FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON
FIRE UNIT
MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters' Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for employees in the representation unit identified in Section 1 of this Memorandum of Understanding, have exchanged freely information, opin ions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer employee relations of such employees.
This Memorandum of Understanding is entered into pursuant to the Meyers Milias Brown Act (Government Code sections 3500 3511) (“MMBA”) and has been jointly prepared by the parties.
This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours, and other term s and conditions of employment for the period commencing July 1, 2022 and ending on June 30, 2025. This agreement shall supersede all other existing agreements on the matters set forth herein.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON ii
TABLE OF CONTENTS
SECTION 1. RECOGNITION ......................................................................................... 1
1.1 City Recognition ......................................................................................... 1
1.2 Union Recognition ...................................................................................... 1 SECTION 2. UNION RIGHTS ........................................................................................ 2
2.1 Union Membership Dues and Payroll Deductions ...................................... 2
2.2 Use of City Facilities .................................................................................. 3
2.3 Advance Notice .......................................................................................... 3
2.4 Attendance At Meetings By Employees/Release Time .............................. 4
2.5 New Hire Employee Orientation and Information Requirements ................ 4 SECTION 3. COMPLIANCE WITH LAWS ...................................................................... 5
3.1 Non-Discrimination/Equal Employment ...................................................... 5
3.2 Concerted Labor Activity ............................................................................ 5 SECTION 4. PROBATION ............................................................................................. 6
4.1 Purpose...................................................................................................... 6
4.2 Original Entrance Positions ........................................................................ 6
4.3 Retention/Rejection of Probationer ............................................................ 6
4.4 Promotional Positions ................................................................................ 6 SECTION 5. LAYOFF..................................................................................................... 7
5.1 Layoff Scope .............................................................................................. 7
5.2 Notice of Layoff .......................................................................................... 7
5.3 Precedence By Employment Status ........................................................... 7
5.4 Employee Options ...................................................................................... 8 SECTION 6. REEMPLOYMENT .................................................................................... 9 SECTION 7. DISCIPLINE…………………………………………………………………….10
SECTION 8. GRIEVANCE PROCEDURES ................................................................. 11
8.1 Definition .................................................................................................. 11
8.2 Filing Deadline ......................................................................................... 11 EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON iii
8.3 Grievance Processing .............................................................................. 11
8.4 Scope of Arbitration ................................................................................. 12
8.5 Other Provisions ...................................................................................... 12 SECTION 9. LEAVES................................................................................................... 14
9.1 Vacation Leave ........................................................................................ 14
9.2 Sick Leave ............................................................................................... 16
9.3 Other Leaves With Pay ............................................................................ 18
9.4 Workers' Compensation Leave ................................................................ 20
9.5 Leaves of Absence .................................................................................. 21
9.6 Leaves of Absence Without Pay .............................................................. 22
9.7 Absence Without Official Leave (AWOL) ................................................. 23 SECTION 10. DAYS AND HOURS OF WORK ............................................................. 24
10.1 Workweek ................................................................................................ 24
10.2 Shift Trades .............................................................................................. 24
10.3 Staffing ..................................................................................................... 24 SECTION 11. OVERTIME ............................................................................................ 25
11.1 Fair Labor Standards Act (FLSA) Agreement .......................................... 25
11.2 Compensatory Time ................................................................................. 27 SECTION 12. HOLIDAYS ............................................................................................ 28 SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY ........................................................................................................................ 30
13.1 PERS Benefits for Employees Hired On Or Before 12/28/2012 ............... 30
13.2 PERS Benefits for Employees Hired On Or After 12/29/2012 and Before 01/01/2013 .............................................................................................. 31
13.3 PERS Benefits for Employees Hired On Or After 01/01/2013 ................. 31
13.4 Education Incentive Pay .......................................................................... 32
13.5 HAZ/MAT Assignment ............................................................................. 32
13.6 EMT Certification ..................................................................................... 32
13.7 Paramedic Certification ............................................................................ 33 EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON iv
13.8 Uniform Allowance ................................................................................... 33
13.9 Contagious Disease ................................................................................. 34
13.10 Acting Pay .............................................................................................. 34
13.11 Call-Back Pay ......................................................................................... 34
13.12 Deputy Fire Marshal Series .................................................................... 34
13.13 Fire/Engineer Operator ........................................................................... 35
13.14 Administrative Positions ......................................................................... 35
13.15 Longevity Pay ......................................................................................... 35
13.16 Wellness-Fitness Program ..................................................................... 35
13.17 CalPERS Reportability ........................................................................... 36
13.18 Lapse of Certification .............................................................................. 36 SECTION 14. INSURANCE PLANS .............................................................................. 37
14.0 Reopener Clause For Health Insurance ................................................... 37
14.1 Health Insurance And Related Benefits .................................................... 37
14.2 Life Insurance .......................................................................................... 38
14.3 Long Term Disability Insurance ............................................................... 39
14.4 Retiree Medical Trust .............................................................................. 39 SECTION 15. SALARY PLAN ...................................................................................... 41
15.1 Salary Ranges ......................................................................................... 41
15.2 Salary Upon Appointment ........................................................................ 41
15.3 Salary Equivalents ................................................................................... 41
15.4 Salary Step Plan-Sworn Ranks ................................................................ 41
15.5 Salary Step After Military Leave ............................................................... 43
15.6 Salary Step When Salary Range is Increased ......................................... 43
15.7 Salary Step After Promotion or Demotion ................................................ 43
15.8 Salary on Reinstatement .......................................................................... 43
15.9 Salary Adjustments .................................................................................. 44
15.10 Bi-Weekly Pay Period ........................................................................... 44
15.11 Lump Sum Payment ............................................................................. 44 EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON v
SECTION 16. SEPARABILITY OF PROVISIONS ......................................................... 45 SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING .. 45 SECTION 18. SCOPE OF AGREEMENT ..................................................................... 45 SECTION 19. DURATION OF AGREEMENT ............................................................... 45 SECTION 20. MAINTENANCE OF OPERATIONS ....................................................... 46 APPENDIX A. City Of Stockton's New Medical Response Squad ................................. 47 APPENDIX B. COLA AND MARKET ADJUSTMENTS ................................................. 48 EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 1
SECTION 1. RECOGNITION
1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.
1.2 Union Recognition
The Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, hereafter referred to as the "Union," is the recognized employee organization for the Firefighters' Unit (“Fire Unit”), certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 2
SECTION 2. UNION RIGHTS
2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union Membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union.
(1) All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) Membership dues deductions shall automatically renew unless written notice is provided by the authori zed representative of the Union certifying a change in membership dues.
(5) The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) Deduction notifications will be provided to [email protected].
(8) Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 3
processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 Use of City Facilities
The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department.
Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business sh all be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representativ e and when made shall continue until revoked by the Fire Chief.
City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be establish ed by the City Manager or department heads concerned.
Members of the Union are prohibited from using City equipment and/or time for their personal use.
2.3 Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.
In cases of emergency which constitute an imminent threat to the City’s financial and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested , to negotiate EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 4
changes to the content of said notice with the management representatives designated by the City Manager.
2.4 Attendance at Meetings By Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay , in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. Th e use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.
2.5 New Hire Employee Orientation and Information Requirements (a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system:
(1) Name;
(2) Job title;
(3) Department;
(4) Work location;
(5) Personal cellular telephone numbers, including work and home; (6) Personal email addresses as provided by new hire employee; and (7) Home address.
The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 5
SECTION 3. COMPLIANCE WITH LAWS
3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including, pregnancy, childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Federal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.
3.2 Concerted Labor Activity
(a) Employees covered by this Memorandum of Understanding will have the right to join and to participate in the activities of the Union for purposes of representation under the MMBA, and will als o have the right to refrain from participation of any such activities.
(b) Employees covered by this Memorandum of Understanding have the right to be free from interference, intimidation, restraint, coercion, discrimination , or reprisal for protected concerted labor activity, under the MMBA. (c) Peaceful Performance of Memorandum of Understanding. Employees are free from participating in protected activities or refraining from protected activities.
Employees covered in this M emorandum of Understanding shall not engage in concerted activity in violation of the MMBA.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 6
SECTION 4. PROBATION
4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to their position, and for eliminating any probationary employee whose performance does not meet the required standards of work.
4.2 Original Entrance Positions
All original entrance sworn positions shall be subject to a probationary period of eighteen (18) months. The probationary period for entrance sworn positions shall not be extended.
