Agenda packet — Tulare City Council, September 19, 2023 (part 2 of 3)

submitting the bid or proposal has the requisite qualifications, fitness, capacity, trustworthiness and integrity needed to perform the contract.

5.62.020 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A. Affiliates: Persons are “affiliates” if:

1. One person directly or indirectly controls or has the power to control or influence the decision making of the other;

2. A third person controls or has the power to control or influence the decision making of both; or

3. The person(s) has the same or overlapping management, ownership or one or more of the same principals as the other person.

Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment or common use of employees.

B. City Manager: The phrase “City Manager” means the City Manager of the City or his or her designee.

C. Contract: The term “contract” shall include, but not be limited to, city contracts, leases, licenses, agreements, purchase orders or lease-purchase agreements for the acquisition of:

1. Supplies, materials or equipment;

2. Professional or nonprofessional services;

3. Public works or construction projects;

4. Insurance policies or bonds provided in connection with a public works or construction project, a city-sponsored activity or event or a privately-sponsored activity or event at a city-owned, operated or controlled facility; and

5. Other goods and services.

D. Disqualification: The term “disqualification” means the action taken pursuant to this chapter or by another local, state or federal agency, to disqualify, suspend, prohibit, debar or render a person ineligible to bid upon, solicit, be awarded or perform public contracts or any portion thereof.

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E. Hearing Officer: The phrase “Hearing Officer” shall mean the person appointed by the City Manager to administer the disqualification procedures set forth in this chapter.

The Hearing Officer need only be a neutral third party and may, but is not required to be, a professional mediator/arbitrator.

F. As used in the Charter of the City of Tulare, “Lowest responsible bidder” means the lowest bidder, not disqualified, whose offer best responds in quality, fitness and capacity to the requirements of the proposed work or usage, as specified. In determining the lowest responsible bidder, the following shall be considered, in addition to price:
• The quality of supplies offered;
• The ability, capacity and skill of the bidder to perform the contract or to provide the supplies or services required;
• Whether the bidder can perform the contract or provide the supplies or services promptly, or within the time specified, without delay or interference; • The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or to provide the supplies or service; • The character, integrity, reputation, judgment, experience and efficiency of the bidder;
• The quality of the bidder's performance on previous orders or contracts for the city;
• Litigation by the bidder on previous orders or contacts with the city; • Previous and existing compliance by the bidder with local laws and ordinances relating to the subject of the purchase or contact; • The ability of the bidder to provide future maintenance and service where such maintenance and service is essential.

G. Person: The term “person” means any person, individual, group, association, firm, corporation, partnership, joint venture company, sole proprietorship, or other entity.

H. Predecessor-in-Interest: The phrase “predecessor-in-interest” means a person whose rights, property or assets and/or debts or obligations are acquired or assumed by another person.

I. Principal: The term “principal” means any officer, director, owner, partner, joint venturer, shareholder, responsible managing officer, responsible managing employee or person with primary management or supervisory responsibilities, including any person who has a substantial influence or substantive control over performance of a contract.

J. Public Contract: The phrase “public contract” means any contract, lease, license, agreement, purchase order or lease-purchase agreement that is awarded or entered into by any federal, state or local agency, including the city, or any insurance policy or bond provided in connection with a government public works or construction project, government-sponsored activity or event or privately-sponsored activity or event at a government-owned, operated or controlled facility.

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K. Successor-in-Interest: The term “successor-in-interest” means a person who acquires the rights, property or assets and/or assumes the debts or obligations of another person.

5.62.030 Disqualification: effect.

Notwithstanding any other provision of this code:

A. The Hearing Officer may disqualify or prohibit any person, or any principal, affiliate or successor-in-interest thereof, from bidding upon, soliciting, or being awarded any contract with the city or from being a subcontractor, supplier, insurer or surety at any tier upon such contract, in accordance with the procedures established by this chapter.

B. During the time period that a disqualification pursuant to this chapter is in effect for any person, the city shall not accept bids or proposals from, contract with or allow performance of all or any portion of a city contract including, but not limited to, subcontracts, supply contracts, insurance or surety agreements, by any person who has been disqualified in accordance with this chapter.

C. During the time period that a disqualification of any person by a local, state or federal agency is in effect, the city shall not accept bids, solicitations or proposals from, contract with or allow performance of subcontracts, material or supply contracts, insurance or surety agreements, by such person, whether or not such person has been disqualified by the city pursuant to this chapter.

5.62.040 Notice.

Whenever notice is required to be given under this chapter, it shall be deemed effective on the day such notice is either personally delivered or deposited in the United States Mail, first class postage prepaid and addressed to the last known address of the person to be notified.

5.62.050 Grounds for disqualification.

Disqualification may be imposed on a person by the Hearing Officer in accordance with the procedures established by this chapter on one or more of the following grounds:

A. Commission by such person of any act of:

1. Fraud, bribery, collusion or conspiracy;

2. Bid rigging, price fixing or any other act in violation of any local, state or federal law in connection with the bidding upon, solicitation, award or performance of any public contract; or

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3. Embezzlement, theft, forgery, falsification or fabrication of records, moral turpitude or perjury.

B. Commission of any act indicating a lack of integrity or honesty.

C. Submission of a bid, proposal, insurance policy, bond, guarantee or other document that is known, or should be known, by such person to be false, misleading or nonmeritorious or to contain false information, or is determined to be a deliberate attempt to circumvent the intent of this Chapter.

D. Submission of any false, misleading or nonmeritorious claim, demand or lawsuit against any private party or public agency, including the city.

E. Pending litigation between the person and the city, which could impact the ability of the parties to work cooperatively with each other.

F. Breach of the terms of a public contract by a willful or material failure to perform in accordance with the terms thereof.

G. Violation of a local, state or federal law or regulation applicable to a public contract.

H. Current or past suspension or disqualification from award or performance of a public contract by any local, state or federal agency.

I. Knowingly doing business with a disqualified third person in performance of any public contract awarded after disqualification of said third person.

J. Substandard performance on any public contract, including, without limitation:

1. A material breach thereof;

2. A demonstrated consistent failure to adhere to contractual terms, procedures, or performance requirements, but which may not rise to the level of a material breach;

3. A failure to complete work required thereunder in a timely manner or within the contract price when such failure is attributable to the negligent or wrongful actions or inactions of such person or such person’s subcontractors or suppliers;

4. Substandard quality of work; or

5. Any negligent or wrongful failure to cooperate with the contracting agency during performance of the public contract.

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K. One or more violation during the performance of any public contract of any labor or safety statutes, regulations or standards including, without limitation, applicable local, state or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, nondiscrimination requirements or other local, state or federal laws.

L. Failure to have or maintain in good standing all necessary licenses, permits or other approvals required to transact business within the State of California.

M. One or more violation of any law or regulation governing the handling, transfer, storage or disposal of hazardous materials or hazardous wastes.

N. One or more violation of any law or regulation governing the handling, transfer, storage or disposal of solid waste generated during the performance of such public contract.

O. A violation of any law or regulation governing conflicts of interest.

P. Evidence that the person lacks financial responsibility, such as unpaid debts, unfulfilled insurance or bond obligations or other evidence of financial instability or irresponsibility.

Q. Any other ground that the Hearing Officer determines that would impair the ability of the person to perform a public contract or any part thereof.

5.62.060 Existence of grounds.

A. Existence of grounds for disqualification as described in this chapter may be determined to exist by the Hearing Officer by a preponderance of the evidence if, not more than ten years prior to the date that a written notice of proposed disqualification is provided to such person pursuant to this chapter:

1. Such person has been convicted of a criminal charge for any act or omission described in this chapter, whether entered by a verdict or a plea including a plea of no contest;

2. A civil judgment has been entered against such person for any act or omission described in this chapter;

3. A penalty or sanction including, without limitation, monetary penalties, imprisonment and other sanctions, such as disqualification, has been imposed on such person by a federal, state or local agency for any act or omission described in this chapter; or

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4. Such person has committed one or more acts or omissions described in this chapter, based on a preponderance of evidence in the record of facts and information presented to the Hearing Officer.

B. An act or omission described in this chapter may be imputed to a person who is the subject of a proposed disqualification when such act or omission is committed for or on behalf of such person, and such person had actual or constructive knowledge of such act or omission.

C. In determining whether to disqualify a person and the duration of such disqualification, the Hearing Officer may consider, in addition to any other relevant factors, one or more of the following:

1. The degree to which the person cooperated with local, state or federal authorities in any criminal proceeding forming the basis for disqualification;

2. The degree to which the person provided restitution for any damages or injury occasioned by the person’s acts or omissions;

3. Whether the person had in place adequate and effective standards of conduct and internal control systems at the time of such acts or omissions;

4. Whether the person provided timely notice of such acts or omissions to the appropriate government agency or agencies;

5. Whether the person fully investigated the circumstances surrounding such acts or omissions and promptly provided the city with the result of the investigation;

6. Whether the person took appropriate remedial or disciplinary action against the individuals responsible for such acts or omissions;

7. Whether the person implemented or agreed to implement remedial measures to prevent a recurrence of such acts or omissions including, without limitation, new or revised internal control procedures and other measures recommended, identified or prescribed by any government agency; and

8. Whether the person had adequate time to eliminate or mitigate the circumstances or factors leading to or causing such acts or omissions.

D. The City shall have the initial burden of proof to establish the grounds for disqualification.

5.62.070 Scope of disqualification.

A. Disqualification of a person under this chapter constitutes disqualification of that person from submitting bids or proposals to the city for the purpose of entering into or in

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any manner participating in any city contract, or any part thereof, and shall apply to all individuals, divisions, subsidiaries, affiliates and parent corporations of that person unless the decision to qualify is limited by its terms to one or more specifically identified individuals, divisions, subsidiaries, affiliates, parents or other organizational elements.

