HomeMy WebLinkAboutReso 93-116 - Approving provisions of MOU between COR & the International assoc of Fire Fighters, local Union 1934, Eff 04/06/93 1
RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PROVISIONS OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF REDDING AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL UNION
1934, EFFECTIVE APRIL 6, 1993.
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WHEREAS, the International Association of Fire Fighters,
Local Union 1934, has been formally recognized as the majority
representative of an appropriate unit of employees, as set forth
in Section 2 . 1 of Article 2 of the attached Memorandum of Under-
standing; and
WHEREAS, the designated representatives of the City of
Redding have conferred with and entered into a Memorandum of
Understanding with the designated representatives of the Inter-
national Association of Fire Fighters, Local Union 1934, as
required by the provisions of the Meyers-Milias-Brown Act of
1968; and
WHEREAS, a copy of the Memorandum of Understanding is
attached hereto and incorporated herein by reference;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council
of the City of Redding hereby approves the aforesaid Memorandum
of Understanding, effective April 6 , 1993 .
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
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jthe City of Redding on the 6th day of April, 1993 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe and Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
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CHARLIE MOSS, Mayor
City of Redding
A ST:
CONNIE STROHMAYER City Clerk
FORM !PRO ED:
RANDALL A. HAYS, City Attorney
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MEMORANDUM OF UNDERSTANDING
Between
THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING
and
THE DESIGNATED REPRESENTATIVES OF LOCAL UNION 1934
of
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
AFL-CIO
EFFECTIVE : July 1 , 1974 ( Insofar as legally possible )
AMENDED : December 31 , 1974 , to be effective December 29 , 1974
AMENDED : January 27 , 1975 , to be effective February 9 , 1975
AMENDED: May 29 , 1975 , to be effective June 29 , 1975
AMENDED : September 18 , 1978 , to be effective September 17 , 1978
AMENDED : July 29 , 1982 , to be effective July 18 , 1982
AMENDED : June 24 , 1983 , to be effective July 3 , 1983
AMENDED: October 15 , 1984 to be effective October 7 , 1984
AMENDED : February 2 , 1988 to be effective January 24 , 1988
AMENDED : June 29 , 1990 to be effective June 24 , 1990
AMENDED : 1993 to be effective April 6 , 1993
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TABLE OF CONTENTS
Article Page
1 Preamble - - - - - - - - - - - - - - - - - - - - - - 1
2 Recognition - - - - - - - - - - - - - - - - - - - - 3
3 Union Security - - - - - - - - - - - - - - - - - - - 3
4 Grievance Procedure - - - - - - - - - - - - - - - - 4
5 Safety - - - - - - - - - - - - - - - - - - - - - - - 6
6 Disability and Unemployment - - - - - - - - - - - - 6
7 Employee Status - - - - - - - - - - - - - - - - - - 7
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8 Wages and Classifications - - - - - - - - - - - - - 7
9 Hours and Overtime - - - - - - - - - - - - - - - - - 9
10 Seniority - - - - - - - - - - - - - - - - - - - - - 11
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11 Promotion and Transfer - - - - - - - - - - - - - - - 11
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12 Demotion and Layoff - - - - - - - - - - - - - - - - 12
13 Leave of Absence - - - - - - - - - - - - - - - - - - 12
14 Expenses - - - - - - - - - - - - - - - - - - - - - - 13
15 Sick Leave - - - - - - - - - - - - - - - - - - - - - 14
16 Funeral Leave - - - - - - - - - - - - - - - - - - - 15
17 Holidays - - - - - - - - - - - - - - - - - - - - - - 15
18 Vacations - - - - - - - - - - - - - - - - - - - - - 16
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19 Uniforms - - - - - - - - - - - - - - - - - - - - - - 19
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20 Miscellaneous - - - - - - - - - - - - - - - - - - - 20
21 Employee Benefit Programs - - - - - - - - - - - - - 21
22 Entire Agreement - - - - - - - - - - - - - - - - - - 22
23 Term - - - - - - - - - - - - - - - - - - - - - - - - 23
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NOTE
Additions , amendments , changes to this Memorandum of Understanding,
effective June 24 , 1990 , or thereafter, are underlined, deleted
language is lined out.
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 26th
day of June , 1974 , by and between the designated representatives of the
CITY OF REDDING ( a public agency as defined in Section 3501 ( c ) of
!I Chapter 10 of Division 4 of Title 1 of the Government Code of the State
of California) , hereinafter referred to as the City, and the designated
representatives of LOCAL UNION 1934 of INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS , affiliated with the American Federation of Labor -
Congress of Industrial Organizations ( a recognized employee
organization as defined in Section 3501 (b) of Chapter 10 of Division 4
of Title 1 of the Government Code of the State of California) ,
hereinafter referred to as Union,
WITNESSETH that :
WHEREAS , the parties hereto desire to facilitate the peaceful
adjustment of differences that may from time to time arise between
them, to promote harmony and efficiency to the end that the City, Union
and the general public may benefit therefrom, and to establish fair and
equitable wages , hours and working conditions for certain hereinafter
designated employees of the City,
NOW, THEREFORE , the parties hereto do agree as follows :
ARTICLE 1
Preamble
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1 . 1 The parties acknowledge the provisions of Chapter 10
( Sections 3500 , et seq. ) of Division 4 of Title 1 of the Government
Code of the State of California .
1 . 2 It is the policy of the City and Union not to, and neither
party will interfere with, intimidate , restrain, coerce or discriminate
against any employee because of race, creed, sex, color or national
origin .
1 . 3 The City is engaged in rendering services to the public , and
the City and Union recognize their mutual obligation for the continuous
i rendition and availability of such services . For purposes of the
foregoing, the City will provide pagers to all employees who will keep
them in their possession during off-duty hours and while within a
reasonable response distance .
1 . 4 The duties performed by employees of City as part of their
employment pertain to and are essential to the operation of a munic-
ipality and the welfare of the public dependent thereon . Overtime work
is an established condition of employment . During the term of this
Memorandum of Understanding employees shall not partially or totally
abstain from the performance of their duties for City. Union shall not
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call upon or authorize employees individually or collectively to engage
in such activities and shall make a reasonable effort under the
circumstances to dissuade employees from engaging in such activities
and City shall not cause any lockout . Those employees who do
individually or collectively partially or totally abstain from the
performance of their duties for City or unreasonably or arbitrarily
refuse or fail to respond to overtime work requirements shall be
subject to disciplinary action up to and including discharge from
employment .
1 . 5 City employees shall perform loyal and efficient work and I;
service , and shall use their influence and best efforts to protect the I.
properties of City and its service to the public , and shall cooperate
in promoting and advancing the welfare of City and in preserving the
continuity of its service to the public at all times .
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1 . 6 City and Union shall cooperate in promoting harmony and
efficiency among City employees .
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1 ..7 Notwithstanding anything to the contrary, the Union recog-
nizes and accepts the right of City of Redding management to manage the
City. This recognition includes acceptance of the fact that the
management rights listed below are not subject to the grievance pro-
cedure except , however, grievances may be filed upon interpretations of
the provisions of this Memorandum of Understanding other than those set
forth in this paragraph. It is agreed by the parties to this
Memorandum that management rights include , by way of illustration and
not by way of limitation, the following: ( a) The full and exclusive
control of the management of the City. (b ) The supervision of all
operations , methods , processes and means of performing any and all
work, the control of the property and the composition, assignment ,
direction and determination of the size of its working forces . ( c ) The
right to determine the work to be done by employees . ( d) The right to
change or introduce new or improved operations , methods , means or
facilities . ( e ) The right to hire , schedule, promote , demote ,
transfer, release and lay off employees , and the right to suspend,
discipline and discharge employees and otherwise to maintain an
orderly, effective and efficient operation, provided, however, that all
of the foregoing shall be subject to the express and explicit terms and
provisions of this Memorandum of Understanding.
1 . 8 The parties have met and conferred in good faith and have
reached agreement on procedures set forth in this Memorandum of ;.
Understanding for resolution of disputes between the parties . The
parties agree that they will follow those procedures as set forth in
this Memorandum of Understanding or the bargaining process required by
the Meyers-Milias-Brown Act . The Union agrees , and will make every
effort to persuade its members , to also use those established
procedures , rather than to use any other method or forum such as
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appeals directly to the news media or the City Council for resolution
of problems or disputes between the parties prior to the completion of
the grievance procedure through arbitration or the bargaining process
through mediation .
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ARTICLE 2
Recognition
2 . 1 The City recognizes the Union as the "Majority Representa-
tive" of all employees of the City Fire Department who hold a clas-
sification listed on Exhibit "A" of this Memorandum of Understanding .
The provisions of the Memorandum of Understanding hereinafter set forth
shall apply only to those employees of the City of Redding for whom
,j Local Union 1934 of International Association of Fire Fighters ; AFL-
CIO, is the established majority representative .
2 . 2 Official representatives of Union will be permitted access to
City property to confer with City employees on matters of employer-
employee relations , but such representatives shall not interfere with
work in progress without agreement of Management .
2 . 3 The City will provide the Union adequate bulletin board space
for the purpose of posting thereon matters relating to official Union
business .
2 . 4 The City and the Union will not interfere with, intimidate ,
restrain, coerce or discriminate against any employee because of his
membership or non-membership in Union or his activity on behalf of the
Union .
2 . 5 Any employee , at his request , shall be permitted represen-
tation by a Union representative . The foregoing shall apply to
hearings , reprimands and disciplinary actions , providing there is no
unreasonable delay in obtaining representation.
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ARTICLE 3
Union Security
3 . 1 The City shall deduct from their wages the regular membership I
dues of employees who are members of the Union and who individually and
voluntarily authorize such deductions in writing in accordance with the
provisions of Section 1157 . 3 of the Government Code of the State of
California .
3 . 2 Deductions shall be made from the first payroll period
each month and a check for the total deductions shall be submitted to
the Financial Secretary of Local Union 1934 , I .A. F . F . , P . O . Box 1118 ,
Redding, California 96099 , within five ( 5 ) working days of the date
the dues are withheld from the employee ' s check.
3 . 3 The form of check-off authorization shall be approved by both
the City and the Union . �I
3 . 4 The City shall provide all new employees with Union mem-
bership application forms , payroll deduction authorization forms and a
copy of this Memorandum of Understanding on or about the first day of
employment . Such materials will be furnished to the City by the Union .
ARTICLE 4
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Grievance Procedure
4 . 1 Any grievance , which may arise between Union, or any of its �.
members , and the City, with respect to the interpretation or
application of any of the terms of this Memorandum of Understanding, or
with respect to such matters as the alleged discriminatory or arbitrary
discharge, demotion or discipline of an individual regular employee ,
shall be determined by the provisions of this article , except that such
matters as are included in the definition of impasse as set forth in
Resolution No . 4217 are not a grievance .