4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee is desired. During the probationary period an employee may be rejected at any time by the appointing authority.
4.4 Promotional Positions
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 7
SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of their position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, a fter consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.
5.1 Layoff Scope
(a) Layoffs shall be within departments of the City.
(b) The departments of the City are defined as follows:
(1) Administrative Services Department
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development Department
(7) Community Services
(8) Economic Development
(9) Fire Department
(10) Human Resources Department
(11) Information Technology Department
(12) Municipal Utilities Department
(13) Police Department
(14) Public Works Department
5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
5.3 Precedence by Employment Status
No regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories, as listed in ascending order:
(a) Extra Help
(b) Provisional
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 8
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to the length of time served in that class with the employee having the least amount of time served in the class to be laid off first. For the purpose of this procedure, part time classes shall be considered as separate from and shall be laid off prior to regular full time classes. The followin g provisions shall apply in computing total continuous service:
(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Department.
(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (c) Time worked in a regular status or probationary status shall count as service time.
If two (2) or more employees have the same seniority, the order of seniority shall be determined b y the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.
5.4 Employee Options
Employees laid off shall have the following choices:
(a) Displacing the employee in the same department a nd in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in that classification who has the least (total service) seniority.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 9
SECTION 6. REEMPLOYMENT
When an employee in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily is laid off due to lack of funds or their position is abolished or they are on an authorized leave of abse nce and are ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list.
As provided below, the Civil Service Commission shall cause th e name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur. (a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demot ed, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2) years from the date of separation due to the layoff, whichever is longer, or until the employee declines appoin tment to the position. The reemployment rights granted by this subsection (b) are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.
The reemployment list for a ny class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have their name removed from the reemployment list, unless mutually agreed to by the Department and employee.
If the above listed changes require Civil Service approval, the Association agrees to not object to the changes in duration of reemployment lists consistent with this section.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 10
SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.
The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions, the Civil Service Commission Rules and Regulations, and any applicable provisions of law are followed. Such provisions allow the employee discharged, suspended, demoted, or reduced in pay to file an appeal to the Civil Service Commission for such disciplinary action. The employee may take any one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) business days of receipt of written notification of the disciplinary action. Such filing will foreclose the use of the grievance procedure.
(c) File a grievance as provided for in Section 8.2, b elow, within ten (10) business days of receipt of written notification of the disciplinary action.
If the employee fails to do (b) or (c) above, within the prescribed time frames, those rights will have been waived.
Lesser forms of disciplinary actions such as written reprimands and transfers for purposes of punishment that do not involve loss of pay may be appealed in accordance with the Fire Department’s “Fire Fighters Procedural Bill of Rights (FBOR) Informal Discipline Appeal Procedure.”
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 11
SECTION 8. GRIEVANCE PROCEDURES
8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.
8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) business days of the time the affected employee received written notification of such action.
For purposes of filing appeals and grievances, business days include City of Stockton Office Hours according to the City-Wide calendar published each year.
8.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employe e claiming to have a grievance may discuss the matter with such management official as the Fire Chief may designate. If the issue is not resolved by the Department within seven (7) working days from the day of presentation, or if the employee elects to submit the grievance directly to the Union’s recognized representative, the procedures set forth in Step 2, below, may be invoked.
(b) Step 2 - Director of Human Resources Review. Any employee or official of the Union may notify the Director of Human Resources in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. The Director of Human Resources shall have twenty (20) working days in which to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolution of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step 3 - City Manager Review. Any grievance that has not been resolved by the procedures set forth above may be referred to the City Manager by the complainant or by the Director of Human Resources. Such referral shall be in writing, detailing the specific issues involved in the referral together with a EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 12
statement of the resolution desired. The City Manager shall designate a personal representative, who shall not be the Director of Human Resources, to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union to settle the grievance or to make recommendations to the City Manager. (d) Step 4 - Arbitration. If the grievance is not resolved at Step 3, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The fees and expenses of the arbitrator and a court reporte r shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any. (e) Effect of Decision . Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.
8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Section 8.1, above.
Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. The arbitrator selected pursuant to this section shall not have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.
8.5 Other Provisions
If the Director of Human Resources or the City Manager, in pursuance of the procedures outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the arbitrator finds that the City had such right, they may not order reinstatement and may not assess any penalty upon the City.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 13
All complaints alleging that the City is not compensating employees in accordance with the provisions of this Memorandum of Understanding shall be filed as grievances directly with the City Manager. Any other matters of compensation are to be resolved in the meeting and conferring process, and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn unt il the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) days from the date upon which the complaint was filed.
The provisions of this section shall not abridge any rights to which an employee may be entitled under the City Charter or Civil Service Rules and Regulations, nor shall it be administered in a manner that would abrogate any power which, under the City Charter, or Civil Service Rules and Regulations may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in units represented by the Union shall be processed under this section. If the City Charter or Civil Service Rules and Regulations require that another option be available to the employee, no action under Section 8.3(d), above, shall be taken unless it is determined that the employee is not utilizing such option.
No action under Section 8.3(d), above, shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.
If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 14
SECTION 9. LEAVES
9.1 Vacation Leave
(a) Accrued Vacation Allowance . All regu lar status employees, excluding provisional, temporary, and part-time employees, shall accrue vacation leave as follows:
(1) 40-hour workweek employee:
Under 1.5 years 80 hours
1.5 – 7.5 years 108 hours
7.5 – 15 years 144 hours
15 – 25 years 189 hours
25 plus years additional 7 hours each year
(2) 56-hour workweek employee:
Under 1.5 years 120 hours
1.5 – 7.5 years 162 hours
7.5 – 15 years 216 hours
15 – 25 years 283.5 hours
25 plus years additional 10.5 hours each year
(b) Maximum Vacation Accrual. Effective June 30, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. Employees shall accrue vacation on a twice-monthly basis. (1) The maximum number of vacation hours that employees on a 40-hour workweek shall accrue are as follows:
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
29 plus years 7 hours each additional year
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 15
(2) The maximum number of vacation hours that employees on a 56-hour workweek shall accrue are as follows:
Under 1.5 years 300 hours
1.5 – 7.5 years 360 hours
7.5 – 15 years 420 hours
15 – 25 years 480 hours
26 years 492 hours
27 years 504 hours
28 years 516 hours
29 years 528 hours
29 plus years 7 hours each additional year
(c) Longevity Vacation Allowance
(1) This program is eliminated as of July 1, 2011. Employees with accrued longevity vacation allowance balances as of June 30, 2011 will have those balances frozen and cashed out upon separation at the employee’s rate of pay on June 30, 2011.
(2) Annual longevity vacation allowance accrual credited on January 1, 2011 shall be reduced by fifty percent (50%).
(d) Scheduling
(1) 48/96 Shift Schedule. The 48/96 Shift Schedule for line fire suppression employees shall continue indefinitely with the contingency that the Fire Chief shall retain the ability to discontinue, change , or otherwise alter the work schedule consistent with their management responsibility to control and direct all Stockton Fire Dep artment’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
a. A minimum of four (4) shifts of Accrued Vacation must be scheduled per year. The four (4) shift minimum is not required to be scheduled contiguously.
b. Any Accrued Vacation that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
(e) Vacation Allowance for Separated Employees. Employees separating from City service for any reason who ha ve unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay.
Payment for the unused vacation hours shall be paid post separation date at EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 16
no later than the second regularly scheduled pay period pay date following separation. Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.
9.2 Sick Leave
(a) Accrual. All regular status employees on a forty (40) hour workweek schedule, except provisional, temporary, and part-time employees, shall accrue sick leave at the rate of eight (8) hours fo r each full month of service. All regular status employees on a fifty -six (56) hour workweek schedule, except provisional, temporary, and part-time employees shall accrue sick leave at a rate of twelve (12) hours for each month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accumulate from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave, provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days that the employee would normally have worked, to a maximum of sick leave hours accrued by the employee.
An employee may use sick leave for preventive medical, dental, optical care, and for illness, injury, or exposure to contagious disease, which incapacitates them from performing their duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth , and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual accrued sick leave t o attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave.
Such leave shall be restricted to the employee's parents, spouse, registered domestic partner, mother -in-law, father -in-law, child, stepchild, legal dependent, brother, sister, brother -in-law, sister -in-law, grandparent, and grandchild.