B. The disqualification of a person shall apply to any existing affiliate of the person where the affiliate is specifically named and given notice of the proposed disqualification and an opportunity to respond. The disqualification shall also apply to any successor-ininterest or any affiliate of the disqualified person formed during or after the disqualification proceedings.

C. Disqualification of any person shall apply to any business entity, whether or not such business entity was in existence at the time of such disqualification, for which the disqualified person acts as a principal during the disqualification period.

D. The Hearing Officer shall determine the length and scope of the disqualification.

The scope of the disqualification may include disqualification as to certain work, as to general or subcontracting, or any other limitation.

5.62.080 Period of disqualification.

The disqualification period shall be commensurate with the severity of the person’s acts of omissions, as determined by the Hearing Officer. However, disqualification may include a lifetime disqualification of any person or entity, including, but not limited to, their subsidiary, affiliate, officer, shareholder, or other agent.

5.62.090 Disqualification procedures.

A. Prior to disqualifying any person under this chapter, the Hearing Officer shall mail or deliver by personal service a written notice of the proposed disqualification to the person proposed to be disqualified, hereinafter referred to as “respondent.” Such notice shall contain the following:

1. Notice that a disqualification is being considered;

2. The grounds for the proposed disqualification, in terms sufficient to put the respondent on notice of the conduct or action(s) upon which it is based;

3. The intended period of the disqualification;

4. A summary of the disqualification procedures set forth is this chapter; and

5. The name and address of the Hearing Officer to which the respondent may submit a written request for a hearing on the proposed disqualification.

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B. Within fifteen days after personal service or mailing of the notice of the proposed disqualification, the respondent or the respondent’s representative may submit a written request for a hearing on the proposed disqualification. Such written request shall specify the name and address of the person to which all subsequent notices and communications should be mailed. Failure of the respondent or respondent’s representative to submit a written request for a hearing within the time provided by this subsection, or failure of respondent or respondent’s representative to appear at the requested hearing, shall be deemed to be a waiver by respondent of respondent’s right to request a hearing on the proposed disqualification and the Hearing Officer’s decision shall be final.

C. If the respondent requests a hearing in accordance with subsection B of this section, the Hearing Officer shall schedule a hearing at which the respondent or the respondent’s representative shall have an opportunity to provide relevant information and argument, including the presentation and questioning of witnesses, to the Hearing Officer. The Hearing Officer shall provide the respondent with written notice of the time, date, and location of such hearing, which shall be held no sooner than five (5) days from the date of such notice.

D. The formal rules of evidence shall not apply during the hearing. The Hearing Officer may admit into evidence all relevant evidence, including the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.

E. The proceedings at the hearing may be tape-recorded if ordered by the Hearing Officer or requested by the respondent. A stenographer shall also transcribe the proceedings if ordered by the Hearing Officer or requested by the respondent, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to the respondent upon request and upon payment of the cost of preparation thereof.

F. Following the hearing, the Hearing Officer shall render a decision on the proposed disqualification. The decision shall be in writing and shall specify the reasons therefor. If the Hearing Officer upholds the disqualification, the notice of decision shall specify the length of the disqualification period and notify the respondent of his or her right to appeal the decision pursuant to subsection G, below.

G. The respondent shall have ten days from the date of the Hearing Officer’s decision to appeal the decision to the City Manager. The appeal shall be in writing and shall be received by the City Manager by the close of business not later than the tenth day following the date of the Hearing Officer’s decision except that, if such date falls on a Saturday, Sunday or city holiday, the appeal period shall be extended to the close of business on the next regular business day.

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5.62.100 Appeal to the City Manager.

A. Upon the timely receipt of an appeal, the Hearing Officer’s decision shall be abated and the City Manager shall schedule a time at which the respondent or the respondent’s representative shall meet with the City Manager to explain why the Hearing Officer’s decision should be set aside or modified.

B. Evidence or testimony not previously presented to the Hearing Officer shall not be permitted at the meeting unless the City Manager determines, in his or her sole discretion, that the interest of justice requires the consideration of such new evidence or testimony.

C. If ordered by the City Manager, the proceedings may be tape-recorded or transcribed in the manner described in the prior section.

D. At the conclusion of the meeting, the City Manager shall render a decision to uphold, modify, or set aside the Hearing Officer’s decision and shall provide written notice of the decision to the respondent or the respondent’s representative. If the City Manager determines to uphold the Hearing Officer’s decision to disqualify the respondent, the disqualification period shall commence from the date of the City Manager’s decision.

E. The City Manager’s decision shall be final, except a review as provided in the following Section. Any appeal of the City Manager’s decision shall be made to the Superior Court within ten days from the date of the City Manager’s decision.

5.62.110 Review of decision.

A. The City Manager or Hearing Officer’s decision to disqualify a person as provided herein may be modified or vacated by the City Manager or Hearing Officer, as the case may be, if, in his or her sole judgment, good cause exists for such modification or vacation. Good cause for review may be based on one or more of the following reasons:

1. Newly-discovered, material evidence not previously available to the parties.

2. Final, judicial reversal of a conviction or civil judgment upon which the disqualification was based.

3. A bona fide change in ownership or management of the respondent’s business.

4. Elimination of the grounds upon which the disqualification was based.

B. The respondent shall have no right of review by the City Manager or Hearing Officer. Such review shall be at the City Manager or Hearing Officer’s sole discretion.

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C. A request for review shall be submitted by the respondent or the respondent’s representative in writing and shall be accompanied by competence evidence in support thereof. Upon receipt of the request, the City Manager or Hearing Officer, as the case may be, shall respond within a reasonable period of time as to whether the decision will be reviewed. The City Manager or Hearing Officer’s denial of such request shall be nonappealable and not subject to judicial review.

D. If the City Manager or Hearing Officer agrees to review the decision, he or she shall render a written decision within a reasonable time thereafter. The decision shall be final and delivered to the respondent or respondent’s representative.

5.62.120 Requirement to submit information.

The city may require any person submitting a bid or proposal on a city contract to submit the following as part of such bid or proposal:

A. A statement under penalty of perjury, that neither such person, including any principal, affiliate or predecessor-in-interest of such person, nor any subcontractor, supplier or surety engaged or to be engaged by the person:

1. Is currently disqualified or has been disqualified at any time during the preceding ten years, from submitting a bid or proposal on a contract by any federal, state or local agency.

2. Has, at any time during the preceding ten years, been convicted of any offense, been subject to a civil judgment or been subject to a penalty or sanction by any federal, state or local agency for any act or omission described in this chapter.

B. Any other information or documentation deemed necessary to determine the person’s eligibility to submit a bid or proposal on a city contract.

5.62.130 Doing business with a disqualified person.

In performance of any city contract, no person having actual or constructive knowledge shall utilize the services of any person who is currently disqualified pursuant to this chapter. No person having actual or constructive knowledge shall use or list, in any bid or proposal for a city contract, any subcontractor, supplier, insurer or surety who is currently disqualified pursuant to this chapter. Violation of this section may result in rejection of the bid or proposal, nonpayment by the city for work performed by such person, annulment of award or termination of an award of contract, issuance of a stop work order, disqualification from submitting future bids or proposals on city contracts, or any other remedy provided by law.

A person who uses or lists a disqualified subcontractor, supplier, insurer or surety without having actual or constructive knowledge of such disqualification shall be allowed

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to substitute the disqualified subcontractor, supplier, insurer or surety in accordance with State law or, if not applicable, the provisions of the contract governing contract changes.

5.62.140 Existing contracts.

A. The city shall not renew or extend the term of any contract(s) with any person who is disqualified in accordance with this chapter, or who utilizes the services of any supplier, subcontractor, insurer or surety who is disqualified in accordance with this chapter, unless the City Manager determines that such renewal or extensions is in the best interest of the city.

B. Notwithstanding the disqualification of any person, the city may, at its sole option, elect to continue a contract in existence at the time the person is disqualified, unless the City Manager determines that termination of such contract is in the best interest of the city.

5.62.150 List of disqualified persons.

A. The City Manager shall maintain a list of all persons who are currently disqualified by the city pursuant to this chapter and the effective dates of such disqualification. Such list shall not include a person disqualified by another local agency or the state or federal government unless the person has been disqualified by the city under this chapter.

Such list shall be filed with the City Clerk, who shall make the list available for public inspection and copying during regular business hours and in accordance with the California Public Records Act.

B. Such list shall be deemed to be constructive notice as to the persons who have been disqualified from submitting bids or proposals on city contracts or who are ineligible to participate in such contracts.

SECTION 2. The City Council hereby finds that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that the adoption of the ordinance is not a project that may have a significant effect on the environment.

SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

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SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the 19th day of September 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

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Staff Report
Meeting: City Council
Date: September 19, 2023
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director Agenda Title: August 2023 Investments Report

RECOMMENDED ACTION
Accept the monthly investments report for August 2023.

SUMMARY
The investments report for August 2023 is submitted for Council review and acceptance.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. August 2023 Investments Report
Reviewed/Approved:

Item #: 10.4
Consent

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Staff Report
Meeting: City Council
Date: September 19, 2023
Department: City Attorney
Submitted by: City Attorney Mario U. Zamora
Agenda Title: Fire Department Memoranda of Understanding

RECOMMENDED ACTION
Approve the enclosed MOUs for Division Chief Group, Non-Management Bargaining Group and Management Bargaining Group.