4 . 2 Step One : The initial step in the adjustment of a grievance
shall be a discussion between the grievant or his representative ani
the Battalion Chief - Shift Commander -jmmed-i ate- direct!
involved, who will answer within ten ( 10 ) days . This step shall b_
started within thirty ( 30 ) days of the date of the action complained
of , or the date the grievant became aware of the incident which is the
basis for the grievance . This step may be taken during the working
hours of the grievant or his representative . This step may be supple-
mented by written presentations as well as the oral discussion required
above .
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step, the second step shall be a discussion between the Labor Repre-
sentative or his designated representative and the Fire Chief , who
shall answer within ten ( 10 ) days . This step shall be taken within ten
( 10 ) days of the date of the Supervisor' s answer in Step One .
4 . 4 Step Three : If a grievance is not resolved in the second
step, the third step shall be a discussion between the Labor Rep-
resentative or his designated representative and the Director of
Personnel Services haloe r- who shall answer within ten ( 10 )
days . This step shall be taken within ten ( 10 ) days of the Fire
Chief ' s answer in Step Two .
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4 . 5 Step Four : If a grievance is not resolved in the third step ,
the fourth step shall be the presentation of the grievance , in writing,
by the Labor Representative or his designated representative to the
City Manager, who shall answer, in writing, within ten ( 10 ) days . The
fourth step shall be taken within ten ( 10 ) days of the date of the
answer in Step Three .
4 . 6 ( a) Step Five : If a grievance is not resolved in the fourth
step, the fifth step shall be referral by either the City, or the
Union, to arbitration. The fifth step shall be taken within twenty
( 20 ) days of the date of the answer in Step Four.
4 . 6 (b) An arbitrator shall be appointed on each occasion that
a grievance is submitted to arbitration . In the event the City and
Union are unable to agree on the selection of an arbitrator, they shall
request the State of California Mediation and Conciliation Service to
nominate five ( 5 ) persons to be the arbitrator . The City and Union
each will alternately challenge two ( 2 ) of such nominees, the party
having the first challenge to be determined by lot . The remaining
nominee shall be accepted as the arbitrator, and his compensation and
expenses shall be borne equally by the City and Union . The City and
Union shall pay the compensation and expenses of their respective
appointees and witnesses . At Union ' s request the City shall release
employees from duty to participate in arbitration proceedings .
!� 4 . 6 ( c ) The Arbitrator shall hold such hearings and shall con-
sider such evidence as to the Arbitrator appears necessary and proper .
If practicable , the first hearing should be held within ninety ( 90 )
days of the date of referral to arbitration . The decision of the
!j Arbitrator shall be final and binding on City and Union and the
aggrieved employee, if any, provided that such decision does not in any
way add to, disregard or modify any of the provisions of this Mem-
orandum of Understanding.
4 . 7 Failure by the Union to meet any of the aforementioned time
limits as set forth in Section 4 . 2 , 4 . 3 , 4 . 4 , or 4 . 5 ( a) will result in
forfeiture . Failure by the City to meet any of the aforementioned time
limits as set forth in Sections 4 . 2 , 4 . 3 , or 4 . 4 , will allow the Union
to go forward with the grievance to the next step of the established
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procedures . Except , however , that the aforementioned time limits may
be extended by mutual agreement . Grievances settled by forfeiture
shall not bind either party to an interpretation of this Memorandum of
Understanding, nor shall such settlements be cited by either party as
evidence in the settlement of subsequent grievances .
4 . 8 Notwithstanding the aforementioned procedure , any individual
employee shall have the right to present grievances to the City and to
have such grievance adjusted without the intervention of Union, i
provided that the adjustment shall not be inconsistent with the
Memorandum of Understanding, and provided, further, that Union ' s
President or his designated representative shall be given an oppor-
tunity to be present at such adjustment .
ARTICLE 5
Safety
5 . 1 The City Council desires to maintain a safe place of
employment for City employees and to that end City management shall
make all reasonable provisions necessary for the safety of employees in
the performance of their work.
5 . 2 Regular "tailgate" meetings will be held on all jobs to plan
the job and emphasize safety in its performance . i
5 . 3 Regular safety meetings will be held bi-monthly for the
purpose of reviewing accidents and preventing their recurrence , j
eliminating hazardous conditions and familiarizing employees with safe
work procedures and applicable State Safety Orders and for training in
first aid.
ARTICLE 6
Disability and Unemployment II
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6 . 1 An employee who is absent by reason of industrial disability
may be returned to work by the City and given temporary light duties
within his ability to perform, with the consent of the employee ' s
physician . The duration of any such period of temporary work shall be
determined by City. Such employee shall be compensated at the then
current rate of pay of his regular classification while engaged in such
temporary duties . The City may require an employee requesting to
return to work after an absence caused by disability or illness to
submit to a medical examination by a physician or physicians approved u
by City for the purpose of determining that such employee is physically
and mentally fit and able to perform the duties of his position without
hazard to himself , or to his fellow employees , or to his own permanent
health .
6 . 2 Vacation and sick leave shall be accrued and group insurance Ili
coverage shall be maintained while a regular employee is absent from
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work as a result of a job related disability and receiving the supple-
mental benefits to Workers ' Compensation temporary disability compen-
sation as set forth in Section 4850 of the Labor Code of the State of
California for the period of such disability, but not exceeding one ( 1 )
year . Employees who are not entitled to the benefits as set forth in
Section 4850 of the Labor Code of the State of California but who are
receiving Workers ' Compensation temporary disability benefits , shall
receive group insurance coverage during the period in which they are
receiving temporary disability compensation for up to a maximum of a
cumulative total of five ( 5 ) years at the City' s expense . Holidays
which occur during the period for which an employee is receiving
temporary disability compensation shall not be recognized by such
employee for compensation purposes .
ARTICLE 7
Employee Status
7 . 1 Employees will be designated as regular , probationary, or
full-time temporary depending upon the purpose for which they are hired
and their length of continuous service with the City.
7 . 2 A regular employee is defined as an employee who has one ( 1 )
year, or more , seniority with the City in full-time employment .
7 . 3 A probationary employee is defined as an employee hired for
a full-time position that has been regularly established as an
authorized position and is of indeterminate duration . A probationary
employee shall receive not less than the minimum rate for the job and
shall be eligible for sick leave "pay, vacation pay, holiday pay,
retirement plan participation, insurance coverage and items of a
similar nature , as he becomes eligible , but shall not be given
preferential consideration for promotion or transfer or be eligible for
a leave of absence . Upon completion of one ( 1 ) year of continuous
full-time service with City, a probationary employee shall be given the
status of a regular employee . A probationary employee will only obtain
permanent status upon action of the City Manager , such action to be
accomplished within thirty ( 30 ) days of the end of the probationary
period. Notwithstanding any other provision of this Article , an
employee ' s probationary period shall be extended by the duration of any
unpaid absence of ten ( 10 ) or more consecutive work days . A
probationary period may also be extended for up to three ( 3 ) months at
the discretion of City management for the purpose of enabling a more
extensive review and evaluation of a probationary employee prior to his
attaining permanent status . Whenever the City intends to extend the
probationary period of an employee , the City shall notify the employee
at least ten ( 10 ) days before the completion of the normal ;
probationary period.
7 . 4 A full-time temporary employee is defined as an employee
hired Lor occasional or seasonal work for a period not to exceed six
( 6 ) months . A cull-time temporary employee shall receive not less than
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the minimum rate for the job but shall not be eligible for sick leave
pay, vacation pay, insurance coverage , retirement plan participation or
items of a similar nature , nor shall he accrue seniority, or promotion
and transfer rights , or leave of absence rights . If a full-time
temporary employee is reclassified to probationary status he shall be
credited with all continuous service in determining eligibility for
such benefits as may accrue to him in his new status . Upon completion
of six ( 6 ) months of continuous service with the City, a full-time
temporary employees shall be given the status of a probationary
employee .
ARTICLE 8
wages and Classifications
8 . 1 ( a) Employees shall be paid the wage established for their P
classification . Upon initial appointment to a classification an
employee shall normally be paid the lowest wage rate for that clas-
sification . An employee may, however, be paid a wage rate above the
lowest wage rate if circumstances justify it . when an employee is
promoted to a classification which has a wage range overlapping the
wage range of his previous classification, he shall be paid at the wage I
rate of the classification to which he is being promoted which is next
higher to his present wage rate , but not more than the top wage rate of
the classification to which he is promoted. When an employee is
demoted to a classification which has a wage range overlapping the wage
range of his previous classification, he shall be paid at the wage rate
of the classification to which he is being demoted which is next lower
to his present wage rate , but not lower than the bottom wage rate of
the classification to which he is being demoted. Step increases will
be granted as follows : After thirteen ( 13 ) full pay periods of
employment at Salary Step 1 , and with an overall satisfactory or above
performance -, _sting, an employee shall be advanced to Salary Step 2
After twent,, -six ( 26 ) full pay periods of employment at each
subsectuent salary step with an overall satisfactory or above work
performance an employee will be advanced to the next higher step.
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Salary-Step-5 . A full pay period as used in 8 . 1 is defined as one in
which the employee works or is paid for time off for at least half of
the regularly scheduled work hours .
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8 . 1 (b) Should an employee wish to appeal a denial of a step
increase the employee may do so by submitting an appeal ( 1 ) to the I,
Fire Chief , and if not resolved ( 2 ) to an advisory committee com-
prised of two ( 2 ) representatives designated by the Union and one ( 1 )
representative designated by Fire management . The committee will
consider the appeal and make an advisory recommendation to the City
Manager whose decision will be final Such appeal must be made within
thirty ( 30 ) days of the date of denial of the merit increase .
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8 . 1 c Every reasonable effort will be made to notify an
emplovee of any deficiencies in job performance prior to an
anniversary date to enable the employee to initiate corrective
behavior .
' 8 . 2 Wages shall be paid at bi-weekly intervals on Thursdays at
the end of the employee ' s work period, after 12 : 00 Noon for a pay
period ending no earlier than the preceding Saturday. If a pay day
falls on a holiday, payment shall be made on the preceding workday.
Except as otherwise provided herein, wages paid shall be for actual
IJ time worked and compensable time off during the pay period, except ,
however, that time worked or time absent as a result of a shift trade
shall not be considered in .computing time for compensation purposes ,
except as provided in 20 . 4 . Wages paid to twenty-four ( 24 ) hour shift
employees shall be based on the average number of regularly scheduled
work hours each payperiod.
