FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2026 – JUNE 30, 2028
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 (MOU), have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This MOU is entered into pursuant to the Meyers-Milias- Brown Act (MMBA) (Government Code Sections 3500 3511) and has been jointly prepared by the Parties.
This MOU shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours, and other terms and conditions of employment for the period commencing July 1, 2026 and ending on June 30, 2028. This agreement shall supersede all other existing agreements on the matters set forth herein.
Table of Contents
SECTION 1. 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. PROBATION 5
3.1 Purpose 5
3.2 Original Entrance Positions 5
3.3 Retention/Rejection of Probation 5
3.4 Promotional Positions 5
SECTION 4. LAYOFF 6
4.1 Layoff Scope 6
4.2 Notice of Layoff 6
4.3 Precedence by Employment Status 6
4.4 Employee Option 7
SECTION 5. REEMPLOYMENT 8
SECTION 6. DISCIPLINE 9
SECTION 7. GRIEVANCE PROCEDURES 10
7.1 Definition 10
7.2 Filing Deadline 10
7.3 Grievance Processing 10
7.4 Scope of Arbitration 11
7.5 Other Provisions 11
SECTION 8. LEAVES 13
8.1 Vacation Leave 13
8.2 Sick Leave 15
8.3 Other Leaves with Pay 16
8.4 Workers’ Compensation Leave 17
8.5 Leaves of Absence 18
8.6 Leave of Absence without Pay 18
8.7 Absence Without Official Leave (AWOL) 19
SECTION 9. DAYS AND HOURS OF WORK 20
9.1 Workweek 20
9.2 Shift Trades 20
9.3 Staffing 20
SECTION 10. OVERTIME 21
10.1 Fair Labor Standards Act (FLSA) Agreement 21
10.2 Compensatory Time Off 23
SECTION 11. HOLIDAYS 24
SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY 25
12.1 Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012 25
12.2 Public Employee Retirement System Benefits for Unit Employees Hired on or after December 29, 2012 and before January 1, 2013 26
12.3 Public Employee Retirement System Benefits for Employees hired on or after January 1, 2013 26
12.4 Education Incentive Pay 27
12.5 HAZ/MAT Assignment 27
12.6 Emergency Medical Technician (EMT) Certification 27
12.7 Paramedic Pay 28
12.8 Uniform Allowance 28
12.9 Contagious Disease 29
12.10 Acting Pay 29
12.11 Call-Back Pay 29
12.12 Chief’s Operator Assignment Pay 29
12.13 Administrative Positions 29
12.14 Longevity Pay 30
12.15 Wellness-Fitness Program 30
12.16 CalPERS Reportability 31
12.17 Lapse of Certification 31
SECTION 13. INSURANCE PLANS 32
13.1 Health Insurance Related Benefits 32
13.2 Life Insurance 33
13.3 Long Term Disability Insurance 33
13.4 Retiree Medical Trust 33
SECTION 14. SALARY PLAN 36
14.1 Salary Ranges 36
14.2 Salary Upon Appointment 36
14.3 Salary Step Plan-Sworn Classifications 36
14.4 Salary Step After Promotion or Demotion 37
14.5 Salary Adjustments 37
14.6 Market Adjustments 37
SECTION 15. SEPARABILITY OF PROVISIONS 38
SECTION 16. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING 38 SECTION 17. SCOPE OF AGREEMENT 38
SECTION 18. DURATION OF AGREEMENT 38
SECTION 19. MAINTENANCE OF OPERATIONS 38
APPENDIX A: City of Stockton’s New Medical Response Squad 39 APPENDIX B: Administrative Stipend 39
APPENDIX C: Rates of Pay 39
SECTION 1. RECOGNITION
The City recognizes the Stockton Firefighters' Local 456, International Association of Firefighters("Union"),as the recognized employee organization for the Firefighters' Unit (“Fire Unit”),which consists of the following classifications: Fire Captain, Firefighter Engineer, Firefighter and Firefighter Trainee.
SECTION 2. UNION RIGHTS
Union Membership Dues and Payroll Deductions
As certified in writing by the Union, 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.
All employee requests to cancel or change membership dues deductions shall be directed to the Union.
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.
The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
The City shall honor any changes to membership dues deduction amounts provided by the Union.
The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence of terms of the authorization.
Deduction notifications will be provided to [email protected].
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 processing constraints. The City will make every effort to process earlier if possible. (b) 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.