SUMMARY
The City has been in negotiations with the three groups for the Fire Department. Below is a summary of the major changes in the MOUs:

1. Salary:

Division Chiefs (1 year term) - 4% for FY2023-2024
Management (2 year term) - 9% for FY2023-2024 and 9% for FY2024-2025 Non-management (2 year term) - 10% for FY2023-2024 and 11% for FY2024-2025

2. 2 hours of straight time to members of the Investigations Unit for every day on stand-by when off duty and not called in to investigation an incident.

3. 5% specialty pay for those members who are assigned to the Investigations Unit at the discretion of and approval from the Fire Chief.

4. 5% specialty pay for those members who maintain their paramedic certification at the discretion of and approval from the Fire Chief.

5. A future worker’s compensation carve out program to be discussed at a later date by the parties.

6. Various other operational changes as suggested by the Fire Chief.

FISCAL IMPACT & FUNDING SOURCE(S)
Estimated fiscal impact for Management and Non-Management is $900,000 this FY.

Estimated fiscal impact for Division Chiefs is $77,000 this FY.

The source of both is the General Fund.

LEGAL REVIEW
The City Attorney has reviewed and drafted the enclosed MOUs.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 10.5
Consent

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ATTACHMENTS

1. MOU between the City of Tulare and the Tulare Fire Chief Officer Group (clean version)

2. MOU between the City of Tulare and the Tulare Fire Chief Officer Group (redline version)

3. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Management Bargaining Group (Fire Captains) (clean version)

4. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Management Bargaining Group (Fire Captains) (redline version)

5. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Non‐Management Bargaining Group (clean version)

6. MOU between the City of Tulare and the Tulare City Professional Fire Fighters Association Non‐Management Bargaining Group (redline version)
Reviewed/Approved:

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MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare Fire Chief Officer Group
Effective Date: July 1, 2023 through June 30, 2024
Approved by Council:

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MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2024

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE
AND

THE TULARE FIRE CHIEF OFFICER GROUP
I. RECOGNITION ................................................................................................................. 1 II. PURPOSE ........................................................................................................................... 1 III. NON-DISCRIMINATION ................................................................................................. 1 IV. MAINTENANCE OFBENEFITS ...................................................................................... 1 V. CITY AUTHORITY ........................................................................................................... 1 VI. EMPLOYEE RIGHT TO REPRESENTATION ................................................................ 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEEINFORMATION .................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ..................................................................... 2 X. SALARY............................................................................................................................. 2 XI. SEVERABILITY ................................................................................................................ 2 XII. FURTHER NEGOTIATION .............................................................................................. 2 XIII. PROVISION REGARDING AMERICANS WITH DISABILITIESACT ........................ 3 XIV. TERM ................................................................................................................................. 3 XV. COMPENSATION AND HOURS ..................................................................................... 3 A. APPLICATION OF SALARY RANGES AND RATES ............................................. 3

1. Promotion ................................................................................................................ 3

2. Differential .............................................................................................................. 3 B. STANDARD WORK PERIODS .................................................................................. 4

1. Fire Department Non-Shift personnel or staff positions ......................................... 4 C. EXCEPTIONS TO STANDARD WORKPERIODS ................................................... 4 D. COMPUTATION OF SALARY ................................................................................... 4 E. OVERTIME POLICY: DEFINITION .......................................................................... 4 F. OVERTIME COMPENSATION: ................................................................................. 4

1. General Provisions .................................................................................................. 4 G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE .................... 5 H. OVERTIME CONDITIONS: LOCAL PERIL ORDISASTER ................................... 5 I. DEDUCTIONS ............................................................................................................. 5 J. PAID HOLIDAYS ........................................................................................................ 5

2. Fire Shift Personnel................................................................................................. 6

3. Paid Days in Lieu of Holidays at Termination ....................................................... 6 K. COMPENSATION FOR WORK ON PAIDHOLIDAYS ........................................... 6 L. COMPENSATION DURING ATTENDANCE OF A TRAININGCOURSE
DURING VACATION, HOLIDAYS, DAY OFF ........................................................ 7

1. Holidays .................................................................................................................. 7

2. Vacations................................................................................................................. 7

3. Days Off or Off Duty Shifts .................................................................................... 7 M. MANAGEMENT LEAVE ............................................................................................ 7

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N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM ............................ 7 O. SICK LEAVE COMPENSATION ............................................................................... 8

1. Upon Retirement ..................................................................................................... 8 P. COMPENSATION FOR FRACTIONS OF HOURSWORKED................................. 9 Q. RETIREMENT COMPENSATION ............................................................................. 9

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENTSYSTEM ..... 10

2. PERS SURVIVOR BENEFIT .............................................................................. 10 R. BILINGUAL PAY ...................................................................................................... 10 S. DEFERRED COMPENSATION ................................................................................ 10 T. UNIFORM ALLOWANCE ........................................................................................ 10

1. Regular Employees of the Fire Department.......................................................... 10

2. Additional Uniforms and Uniform Allowance Procedures ................................... 10 U. MINIMUM STAFFING ............................................................................................. 11 XVI. ANNUAL VACATION LEAVE ...................................................................................... 11 A. PURPOSE OF ANNUAL VACATION LEAVE ....................................................... 11 B. ELIGIBILITY FOR ANNUAL VACATIONLEAVE ............................................... 12

1. Regular, Regular Part Time, Probationary and Temporary Employees: .............. 12 C. ACCRUAL OF ANNUAL VACATIONLEAVE ...................................................... 12

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel............... 12 D. ACCUMULATION OF ANNUAL VACATIONLEAVE ......................................... 12

1. Fire Management .................................................................................................. 12 E. SCHEDULING OF VACATION LEAVE ................................................................. 12 F. WORKING DURING ANNUAL VACATIONLEAVE ........................................... 12 G. HOLIDAYS WITHIN VACATIONLEAVE ............................................................. 13 H. ILLNESS WITHIN VACATION LEAVE ................................................................. 13 I. PAYMENT OF ANNUAL LEAVE UPONTERMINATION ................................... 13 J. EFFECT OF EXTENDED MILITARY LEAVE ....................................................... 13 XVII. SICK LEAVE ................................................................................................................... 13 A. STATEMENT OF POLICY ....................................................................................... 13 B. ELIGIBILITY FOR SICK LEAVE ............................................................................ 13

1. Regular, Regular Part Time, Probationary and Temporary Employees ................ 13 C. ACCRUAL OF SICK LEAVE ................................................................................... 13

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ......................... 13

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ................. 13 D. ACCUMULATION OF SICK LEAVE ...................................................................... 14

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel ........... 14 E. HOLIDAYS WITHIN SICK LEAVE ......................................................................... 14 F. USAGE OF SICK LEAVE ......................................................................................... 14 G. DEDUCTION OF SICK LEAVE ............................................................................... 14 H. VERIFICATION OF SICK LEAVEUSAGE ............................................................ 14 I. SICK LEAVE COMPENSATION UPONTERMINATION ..................................... 14 J. SICK LEAVE COMPENSATION UPONRETIREMENT ....................................... 14 K. WORKERS COMPENSATION ................................................................................. 15

1. Fire Department Personnel ................................................................................... 15 L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION BENEFITS .................................................................................................................. 15

10.5 Consent Page 5
iii
M. EMPLOYEEREHABILITATION ............................................................................. 16 XVIII. OTHER LEAVES OF ABSENCE .................................................................................... 16 A. LEAVE OF ABSENCE WITHOUT PAY .................................................................. 16

1. Approval of Department Head .............................................................................. 16

2. Approval of City Manager .................................................................................... 16 B. ABSENCE WITHOUT LEAVE ................................................................................. 16 C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATEFAMILY ............ 16 D. MATERNITY ............................................................................................................. 16 E. EMPLOYEE'S TIME OFF TO VOTE ....................................................................... 17 F. JURY DUTY: LEAVE OF ABSENCE ...................................................................... 17 G. SUBPOENAS: LEAVE OF ABSENCE ..................................................................... 17 H. LEAVE FOR ATTENDANCE AT INDUSTRIALACCIDENT COMMISSION HEARING OR RELATED PHYSICALEXAMINATIONS ..................................... 17 I. BEREAVEMENT LEAVE ......................................................................................... 17 J. EDUCATIONAL LEAVE .......................................................................................... 18 XIX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 18 XX. DISCIPLINARY PROCEEDINGS................................................................................... 18 A. DISCIPLINARY ACTION:DEFINITION ................................................................ 18 B. CAUSES FOR DISCIPLINARY ACTION ................................................................ 18 C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BETAKEN ................... 19 D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION ........... 19 E. IMPOSITION OF DISCIPLINARYACTION ........................................................... 20 F. EXTRAORDINARY CIRCUMSTANCES ................................................................ 20 G. RIGHT OF APPEAL .................................................................................................. 20 H. RIGHT OF APPEAL: HEARING .............................................................................. 20 I. RIGHT OF APPEAL:REPRESENTATION ............................................................. 20 J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR ............................ 20 K. RIGHT OF APPEAL: DECISION ............................................................................. 20 L. EFFECT OF DISCIPLINARY ACTIONS ................................................................. 21

1. Oral Reprimand ..................................................................................................... 21

2. Written Reprimand ................................................................................................ 21

3. Disciplinary Probation .......................................................................................... 21

4. Suspension ............................................................................................................ 21

5. Salary Reduction ................................................................................................... 21

6. Discharge .............................................................................................................. 21 M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARYACTION AGAINST MUNICIPAL EMPLOYEES ................................................................... 21 N. INFORMAL COUNSELING WITH THE CITY MANAGER ................................. 22 O. NON-APPLICABILITY ............................................................................................. 22 XXI. MISCELLANEOUS ......................................................................................................... 22 A. REPORTS OF CHANGE OF STATUS ..................................................................... 22 B. DAMAGE CLAIMS ................................................................................................... 22 C. GRATUITIES ............................................................................................................. 22 D. OUTSIDE EMPLOYMENT ....................................................................................... 22 E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITYBUSINESS ..................................................................................................................................... 22

