HomeMy WebLinkAboutReso 2023-073 - Adopting MOU and Salary Exhibits between the City of Redding and International Association of Fire Fighters, Effective July 9, 2023RESOLUTION NO. 2023-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ADOPTING THE MEMORANDUM OF UNDERSTANDING AND
SALARY EXHIBITS BETWEEN THE CITY OF REDDING AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, EFFECTIVE
JULY 9, 2023
WHEREAS, International Association of Fire Fighters (IAFF) 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 Memorandum of Understanding between the City of Redding and
IAFF; and
WHEREAS, the designated representatives of the City of Redding engaged in good faith
bargaining regarding terms and conditions of employment with the designated representatives of
IAFF as required by the provisions of the Meyers-Milias-Brown Act of 1968, resulting in the
proposed Memorandum of Understanding and Salary Exhibits, attached hereto; and
WHEREAS, staff recommends adoption of said Memorandum of Understanding and
Salary Exhibits; and
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such
recommendation;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Redding that the comprehensive Memorandum of Understanding governing the period of July 9,
2023, and ending December 31, 2024, and accompanying Salary Exhibits are hereby adopted
effective July 9, 2023.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a
regular meeting of the City Council of the City of Redding on the 18th day of July, 2023, by the
following vote:
AYES:
COUNCIL MEMBERS: - Audette, Mezzano, Munns, and Winter
NOES:
COUNCIL MEMBERS: - Dacquisto
ABSENT:
COUNCIL MEMBERS: - None
ABSTAIN:
COUNCIL MEMBERS: - None
ATTEST:
SHARLENE TIPTON, City Clerk
MICHAEL DACQUISTO, Mayor
FORM APPROVED:
BARRY E. DeWALT, City Atforney
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:
April 6, 1993 to be effective April 6, 1993
AMENDED:
January 3, 1995 to be effective July 1, 1994
AMENDED:
October 7, 1997 to be effective July 1, 1997
AMENDED:
June 21, 2002, to be effective January 1, 2001
AMENDED:
February 20, 2007, to be effective January 28, 2007
AMENDED:
September 20, 2011, to be effective September 21, 2011
AMENDED:
December 21, 2018, to be effective January 1, 2018
AMENDED:
July 18, 2023, to be effective July 9, 2023
TABLE OF CONTENTS
ARTICLE1:
PREAMBLE...........................................................................................................3
ARTICLE 2:
RECOGNITION.....................................................................................................4
ARTICLE 3:
UNION SECURITY...............................................................................................5
ARTICLE 4:
GRIEVANCE PROCEDURE.................................................................................5
ARTICLE 5:
SAFETY.................................................................................................................8
ARTICLE 6:
DISABILITY AND UNEMPLOYMENT..............................................................8
ARTICLE 7:
EMPLOYEE STATUS...........................................................................................8
ARTICLE 8:
WAGES AND CLASSIFICATIONS.....................................................................9
ARTICLE 9:
HOURS AND OVERTIME..................................................................................12
ARTICLE 10:
SENIORITY........................................................................................................14
ARTICLE 11:
PROMOTION AND TRANSFER.......................................................................15
ARTICLE 12:
DEMOTION AND LAYOFF..............................................................................16
ARTICLE 13:
LEAVE OF ABSENCE.......................................................................................17
ARTICLE 14:
EXPENSES..........................................................................................................17
ARTICLE 15:
SICK LEAVE......................................................................................................18
ARTICLE 16:
FUNERAL LEAVE.............................................................................................19
ARTICLE 17:
HOLIDAYS.........................................................................................................20
ARTICLE 18:
VACATIONS......................................................................................................21
ARTICLE 19:
UNIFORMS.........................................................................................................22
ARTICLE 20:
MISCELLANEOUS............................................................................................23
ARTICLE 21:
EMPLOYEE GROUP HEALTH AND WELFARE BENEFIT PROGRAMS ...
27
ARTICLE 22:
ENTIRE AGREEMENT......................................................................................31
ARTICLE 23:
TERM..................................................................................................................31
EXHIBITS
EXHIBIT "A" - SCHEDULES OF WAGE RATES
EXHIBIT "B" - CITY OF REDDING CLASS SPECIFICATIONS
EXHIBIT "C" - PERFORMANCE EVALUATION RATING SYSTEM
EXHIBIT "D" - EMPLOYEE MOU GRIEVANCE FORM
EXHIBIT "E" - EMPLOYEE DISCIPLINARY (SKELLY) APPEAL FORM
EXHIBIT "F" — FIREFIGHTER'S PROCEDURAL BILL OF RIGHTS ACT
EXHIBIT "G" — ANNUAL PHYSICAL CERTIFICATION FORM
NOTE: Amendments are shown by underlining the new language and striking out the
deleted language.
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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 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
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, race, color, sex,
sexual orientation, citizenship status, marital status, ethnicity, age (for people 40 and older),
religion, gender identity, gender expression, genetic information, national origin and ancestry,
political affiliation, creed, military or veteran status, physical disability, mental disability, medical
condition or any other characteristic protected by state or federal law.
1.3 The City is engaged in rendering services to the public, and the City and Union
recognize their mutual obligation for the continuous rendition and availability of such services.
For purposes of the foregoing, the City will provide emergency alerting technology, applications
(Apps) for cell phones, to all employees for the purposes of emergency notifications and request
for staffing by off-duty personnel.
1.4 The duties performed by employees of City as part of their employment pertain
to and are essential to the operation of a municipality 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 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.
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1.5 City employees shall perform loyal and efficient work and service, and shall use
their influence and best efforts to protect the 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.
1.6 City and Union shall cooperate in promoting harmony and efficiency among City
employees.
1.7 Notwithstanding anything to the contrary, the Union recognizes 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 procedure
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.
1.9 The City agrees to meet and confer with the Union concerning the effect of any
consolidation of Fire Services with any other jurisdiction prior to the City Council taking action
on any recommended consolidation.
1.10 The City agrees to meet and confer with the Union over proposals to contract out
Union work.