(d) Procedures for Requesting and Approving Sick Leave . The employee shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the Emergency Communications Division (ECD) at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
When the requirement for sick leave is known to the employee in advance of EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 17
their absence, the employee shall request in writing authorization for such sick leave from the Fire Chief prior to such absence.
Before an employee may be paid for the use of accrued sick leave, they shall complete and submit to the Fire Chief a signed stat ement, on a prescribed form, setting forth the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the Fire Chief. (e) Doctor's Certificate or Other Proof . If an employee's illness results in an absence from work for more than two (2) consecutive shifts, a doctor's certificate or other reasonable proof of illne ss may be required by the Fire Chief.
The Fire Chief or designee may make such sick leave usage reviews and may require such physician's documentation as they deem necessary to ensure proper use of the sick leave benefit. In addition, the Fire Chief may monitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(f) Use of Sick Leave While on Vacation . An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation leave provided that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or (2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Accessibility and Reporting. All officers and members of the Department on leave for sickness shall be available by telephone or at their home for consultation with the Fire Chief or the Fire Chief’s designee. Exceptions to this rule shall only be made with the permission of the attending physician and Fire Chief.
All officers and members of the Department on leave for sickness for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(h) Return to Duty. Upon availability for return to duty, the employee shall notify the Chief's Operator, or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 18
hours on the day prior to their next scheduled duty period. Sick leave may be granted for any period of time approved by the Fire Chief. (i) Payment for Unused Sick Leave for Unit Employees . Effective February 17, 2012, except as set forth below all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employe es may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the CalPERS contract provisions applicable to their employment.
(j) CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012 shall be eligible to convert up to two thousand and eighty (2,080) hours of unused sick leave not otherwise compensated for in (k) below to CalPERS service credit at retirement. Employees hired after this date will not be eligible to convert sick leave to service credit, in accordance with the City’s CalPERS contract to eliminate service credit for unused sick leave after this date. Service credit for unused sick leave shall be in accordance with CalPERS regulations.
(k) Sick Leave Retention Benefit . After subtracting the equivalent of one (1) full year of service credit two thousand and eighty (2080 hours), which m ay be applied to C alPERS service credit, any balance remaining upon separation which the employee held on February 16, 2012 , shall be paid at fifty percent (50%) of its cash value.
9.3 Other Leaves with Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon their request, be granted up to three (3) days bereavement leave with pay and without charge to their accumulated sick leave or vacation leave. The City Manager may g rant an additional two (2) days bereavement leave upon request, which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel is required to attend the funeral. For the purposes of this section, “immediate family” shall be restricted to the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person not immediately related to an employee, as defined above, the employee's department head may grant up to three (3) days leave upon request, which shall be charged against the employee's accumulated sick leave credits.
(b) Court Appearance. Upon approval by the Fire Chief, an employee, other than a provisional or temporary employee, shall be permitted authorized absence EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 19
from duty for appearance in court for jury service, in obedience to a subpoena, or by direction of proper authority in accordance with the following provisions:
(1) Such absences from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, within fifteen (15) days after receipt, all fees received, except those specifically allowed for mileage and expenses. The employee shall remit such fees to the City through the employee's department head.
(2) Attendance at court or at a deposition while in an on -duty status in connection with an employee's official duties or on behalf of the City i n connection with a case in which the City is a party, together with travel time necessarily involved, shall be considered and paid as hours worked.
(3) Other absences from duty for attendance at court or at depositions shall be without pay.
(4) On-duty employees shall return to work immediately upon release from court.
(5) Attendance at court or at a deposition while in an off-duty status in connection with an employee's official duties or on behalf of the City in connection with a case in which the City is a party, t ogether with travel time, where such travel is to a location outside of San Joaquin County, shall be considered in terms of actual hours spent performing those duties and paid as hours worked.
(6) For the purpose of computing any travel time to be reimbursed b y the City in accordance with this section for attendance at court or at a deposition while in an off-duty status, such travel time shall be deemed to commence from the San Joaquin County Courthouse.
(c) Maternity Leave . Time off of work for pregnancy, childbirth, and related medical conditions will be covered as required by State and Federal law and applicable City policy. Employees may use sick leave, leave without pay, annual leave, or a combination of these benefits, depending on the nature of the case and the time medically required to recuperate. Generally, a six (6) week recovery period after delivery is medically indicated. (d) Military Leave . An employee of the City who is a member of the National EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 20
Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval, or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.
All regular status employees in the service of the City who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California shall be allowed leave of absence without pay for the duration of a national emergency. Except as hereafter stated, said employees shall be reinstated into City service, provided they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.
In the case of a probationary status employee having served their minimum probationary period of eighteen (18) months at the time of induction, it shall be optional with the Fire Chief and the City Manager to grant regular status to said employee before induction.
All probationary status employees inducted into Military Service not having served the minimum probationary period of eighteen (18) months or having served the minimum probationary period of eighteen (18) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency. Following such leave, said employees shall be placed at the head of the eligible list for such position in the order of their seniority of emp loyment and when appointed to a vacant position, they must be physically fit, as above specified, and shall serve the balance of their probationary period before attaining regular status.
Two (2) or more regular status employees granted military leave of a bsence without pay from the same position shall be reemployed according to their seniority of employment, provided they are physically fit, as above specified.
9.4 Workers' Compensation Leave
Whenever an employee is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall become entitled, regardless of their period of service with the City, to leave of absence, while so disabled, without loss of salary, in lieu of temporary disability payme nt, if any, which would be payable for the period of such disability but not exceeding one (1) year or until such earlier date as they are retired on permanent disability pension.
If the injury is claimed to be job -related or a recurrence of a previous job -related sickness or injury, it must be verified with a written physician's statement. Otherwise, disability leave will not be allowed. Any absence not so approved will be charged to sick leave if verification is not received within three (3) days of the initial absence.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 21
The company officer should originate a "Supervisor's Report of Accident" form (Form 78).
(a) Notification to Department. The employee should notify the Chief’s Operator or, if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 0645 hours of the day scheduled for duty.
(b) Accessibility and Reporting. All officers and members of the Department on leave for injury (job-related or non-job-related) shall be available at their homes or b y telephone for consultation with the Fire Chief or the Fire Chief’s designee(s). Exceptions to this rule shall only be made with the permission of the attending physician and the Fire Chief.
All officers and members of the Department on leave for injury (job-related or non-job-related) for extended periods of time will make weekly progress reports by telephone to the Fire Chief’s office.
(c) Return to Duty. Upon availability for return to duty, employees shall notify the Chief's Operator, or if unavailable, the shift Telecommunications Supervisor at the ECD at the earliest reasonable time, but not later than 1800 hours on the day prior to their next scheduled duty period.
(d) Forms and Procedures. Workers’ compensation processing shall be consistent with City procedures and in accordance with State workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform their supervisor no matter how minor an on - the-job injury may appear. An employee who sustains a work-related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre -designation of person al physician prior to sustaining the work -related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.
9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a mat ter of right, but only in accordance with the provisions of law and the Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equiv alent classification as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.
All approval authority over l eaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 22
Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereafter.
The entitlement to City-paid premiums shall end on the last day of the month in which the employee was paid except employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plans by prepayment of the monthly premium during the authorized leave of absence.
Authorized absences without pay that exceed thirty (30) consecutive calendar days, except military leave, shall not be included in determ ining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.
9.6 Leaves of Absence Without Pay
(a) Purpose and Length. Only employees occupying positions on a regular status basis are eligible for leaves of absence without pay under the provisions of the section.
An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twel ve (12) months with the approval of the Director of Human Resources.
Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with the approval of the Director of H uman Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth , and recovery therefrom.
Such a leave will be granted only after all accrued sick leave ha s been used and shall be substantiated by a physician's statement.
(b) Application For and Approval of Leaves of Absence Without Pay . In order to receive leave without pay, an employee must submit a request on the prescribed form to the Fire Chief and the City Manager. The request shall set forth the reasons for the request and all other information required for the Fire Chief o r the Fire Chief’s representative to evaluate the request. Leaves without pay may be canceled by the Fire Department at any time.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 23
9.7 Absence Without Official Leave (AWOL)
(a) Denial of Leave Request or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the Department or City Manager or at the expiration of a leave shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more shifts in any calendar month without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from employment with the City.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 24
SECTION 10. DAYS AND HOURS OF WORK
10.1 Workweek
The regularly scheduled workweek for each member of the Fire Unit assigned to fire suppression duties shall average fifty six (56) hours over a twelve (12) week period.