10.5 Consent Page 6
iv
F. CONFLICT OF INTEREST ....................................................................................... 22 G. DAMAGED EQUIPMENT REVIEWCOMMITTEE ............................................... 23

1. Fire Department .................................................................................................... 23 H. PERSONNEL FILES .................................................................................................. 23 I. POSITION RECLASSIFICATION ............................................................................ 23

1. Position Reclassification ....................................................................................... 23

2. Classification Analysis.......................................................................................... 23

3. Appeals ................................................................................................................. 23 J. EMPLOYEE ASSISTANCE PROGRAMPOLICY .................................................. 23 K. FLEXIBLE BENEFITS PROGRAM.......................................................................... 24 L. VEHICLE USE POLICY ............................................................................................ 24 M. WELLNESS PROGRAM ........................................................................................... 24 N. STATION ASSIGNMENT POLICY.......................................................................... 24 XXII. INSURANCE .................................................................................................................... 25 A. HEALTH, DENTAL, AND VISION .......................................................................... 25 B. INSURANCE - LIFE .................................................................................................. 26 C. INSURANCE – DISABILITY ................................................................................... 26 Side Letter #1 Regarding Additional Discussion & Study of Compensation Study .................... 28

10.5 Consent Page 7
1 I. RECOGNITION
The City acknowledges the Tulare Fire Chief Officer Group as the recognized employee organization representing the sworn Chief Officers in the Tulare Fire Department excluding the Fire Chief.

II. PURPOSE
It is the purpose of this Memorandum of Understanding, entered into pursuant to the Meyers-Milias-Brown Act of the California Government Code, Sections 3500 through 3510, to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein, to provide for an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum and to set forth the understandings of the parties reached as a result of good faith bargaining.

The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the City of Tulare and the Tulare Fire Chief Officers, upon ratification of the Tulare City Council.

III. NON-DISCRIMINATION
The City agrees to act pursuant to section 3502 of the Government Code relative to employee rights to representation. No employee shall be intimidated, coerced, restrained or unlawfully discriminated against because of the exercise of these rights. The provisions of the Memorandum shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, age, sex, national origin, political or religious affiliation.

IV. MAINTENANCE OFBENEFITS
The City and the Tulare City Professional Fire Fighters Association Chief Officers agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the Tulare Fire Chief Officer Group within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

V. CITY AUTHORITY
The City shall retain all legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include, among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel of which governmental; operations are to be concluded; take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code Section 1962. The Group and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during

10.5 Consent Page 8
2 the term of this Agreement.

VI. EMPLOYEE RIGHT TOREPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

VII. AVAILABILITY OF RULES AND REGULATIONS
It shall continue to be the policy of the City to provide at least one current copy of Resolution No. 2537 (Rules and Regulations for the Administration of the City of Tulare Merit Personnel System) at each departmental or divisional office. A copy of said document shall be available and may be loaned to any employee who so requests. At these same locations, the City shall post information regarding job openings.

VIII. WORK ACCESS AND EMPLOYEEINFORMATION
The Group may have access to work locations for the posting of employee information, investigation of employee grievances, for representation of employees at grievance and disciplinary hearings and during non-work times for discussions with employees of issues and events when approved by the Personnel Officer. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Personnel Officer.

IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that it must act immediately, the City shall give the Group reasonable notice of any ordinance, rule, resolution or regulation affecting the Group or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be 4% increase effective the first full pay period in July 2023.

In the future the following cities will be surveyed for total compensation comparisons:

Bakersfield, Clovis, Dinuba, Fresno, Hanford, Porterville, and Visalia.

XI. SEVERABILITY
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XII. FURTHER NEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to

10.5 Consent Page 9
3 commence negotiations.

XIII. PROVISION REGARDING AMERICANS WITH DISABILITIESACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City of Tulare to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The Tulare Fire Chief Officer Group recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Tulare Fire Chief Officer Group will be notified of these proposed accommodations prior to implementation by the City of Tulare of any accommodation impacting the terms and conditions of employment of employees covered by this MOU.

Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

XIV. TERM
Unless specified otherwise herein, the provisions of the Memorandum of Understanding become effective July 1, 2023 shall continue through and including June 30, 2024. The parties agree to reopen the meet and confer process for further discussion on or after March 1, 2024 except as to issues subject to additional discussion as stated herein.

XV. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

1. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a 5 percent and not to be less than 4 percent increase in salary.

2. Differential
There shall be a minimum of 15% salary differential between “E Step” base salary of lowest chief officer rank and the rank of fire captain. There will also be a 15% separation between the ranks of chief officer. It is agreed that any differential pay for performing Paramedic duties shall not be included in the calculation of base salary for the purpose of this provision. For Chief Officer Classifications that have both a 40-hour and 56-hour assignment, Chief Officers working in a forty hour work week capacity will be compensated seven percent (7%) Non Shift Differential.

10.5 Consent Page 10
4 B. STANDARD WORK PERIODS
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

2. Fire Department Shift Personnel
The standard FLSA section 7(k) work period for shift personnel in the Fire Department shall be a 24-day work period based on a 48/96 work schedule which begins with the start of the A shift 48/96 schedule.

C. EXCEPTIONS TO STANDARD WORKPERIODS
The City Manager is hereby authorized to designate other work periods to other employees when, in his opinion, the best interests of the city may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

D. COMPUTATION OF SALARY
Salaries for all authorized city positions are set forth in the City Compensation Plan.

Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.333 for non-shift employees and for twenty- four (24) hour shift employees the monthly salary shall be divided by 242.666 based on a 56 hour work week.

E. OVERTIME POLICY: DEFINITION
It is the policy of the City of Tulare that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the city and that overtime work be compensated for with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head or, in emergencies where prior department head authorization cannot be issued, first line supervisors may approve overtime. Overtime work for all eligible employees shall be defined as any time worked beyond forty (40) hours in a standard work week for non-shift personnel, and any time worked in excess of the standard work period as defined in XVB. The use of vacation and holidays shall be included in the definition of time worked only if scheduled and approved during first and second round picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

F. OVERTIME COMPENSATION:

1. General Provisions
Twenty-four (24) hour duty shift Chief Officers that are FLSA Non-Exempt shall be paid overtime at the rate of time and one-half their hourly rate of pay for hours worked in excess of regularly scheduled shifts. Said personnel shall receive a minimum of two (2) hours when called back to work or to attend a mandatory meeting.

Twenty-four (24) hour duty shift Chiefs Officers that are FLSA Exempt shall be paid

10.5 Consent Page 11
5 straight time hourly rate of pay for hours worked in excess of regularly scheduled shifts.

The purpose of this pay is compensation for replacing another Chief Officer who is on sick leave, vacation, bereavement leave, or other approved absence. Under no circumstances will Shift Replacement Pay be construed as overtime pay as defined under the Fair Labor Standards Act. Shift exchanges between two employees of a Chief Officer classification will not qualify for Special Shift Replacement Pay under these provisions.

2. Personnel will be compensated pursuant to the terms of this MOU "portal to portal" while in the course of their employment and away from their official duty station while assigned to an emergency incident, in support of an emergency incident, or prepositioned for an emergency response. Personnel responding from off-duty to any emergency incident or to cover behind for any person responding to any emergency incident shall be compensated at the rate of time and one-half from time of dispatch to the time they are released or relieved from duty.

3. Management Staff normally assigned to a forty (40) hour work week are eligible to fill shift work vacancies when non-conflicting with their forty (40) hour schedule. When this occurs the employee shall be paid at the shift overtime rate. Staff assigned to the forty (40) hour work week when working overtime can select to receive compensatory time off at the rate of time and one-half. Those permanently assigned to the forty (40) hour shift can accrue up to 120 hours of compensatory time off.

4. Due to the unique requirements of positions in this group, all vacancies will be filled by other Chief Officers if available. If a Division Chief is not available, the Fire Chief can fill in for Duty Coverage and shall be compensated additional pay at their straight time rate for hours worked beyond their normal work schedule. If a Division Chief or the Fire Chief are not available, suppression personnel that meet Acting Division Chief qualifications may fill the vacancy.

G. WORKING IN A HIGHER CLASSIFICATION OR OUT OF GRADE
All staffing related issues are referenced in City of Tulare Staffing Policy as agreed by Side Letter Agreement dated August 3, 2010 effective September 1, 2010. Other requirements for acting are referenced in side letter agreement regarding Division Chiefs effective July 2, 2011.

H. OVERTIME CONDITIONS: LOCAL PERIL ORDISASTER
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

I. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. PAID HOLIDAYS

1. Regular Holidays for Pay Purposes
Effective July 1, 1977, with the exception hereinafter stated, holidays for all officers

10.5 Consent Page 12
6 and employees of the public offices of the City of Tulare shall be as follows:
a. January 1 (New Year's Day)
b. The third Monday in January (effective 1994) (Martin Luther King, Jr. Birthday) c. The third Monday in February (President's Day)
d. The last Monday in May (Memorial Day)
e. July 4 (Independence Day)
f. The first Monday in September (Labor Day)
g. November 11 (Veterans Day)
h. The fourth Thursday in November (Thanksgiving Day)
i. The day after Thanksgiving Day
j. December 25 (Christmas Day)
k. The employee's date of birth
l. Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as a holiday. If any of the foregoing holidays fall on an employee's normal day off, except Saturday or Sunday, they shall be credited to vacation.