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8 . 3 When an employee is temporarily assigned to work in a
classification higher than his regular classification, he shall be paid
at the rate established for the higher classification, with a minimum
of four ( 4 ) hours and time computed to the next full hour, except when
the work is performed outside of the regular work hours and the
j duration is less than four ( 4 ) hours . When an employee is temporarily
assigned to work in a higher classification which has a wage range
overlapping the wage range of his regular classification, he shall be
paid at the wage rate of the classification to which he is temporarily
assigned, which is next higher to his present wage rate , but not more
'I than the top wage rate of the temporary classification .
8 . 4 When an employee is temporarily assigned to work in a
classification lower than his regular classification , his rate of pay
will not be reduced.
8 . 5 For purpose of wage rate progression in a temporary clas-
sification, the time worked by an employee in other than his regular
classification shall also be accrued in such temporary classification .
8 . 6 ( a) Attached hereto and made a part hereof is Exhibit "A"
titled "Schedule of Wage Rates . "
8 . 6 (b) Effective June 23 1991 26;-4�9$6 , wage rates shall be
,i increased by three eme percent ( 3% plus the chancre in the Bureau
of Labor Statistics Consumer Price Index for Urban Wane Earners &
Clerical Workers all U S . Cities 1967 base between the index number
for May 1990 and May 1991 except that the increase as set forth herein
shall not exceed eight percent ( 8%) .
8 . 6 ( c ) Effective June 22 , 1992 25;-398 , wage rates shall be
increased by three exe percent ( 30-. 1%) plus the axd-sa��-fie- e-
aeljusteel-at-the-rat=e-(3-f- -t -hs- er-eaeh-ene
pe�eea -F��r��f change in the Bureau of Labor Statistics Consumer Price
Index for Urban Wage Earners & Clerical Workers all U. S . Cities , 1967
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base , between the index number for May 1991 4988 and the index number
for May 1992 +989 . Except , however , wage rates shall not be increased
more than eight x4:ae percent ( 880- 9% ) , as set forth above .
8 . 7 Attached hereto and made a part hereof is Exhibit "B" titled
"Job Definitions . "
8 . 8 Effective June 24 , 1990 , $800 . 00 per year will be added to
base pay for an A.A. degree in Fire Science or Fire Science Technology.
ARTICLE 9
Hours and Overtime
9 . 1 Each employee shall report for work at his regularly assigned i.
duty station. Time spent in traveling between such assigned duty
station and the job site shall be considered as time worked.
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9 . 2 ( a) For employees other than twenty-four ( 24 ) hour shift
employees a workweek is defined to consist of seven ( 7 ) consecutive
calendar days , Sunday through Saturday, and a basic workweek is defined
to consist of five ( 5 ) consecutive workdays of eight ( 8 ) hours each
Monday through Friday. The basis workweek may begin at any hour of the
day during the workweek .
9 . 2 (b) For twenty-four ( 24 ) hour shift employees a work period
is defined to consist of twenty-four ( 24 ) consecutive calendar days
from 8 : 00 a .m . to 8 : 00 a .m . twenty-four ( 24 ) days later, and each
succeeding twenty-four ( 24 ) consecutive calendar day period thereafter .
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For "A" shift the first work period began at 8 : 00 a .m . on January 11 ,
1987 and ended at 8 : 00 a .m . on February 4 , 1987 . For "B" shift the
first work period began at 8 : 00 a .m . on January 14 , 1987 and ended at
8 : 00 a .m . on February 7 , 1987 . For "C" shift the first work period
began at 8 : 00 a.m. on January 12 , 1987 and ended at 8 : 00 a . m . on
February 5 , 1987 . The basic work period is defined to consist of eight
( 8 ) twenty-four ( 24 ) hour work days in each twenty-four ( 24 ) day work
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period. The work period and basic work periods as established during
January 1987 and set forth above , will not be changed without mutual
agreement . The City maintains the right to move individual employees
from one platoon to another for the good of the service as determined
by the Fire Chief .
9 . 2 ( c ) Whenever it becomes necessary for the City to
temporarily rearrange an employee ' s work schedule , the City will give
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as much advance notice as possible but in any event not less than
ninety-two ( 92 ) hours before the change occurs . Furthermore, no change
shall be made which results in more or less than the normal work hours
in a pay period.
9 . 3 ( a) For employees other than twenty-four ( 24 ) hour shift
employees overtime is defined as ( a) time worked in excess of forty
( 40 ) hours in a workweek, (b) time worked in excess of eight ( 8 ) hours !'
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on a scheduled workday, ( c ) time worked on a non-workday, ( d) time
worked outside of regular hours on a workday, and ( e ) time worked on a
holiday. Overtime shall be computed to the nearest one-quarter ( 1/4 )
ihour .
9 . 3 (b) For twenty-four ( 24 ) hour shift employees , overtime is
defined as time worked in excess of one hundred eighty-two ( 182 ) hours
in a work period. Time worked as used herein shall include time absent
j with pay, such as vacation, sick leave , emergency leave , etcetera, but
shall not include time worked as a result of voluntary shift trades .
overtime shall be computed to the nearest one-quarter ( 1/4 ) hour .
9 . 4 Overtime compensation shall be paid at a rate equivalent to
one and one-half ( 1-1/2 ) times the regular rate of pay.
9 . 5 Employees who are required to report for overtime work as
1 defined in 9 . 3 ( a) and (b) on their non-workdays , or outside of their
regular hours on workdays , shall be paid overtime compensation for the
actual time worked, but in no event for less than three ( 3 ) hours
compensation . If an employee who is called out for such work outside
of his regular hours on a workday continues to work into his regular
hours , he shall be paid overtime compensation only for the actual time
worked. If an employee performs overtime work immediately following
the end of his regular shift he shall be paid overtime compensation
only for the actual time worked.
' 9 . 6 Overtime shall be distributed as equally as is practicable
among those employees who are qualified and available and who volunteer
,j for overtime work, and the City shall not require employees who have
worked overtime to take equivalent time off during a workday without
pay. For the purpose of determining availability as set forth above ,
an employee ' s platoon assignment shall not be used to deny the
opportunity for equitable distribution of overtime work .
ARTICLE 10
Seniority
10 . 1 Seniority is defined as total length of continuous service
with the City. In determining an employee ' s seniority the continuity
of his service will be deemed to be broken by termination of employment
by reason of ( 1 ) resignation, ( 2 ) discharge for cause , ( 3 ) layoff for
more than six ( 6 ) consecutive months , ( 4 ) failure to return immediately
on the expiration of a leave of absence or acceptance of other full-
time employment while on leave, or ( 5 ) -absence without pay, without a
written leave of absence , in excess of five ( 5 ) workshifts or five ( 5 )
workdays , as applicable . Continuity of service will not be broken and
'i seniority will accrue when an employee is : ( a) inducted, enlists or is
called to active duty in the Armed Forces of the United States , or
service in the Merchant Marine , under any Act of Congress which
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provides that the employee is entitled to reemployment rights , (b ) on it
duty with the National Guard, ( c ) absent due to industrial injury, ( d)
on leave of absence , or ( e) absent due to layoff for a period of less
than six ( 6 ) consecutive months .
ARTICLE 11
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Promotion and Transfer
11 . 1 All promotions and transfer shall be in accordance with
standards and procedures as determined by the City. Notices of
Scheduled examinations for the positions of Fire Engineer and �!
#et� enan -o Fire Captain shall be posted at least thirty ( 30 ) days in
advance of the written test . To the extent possible and subject to the I'
determination by the Fire Chief and the Director of Personnel Services , µ
Fire Engineer and Fire Captain eligibility lists will be promulgated
once every two ( 2 ) years on a staggered basis .
I
11 . 2 Seniority shall not be used as the sole criteria for pro-
motions. Employee evaluations , job performance , test results , and
ability, along with other established criteria, will be used for the
purpose of selecting applicants for promotion to a higher classifi-
cation .
11 . 3 All appointments filled by promotion of a City employee shall
be on a probationary basis for one ( 1 ) year. At any time during the
probationary period the City may terminate the appointment . If an
appointment is terminated, the employee shall be returned to either his
previous classification and wage rate , or some other classification
that is mutually satisfactory to both the employee and the City. If an
appointment is terminated, the City may consider the other bidders on
the original posting, if any, rather than repost the vacancy notice .
11 . 4 Management may consider requests for transfer from one
station to another .
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ARTICLE 12
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Demotion and Layoff i
12 . 1 When it becomes necessary for the City to lay off regular
employees , the City will give employees involved as much notice as
possible; but, in no event will such employees receive less than two
( 2 ) weeks notice of layoff . Where probationary or temporary employees
are to be laid off , no notice of layoff need be given . ,
12 . 2 Layoff in all cases due to lack of work will be determined by
an employee ' s seniority. An employee whose job is being eliminated may
elect to displace an employee in a lower paid classification if i
qualified to perform the duties of the lower paid classification and if
his seniority is greater than that of the employee in the lower paid
classification .
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12 . 3 Regular employees who are laid off will be given preference
in filling future vacancies for a period up to six ( 6 ) months ,
providing they keep the City advised of their current address .
ARTICLE 13
Leave of Absence
13 . 1 Leave of absence may be granted to regular employees by the
City Manager for urgent and substantial reasons , up to a maximum of one
year , ( except when the employee is receiving long term disability
benefits , in which case no time limit shall apply) providing
satisfactory arrangements can be made to perform the employee ' s duties
without undue interference with the normal routine of work . Inability
to return to work after an employee ' s sick leave has been exhausted
will be considered as an urgent and substantial reason and in such
cases a leave will be granted.
13 . 2 A leave of absence will commence on and include the first
work shift on which the employee is absent and terminate with and
include the work shift preceding the shift the employee returns to
Work .
13 . 3 All applications for leave of absence shall be made in
writing except when the employee is unable to do so . The conditions
under which an employee will be restored to employment on the termi-
nation of leave of absence shall be clearly stated by the City in
conjunction with the granting of a leave of absence . Upon an
employee ' s return to work after a leave of absence , he will be rein-
stated to his •former position and working conditions , providing that he
j is capable of performing the duties of his former position, except that
if there has been reduction of forces or his position has been
eliminated during said leave, he will be returned to the position he
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would be in, had he not been on a leave of absence .
13 . 4 An employee ' s status as a regular employee will not be
impaired by such leave of absence and his seniority will accrue .
13 . 5 If an employee fails to return immediately on the expiration
of his leave of absence or if he accepts other full-time employment
while on leave , he will thereby forfeit the leave of absence and
terminate his employment with the City.
,i 13 . 6 An employee on a leave of absence as provided herein shall
not accrue vacation or sick leave benefits nor maintain group insurance
j coverage . An employee may, however, at his option and expense ,
maintain his group insurance coverage providing the full monthly
premium is received in the Finance Department of the City on or before
the first day of the month for which the premium is intended.