The regularly scheduled workweek for each member of the Fire Unit assigned to work in the Department’s administrative offices, the Fire Prevention Bureau, or the Division of Training shall be forty (40) hours. Other work periods may be declared by the Fire Chief for some or all members of the Fire Unit when dictated by operational requirements of the Fire Department.
All working shifts will commence at 0800 hours, with the exception of the employees assigned to work in the Fire Administration Office, Fire Prevention Bureau employees, and Division of Training employees, whose hours shall be determined by the Fire Chief.
10.2 Shift Trades
Fire Unit employees will be allowed to trade shifts. Shift trade privileges shall be determined and administered by the Fire Chief or the Fire Chief’s designee in accordance with Article J, Section 2 of the Fire Department Procedures Manual, which provides for Fire Unit employees to have up to a maximum of nine (9) uncompleted shift trades at any one time and that the period during which shifts are to be traded and paid back shall not exceed twelve (12) months.
Employees who have traded their shift with another employee shall not be eligible to work any overtime for the period that would have been their normal work hours.
10.3 Staffing
The City has management rights to determine staffing and the City will comply with applicable CalOSHA laws.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 25
SECTION 11. OVERTIME
11.1 Fair Labor Standards Act (FLSA) Agreement
(a) “24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule.
(b) “Day shift employees” means Fire Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Frid ay 5/8 work schedule, a 9/80 work schedule, and/or a 4/10 work schedule (e.g. fire prevention, training division, etc.). “Day shift employees” also includes firefighters and fire recruits assigned to the fire training academy.
(c) 24-hour Shift Employees.
(1) Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate for hours worked in excess of one hundred and eighty-two (182) hours in a 24 day work period.
(2) Premium FLSA Pay . Fire unit employees on a 7(k) exemption work schedule currently receive three point one six ( 3.16) hours per pay period for Premium FLSA Pay to compensate for ten ( 10) hours of scheduled overtime between the FLSA maximum of 182 and 192 hours in a 24 day work period.
(d) For Day Shif t employees, overtime shall be paid at the rate of time and one half (1-½) for all hours of actual time worked in excess of forty (40) hours in a seven (7) day work period.
(e) Hours worked shall include all actual time worked. Bereavement Leave, Jury Duty Leave, Industrial Illness or Injury Leave (4850) taken within the work period when 4850 leave begins or ends, and Sick Leave shall also count as actual time worked. Vacation leave or other time taken as compensated time off shall not be considered as actual time worked. Holiday hours taken and observed holidays where the City is closed shall be considered as time worked for unit employees in Administrative assignments where holidays are observed only.
(f) Notwithstanding subparagraph “e” above, effective as soon as administratively possible but no later than the second full pay period following adoption of this agreement by the City Council, vacation leave taken within the work perio d shall also count as actual time worked. The parties agree that the cost value EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 26
of this modification is approximately thirty -five one-hundredths percent (0.35%) of salary for the bargaining unit. During the final year of this MOU, the parties agree to evaluate the economic and operational impacts of this change and will negotiate over modifications to or continuation of this structure as part of successor contract negotiations.
(g) Work Out of Classification. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
Individual premium pay to which an employee is regularly entitled shall be included when computing overtime for work performed in a position or classification to which the employee does not hold a permanent appointment.
(h) Training Time. The time spent by an employee for job-related training in which participation is required by the City as a condition of continued employment shall be considered as hours worked. Said training time shall be viewed as hours worked in lieu of the employee’s normally scheduled shifts for that period. Employees shall participate in such training programs during their normally scheduled hours of work when provided by the City during those hours, unless there is a particular hardship or schedule conflict which precludes the employee’s attendance, in which event approval to obtain such training during off-duty hours must be requested and obtained in advance from the Fire Chief or the Fire Chief’s designated representative.
(i) Rank for Rank Relief. In providing relief, Fire Unit employees may work in a rank lower than the rank which they currently hold but may not provide relief by working in a rank above their current rank, except in extraordinary circumstances.
(j) Continuing Education for Paramedics . Upon prior approval of the Fire Chief the City will compensate members of the Fire Unit at their straight time rate for time spent, in an off-duty status, in continuing education necessary to maintain their certification, up to twenty -four (24) hours or less in a two ( 2) year certification period.
(k) Conflict Resolution. The City and the Union will cooperate with each other to promptly resolve any disagreement that may arise during the term of this Memorandum of Understanding regarding compliance with the FLSA. Any dispute involving the interpretation or application of the FLSA may be referred to the City Manager by the complaining party or by the Director of Human Resources. Such referral will be in writing, detailing the specific issue(s) involved in the referral together with a statement of the resolution desired. The EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 27
City Manager will designate a personal representative , who shall not be the Director of Human Resources , to investigate the merits of the dispute, meet with the complaining party, and att empt to settle the dispute. The availability of this procedure shall not be deemed to limit or foreclose the rights of an employee to seek relief in such other forums as the law provides. (l) Calculation of Pay While in Fire Academy. While enrolled in the Fire Academy, newly appointed firefighters shall have their pay calculated on a 40 -hour workweek and overtime shall be paid in accordance with 11.1(d) above (this will not include FLSA pay based on a 56-hour workweek as a Paramedic add pay be due).
11.2 Compensatory Time
(a) Definition. As used in this section, the term Compensatory Time refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or in excess of their normal work schedule.
(b) Use. Such compensatory time must be taken during the same work period in which it is earned in accordance with Section 11.1 above. The accrual of compensatory time and the date upon which such time will be taken must be authorized by the Fire Chief or the Fire Chief’s designated representative prior to both the performance of the hours worked and the compensatory absence from duty. In the event the employee determines that they are unable to take accrued compensatory time during the same work period in which it is earned, pay for such time shall be provided at straight time or time and one half (1 -½) depending upon the number of hours worked by the employee during the work period consistent with Section 11.1 above.
(c) Department Policy. Compensatory time for sworn 40-hour personnel shall be provided in accordance with the Department’s Policy and Procedures, Article J, Section 3B.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 28
SECTION 12. HOLIDAYS
(a) Effective upon the first full pay period following ratification of this M emorandum of Understanding by the Fire Unit and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this section.
The City observes the following holidays on the dates indicated:
(1) New Year’s Day ......................................................................... (January 1) (2) Martin Luther King’s Birthday ............................. (Third Monday in January) (3) Lincoln’s Birthday .......................................... (Second Monday in February) (4) Washington’s Birthday ...................................... (Third Monday in February) (5) Cesar Chavez Day ................................................. (March 31 - FLOATING) (6) Memorial Day ............................................................. (Last Monday in May) (7) Independence Day ........................................................................... (July 4) (8) Labor Day ....................................................... (First Monday in September) (9) Columbus Day ............................................... (Second Monday in October) (10) Veterans’ Day ...................................................................... (November 11) (11) Thanksgiving .............................................. (Fourth Thursday in November) (12) The day following Thanksgiving ...................... (Fourth Friday in November) (13) Christmas Day ..................................................................... (December 25) (14) Birthday Holiday
(b) Effective July 1, 2021, 0.41% will be added to the suppression classification s on the salary schedule for the Birthday Holiday.
(c) Effective August 1, 2011, the differential for Administrative Captain and Other Administrative Positions in Sections 13.12 and 13.14 will be increased by 6.34%. (d) Except for employees in administrative assignments who observe holidays, employees in this bargaining unit receive the dollar value of the holidays listed above (as noted in their salary ranges) in lieu of observing holidays.
For posi tions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year.
There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31). (e) For positions that observe holidays, in order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday. (f) Birthday Holiday Leave. For positions that ob serve holidays, the department head , with due consideration for the wishes of the employee, may authorize the birthday EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 29
holiday to be taken within sixty (60) calendar days beginning on the day of the employee’s birthday.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 30
SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY
13.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012
(a) The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the California Public Employees’ Retirement System (CalPERS) 3% at 50 local safety pension formula based on the single highest year.
(b) Additional CalPERS Benefits.
(1) The City shall continue providing the following optional pension benefits and enhancements: Sic k Leave Conversion up to 2 ,080 hours (Government Code Section 20965), Survivor Benefit Level 4 (Government Code Section 21574), Post-Retirement Survivor Allowance to Continue After Remarriage (Government Code Section 21635), Continuation of Death Benefits After Remarriage (Government Code Section 21551), and Military Service Credit as Public Service and for Retired Persons at the employees’ expense (Government Code Sections 21024 and 21027).
