1 EXHIBI
T “A” TO RESOLUTION NO. RES-2024-XXX
MEM
ORANDUM OF UNDERSTANDING
BETW
EEN
CIT
Y OF SANTA ROSA
AND T
HE
SANT
A ROSA POLICE MANAGEMENT ASSOCIATION
FO
R AND ON BEHALF OF THE EMPLOYEES IN THE
CIT
Y’S UNIT #9 – FIRE SAFETY MANAGEMENT
July
1, 2024 through June 30, 2026
2 TABLE OF CONTENTS PAGE
ARTICLE 1 DESIGNATION OF THE PARTIES .......................................................... 4 ARTICLE 2 RECOGNITION ........................................................................................ 4 ARTICLE 3 AUTHORIZED AGENTS .......................................................................... 4 ARTICLE 4 SEVERABILITY ........................................................................................ 4 ARTICLE 5 FULL UNDERSTANDING, MODIFICATION, WAIVER ............................ 5 ARTICLE 6 RENEGOTIATIONS .................................................................................. 5 ARTICLE 7 RULES AND REGULATIONS .................................................................. 6 ARTICLE 8 WORK CURTAILMENT ............................................................................ 6 ARTICLE 9 PAYROLL DEDUCTION .......................................................................... 6 ARTICLE 10 ASSOCIATION RELEASE TIME ............................................................. 7 ARTICLE 11 ASSOCIATION LEAVE ............................................................................ 9 ARTICLE 12 PROMOTIONAL EXAMS – RELEASE TIME ......................................... 10 ARTICLE 13 JURY LEAVE ......................................................................................... 10 ARTICLE 14 ADMINISTRATIVE LEAVE .................................................................... 10 ARTICLE 15 HOLIDAYS ............................................................................................. 11 ARTICLE 16 FLOATING HOLIDAYS FORTY (40) HOUR FIRE MANAGERS ........... 12 ARTICLE 17 VACATION LEAVE ................................................................................ 13 ARTICLE 18 VACATION “SELL BACK” PROGRAM ................................................ 15 ARTICLE 19 MILITARY LEAVE .................................................................................. 16 ARTICLE 20 CATASTROPHIC LEAVE ...................................................................... 16 ARTICLE 21 BEREAVEMENT LEAVE ....................................................................... 18 ARTICLE 22 SICK LEAVE .......................................................................................... 18 ARTICLE 23 LEAVE OF ABSENCE ........................................................................... 23 ARTICLE 24 INDUSTRIAL INJURY OR ILLNESS LEAVE ......................................... 24 ARTICLE 25 JOB RELATED INJURY OR ILLNESS/LIMITED DUTY ASSIGNMENTS ............................................................................................................... 24 ARTICLE 26 NON-JOB RELATED INJURY OR ILLNESS/LIMITED DUTY ASSIGNMENTS ..................................................................................... 25 ARTICLE 27 HEALTH INSURANCE ........................................................................... 25 ARTICLE 28 DEPE NDENT CARE ASSISTANCE PROGRAM ................................... 27 ARTICLE 29 COMBINED DENTAL AND VISION INSURANCE ................................. 27 3 ARTICLE 30 LIFE INSURANCE .................................................................................. 28 ARTICLE 31 DISABILITY ............................................................................................ 29 ARTICLE 32 ADDITIONAL INSURANCE PLANS ...................................................... 29 ARTICLE 33 RETIRED EMPLOYEES HEALTH INSURANCE ................................... 29 ARTICLE 34 RETIREE HEALTH STIPEND PROGRAM ............................................. 29 ARTICLE 35 RETIREMENT ........................................................................................ 30 ARTICLE 36 PERS – “PICK-UP” ................................................................................ 33 ARTICLE 37 UNIFORMS ............................................................................................. 33 ARTICLE 38 COMMUNITY INVOLVEMENT ............................................................... 34 ARTICLE 39 PEACE OFFICERS ................................................................................ 34 ARTICLE 40 MANAGEMENT SALARY PLAN AND PERFORMANCE EVALUATION SYSTEM ................................................................................................. 34 ARTICLE 41 SALARY SCHEDULE ............................................................................ 34 ARTICLE 42 PREMIUM PAY ...................................................................................... 34 ARTICLE 43 OVERTIME ............................................................................................. 36 ARTICLE 44 FIRE EXTRA SHIFT PAY ....................................................................... 36 ARTICLE 45 ASSIGNMENTS ON SCHEDULED DAYS OFF ..................................... 36 ARTICLE 46 FIRE DEPARTMENT DUTY CHIEF ....................................................... 37 ARTICLE 47 …………………………………………………………………………………...38
ARTICLE 48 ACTING PAY – DEPUTY FIRE CHIEF/FIRE CHIEF.............................. 38 ARTICLE 49 DISCIPLINE ............................................................................................ 38 ARTICLE 50 GRIEVANCE .......................................................................................... 39 ARTICLE 51 MEDIATION ............................................................................................ 40 ARTICLE 52 ARBITRATION ....................................................................................... 41 ARTICLE 53 CITY RIGHTS ......................................................................................... 43 ARTICLE 54 EMPLOYEE RIGHTS ............................................................................. 43 ARTICLE 55 MUTUAL RESPONSIBILITY .................................................................. 43 ARTICLE 56 TERM ....................................................................................................... 43 ARTICLE 57 RECOMMENDATION ............................................................................. 44 RATIFICATION ............................................................................................................. 44 EXHIBIT A - VISION AND DENTAL INSURANCE PLANS ……………………….…….45 Attachment 1
4 ARTICLE 1 DESIGNATION OF THE PARTIES
1.1 This Agreement is by and between the CITY of Santa Rosa, hereinafter referred to as “CITY”, and the Santa Rosa Police Management Association, hereinafter referred to as “ASSOCIATION”. Collectively, the City and the Santa Rosa Police Management Association are referred to throughout this Agreement as the “parties”.
ARTICLE 2 RECOGNITION
2.1 Pursuant to Ordinance No. 1515, the Employer-Employee Relations Ordinance of the CITY of Santa Rosa, and applicable state law, the Santa Rosa Police Management Association was designated by the City of Santa Rosa City Council as the exclusive representative of City unit members in the CITY’s Unit #9-Fire Safety Management, (hereinafter referred to as “UNIT”). As used in this Agreement, the term “employee” shall refer only to the employee classifications comprising said Unit.
ARTICLE 3 AUTHORIZED AGENTS
3.1 For the express purpose of administering the terms and provisions of this Agreement:
A. The City’s principal authorized agent shall be the City Manager or City Manager’s designee, except where a particular CITY representative is specifically designated in the Agreement.
B. The Santa Rosa Police Management Association principal authorized agent shall be the ASSOCIATION’s President; or the President’s designee, except where a particular ASSOCIATION representative is specifically designated in the Agreement.
ARTICLE 4 SEVERABILITY
4.1 The provisions of this Agreement shall be subordinate to any present or subsequent federal law, state law or CITY Charter provision. Should any part of this Agreement be rendered or declared illegal or invalid by statute or decree of a court of competent jurisdiction, this invalidation shall not affect the remaining portions of this Agreement.
4.2 If any part of this Agreement is invalidated through legislation or by a decision of a court of competent jurisdiction, then either party has the right to make a written request to the other party to negotiate a replacement for the portion of the 5 Agreement that was negated. Such written request shall be served upon the other party within thirty (30) days of the effective date of the legislation or decision by the court.
Such negotiation shall be completed within thirty (30) days of the first meeting held to resolve the problem. The balance of the Agreement shall remain in full force and effect.
ARTICLE 5 FULL UNDERSTANDING, MODIFICATION, WAIVER
5.1 This Agreement 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.
5.2 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.
5.3 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 ASSOCIATION. For purposes of this Agreement, emergency means any sudden and unforeseeable incident or occurrence.
5.4 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 ASSOCIATION.
5.5 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.
ARTICLE 6 RENEGOTIATIONS
6.1 In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period January 1 to January 31 of the last year of the term of this Agreement, its written request to begin negotiations.
6.2 Formal negotiating sessions for a successor agreement shall commence no later than February 15, 2026.
6 ARTICLE 7 RULES AND REGULATIONS
7.1 The following rules and regulations, as they exist now or as they may be amended through the meet and confer process, shall be applicable unless superseded by any provision of this Agreement:
A. Personnel Rules and Regulations.
B. Employer-Employee Relations Rules and Regulations.
The CITY shall not change the rules and regulations listed herein without first meeting and conferring with the ASSOCIATION.
ARTICLE 8 WORK CURTAILMENT
8.1 Under no conditions or circumstances shall the ASSOCIATION or any of the employees it represents individually or collectively cause, sanction, honor or engage in any strike, sit-down, stay-in, sick-out, slow-down, speed-up, work to rule or in any other type of job action, curtailment of work, restriction of production or restriction of service during the term of this Agreement.
ARTICLE 9 PAYROLL DEDUCTION
9.1 During the term of this Agreement and to the extent the laws of the State of California permit, and as provided herein, the CITY will, in addition to deductions required by law, make payroll deductions with the employee’s consent for U.S. Savings Bonds, Employee’s Credit Union, Employee’s Health and Accident Insurance, Life Insurance, charitable contributions, Deferred Compensation and monthly dues for membership in one (1) authorized employee organization.