ARTICLE 2: RECOGNITION
2.1 The City recognizes the Union as the "Exclusive Representative" of all
employees of the City Fire Department who hold a classification listed on Exhibit "A" of this
Memorandum of Understanding. The provisions of the Memorandum of Understanding here-
inafter set forth shall apply only to those employees of the City of Redding for whom 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. Union meetings, on
City time, will require prior approval of the Fire Chief whose decision will be based upon the
operational needs of the Fire Department.
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 their membership or non -membership in Union or
their activity on behalf of the Union.
2.5 Any employee, at their request, shall be permitted representation by a Union
representative. The foregoing shall apply to hearings, reprimands and disciplinary actions,
providing there is no unreasonable delay in obtaining representation.
ARTICLE 3: UNION SECURITY
3.1 The City shall deduct from their wages the regular membership 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 and second payroll period of each month
in approximately equal amounts and a check for the total deductions shall be made via Automated
Clearing House (ACH) deposit to the Financial Secretary of Local Union 1934, I.A.F.F., within
five (5) working days of the date the dues are withheld from the employee's check. Deductions
may include individual insurance and benefit programs.
3.3 The Union shall notify the City of any employee who has given the Union written
authorization for deduction of any Union dues or fees. The Union certifies that it shall collect and
will maintain records of individual employee authorizations for deductions of said dues or fees.
The Union agrees to notify the City of any changes in employee authorizations to deduct Union
dues or fees. The City shall rely on the Union's certification of any dues and fees authorized by
an employee and will not require the Union to provide a copy of the employee's authorization
unless a dispute arises about the existence of terms of the authorization. Any inquiries by
employees regarding Union dues or fees should be directed to the Union.
3.4 The City shall provide all new employees with Union membership 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.
3.5 The Union must indemnify the City against any liability arising from any claims,
demands, or actions made by an employee for deductions made pursuant to this article in reliance
on information provided by the Union.
3.6 In the event that any provision of this article is declared by a court of competent
jurisdiction to be illegal or unenforceable, the parties agree that the City will cease abiding by such
provisions.
ARTICLE 4: GRIEVANCE PROCEDURE
4.1 Any grievances/disciplinary appeals which may arise between Union, or any of its
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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 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. 2012-091 are not a grievance. Because probationary employees and
Apprentice Firefighters may be discharged or demoted without cause, they shall not be entitled to
invoke Article 4, Grievance Procedure, with regard to matters of discharge or demotion. This shall
not, however, prevent a probationary employee from exercising any other rights under this
Memorandum of Understanding. Every employee designated by the City to hear the grievance or the
disciplinary appeal of a subordinate shall have the authority to settle that grievance/disciplinary
appeal.
4.2 For matters regarding MOU interpretation the following grievance procedure will
apply:
4.2(a) The initial step in the adjustment of a grievance shall be a discussion between the
grievant or their representative and the Battalion Chief — Shift Commander directly involved and
submission of a written grievance form including, but not limited to, the MOU violation and the
remedy sought. Attached hereto and made a part hereof is Exhibit "D" Employee MOU Grievance
Form. The Battalion Chief — Shift Commander shall answer in writing within ten (10) business days.
This step shall be started within thirty (30) business 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 their representative. This step may be
supplemented by oral discussion as well as the written presentations required above. The notice of
the time, date and location of all meetings between the grievant's representatives and management
representatives must be noted on the grievance form.
4.2(b) Step Two: If a grievance is not resolved in the initial step, the second step shall be
a discussion between the Labor Representative or their designated representative and the Fire Chief
and submission of a written grievance form including, but not limited to, the MOU violation and the
remedy sought. The Fire Chief shall answer within ten (10) business days. This step shall be taken
within ten (10) business days of the date of the Supervisor's answer in Step One.
4.2(c) Step Three: If a grievance is not resolved in the second step, the third step shall be
the presentation of the grievance, in writing, (and may be supplemented by an oral presentation), by
the Labor Representative or their designated representative and/or the grievant to the City's
designated Personnel Director, who shall answer, in writing, within ten (10) business days. The third
step shall be taken within ten (10) business days of the date of the answer in Step Two.
4.2(d) Step Four: If a grievance is not resolved in the third step, the fourth step shall be
the presentation of the grievance, in writing (and may be supplemented by an oral presentation), by
the Labor Representative or their designated representative, and/or the grievant to the City Manager,
or a designee from the City Manager's Office other than the City's Personnel Director referred to in
Section 4.2(c), who shall answer, in writing, within ten (10) business days. The fourth step shall be
taken within ten (10) business days of the date of the answer in Step Three.
4.2(e) 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)
business days of the date of the answer in Step Four.
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4.3 For matters regarding Skelly discipline (Salary Reduction, Suspension,
Disciplinary Demotion or Termination) the following appeal procedures will apply:
4.3(a) The initial step in the disciplinary appeal process shall be a Skelly meeting between
the Labor Representative or their designated representative and/or the appellant and the Fire Chief
and submission of a written disciplinary appeal form including information regarding the discipline
and the Union's position on the discipline. Attached hereto and made a part hereof is Exhibit "E"
Employee Disciplinary (Skelly) Appeal Form. The Fire Chief shall answer within ten (10) business
days.
4.3(b) Step Two: If the disciplinary appeal is not resolved in the initial step, the second
step shall be the presentation of the disciplinary appeal in writing by the Labor Representative or their
designated representative and/or the appellant to the Personnel Director, who shall answer in writing
within ten (10) business days. The second step shall be taken within ten (10) business days of the
date of the answer in the initial step.
4.3(c) Step Three: If a disciplinary appeal is not resolved in the second step, the third step
shall be the presentation of the disciplinary appeal in writing by the Labor Representative or their
designated representative and/or the appellant to the City Manager or designee (Assistant City
Manager or Deputy City Manager), who shall answer in writing within ten (10) business days. The
third step shall be taken within ten (10) business days of the date of the answer in Step Two.
4.3(d) Step Four: If a disciplinary appeal is not resolved in the third step, the fourth step
shall be referral by either the City or the Union, to arbitration. The fourth step shall be taken within
twenty (20) business days of the date of the answer in Step Three.