(2) The City shall continue providing such other CalPERS benefits as set forth in the City’s contract with CalPERS as of the date of the execution of this Memorandum of Understanding.
(c) Employer Paid Member Contribution (EPMC). The City shall continue contributing an amount equal to nine percent (9%) of the employee’s current base salary and other qualifying compensation as determined by state law toward the employee contribution for CalPERS benefits. Such amounts will be applied to the employee’s individual account in accordance with Government Code Section 20691.
(d) EPMC Payrate Conversion. The City will cease paying the nin e percent (9%) EPMC at the beginning of an employee’s last year of employment, and the employee pays their nine percent (9%) employee contribution on a pre -tax basis through an automatic payroll deduction. The base salary for those employees will be increased by that same nine percent (9%) for the last twelve (12) months of employment in accordance with Government Code section 20692. Instead of applying these section 20692 provisions each pay period, employees may select the option for a one -time retroactive application at the time of their retirement for the entire twelve month period prior to the effective date of retirement. Employees who wish to select this option, shall indicate this EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 31
on the City’s EPMC Authorization form provided by Human Resources. (e) CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent ( 9%) CalPERS Contribution. Employees hired on o r before December 28, 2012 agree to continue sharing the cost of the CalPERS 3% at 50 local safety pension formula plan by contribu ting nine percent (9%) of the employee’s current base salary (employee contribution ) and other compensation as qualified by CalPERS towards the employer’s share of cost for CalPERS pen sion on a pre -tax basis. If Cal PERS determines that the maximum contribution through a CalPERS Section 20516 amendment is less than nine percent (9%) and/or some or all of the contributions sunset at a specific time in the future, the parties agree that the City shall deduct the percentage up to nine percent (9%) not covered by the CalPERS amendment process th rough a payroll deduction. If legislation is enacted and becomes effective during the term of this agreement requiring employees under the CalPERS retirement system to pay all or part of the employee’s share of retirement contribution, thus reducing or eliminating EPMC, the parties agree that as soon as administratively possib le, consistent with CalPERS regulations, to convert the employee’s contribution to the employer’s share under the Section 20516 cost share contract amendment to the employee ’s share towards retirement for the percentage required by the new legislation.
13.2 Public Employee Retirement System Benefits for Unit Employees hired on or after December 29, 2012 and before January 1, 2013
The City shall continue providing bargaining unit employees hired on or after December 29, 2012 and before January 1, 2013, and bargaining unit employees hired on or after January 1, 2013 who qualify as “classic” members, with the CalPERS 3% at 55 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutor ily required enhancements. Employees shall continue contributing nine percent (9%) on a pre - tax basis toward the employee contribution for the pension benefit and are not subject to the Government Code Section 20516 Cost Sharing provision in Section 13.1 ( e) above.
13.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013
The City shall continue providing bargaining unit employees hired on or after January 1, 2013, without reciprocity (i.e., “new” members) the CalPERS 2.7% at 57 local safety pension formula based on the three (3) year final compensation period and no optional or enhanced benefits except for statutorily required enhancements.
Employees without reciprocity shall continue contributing fifty pe rcent (50%) of the “normal” cost as determined by CalPERS on a pre -tax basis for the pension benefit EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 32
and are not subject to the Government Code Section 20516 Cost Sharing provision in Section 13.1 (e) above.
13.4 Education Incentive Pay
(a) Employees who satisfy the educational and service requirements for an intermediate education certification shall receive three percent (3%) of the top step of rank for sworn Fire Unit employees.
(b) Employees who satisfy the educational and service requiremen ts for an advanced education certification shall receive five percent (5%) of the top step rank for sworn Fire Unit employees.
13.5 HAZ/MAT Assignment
The City shall pay five percent (5%) of the top step of rank for sworn Fire Unit employees actively assigned to the HAZ/MAT response team. This section applies to a total certified and assigned complement of twenty-one (21) employees. The Fire Chief or their designee shall ensure that employees with HAZ/MAT certification are assigned to back fill vacancies o n the HAZ/MAT response team due to events such as vacation or sick leave and that such employees receive the five percent (5%) temporary add pay while working the vacant assignment.
13.6 Emergency Medical Technician Certification
It is the policy of the Stockton Fire Department that all sworn employees assigned to line fire suppression activities and working in the rank of Battalion Chief and below shall maintain a current San Joaquin County Emergency Medical Technician (“EMT”) certification or face disciplinary procedures detailed below.
Each member shall secure EMT certification within one (1) year of commencement of employment and maintain that certification throughout their career while assigned to line fire suppression activiti es. In the event a new member does not have EMT certification upon employment, the member shall be provided Emergency Aid Responder (“EAR”) training and certification by the Department’s Division of Training prior to being placed on line.
All periodic re-certifications of EMT certification shall be prepared for and executed during on-duty training sessions conducted by the Division of Training. If a member fails to re-certify after one (1) attempt, the Division of Training shall provide additional resources to assist the member to prepare for a second attempt at re -certification in accordance with State regulations. The Division of Training’s resources will include the following: study guides, textbooks, remedial lectures on deficiencies, and a list of local courses offered by other agencies. If the member fails the second attempt o r EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 33
the member’s EMT certification expires, the member must obtain EAR certification, which shall comply with State law. The non -EMT member will be provided EAR training and cer tification by the Division of Training prior to assignment to line fire suppression activities.
Members whose certification lapses shall have eighteen (18) months to complete an EMT re -certification process. During this time frame, the member shall not trade shifts or work overtime without permission of the Fire Chief. The member shall be reduced one (1) pay grade until EMT re-certification is achieved.
A member may attempt re-certification at any time and from any jurisdiction within the State of California. If the member fails to either (1) regain EMT certification within the eighteen (18) month “correction period” or (2) fails to obtain EAR certification within thirty (30) days of loss of EMT certification, the City may take appropriate disciplinary action pursuant to Rule XII of the Stockton Civil Service Rules and Regulations for Police and Fire Employees, up to and including termination.
Any disputes that result from this agreement shall be handled in accordance with the current Memorandum of Understanding grievance procedures.
13.7 Paramedic Certification
(a) The City shall pay Fire Unit employees who are assigned to Paramedic duties and possess a valid Paramedic certificate as follows:
(1) Paramedic Firefighter Step I: Six percent (6%) above top step of current applicable rank.
(2) Paramedic Firefighter Step III: Eight and one-half percent (8.5%) above top step of current applicable rank.
(3) Paramedic Firefighter Step V: Nine percent (9%) above top step of current applicable rank.
(4) Paramedic Engineer: Six percent (6%) above Engineer top step.
(5) Paramedic Fire Captain: Six percent (6%) above Fire Captain top step.
13.8 Uniform Allowance
Employees in this unit shall receive a uniform allowance in the amount of nine hundred and fifty dollars ($950.00). One -half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 34
13.9 Contagious Disease
The City shall make available, at no cost to the employee, screenings for all strains of hepatitis, hepatitis B vaccinations, and shall monitor employees’ exposure to tuberculosis.
13.10 Acting Pay
An employee who is assigned in writing to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.
13.11 Call-Back Pay
An employee called back to work to assist with a multiple alarm fire or other emergency situation after they have worked a scheduled shift and ha ve departed from the work site shall earn three (3) hours of call-back at the regular hourly rate of pay or time and one-half (1-½) of their regular rate of pay for time worked, whichever is greater.
The above provision shall not apply to employees called back due to an operator error that does not result in the employee being assigned for the day or an employee’s participation in official meetings called by authorized personnel of the Stockton Fire Department. In such instances, the employee will be compensated on an hourly basis.
13.12 Deputy Fire Marshal Series
(a) Employees assi gned as Deputy Fire Marshals and are designated as administrative positions shall be paid as follows:
(1) Deputy Fire Marshal I: Two and one -half percent (2.5%) above Firefighter top step
(2) Deputy Fire Marshal II: Five percent (5%) above Firefighter top step (3) Deputy Fire Marshal III: Seven and one -half percent (7.5%) above Firefighter top step
(4) Deputy Fire Marshal IV: Ten percent (10%) above Firefighter top step (5) Fire Captain (FM III): Ten percent (10%) above Fire Captain top step EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 35
13.13 Fire/Engineer Operator
Employees assigned as Fire/Engineer Operators shall be paid five percent (5%) above the Engineer top step.