The deduction of dues for membership in an authorized employee organization shall be based on a uniform dues schedule and made from the pay of each employee who voluntarily executes and delivers to the CITY the “Voluntary Authorization for Deduction of ASSOCIATION Dues” authorization form provided by the Association.
Payroll deductions shall be made monthly and special assessments and penalties when assessed. However, the initial deduction for any employee shall not begin unless both (1) a properly executed “Voluntary Authorization for Deduction of ASSOCIATION Dues” and (2) the amount of the monthly membership dues certified by the ASSOCIATION has been delivered to the CITY at a place designated by the CITY at least ten (10) calendar days prior to the last day of the pay period. Changes in the 7 amount of the monthly membership dues must be delivered to the CITY at a place designated by the CITY at least thirty (30) calendar days prior to the last pay day of the calendar month prior to the change becoming effective.
All sums deducted by the CITY shall be remitted to the ASSOCIATION at an address given to the CITY by the ASSOCIATION, by the tenth (10th) calendar day following the pay period when the deductions were made, together with a list of names and the amount deducted for each employee for whom a deduction was made.
Assessments and penalties shall be remitted by the CITY within thirty (30) days after notification of the amount of said assessment or penalties. If the assessment is made of compensatory time off, the CITY may, at its option, convert the assessment to the cash value thereof, and remit said assessment in cash. “Cash value” is defined as the unit average hourly salary, times the number of affected employee(s).
An employee may revoke their “voluntary authorization” only as provided herein.
No revocation shall be effective retroactively nor apply to any special assessment or penalty previously noticed by the ASSOCIATION.
The CITY shall not be liable to the ASSOCIATION by reason of the requirements of this Article for the remittance or payment of any sum other than that constituting actual deductions made from the pay earned by the employees; or from the employee’s CTO bank as provided above. In addition, the ASSOCIATION shall indemnify and hold the CITY harmless from any liability resulting from any and all claims, demands, suits or any other action arising from compliance with this Article or in reliance on any list, notice, certification or authorization furnished under this Article.
ARTICLE 10 ASSOCIATION RELEASE TIME
10.1 The parties agree that one (1) on-duty employee acting as an employee representative for an employee in the Unit shall receive paid release time for the following activities:
A. Any interview where an employee is afforded the right to a representative by the Government Code, any other law; or CITY or Departmental policy;
B. Any pre-disciplinary hearing;
8 C. Any Personnel Board hearing where disciplinary action is being reviewed;
D. Any grievance hearing/meeting between an employee and their supervisor(s), i.e., Fire Managers;
E. Any grievance hearing before a Fire Manager;
F. Any grievance hearing before the Human Resources Director/City Manager designee;
G. Any appeal hearing before the Personnel Board regarding the formal grievance; and
H. Any mediation and/or arbitration hearings.
10.2 An on-duty employee who acts as an employee representative under the above shall notify their immediate supervisor of the intent to be absent from the normal duty work station. The supervisor shall have the authority to deny the release of an on- duty representative if the supervisor determines that such release would have a gross, negative impact on the operation of the Fire Department in its responsibility to ensure the safety of the community. In such cases, other than Personnel board hearings, the interview or hearing may be rescheduled at the employee’s option without prejudice to either the employee or the CITY. If the release of an on-duty employee acting as a representative before the Personnel Board is denied for the reasons cited above, the CITY shall request that the Personnel Board reschedule the hearing without prejudice to either the employee or the CITY.
10.3 An on-duty employee acting as an employee representative during disciplinary matters shall be granted release time to consult privately with the employee being represented before and/or after the interview or hearing. A total of up to sixty (60) minutes may be used for this purpose.
10.4 An on-duty employee acting as an employee representative during grievance hearings/meetings, as in (D) through (H) above, shall be granted release time to consult privately with the employee being represented before and/or after the interview or hearing. A total of up to thirty (30) minutes may be used for this purpose. 9 10.5 Reasonable release time shall be given to ASSOCIATION representatives to meet and confer on items arising under Article 5, Full Understanding, Modifications, and Waiver.
ARTICLE 11 ASSOCIATION LEAVE
11.1 Employees may request paid leave of absence for normal ASSOCIATION business not precluded by this Agreement. Such employees shall receive their normal pay from the CITY and such pay shall be reimbursed to the CITY by the ASSOCIATION as provided below.
11.2 Such request shall be in writing to the Department head or the Department head’s designee.
11.3 ASSOCIATION leave shall be granted, in the same manner as vacation, if it does not require additional expenditures by the CITY and if the request meets the conditions set forth below. Leaves shall be requested and approved consistent with Department policy for requesting vacation, and ASSOCIATION leave. If the request is denied, the ASSOCIATION has the option of paying time and one half to back fill the position and the leave shall be granted.
11.4 An employee is not required to exhaust any paid leaves to be eligible for ASSOCIATION leave.
11.5 When an employee takes such leave, the leave shall be charged to the ASSOCIATION at straight time or at time and one half, whichever is appropriate pursuant to this article, and shall include direct benefit costs to the CITY.
11.6 Such paid leave shall not extend for more than thirty (30) days per employee in a fiscal year.
11.7 Cost of employee leaves taken pursuant to this Article shall be reimbursed to the CITY by being deducted by the CITY from the ASSOCIATION’s payroll dues deduction provided by Article 9, Payroll Deduction of Dues, together with an accounting of credits and debits for which charges have been made.
11.8 Any dispute between the ASSOCIATION and the Fire Department or the Finance Department shall be resolved by the City Manager or the City Manager’s designee.
10 11.9 By mutual agreement, the President of the ASSOCIATION may have their work schedule changed as a result of their election to that position.
ARTICLE 12 PROMOTIONAL EXAMS – RELEASE TIME
12.1 An employee who takes a CITY promotional exam, during time the employee is required to work, shall be given reasonable release time to take the exam.
The employee shall use the approved time off request procedure whenever release time is desired pursuant to this Article.
ARTICLE 13 JURY LEAVE
13.1 Employees who are required to serve as jurors shall be provided jury leave for the duration of the jury duty.
13.2 Employees serving as jurors shall receive full salary and benefits for the duration of the jury leave provided all money, less travel expenses, received by the employee for the jury duty is remitted to the CITY.
13.3 Time served as a juror by employees shall be considered as time worked so that an employee shall not be required to perform jury duty and also work a shift for the CITY during any twenty-four (24) hour period.
ARTICLE 14 ADMINISTRATIVE LEAVE
14.1 Forty (40) Hour Fire Managers shall receive the following Administrative Leave:
14.1.1 Twenty (20) hours annual Administrative Leave scheduled by department head upon request.
14.1.2 An additional sixty (60) hours annual Administrative Leave shall be available subject to approval and scheduling by the department head.
14.1.3 Administrative Leave is not accruable from year to year.
14.2 Fifty-Six (56) Hour Fire Managers shall receive the following Administrative Leave:
14.2.1 Twenty-eight (28) hours annual Administrative Leave scheduled by department head upon request.
14.2.2 An additional eighty-four (84) hours annual Administrative Leave shall be available subject to approval and scheduling by the department head.
14.2.3 Administrative Leave is not accruable from year to year. 11 ARTICLE 15 HOLIDAYS
15.1 Designated Holidays
The following days of each year are designated as paid holidays:
HOLIDAY DATE
New Year’s Day January 1
Martin Luther King Day Third Monday in January
President’s Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth National Independence Day June 19
Independence Day July 4
Labor Day First Monday in September
Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
Day After Thanksgiving Friday After Thanksgiving
Christmas Day December 25
Floating Holiday By Agreement Between
Employee and Supervisor
Floating Holiday By Agreement Between
Employee and Supervisor
Unit members who are not in a paid status the day before and the day after a holiday shall not be paid for the holiday.
15.2 In Lieu Holiday Pay For Fifty-Six (56) Hour Fire Managers In lieu of observing holidays, employees classified as Fifty-Six (56) Hour Fire Managers shall receive in lieu compensation for designated holidays.
15.2.1 Calculation of In Lieu Holiday Pay
Fifty-Six (56) Hour Fire Managers shall be paid 16.8 hours of in lieu holiday pay for each designated holiday, excluding floating holidays. Unit members under this section shall not receive floating holidays or compensation 12 for floating holidays. The in lieu pay shall be paid at the time that the holiday occurs based on the following formula: 16.8 hours x base hourly rate of pay = In Lieu Holiday Pay.
15.3 Forty (40) Hour Fire Managers
A Fire Manager assigned to a forty (40) hour schedule shall receive the designated paid holidays described in Section 15.1.
15.3.1 Holiday Pay For Unit members on 4/10 or 9/80 Schedules Forty (40) Hour Fire Managers who work a schedule known as 9/80 shall receive nine (9) hours of holiday pay when the holiday falls on a regular nine (9) hour work day. Forty (40) Hour Fire Managers who work a schedule known as 4/10 shall receive ten (10) hours of holiday pay when the holiday falls on a ten (10) hour work day.