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 shall 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 representative 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 established 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.
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. The Union shall have fourteen (14) days to request a meet and confer. If the Union fails to request a meet and confer within this time period, it shall be deemed to have waived its right to meet and confer.
In cases of emergency that 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 changes to the content of said notice with the management representatives designated by the City Manager.
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. The 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.
New Hire Employee Orientation and Information Requirements 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:
Name;
Job title;
Department;
Work Location;
Personal cellular telephone numbers, including work and home; Personal email addresses as provided by new hire employee; and 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..
SECTION 3. PROBATION
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.
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.
Retention/Rejection of Probation
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.
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.
SECTION 4. 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, after 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.
Layoff Scope
Layoffs shall be within departments of the City.
The departments of the City are defined as follows:
Administrative Services
City Attorney
City Auditor
City Clerk
City Manager
Community Development
Community Services
Economic Development
Fire
Human Resources
Information Technology
Municipal Utilities
Police
Public Works
Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
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:
Extra help or seasonal
Provisional
Temporary
Probationary
Layoffs shall be by job classification according to the length of time served in that class plus higher classes within the same series 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 following provisions shall apply in computing total continuous service:
Time spent on military leave shall count as service if the leave was taken subsequent to entry in the department.
Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class.
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 by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.
Employee Option
Employees may displace an employee in the same classification series based on time in class plus higher classes within the same series.
SECTION 5. 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 absence 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 the 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.
Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
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 demoted, 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 appointment 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 any 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 the inverse order of layoff. 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 Union agrees to not object to the changes in duration of reemployment lists consistent with this section.
SECTION 6. 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 for such disciplinary action. The employee may take any one (1) of the following actions:
File no appeal.
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.
File a grievance as provided for in section 8.2, below, 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.” SECTION 7. GRIEVANCE PROCEDURES
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.
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 this section, “business day” shall mean a day in which the Human Resources Department is open for business to the public.
Grievance Processing
Step 1 - Departmental Review. Any employee 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.
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.
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 statement of the resolution desired. The City Manager shall designate a 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.
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 reporter 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.
Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties, except as otherwise provided herein.
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 MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, 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 MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Union.
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.
All complaints alleging that the City is not compensating employees in accordance with the provisions of this MOU 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 MOU which results from such meeting and conferring process, shall be deemed withdrawn until 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.
SECTION 8. LEAVES
Vacation Leave
Accrued Vacation Allowance. Employees accrue vacation leave per pay period as follows:
40-hour workweek employee:
Months of Continuous Service
Hours Per Pay Period
Less than eighteen (18)
3.08 Eighteen (18) or more but less than ninety (90)
4.15 Ninety (90) or more but less than 180
5.54 180 or more but less than 300
7.27 More than 300
Additional .27 hours for each additional year of completed service in excess of 25 years 56-hour workweek employee:
Months of Continuous Service
Hours Per Pay Period
Less than eighteen (18)
4.62 Eighteen (18) or more but less than ninety (90)
6.23 Ninety (90) or more but less than 180
8.31 180 or more but less than 300
10.9 More than 300
Additional .40 hours for each additional year of completed service in excess of 25 years Maximum Vacation Accrual. Employees who reach the maximum accrual limits set below shall cease accruing additional vacation hours until their accrued balance falls below the applicable cap.
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
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
Longevity Vacation Allowance
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 straight time rate of pay in effect on June 30, 2011.
Scheduling
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 Department’s members and divisions. The following provisions shall apply, as long as the 48/96 Shift Schedule remains in effect:
A minimum of four (4) shifts of accrued vacation leave must be scheduled per year. The four (4) shift minimum is not required to be scheduled contiguously.
Any accrued vacation leave that is not scheduled contiguous with the required four (4) shifts will be scheduled by mutual agreement of the employee and the Fire Chief.
Vacation Allowance for Separated Employees.
Employees separating from City service for any reason who have 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 hours shall be made at the employee’s current straight time rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation.
Vacation Sellback
During the month of December, employees may make an irrevocable election to cash out up to eighty (80) hours of vacation leave for the succeeding calendar year. Employees that cash out a portion of their vacation accrual will be paid at their straight time rate of pay on the first check in July of the following calendar year. Payments are subject to all applicable payroll taxes and withholding.
Sick Leave
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 for 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.
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:
Was hospitalized during the period for which sick leave is claimed, or 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.