Arbitration Procedure for Grievances and Disciplinary Appeals:
4.4(a) Within five (5) business days of the City's receipt of a request by the Union to
submit a grievance or disciplinary appeal to arbitration, the City will solicit a list of not more than
seven (7) arbitrators from the State of California Conciliation and Mediation Service. A copy of such
list shall be forwarded to the Union's attorney at the same time as State Mediation forwards a copy to
the City. The parties agree to act expeditiously in the selection of an arbitrator. If the Union and the
City fail to reach mutual agreement on the selection of an arbitrator, each party shall, at a meeting of
its representatives, alternately strike a name from the list of arbitrators provided by the SCCMS. The
first party to strike a name shall be determined by lot. The costs of arbitration shall be borne equally
by the City and the Union. The City and the Union shall pay the compensation and expenses for their
respective witnesses. At the Union's written request, the City shall release employees from duty to
participate in arbitration proceedings.
4.4 (b) The Arbitrator shall hold such hearings (grievance or disciplinary appeals) and
shall consider such evidence as to the Arbitrator appears necessary and proper. If practicable, the first
hearing shall be held within ninety (90) business days of the date of the referral to arbitration. The
decision of the Arbitrator shall be final and binding on the City, the Union and the employee provided
that such decision does not in any way add to, disregard or modify any of the provisions of this
Memorandum of Understanding.
4.5 Failure by either party to meet any of the aforementioned time limits as set forth in.
the Subsections listed above will result in forfeiture. Failure by the City to meet any of the limits
listed above will allow the Union to go forward with the grievance or the disciplinary appeal to the
next step of the established procedures. However, 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.
4.6 Notwithstanding the aforementioned procedure, any individual employee shall
have the right to present grievances and disciplinary appeals to the City and to have such grievance
or discipline adjusted without the intervention of the Union, provided that the adjustment shall not be
inconsistent with the Memorandum of Understanding, and provided, further, that the Union's
President or their designated representative shall be given an opportunity to be present at such
adjustment.
4.7 The City and the Union agree to use the appropriate Grievance or Disciplinary
Appeal Forms to more timely and efficiently move grievances and disciplinary appeals through the
process.
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.
5.3 Regular safety meetings will be held bi-monthly for the purpose of reviewing
accidents and preventing their recurrence, eliminating hazardous conditions and familiarizing
employees with safe work procedures and practices.
ARTICLE 6: DISABILITY AND UNEMPLOYMENT
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 their ability to perform, with the consent
of the employee's physician. The duration of any such period of temporary work shall be
determined by the City. Such employee shall be compensated at the then current rate of pay of
their 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 by the City for the purpose of
determining that such employee is physically and mentally fit and able to perform the duties of
their position without hazard to himself, or to their fellow employees, or to their own permanent
health.
6.2 Vacation and sick leave shall be accrued and group insurance coverage shall be
maintained while a regular employee is absent from work as a result of a job related disability and
receiving the supplemental benefits to Workers' Compensation temporary disability compensation
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, may, nevertheless, at their option, maintain their
group health and welfare insurance coverage during the period in which they are receiving tem-
porary disability compensation for up to a maximum of a cumulative total of five (5) years, which
includes one (1) year of Section 4850 paid time, providing the employee pays his or her share of
the monthly premium, pursuant to Article 21.2(B), to the City of Redding on or before the first
day of the month for which the premium is intended. 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 or Full -Time Temporary, or Full Time
Limited Term depending upon the purpose for which they are hired and their length of continuous
service with the City.
7.2 A Regular employee (Status 3) 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 Regular 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, health and
welfare insurance coverage and items of a similar nature, as the employee becomes eligible.
Regular employees shall serve a probationary period of one (1) year upon initial appointment to
Regular status. Notwithstanding any other provision of this Article, an employee's probationary
period shall be extended by the duration of any absence as a result of a work related disability or
any unpaid absence of ten (10) or more consecutive workdays. Employees serving their initial
hire probationary period shall not be eligible for leave of absence, or promotion and transfer rights.
7.3 A Full -Time Temporary employee (Status 7) is defined as an employee hired for
occasional or seasonal work, for a period not to exceed one thousand (1,000) hours in a fiscal year,
or as a retired annuitant not to exceed a maximum of nine hundred -sixty (960) hours. A Full -Time
Temporary employee shall receive not less than the minimum rate for the job and will be eligible
for sick leave pay per California state law, but will not be eligible for holiday pay, vacation pay,
health and welfare insurance coverage, retirement plan participation or items of a similar nature,
nor shall the employee accrue seniority, or promotion and transfer rights, or leave of absence rights.
If a Full -Time Temporary employee is reclassified to Regular status without a break in service, the
employee shall be credited with vacation and sick leave accrual back to their full-time temporary
date of hire.
7.4 A Full -Time Limited Term (Apprentice Firefighter) (Status 3) is a limited term
probationary employee serving at will and is defined as an employee hired for full time work for
a maximum period of five (5) years. A Full Time Limited Term (Apprentice Firefighter) shall be
eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, and health and
welfare insurance coverage. They shall serve a probationary period of five (5) years upon initial
appointment and will not be eligible for leave of absence or promotion and transfer rights, nor shall
they accrue seniority.
ARTICLE 8: WAGES AND CLASSIFICATIONS
8.1 Employees shall be paid the wage established for their classification. Upon initial
appointment to a classification, an employee shall normally be paid the lowest wage rate for that
classification. An employee may, however, be paid a wage rate above the lowest wage rate if
circumstances justify it. The Full Time Limited Term (Apprentice Firefighter) has a one step
hourly rate and step increases will not be granted. Any adjustment to the Full Time Limited Term
(Apprentice Firefighter) hourly rate is solely at the discretion of the City.