2. Fire Shift Personnel
In return for the elimination of the holiday time off Fire shift personnel shall receive thirteen days (104 hours times 1.4 multiplier or 145.6 hours) of annual holiday time. In lieu of taking off eight (89.6 hours) of the thirteen days granted in holidays, each sworn fire shift personnel shall be paid for the eight days 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be added to the employee’s annual vacation leave bank.

3. Paid Days in Lieu of Holidays at Termination
Regular employees of the Fire Departments leaving municipal service with accrued pay days in lieu of holidays who give at least two weeks of notice of their intention to terminate shall be paid the amount of accrued days in lieu of holidays to the day of termination. Payment for accrued days in lieu of holidays shall be at the employee's current rate of pay. (Amended by Resolution 2582)
K. COMPENSATION FOR WORK ON PAIDHOLIDAYS
Non-Shift fire personnel and non-shift probationary employees assigned to work on holidays shall receive compensatory time off or overtime as recommended by the department head

10.5 Consent Page 13
7 subject to the approval of the City Manager. All requests for overtime pay in lieu of compensatory time off shall be made by memorandum to the Fire Chief.

L. COMPENSATION DURING ATTENDANCE OF A TRAININGCOURSE

DURING VACATION, HOLIDAYS, DAY OFF
City employees should feel free to attend training courses that are available during their vacation, holidays or days off if they so desire, however, compensation for attendance for training courses held during days off, weekends, vacations or holidays will be authorized only where employees have been directed by the department head to attend such on the following basis:

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations
Employees directed to attend training courses held during their vacation days will be allowed to reschedule their vacation days.

3. Days Off or Off Duty Shifts
Employees directed to attend training courses on their days off or off duty shifts will be compensated as provided in Article XV.F above. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized.

Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

M. MANAGEMENT LEAVE
All sworn middle management employees with less than five (5) years of service shall receive twenty-four (24) hours management leave (33.6 hours for twenty-four hour shift personnel) per fiscal year. Sworn middle management employees with five (5) or more years of service shall receive thirty-two (32) hours of management leave (44.8 hours for twenty four hour shift personnel) per fiscal year. Management Leave will be divided by 26 pay periods and be accrued as part of Annual Leave.

N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM

1. All regular, full-time, permanent employees shall be entitled to receive educational and certification incentive pay in the amounts set forth below, commencing with the first pay period following documentation of the award being turned into the Human Resources Department. Documentation shall be considered the award or conferral by a community college or university transcripts (public or private recognized and accredited post-secondary educational institution) and/or the California State Fire Marshal’s Office (CSFM). The maximum amount that any employee shall be eligible for is 5% of base pay.
2% - CSFM Company Officer completed CSFT education requirements

10.5 Consent Page 14
8 3% - CSFM Chief Officer Certificate

2.5% - 60 Units of college coursework (20 units in Fire Science related field) 5% - Bachelor’s Degree (with 20 units in Fire Science related field)

2. Members shall be eligible for a 5% specialty salary incentive pay for the position of Lead Fire Investigator. Members seeking this incentive pay shall comply with Lexipol Policy 402, 403, and 404. Members shall maintain current status in the Fire Investigation Unit to be eligible for this Incentive pay. Assignment to the Fire Investigation Unit shall be at the discretion of the Fire Chief.

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

3. Members with paramedic certification shall be eligible for a specialty salary incentive pay of 5% of base pay at the discretion of and with approval from the Fire Chief.

This amount may be used to attend Fire, EMS and other Training-approved courses included in the job description for unit members. Travel and training at the National Fire Academy will be excluded from tuition reimbursement and the city will pay the cost of meals and cover an employee’s time off for this training only. The city will arrange for the time off of an employee attending the NFA, any grant funded training, or any training that is mandatory by the Fire Chief. Unless otherwise provided above, courses which require overnight travel will not be included in this agreement, and will be approved based on the city’s Overnight Travel and Training requirements. An employee must make his or her own arrangements for time off during any other training covered by this section.

The City agrees that it will be responsible for the cost of EMS re-certification; all training shall be done on the employees own time.

O. SICK LEAVE COMPENSATION

Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account

10.5 Consent Page 15
9 due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

Employee’s choosing not to elect city retiree health insurance can cash out up to sixty (60) days (672 hours). Any balance not cashed out shall be reported to PERS in equivalent days toward service credit.

P. COMPENSATION FOR FRACTIONS OF HOURSWORKED
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes no payment

7.5 - 22.5 minutes .25 hour

22.5 - 37.5 minutes .50 hour

37.5 - 52.5 minutes .75 hour

52.5 - 60.0 minutes 1.00 hour
Q. RETIREMENT COMPENSATION

1. All regular and regular part time employees are members of the Public Employees Retirement System. The employees and the city shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members and local safety members shall be determined by retirement system contracts. (amended by Resolution 3740)

2. The city of Tulare has contracted with PERS for optional benefits. The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991

8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975

8.6 Military Sr Credit 76 06-30-1997 No no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 No no

8.48 4th lvl 1959 surv ben 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 No no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

10.5 Consent Page 16
10 1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENTSYSTEM a. Classic bargaining unit employees pay nine percent (9%) of the employee’s contribution to the Public Employee’s Retirement System (CalPERS).

PEPRA bargaining unit employees of the Group (employees hired on or after January 1, 2013) shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. Effective with the first pay period in January of 2018, employees in the Group began picking up three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

2. PERS SURVIVOR BENEFIT
a. Management Fire Personnel
The City of Tulare shall maintain the PERS Survivor benefit at level IV. b. The Fire Department Sworn positions are part of a pooled group and receive the preretirement option 2W death benefit by being in the pool.

R. BILINGUAL PAY
Sworn public safety personnel, up through and including the rank of Fire Division Chief, shall receive an incentive bonus of two per cent (2%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Manager insuring that the said employee is competent and proficient in the language certified. A re-certification shall occur every 3 years. An employee not passing the re- certification shall not continue to receive the incentive bonus.

S. DEFERRED COMPENSATION
All regular employees may, at the employee's request, be included in a Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.

T. UNIFORM ALLOWANCE

1. Regular Employees of the Fire Department
Regular Sworn Fire personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of $900 per year. New employees of the Fire Department shall receive, upon initial employment, two pairs of pants, two shirts, one work jacket, one dress jacket and one complete set of Class-A uniform. Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year.

2. Additional Uniforms and Uniform Allowance Procedures Any additional uniforms needed shall be supplied at the employee's expense. The City Manager shall establish such regulations and procedures needed for the administration of the uniform allowance procedure.

10.5 Consent Page 17
11 U. MINIMUM STAFFING

1. Minimum staffing is necessary for the efficient operations of the City of Tulare Fire Department. The safety of citizens and suppression personnel is paramount, and its necessity dictates this portion of the policy. The City recognizes that all fire suppression resources will be staffed with a Fire Manager and each shift will be supervised by a Division Chief.

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

3. The minimum staffing for the City of Tulare Fire Department is as follows:
a. Twelve (12) suppression personnel (based on 4 companies) i. 5 personnel at Station #61
ii. 3 personnel at Station #62
iii. 3 personnel at Station #63
iv. 1 Division Chief
b. The minimum staffing must include (based on 4 companies) i. 1 Division Chief
ii. 4 Fire Captains
iii. 4 Fire Engineers
iv. 4 CCEMSA Licensed Paramedics (one of each of four companies) v. Acting positions may be used to satisfy this requirement, but all personnel acting out of class must have completed the required training certification for the position as approved by Human Resources.
vi. Or a FF/EMT, so long as at least one Paramedic is assigned to each apparatus to maintain Advance Life Support.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
iii. 1 Firefighter/Paramedic
d. T-65 at Station #61 must be staffed with (at a minimum):
i. 1 Fire Captain
ii. 1 Fire Engineer
e. Staffing of personnel on specific apparatus shall be at the sole discretion of the Fire Chief based on the needs.
f. If the City is awarded SAFER, the parties agree to meet and confer to discuss changes to staffing standards and positions.

XVI. ANNUAL VACATION LEAVE
A. PURPOSE OF ANNUAL VACATION LEAVE
The purpose of an annual vacation is to allow an employee time to both mentally and

10.5 Consent Page 18
12 physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

B. ELIGIBILITY FOR ANNUAL VACATIONLEAVE

1. Regular, Regular Part Time, Probationary and Temporary Employees:

All regular, probationary and temporary employees, upon the completion of six months of continuous service, shall be eligible for vacation leave. The amount of time available for an employee's vacation shall be accumulated through the month immediately preceding the month in which the employee's vacation falls.

C. ACCRUAL OF ANNUAL VACATIONLEAVE
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for 50 per cent or more of that month. Those employees eligible for vacation as defined in XVI (B) shall accrue vacation at the following rates:

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel All employees with less than four (4) complete years of service shall earn leave at the rate of 136 working hours per year. Upon the completion of five (5) continuous years of service, the employee shall earn 147.2 working hours of vacation per year; in the same manner, 158.4 hours shall be earned for the sixth year; 169.6 hours shall be earned for the seventh year; 180.8 hours shall be earned for the eighth year; 192 hours for the ninth year; 248 hours for the fifteenth year; for a maximum of 248 hours per year thereafter.

D. ACCUMULATION OF ANNUAL VACATIONLEAVE

1. Fire Management
Fire Management shift personnel may accumulate up to 530 hours which includes vacation, holidays and management leave.

New Chief Officers not previously employed with the City of Tulare and employees promoting to the rank of Chief Officers with a hire date on or after July 1, 2005 may carry over a maximum accumulation of six months annual vacation leave, for a maximum credit of one and a half years annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary.