CalPERS Service Credit for Unused Sick Leave. Employees hired on or before December 28, 2012, may be eligible to convert unused sick leave for California Public Employees’ Retirement System (CalPERS) service credit a retirement based on the CalPERS contract provisions applicable to their employment.
Other Leaves with Pay
Bereavement Leave. In the event of a death in the employee’s immediate family, the employee will be granted up to five (5) days of unpaid bereavement leave. The City provides paid bereavement leave for the first three (3) days. A “day” is the number of hours an employee is normally scheduled to work during each day. The employee may use any other paid leave for the remaining two (2) days of bereavement leave. For the purposes of this section, “immediate family” is restricted to the employee’s parents, spouse, registered domestic partner, parent-in-law, child, sibling, brother-in-law, sister-in-law, grandparent, and grandchild.
In the event of the death of a person that is not an immediate family member, the Fire Chief or designee may grant up to three (3) days of unpaid leave upon request, the employee must use accumulated sick leave or vacation leave.
Jury Duty Pay. Employees will be permitted an authorized absence 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:
Such absences from duty will be compensated for actual hours the employee serves on the jury, including necessary travel time. This includes the time from when the employee is ordered to appear until the time the employee is released from the court.
On-duty employees must return to work immediately upon release from court.
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, together with travel time, where such travel is to a location outside of San Joaquin County, is considered time worked.
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 payment, 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 approved will be charged to sick leave if verification is not received within three (3) days of the initial absence. The company officer should originate a "Supervisor's Report of Accident" form (Form 78).
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 Accessibility and Reporting. All employees of the department on leave for injury (job-related or non-job-related) shall be available at their homes or by 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 employees 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.
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.
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 personal 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.
Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter 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 the employee the right to return to a position in the same classification or equivalent 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 leaves of absence exercised by the Fire Chief under this section shall be subject to review by the City Manager, whose ruling shall be final.
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 determining 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.
Leave of Absence without Pay
Purpose and Length. Only employees occupying positions on a regular status basis are eligible for leaves of absence without pay under the provisions of this section.
An appointing authority may grant leaves of absence without pay for personal reasons up to a maximum of twelve (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 Human 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 has been used and shall be substantiated by a physician's statement.
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 or the Fire Chief’s representative to evaluate the request. Leaves of absence without pay may be canceled by the Fire Department at any time.
Absence Without Official Leave (AWOL)
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.
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.
SECTION 9. DAYS AND HOURS OF WORK
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, and Division of Training, whose hours shall be determined by the Fire Chief.
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.
Staffing
The City has management rights to determine staffing and the City will comply with applicable California Occupational Safety and Health Act (CalOSHA) laws.
SECTION 10. OVERTIME
Fair Labor Standards Act (FLSA) Agreement
“24-hour shift employees” means fire suppression employees assigned to a Section 7(k) exemption FLSA work schedule. “Day shift employees” means Fire Unit employees assigned to work a conventional 40-hour workweek, such as a Monday through Friday 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. 24-hour Shift Employees.
Employees currently assigned to a twenty-four (24) day work period will be paid overtime rate at the rate of time and one half (1.5) the employee’s regular rate of pay for hours worked in excess of their eight (8) regularly scheduled shifts within the twenty-four (24) day work period.
Premium FLSA Pay. Fire unit employees on a 7(k) exemption work schedule currently receive two point nine two (2.92) hours per pay period (26 pay periods) for Premium FLSA Pay to compensate for ten (10) hours of scheduled overtime between the FLSA maximum of one hundred and eighty-two (182) and one hundred and ninety-two (192) hours in a twenty-four (24) day work period.
For day shift employees, overtime shall be paid at the rate of time and one half (1.5) the employee’s regular rate of pay for hours worked in excess of forty (40) hours in a seven (7) day work period.
Hours worked includes all actual time worked, plus bereavement leave, jury duty leave, industrial illness or injury leave (4850), vacation and sick leave. Holiday hours taken and observed holidays where the City is closed are considered as time worked for employees in administrative assignments where holidays are observed.
Work Out of Classification. Employees assigned to work overtime in a higher classification than the classification they are permanently appointed will be paid overtime at the hourly rate attached to the 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.
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.
Rank-for Rank Overtime. Employees may work in a classification lower than the classification which they currently hold. Employees will receive their existing wage for their regularly assigned classification for all hours worked, including overtime.
Working Down in Rank
If no qualified employees within the affected rank/classification are available or willing to fill the vacancy, employees in a higher rank/classification may be assigned to fill the vacancy to minimize the use of mandatory overtime within the affected classification.