I
Wage step increases will be granted as follows: After twenty-six (26) full pay periods of
employment at Wage Step 1, and with an overall satisfactory or above performance rating, an
employee shall be advanced to Wage Step 2. After twenty-six (26) full pay periods of employment
at each subsequent Wage Step, with an overall satisfactory or above work performance, an
employee will be advanced to the next higher step. A promotion to a higher paid classification
pursuant to Article 11.3 does not change the anniversary date for Wage step increases. 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.
8.1 (a) Should an employee wish to appeal a denial of a step increase, the employee may
do so by submitting an appeal (1) to the Fire Chief, and if not resolved, (2) to an advisory
committee comprised 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.
8.1 (b) Every reasonable effort will be made to notify an employee of any deficiencies
in job performance at least ninety (90) days prior to the evaluation date, unless specific behavior
occurs after the ninety (90) day limit. This provision does not prohibit the Evaluator from
codifying the deficiencies in the Employee's Performance Evaluation.
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 payday falls on a holiday, payment shall be made on the preceding workday. Except
as otherwise provided herein, wages paid shall be for actual 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 pay period. All employees hired after January 28, 2007,
must make arrangements to have their pay deposited to a bank account via electronic transfer.
8.3 When an employee is temporarily assigned to work in a classification higher than
their regular classification, they 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 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 their regular classification, they shall be paid at the wage rate of the
classification to which they are temporarily assigned, which is next higher to their present wage
rate, but not more than the top wage rate of the temporary classification.
8.4 When an employee is temporarily assigned to work in a classification lower than
their regular classification, their rate of pay will not be reduced.
8.5 For purpose of wage rate progression in a temporary classification, the time
worked by an employee in other than their regular classification shall also be accrued in such
temporary classification.
Rates."
8.6 Attached hereto and made a part hereof is Exhibit "A" titled "Schedule of Wage
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8.7 Attached hereto and made a part hereof is Exhibit `B" titled "City of Redding
Class Specifications"
8.8 Incentive Pay
The City will provide the following incentive pay up to maximum incentive pay cap of
12.5% for incentives in this section and Section 8.9 below:
Education incentives shall be added to the base pay of those employees who provide proof
of qualification as follows:
_�
�REQUIREMENTS' '�
,�PAY�
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.'_
2.5%
Bachelor of Arts or Science Degree or 120 semester units
2.5%
Master of Arts or Science Degree
2.5%
State Fire Marshal Fire Officer Certificate, or, State Fire Marshal Company
Officer Certificate, or, at the time of application (for educational incentive)
having attained the educational requirements for State Fire Marshal
Company Officer Certificate
2.5%
Certified Fire Inspector
Employees must be in a paid status in order to receive education incentive pay. This
section does not apply to the Full Time Limited Term (Apprentice Firefighter) classification.
8.9 Hazardous Materials Response Team (HMRT):
(a) A maximum of twenty-five (25) employees of the Redding Fire Department
will participate on the HMRT and receive an incentive pay in addition to base wage rate for being
certified as a Hazardous Materials Technician (HMT) or Hazardous Materials Specialist (HMS)
as defined in 29 C.F.R. § 1910.120 and the CCR Title 8, Section 5192. This section does not apply
to the Full Time Limited Term (Apprentice Firefighter) classification.
(1) Members joining the City's designated Hazardous Materials
Response Team, will receive three percent (3%) for the first three (3) years on the Team. The
three (3) years for current Team members is not cumulative with the exception of the time an
employee fills in for another employee who is on industrial injury. The incentive pay will increase
to seven and one half percent (7 1/2%) when an employee has maintained their certification and
served on the Team for three (3) consecutive prior years.
(2) Employees will be temporarily removed from the Team if they are
unavailable or expected to be unavailable for response when called or unfit for duty for a period
of at least sixty (60) days. Employees removed from the Team will not receive their stipend while
they are off the team, unless they are on industrial injury leave. Employees removed from the
HMRT will need to meet the requirements of the HMRT Hazardous Materials Response Team
Policy in order to be placed back on the team. Management may choose to temporarily fill that
vacancy with the next employee on the eligibility list, provided they meet the minimum
requirements of HMRT.
11
(b) All employees participating in this incentive program understand that, at the
discretion of the City, they may be assigned to participate in a hazardous materials response team
as deemed appropriate by the City.
Should there be a vacancy on the Team, it will be filled from an eligibility list established
by the Redding Fire Department. Positions on the list will be established in the following manner:
Employees will be placed on the eligibility list based on the order in which they apply after
they have successfully completed the required training. Employees who complete training on the
same date and apply within seven (7) calendar days of that date, will have their eligibility position
determined by their Fire Department seniority date in accordance with Article 10.1 SENIORITY.
Employees are not required to maintain or refresh their certification to remain in their
current position on the eligibility list.
In addition, employees who have completed the required training, but have had their
certification lapse, may request to be placed on the eligibility list.
Employees will be given six (6) months to refresh their certification after receiving an offer
from the Fire Department to join a Hazardous Material Response Team (HMRT). The cost to
refresh their certification will be at the employee's expense. The Fire Department agrees to allow
eligible employees to attend HMRT monthly training, voluntarily and without wage compensation
as a means of refreshing certification. This offer is contingent upon the HMRT Director's
willingness to allow their participation.
Eligible employees will not be placed on a HMRT until the Fire Department has received
the appropriate certificate (HMT or HMS from CSTI or CSFMO).
(c) Employees assigned to the Team shall participate in ongoing training and
education activities as required by the Team and as directed by the Department, which will allow
employees to maintain training proficiency at the level of HMT or HMS Absences from training
will be considered excused absences on a case-by-case basis by the Fire Chief. Employees not
assigned to the City's designated Team will be responsible for obtaining, on their own, training
proficiency at the level of HMT or HMS. Employees must complete the recertification process
on their own, prior to being placed on the Team.
(d) Workgroup leader assignments on the Team are voluntary. These duties may be
accomplished on regular duty, however, they should not adversely affect normal duty assignments.
If deemed necessary, the Battalion Chief may approve overtime to accomplish these duties.
(e) The City and the Union agree to meet and confer over potential conversion over
HMRT to CalOES HazMat Unit pending City and CalOES approval, and subsequent requirements
of HMRT team following such potential conversion.