Notwithstanding the above, however, if the leave of absence is as a
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result of exhaustion of sick leave benefits an employee ' s group
insurance may be maintained for up to three ( 3 ) calendar months on the
normal premium-sharing formula, providing the employee pays his share
of the premium on a timely basis .
13 . 7 Except for the one ( 1 ) year limitation of 13 . 1 , and the
prohibition on other employment in 13 . 5 , a leave of absence for Union
business may be granted by the City Manager for up to a maximum of
three ( 3 ) years , pursuant to the provisions of this Article .
ARTICLE 14
Expenses
14 . 1 Whenever an employee uses his personal automobile for the j
City' s convenience , he .11 be reimbursed therefor at the same rate per i
mile as established for Dn-represented City employees . h
14 . 2 Employees who are assigned to temporary work at such distance j
from their regular headquarters that it is impractical for them to
return thereto each day, or to their regular place of abode , will be
allowed actual personal expenses for board and lodging for the duration
of such assignment , provided they board and lodge at places to be
designated by the City. The time spent by such employees in traveling
to such temporary job at its beginning, to and from home on holidays
and weekends , and from such temporary job at its conclusion and any
reasonable expense incurred thereby will be paid by the City.
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ARTICLE 15
Sick Leave
15 . 1 Sick leave with pay shall be accumulated for each regular and
probationary employee at the rate of forty-six thousandths ( . 046 ) of an
hour for each regular hour worked, or on paid leave .
15 . 2 Sick leave shall be allowed for a non-work-related absence
due to : ( a) the inability of an employee to be present or perform his
duties because of personal illness , off duty injury, or confinement for
medical treatment; (b) personal medical or dental appointments , which
are impractical to schedule outside of regular working hours ; ( c ) the
need to be present during childbirth, surgery, critical illnessor
injury involving members of the immediate family as defined in 16 . 1 ,
for up to eight ( 8 ) work hours per incident . Notwithstanding the
foregoing eight ( 8 ) hour limitation , sick leave with pay shall be
granted to the twenty-four ( 24 ) hour shift employees for the time
necessary to be absent up to a maximum amount that has the same ratio
to the maximum amount allowed for other City employees as set forth
above as the average number of work hours per week for 24-hour shift
employees has to the number of work hours per week for other City
employees .
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15 . 3 Management may require satisfactory evidence of sickness or
disability before payment for sick leave will be made . The City may
also require an employee requesting to return to work after sick leave
or leave of absence for medical reasons to submit to a medical
examination by a physician or physicians approved by City for the
purpose of determining that such employee is physically fit and able to
perform the duties of his former position without hazard to himself , or
to his fellow employees , or to his own permanent health . Such
examination or examinations shall be at the sole expense of the City .
15 . 4 If a holiday which an employee is entitled to have off with
pay occurs on a workday during the time an employee is absent on sick
leave , he shall receive pay for the holiday as such, and it shall not
be counted as a day of sick leave .
15 . 5 Any employee who after ten ( 10 ) years of service to the City
'i terminates employment , shall be paid at the employee ' s regular payrate
for thirty-three and one-third percent ( 33 1/3°) of the employee ' s
accumulated sick leave hours;--t%edttc-�-15y-t4-re-ameunt-vE--any-4)o�
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An employee may, however, at the employee ' s option, elect to
waive the foregoing benefit and in lieu thereof , receive credit for
said unused sick leave toward the employee ' s retirement benefit through
the Public Employee ' s Retirement System pursuant to the contract
between the City of Redding and the Public Employees ' Retirement
System .
'I ARTICLE 16
it
Funeral Leave
16 . 1 Except as otherwise provided herein, regular and probationary
employees who are absent from work due to the death of a member of the
employee ' s " immediate family" shall receive compensation at the regular
rate of pay for the time necessary to be absent from work, but not to
exceed forty ( 40 ) work hours . "Immediate family" as used herein
includes only employee ' s spouse , children, grandchildren, brothers ,
sisters , parents or grandparents of either spouse or other persons who
are living in the employee ' s immediate household. Notwithstanding the
,i foregoing, funeral leave with pay shall be granted to twenty-four ( 24 )
hour shift employees for the time necessary to be absent for up to a
maximum amount that has the same ratio to the maximum amount allowed
j for other City employees , as set forth above, as the average number of
work hours per week for twenty-four ( 24 ) hour shift employees has to
the number of work hours per week for other City employees .
16 . 2 Except as otherwise provided herein , regular employees who
are absent from work to attend the funeral of a person other than an
immediate family member shall receive compensation at the regular rate
of pay for the time necessary to be absent from work, but not to exceed
eight ( 8 ) hours . Notwithstanding the foregoing, funeral leave with pay
shall be granted to twenty-four ( 24 ) hour shift employees for the time
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necessary to be absent for up to a maximum amount that has the same
ratio to the maximum amount allowed for other City employees , as set
forth above , as the average number of work hours per week for twenty-
four ( 24 ) hour shift employees has to the number of work hours per week
for other City employees . II
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ARTICLE 17
Holidays
17 . 1 Regular and probationary employees , except as otherwise
provided herein, shall be entitled to have the following holidays off
with pay:
( a) January 1st
(b ) "Lincoln Day"
( c ) The third Monday in February
( d) The last Monday in May
( e) July 4th
( f ) First Monday in September
( g) Employee ' s Birthday
(h) "Columbus Day"
( i ) "Veterans Day"
( j ) Thanksgiving
( k) Friday after Thanksgiving
( 1 ) The last four ( 4 ) work hours before Christmas
(m) December 25th
If any of the foregoing holidays falls on a Sunday, the Monday fol-
lowing shall be observed as the holiday, except by those employees who
are regularly scheduled to work on Sunday other than on an overtime
basis . Employees who are regularly scheduled to work on Sundays shall
observe such holidays on Sunday. If any of the foregoing holidays
falls on a Saturday, the preceding Friday shall be observed as the
holiday, except by those employees who are regularly scheduled to work
on Saturday other than on an overtime basis . Employees who are
regularly scheduled to work on Saturdays shall observe such holidays on
Saturday. If any of the foregoing holidays fall on any day from Monday
through Friday, inclusive , and that day is a regularly scheduled non-
workday for an employee , such employee shall be entitled to receive
another workday off with pay, to be scheduled in the same manner as I'
vacation days are normally scheduled. Notwithstanding the foregoing an
employee may observe his birthday holiday on his birthday or anytime
during the pay period in which the birthday occurs , or the holiday may
be deferred and scheduled as vacations are normally scheduled. The
holidays known as Lincoln Day, Columbus Day, and Veterans Day shall be
scheduled by employees and their supervisors in the same manner as
vacations are normally scheduled.
I
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17 . 2 Notwithstanding the foregoing, employees may be scheduled to
work on holidays , in which event any such employee will , in addition to
his holiday pay, be compensated therefor at the overtime rate of pay
for all time worked on such days .
17 . 3 If an employee is in a non-pay status on both workdays
immediately adjacent to the holiday he shall not receive pay for the
holiday.
17 . 4 In lieu of the provisions of 17 . 1 , 17 . 2 and 17 . 3 , regular and
probationary twenty-four ( 24 ) hour shift employees shall receive
compensation for holidays without regard for when holidays occur nor
whether or not an employee actually works on any holidays and
regardless of the number of holidays other City employees observe .
Such holiday compensation shall be at the rate of one hundred forty
x}xety-e}x ( 140 96 ) hours per year at the employee ' s regular hourly
payrate with forty-eight ( 48 ) hours paid in June and forty-eight ( 48 )
hours paid in December of each year . For those employees who do not
work the full six ( 6 ) months prior to the payment due date , such
holiday compensation shall be prorated. The additional forty-four ( 44 )
hours for eligible twenty-four ( 24 ) hour shift employees shall become
effective June 23 , 1991 . Payment in June , 1991 will be ninety-two ( 92 )
hours and the payment in each June thereafter will be ninety-two ( 92 )
hours , with the payment in December remaining at forty-eight ( 48 )
hours . Ekaxges-r�� erat-ec}-i -t4ris-see3o -eka}}-beef-fti- ;
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ARTICLE 18
i
Vacations
18 . 1 ( a) Regular and probationary employees of the City shall
accrue vacations with pay as follows :
18 . 1 (b) At the rate of thirty-nine thousandths ( . 039 ) of an hour
for each regular hour worked, or on paid leave , from the date of
employment through the one hundred fourth ( 104th) full pay period of
employment . (Accrual rate approximately two ( 2 ) weeks per year up to
four ( 4 ) years of service . )
18 . 1 ( c ) At the rate of fifty-eight thousandths ( . 058 ) of an hour
for each regular hour worked, or on paid leave, from the one hundred
,i fourth ( 104th) full pay period through the two hundred thirty-fourth
( 234th) full pay period of employment . (Accrual rate approximately
three ( 3 ) weeks per year after four ( 4 ) years of service . )
18 . 1 ( d) At the rate of sixty-eight thousandths ( . 068 ) of an hour
for each regular hour worked, or on paid leave, from the two hundred
thirty-fourth ( 234th) full pay period through the three hundred sixty-
fourth ( 364th) full pay period of employment . (Accrual rate
approximately three and one-half ( 3-1/2 ) weeks per year after nine ( 9 )
years of service . )
17
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3 . 1 ( e) At the rate of seventy-seven thousandths { . 077 ) of an
hour for each regular hour worked, or on paid leave , from the three
hundred sixty-fourth ( 364th) full pay period through the four hundred
ninety-fourth ( 494th) full pay period of employment . (Accrual rate
approximately four ( 4 ) weeks per year after fourteen ( 14 ) years of
service . )
i
18 . 1 ( f ) At the rate of eighty-seven thousandths ( . 087 ) of an
hour for each regular hour worked, or on paid leave , from the four
hundred ninety-fourth ( 494th) full pay period through the six hundred j
twenty-fourth ( 624th) full pay period of employment . (Accrual rate
approximately four and one-half ( 4-1/2 ) weeks per year after nineteen
( 19 ) years of service . )
18 . 1 ( g) At the rate of ninety-six thousandths ( . 096 ) of an hour
for e,= . regular hour worked, or on paid leave , from and after the six
hundr --wenty-fourth ( 624th) full pay period of employment . (Accrual
rate oximately five ( 5 ) weeks per year after twenty-four ( 24 ) years
of ser . _ce . )
18 . 1 (h) Effective July 1 , 1991 , the maximum vacation time which
can be accrued by a regular employee is five hundred ( 500 ) hours for
forty ( 40 ) hour per week employees , and seven hundred ( 700 ) hours for
twenty-four ( 24 ) hour shift employees .