Mandatory Overtime
If no employees voluntarily accept the overtime assignment, the Department may utilize mandatory overtime within the affected rank/classification, consistent with the provisions of the MOU and Department Policy.
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.
Calculation of Pay While in Fire Academy. While enrolled in the Fire Academy, newly appointed firefighters shall have their pay calculated on a (forty) 40-hour workweek and overtime shall be paid in accordance with section 11.1(d) above (this will not include FLSA pay based on a (fifty-six) 56-hour workweek as a Paramedic add pay be due).
Compensatory Time Off
Definition. Compensatory Time Off (CTO) 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.
Compensatory Time for 40-hour personnel. No more than eighty (80) hours of CTO may be carried on the books at any time. Once eighty (80) hours of CTO is accrued on the books, all additional overtime hours worked during the work period will be paid at the employee’s regular rate of pay. If a 40-hour employee has CTO accrued when returning to a 56-hour work week they will be paid for time accrued. 40-hour employees are allowed to work on the line on weekday evenings and weekends, but compensation will be in pay. This cannot be accrued as CTO.
SECTION 11. HOLIDAYS
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) Memorial Day (Last Monday in May)
(6) Independence Day (July 4)
(7) Labor Day (First Monday in September)
(8) Indigenous Peoples’ Day (Second Monday in October)
(9) Veterans’ Day (November 11)
(10) Thanksgiving (Fourth Thursday in November)
(11) The day following Thanksgiving (Fourth Friday in November) (12) Christmas Day (December 25)
Except for employees in administrative assignments who observe holidays, employees receive the dollar value of the holidays listed above in lieu of observing holidays.
For positions that observe holidays, employees accrue floating holiday hours equivalent of two (2) workdays annually on the first full pay period to a maximum of two (2) workdays. Floating holidays must be utilized in full days increments. Upon separation unused floating holiday hours will be paid out at the employees current straight-time rate of pay.
For positions that observe holidays, to receive holiday pay the employee must be in a paid status the day before and the day after the holiday.
SECTION 12. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY Public Employee Retirement System Benefits for Unit Employees hired on or before December 28, 2012 The City shall continue providing bargaining unit employees hired on or before December 28, 2012 with the CalPERS 3% @ 50 local safety pension formula based on the single highest year.
Additional CalPERS Benefits.
The City shall continue providing the following optional pension benefits and enhancements: Sick Leave Conversion up to two thousand and eighty (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).
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 MOU.
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.
EPMC Payrate Conversion. The City will cease paying the nine 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 (12) month period prior to the effective date of retirement. Employees who wish to select this option, shall indicate this on the City’s EPMC Authorization form provided by Human Resources.
CalPERS 20516 Cost Sharing for the Employer’s Pick Up of the Employee’s Nine Percent (9%) CalPERS Contribution. Employees hired on or before December 28, 2012 agree to continue sharing the cost of the CalPERS 3%@50 local safety pension formula plan by contributing 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 pension on a pre-tax basis. If CalPERS 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 through 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 possible, 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.
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% @ 55 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 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.
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% @ 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 percent (50%) of the “normal” cost as determined by CalPERS on a pre-tax basis for the pension benefit and are not subject to the Government Code Section 20516 cost sharing provision in section 13.1 (e) above.
Education Incentive Pay
Employees who possessed an intermediate education certification on June 30, 2027, will receive three percent (3.0%) of the top step of their classification. Employees who possessed an advanced education certification on June 30, 2027, will receive five percent (5.0%) of the top step of their classification.
Employees who possess an Associate’s Degree or sixty (60) units from an accredited college will receive Education Pay in the amount of three percent (3.0%) of the top step of their classification.
Employees who possess a Bachelor’s Degree from an accredited college will receive Education Pay in the amount of five percent (5.0%) of the top step of their classification.
Employees can only receive one (1) category under this section for a maximum of five percent (5.0%) Education Pay under this section.
HAZ/MAT Assignment
The City shall pay five percent (5%) of the top step of the classification 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 on 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.
Emergency Medical Technician (EMT) Certification
It is the policy of the Stockton Fire Department that all sworn employees assigned to line fire suppression activities and working in the classification of Battalion Chief and below shall maintain a current San Joaquin County 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 activities. 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 or 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 certification 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 MOU grievance procedures.