Holidays shall be recognized within the workweek (Sunday through Saturday) during which they fall. If the holiday falls on an employee’s Regular Day Off (RDO), the employee will normally recognize the holiday on the immediately preceding workday unless that would cause it to fall into a different workweek (Sunday through Saturday), in which case it will normally be recognized on the workday immediately following the holiday.
However, an employee and their supervisor may agree to recognize a holiday which falls on an RDO on any regular workday in the same workweek (Sunday through Saturday).
ARTICLE 16 FLOATING HOLIDAYS FORTY (40) HOUR FIRE MANAGERS
16.1 Floating Holidays must be taken during the payroll fiscal year in which they are earned. Floating Holiday Hours do not rollover between fiscal years (i.e., full- time employees may never have a balance of more than twenty (20) hours (or thirty (30) hours for qualifying employees in Sect. 16.3 below)), will not be paid out at separation, and have no cash value. The payroll fiscal year is defined as the first day of the first pay period that ends in the fiscal year through the last day of the last pay period that ends in the fiscal year.
16.2 A floating holiday shall be compensated at the base rate of pay for ten (10) hours times the FTE allocation. Employees hired between the first day of the 13 payroll fiscal year and December 31 shall receive twenty (20) hours times the FTE allocation and employees hired between January 1 and the last day of the payroll fiscal year shall receive ten (10) hours times the FTE allocation of Floating Holiday time.
16.3 Beginning on July 1, 2006, and following twenty (20) years of full time equivalent of CITY service, employees shall receive one (1) additional full time equivalent floating holiday for a total of three (3) full time equivalent floating holidays.
This third floating holiday will not be included in any holiday payout. Regular part-time employees shall receive a pro-rated Floating Holiday balance based on FTE allocation.
ARTICLE 17 VACATION LEAVE
17.1 Unit Members shall earn and may accumulate vacation time as indicated below:
Classification Years of
Service
Hours
Earned
Monthly
Maximum
Earned
Annually
Maximum
Hours of
Accumulation
Fifty-Six (56)
Hour Fire
Managers
1 – 4 10 120 360
5 – 10 16 192 576
11 – 14 20 240 720
15 – 19 22 264 792
20 – 24 24 288 864
25 or more 25 300 900
Forty (40) Hour Fire
Managers
1 – 4 7.12 85.5 256.5
5 – 10 11.4 136.8 410.4
11 – 14 14.25 171 513
15 – 19 15.67 188 564
20 – 24 17.10 205.2 615.6
25 or more 17.81 213.7 641.1
17.2 Maximum vacation accrual is established at three (3) times the annual accrual rate.
17.3 Vacation scheduling shall be approved by the CITY prior to being taken with due regard for the employee’s needs and the CITY’s need to provide services.
Vacation shall not be used for industrial injury leave or to extend a date of retirement. 14 17.4 Employees working a 4/10 schedule shall record ten (10) hours for each day taken as vacation. Employees working a 9/80 schedule shall record nine (9) hours for each nine (9) hour day taken as vacation, and eight (8) hours on the eight (8) hour working day.
17.5 The City Manager shall have the discretion to grant a balance of vacation hours to newly hired managers. The City Manager shall also have the discretion to place a newly hired manager at a higher established vacation accrual rate.
17.6 When an employee permanently transfers or promotes from a 56-hour position to a 40-hour position, and when an employee permanently transfers or promotes from a 40-hour position to a 56-hour position, the City will apply the accrual rate for vacation leave associated with the position by the employee during the applicable pay-period, at the rate set forth in Article 17.1.
17.6.1 If the employee has a vacation leave balance in excess of the Maximum Hours of Accumulation set forth in Article 17.1, then the City shall grant the employee twelve (12) months from the date of the transfer/promotion to bring their leave balance to at least forty (40) hours less than the applicable Maximum Hours of Accumulation (the “Requisite Amount”).
17.6.2 During this period, the City will permit an employee to carry and accrue a vacation balance in excess of the applicable Maximum Hours of Accumulation, only if the employee draws down their balance to the Requisite Amount by a) Selling back at least eighty (80) hours of vacation leave within twelve months of the assignment transfer in accordance with Article 17.6; and/or
b) Using vacation leave during the same period.
17.6.3 At the end of the 12-month period following the assignment transfer, the employee will no longer be exempt from the applicable Maximum Hours of Accumulation provided for in Article 17.1.
If an employee reduces their vacation leave balance to the Requisite Amount before the 12-month period following the assignment transfer, then the City shall hold the employee to the applicable Maximum Hours Accumulation and will not 15 continue to permit the employee to use or accrue vacation leave in excess of this amount.
If an employee has not reduced their leave balance to the Requisite Amount by the end of the 12-month period following the assignment transfer, the employee will stop accruing vacation leave until they reduce their vacation leave balance below the Maximum Hours of Accumulation.
17. 6.4 In exceptional circumstances, the Chief may grant an exception to the limitations set forth in Section 17.7.2 and allow additional time for an employee to reduce the vacation balance upon a showing of good cause for an employee’s inability to reduce their vacation leave balance during the 12-month period. “Good Cause” includes an inability to use or sell back a sufficient amount of accrued time due to a public health emergency, declaration of a local emergency or catastrophic event, or substantial staffing shortage as verified by the Chief during the relevant calendar period.
ARTICLE 18 VACATION “SELL BACK” PROGRAM
18.1 Unit Members may “sell back” vacation as set forth below:
18.1.1 Forty (40) Hour Fire Managers may “sell back” up to eighty (80) hours (prorated based on FTE allocation) of vacation providing they have eighty (80) hours of vacation remaining after the sell back. The payout will be at the employee’s base hourly rate of pay. This is their annual salary divided by 2080 hours (52 weeks x 40 hours per week).
F ifty-Six (56) Hour Fire Managers may “sell back” up to one hundred twelve (112) hours (prorated based on FTE allocation) of vacation providing they have one hundred twelve (112) hours of vacation remaining after the sell back. The payout will be at the employee’s base hourly rate of pay. This is their annual salary divided by 2920.08 hours (121.67 days x 24 hour shifts).
To sell back vacation hours, the employee will enter on their time card the appropriate number of hours (whole hours only) they would like to sell back.
The payout on the “sell back” hours will be made on the following paycheck.
18.1.2 Vacation sell backs are subject to the following procedure:
Effective December 2024, and during the month of December each year thereafter, there will be an open enrollment period during which each bargaining unit member must 16 make an irrevocable election to “sell back” vacation accrual the following year. The number of hours that the bargaining unit member will sell back must be indicated at that time. Failure to submit an irrevocable election form shall be the same as electing not to sell back vacation leave.
The sell back must be made by the first paycheck in December of the following year. A bargaining unit member who has elected to sell back vacation but has not done so by the first paycheck in December, will be automatically cashed out for the number of hours elected (subject to the limits of Article 18.1.1) on the second paycheck in December.
If an employee elects to “sell back” vacation but does not have sufficient hours of vacation leave bank during the pay period for which they request the sell back, their sell back request will not be fulfilled.
18.1.3 The vacation sell back option is only available once a calendar year for each employee.
ARTICLE 19 MILITARY LEAVE
19.1 An employee may be absent on military leave as authorized in Section 395 through 395.8 of the Military and Veterans Code of California, the Federal Uniformed Services Employment and Re-employment Rights Act, and CITY policies.
19.2 The employee shall furnish to the City Manager’s office satisfactory proof of their orders to report for duty and of their actual service pursuant to such orders.
19.3 Employees with less than one (1) year City service shall take such leave without compensation from the City as provided in the Military and Veterans Code.
ARTICLE 20 CATASTROPHIC LEAVE
20.1 Catastrophic leave is a paid leave of absence due to life-threatening verifiable long-term illness or injury such as, but not limited to, cancer and heart attack which clearly disables the individual.
20.2 All permanent employees of the City of Santa Rosa who have completed one (1) year in paid status shall be eligible for catastrophic leave due to their own catastrophic illness or injury or catastrophic illness or injury to dependent spouse, qualified domestic partner, parent or dependent minor child.
20.3 The employee must first exhaust all accrued sick leave, vacation leave, floating holiday, administrative leave and compensatory time before qualifying for 17 catastrophic leave. Once all accrued benefits have been exhausted and catastrophic leave has been granted, the employee shall not accrue any vacation or sick leave while using donated hours. If an employee returns to work on a part-time basis during their catastrophic leave, the employee shall accrue vacation and sick leave. Any such accruals will be banked. No new accruals, if any, may be used until all catastrophic leave credit has been exhausted.
20.4 Catastrophic leave shall be additional paid leave available from vacation, compensatory leave, administrative leave, Management Benefit Plan or floating holidays donated by other CITY employees to a specific qualified employee.
20.5 Employees donating vacation, compensatory or administrative leave must do so in increments of whole hours. The donating employee must have a vacation leave balance of at least forty (40) hours of vacation time after the donation. Employees may donate all of their accrued compensatory time or administrative leave. Employees may also donate sick leave up to twenty four (24) hours in a fiscal year. Employees donating sick leave must have a balance of eighty (80) hours of sick leave after the donation.