ARTICLE 9: HOURS AND OVERTIME
9.1 Employees shall report for work at their regularly assigned duty station. Time
spent in traveling between such assigned duty station and the job site shall be considered as time
worked.
12
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 four (4)/five (5) consecutive workdays of eight (8), nine (9), or
ten (10) hours, as applicable, on a scheduled work day, each Monday through Friday. The basic
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 hours from 8:00 a.m. to 8:00 a.m. The basic work period is defined
to consist of eight (8) twenty-four (24) hour workdays each twenty-four (24) day rotation, which
are the work period and basic work periods as established in January 1987. The following is a
representation of the three (3) platoon (A, B, C) 4-4-4-6 schedule rotation beginning January 1
through 31,2001: B -A -B -C -B -C -B -C -A -C -A -B -A -B -A -B -C -B -C -A -C -A -C -A -B -A -B -C -B -C -B.
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) Fire Prevention Officers will normally work a forty (40) hour workweek. The
workweek schedule will be approved by the Fire Chief and may include Saturday and Sunday
coverage.
9.2(d) Whenever it becomes necessary for the City to temporarily rearrange an
employee's work schedule, the City will give as much advance notice as possible but in any event
not less than seventy-two (72) 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
?LX,
Time worked in excess of eight (8), nine (9) or ten (10) hours, as applicable on a
scheduled workday.
` C
Time worked on a non -workday.
D
Time worked outside of regular hours on a workday.
E `
Time worked on a holiday.
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 with pay, such as vacation, sick leave, emergency leave, etcetera, but shall not
include time worked as a result of voluntary shift trades.
9.3(c) Overtime shall be computed to the nearest one-quarter (1/4) hour.
9.3(d) Fire Prevention Officers can be assigned and required to be "on call" and be
available to respond to incidents for fire investigation purposes as follows:
Minimum Duty: Seven day consecutive periods, on rotational basis (i.e. in separate seven-day
periods, generally every other week, on a rotational basis.
Method of payment of "On Call" Duty: Overtime Compensation
A One (1) hour of overtime compensation at the employee's regular rate of pay for each
weekday (12:01 a.m. Monday through midnight Friday).
13
B
Two (2) hours of overtime compensation at the employee's regular rate of pay for
Saturdays (12:01 a.m. Saturday through midnight Saturday).
C
Three (3) hours of overtime compensation at the employee's regular rate of pay for
Sundays (12:01 a.m. Sunday through midnight Sunday) and Holiday (pursuant to Article
17.1).
Scheduling: Shall be determined by seniority preference. Seniority is defined as time in the
bargaining unit.
Vehicle: In addition to "On Call" pay, the City will provide the employee with a "take home"
vehicle in order to provide for immediate response.
9.4(a) Regular Rate of Pay. Items included in determining the regular rate of pay for
purposes of calculating overtime, retirement and other regular pay calculations (i.e. holiday pay)
shall include the pay rate as established in the pay range by the employee's classification, education
incentive pay and Hazmat incentive pay, as applicable to each individual employee covered under
this MOU.
9.4(b) Overtime. Overtime compensation shall be paid at a rate equivalent to one and
one-half (1'/z) times the regular rate of pay. However, employees (excluding Full Time Limited
Term (Apprentice Firefighter) may choose to accumulate Compensatory Time Off (CTO), (at the
one and one-half rate,) up to the limit as established in the Fair Labor Standards Act for public
safety employees. Such accumulated CTO may be carried over from one calendar year to another,
except an employee may elect to cash out any accumulated CTO balance as of the last pay period
ending in November in the week following the first payday in December. Any accumulated CTO
not otherwise cashed out or that is earned in December up to the limit will be carried over into the
next calendar year.
Employees may not accrue CTO due to out of city emergency/fire assignments such as strike
teams, OES responses, and Overhead Assignments. Additionally, members covering for personnel
participating in these assignments outside the City would also not be allowed to accrue CTO for
those coverages. Employees may only accrue CTO up to a rate of 1:1 while covering for personnel
who are using CTO leave with the balance of any overtime due paid as cash (e.g., an employee on
a 24 hour overtime shift covering for another employee using CTO time can only accrue up to 24
hours of CTO, with the remaining overtime wages paid in cash).
9.5 If an employee performs overtime work immediately following the end of their
regular shift they shall be paid overtime compensation only for the actual time worked.
9.6 Employees who are required to report for overtime work as 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 four (4) hours compensation.
If an employee who is called out for such work outside of their regular hours on a workday
continues to work into their regular hours, they shall be paid overtime compensation only for the
actual time worked.
9.7 Overtime distribution shall be in accordance with Departmental policy as agreed
upon between Management and the Union. Overtime shall be distributed as equally as is
practicable among those employees who are qualified and available and who volunteer 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
14
set forth above, an employee's platoon assignment shall not be used to deny the opportunity for
equitable distribution of overtime work.
9.8 When coverage is required for the ARFF apparatus, the priority and sequence of
selection will be as follows: First, the Captain on Engine 7 will fill the vacancy, if that Captain is
a call back and not ARFF trained, the Captain at Station 4 will cover the vacancy with the normal
call back list being used to cover the new vacancy at Station 4. If the Captain on duty at Station 4
is not ARFF trained, then the Captain at Station 5 will take the ARFF vacancy with the normal call
back list being used to cover the new vacancy at Station 5. If the above process fails to provide an
ARFF trained Captain, the normal call back list will be utilized to select an off duty Captain next
up for call back who is ARFF trained. If the process fails to provide a current, trained ARFF
Captain, then the established procedures for an order back will be utilized to do so.
9.9 For the purposes of overnight travel for activities other than active firefighting,
normal work hours are defined as 8 a.m. to 5 p.m. with a one-hour lunch break. Such activities
include employees participating in the Redding Fire Department Training Cadre and
administration -sanctioned workgroups. This section does not apply to other voluntary
assignments, training, or activities. Employees normally scheduled to work on a travel day will be
paid as scheduled. Employees not scheduled will be paid for hours worked between 8 a.m. and 5
p.m. and for any other time when they are actively engaged in work activities.