Paramedic Pay
Employees who possess a valid paramedic certificate receive Paramedic Pay in the amount of twelve percent (12.0%) of the top step Engineer base rate of pay.
Uniform Allowance
Employees are required to wear a uniform and receive a uniform allowance in the amount of thirty-six dollars and fifty-four cents ($36.54) per pay period.
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.
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.
Call-Back Pay
Employees called back to work who physically return to work to assist with a multiple alarm fire or other emergency situation after they have worked a scheduled shift and have departed from the work site will receive a minimum of three (3) hours of call-back at one and one-half (1.5) times their regular rate of pay.
The above provision does 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.
Chief’s Operator Assignment Pay
Qualified Fire Engineers and Fire Captains assigned to serve as the Chief’s Operator will receive ten percent (10.0%) of the top step of their classification for all hours worked as the Chief’s Operator.
Administrative Positions
While assigned to the 40-hour administrative schedule (even if the employee is still on the 24-day FLSA work period) employees will be subject to an hourly pay conversion by multiplying the 56-hour base rate of pay by 1.4 to reach an equivalent pay amount. When the employee is assigned back to their suppression schedule (56-hour work week), their hourly pay will be converted back to the 56-hour rate.
Fire Staff Premium
Fire employees who are routinely and consistently assigned to administrative positions will receive Fire Staff Premium in the amount of fourteen percent (14.0%) of their base rate of pay for being assigned to administrative work during an administrative schedule that differs from fire suppression employees.
Longevity Pay
Employees who have completed five (5) years of paid service with the City receive longevity pay in the amount of two percent (2.0%) of their base rate of pay.
Employees who have completed ten (10) years of paid service with the City receive an additional two percent (2.0%) of their base rate of pay for a total of four percent (4.0%).
Employees who have completed fifteen (15) years of paid service with the City receive an additional two percent (2.0%) of their base rate of pay for a total of six percent (6.0%).
Employees who have completed twenty (20) years of paid service with the City receive an additional two percent (2.0%) of their base rate of pay for a total of eight percent (8.0%).
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 program will be based upon medical testing guidelines established by the International Association of Fire Fighters (IAFF) Joint-Labor Management Wellness Fitness Initiative.
Participation in the Wellness-Fitness Program is mandatory for the program’s testing, evaluations, and daily physical training requirements.
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.
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.
The Union and management will continue to collaborate on the Department’s Wellness-Fitness Program to enhance and maintain the wellness and fitness of members of the Department.
The City makes no representation as to whether any of the compensation or payments in this MOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this MOU is outside of the City’s control.
CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this MOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this MOU is outside of the City’s control.
Lapse of Certification
An employee receiving an add pay under section 13 of this MOU, 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.
SECTION 13. INSURANCE PLANS
Health Insurance Related Benefits
Choice of Health Plans. Employees 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 (2) or more dependents coverage. The City offers two (2) or more medical plans to regular status employees.
Eligibility. Employees are eligible for Medical, Dental, and Vision insurance on the first day of the month following date of hire. An eligible 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).
City Contribution Towards the Cost of Insurance Programs.
The City contributes the following:
Up to $936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
Effective January 1, 2027, the City contributes the following:
Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
Effective January 1, 2028, the City contributes the following:
Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
These contributions are based on 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, and dental to be pre-tax premium conversion.
Life Insurance
The City provides each employee group term life insurance coverage in the amount of fifty thousand dollars ($50,000.00). In addition, employees can purchase additional voluntary life insurance through their union or through the City’s IRS 125 vendor.
Long Term Disability Insurance
The City provides to each employee seventeen dollars ($17.00) per month in lieu of Long Term Disability Insurance.
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 bi-weekly 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 liability 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.
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 damages 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 Services (IRS) rules as they may be revised in the future. Should the IRS later determine that these contributions are no longer permissible on a pre-tax basis, the City shall cease deducting such amounts from the employees compensation.
Participation in the Trust shall be the complete and sole responsibility of the union. The City shall 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.
SECTION 14. SALARY PLAN
Salary Ranges
The salary ranges for all classifications are set forth in the City’s Salary Schedule.
The Firefighter Salary Schedule consists of nine (9) steps with five percent (5.0%) between steps 1 through 6, and seven and a half percent (7.5%) between steps 7 through 9.
The Firefighter Engineers and Fire Captains Salary Schedule consists of nine (9) steps with five percent (5.0%) between steps 1 through 6, and two and a half percent (2.5%) between steps 7 through 9.