E. SCHEDULING OF VACATION LEAVE
An employee's vacation shall be, as much as possible, scheduled for the employee's convenience, however, vacation shall be scheduled by department heads so as not to interfere seriously with or impair departmental efficiency. A Division Chief will be allowed to schedule two vacation picks before the beginning of the year. These vacation selections are guaranteed. A Division Chief will be allowed to take additional vacation at any time as long as approved by the Fire Chief.

F. WORKING DURING ANNUAL VACATIONLEAVE
The city shall discourage any employee from working for another employer during his/her annual vacation. At no time will an employee be permitted to work for the city during his/her vacation and receive double compensation.

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13 G. HOLIDAYS WITHIN VACATIONLEAVE
When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

H. ILLNESS WITHIN VACATION LEAVE
If an employee becomes ill or injured during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave.

I. PAYMENT OF ANNUAL LEAVE UPONTERMINATION
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee's current rate of pay.

J. EFFECT OF EXTENDED MILITARY LEAVE
An employee who interrupts his/her service to the city because of an extended military commitment, shall be compensated for accrued vacation leave upon separation from service to the city.

XVII. SICK LEAVE
A. STATEMENT OF POLICY
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion, but shall be granted only upon the recommendation of the department head. Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment. Sick leave shall be allowed to a maximum of six days (6) per year (69.2 hours per year for twenty-four hour shift personnel) in case of emergency illness in the immediate family. Upon the approval of the City Manager, additional days may be authorized.

The immediate family shall be the spouse, parent, child, step child, brother, sister or other close family member as approved by the Administrative Services Director. (amended by Resolution 3740)
B. ELIGIBILITY FOR SICK LEAVE

1. Regular, Regular Part Time, Probationary and Temporary Employees All regular, probationary and temporary employees, upon completion of six months continuous service, shall be eligible for sick leave with pay.

C. ACCRUAL OF SICK LEAVE

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly at the rate of 11.2 hours by all eligible employees who are on a pay status for 50 per cent or more of that month. Those employees eligible for sick leave, as defined in XVII (B), shall accrue sick leave at a rate proportionately equal to that of regular employees.

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for 50 percent or more of that month. Those employees eligible for sick leave,

10.5 Consent Page 20
14 as defined in XVII , shall accrue sick leave at the rate of eight (8) hours per month.

D. ACCUMULATION OF SICK LEAVE

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

E. HOLIDAYS WITHIN SICKLEAVE
When a recognized city holiday falls within an employee's bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.

F. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. VERIFICATION OF SICK LEAVEUSAGE
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

2. The city may formally place an employee on "sick leave restriction" whereupon, for a period of time, the employee may subsequently be required to provide the city a physician's certification of illness for each incidence of sick leave usage, regardless of the amount of time off work.

In determining whether or not to place an employee on "sick leave restriction", the city agrees to consider not only gross usage and so-called "patterns of usage", but also extended illness, major medical problems and incidents of family sick leave.

I. SICK LEAVE COMPENSATION UPONTERMINATION
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

J. SICK LEAVE COMPENSATION UPONRETIREMENT
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days (336 hours) and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out

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15 and have no cash value.

K. WORKERS COMPENSATION

1. Fire Department Personnel
a. An employee of the Fire Department who is entitled to the benefits of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by workers compensation, shall be allowed up to one year's leave of absence, as required by said section. The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the city any and all workers compensation payments received by the employee.
b. An employee of the Fire Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence. (amended by Resolution 3091) c. Whenever such disability of an employee continues for a period beyond one year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, with compensation at the employee's regular rate of pay.
d. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowance unless the employee applies for or consents to his/retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay. e. No employee of the Fire Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.
f. No employee of the Fire Department shall receive wage or salary payments from the city after a period of five years from the date of injury for any one injury. g. The parties agree to develop a Workers Compensation "Carve Out Program" that meets the requirements of Labor Code section 3201.7. Details of the program shall be subject to further ratification between the Group and the City.

L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION

BENEFITS

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16 Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee's department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the city of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee's service with the city shall be considered terminated.

M. EMPLOYEE REHABILITATION
The city shall provide a rehabilitation program for industrially injured employees, pursuant to Section 139.5 of the California Labor Code. Employees unable to return to their previous position shall be interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedures applies for eighteen (18) months. The employee's name shall be placed on a mailing list for the period designated above.

Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the City Manager. No vacation or sick leave benefits shall be used for illness occurring during such leave.

1. Approval of Department Head
Leave of absence without pay for one week or less may be granted by the department head, depending on the merits of the individual case. Such leaves shall be reported to the Personnel Officer.

2. Approval of City Manager
Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merits of the case, but such leave shall not exceed twelve months' duration.

B. ABSENCE WITHOUTLEAVE
Absence without leave shall be considered to be without pay and reduction in the employee's pay shall be made accordingly. Absence without leave for more than three consecutive days may result in termination of employment.

C. LEAVE OF ABSENCE: DEATH OUTSIDE THE IMMEDIATEFAMILY
Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with XIX (A)
D. MATERNITY
Leave of absence for maternity will be covered under the provisions authorized in XVII (A) and (G). An employee may work until she has been advised by her doctor to cease working.

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17 The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (SEC. 1604.10, Chapter XIV, Part 1604, Title 29, United States Labor Code)
E. EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

F. JURY DUTY: LEAVE OF ABSENCE
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the city all fees received for such duties, other than mileage or subsistence allowance, within thirty (30) days from the termination of his/her jury service.

G. SUBPOENAS: LEAVE OF ABSENCE
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the city within thirty (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

H. LEAVE FOR ATTENDANCE AT INDUSTRIALACCIDENT COMMISSION

HEARING OR RELATED PHYSICAL EXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head no later than 8 days prior to absence.

Bereavement leave is allowable in the case of death of an immediate family member which for bereavement only shall be defined as a father, mother, step mother, step father, sister, brother, husband, wife, son, daughter, step child, father-in-law, mother-in-law, or any in-law or relative with whom you reside.

Employees shall be granted 1 day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head

10.5 Consent Page 24
18 approval may take sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave i.e. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

J. EDUCATIONAL LEAVE
Employees may receive paid leave to attend courses, seminars, workshops or conventions which enhance their knowledge, skills or performance in relation to their job. The determination as to when and whether an employee is granted leave shall be made by the department head.

XIX. TERMINATION: LACK OF WORK OR FUNDS
A. An employee may be terminated by the City Manager because of changes in duties or organization, abolishment of position, shortage of work or funds or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least thirty (30) days prior to the effective date of termination. Such termination shall not be subject to appeal.

B. In any such reduction in personnel caused by lack of work or funds, seniority shall be observed. The order of layoff shall be in the reverse order of total cumulative time the employee has served in his/her current job classification upon the effective date of the layoff.

For the purpose of determining order of layoff, total cumulative time shall include the employee's time served in probationary and regular status and time served on military leave of absence while assigned to his/her current job classification.

C. Employees subject to layoff who have seniority in a lower classification may displace (bump) employees in the lower classification having less seniority, provided that the displacing employee is fully qualified and capable of performing the work in the lower classification at the rate of pay for the lower classification.

D. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

E. An employee terminated for lack of work or lack of funds shall exist interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedure applies for eighteen months. The employee's name shall be placed on a mailing list for the period designated above.

XX. DISCIPLINARY PROCEEDINGS
A. DISCIPLINARY ACTION:DEFINITION
As used in this Article "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation, suspension.

B. CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a Supervisor, manager or other property authority.

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19 4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's time card to be recorded by another employee.

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere.

18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

21. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations. (amended by Resolution 3856)
C. PERSONS BY WHOM DISCIPLINARY ACTION MAY BETAKEN
The City Manager or designee may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

D. PROCEDURE PRECEDING IMPOSITION OF DISCIPLINARY ACTION Prior to initiating any disciplinary action, excluding reprimands, against an employee having regular status, the City Manager or department head shall serve written notice on the employee, personally or by certified mail, at least seven (7) calendar days prior to the effective date of the disciplinary action. The written notice shall include:

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

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20 Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

E. IMPOSITION OF DISCIPLINARYACTION
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

F. EXTRAORDINARY CIRCUMSTANCES
In those extraordinary circumstances wherein the City Manager or designee determines that the nature of the employee's act or the charges against him/her are such as to require the employee's immediate removal from the job site, the employee may be placed on leave with pay pending service of the notice of disciplinary action and the effective date of the disciplinary action.

In the case that discipline is imposed and upheld, such leave shall be charged as vacation leave.

G. RIGHT OF APPEAL
A regular employee shall have the right of appeal to the Human Resources Department from any disciplinary action taken by his/her department head under this chapter, other than oral or written reprimands. Such appeal must be filed with the Human Resources Department within ten (10) working days after receipt of the written notice of such disciplinary action. The appeal must be in writing and must state specifically the reasons upon which it is based.

H. RIGHT OF APPEAL: HEARING
Upon receipt of a written appeal from an affected employee, the Human Resources Department shall arrange for a hearing as provided in this chapter. Said hearing shall be conducted as soon as possible after receipt of the written appeal. The Human Resources Department shall arrange for the selection of a hearing officer utilizing the services of the American Arbitration Association or State Mediation and Conciliation Services to conduct the hearing and issue a binding decision. Hearings shall be conducted under the voluntary rules of the American Arbitration Association.

I. RIGHT OF APPEAL: REPRESENTATION
The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

J. RIGHT OF APPEAL: FAILURE OF EMPLOYEE TO APPEAR
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or department head shall be final.