9.10 Off -Duty Station Coverage During Emergency Operations
During a significant incident or multiple incidents that require the extended commitment of
multiple Redding Fire Department resources, the on -duty Battalion Chief or Duty Chief may
initiate the request for available off-duty personnel for emergency operations (SOP 2.32).
Emergency call-back time shall be compensated with a minimum of five (5) hours of overtime
compensated at a rate of two times (2x) the base rate of salary.
The call back time begins when the Employee makes positive contact with the Duty
Chief/Scheduling Captain to respond to the emergency, accepts the callback and receives a
duty or station assignment. The Employee must report to their duty or station assignment
within sixty (60) minutes. The call back time shall end at such time as the Employee completes
the call-back assignment and leaves the job site.
An Employee contacted to respond to an emergency who cannot arrive to the assignment
within sixty (60) minutes shall not be eligible for call-back overtime pay unless the duty
officer directs the Employee to respond for coverage. The Employee is responsible to notify
the duty officer of the estimated response time. The Battalion Chief or Duty Chief may limit
the number of employees needed for the emergency operations coverage or deny employees
that cannot arrive to the assignment in an acceptable time frame.
ARTICLE 10: SENIORITY
10.1 City Seniority is defined as total length of continuous service in a Regular (Full -
Time, Status 3) position with the City of Redding. Classification Seniority is defined as the total
length of continuous service in each classification within the bargaining unit, including any time
spent by an employee who promoted into a City of Redding Fire Department Management
position(s) who later returned into a position within. the bargaining unit. In determining an
employee's City Seniority or Classification Seniority, the continuity of their 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 twelve (12) consecutive months, (4) failure to return immediately
15
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) work shifts or
five (5) workdays, as applicable. Continuity of service will not be broken and 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 provides that
the employee is entitled to reemployment rights, (b) on 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
twelve (12) consecutive months. Full Time Limited Term (Apprentice Firefighter) employees will
not accrue seniority.
10.2 Station rotation and shift bid order will be determined by time in Grade in
accordance with Departmental Policy 2.9, dated September 10, 2007, and as agreed between
Management and the Union.
10.3 "Grade", "Rank" and "Classification" are interchangeable terms in Department
Policy and this Agreement.
ARTICLE 11: PROMOTION AND TRANSFER
11.1 All promotions and transfers shall be in accordance with standards and
procedures as determined by the City. Notices of scheduled examinations for the positions of Fire
Engineer and Fire Captain shall be posted at least thirty (30) days in advance of the written test.
To the extent possible and subject to the determination by the Fire Chief and the Personnel
Director, Fire Engineer and Fire Captain eligibility lists will be promulgated once every two (2)
years on a staggered basis.
11.2 Seniority shall not be used as the sole criteria for promotions. In addition to
seniority, employee evaluations, job performance, test results, and ability, will be used for the
purpose of selecting applicants for promotion to a higher classification.
11.3 When an employee is promoted to a classification which has an hourly pay rate
overlapping the hourly pay rate of their previous classification, they shall be paid at the step of the
classification to which they are being promoted which is next higher to their present step but not
more than the top step of the classification to which they are promoted. A promotion to a higher
paid classification which provides a five percent (5%) wage increase does not change the
anniversary date for Wage Step increases.
11.4 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 their 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.
11.5 Management may consider requests for transfer from one station to another.
11.6 At such time an employee moves from a forty (40) hour workweek schedule to a
fifty-six (56) hour equivalent workweek schedule, all earned leave balances will be adjusted to
commensurate hours in the new work schedule as follows:
16
40 to 56 hours 1.4
56 to 40 hours 0.715
11.7 Full Time Limited Term (Apprentice Firefighter) employees must test and be on
an eligibility list for full-time firefighter for consideration of appointment to a Regular Firefighter
position. Appointment to Regular Firefighter is not considered a promotion for this position.
Should a Full Time Limited Term (Apprentice Firefighter) be hired as a Regular Firefighter with
no employment -separation with the City, their accrued leave balances will be transferred to the
new position. Department seniority would not begin until appointment to a Regular Firefighter
position.
ARTICLE 12: LAYOFF
12.1 When it becomes necessary for the City to lay off regular (Full -Time, Status 3)
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 or budgetary constraints will be determined
by an employee's Classification Seniority (the employee with the least amount of time in each
classification targeted for layoff will be notified for lay-off first) in accordance with S.O.P.
Personnel 2.3. An employee whose job is being eliminated may elect to displace an employee in
a lower paid classification if qualified to perform the duties of the lower paid classification and if
their Classification Seniority is greater than that of the employee in the lower paid classification.
12.3 Regular employees (excluding Apprentice Fire Fighters) who are laid off will be
given preference in filling future vacancies for a period up to one (1) year, providing they keep the
City advised of their current address.
12.4 When an employee elects to displace into a classification due to lay-off or
voluntary demotion, which has a wage range overlapping the wage range of their previous
classification, they shall be paid at the wage rate of the classification which is next lower to their
present wage rate, but not lower than the bottom wage rate of the lower classification.
12.5 An employee (excluding Apprentice Firefighters) promoted out of the bargaining
unit may, within twenty-four (24) months and by mutual agreement between the City and the
Association, return to the unit.
12.6 Retired annuitants will be laid off prior to IAFF bargaining unit employees.
12.7 In the event of layoff or any station closure, Full Time Limited Term (Apprentice
Firefighter) employees will be the first bargaining unit classification to be laid off.
12.8 A Fire Prevention Officer who returns to and is qualified for a previously held
fire suppression position in the Department will return to the last fire suppression position held in
the Department prior to becoming a Fire Prevention Officer.
A laid off Fire Prevention Officer who previously held a Redding Fire Captain
position may displace a Fire Captain, if they are qualified to perform the duties of Fire Captain,
17
meet all requirements of the classification, and if such laid off Fire Prevention Officer has greater
combined Fire Captain and Fire Prevention Officer seniority than the Fire Captain being displaced.