13.14 Administrative Positions
(a) Administrative Captain. Employees assigned as Administrative Captains shall be paid at a rate that is thirteen point three three percent (13.33%) above the amount paid to Captains assigned to fire suppression duties. Note: The FLSA rate was 3.33% so this rate is not increasing.
(b) Administrative Firefighter. Fire Unit employees assigned as an Administrative Firefighter shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter with pay increases of two and one-half percent (2.5%) per year to a maximum of thirteen point three three percent (13.33%).
Note: The FLSA rate was 3.33% so this rate is not increasing. (c) Administrative Firefighter/Engineer . Fire Unit employees assigned as an Administrative Firefighter/Engineer shall be paid at the rate of eight point three three percent (8.33%) of top step of rank of Firefighter/Engineer with pay increases of two and one -half percent (2.5%) per year to a maximum of thirteen point three three percent (13.33%). Note: The FLSA rate was 3.33%, so this rate is not increasing.
13.15 Longevity Pay
(a) Grandfathered Longevity Tier One: Employees hired on or before June 30, 2011, who by July 1, 2012 have attained fifteen (15) years of continuous employment wi th the City shall receive an additional one and one quarter percent (1.25%) of top step pay for their classification.
(b) Grandfathered Longevity Tier Two: Employees hired on or before June 30, 2011 who by July 1, 2012 have attained twenty -two (22) years of continuous employment with the City shall receive an additional eight and three-quarters percent (8.75%) of top step pay for their classification. Effective July 1, 2016, the City agrees to continue the Tier Two longevity pay for the eligible members at the 8.75% rate, rather than the previously negotiated rate of four and three- quarters (4.75%) based on the association’s agreement in prior Memoranda of Understanding to redirect City HRA contributions to buy back this benefit.
13.16 Wellness-Fitness Program
The purpose of the Department’s Wellness-Fitness Program is to develop, promote, enhance, and maintain the wellness and fitness of members of the Department. The EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 36
program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint -Labor Management Wellness Fitness Initiative.
(a) Participation in the Wellness-Fitness Program is mandatory for the program’s testing, evaluations, and daily physical training requirements. (b) Annual physicals under the program shall be required. The City will contract with an Occupational Health Provider of its choosing to perform these annual physicals.
(c) All information obtained from the medical evaluations is confidential, and the City will only have access to information regarding work restrictions necessary to determine whether appropriate accommodations can be made. (d) The Union and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitne ss of members of the Department.
13.17 CalPERS Reportability
The City makes no repr esentation as to whether any of the compensation or payments in this M emorandum of Understanding are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided und er this M emorandum of Understanding is outside of the City’s control.
13.18 Lapse of Certification
An employee receiving an add pay under Section 13 of this M emorandum of Understanding, whose certification lapses will not be eligible for the add pay and will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 37
SECTION 14. INSURANCE PLANS
14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any proposed changes within the mandatory scope of bargaining that relate to the implementation and regulatory compliance of the Affordable Care Act (ACA) for the City sponsored medical plans.
14.1 Health Insurance and Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental , and vision plans. Each plan shall offer an Employee only, Employee plus one and Employee plus two or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for Medical , Dental, and Vision insurance on the first day of the month following date of hire . An elig ible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan).
(c) City Contribution Towards the Cost of Insurance Programs. (1) Effective July 1, 2022, the City shall contribute the following:
a. Up to $697 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,265 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,685 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(2) Effective July 1, 2023, the City shall contribute the following:
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 38
a. Up to $ 711 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,290 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,719 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective July 1, 2024, the City shall contribute the following:
a. Up to $ 725 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
b. Up to $1,316 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
c. Up to $1,753 per month toward the cost of the monthly premium for e mployee plus two (2) or more dependents
medical/dental/vision plan coverage.
These contributions are based on full -time employment; regular part -time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion. (d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
14.2 Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees shall have the opportunity to pu rchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 39
14.3 Long Term Disability Insurance
The City shall provide to each bargaining unit member seventeen dollars ($17.00) per month for the purpose of purchasing Long Term Disability Insurance. It is the Union’s responsibility for purchasing such insurance for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.
14.4 Retiree Medical Trust
The City acknowledges the Union’s intent to participate in a Retiree Medical Trust (hereinafter the “Trust”) for the benefit of current and future Fire Unit members. The City agrees to cooperate with the Union to facilitate payroll deductions from Fire Unit members to be contributed to the Trust.
The Trust shall be and remain separate and apart from any Employer health insurance funding program.
Within two pay periods following receipt of written notification from the Union of its entry into the Trust, but no sooner than March 1, 2023, eligible regular status employees covered by this Agreement shall contribute to the Trust an amount equal to a uniform flat dollar amount per month for each month of employment, which the employer shall deduct through a payroll deduction. This contribution amount shall be included in the above -referenced notice to the City. Individuals who attain regular status in the second pay period of a month shall have the full amount deducted from their initial check; individuals separating from employment in the first pay period of a month shall also have the full amount deducted from their final check.
To the extent authorized by law, all contributions shall be made on a pre -tax basis.
The employee assumes full responsibility and liabil ity for tax consequences related to contributions to and/or withdrawals from the Trust. There shall be no employee election or option to take the contribution amount in cash. The Union has the right to alter the amount of salary deduction during the course of this Agreement, on a uniform basis, for all employees covered by the Agreement, subject to approval of its members according to the Union’s bylaws and applicable laws. The Union shall provide written notice to the City of any such changes, which will be implemented no later than the second full pay period following receipt of said notice.
The City shall not charge the Union or Fire Unit members for any administrative costs associated with the enrollment of employees in the Trust or for payroll deductions and the transmittal of employee contributions to the Trust, or for any other City actions required by this Section. The Union shall be responsible to pay the Trust for any administrative costs arising between the Union and the Trust from the enrollment of the Union and the Fire Unit members in the Trust.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 40
The Union agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless the City and each of its agents, officers, and employees against all costs, expenses, liability, and da mages resulting from any misrepresentation, negligent action or inaction, or breach of, the Trust, or any rules, policies, or procedures established by the Trust’s Board of Trustees.
The City provides no guarantee to employees regarding the ultimate length of retiree medical benefit payout. Employees who participate in the Trust assume the entire risk from any investment gains or losses associated with these funds or other decline in value. Nothing contained in this contract shall constitute a guarantee by the City that assets of the Trust will be sufficient to pay any benefit to any person or to make any other payment during an employee’s life expectancy after retirement. All payments, in the form of employee contributions, to the Trust are defined contributions only. Payments to be paid from the Trust are limited to the remaining assets in the Trust and governed by the Board of Trustees and the current Plan. The parties understand that the above provisions shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in this contract.
The City’s obligation to provide pre -tax deposits would remain subject to Internal Revenue Service rules as they may be revised in the future. Should the Internal Revenue Service later determine that these contributions are no longer permissible on a pre -tax basis, the City shall cease deducting such amounts from employee compensation.
Participation in the Trust shall be the complete and sole responsibility of the union.
The City s hall not be involved in the Trust’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the Trust or its trustees, or of the Union with respect to the Trust. The City has no fiduciary duty with respect to the Trust.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 41
SECTION 15. SALARY PLAN
15.1 Salary Ranges
The salary ranges for all employees in this unit shall be as set forth in the City’s Salary Schedule. The rates of pay set forth in the City’s Salary Schedule represent the standard rates of pay for full time employment for each classification, unless the schedule specifically indicates otherwise. The Salary Schedule on the City of Stockton’s Human Resources Site shall provide salary rates for the classifications in the Fire Unit.
15.2 Salary Upon Appointment
Except as herein otherwise provided, the entrance s alary for a new employee entering the classified service shall be the minimum salary for the class to which the employee is appointed. When circumstances warrant, the City Manager may approve an entrance salary that is more than the minimum salary for the class. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.
15.3 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.
15.4 Salary Step Plan-Sworn Ranks
(a) There shall be nine (9) salary steps for the classification of Firefighter. There shall be six (6) salary steps in each range for the cl assifications of Firefighter/Engineer and Fire Captain.
(b) The first step shall be the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the City Manager may authorize appointment abo ve the first step after receiving the recommendation of the department head. The same provisions shall apply to hourly paid and part-time employees.)
(c) If a department head recommends to withhold increases to salary steps two (2) through nine (9) because a n employee has not achieved the level of performance required, notice must be received by the City Manager at least EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 42
four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation.