20.6 An employee requesting catastrophic leave must receive the recommendation of their department head and the approval of the City Manager or the City Manager’s designated committee. Such leave may initially be approved up to a maximum of three hundred and forty (340) donated hours. If the catastrophic illness or injury continues, up to an additional three hundred and forty (340) donated hours may be recommended for approval.
20.7 If leave is granted, the CITY shall require the employee to provide medical information indicating the nature of the illness or injury, the prognosis and estimated date of return. In addition, the CITY shall require, prior to the employee’s return to work, written approval from the employee’s doctor to resume job duties. The CITY shall require an employee to sign a form authorizing release to the CITY of any and all medical information prior to granting catastrophic leave. If the department head determines that documentation of illness or injury and ability to return to work is unnecessary, the requirement to provide medical information and doctor’s release may be waived.
18 20.8 Catastrophic leave may not be used to extend a date of retirement.
Various Government Code sections stipulate the circumstances to initiate disability retirements. The CITY will comply with these provisions and other applicable Government Codes and PERS regulations.
20.9 Catastrophic leave shall not be used in conjunction with any long or short term disability benefits or Workers’ Compensation leave.
20.10 The Payroll Department shall account for the donation and disbursement of catastrophic leave hours. All time donated will be credited on an hour for hour basis regardless of hourly pay differentials between donating employee and recipient.
20.11 A catastrophic leave committee shall be appointed by the City Manager to monitor the program.
ARTICLE 21 BEREAVEMENT LEAVE
21.1 Employees shall be allowed at least five (5) workdays off for bereavement leave. Payment for bereavement leave shall only be made under the provisions set forth below.
21.2 Forty (40) Hour Fire Managers shall be paid up to forty (40) hours, or Fifty- Six (56) Hour Fire Managers shall be paid up to fifty-six (56) hours, of bereavement leave because of death in the immediate family. For the purposes of bereavement leave, immediate family shall mean the employee’s spouse, qualified domestic partner, father, father-in-law, mother, mother-in-law, brother, sister, child (including stepchildren), stepparents, grandparents and grandchildren of the employee, and parents and children of employee’s qualified domestic partner. Employees may supplement the paid bereavement leave set forth in this section with accrued leave (including vacation or sick leave) to reach a total of five (5) workdays of bereavement leave.
ARTICLE 22 SICK LEAVE
22.1 Sick Leave Accumulation
Forty (40) Hour Fire Managers shall earn and may accumulate sick leave as follows:
Hours Earned Approx. Maximum Hours
biweekly Annual of Accumulation
4.30 112 No limit
19 Fifty-Six (56) Hour Fire Managers shall earn and may accumulate sick leave as follows:
Hours Earned Approx. Maximum Hours
biweekly Annual of Accumulation
6.46 168 No limit
22.2 The City Manager shall have the discretion to grant a balance of sick leave hours to newly hired managers.
22.2.1 When an employee permanently transfers or promotes from a 56-hour position to a 40-hour position, or vice versa, the City will apply the accrual rate for sick leave associated with the position by the employee during the applicable pay-period, at the rate set forth in Article 22.1.
22.3 Sick leave shall not be considered as a right which an employee may use at their discretion and shall be allowed only in case of actual sickness or disability of employee or dependent or as authorized by State law. No punitive actions shall be imposed on employees for taking justifiable sick leave.
22.4 For the purpose of charging sick leave, the minimum sick leave chargeable shall be one quarter (0.25) working hour.
22.5 Employees may use sick leave when they are unable to work because of disability due to a non-industrial sickness or injury. No sick leave shall be payable for any sickness, disability or injury which results or occurs as follows:
A. Working for an employer other than the CITY;
B. During vacation unless the employee was confined to a hospital or other fixed location under written doctors order; C. During a layoff, leave of absence or disciplinary suspension; and/or
D. After a termination date.
22.6 On taking sick leave time, employees shall notify their appropriate Department either prior to or within one (1) hour after the time set for beginning daily duties or by another time specified by the CITY.
20 22.7 The CITY shall revoke pay, sick leave time and take appropriate disciplinary action if the employee is not using sick leave as authorized or inappropriately using sick leave in accordance with Article 22.11or has engaged in private or other public work while on sick leave.
22.8 The CITY may require an employee to provide a medical provider’s statement verifying the employee’s ability to work and any work restrictions prior to permitting the employee to return to work following the use of any sick leave in accordance with the City’s Personnel Rules and Regulations.
22.9 Sick leave shall continue to be earned while an employee is on vacation or sick leave.
22.10 If an employee has not recovered by the time they have exhausted their accumulated sick leave, the City Manager’s Office may grant the employee a leave of absence, without pay, upon receipt of such a request in writing from the employee.
Sick leave shall not be used to extend a date of retirement; however, an employee, upon retirement, may convert their unused sick leave balance to service credit as authorized by CalPERS.
22.11 Sick Leave – Family Illness
Employees may use hours of accumulated sick leave for the illness or injury of their spouse, qualified domestic partner, child, adopted child, foster child, stepchild, child of the employee’s qualified domestic partner, parents, step-parents, foster parents, in-laws (parents), in-laws (step-parents), grandchildren, grandparents, sibling, or any other person as provided by State law.
22.12 Sick Leave – Retirement Options
Employees shall have a one-time choice at the commencement of employment, or promotion into the Unit, of one (1) of two (2) options to receive pay for accumulated but unused sick leave as follows:
22.12.1 Option 1: Fifty-Six (56) Hour Fire Managers using fifty-six (56) hours or less of sick leave, from the first day of the first pay period that begins in January through the last day of the last pay period that begins in December, shall earn one (1) twenty-four hour shift of pay at the employee's regular hourly rate. Forty (40) Hour Fire Managers using twenty five (25) hours or less of sick leave, on a calendar 21 year basis, shall earn seventeen (17) hours of pay at the employee’s regular hourly rate.
Pay outs shall be paid on the second pay check of January.
22.12.1.1 Fifty-Six (56) Hour Fire Managers who are promoted out of the bargaining unit during the last six (6) months of the calendar year shall receive the sick leave incentive, pro-rated as follows:
Fifty-Six (56) Hour Fire Managers promoted in: Shall receive July 50% of the sick leave incentive
provided they have used less than
28 hours of sick leave
August 58% of the sick leave incentive
provided they have used less than 32
hours of sick leave
September 66% of the sick leave incentive
provided they have used less than 37
hours of sick leave
October 75% of the sick leave incentive
provided they have used less than 42
hours of sick leave
November 83% of the sick leave incentive
provided they have used less than 46
hours of sick leave
December 91% of the sick leave incentive
provided they have used less than
51 hours of sick leave
22.12.1.2 Forty Hour (40) Fire Managers who are promoted out of the bargaining unit during the last six (6) months of the calendar year shall receive the sick leave incentive, pro-rated as follows:
Forty (40) Hour Fire Managers promoted in: Shall receive July 50% of the sick leave incentive
provided they have used less
than 12.5 hours of sick leave
August 58% of the sick leave incentive
provided they have used less
than 14.5 hours of sick leave
September 66% of the sick leave incentive
provided they have used less
than 16.5 hours of sick leave
22 Forty (40) Hour Fire Managers promoted in: Shall receive October 75% of the sick leave incentive
provided they have used less
than 19 hours of sick leave
November 83% of the sick leave incentive
provided they have used less
than 21 hours of sick leave
December 91% of the sick leave incentive
provided they have used less
than 23 hours of sick leave
22.12.2 Option 2: Unit members who retire or whose positions are eliminated and who have completed ten (10) consecutive years of employment with the City shall receive payment for one-half (1/2) of any accumulated but unused sick leave up to a maximum of one thousand (1,000) hours. The rate of pay shall be the regular hourly rate of pay at the time the position is vacated.
22.12.3 Should the City provide a majority of City unit members with a retirement buyback plan more beneficial than that provided herein, the unit members covered by this Agreement shall automatically receive the same benefit at the same time and this part shall be considered amended to memorialize that level of benefits.
The following conditions shall apply to the two (2) options outlined above:
a. Once an option is chosen, the employee shall be bound by it for the duration of employment with the CITY.
b. All new employees hired after the date of this Agreement shall choose either Option 1 or Option 2 upon employment with the CITY. c. Employees promoted into a classification covered by this Agreement, who were not previously covered by this Agreement, may continue with Option 2 or switch to Option 1. Employees switching to Option 1 shall, upon retirement, have their total accrued sick leave as of the date of their promotion paid for as indicated in Option 2 unless the total hours are reduced below this level through the use of sick leave. If this occurs, the remaining hours shall be reimbursed as in Option 2. d. Employees who elect Option 2 may convert their entire balance of sick leave to service credit rather than receiving payment as described above.
22.13 Sick Leave – Position Elimination
23 Any employee whose position is eliminated, and the employee is subsequently laid off, and who has completed ten (10) consecutive years of employment with the CITY, shall receive payment for one-half (1/2) of any accumulated but unused sick leave up to a maximum payment of six hundred (600) hours. The rate of pay shall be regular hourly rate of pay at the time the position is vacated.
22.14 Sick Leave – Employee Death
If an employee dies, then all of the employee’s accumulated sick leave shall be paid at the regular hourly rate of pay at the time of the employee’s death. Such payment shall be made to the person named by the employee as beneficiary in the employee’s life insurance policy.