A Fire Prevention Officer who previously held a Redding Fire Captain position
may be displaced by a laid off Fire Captain, if such laid off Fire Captain is qualified to perform
the duties of Fire Prevention Officer, meets all requirements of the classification and has greater
Fire Captain seniority than the combined Fire Captain and Fire Prevention Officer seniority of the
Fire Prevention Officer being displaced.
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 a five (5) year 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 termination 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, they will be reinstated to their former position and working conditions, providing
that they are capable of performing the duties of their former position, except that if there has been
reduction of forces or their position has been eliminated during said leave, they will be returned to
the position they would be in, had they 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 their seniority will accrue.
13.5 If an employee fails to return immediately on the expiration of their leave of
absence or if they accept other full-time employment while on leave, they will thereby forfeit the
leave of absence and terminate their employment with the City.
13.6 An employee on a leave of absence as provided herein shall not accrue vacation
or sick leave benefits nor maintain group health and welfare insurance coverage. An employee
may, however, at their option and expense, maintain their group health and welfare insurance
coverage providing the full monthly premium is received by the City Treasurer 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 result of exhaustion of sick leave benefits an employee's group health
and welfare insurance may be maintained for up to three (3) calendar months on the normal
premium -sharing formula, providing the employee pays their 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 one (1) year, pursuant to the provisions of this Article.
ARTICLE 14: EXPENSES
14.1 Reimbursement for expenses incurred while conducting City business, i.e.,
traveling to authorized meetings, seminars, training sessions, luncheons and other events approved
by the Fire Chief, or his designee, shall be in accordance with the provisions established in the
City Council Resolution for Unrepresented City employees.
14.2 Employees who are assigned to temporary work at such distance 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.
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.
In accordance with state law, all full-time temporary employees (Status 7), shall accumulate sick
leave with pay at a rate of (.033) per hour worked. Full-time temporary employees shall be entitled
to use accrued paid sick days beginning on the 90th day of employment. Full-time temporary
employees will be limited to 24 hours of paid sick leave in each year of employment. A minimum
increment of sick leave usage is two hours.
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 the employee's duties because of personal
physical or mental illness, off duty injury, or confinement for medical treatment.
B
The ability to attend personal medical or dental appointments, which are impractical to schedule
outside of regular working hours.
The need to be present during childbirth, surgery, critical illness or injury involving members of
the immediate family, as defined in 16. 1, for up to ninety-six (96) hours per incident.
For family sick leave up to 72 hours per calendar year for members of the immediate family as
kIIIDiI!
defined in 16.1.
15.3 Management may require satisfactory evidence of sickness or disability, if an
attendance problem has been identified as defined in the City's Discipline Policy dated July 1,
2005, before payment for sick leave will be made.
15.4 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 their former position without hazard to himself, or to their fellow
employees, or to their own permanent health. Such examination or examinations shall be at the
19
sole expense of the City. Appointments for such examinations shall normally be scheduled by the
Personnel Department.
15.5 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, they shall receive pay for the holiday
as such, and it shall not be counted as a day of sick leave.
15.6 Sick leave cannot be accrued while an employee is in a non -pay status or
receiving donated vacation.
15.7 Any employee, who after ten (10) years of continuous service to the City
terminates employment, shall be paid at the employee's regular pay rate for thirty-three and one-
third percent (33 1/3%) of the employee's accumulated sick leave hours. For employees with
fifteen (15) years of continuous service, the percentage set forth above shall be increased to forty-
five percent (45%). For employees with twenty (20) years or more continuous service, the
percentage set forth above shall be increased to sixty percent (60%).
Upon retirement, any sick leave pay out the employee is eligible to receive will be
transferred into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick
leave payout amount will be calculated using the percentage levels described in the paragraph
above. However, if the sick leave payout is less than $5,000, then the employee is not entitled to
participate in the VantageCare Retirement Health Savings Plan and shall receive a cash payout. as
described in the paragraph above. Any sick leave amount remaining will be used as service credit
toward the employee's retirement benefit through CalPERS, pursuant to the contract between the
City of Redding and CalPERS.
15.8 In the event an employee exhausts all paid leave as a result of the employee's illness
or injury, and subject to the approval of the employee's Department Director, Personnel Director and
the City Manager, such employee may be advanced sick leave from his or her future accruals up to
80 or 112, as applicable, hours per incident. Once the employee returns to duty, sick leave accrual
hours will be applied to the negative sick leave account until it is zero. Should the employee terminate
City employment with a negative sick leave balance, appropriate adjustments will be made to final
paid leave cash pay -outs or other City monies owed the employee, if sufficient, otherwise the
employee shall directly reimburse the City for such advance. Such reimbursement will be waived for
employees who are terminally ill or totally disabled (100%).
ARTICLE 16: FUNERAL LEAVE
16.1 Except as otherwise provided herein, Regular and Full Time Limited Term
(Apprentice Firefighter) 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. For twenty-four (24)
hour shift employees, the employee shall be granted a maximum of three (3) shifts off. "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. Employees are allowed to take up to five (5) total work days due to the
death of the employee's "immediate family" in accordance with Government Code section
12945.7. Employees who have exhausted their allowance of paid leave as provided in this section
may request to utilize sick leave, vacation or compensatory time off or unpaid leave if the
employee wants to take additional time off up to the five (5) total work days of leave provided.
Such bereavement leave for immediate family as provided in this section need not be taken in
20
consecutive days, but must be used up within three (3) months of the date of the death of the
immediate family member. Mandatory callbacks shall be utilized, if necessary, to backfill behind
this type of leave.
16.2 Regular and Full Time Limited Term (Apprentice Firefighter) employees who
are absent from work to attend the funeral of a person other than an immediate family member
(who has some reasonable association to the employee, i.e., friend or acquaintance), shall receive
compensation at the regular rate of pay to a maximum of twenty-four (24) hours for eight (8) hour
employees, thirty (30) hours for ten (10) hour employees, or seventy-two (72) hours for twenty-
four (24) hour employees as applicable, in a calendar year. Employees who have exhausted their
calendar year allowance for this leave purpose may request to utilize vacation or compensatory
time off if the employees want to take additional time off. Such leave shall be utilized in
minimums of four (4) hour blocks so as not to disrupt the work period. Mandatory callbacks shall
be utilized, if necessary, to backfill behind this type of leave.