18 . 1 ( 1) Effective July 1 , 1990 , for one time only, vacation
hours accumulated in excess of five hundred ( 500 ) hours , or seven
hundred ( 700 ) hours for shift employees , will be retained in a separate
time bank to be used by the employee in the same manner as regular
vacation time . Vacation hours retained in the time bank will not be j
upon effective date of the vacation maximum . on July 1 , 1991
e _ ned vacation hours in excess of the five hundred ( 500 ) or seven
hundred ( 700 ) hour maximums will not be accumulated. Between July 1 ,
1990 and July 1 1991 employees who are at the five hundred ( 500 )
or seven hundred ( 700 ) hour maximum should endeavor to reduce their
vacation balance by an amount greater than their annual vacation
accrual For such employees during the above dates , used vacation
time and vacation cash-outs will be deducted from the employee ' s
regular vacation accrual account .
18 . 1 ( 1 ) It is City policy that employees take their normal
vacation each year at such time or times as may be approved by the
Department .
18 . 1 (k) In the event of departmental cancellation of a previ-
ously scheduled vacation or of a paid leave of absence due to indus-
trial injury where such employee would exceed the maximum vacation �I
accrual the accumulation of vacation hours may exceed the seven hun-
dred ( 700 ) hour max rum In the event of a paid leave of absence due
to an illness or i.-.jury that is not job related, the Fire Chief may
approve the accumulation of vacation hours in excess of the seven
hundred ( 700 ) hour maximum whenever such excess accruals occur , the
18
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emplovee shall have one year from the date the vacation was cancelled
or from the date the employee returns to work from illness or injury to
utilize the excess accrual . Any excess accrual that remains at the end
of such period shall be forfeited .
18 . 1 ( 1h) A full pay period as used in this Article is defined as
one in which the employee works or is paid for time off for at least
�I
half of the regularly scheduled work hours .
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18 . 29 Vacation cannot be accrued while an employee is in a
non-pay status .
18 . 34 Vacations will be scheduled throughout the calendar
year. Employees with greater seniority will be given preference over
those with less seniority in the selection of a vacation period,
provided, however, that if the senior employee splits his vacation by
requesting less than a full year ' s allowance to be scheduled on
consecutive workdays , his preferential rights shall only apply on two
periods in that calendar year prior to all other employees being given
consideration in the selection of their first choice vacation period .
Up to two ( 2 ) employees may be off for vacation on the same shift .
18 . 45 The City shall not require an employee to take his vaca-
tion in lieu of sick leave or leave of absence on account of illness .
18 . 56 If a holiday which an employee is entitled to have off
with pay occurs on a workday during the employee ' s vacation period,
such employee will be entitled to an additional day of vacation and
will be compensated for same .
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18 . 64 Employees whose employment with the City is terminated
for any reason shall , at the time of termination, receive any unused
vacation period previously earned.
18 . 78 Except for twenty-four ( 24 ) hour shift employees , when-
ever any employee has accrued one hundred twenty ( 120 ) hours or more
vacation allowance as set forth in 18 . 1 ( a) - (h) , the City will at the
I
employee ' s option compensate the employee for up to forty ( 40 ) hours of
accumulated vacation during any fiscal year . Additionally, whenever
any employee has accrued two hundred forty ( 240 ) hours or more vacation
allowance as set forth in 18 . 1 ( a) - (h) , the City will , at the i
employee ' s option, compensate the employee for up to eight ( 80 ) hours
of accumulated vacation during any fiscal year . For twenty-four ( 24 )
hour shift employees , the numbers set forth above =hall be increased
proportionately by the same amount as the relation. .p of the twenty-
four ( 24 ) hour shift employee ' s average fifty-six ( hour week has to I'I
forty ( 40 ) hours per week for other employees .
ARTICLE 19
III
Uniforms
19 . 1 The uniform allowance of $450 . 00 334-A9 is normally paid in j
July of each year and is for the purpose of maintenance and replacement Ih
of uniforms for the ensuing fiscal year. The allowance is not a
reimbursement for the prior year. The first clothing allowance shall
be a prorated amount for that period of time from the employee ' s date
of employment to the following July 1 .
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19 . 2 The City shall pay the reasonable cost of repair or
replacement of uniforms , glasses , watches , or other personal property
up to two hundred dollars ( $200 ) , damaged in the course of employment .
This provision does not apply to items lost or damaged as a result of
negligence of the employee .
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ARTICLE 20
Miscellaneous
20 . 1 A regular or probationary employee who is summoned for jury b
duty and is thus unable to perform his regular duties will be paid for
the time lost at his regular rate of pay.
20 . 2 Any employee, at his request, shall be permitted to review
his own personnel file . The file may not , however, be removed from the
Personnel Office . At the employee ' s request or the request of his
representative with the employee ' s written authorization , photocopies
of information contained in the employee ' s personnel file will be
provided at the City' s expense .
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20 . 3 An employee who disagrees with the evaluator ' s statements or
conclusions with respect to the employee evaluation report shall have
the right to review such evaluation report with the City' s Director of
Personnel Services and, upon request , shall have the right to have a
Union representative present .
20 . 4 All shift trades shall be consummated within a three hundred
sixty-five day period. In the event an employee ' s employment is
terminated prior to this having consummated a shift trade with another
employee , the time he owes the other employee shall be deducted from
his final a check b the Cit and that same amount shall be aid over
� pay Y Y P
to the other employee .
20 . 5 Whenever disciplinary action against an employee is proposed
in the form of a suspension without pay, the employee may elect to work
an equivalent amount of time without pay rather than being suspended
without pay from his regularly scheduled duties .
20 . 6 The Union ' s labor representative and the City' s Director of
Personnel Services baler- Rel y—trir s may agree to limit the useful
lifetime of employee disciplinary documents .
20 . 7 Because of the nature of employees ' duties , all employees
shall be required to provide a personal telephone in their home at
their own expense .
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20 . 8 Whenever employees complete authorized courses taken for
credit with a passing grade, after advance approval by both the Fire
Chief and the Director of Personnel Services , the City shall reimburse
the employee for the actual expenses of tuition and the cost of
required textbooks ; provided, however, that the textbooks shall be
placed in City of Redding libraries as City property, and tuition
reimbursement shall be limited to $100 per student per semester .
20 . 9 Whenever any employee is subpoenaed to testify in court as a
i result of his employment and is thus unable to perform his regular
duties , he shall be paid for all regular time lost .
i 20 . 10 No less than two ( 2 ) employees covered by this
Memorandum of Understanding shall be assigned to each structure
firefighting unit One ( 1 ) of the two ( 2 ) assigned
employees per structure firefighting unit shall be a Captain one an
Engineer, and a third, if needed, a Firefighter. Btirtlermere-as-1exj
as-tke-E-rtrr -a-in3'R3ffl-ifn-9ta€€�iNg-�e�te�-o-€ -cirri { -e�n�-lo +ees-a
stat�eA-Njdfflbe-r-�D�-no--reee-than-three- l-oye� -)aY-#1-i9
Memeraxdxm-a€-tgaeieFstaxdixg-skalI-le-ass-ilxed-the re-
II 20 . 11 Attached hereto and made a part hereof is Exhibit "C"
entitled "Substance Abuse Policy. "
21
ARTICLE 21
Employee Benefit Programs
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21 . 1 Retirement Plan : All regular and probationary employees are
covered by a State of California Public Employees ' Retirement System
program pursuant to an existing contract with the Public Employees '
Retirement System . The major features are : two percent ( 2%) at age
fifty ( 50 ) ; normal retirement age fifty ( 50 ) ; one ( 1 ) year ' s
compensation in formula; 1959 Survivors Benefits ; Post-Retirement
Survivors Allowance; credit for unused sick leave; fifty percent ( 50% )
ordinary disability benefit; City pays seven percent ( 7%) of employee ' s
cost; and military service credit . Effective June 26 , 1988 the City
will increase its payment of the employee ' s cost to eight percent ( 8% ) ,
and effective June 25 , 1989 the City will increase its payment of the
employee ' s cost to nine percent ( 9%) .
21 . 2 ( a) Group Insurance : All regular employees and all proba-
tionary employees are eligible to participate in a group insurance
benefit program effective the first day of employment . The City shall
pay the full cost of the program for both employee and dependents . The
major elements of the group insurance benefit program are :
( 1 ) Life Insurance : Twice annual salary for employee , $3000
for employee ' s dependents .
( 2 ) Health Benefits : $100 deductible per person per year
except for accidents which shall have none , but shall
have a maximum benefit of $500 . 00 for each accident :
80% payable for each $5000 of eligible charges , except li
for hospital charges which are 100% payable; 100
thereafter up to one million dollars lifetime limit;
professional fees based upon U. C . R . ; normal typical
exclusions and limitations .
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( 3 ) Dental Benefits : No deductible and 100% of U. C. R. for
prevention; no deductible and fifty ( 50 ) percent up to i
two thousand dollars ( $2 , 000
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1.588 ) per lifetime per person for orthodontia; $25
deductible and 80% of U. C . R . up to $1500 per person per
year for all other eligible charges .
( 4 ) Long Term Disability: After three ( 3 ) months 60% of
employee' s salary integrated with all other income ben-
efits payable to age 65 . For those employees who
decline coverage in the City' s plan, and elect to be
covered by the Union ' s long term disability insurance
plan, the City will contribute to the Union ' s plan an
amount on behalf of the employee which is the lesser of
the full cost of the Union' s plan, or the amount of the
cost of the City' s plan .
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( 5 ) Vision Benefits : California Vision Service Plan A (or
its equivalent) for employees and dependents enly, which
provides for $25 deductible; an eye examination no more
than every twelve ( 12 ) months , and lenses and frames no
more often than each twenty-four ( 24 ) months .
The City may, if practicable, modify the group insurance program set
forth above by adding utilization review and by creating preferred
provider organization programs which create financial incentives for
the employees to use such preferred provider services but do not reduce
any current benefit level or impose any penalty for the employee who
chooses not to use a preferred provider ' s services .
21 . 2 (b) The City will pay fifty percent ( 50%) of the group
medical insurance premium for each retiree and dependents , if any,
presently enrolled and for each retiree in the future who goes directly
from active status to retirement and continues the group medical
insurance without a break in coverage . Payments by the City will be
discontinued upon the death of the retiree or upon termination of group
medical insurance coverage . The City will not contribute payments on
behalf of any retiree except as set forth above . Following the death
of a retiree the surviving spouse , if any, may continue the insurance
at their own expense until becoming eligible for participation in any
other group insurance program. Notwithstanding the foregoing, the City
may increase its contribution to the retiree ' s group insurance premium
or improve Public Employees ' Retirement System benefits during the term
it of this Memorandum of Understanding.
