22
12.02 Illness During Vacation ............................................................................................................. 22
12.03 Union Leave Bank ..................................................................................................................... 23 SECTION 13.00 - BEREAVEMENT LEAVE ............................................................................................... 24
13.01 Marine Safety Officer Bereavement Leave .............................................................................. 25 SECTION 14.00 - LEAVES OF ABSENCE .................................................................................................. 26
14.01 Unpaid Leaves of Absence ........................................................................................................ 26
14.01.01 Medical or Personal Leave .............................................................................................. 26
14.70 14.01.02 Pregnancy Disability Leave ............................................................................................. 26
14.01.03 Family Leave ................................................................................................................... 26
14.01.04 Continuation of Insurance Benefits During Unpaid Leaves of Absence ......................... 28
14.02 Paid Leaves of Absence ............................................................................................................ 29
14.02.01 Paid Birth/Adoptive Leave .............................................................................................. 29
14.02.02 Military Leave ................................................................................................................. 29 SECTION 15.00 - UNIFORMS, LINENS, AND PERSONAL PROPERTY ................................................ 29
15.01 Uniforms ................................................................................................................................... 29
15.02 Linens ........................................................................................................................................ 30
15.03 Personal Property ...................................................................................................................... 30 SECTION 16.00 - MISCELLANEOUS PROVISIONS ................................................................................. 30
16.01 Additional Duties ...................................................................................................................... 30
16.02 Miscellaneous Employment ...................................................................................................... 30
16.03 Promotions ................................................................................................................................ 30
16.04 Layoff Policy & Procedure........................................................................................................ 31
16.04.01 Layoffs ............................................................................................................................. 31
16.04.02 Bumping .......................................................................................................................... 31
16.04.03 Notification ...................................................................................................................... 31
16.04.04 Reinstatement .................................................................................................................. 31
16.05 Consolidation Merger ................................................................................................................ 31
16.06 Tuition Reimbursement ............................................................................................................. 32
16.07 Captain/Engineer Promotional Exam ........................................................................................ 32 SECTION 17.00 - BENEFITS ........................................................................................................................ 32
17.01 Medical Plan/Flexible Benefits ................................................................................................. 32
17.01.01 Medical Waiver Benefit ................................................................................................... 33
17.01.02 Optional Benefits ............................................................................................................. 33
17.02 Dental Plan ................................................................................................................................ 33
17.03 Vision Insurance ........................................................................................................................ 34
17.04 Retired Health Program ............................................................................................................. 34
17.04.01 Retiree Medical/CalPERS Medical Plan ......................................................................... 34
17.04.02 Retiree Medical Incentive ................................................................................................ 34
17.04.03 Disability Retirement before Eligible Age for Service Retirement ................................. 35
17.05 Life Insurance ............................................................................................................................ 35