(d) The second step shall be paid upon the employee’s satisfactory completion of the Fire Academy and upon the written recommendation of the department head.
(e) The third step shall be paid upon the satisfactory completion of six (6) months of service at the second step upon the written recommendation of the department head.
(f) The fourth step shall be paid upon the satisfactory completion of six (6) months of service at the third step upon the written recommendation of the department head.
(g) The fifth step shall be paid upon the satisfactory completion of one (1) year of service at the fourth step upon the written recommendation of the department head.
(h) The sixth step shall be paid upon the satisfactory completion of one (1) year of service at the fifth step and written recommendation of the department head. (i) The seventh step shall be paid upon the satisfactory completion of one (1) year of service at the sixth step and upon the written recommendation of the department head.
(j) The eighth step shall be paid upon the satisfactory completion of one (1) year of service at the seventh step and upon the written recommendation of the department head.
(k) The ninth step shall be paid upon the satisfactory completion of six (6) months of service at the eighth step and upon the written recommendation of the department head.
(l) As an exception to the foregoing, employe es promoted to the rank of Fire Captain shall be eligible for step increases upon the satisfactory completion of six (6) months’ service in each step of the Fire Captain Salary range. Also, employees holding the rank of Firefighter/Engineer shall be subje ct to step increase intervals of one (1) year. However, the Firefighter/Engineer rank shall be limited to six (6) salary steps. Regardless of an employee's length of service, step advancements may be made upon recommendation of the department head, but not above Step No. 6 of the Firefighter/Engineer and Fire Captain Salary ranges, and not above Step No. 9 of the Firefighter salary range.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 43
(m) Salary step increases shall be effective the first day of the pay period following appointment or revision. If the da te of appointment or revision is the first day of a pay period, salary step increases shall be as of that date. (n) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.
(o) Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.
15.5 Salary Step After Military Leave
All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.
15.6 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.
15.7 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5%) above the current base pay salary on the salary schedul e of the current base pay rate the employee has been receiving, except that the new step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for the purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary after promotion rules shall apply.
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.
15.8 Salary on Reinstatement
If a former employee is reinstated to the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 44
time of their separation unless there has been an increase within the salary range.
15.9 Salary Adjustments
(a) Effective July 1, 2022, all bargaining unit classifications will receive a nine point six five percent (9.65%) increase to base pay (comprised of a two percent (2%) COLA and a seven point six five percent (7.65%) Market Adjustment). (b) Effective July 1, 2023, all bargaining unit classifications will receive a three percent (3%) increase to base pay (comprised of a two percent (2%) COLA and a one percent (1%) Market Adjustment).
(c) Effective July 1, 2024, all bargaining unit classifications will receive a three percent (3%) increase to base pay (comprised of a two percent (2%) COLA and a one percent (1%) Market Adjustment).
15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay period as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.
15.11 Lump Sum Payment
Each employee who is employed in the bargaining unit as of January 1, 2024 will receive a five thousand ($5,000) lump sum non -pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 45
SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding , all of which other provisions shall remain in full force and effect.
SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.
This Memorandum of Understanding shall supersede all existing Memoranda of Understanding between the City and the Union.
SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring.
SECTION 19. DURATION OF AGREEMENT
All provisions of this Memorandum of Understanding shall be effective as of the da te of execution unless otherwise indicated herein , and shall remain in full force and effect up to and including June 30, 2025.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 46
SECTION 20. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee represented thereby agrees that from the date of execution of this Memorandum of Understanding, th rough and inclusive of June 30 , 2025, the Union or any person acting on its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing (other than informational picketing), against the City or the individual or concerted failure to report for duty or abstinence from the full and faithfu l performance of the duties of employment (including compliance with the request of another labor organization or bargaining unit to engage in such activity) in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction that the employee is or has engaged in any activity prohibited by subsection (a) of this section. In addition, the City may take other action that it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this Memorandum of Understanding and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 47
APPENDIX A: City of Stockton’s New Medical Response Squad At such time when the department is sufficiently staffed to allow for the staffing of a Medical Response Squad, without incurring additional mandatory overtime within the departme nt, the parties agree to reopen negotiations solely for the purpose of meeting and conferring over any negotiable impacts associated with adding a new Medical Response Squad.
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 48
APPENDIX B. COLA and Market Adjustments
Year 1- Effective 7/1/22;
Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6 7 8 9
Fire Captain 7,257.16 7,630.30 8,021.79 8,434.05 8,867.15 9,323.48 - - - COLA and MA year 1 (9.65%) 700.32 736.32 774.10 813.89 855.68 899.72 - - - Year 1 - Monthly Salary 7,957.47 8,366.62 8,795.89 9,247.93 9,722.83 10,223.19 - - - COLA and MA year 2 (3%) 238.72 251.00 263.88 277.44 291.68 306.70 - - - Year 2 - Monthly Salary 8,196.20 8,617.62 9,059.77 9,525.37 10,014.51 10,529.89 - - - COLA and MA year 3 (3%) 245.89 258.53 271.79 285.76 300.44 315.90 - - - Year 3 - Monthly Salary 8,442.08 8,876.15 9,331.56 9,811.13 10,314.95 10,845.78 - - - Fire Captain - Admin 6,839.34 7,191.06 7,560.07 7,948.68 8,356.90 8,787.04 - - - COLA and MA year 1 (9.65%) 660.00 693.94 729.55 767.05 806.44 847.95 - - - Year 1 - Monthly Salary 7,499.34 7,885.00 8,289.62 8,715.73 9,163.34 9,634.99 - - - COLA and MA year 2 (3%) 224.98 236.55 248.69 261.47 274.90 289.05 - - - Year 2 - Monthly Salary 7,724.32 8,121.55 8,538.31 8,977.20 9,438.24 9,924.04 - - - COLA and MA year 3 (3%) 231.73 243.65 256.15 269.32 283.15 297.72 - - - Year 3 - Monthly Salary 7,956.05 8,365.19 8,794.46 9,246.52 9,721.38 10,221.76 - - - Fire Captain (22 years) 7,892.16 8,297.95 8,723.68 9,172.04 9,643.02 10,139.28 - - - COLA and MA year 1 (9.65%) 761.59 800.75 841.84 885.10 930.55 978.44 - - - Year 1 - Monthly Salary 8,653.75 9,098.70 9,565.52 10,057.14 10,573.58 11,117.72 - - - COLA and MA year 2 (3%) 259.61 272.96 286.97 301.71 317.21 333.53 - - - Year 2 - Monthly Salary 8,913.36 9,371.66 9,852.48 10,358.86 10,890.78 11,451.25 - - - COLA and MA year 3 (3%) 267.40 281.15 295.57 310.77 326.72 343.54 - - - Year 3 - Monthly Salary 9,180.76 9,652.81 10,148.06 10,669.62 11,217.51 11,794.79 - - - Fire Captain (22 years) -