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21 . 2 ( c) Whenever any employee has treatments for mental or ner-
vous disorders for which there is partial payment under the health
benefit provision set forth in 21 . 2 ( a) 2 . above, the City will supple-
ment such benefits to one hundred percent ( 100%) payment for up to
twelve ( 12 ) visits for treatment, provided the employee submits the
necessary documentation to support the expense and request for reim-
bursement to the Personnel Office . The City may refer employees for
psychiatric counselling or evaluations .
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ARTICLE 22
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Entire Agreement
22 . 1 The parties acknowledge that during the negotiations which
resulted in this Memorandum of Understanding each had the unlimited
right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the scope of negotiations ,
1 and that the understandings and agreements arrived at by the parties
after the exercise of that right and opportunity are set forth in the
Memorandum of Understanding. Therefore, the City and the Union, for
the duration of this Memorandum of Understanding, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall
not be obligated to bargain with respect to any subject or matter
referred to, or covered in this Memorandum of Understanding, or with
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respect to any subject or matter not specifically referred to , or
covered in this Memorandum of Understanding, even though such subjects
or matters may not have been within the knowledge or contemplation of
either or both of the parties at the time they negotiated or signed
this Memorandum of Understanding. Any other prior existing
understanding or agreements by the parties , whether formal or informal ,
regarding any such matters are hereby superseded or terminated in their
entirety.
ARTICLE 23 b
Term
23 . 1 This Memorandum of Understanding, having taken effect as of
July 1 , 1974 , and having thereafter been amended from time to time
shall continue in full force and effect until the first day of July,
1994 }993 +998 , and thereafter from year to year unless written notice
of change or termination shall be given by either party ninety ( 90 )
days prior to the expiration date above or the expiration date of any
year thereafter, except , however, that the amendments scheduled to be
effective on April 6 , 1993 Jhme-247-+998 damhdry-84;-4988 , and there-
after, shall only become effective with approval of the City Council of
City. Notwithstanding the foregoing, however, whenever the public ' s
need for fire protection service is not met by off-duty personnel
following an all-call paging for a major emergency, the City may be
giving written notice to the Union reopen negotiations on the subject
of establishing procedures for off-duty employee response necessary to
meet the public ' s need for fire protection service .
23 . 2 Whenever notice is given for changes , the general nature of
the changes desired must be specified in the notice, and until a
satisfactory conclusion is reached in the matter of such changes , the
original provision shall remain in full force and effect .
23 . 3 This Memorandum of Understanding shall not be amended or
supplemented except by agreement of the parties hereto, reduced to j
writing and duly signed by each.
23 . 4 Any provision of this Memorandum of Understanding which may
be in conflict with any Federal or State law, regulation or executive
order shall be suspended and inoperative to the extent of and for the
duration of such conflict; the balance of this Memorandum of
Understanding, however, shall remain in full force and effect . The
parties may, however, by mutual agreement reopen negotiations on the
impact of any conflict .
24
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IN WITNESS WHEREOF, the parties have executed these Amendments to
the Memorandum of Understanding on the day of ,
1993 , to be effective April 6 , 1993 .
II
it CITY OF REDDING REDDING FIREFIGHTERS,
LOCAL 1934 , I .A. F . F .
/Robert M. Chris;t,6'fferson Bob Roberts
City Manager Labor Representative, California
State Firemen' s Association, Inc .
;I ----------
Samuel S . McMurry Ronald G. Keown
Assistant City Manager President
Paul F. Bailey -'Ken Pierce, Chairman
Fire Chief Negotiating Committee
A-
,S' , es Gam. Bristow Paul F. Len ma
Director of Personnel Services Negotiator
Richard F . Bate
Negotiator
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EXHIBIT "A"
P
SC*IEDULE OF WAGE RATES
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Effective June 24, 1999 it
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Ho).iriy Pay Rate - Salary Sten
1 2 2 4 5
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Firefighter 7 .87 8.29 8.70 9. 14 9. 61
F_re Engineer 8.59 9.04 9.43 9.94 10.44 10.97 i1 .53
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Fire Prevention
Inspector 10.77 11 . 31
F" re Prevention
Inspector 15. 13* 15.87*
Fire Captain 10.94 11..51 12. 12 12.72 13.35
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140-ho,-:r week
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A1' other rates are for a 56-hour week
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IAS FSALC.HG/PET)MIB/PETXDO
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EXHIBIT "B"
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CTTY OF REDDING CLASS SPECIFICATION
FIREFIGHTER
DEFINTTION:
') Under immediate supervision, performs all types of fire suppression,
prevention, and emergency medical rescue work; promotes fire prevention and
code enforcement.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this class perform both probationary and journey-level
firefighting and fire prevention work. When initially employed, incumbents may
not have prior practical firefighting experience and are expected to
successfully complete an entry level firefighter training program as
established by the City of Redding. Firefighters are expected to perforr the
full range of fire suppression, safety and prevention duties assigned to the
I' class and to learn journey-level skills in all areas of work assigned. This
classification is distinguished from the Fire Eng Lneer classification in that
the Fire Engineer is responsible for the operation and maintenance of fire
,i apparatus and related equipment.
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EXAMPLES OF DUTIES:
NOTE: The following are the duties performed by employees ir. thi
classification. However, employees may perform other relates
duties. Not all duties listed are necessarily performed by each
individual in the classification.
i . Responds to reported emergencies with a co=any on a fire apparatus.
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Measures - Conformance to training standards.
2 . Rescues persons endangered by fire and other hazes-ds .
Meas-:res -Responsiveness to orders and procedures.
3 . Operates hose streams; perfo=s ventilation, salvage and overhaul to
extinguish fires and minimize damage.
Measures - Responsiveness to orders and procedures.
4. Performs first aid, resuscitation, and defibrillation ( if trai.-Inc is
appropriate) .
Measures - Application of accepted medical protocols.
5. operates firefighting equipment and medical res^ue equipment.
Measures - Safety record, knowledge of district and City streets, training
record.
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CITY OF REDDING CLASS SPECIFICATION
j
FIREFIGHTER (Cont'd)
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6. Inspects housing, industrial and commercial occupancies, writes notices of
hazards and makes re-inspections; conducts home safety checks.
Measures - Application of appropriate fire code. l
7 . Presents fire and lift safety education programs; conducts tours of
the fire station.
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Measures - Acceptance by public.
B. Participates in firefighting tactics and physical training.
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Measures - Follows routine and orders as established.
9 . Keeps records and prepares reports.
Measures - Follows accepted practices.
10. Participates in pre-fire planning with the company.
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Measures - Number of pre-fire plans.
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11 . Maintains fire station.
Measures - Condition of station.
12 . Performs related duties as assigned.
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Measures - Quantity and quality of additional work.
QUALIFICATIONS:
Knowledoe of :
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Modern fire prevention and suppression principles methods and equip-ent;
principles of hydraulics as applied to firefighting equipment; construction anc.
operation of private and public water supplies, standpipes, fire pumps, aerie_
ladders, elevating platforms; all City and outlying streets and the Iccal_on
Of fire hydrants and fire department connections in the distric- ; Fecer�—_
State and local vehicle safety regulations.
C
Ability to:
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Interact effectively with the public and employees; remain calm and safe during
emergency conditions; pass the medical examination, including vision a-.c
hearing examinations, and perform the required physical fitness tests for t`e
position; maintain effective working relationships with fellow employees and
the public.
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CITY OF REDDING CLASS SPECIFICATION
FIREFIGHTER (Cont' d)
Education:
Any combination of training and experience that provides the required
knowledge, skills, and abilities is qualifying; typical education would include
a high school diploma, equivalent of A.A. Degree in Fire Technology, or 60
'I semester units from an accredited college or equivalent.
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Experience:
No prior experience required.
j Special Requirements:
'i S, a}e Certified Firefighter I and either Emergency Medical Technician I or
First Responder.
Possession of the appropriate California driver' s license, or the ability to
aca-.:ire one within ter: days of appointment.
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Employees hired after June 24, 199C or current employees whc subsequently
change residence must reside within twenty-five (25) miles of the City of
Redding city limit.
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CITY OF REDDING CLASS SPECIFICATION
FIRE ENGINEER
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DEFINITION:
Under general supervision, performs all types of fire suppression, (�
prevention, and emergency medical rescue work; promotes fire prevention and
code enforcement.
DISTINGUISHING CHARACTERISTICS:
f,ositions assigned to this class perform journey-level firefighting and fire
prevention work. Incumbents are expected to have successfully completed the
appropriate .-aining programs as established by the City of Redding. Fire
Encineers az xpected to perform the full range of fire suppression, safety
and prevent _ duties assigned to the c`_ =ss and to perform journe -level sk:lis
in all areae _ work as::igned. The F- e Engineer is respons--Dle for the
operation and maintenance of fire apparatus and related equipment. The Fire
Engineer is the primary driver and pump operator of fire apparatus in t:.e j
department.
EXAMPLES OF DUTIES:
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NOTE: The following are the duties performed by employees in this
classification. However, employees may perform other related
duties. Not all duties listed are necessarily performed by eac-.
individual in the classification.
1 . Responds to reported emergencies with a company on a fire apparatus . l
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Measures - Conformance to training standards.
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2 . Rescue., persons endangered by fire -nad other hazards.
Measures - Responsiveness to orders and procedures.
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3. Operates hose streams; performs ventilation, salvage and overhaul tc I'
extinguish fires and minimize damage. I;
Measures - Responsiveness to orders and procedures.
A . Performs first aid, resuscitation, and defibrillation.
Measures - Application of accepted medical prctocols.
5. Operates all firefighting vehicles, equipment, apparatus and medic=:
rescue equipment.
Measures - Safety record, knowledge of district and City streets, training
record.
6. Inspects housing, industrial and commercial occupancies, writes notices of
hazards and makes re-inspections; conducts home safety checks. I.
Measures - Application of appropriate fire code.
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CITY OF REDDING CLASS SPECIFICATION
i
FIRE ENGINEER (Cont'd)
7 . Presents fire and lift safety education programs; conducts tours of
the fire station.
Measures - Acceptance by public.
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S. Participates in firefighting tactics, apparatus operation, and physical
i training.
j Measures - Follows routine and orders as established.
9. Calculates hydraulic calculations for fireground operations.
Measures : Calculations are accurate.
10. Keeps records and prepares reports.
Measures - Follows accepted practices.
11 . Participates in pre-fire planning with his company.
Measures - Number of pre-fire plans.
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12 . Maintains fire station.
Measures - Condition of station.