ARTICLE 23 LEAVE OF ABSENCE
23.1 Employees may request a leave of absence in accordance with the City Leave of Absence Procedure(s), without pay, in writing to their respective department heads. Employees are required to exhaust accumulated sick leave, vacation, bereavement leave if applicable, administrative leave or floating holidays prior to taking a leave of absence without pay in accordance with State and Federal law.
23.2 These requests may be approved as follows:
23.2.1 By the department head for a time not exceeding twenty-four (24) working hours.
23.2.2 By the City Manager or Human Resources Director for any time exceeding twenty-four (24) working hours.
23.2.3 As required by state or federal law.
23.3 If the continuous period of absence is confined within one (1) calendar month and is less than the full calendar month, insurance benefits shall be continued by the CITY as for an active employee. In all other instances, the employee must make arrangements to repay the appropriate monthly premiums if insurance benefit coverage is to continue unless covered under FMLA.
23.4 The twenty-four (24) hour period shall be determined by starting at the first hours in the employee’s work week and counting off twenty-four (24) hour segments. 24 ARTICLE 24 INDUSTRIAL INJURY OR ILLNESS LEAVE
24.1 Benefits for safety employees shall be provided for under Section 4850 of the Labor code. Sick leave shall not be used for an industrial injury or illness.
ARTICLE 25 JOB RELATED INJURY OR ILLNESS/LIMITED DUTY
ASSIGNMENTS
25.1 The purpose of this Article is to determine the schedules for employees on temporary limited duty. The type of work performed is to be determined by the following:
A. Nature of employee’s injury
B. Needs of the Department
C. Skills of the employee
25.2 Employees who are medically precluded from fulfilling their normally assigned duties as a result of a job related injury or illness and who have been medically cleared to return to limited duty shall be assigned in the following manner:
A. Employees shall retain the same days off as is their current assignment.
B. Employees shall retain the same basic work hours, as is their current assignment, plus a thirty (30) minute non-paid meal period.
25.3 Exceptions
Subject to the need to make emergency assignments, the employee and the Department may mutually agree to a variance from the assignment process when any of the following situations occur:
A. The Department identifies special needs that would be better addressed by utilizing another work schedule or assignment.
B. The employee has special skills that could be utilized in other areas within the Department.
C. The employee has needs that would be better addressed by another schedule.
25 ARTICLE 26 NON-JOB RELATED INJURY OR ILLNESS/LIMITED DUTY
ASSIGNMENTS
26.1 Employees injured off-duty and allowed by the CITY to return to work on a temporary limited duty capacity shall be assigned to a work schedule according to the needs of the Department. Assignments of these employees shall not interfere with the temporary work assignments of employees injured on-duty.
ARTICLE 27 HEALTH INSURANCE
27.1 The CITY shall offer employees and their eligible dependents a health insurance program under the terms set forth below.
27.2 The CITY shall contribute towards this program up to, but not in excess of, the monthly premium calculated for employee, employee and one dependent, and employee and two or more dependents.
27.3 The CITY shall provide each employee under this coverage with a summary description of the program.
27.4 Subject to the provisions above, the CITY shall offer employees and their dependents, including qualified domestic partners who qualify under PERS, a health insurance program through the PERS Health Benefits Program. Eligibility and participation in this program shall be in accordance with the rules promulgated by PERS.
27.4.1“Qualified domestic partner” means a person who is in a domestic partnership that meets the criteria of California Family Code Section 297 and is formalized through registration with the California Secretary of State pursuant to California Family Code Sections 197 et. seq and/or CITY domestic partners registered with the Human Resources Department prior to July 29, 2014. 27 .5 The CITY contribution to health insurance for active employees will be the minimum contribution required by CalPERS.
Effective January 1, 2024 $ 157.00
Effective January 1, 2025 $158.00
27.6 T he total City allowance for active employees shall be equal to the CalPERS Kaiser Bay Area premium rate and adjusted each January to equal the new CalPERS Kaiser Bay Area premium rate for the term of the contract. 26 27.7 The additional CITY Contribution (as depicted in the chart below) shall be determined by taking the CalPERS Kaiser Bay Area premium rates at each level of coverage and subtracting the CITY health insurance contribution. Applicable monthly premium and premium contributions for the PERS Health Benefits Program can be found on the Employee Services web page.
Monthly Premiums and Contributions:
Coverage Level
2024 City Contribution
to Health Insurance
(CALPERS Required)
2024
Additional City
Contribution
Total City Allowance
= to Kaiser Bay Area
Rate
Single $157.00 $864.41 $1,021.41
Employee with one
dependent $157.00 $1,885.82 $2,042.82
Employee with two
or more dependents $157.00 $2,498.67 $2,655.67
27.8 All employees must enroll in medical insurance coverage unless the employee requests a waiver of coverage from PERS through the Human Resources Department. Such waiver shall only be granted if the employee shows proof of other minimum essential group coverage. Should an employee who has obtained a waiver of this provision lose such alternate coverage, the employee shall notify the Human Resources Department and enroll in a PERS sponsored health insurance program within thirty (30) days after termination of such coverage.
27.9 Unit members who do not use the City contribution for health insurance may choose to have the unused amount (equal to the City’s Additional Contribution for single coverage only) contributed to the Dependent Care spending option up to the IRS limit, which is currently $5000, in the City’s Section 125 flexible benefit plan (Section 125). The portion of the City contribution not utilized by the unit member shall remain with the City.
27.10 That portion of PERS Health Benefit plan costs that exceed the amount of the CITY allowance shall be paid by the employee through automatic pre-tax payroll deduction.
27.11 Subject to the provision above, retirees are eligible for health insurance through PERS. For retirees, the CITY has elected the unequal contribution option. This means the contribution toward retiree health insurance shall be pursuant to the 27 provisions of the California Public Employees’ Retirement Law, Section 22892(c) under the unequal method.
27 .12 The City acknowledges Labor Code section 4856 which declares the employer will provide to the spouse and dependents of a Firefighter who dies in the line of duty, health benefits as prescribed by law.
ARTICLE 28 DEPENDENT CARE ASSISTANCE PROGRAM
28.1 T he CITY shall provide a Dependent Care Assistance Program (flexible spending account Section 125) consistent with State and Federal law.
ARTICLE 29 COMBINED DENTAL AND VISION INSURANCE
29.1 E nrollment for dental and vision benefits shall be combined. Employees and dependents, including qualified domestic partners, shall be required to elect both insurance plans or neither insurance plan.
29.1.1 Domestic Partner Definition: For the purposes of eligibility for the combined dental vision benefit the term “City domestic partner” shall mean the domestic partner of an employee who has completed the City Domestic Partner Declaration prior to the ratification of this agreement and meets the eligibility requirements as contained therein. After July 29,2014, new domestic partners must meet the State of California definition of domestic partner to be eligible for the combined dental vision benefit.
29.2 The CITY shall contribute ninety-five percent (95%) of the premium at each level (employee only, employee plus one, and family) for the term of this contract.
Employees will pay five (5%) percent of the premium at each level (employee only, employee plus one, and family).
29.3 The City shall offer combined dental and vision care insurance coverage for part-time employees. Regular part-time employees may elect to enroll in combined dental and vision care insurance and the City will contribute a percentage of the premium equaling the employee’s authorized position full-time equivalency (FTE) towards the selected coverage. The regular part-time employee will be responsible for the balance of the combined premium through payroll deductions. If the regular part- time employee does not select coverage, no cash payment will be made in lieu of the insurance.
28 29.4 Employees, including regular part-time employees, may enroll for a minimum of two (2) years in combined dental and vision care insurance at time of hire, within sixty (60) days of a qualifying event, or during annual open enrollment.
Employees may drop coverage because of a qualifying event or any time after two (2) years of continuous coverage. Employees dropping coverage will be allowed to re- enroll in the program during annual open enrollment or when a qualifying event occurs.
29.5 Details about dental and vision plan co-payments and allowances are in Exhibit A of this MOU and can be found at the following link:
https://flimp.live/CityofSantaRosa
29.6 The applicable monthly premium contribution can be found at the following link: https://flimp.live/CityofSantaRosa
ARTICLE 30 LIFE INSURANCE
30.1 The City shall provide employees in this Unit term life insurance coverage in the amount of thirty thousand dollars ($30,000) and accidental death and dismemberment coverage in the same amount.
30 .2 Additional voluntary term life and AD&D insurance may be purchased in increments of $10,000 up to the allowed maximum as outlined in the plan documents by each employee at their cost through a payroll deduction system. Proof of good health may be required for employee paid life insurance subject to the rules of the insurance carrier. Optional spouse or domestic partner life insurance up to fifty thousand dollars ($50,000) may also be purchased through payroll deduction. The amount of spouse or domestic partner life insurance may not exceed fifty percent (50%) of the amount of supplemental insurance the employee has on themselves. Proof of good health may be required for spouse or domestic partner life insurance subject to the rules of the insurance carrier.