Salary Upon Appointment
Except as herein otherwise provided, the entrance salary 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.
Salary Step Plan-Sworn Classifications
The first step is the minimum rate and is the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first step after receiving the recommendation of the department head.
Firefighter – Step 2 is obtained after completion of the Fire Academy, Steps 3 through 7 are obtained after completion of six (6) months in the previous step, Steps 8 through 9 are obtained after completion of one (1) year in the previous step.
Firefighter Engineer – Steps 2 through 7 are obtained after completion of six (6) months in the previous step, Steps 8 through 9 are obtained after completion of one (1) year in the previous step.
Fire Captain – Steps 2 through 7 are obtained after completion of six (6) months in the previous step, Steps 8 through 9 are obtained after completion of one (1) year in the previous step.
If a department head recommends to withhold increases to salary steps because an employee has not achieved the level of performance required, notice must be received by the City Manager at least 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.
Salary step increases will be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.
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.
Salary Step After Promotion or Demotion
When an employee is promoted from a position in one classification to a position in a higher classification and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher classification, that employee shall be entitled to a step in the salary range of the higher classification which is at least five percent (5%) above the current base pay salary on the salary schedule 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 classification. 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 classification to which demoted.
Salary Adjustments
Effective the first full pay period following City Council adoption of this Agreement, but no sooner than June 28, 2026, all classifications will receive a two percent (2.0%) Cost of Living Adjustment (COLA) increase to base pay.
Effective June 27, 2027, all classifications will receive a two percent (2.0%) Cost of Living Adjustment (COLA) increase to base pay.
Market Adjustments
Effective the first full pay period following City Council adoption of this Agreement, but no sooner than June 28, 2026, all classifications will receive a four percent (4.0%) Market Adjustment increase to base pay.
SECTION 15. SEPARABILITY OF PROVISIONS
In the event that any provisions of this MOU are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.
SECTION 16. 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 MOU.
This MOU supersedes all existing Memoranda of Understanding and side letters between the City and the Union.
SECTION 17. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this MOU 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 the meeting and conferring process.
SECTION 18. DURATION OF AGREEMENT
All provisions of this MOU are effective as of the date of execution unless otherwise indicated, and will remain in full force and effect up to and including June 30, 2028.
SECTION 19. MAINTENANCE OF OPERATIONS
It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. The Union and each employee represented thereby agrees during the term of this MOU, 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 strike, unfair labor practice strike, or sympathy strike, 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 faithful 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.
The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this MOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties.
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 department, 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.
APPENDIX B: Administrative Stipend
Captains Steve Guerrero, Jeff Whitlock, Patrick McKeegan, and Micah Mori will receive an admin stipend of $90.00 per pay period. Effective July 1, 2027, this pay will be reduced to $60.00 per pay period. Effective July 1, 2028, this pay will be reduced to $30.00 per pay period. This provision will be eliminated on June 30, 2029.
APPENDIX C: Rates of Pay
Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary schedule for their classification.
Straight Time Rate of Pay: The employees’ Straight Time Rate of Pay includes the employee’s base rate of pay plus all percentage’ based add pays.
Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
IN WITNESS WHEREOF this MOU was ratified by a membership vote of the Union on the ______ day of_________, 2026 and by an affirmative vote of the Stockton City Council on _______________. The parties hereto have executed this Memorandum of Understanding this _______day of ___________, 2026.
STOCKTON PROFESSIONAL
FIRE FIGHTERS’ LOCAL UNION 456,
International Association of Fire Fighters City of Stockton ___________________________________ _______________________________
DEVIN ROBSON JOHNNY FORD President City Manager
___________________________________ _______________________________ MICAH MORI ALECIA FIGIEROA
Fire Unit Representative Acting Director of Human Resources Approved as to form: Approved as to form:
RAINS LUCIA STERN, PC
By: By:
________________________________ _______________________________ TIMOTHY TALBOT MARCI ARREDONDO
Attorney for the Union City Attorney
By:
_______________________________
MICHAEL JARVIS
Negotiator for the City
ATTEST:
_______________________________
KATHERINE ROLAND
City Clerk
2 CITY OF STOCKTON 2
CITY OF STOCKTON 2
CITY OF STOCKTON 2
EXHIBIT 1
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2026 – JUNE 30, 2028
EXHIBIT 1
FIRE UNIT SUCCESSOR MOU
TERM: JULY 1, 2026 – JUNE 30, 2028