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13. Performs related duties as assigned.
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Measures - Quantity and quality of additional work.
QUALIFICATIONS:
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Knowledge of :
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Modern Lire prevention and suppression principles methods and equipment;
principles of hydraulics as applied to firefighting equipment and apparatus;
construction and operation of private and public water supplies, s_andpipes,
,`ire pumps, aerial ladders, elevating pla*forms, ancd a-, 1 equipmen- provided on
fire apparatus; all City and outlying streets and the ioca--ion of f�re hydrants
.; and fire department connections in the district; Federal, State and loca-
vehicle safety regulations applicable to the operation of fire apparatus.
Ability to:
Interact effectively with the public and employees. Efficiently operate all
apparatus, including pumping engines, aerial ladders, elevating platforms anti
ll other special motorized apparatus; accurately calculate hydraulics and develop
effective hose streams during emergency conditions; drive and operate apparatus
calmly and safely during emergency conditions; pass the medical examination,
including vision and hearing examinations, and perform the required physical
j fitness tests for the position; perform tests and preventative maintenance
required for apparatus; maintain effective working relationships with fellow
employees and the public.
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CITY OF REDPING CLASS SPECIFICATION tl
FIRE ENGINEER (Cont'd)
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Education:
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Any combination of training and experience that provides the required
knowledge, skills, and abilities is qualifying; typical education would include
a high school diploma, equivalent of A.A. Degree in Fire Technology, or 60
semester units from an accredited college or equivalent, arid certified as an
Emergency Medical Technician I, or certified as a First Responder D.
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Ex,e.rience:
Typical experience would include three years of relevant experience with the
department.
Special Rec-_irements:
Satisfactory compietion of State Certified Firefighter II and state certified
pi_mp operation lA and B or its equivalent.
Possession of the appropriate California driver's license.
Employees hired after June 24, 1990 or current employees who subsequently
change residence must reside within twenty-five (25) miles of the City of
Redding city limit.
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CITY OF PBDDING CLASS SPECIFICATION
FIRE PREVENTION INSPECTOR
DEFINITION:
Under general supervision performs code enforcement; inspection of all
business licenses that are issued in the City for initial and follow-up
inspections to assure business compatibility with building occupancy;
inspection of homes for the elderly and day care homes which require special
licensing
DISTINGUISHING CHARACTERISTICS:
Thi is a jo,rney level class within the Fire Department. Employees within
this class perform the full range of fire prevention inspection duties with
only occasional instruction or assistance and are fully aware of the operating
procedures ani policies of the department .
EXAMPLES OF DUTIES:
NATE: The following are the duties performed by employees in this
it classification. However, employees may perform other related duties .
Not all duties listed are necessarily performed by each individual in the
classification.
1 . Inspection of premises for issuance of business licenses .
Measures - Number of licenses issued.
Investigation of all types of fires.
Measures - Number of investigations.
Lj 3. Code enforcement for building, plumbing, electric and related and
appropriate fire codes .
Measures - Number of inspections.
4. Weed abatement.
Measures - Number of abatements.
5. Abatement of abandoned automobiles.
a Measures - Number of automobiles.
E . Writinc cf related reports.
Measures - Number of reports written.
7 . Performs related duties as assigned.
Measures - Quality d quantity of additional work.
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CITY OF REDDING CLASS SPECIFICATION f
FIRE PREVENTION INSPECTOR (Cont'd) I,
QUALIFICATIONS:
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Knowledge of:
6
All appropriate Building Codes, Fire Codes, and City policies and
regulations; investigation techniques; and instructor training procedures.
Ability to:
lr.teractef_`ectively with the public and employees. Carry out all assigned
responsibilities with skill, efficiency, and accuracy.
Education:
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Any combination of training and experience that provide,. t}ie re(:;-uirea
knowledge, skills, and abilities is qualifying; typical education would
include a high school diploma, an Associate of Arts degree i; Fire Science
from an accredited college, or equivalent, and additional course work, or
training in the Uniform Building and Fire Codes.
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Experience:
Typical experience would include three years experience in fire suppression.
Special Requ_rements:
Possession of the appropriate California driver' s license, or ability to
acq,.:ire one within ten days of appointment.
Employees h-red after June 24, 1990 or current employees who subsequently
change residence mu-st reside within twenty-five (25) miles of the City of
Redding city limit.
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77 'Y DF REDDING CLASS SPECIFICATION
TIKE CAPTAIN
DEFINITION:
Under direction, serves as the officer in charge of a fire company with
responsibilities for the control, direction, and disciplining of company
personnel, and for the care, operation, and maintenance of all property
assigned to the company; directs the activities of company personnel at scenes
of fire, medical emergencies and rescues.
DISTINGUISHING CHARACTERT_STICS:
The Fire Captain is responsible for the supervision of an assigned fire comYany
and coordination of activities of the Fire Engineers and Firefighters. The
Fire Captain is distinguished from the Fire Battalion Chief in that the utter
are directly responsible for the continuous supervision, management and the
cocurdination of activities of an assigned shift of personnel .
LK MPLES OF DUTIES:
NOTE: The following are the duties performed by employees in this
classification. However, employees may perform other related duties. Not
all duties listed are necessarily performed by each individual in the
classification.
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i . Responds to fire, medical, and other emergency incidents.
Measures - Speed and responsiveness to the emergency.
2 . Makes decisions as to methods of dealing with the emergency, including
deplcyment of personnel and apparatus.
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j Measures - Decisions are based on fire department rules and regulations
and professional standards.
3. Directs fire suppression, rescue, first aid, and salvage operations until
relieved of command by a superior officer.
Measures Direction is in conformance with department rules an"-
regulations
ndregulations and proper safety precautions are utilized.
4. Plans, supervises and participates in inspecticns of bu_lding an-
fire safety systems as req-,sired by
installations for fire hazards, and i y Y
local, State and Federal laws.
Measures - Compliance to appropriate statutes.
5. Schedules and directs station, apparatus, hose and hydrant maintenance
programs.
IIMeasures - Working condition of equipment remains in working order and
i useful life is extended.
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CITY OF REDDING CLASS SPECIFICATION l
FIRE CAPTAIN (Cont'd) �
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6. Inspects and evaluates station personnel and maintains discipline.
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Measures - Employee morale and performance is maintained at a �I
consistently high level.
-7 . Instructs and drills company personnel in fire fighting and fire
prevention methods, techniques, and related areas.
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Measures - Personnel are kept up to date on current trends and methods.
a. Plans and schedules work assignments of station, or battalion personnel.
Measures - Efficient and judicious use of personnel. �I
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g. Prepares and maintains records and reports.
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Measures - Records and reports are accurate and completed in a t1:._1y p
fashion.
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:0. Performs related fire service duties as assigned.
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QUALIFICATIONS:
Knowledge of :
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Advanced methods and techniques of fire fighting, fire prevention and emerger,cr
medical services; the operation and maintenance of fire fighting eq.:ipmenr , II
apparatus, and specialized materials; Federal, State, and City laws pertain--q
to fire protection; mechanical, chemical and related characteristics of a wi-de
variety of materials, such as flammable liquids, and explosives; department I,
rules, regulations, and policies.
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Ability to:
Interact effectively with the public and employees. Evaluate emergency l
situations calmly, quickly, rationally and determine effective course( s) of
action; organize and direct the work of others, and maintain discipline �..�
morale; train personnel; operate fire apparatus and auxiliary eq.:ipment; keen
records and make reports; maintain physical fitness requirements as prescr--
by the Fire Department. I'
Educaticn:
Any combination of training and experience that provides the reqL�_rec
knowledge, skills, ar:d abilities is qualifying; typical education would include
a high school diploma, Associate of Arts Degree in Fire Technology.
Experience:
Typical experience would include a minimum of five years of fire fighting
experience in the Redding Fire Department.
CITY OF REDDING CLASS SPECIFICATION
'i FIRE CAPTAIN (Cont'd)
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Special Requirements:
Satisfactory completion of EMT ID or First Responder D.
Satisfactory completion of any 6 of the State of California Certified Fire
Officer training program courses.
Possession of the appropriate California driver's license, or the ability to
acquire one within ten days of appointment.
Employees hired after June 24, 1990 or current employees who subsegsently
change residence must reside within twenty-five (25) miles of the City of
Redding city limit.
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June 29 , 1990
EXHIBIT "C"
ALCOHOL AND DRUG ABUSE POLICY
C
City of Redding
Z PURPOSE I
The purpose of this policy is to comply with the Drug Free Work
Place Act of 1988 as passed by Congress . HR5210 requires that I
all Federal grant recipients, including cities, establish an
anti-drug policy for the work place.
HR5210 requires the City to:
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1 . Establish a drug free awareness program for repre-
sented Fire employees.
2 . Publish a notice to all represented Fire employees
specifying that drugs are illegal in the work place
and that action will be taken for violations .
3 . Provide each represented Fire employee directly
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involved in the performance of a federal grant with a
copy of said notice. jl
4 . Make employment conditional upon compliance with this
policy and require the represented Fire employee to
notify the employer within five working days of a
conviction due to a drug related offense occurring in
the work place.
5 . Notify the applicable granting federal agency within j
ten days of a represented Fire employee' s conviction
due to a drug related offense occurring in the work
place.
6 . Sanction represented Fire employees for violation !!
and/or require participation in a treatment program.
7 . Make a good faith effort to maintain a drug free work
place by following the above requirements.
In addition to the fact that such requirements are established I'
by law, a drug free policy is appropriate in that it attempts I,
to ensure that represented Fire employees are able top erform
their duties safely and efficiently. While the City of Redding
has no intention of intruding into the private lives of its
represented Fire employees, it does believe that involvement
with drugs and alcohol can take its toll on job performance and
represented Fire employee safety.
A key element of this policy is rehabilitation. Employees who
believe they have a problem are urged to contact the Personnel
Department for referral to community resources. Employees do
not have to reveal their specific problem in order to take
advantage of counseling services .
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Alcohol and Drug Abuse Policy
Page 2
The key focus of this policy is prevention through educating
represented Fire employees on the dangers of alcohol and drug
abuse, and rehabilitation for those who have such problems .
Any disciplinary actions will be evaluated on a case-by-case
basis and shall be used as a last resort after rehabilitation
efforts have failed.