K. RIGHT OF APPEAL: DECISION
The Hearing Officer shall render a decision within thirty (30) days after the conclusion of the hearing or after receipt of the official hearing transcript. The Hearing Officers decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If the

10.5 Consent Page 27
21 disciplinary action taken against the employee is reversed or modified by the Hearing Officer, the employee shall be compensated in all or in part for the time lost as determined by the Hearing Officer. Any appeal of the Hearing Officers decision through judicial review must be filed within ninety (90) days of said decision pursuant to the Code of Civil Procedures Section 1094.6. (Amending Resolutions: 3091)
L. EFFECT OF DISCIPLINARY ACTIONS

1. Oral Reprimand
Employees may receive an oral reprimand.

2. Written Reprimand
Employees receiving a written reprimand shall have a copy filed in his/her personnel jacket kept in the Personnel Office. The employee shall initial a copy of the reprimand prior to its filing, indicating that he/she has read the reprimand. The employee shall have the right to enclose a written response to the reprimand in his/her personnel jacket.

3. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

6. Discharge
Employees terminated pursuant to XIX of these rules and regulations shall be paid salary for vacation and worked holidays accumulated to the effective date of termination, subjection to XVII, if applicable.

M. RELEASING OF INFORMATION RELATIVE TO DISCIPLINARYACTION

AGAINST MUNICIPAL EMPLOYEES
In the interest of preventing undue embarrassment and subsequent loss of ability to perform city work effectively, the following policy will prevail regarding release of information to the news media on personnel actions:

1. No information shall be released without prior approval of the City Manager.

2. No information will be released until final action has been determined and taken.

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws. The Attorney General's opinion interpreting Government Code Section 54957 is as

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22 follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employees."
N. INFORMAL COUNSELING WITH THE CITY MANAGER
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

O. NON-APPLICABILITY
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

XXI. MISCELLANEOUS
A. REPORTS OF CHANGE OF STATUS
All actions involving employment and change in status of employment shall be reported by the department head to the City Manager on City of Tulare Personnel Action Forms. Copies of such reports shall be furnished to the employee involved.

B. DAMAGE CLAIMS
Any employee of the City of Tulare filing suit for damages arising from occupational injury shall notify the Finance Director of the amount of damages collected from such suits in order that all expenses paid by the city may be recovered.

C. GRATUITIES
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

D. OUTSIDE EMPLOYMENT
Any regular employee desiring to engage in regular outside employment shall first obtain non-city conflict job approval for his/her department head. The employee shall submit a statement to his/her department head on a standard city form, naming the prospective employer, his/her address and telephone number and outline the proposed duties and the hours of work. Approval may be denied if, in the opinion of the department head, such outside employment is incompatible with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Personnel Officer and shall be resubmitted prior to January 10 each year to maintain a valid, continuous authorization.

E. COMPENSATION FOR USE OF PRIVATE AUTOMOBILE IN CITYBUSINESS Regular city employees may receive compensation for the use of their personal vehicle in city business. Such compensation shall be the prevailing IRS approved rate and upon approval of the employee's department head. (amended by Resolution 3629) F. CONFLICT OF INTEREST
All designated employees shall comply with departmental conflict of interest codes or the

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23 applicable regulations adopted by the Fair Political PracticesCommission.

G. DAMAGED EQUIPMENT REVIEWCOMMITTEE

1. Fire Department
A Fire Department Damaged Clothing Review Board shall be established for the purpose of reviewing and determining rates of payment for claims for clothing damaged in the line of duty.

No more than one set of glasses may be considered in any two year period. The Board shall be composed of a representatives from the Personnel Office, Fire Department administrative staff and the Association. (amended by Resolution 3145)
H. PERSONNEL FILES
An employee or his/her recognized employee representative, with the written consent of the employee, shall be entitled to review his/her personnel folder upon request. The employee shall, in advance, be advised of, entitled to read and respond to all statements written by the employee's supervisor, department head or fellow employee of his/her work performance or conduct if such statement is to be placed in the employee's file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. (added by Resolution 2765)
I. POSITION RECLASSIFICATION

1. Position Reclassification
An employee who believes his/her position is wrongly classified may submit a written request to his/her supervisor for reclassification. Requests shall state the reason the employee believes the present class is not appropriate and which class the employee believes is appropriate, based on the employee's present duties. Requests must be made to the Personnel Department in January or February so that changes may be presented to the City Council in July.

2. Classification Analysis
The supervisor shall forward the request to the department head. The department head shall then request that the Personnel Officer conduct a classification analysis. When the classification analysis is completed, a written response will be sent to the employee and the department head.

The city shall endeavor to complete the analysis as soon as practicable.

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24 only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee.

Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program. (added By Resolution 3001)
K. FLEXIBLE BENEFITS PROGRAM
The city shall establish a flexible benefits program, effective October 1, 1987, in accordance with Section 125 of the Internal Revenue Code. The city shall contribute the entire implementation cost and the employees shall be responsible for the monthly cost. Participation in the flexible benefits program is available to fire personnel. (added by Resolution 3629) L. VEHICLE USE POLICY

The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies. If a Fire Department “pool” vehicle is available it shall be made available to sworn members of the fire department for travel to and from educational and training courses with in one hundred and fifty miles (150) round trip. (added by Resolution 3408)

2. Chief Officers shall be provided a vehicle in accordance with City policy.

M. WELLNESS PROGRAM

1. The city will provide at no cost to the employee an annual physical in accordance with NFPA 1582, 29 CFR 1910.134, and 29 CFR, 1910.120 (f), as required for anyone who may be exposed to a hazardous substances.

2. The city agrees that PT for the fire department shall occur at a mutually agreed upon facility. The city shall pay up to $35.00 per month per sworn fire personnel for use of the facility. Any increase in fees beyond the $35.00 shall be subject to the meet and confer process.

N. STATION ASSIGNMENT POLICY
It is the policy of the City of Tulare Fire Department to uniformly administer the station assignments and transfer of personnel in a manner that fulfills the needs of the department and considers the desires of the individuals who are affected. If a 40-hour Division Chief position is created, members of this group will bid for shift and non-shift positions. If no member volunteers for the non-shift position(s), the Fire Chief will assign the Division Chief with the least seniority.

Division Chiefs will not bid shifts unless a bid is triggered by the creation of a non-shift position.

If that occurs, shift assignments will be bid along with the non-shift assignment.

1. The following guidelines define policy for station and shift assignments and will

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25 assist in the interpretation and administration of this process.

2. Between November 1st and November 15th of odd numbered years, Fire Captains can select their shift and station assignment based on seniority. Between November 16th and November 27th of odd years, Battalion Chiefs will pick shift assignments based on seniority. Before the bid process begins Division Chiefs will be assigned a shift. Division Chief shift assignments will not change during a bid cycle. In the event a 40-hour Division Chief position is created, Division Chiefs shall be offered such position based on seniority.

In the event no Division Chief volunteers for such assignment, the assignment will be given to the least senior Division Chief.

3. Seniority is defined as time in grade in current rank. If more than one employee has the same time in grade at the current rank, seniority is defined as length of time in service to the Tulare Fire Department. If employees are still equal after these two determiners, the oldest employee would be considered senior based on official birth records. Seniority in current rank shall be the predominate factor in determining station and shift assignment.

4. All forty (40) hour staff positions covered by the TPFA Management Bargaining Unit (excluding the Fire Investigator) will be included in the station and shift assignment bid process. Employees electing to bid for staff positions or specialty assignments must meet the minimum qualifications for that position.

5. The Fire Investigator position is not considered a suppression function, and shall not fall under the guidelines of this bid process.

6. Station and shift assignment changes will become effective the first week in January of even years. The bid cycle is every other year.

7. When station or shift assignments become vacant due to promotion, retirement, or other reasons which create an absence, there are two options for filling that vacancy. a. If more than one year is remaining on the bid cycle, a complete re- bid will occur based on seniority.
b. If less than one year is remaining on the bid cycle, the Fire Chief may either assign the employee with the least seniority for that rank, or solicit volunteers to fill the vacancy with consideration to seniority and the desires of the individuals affected.

8. ADMINISTRATION DISCRETION: The Fire Chief shall have the discretion to reassign or transfer one or more employees due to unsatisfactory performance, disciplinary actions, or documented personnel issue, employee conflict issue or address a training deficit.

XXII. INSURANCE
A. HEALTH, DENTAL, AND VISION

2. Employees shall pay 100 per cent of the total costs of the health insurance premium (with or without dependent coverage). Any increases in future premiums after

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26 retirement shall be borne by the retiree. In order to be eligible for said benefits, the employees must directly retire, be at least 55 years of age and have provided ten years of service to the City of Tulare. Management employees with more than 20 years of service with the City of Tulare and obtaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55.(Amending Resolutions: 00- 4687, 06-5374)
If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation. The City Manager will make a decision based on the information provided and present it to the City Council for implementation. The City and employees agree to pay any increased costs in the same proportion as the current contribution.

This unit will receive $250 per employee toward section 125 medical benefits.

B. INSURANCE - LIFE

1. The term life insurance portion of the employee health insurance plan shall be provided for fire management employees as specified in the employee health insurance policy, in the following manner:

Annual Salary Term Life Insurance
$10,000-15,000 $10,000
15,001-20,000 15,000
20,001-25,000 20,000
25,001-30,000 25,000
30,001-35,000 30,000
35,001-40,000 35,000
40,001-45,000 40,000
45,001-50,000 45,000
50,001-55,000 50,000
55,001 or more An annual amount equal to one times the employee's annual rate of base earnings rounded to the nearest multiple of $1,000 if not already an even multiple thereof, subject to a maximum of $150,000
The premium for said term life insurance will be at the cost of the city. (amended by Resolution 3298)
C. INSURANCE – DISABILITY
The City agrees that is will payroll deduct from the employee’s check the monthly disability premium amount plus the yearly cost of membership into CSFA. The city shall then pay the premium to the vendor. Enrollment into CSFA shall be mandatory and enrollment into CSFA will be handled by the Human Resources Department.