30 .3 The City shall provide each employee under this program with a certificate of coverage and a summary description of the program and the summary description of the program can be found on the Employee Services Webpage. https://flimp.live/CityofSantaRosa
29 30 .4 Dependent Life Insurance - Employees shall receive term life insurance coverage for their families, including qualified domestic partners, in the amount of fifteen hundred dollars ($1,500) per family member.
ARTICLE 31 DI SABILITY
31.1 The Unit shall pay for the PORAC Long-Term Disability (LTD) benefits through a payroll deduction of nineteen dollars and fifty cents (19.50) per month beginning July 1, 2007. The CITY reserves the right to place insurance coverage through the carrier of its choice or to self-insure the program. For the purposes of utilizing the LTD benefit, it is not necessary for the employee to exhaust all leaves; however, the employee may choose to exhaust all or a part of accrued leaves prior to utilizing the LTD benefit. The provisions of Article 23, Leave of Absence, which require use of accrued leave balances, shall not apply to the use of the LTD benefit.
31.2 Effective as soon as possible, but no later than January 1, 2025, the City shall offer benefit eligible employees a short-term disability insurance program and pay the monthly premium costs during the term of the agreement. The short-term disability insurance program shall include a paid family leave benefit. Details of the program benefits are outlined in the plan documents available on the Employee Benefits Webpage.
ARTICLE 32 ADDITIONAL INSURANCE PLANS
32.1 The CITY shall deduct premium costs from employees’ paychecks for additional insurance plans in amounts and for plans that have been approved by the CITY at the employee’s request.
ARTICLE 33 RETIRED EMPLOYEES HEALTH INSURANCE
33.1 Employees who retire from the CITY may continue their CalPERS Health Insurance coverage by the payment of appropriate premiums to CalPERS. The premiums shall be determined by CalPERS.
ARTICLE 34 RETIREE HEALTH STIPEND PROGRAM
3 4.1 Employees who have promoted into the City’s Unit #9- Fire Safety Management Unit from a position in Unit 2 – Firefighting may elect to continue to participate in the Post-Retirement Medical Benefits Defined Contribution Plan for Unit 2 – Firefighting (Unit 2 Retiree Health Stipend Program). 30 34.2 When an employee elects to participate in the plan, the salary range and the base salary for the employee will be reduced by a dollar amount approximately equal to the contribution percentage for Unit 2, applied to the base salary of Fire Captain, step 5, rounded to the nearest five dollars ($5). An equivalent dollar amount plus the value of associated salary-related benefits will be placed by the CITY into the Unit 2 Retiree Health Stipend Program.
34.3 Any time there is a change to the Unit 2 contribution to the retiree health stipend program or the base salary for Fire Captain, the reduction in the salary range and base salary for a participating Fire Management employee will be recalculated accordingly. An employee participating in the program will be eligible for the benefits spelled out in the plan document and the Unit 2 MOU.
34.4 Contributions for Fire Management employees to the Unit 2 Retiree Health Stipend Program shall not be calculated on special pays, such as Bilingual Pay or Fire Management Education/Skilled Based Pay. For employees participating in the Unit 2 Retiree Health Stipend, percentage-based special pays shall be calculated on the full salary prior to any reduction for the retiree stipend as set forth in Articles 42.1 and 42.2.
ARTICLE 35 RETIREMENT
35.1 The City shall continue its contract with the Public Employees Retirement System (CalPERS) for all active unit members. All the retirement benefits provided to unit members are described in this Article 35.
35.2 Tier One: Enhanced Safety 3.0% at 50 Retirement Program –Unit Members Hired Before July 8, 2012.
35 .2.1 Effective July 8, 2012, this Section 35.2 (including subsections) shall apply to safety unit members hired before July 8, 2012. 35 .2.2 3% at 50 Pension Formula
The “3% at 50” enhanced retirement program will be available to unit members covered by this Section 35.2.
35 .2.3 Final Compensation Based On Twelve Month Period For purposes of determining a retirement benefit, final compensation for unit members covered by this Section 35.2 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2. 31 35 .2.4 Required Unit Member Contribution
Each unit member covered by this Section 35.2 shall pay through payroll deduction the nine percent (9.0%) required unit member contribution.
35.3 Tier Two: Safety 3.0% at 55 Retirement Program
Effective July 8, 2012, this Section 35.3 (including subsections) shall apply to unit members hired on or after July 8, 2012 and on or before December 31, 2012. In addition, this Section 35.3 (including subsections) shall apply to unit members hired on or after January 1, 2013 who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:
35 .3.1 3.0% at 55 Pension Formula
The “3% at 55” retirement program will be available to unit members covered by this Section 35.3.
35 .3.2 Final Compensation Based On Thirty-Six Months
Effective July 8, 2012, for the purposes of determining a retirement benefit, final compensation for unit members covered by this Section 35.3 shall mean the highest annual average pensionable compensation earned during thirty six (36) consecutive months of service.
35 .3.3 Required Unit Member Contribution
Effective July 8, 2012, each unit member covered by this Section 35.3 shall pay through payroll deductions the nine percent (9.0%) required unit member contribution.
35.4 Tier Three: New Retirement Tier For Safety Unit Members Hired On Or After January 1, 2013
Effective January 1, 2013, this Section 35.4 (including subsections) shall apply to unit members who were hired on or after January 1, 2013 and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02 (c). 35 .4.1 2% @ 50 – 2.7% @ 57 Pension Formula
As required by Government Code Section 7522.25, the Safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply to unit members covered by this Section 35.4.
32 35.4.2 Final Compensation Based On Thirty-Six Months As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during thirty six (36) consecutive months of service.
35 .4.3 Required Unit Member Contribution
As required by Government Code Section 7522.04(g), unit members covered by this Section 35.4 shall pay, through payroll deductions, 50 percent (50%) of normal costs.
35.5 Implementation Of Internal Revenue Code Section 414(h)(2) The City shall make the employer contribution to PERS for each unit member and each unit member shall pay their own PERS member contribution, with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).
35.5.1 Except as specifically stated in this Section, the City shall pay for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and for contribution credits (rebates) from CalPERS during the term of this Agreement.
35. 5.1.1 Employees shall receive service credit for unused sick leave as provided in Section 20965 of the Government Code.
35. 5.1.2 Specific details regarding this program are available to employees from the Human Resources Department.
35. 5.2 The CITY shall provide each employee a description of this retirement plan and information is available on the CalPERS website at www.calPERS.ca.gov
.
35.6 Military Buy Back
The CITY shall allow employees to buy back the employee’s military service as provided by Government Code Section 20930.3.
35.7 Alternate Death Benefit for Local Fire Members
33 The City amended its contract with PERS in August 2003 to add the “Alternate Death Benefit for Local Fire Members Credited with twenty (20) or More Years of Service” as provided by Government Code Section 21547.7
35.8 Additional PERS Contributions for Tier 1 and Tier 2 Members
35.8.1 Effective July 13, 2014, the Fire Managers shall cease paying five percent (5%) of the employer cost of PERS and shall begin to pay one and one half percent (1.5%) of PERSable compensation to the City for the PERS employer cost according to California Government Code Section 20516(f).
35.8.2 Employees shall pay three percent (3%) of PERSable compensation toward the employee share for a total employee share of twelve percent (12.0%) of PERSable compensation.
35.8.3 Effective September 3, 2017, employees will pay an additional
0.35% of PERSable compensation toward the cost of pension benefits as permitted by Government Code Section 20516.
35.8.4 Effective the first full pay period following July 1, 2018, employees will pay an additional 0.35% of PERSable compensation toward the cost of pension benefits as permitted by Government Code Section 20516.
35.9 Should Unit 2, Firefighters, agree to changes in pension contributions that differ from those agreed to by Unit #9 – Fire Safety Management in this Article 35, either party may request in writing to reopen just this Article to discuss modifications thereto.
ARTICLE 36 PERS – “PICK-UP”
36.1 The CITY shall continue the implementation of Section 414(h)(2) of the Internal Revenue Code concerning the tax treatment of employee’s retirement contribution, designated by the Public Employees’ Retirement System as PERS “Pick- Up”.
ARTICLE 37 UNIFORMS
37.1 Employees provided uniforms by the CITY shall wear them while at work and shall be responsible for their normal maintenance and upkeep in accordance with CITY policy.
37.2 The CITY shall replace uniforms for normal wear and tear resulting from CITY work activities.
34 37.3 The annual uniform allowance paid to sworn personnel during the term of this contract shall be six hundred dollars ($600).
ARTICLE 38 COMMUNITY INVOLVEMENT
38.1 The CITY encourages Fire Managers to become involved in local community affairs. The CITY will make a reasonable amount of time available for this type of involvement if in the opinion of the respective department head this involvement is beneficial to the CITY and to the employee.
ARTICLE 39 PEACE OFFICERS
39.1 Unit members in the classification of Division Chief Fire Marshal are designated peace officers, when acting in their capacity to enforce laws relating to fire prevention under Penal Code Section 830.37(b).
ARTICLE 40 MANAGEMENT SALARY PLAN AND PERFORMANCE
EVALUATION SYSTEM
40.1 All Unit #9 Fire Safety Management classifications, except City Council- appointed positions, shall be included in a Management Salary Plan and Performance Evaluation System as established and administered by the City Manager.