II POLICY
It is City policy that represented Fire employees shall not be
under the influence of alcohol or drugs while on duty, nor
possess alcohol or drugs while on City property, or at work
locations, or in uniform, nor shall represented Fire employees
sell or provide drugs or alcohol to any other represented Fire
employee or to any person while such represented Fire employee
is on duty, nor shall any represented Fire employee have their
ability to work impaired as a result of the use of alcohol or
drugs when reporting for work.
while use of medically prescribed drugs is not a violation of
this policy, failure by the represented Fire employee to notify
his or her supervisor before beginning work when taking drugs
which foreseeably interfere with an effective performance of
duties or operation of City equipment, can result in discipline
up to and including termination. In the event there is a
question regarding a represented Fire employee' s ability to
safely and effectively perform assigned duties while using such
medication, clearance from the treating physician may be re-
quired.
Refusal to submit immediately to an alcohol and/or drug analy-
sis when requested by City management or law enforcement
personnel, as a result of reasonable suspicion, may constitute
insubordination and may be grounds for discipline up to and
including termination.
Employees reasonably believed to be under the influence of
alcohol or drugs shall be prevented from engaging in further
City work and shall be detained for a reasonable time until he
or she can be safely transported from the work site.
Higher standards may be promulgated based upon specific job
requirements as determined by City management.
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III APPLICATION
This policy applies to all represented Fire employees and to
all applicants for positions with the City. This policy
applies to alcohol and to all substances, drugs or medications,
legal or illegal, which could impair a represented Fire em-
ployee' s ability to effectively and safely perform the func-
tions of the job.
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Alcohol and Drug Abuse Policy
Page 3
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IV EMPLOYEE RESPONSIBILITIES
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A represented Fire employee must:
a. Not report to work while his or her ability to
perform job duties is impaired due to on-duty or
off-duty alcohol or drug use. I;
b. Not directly, or through a third party, sell or
provide drugs or alcohol to any person, including any
represented Fire employee while either represented li
Fire employee or both represented Fire employees are
on duty.
C . Submit immediately to an alcohol and/or drug test
when reasonable suspicion of alcohol and/or drug use
exists on the job and when requested by a responsible
City representative. j
d. Notify his or her supervisor before beginning work
when taking any medications or drugs, prescription or
non-prescription, which may interfere with the safe
and effective performance of duties including opera-
tion of City equipment.
e . Provide within 24 hours of request bonafide verifi-
cation of a current valid prescription for any
potentially impairing drug or medication identified
when a drug screen is positive.
f . Notify the City of Redding within five working days
after being convicted of any drug related offense
occurring in the work place .
g. Notify the appropriate first-line supervisor upon
observation of another represented Fire employee
whose behavior and/or physical characteristics are
reasonably suspicious and harmful to himself/herself
and/or others .
V MANAGEMENT RESPONSIBILITIES AND GUIDELINES
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a. Managers and supervisors are responsible for understanding
this policy and applying it without bias or prejudice .
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b. Managers and supervisors must avail themselves of training
on the employer' s role in handling the special problems of
represented Fire employees who suffer from alcohol or drug
dependen.-
c . Managers ad supervisors may request that a represented
Fire employee submit to a fitness-for-duty examination
when there is reasonable suspicion that a represented Fire
employee is impaired, and is unable to perform the job
duties required in a safe and efficient manner. When
doing so, the manager or supervisor is required to
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itAlcohol and Drug Abuse Policy
Page 4
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document, in writing, the facts and circumstances leading
to the reasonable suspicion that the represented Fire em-
ployee was impaired and could not perform safely on the
job. (Note: First-line supervisors should consult with
their supervisors , department directors and Director of
Personnel, and a joint decision should be made as to
whether or not the represented Fire employee should
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undergo a fitness for duty medical examination. )g Y
d. When there is a reasonable suspicion that the represented
Fire employee is impaired, the manager or supervisor must
i attempt to detain the represented Fire employee until the
represented Fire employee can be safely transported from
the work place . If the represented Fire employee refuses
to submit to the fitness-for-duty examination, or attempts
to leave before safe transport can be found, the manager
or supervisor shall remind the represented Fire employee
J of the requirements and disciplinary consequences of this
policy.
e . Managers and supervisors shall notify their department
directors or designee, when there is reasonable suspicion
that a represented Fire employee may have illegal drugs in
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his or her possession. If the department director or
designee concurs that there is reasonable suspicion of
illegal drug possession, the department director shall
notify the appropriate law enforcement agency.
f . Department Heads and supervisors must use the reasonable
suspicion standards in determining whether a fitness-
for-duty examination is warranted. Examples of what could
lead to a reasonable suspicion of impairment are: 1 )
slurred speech; 2) alcohol odor on breath; 3 ) unsteady
walking and movement; 4 ) size of pupils and their reaction
to light; 5) an accident involving City property; 6 )
verbal altercation; 7 ) unusual behavior; 8) possession of
alcohol or drugs; and 9) information obtained from a
reliable person with personal knowledge. The above is not
an exclusive list, but is used for example only.
VI PHYSICAL EXAMINATION AND DRUG SCREENING PROCEDURES
The drug and/or alcohol screening may test for any substance
which could impair a represented Fire employee' s ability to
effectively and safely perform the functions of his or her
assigned job duties, including but not limited to prescription
medications, heroin, cocaine, barbiturates, amphetamines,
marijuana, and alcohol. The examination will be conducted by a
licensed physician in a local medical facility. The drug
testing will be conducted by a licensed toxicologist in a
laboratory identified as having met all legal requirements for
performing such tests .
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Alcohol and Drug Abuse Policy
Page 5
Results of drug and/or alcohol analysis:
a. Pre-Employment Physicals .
All applicants for employment with the City of
Redding are subject to drug/alcohol screening during
pre-employment physicals.
1 . A positive result from a drug and/or alcohol
analysis may result in postponement or denial of
an applicant' s appointment where the applicant' s
use of alcohol and/or drugs violate requisite
job standards or could impede performance of
duties or responsibilities.
2 . If a drug screen is positive at the pre-employ- li
ment physical, the applicant must provide bona
fide verification of a valid current prescrip-
tion for the drug identified in the drug screen
within 24-hours after being informed of the test
results, unless geographical restrictions
prevent it. Further, the applicant must provide
a prescription in his or her own name. Should
geographical restrictions prevent local testing
and/or local verification of prescription, these
same requirements must be on record as having
been confirmed within 24 hours at similarly
licensed office(s) at or near the individual' s
geographic location. The applicant is elimi-
nated from the selection process if the re-
quirements of this paragraph cannot be met.
b. During Fit-For-Duty Examinations.
1. A positive result from a drug and/or alcohol
analysis may result in disciplinary action, up
to and including discharge.
2 . If the drug screen is positive, the represented
Fire employee must provide, within 24-hours of
request, bonafide verification of a valid
current prescription for the drug identified in
the drug screen. The prescription must be in
the represented Fire employee ' s name.
3 . If an alcohol or drug test is positive, the
manager or supervisor and the Director of
Personnel shall review the represented Fire
employee' s record to make a determination as to
the possibility of rehabilitation for the
purpose of returning the represented Fire
employee to his or her assignment; or, after
following rehabilitation, whether to reassign
the represented Fire employee or precede with
disciplinary action, up to and including
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Alcohol and Drug Abuse Policy
Page 6
discharge. A positive test for an illegal drug
will be considered impairing to the represented
Fire employee' s ability to perform his or her
job, and therefore the corrective provisions of
this policy will apply
VII CONFIDENTIALITY
Laboratory reports or test results shall not appear in the
represented Fire employee' s general personnel folder. An
j employee may authorize release of such information to his or
her designated labor representative. Information of this
nature will be contained in a separate confidential medical
folder and securely kept under the control of the Director of
Personnel. Reports of test results may be disclosed to the
City Manager, or his designee, and the Fire Chief strictly on a
need-to-know basis, and to the tested represented Fire employee
upon request. Disclosures without represented Fire employee
it (patient ) consent may also occur when:
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1 . The information is compelled by law or by judicial or
administrative process.
2 . The information is to be used in administering an
represented Fire employee benefit plan.
3 . The information is needed by medical personnel for
the diagnosis or treatment of the patient who is
unable to authorize disclosure.
VIII APPEAL PROCESS
Pre-Employment Physical Testing.
Candidates whose test results indicate there are substances
present and render them impaired are consequently eliminated
from the selection process, and may:
1 . Submit a written explanation accompanied by any
substantiating documentation ( i.e. prescriptions or
doctor' s or rehabilitation counselor' s recommenda-
tions) within 48 hours of receiving the results .
Written explanation and any attached documents will
be reviewed by the doctor in charge of the candi-
date' s examination, and a recommendation will be made
to the Director of Personnel, whose decision shall be
final.
2 . Request that the facility that the City of Redding
has contracted with re-test the sample. The re-test
will be at the applicant' s expense. If the results
of the re-test contravene the results of the first
'I test, the City of Redding will reimburse the appli-
cant for the cost of the re-test.
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Alcohol and Drug Abuse Policy
Page 7
The City of Redding maintains the right to request
that a third test be conducted using the same sample.
In instances where the results of the second test
contravene the results of the first, the results of
the third test will be the deciding factor.
Fit-For-Duty Examinations .
Employees whose tests results are positive, and who are conse-
quently facing disciplinary action may:
1 . Submit a written explanation, accompanied by any j
documentations justifying the substance . Prescrip-
tions currently in use must be submitted within
24-hours, but the written explanation accompanied by
the prescription and any written recommendations
submitted by a doctor or rehabilitation counselor may j
be submitted within 48-hours of the test results .
The doctor conducting the fit-for-duty examination
will review the explanation and documentation and
make a recommendation to the Director of Personnel,
who will forward his recommendation to the City
Manager whose decision will be final.
2 . Request a meeting with applicable union representa-
tive, supervisor and the Director of Personnel to �I
discuss the possibilities of rehabilitation for the
purpose of retaining employment with the City of
Redding. Each case will be handled on an individual
basis . However , the principle of offering rehabili-
tation as a first resort and disciplinary action as
last resort will govern.
3 . Employees may request a re-test , from the same
sample, by the facility with which the City of
Redding has contracted, at his or her own expense .
If the re-test results contravene the first test
results, the City will reimburse the represented Fire
employee the cost of the re-test.
The City of Redding maintains the right to request
that a third test be conducted using the same sample
in instances where the results of the second test
contravene the results of the first. Results of the i
third test will combine with those of the first two
to form the deciding factor.
4 . Probationary represented Fire employees , who are
rejected during probation for substance abuse, may
request a liberty hearing if they feel their reputa-
tion in the community has been adversely affected.
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Alcohol and Drug Abuse Policy
Page 8
IX SUMMARY
The City will conduct drug and alcohol awareness programs,
presented by the Personnel Department. These programs will
include prevention and detection methods , with emphasis on
maintaining a drug free work place. Additionally, printed
material will be given to all represented Fire employees
explaining the dangers of alcohol and drug abuse. All repre-
sented Fire employees will be given a copy of this policy.
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