10.5 Consent Page 33
27 MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2024

A MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF TULARE AND THE

TULARE FIRE CHIEF OFFICER GROUP

SIGNATURE PAGE
Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
Finance Director TPFA Representative
Janice Avila / Date / Date
Human Resources Director TPFA Representative

10.5 Consent Page 34
28 Side Letter #1 Regarding Additional Discussion & Study of Compensation Study The parties to this Side Letter Agreement are the City of Tulare (“City”) and Tulare Fire Chief Officer Group. The terms of this agreement shall be effective immediately upon both parties signing.

The parties have a disagreement regarding the accuracy of the duties of the Division Chiefs as reflected in the compensation study completed earlier this year. The parties therefore agree that additional study will be mutually and independently conducted in order to work towards one of the following possible outcomes:

Option 1: Status quo – Division Chiefs remain classified as Division Chiefs and continue to perform all current job description duties with FLSA-Exempt status. The City recognizes that the job classification and FLSA-exempt status was created in the best interest of organizational effectiveness and with the intent of greater compensation separation to accommodate take-home pay differences. As such, the city agrees to compensate members with salary increases commensurate with those previously given to TPFA.

Option 2: Battalion Chiefs/FLSA non-exempt – our members are reclassified as Battalion Chiefs.

The previously used Battalion Chief job classification will be used including FLSA non-exempt status.

Option 3: An alternate Plan not considered in Option 1 or 2. The parties understand that any alternate plan that considers FLSA Exempt status without additional compensation will require significant negotiations.

The purpose of this side letter is to define the scope of the topics requiring additional discussion and study. Through this agreement, neither party is committing to any course of action through this agreement, other than to further study the issue in good faith, and in a timely manner.

Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
Finance Director TPFA Representative
Janice Avila / Date / Date
Human Resources Director TPFA Representative

10.5 Consent Page 35

MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare Fire Chief Officer Group
Effective Date: July 1, 2023 through June 30, 2024
Approved by Council:

10.5 Consent Page 36 ATTACHMENT 2
i

MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2024

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE
AND

1. Promotion ................................................................................................................ 3

2. Fire Shift Personnel................................................................................................. 6

1. Holidays .................................................................................................................. 7

2. Vacations................................................................................................................. 7

10.5 Consent Page 37
ii
N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM ............................ 7 O. SICK LEAVE COMPENSATION ............................................................................... 8

1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENTSYSTEM ..... 10

1. Regular Employees of the Fire Department.......................................................... 10

1. Regular, Regular Part Time, Probationary and Temporary Employees: .............. 12 C. ACCRUAL OF ANNUAL VACATIONLEAVE ...................................................... 12

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel............... 12 D. ACCUMULATION OF ANNUAL VACATIONLEAVE ......................................... 12

1. Regular, Regular Part Time, Probationary and Temporary Employees ................ 13 C. ACCRUAL OF SICK LEAVE ................................................................................... 13

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ......................... 13

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ................. 13 D. ACCUMULATION OF SICK LEAVE ...................................................................... 14

10.5 Consent Page 38
iii
M. EMPLOYEEREHABILITATION ............................................................................. 16 XVIII. OTHER LEAVES OF ABSENCE .................................................................................... 16 A. LEAVE OF ABSENCE WITHOUT PAY .................................................................. 16

1. Approval of Department Head .............................................................................. 16

1. Oral Reprimand ..................................................................................................... 21

2. Written Reprimand ................................................................................................ 21

3. Disciplinary Probation .......................................................................................... 21

4. Suspension ............................................................................................................ 21

5. Salary Reduction ................................................................................................... 21

10.5 Consent Page 39
iv
F. CONFLICT OF INTEREST ....................................................................................... 22 G. DAMAGED EQUIPMENT REVIEWCOMMITTEE ............................................... 23

1. Position Reclassification ....................................................................................... 23

2. Classification Analysis.......................................................................................... 23

10.5 Consent Page 40
1 I. RECOGNITION
The City acknowledges the Tulare Fire Chief Officer Group as the recognized employee organization representing the sworn Chief Officers in the Tulare Fire Department excluding the Fire Chief.

10.5 Consent Page 41
2 the term of this Agreement.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be 4% increase effective the first full pay period in July 2023.

In the future the following cities will be surveyed for total compensation comparisons:

Bakersfield, Clovis, Dinuba, Fresno, Hanford, Porterville, and Visalia.

XII. FURTHER NEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to

10.5 Consent Page 42
3 commence negotiations.

XV. COMPENSATION AND HOURS
A. APPLICATION OF SALARY RANGES AND RATES

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4 B. STANDARD WORK PERIODS
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

D. COMPUTATION OF SALARY
Salaries for all authorized city positions are set forth in the City Compensation Plan.

F. OVERTIME COMPENSATION:

Twenty-four (24) hour duty shift Chiefs Officers that are FLSA Exempt shall be paid

10.5 Consent Page 44
5 straight time hourly rate of pay for hours worked in excess of regularly scheduled shifts.

I. DEDUCTIONS
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. PAID HOLIDAYS

1. Regular Holidays for Pay Purposes
Effective July 1, 1977, with the exception hereinafter stated, holidays for all officers

10.5 Consent Page 45
6 and employees of the public offices of the City of Tulare shall be as follows:
a. January 1 (New Year's Day)
b. The third Monday in January (effective 1994) (Martin Luther King, Jr. Birthday) c. The third Monday in February (President's Day)
d. The last Monday in May (Memorial Day)
e. July 4 (Independence Day)
f. The first Monday in September (Labor Day)
g. November 11 (Veterans Day)
h. The fourth Thursday in November (Thanksgiving Day)
i. The day after Thanksgiving Day
j. December 25 (Christmas Day)
k. The employee's date of birth
l. Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

10.5 Consent Page 46
7 subject to the approval of the City Manager. All requests for overtime pay in lieu of compensatory time off shall be made by memorandum to the Fire Chief.

L. COMPENSATION DURING ATTENDANCE OF A TRAININGCOURSE

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations
Employees directed to attend training courses held during their vacation days will be allowed to reschedule their vacation days.

Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

N. EDUCATION AND CERTIFICATION INCENTIVEPROGRAM

10.5 Consent Page 47
8 3% - CSFM Chief Officer Certificate

2.5% - 60 Units of college coursework (20 units in Fire Science related field) 5% - Bachelor’s Degree (with 20 units in Fire Science related field)

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

3. Members with paramedic certification shall be eligible for a specialty salary incentive pay of 5% of base pay at the discretion of and with approval from the Fire Chief.

The City agrees that it will be responsible for the cost of EMS re-certification; all training shall be done on the employees own time.

O. SICK LEAVE COMPENSATION

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9 due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

P. COMPENSATION FOR FRACTIONS OF HOURSWORKED
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes no payment

7.5 - 22.5 minutes .25 hour

22.5 - 37.5 minutes .50 hour

37.5 - 52.5 minutes .75 hour

52.5 - 60.0 minutes 1.00 hour
Q. RETIREMENT COMPENSATION

2. The city of Tulare has contracted with PERS for optional benefits. The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991

8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975

8.6 Military Sr Credit 76 06-30-1997 No no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 No no

8.48 4th lvl 1959 surv ben 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 No no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

10.5 Consent Page 49
10 1. EMPLOYEE SHARE TO PUBLIC EMPLOYEE RETIREMENTSYSTEM a. Classic bargaining unit employees pay nine percent (9%) of the employee’s contribution to the Public Employee’s Retirement System (CalPERS).

T. UNIFORM ALLOWANCE

10.5 Consent Page 50
11 U. MINIMUM STAFFING

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

XVI. ANNUAL VACATION LEAVE
A. PURPOSE OF ANNUAL VACATION LEAVE
The purpose of an annual vacation is to allow an employee time to both mentally and

10.5 Consent Page 51
12 physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

B. ELIGIBILITY FOR ANNUAL VACATIONLEAVE

1. Regular, Regular Part Time, Probationary and Temporary Employees:

D. ACCUMULATION OF ANNUAL VACATIONLEAVE

1. Fire Management
Fire Management shift personnel may accumulate up to 530 hours which includes vacation, holidays and management leave.

10.5 Consent Page 52
13 G. HOLIDAYS WITHIN VACATIONLEAVE
When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

C. ACCRUAL OF SICK LEAVE

10.5 Consent Page 53
14 as defined in XVII , shall accrue sick leave at the rate of eight (8) hours per month.

D. ACCUMULATION OF SICK LEAVE

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

F. USAGE OF SICK LEAVE
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. DEDUCTION OF SICK LEAVE
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. VERIFICATION OF SICK LEAVEUSAGE
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

I. SICK LEAVE COMPENSATION UPONTERMINATION
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

10.5 Consent Page 54
15 and have no cash value.

K. WORKERS COMPENSATION

L. DEPLETION OF SICK LEAVE, COMPENSATORY TIME AND VACATION

BENEFITS

10.5 Consent Page 55
16 Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee's department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the city of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee's service with the city shall be considered terminated.

10.5 Consent Page 56
17 The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (SEC. 1604.10, Chapter XIV, Part 1604, Title 29, United States Labor Code)
E. EMPLOYEE'S TIME OFF TO VOTE
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

H. LEAVE FOR ATTENDANCE AT INDUSTRIALACCIDENT COMMISSION

HEARING OR RELATED PHYSICALEXAMINATIONS
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed in advance with the department head no later than 8 days prior to absence.

Employees shall be granted 1 day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head

10.5 Consent Page 57
18 approval may take sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave i.e. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

D. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

B. CAUSES FOR DISCIPLINARY ACTION
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a Supervisor, manager or other property authority.

10.5 Consent Page 58
19 4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.