ARTICLE 41 SALARY SCHEDULE
41.1 Effective the pay period including July 1, 2024, the salary range for the classifications “Division Chief Fire Marshal (Stipend)” and “Division Chief Fire Marshal” shall be increased to equal the then-current salary range of the classifications “Division Chief (Stipend)” and “Division Chief” respectfully, less “Duty Chief Pay.”
41.2 Effective the pay period including July 1, 2024, Unit #9 Fire Safety Managers will receive a seven percent (7%) cost of living adjustment.
41.3 Effective the first full pay period following July 1, 2025, Unit #9 Fire Safety Managers will receive a four percent (4%) cost of living adjustment. In addition, employees in the classification of Deputy Fire Chief shall receive an additional one percent (1%) salary increase, for a total salary increase of five percent (5%).
ARTICLE 42 PREMIUM PAY
42.1 BILINGUAL PAY:
The City shall pay Non-Stipend Fire Managers who are designated by the City as verbally fluent in Spanish an additional five percent (5.0%) of their base monthly salary 35 as compensation for the additional responsibilities. Members who are not verbally fluent, but have been designated by the City as possessing the skill to converse in Spanish well enough to complete a basic call for service shall receive an additional three percent (3%) of their base monthly salary as compensation for the additional responsibilities. The 5% pay and 3% pay shall not be combined. Testing for bilingual pay will be conducted in accordance with the Department’s procedure on Spanish bilingual testing.
For employees who have promoted from Unit 2 – Firefighting, and have elected to participate in the Retiree Health Stipend Program (defined herein as “Stipend Fire Managers), any additional pay granted under this section shall be calculated on the base pay prior to any reduction for the Retiree Health Stipend Program (see Article 34).
For the term of this contract, this calculation equals (i) 3.10% of their base monthly salary for the three percent (3%) pay and (ii) 5.20% of their base monthly salary the five percent (5%) pay.
The City retains the right, at its discretion, to identify other languages for which employees will be eligible for bilingual pay as set forth under this section.
42.2 FIRE MANAGEMENT EDUCATION/SKILLED BASED PAY:
Non-Stipend unit members with a Chief Fire Officer or Fire Marshal Certification that meet the qualifications for Education/Skilled Based pay shall receive an additional two and a half percent (2.5%) of base salary if they meet the following qualifications:
Two and a half (2.5) years as a full-time Battalion Chief, Deputy Fire Chief, Division Chief or Fire Marshal with the City of Santa Rosa and; Possesses a master’s degree or a bachelor’s degree.
42.3 Non-Stipend unit members with a Chief Fire Officer or Fire Marshal Certification that meet the qualifications for Education/Skilled Based pay shall receive an additional two and a half percent (2.5%) of base salary which includes any existing compensation for education not to exceed a total five percent (5%) if they meet the following qualifications:
Five (5) years as a full-time Battalion Chief, Deputy Fire Chief, Division Chief or Fire Marshal with the City of Santa Rosa and; Possesses a master’s degree or a bachelor’s degree.
36 The parties further acknowledge and agree that Education/Skilled Based pay provided in this Article is intended to be included in pensionable compensation. In the event it is determined – contrary to the intent of the parties – that the pay is excluded from pensionable compensation, the parties agree to reopen this Article and negotiate comparable terms.
42.4 For Stipend Fire Managers, any additional pay granted under this section shall be calculated on the base pay prior to any reduction for the Retiree Health Stipend Program (see Article 34). For the term of this contract, this calculation equals (i) 2.60% of their base monthly salary for the two and one half percent (2.5%) pay and (ii) 5.20% of their base monthly salary the five percent (5%) pay.
ARTICLE 43 OVERTIME
43.1 Employees shall be compensated at time and one-half for non-regular hours worked on assignments where a written agreement exists that provides for cost reimbursement for the CITY (including any local, state, or federal assignment covered by a reimbursement arrangement). Fire Managers shall record time and one half hours as “STRKOT” when staffed on an assignment covered by a written agreement providing for cost reimbursement to the City.
ARTICLE 44 FIRE EXTRA SHIFT PAY
44.1 Employees classified as Deputy Fire Chief, Division Chief, and Battalion Chief, subject to approval of the Fire Chief, may work extra shifts to backfill for an absent Battalion Chief or incur additional time worked due to upstaffing related to events such as, but not limited to: Red Flag weather events, civil unrest, atmospheric rivers/flood, etc. Employees working extra shifts shall be compensated at one and one- half times their current hourly rate, or one and one-half times the top step of Battalion Chief hourly rate, whichever is less. Fire Extra Shift Pay shall be recorded on the timecard on an hour-per-hour basis using hours code “BATT OT”.
ARTICLE 45 ASSIGNMENTS ON SCHEDULED DAYS OFF
45.1 Fifty-Six (56) Hour Fire Managers, when so assigned by the Fire Chief to attend mandatory meetings or Department events on a regularly scheduled day off, shall be compensated at straight time for all hours spent at the meeting or Department event only if the meeting or Department event exceeds two hours in length. 37 45.2 The Division Chief/Fire Marshal shall be compensated at straight time for all hours worked when assigned to handle Fire Inspector/Investigator duties including event permit inspections, routine occupancy checks, and fire investigations, only if such duties exceed two hours in length and are outside of the employee’s regular work schedule. Flex time may be used in-lieu of straight pay.
45.3 Division Chief/Fire Marshal Participation in Fire Inspector/Investigator Rotation
45.3.1At the Chief’s approval, when the Department has fewer than five (5) trained investigators on staff, the Division Chief/Fire Marshal may be placed back into the Fire Inspector/Investigator rotation.
45.3.2 While serving in the Investigator rotation, the Division Chief/Fire Marshal shall be routinely and consistently assigned to investigate causes of destructive burning. Fire Inspector/Investigator duty shall be assigned by the City in writing. When assigned to the Fire Inspector/Investigator rotation the Division Chief/Fire Marshal shall receive six hundred thirty two dollars and thirty two cents ($632.32) for the seven (7) day assignment as Fire Inspector/Investigator.
ARTICLE 46 FIRE DEPARTMENT DUTY CHIEF
46.1 As determined by the Fire Chief, Fire Managers may be assigned as Duty Chief. When assigned this duty, off-duty employees shall be required to have immediate access to all equipment necessary to respond to Code 3 emergencies. The response requirement and procedures shall be as determined in writing, and may be amended from time to time, by the Fire Chief. Employees assigned the responsibility and serving in the role of Duty Chief shall receive a DC assignment premium pay of an additional four dollars and ninety-four cents ($4.94) per hour for each hour so assigned (equivalent to $632.32 per week).
46.2 “Duty Chief Assignment Premium Pay” duty is defined as the period of time that a unit employee serving as a DC is required to respond to incidents or other needs of the Fire Department as the Duty Chief.
46.3 When serving as a duty chief, employeesshall refrain from activities that might impair their performance of assigned duties upon call. 38 46.4 If the department eliminates Duty Chief from being a regularly assigned duty of the command staff then the pay for those duties shall be removed from the base salary of the Division Chief salary range. Once the new Division Chief classification is created, the Duty Chief standby pay will not be available to Division Chiefs.
ARTICLE 47
This Section Left Blank Intentionally
ARTICLE 48 ACTING PAY – DEPUTY FIRE CHIEF/FIRE CHIEF
48.1 A unit member temporarily assigned to perform the full range of duties of a higher classification due to a vacancy or the temporary absence of the employee regularly employed in the higher classification shall receive Acting Pay under this article unless otherwise specifically provided for elsewhere in this MOU. A member must meet the minimum qualifications of the higher classification, must only perform the higher classification duties while so assigned, and must be assigned in writing by his or her supervisor.
48.2 At the discretion of the Fire Chief or the City Manager, Fire Managers may be assigned in an acting or interim basis to the rank of Division Chief, Deputy Fire Chief or Fire Chief. Acting Pay shall be paid from the first hour of the acting assignment at a rate equal to the first step or minimum of the salary range for the higher-level position which is at least ten percent (10%) above the member's base salary, provided, however, that in no event shall the pay exceed the top of the salary range of the higher classification.
ARTICLE 49 DISCIPLINE
49.1 The CITY shall follow the principles of corrective progressive discipline as outlined in the City of Santa Rosa Personnel Rules and Regulations – Rule Seven (7) – Disciplinary Procedure. Disciplinary action shall be designed to fit the nature of the problem, the severity of the misconduct and the circumstances involved.
49.2 Misconduct that may result in disciplinary action shall include, but not be limited to, those causes set forth in Personnel Rules and Regulations – Rule Seven (7) - Disciplinary Procedure – Section Three (3).
39 ARTICLE 50 GRIEVANCE
50 .1 Definitions:
A grievant is an employee, a group of employees or the ASSOCIATION.
A “grievance” is a claimed violation, misinterpretation, inequitable application or non-compliance with a memorandum of understanding, CITY ordinance, resolution, rule or regulation affecting working conditions; including disputes over discipline, limited to suspensions, reductions in salary, demotions and terminations. 50 .2 Informal Grievance Resolution
As soon as possible, but no more than fifteen (15) calendar days after the discovery of the event giving rise to a grievance, the grievant or representative shall present the grievance informally to the involved supervisor; except if the grievance involves the relationship with the supervisor, it shall be submitted to the involved Department Head. The grievant and supervisor have a mutual responsibility to resolve the matter at the lowest possible level.