Admin 7,437.78 7,820.28 8,221.59 8,644.18 9,088.13 9,555.90 - - - COLA and MA year 1 (9.65%) 717.75 754.66 793.38 834.16 877.00 922.14 - - - Year 1 - Monthly Salary 8,155.53 8,574.94 9,014.97 9,478.34 9,965.14 10,478.05 - - - COLA and MA year 2 (3%) 244.67 257.25 270.45 284.35 298.95 314.34 - - - Year 2 - Monthly Salary 8,400.20 8,832.19 9,285.42 9,762.69 10,264.09 10,792.39 - - - COLA and MA year 3 (3%) 252.01 264.97 278.56 292.88 307.92 323.77 - - - EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 49
Year 3 - Monthly Salary 8,652.20 9,097.15 9,563.98 10,055.57 10,572.01 11,116.16 - - - Fire Fighter 4,772.67 5,018.13 5,276.35 5,547.28 5,833.26 6,133.15 6,448.09 6,779.23 7,127.75 COLA and MA year 1 (9.65%) 460.56 484.25 509.17 535.31 562.91 591.85 622.24 654.20 687.83 Year 1 - Monthly Salary 5,233.23 5,502.37 5,785.52 6,082.60 6,396.17 6,725.00 7,070.33 7,433.42 7,815.57 COLA and MA year 2 (3%) 157.00 165.07 173.57 182.48 191.89 201.75 212.11 223.00 234.47 Year 2 - Monthly Salary 5,390.23 5,667.45 5,959.08 6,265.07 6,588.06 6,926.75 7,282.44 7,656.43 8,050.04 COLA and MA year 3 (3%) 161.71 170.02 178.77 187.95 197.64 207.80 218.47 229.69 241.50 Year 3 - Monthly Salary 5,551.93 5,837.47 6,137.86 6,453.03 6,785.70 7,134.55 7,500.91 7,886.12 8,291.54 Fire Fighter - Admin 4,497.55 4,728.93 4,972.30 5,227.68 5,497.26 5,779.93 6,076.79 6,388.91 6,717.41 COLA and MA year 1 (9.65%) 434.01 456.34 479.83 504.47 530.49 557.76 586.41 616.53 648.23 Year 1 - Monthly Salary 4,931.56 5,185.27 5,452.13 5,732.15 6,027.75 6,337.69 6,663.20 7,005.44 7,365.64 COLA and MA year 2 (3%) 147.95 155.56 163.56 171.96 180.83 190.13 199.90 210.16 220.97 Year 2 - Monthly Salary 5,079.51 5,340.82 5,615.69 5,904.12 6,208.58 6,527.82 6,863.10 7,215.60 7,586.61 COLA and MA year 3 (3%) 152.39 160.22 168.47 177.12 186.26 195.83 205.89 216.47 227.60 Year 3 - Monthly Salary 5,231.89 5,501.05 5,784.16 6,081.24 6,394.84 6,723.66 7,068.99 7,432.07 7,814.21 Fire Fighter (22 years) 5,457.22 5,738.03 6,032.67 6,343.68 6,669.81 7,012.30 7,372.41 7,751.42 - COLA and MA year 1 (9.65%) 526.62 553.72 582.15 612.16 643.64 676.69 711.44 748.01 - Year 1 - Monthly Salary 5,983.84 6,291.75 6,614.82 6,955.84 7,313.44 7,688.99 8,083.85 8,499.43 - COLA and MA year 2 (3%) 179.52 188.75 198.44 208.68 219.40 230.67 242.52 254.98 - Year 2 - Monthly Salary 6,163.35 6,480.50 6,813.26 7,164.52 7,532.84 7,919.66 8,326.36 8,754.42 - COLA and MA year 3 (3%) 184.90 194.42 204.40 214.94 225.99 237.59 249.79 262.63 - Year 3 - Monthly Salary 6,348.25 6,674.92 7,017.66 7,379.45 7,758.83 8,157.25 8,576.15 9,017.05 - Fire Fighter (22 years) -
Admin 5,142.71 5,407.38 5,684.42 5,978.27 6,285.68 6,608.51 6,947.94 7,305.18 - COLA and MA year 1 (9.65%) 496.27 521.81 548.55 576.90 606.57 637.72 670.48 704.95 - Year 1 - Monthly Salary 5,638.98 5,929.20 6,232.96 6,555.17 6,892.25 7,246.23 7,618.42 8,010.13 - COLA and MA year 2 (3%) 169.17 177.88 186.99 196.66 206.77 217.39 228.55 240.30 - Year 2 - Monthly Salary 5,808.15 6,107.07 6,419.95 6,751.83 7,099.01 7,463.62 7,846.97 8,250.44 - COLA and MA year 3 (3%) 174.24 183.21 192.60 202.55 212.97 223.91 235.41 247.51 - Year 3 - Monthly Salary 5,982.39 6,290.28 6,612.55 6,954.38 7,311.98 7,687.53 8,082.38 8,497.95 - Fire Fighter Engineer 6,355.55 6,681.67 7,026.03 7,386.21 7,765.86 8,164.98 - - - COLA and MA year 1 (9.65%) 613.31 644.78 678.01 712.77 749.41 787.92 - - - Year 1 - Monthly Salary 6,968.86 7,326.45 7,704.04 8,098.97 8,515.27 8,952.91 - - - COLA and MA year 2 (3%) 209.07 219.79 231.12 242.97 255.46 268.59 - - - Year 2 - Monthly Salary 7,177.92 7,546.24 7,935.17 8,341.94 8,770.73 9,221.49 - - - EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 50
COLA and MA year 3 (3%) 215.34 226.39 238.05 250.26 263.12 276.64 - - - Year 3 - Monthly Salary 7,393.26 7,772.63 8,173.22 8,592.20 9,033.85 9,498.14 - - - Fire Fighter Engineer -
Admin 5,989.48 6,296.89 6,621.48 6,960.99 7,318.84 7,694.81 - - - COLA and MA year 1 (9.65%) 577.98 607.65 638.97 671.74 706.27 742.55 - - - Year 1 - Monthly Salary 6,567.47 6,904.54 7,260.45 7,632.72 8,025.11 8,437.36 - - - COLA and MA year 2 (3%) 197.02 207.14 217.81 228.98 240.75 253.12 - - - Year 2 - Monthly Salary 6,764.49 7,111.68 7,478.27 7,861.70 8,265.86 8,690.48 - - - COLA and MA year 3 (3%) 202.93 213.35 224.35 235.85 247.98 260.71 - - - Year 3 - Monthly Salary 6,967.43 7,325.03 7,702.61 8,097.55 8,513.84 8,951.20 - - - Fire Fighter Engineer (22
years) 6,911.65 7,266.30 7,640.82 8,032.50 8,445.37 8,879.42 - - - COLA and MA year 1 (9.65%) 666.97 701.20 737.34 775.14 814.98 856.86 - - - Year 1 - Monthly Salary 7,578.63 7,967.50 8,378.16 8,807.63 9,260.35 9,736.28 - - - COLA and MA year 2 (3%) 227.36 239.02 251.34 264.23 277.81 292.09 - - - Year 2 - Monthly Salary 7,805.99 8,206.52 8,629.50 9,071.86 9,538.16 10,028.37 - - - COLA and MA year 3 (3%) 234.18 246.20 258.88 272.16 286.14 300.85 - - - Year 3 - Monthly Salary 8,040.16 8,452.72 8,888.38 9,344.02 9,824.30 10,329.22 - - - Fire Fighter Engineer (22
years) - Admin 6,513.56 6,847.87 7,200.86 7,570.07 7,959.23 8,368.11 - - - COLA and MA year 1 (9.65%) 628.56 660.82 694.88 730.51 768.07 807.52 - - - Year 1 - Monthly Salary 7,142.12 7,508.69 7,895.74 8,300.59 8,727.30 9,175.63 - - - COLA and MA year 2 (3%) 214.26 225.26 236.87 249.02 261.82 275.27 - - - Year 2 - Monthly Salary 7,356.39 7,733.95 8,132.61 8,549.60 8,989.12 9,450.90 - - - COLA and MA year 3 (3%) 220.69 232.02 243.98 256.49 269.67 283.53 - - - Year 3 - Monthly Salary 7,577.08 7,965.97 8,376.59 8,806.09 9,258.79 9,734.43 - - - Fire Fighter Trainee 4,772.67 - - - - - - - -
COLA and MA year 1 (9.65%) 460.56 - - - - - - - -
Year 1 - Monthly Salary 5,233.23 - - - - - - - -
COLA and MA year 2 (3%) 157.00 - - - - - - - -
Year 2 - Monthly Salary 5,390.23 - - - - - - - -
COLA and MA year 3 (3%) 161.71 - - - - - - - -
Year 3 - Monthly Salary 5,551.93 - - - - - - - -
EXHIBIT 2
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2022 – JUNE 30, 2025
CITY OF STOCKTON 51
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on the ______ day of______ ___, 2022 and by an affirmative vote of the Stockton City Council on _______________. The parties hereto have executed this Memorandum of Understanding this _______day of ___________,2022 .
STOCKTON PROFESSIONAL
FIRE FIGHTERS’ LOCAL UNION 456,
International Association of Fire Fighters City of Stockton ___________________________________ _________________________________
MARIO GARDEA HARRY BLACK
President City Manager
___________________________________
MICAH MORI
Fire Unit Representative
___________________________________ _________________________________ SCOTT WATKINS ALLISON U. DICHOSO
Fire Unit Representative Director of Human Resources
Approved as to form: Approved as to form:
RAINS LUCIA STERN, PC LORI M. ASUNCION, Acting City Attorney By: By:
________________________________ _________________________________ TIMOTHY TALBOT MARCI A. ARREDONDO
Attorney for the Association Deputy City Attorney
By:
_________________________________
BURKE DUNPHY
Negotiator for the City
ATTEST:
_________________________________
ELIZA GARZA
City Clerk
EXHIBIT 2