If the grievance is not resolved through discussion with the supervisor, then the grievant and/or representative shall present the grievance informally to the Department Head. The Department Head shall respond in writing to the grievant if the decision is adverse to the grievant.
Utilization of these informal steps shall be necessary prior to filing a formal grievance.
50 .3 Formal Grievance Resolution
If the grievant feels that the issue was not resolved informally, a formal grievance shall be filed within fifteen (15) calendar days from the receipt of the written decision.
A formal grievance shall only be initiated by completing a form provided by the Human Resources Department. This form shall contain:
A. Name(s) of grievant
B. Class title(s)
C. Department
D. Working Address(es)
40 E. A clear statement of the nature of the grievance, citing the applicable language of any ordinance, rule, regulation, memorandum of understanding; or other pertinent document involved.
F. The date on which the grievance occurred.
G. Proposed solution to the grievance.
H. Date grievance form completed.
I. Signature of grievant(s).
J. Name of organization; or representative, if any, representing the grievant.
Step 1
Within fifteen (15) calendar days after the formal grievance is filed, the Department head or designated representative shall investigate the grievance, shall confer with the grievant and attempt to resolve the issue. The Department head has the responsibility, after considering all pertinent information, to make a decision in writing.
Step 2
If the grievance is unresolved to the satisfaction of the grievant, the grievant may, within ten (10) calendar days after the Department head’s decision, request the City Manager/designee to consider the decision rendered by the Department head. Such request shall be in writing and filed with the Human Resources Director.
Step 3
Within ten (10) calendar days after receipt of the written request, the City Manager/designee shall investigate the grievance, confer with persons affected and their representatives to the extent deemed necessary, and render a decision in writing.
If the decision of the City Manager/designee resolved the grievance to the satisfaction of the grievant, it shall be final and binding.
No time limits described in Article 50 may be extended without the mutual written agreement of both parties.
ARTICLE 51 MEDIATION
51 .1 If a grievance is not resolved during the grievance procedure, the ASSOCIATION and the CITY by mutual agreement, may request the assistance of a professional mediator. If the ASSOCIATION and CITY cannot agree on a mediator, 41 they may request a mediator from the State Mediation and Conciliation Service in an attempt to resolve the grievance.
51 .2 The mediator shall not hold a hearing and make recommendation, nor have the authority to resolve the grievance except by agreement of the parties. 51 .3 In the event the grievance is not resolved, neither evidence nor concessions agreed to or offered during mediation shall be admissible at a subsequent hearing.
ARTICLE 52 ARBITRATION
52.1 The City and ASSOCIATION have agreed that the issue of whether an employee may request Arbitration for a disciplinary grievance in light of amendments to the City Charter shall be resolved and this MOU amended in accordance with the agreement reached by the City and the Police Officer’s Association on this issue.
52.2 A grievant may either appeal an unresolved grievance, as defined in 50.1 above, to the Personnel Board as provided in Rule Six (6) of the Personnel Rules and Regulations or petition the ASSOCIATION to present the issue to Arbitration as provided below.
52 .3 Only the ASSOCIATION may present an unresolved grievance to arbitration by submitting a letter to the Human Resources Director requesting that the matter be submitted to arbitration. Such letter request must be submitted to the Human Resources Director within fourteen (14) calendar days after the City Manager; or designee, renders a decision. Any grievance submitted to arbitration shall be limited to the grievance originally filed at the first step, except as amended by mutual agreement, and properly processed through the grievance procedure. 52 .4 The CITY and the ASSOCIATION shall each select and appoint one arbitrator to the Board of Arbitrators within three (3) calendar days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the CITY and the ASSOCIATION, and shall serve as the neutral arbitrator and Chairperson of the Board.
In the event that the CITY and the ASSOCIATION cannot agree upon the selection of the neutral arbitrator, either party may then request, within ten days, the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to 42 provide a list of seven (7) persons, who are qualified and experienced as labor arbitrators. If the CITY and the ASSOCIATION cannot agree within three (3) calendar days after receipt of such list on one of seven (7) persons to act as the neutral arbitrator, they shall alternately strike names from the list until one name remains and that person shall then become the neutral arbitrator and Chairperson of the Arbitration Board. The party making the first strike shall be determined by lot. 52 .5 The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the Chairperson of the Arbitration Board and the costs of the preparation of the transcript of the proceedings shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.
52 .6 The Arbitrator shall have no power to alter, amend, change, add to or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation in respect to the alleged grievance and determine the remedy or, in the case of a disciplinary action, whether the alleged act or violation actually occurred and if deemed a violation did occur, whether the alleged act or violation actually occurred and if deemed a violation did occur, the level of discipline imposed was appropriate. If deemed not appropriate the arbitrator shall decide the appropriate level of discipline. The decision and/or award of the Arbitrator shall be based solely upon the evidence and arguments presented by the respective parties.
The decision and/or award of the Arbitrator shall be final and binding upon the CITY, the ASSOCIATION and the employee affected.
General Conditions
52 .7 This procedure shall not preclude emergency suspensions without notice and hearing where the continued presence of the employee would present a hazard to employees, the public, or the CITY. When an emergency suspension is imposed, the employee shall be assured of due process in accordance with this procedure.
52.8 Time limits may be extended by mutual agreement in writing or by the City Manager when a written request for such an extension is submitted prior to the expiration of the applicable time period.
43 ARTICLE 53 CITY RIGHTS
53.1 The CITY reserves, retains and is vested with any management rights not expressly granted to the ASSOCIATION by this Agreement, the Personnel Rules and regulations or the Employer-Employee Relations Policy. These CITY rights include the right to:
A. Determine and modify the organization of CITY government and its constituent work units.
B. Determine the nature, stand, levels and mode of delivery of CITY services.
C. Determine the methods, number and kind of personnel by which services are provided.
D. Lay off of employees is subject to the Personnel Rules and Regulations.
Should the CITY desire to exercise any of these rights, it shall, except in cases of emergencies, give the ASSOCIATION advance, written, notice of its intentions thereof and shall afford the ASSOCIATION the opportunity to meet and confer on the impact of the exercise of such rights upon represented employees before the decision is implemented.
ARTICLE 54 EMPLOYEE RIGHTS
54.1 Employees shall be free to participate in ASSOCIATION activities described in Government Code Section 3500 et. seq., and as set forth in Section 58 of the City Charter, except those precluded by this Agreement, without interference, intimidation or discrimination in accordance with State law and CITY policies, rules and regulations.
ARTICLE 55 MUTUAL RESPONSIBILITY
55.1 In addition to their regular duties, employees may be required to act as Disaster Service Workers in accordance with California Government Code Section 3100 and the City’s Emergency Preparedness Plan and policies. Employees shall not be entitled to any additional compensation to regular salary for said duties.
ARTICLE 56 TERM
56.1 This Agreement is effective July 1, 2024, and shall expire on June 30, 2026 for the employees in Unit #9 Fire Safety Management. 44 ARTICLE 57 RECOMMENDATION
57.1 The CITY’s Meet and Confer Committee shall recommend the ratification of this Agreement to the City Council and the ASSOCIATION’s Meet and Confer Committee shall recommend the ratification of this Agreement to the employees in the CITY’s Unit #9 – Police Management Association – Fire Safety Management.
RATIFICATION
____________________________ _______________________________ Mike McCallum Date Siara Goyer Date
____________________________ _______________________________ Matthew Gloeckner Date Burke Dunphy Date
Sloan Sakai Young & Wong LLP
Ratified: Ratified:
Santa Rosa Police Management Association City of Santa Rosa
By: ___________________________ By: _____________________________ Patricia Seffens, President Date Natalie Rogers, Mayor Date
APPROVED AS TO FORM: Resolution No.
By: ________________________
Teresa Stricker
City Attorney
45 EXHIBIT A - VISION AND DENTAL INSURANCE PLANS
DENTAL INSURANCE
In general, the program includes for employees, and their dependents, including qualified domestic partners, basic dental insurance coverage of payment of the indicated percentage up to the maximum of two thousand dollars ($2,000) (twenty one hundred dollars ($2100) for employees choosing a premier preferred provider under the current dental program) for each eligible person per year for the following benefits:
BENEFITS PROGRAM PAYS EMPLOYEE PAYS
Preventive Services 100% 0%
Basic Services 80% 20%
Major Services 80% 20%
Prosthodontic Services 8 0% 20%
Orthodontic Services 50% 50%
*$2,000 lifetime maximum per person for orthodontics.
VISION INSURANCE
The CITY shall offer employees and their dependents, including qualified domestic partners, a vision care program which provides an eye examination, and allowance for lenses, and frames once each twelve (12) months. The deductible shall not exceed twenty dollars ($20.00). The vision allowance for frames shall be one hundred and fifty dollars ($150), and the allowance for contact lenses shall be one hundred and twenty five dollars ($125). A summary description of the program and the current premium costs can be found at the following link:
https://flimp.live/CityofSantaRosa