16.3 An employee must be in a paid status on both scheduled workdays immediately
adjacent to funeral leave in order to receive pay for such leave.
ARTICLE 17: HOLIDAYS
17.1 Regular and Full Time Limited Term (Apprentice Firefighter) and probationary
employees who are regularly scheduled to work a forty (40) hour workweek, except as otherwise
provided herein, shall be entitled to have the following holidays off with pay:
Holidays
Hondafor employee working other than a,24 hour sh'ift(8, 9 or for 24: hour
r
1,Ohoursas a _ alicabletotheir re ularweekl : work'schedule
ShiftPersonnel
A -
January I s'
X
$-
The third Monday in January, known as Martin Luther King, Jr. Day
X
C
Lincoln Day
N/A
D
The third Monday in February, known as President's Day
X
E
The last Monday in May, known as Memorial Day
X
WN
June 19`x, known as "Juneteenth"
N/A
}G
July l 4 a�
X
WFirst
Monday in September, known as Labor Day
X
IZ'
Employee's Birthday
N/A
k�
November l It', known as Veteran's Day
N/A
Thanksgiving
X
I,-
Friday after Thanksgiving
X
Nj
December 241'' , the last half of the normal work shift before Christmas
X
TN -
December 25"
X
If any of the foregoing holidays falls on a Sunday, the Monday following 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
21
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 vacation days are normally sched-
uled. Notwithstanding the foregoing an employee may observe their birthday holiday on their
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,
, and Veterans Day shall be scheduled by employees and their supervisors in the same manner as
vacations are normally scheduled. Employees who work alternative work schedules commonly
known as 4/10's or 9/80's and/or 4/5/9's will be entitled to holiday pay for eight (8), nine (9) or
ten (10) hours, as applicable to their regular weekly work schedule. When an employee works on
their birthday holiday, the employee shall receive pay at the regular rate of pay. Birthday holiday
pay is not considered reportable compensation and will not be reported to Ca1PERS.
17.2 Notwithstanding the foregoing, employees may be scheduled to work on
holidays, in which event any such employee will, in addition to their regular earnings, be
compensated at a rate of one and one-half (11/2) times their regular 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 they shall not receive pay for the holiday.
17.4 In lieu of the provisions of 17.1, 17.2, and 17.3, regular and Full Time Limited
Term (Apprentice Firefighter) twenty-four (24) hour shift employees shall receive fifteen point
two (15.2) hours of holiday compensation at the regular rate of pay, maximum of 152 hours per
year, on those holidays as designated in 17. 1, payable in the pay period in which the holiday falls.
ARTICLE 18: VACATIONS
18.1(a) Regular employees of the City shall accrue vacations, based on the length of their
continuous service measured from their date of employment, with pay up to a maximum of 700 hours,
for each regular hour worked, or on paid leave, as follows:
Full Time Limited Term (Apprentice Firefighter) employees will accrue based on the following
accrual rate:
WEE Y '
ACCR 'aAI;
HOURS
PER
YEAR -HN
# OF 7 OWN
— SHIFTS
`
JJA5.538
hrs.
144
6
New employee to completion of 4th year
B
7.385 hrs.
192
8
Start of 5th year to completion of 9th year
I�C
8.308 hrs.
216
9
Start 10th year to completion of 14th year
D
9.231 hrs
240
10
Start of 15th year to completion of 19th year
E
10.154 hrs.
264
11
Start of 20th year to completion of 24th year
w°F
11.076 hrs.
288
12
Start of 25th year and succeeding years
Full Time Limited Term (Apprentice Firefighter) employees will accrue based on the following
accrual rate:
22
ACCRUAL
EARS
� n THROUGH ebl'
APPR®XIMATE OFEARICE
22
,A .039 1 Date of Employment I 130th 1 2 weeks I1-5
18.1(b) 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(c) In the event of departmental cancellation of a previously scheduled vacation or
of a paid leave of absence due to industrial injury where such employee would exceed the
maximum vacation accrual, the accumulation of vacation hours may exceed the seven hundred
(700) hour maximum. In the event of a paid leave of absence due to an illness or injury 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 employee shall have
one year from the date the vacation was canceled 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(d) 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 half of the regularly scheduled work hours.
18.2 Vacation cannot be accrued while an employee is in a non -pay status or receiving
donated vacation.
18.3 Vacation bid procedures will be in accordance with Departmental Policy
(Vacation) 42.4, dated February 13, 2009. 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 their
vacation by requesting less than a full year's allowance to be scheduled on consecutive workdays,
their 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
four (4) employees may be off for vacation on the same shift. Vacation time off is subject to
mandatory call-back. This section does not apply to the scheduling of vacation leave for the Full
Time Limited Term (Apprentice Firefighter) employees.
18.4 The City shall not require an employee to take their vacation in lieu of sick leave
or leave of absence on account of illness.
18.5 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.
18.6 Employees whose employment with the City is terminated for any reason shall,
at the time of termination, receive any unused vacation period previously earned.
18.7 The City will, at the employee's option, compensate employees for accumulated
vacation during any fiscal year as follows:
SHIFT = 40 HOURS
SHIFT = 56 HOURS
vIvlaxim -- dfirs Pa able�re , . Mm�m.,um'7--
M�nimum.;lccrual � � g= -�"�" ; u
, ccrual MaximumHoa s Pia able
120 40
120
168
56
240 80
336
112
360 120
504
168
23
18.8 Employees may use vacation leave in increments of not less than four (4) hours
for educational purposes in accordance with Departmental Policy (Vacation #2.5, dated February
13, 2009.
18.9 Whenever any employee has exhausted all paid time off benefits as a result of a
non -work related injury or disability, and is not eligible for long-term disability insurance benefits,
other employees may contribute their earned vacation hours to the disabled employee approved
for the vacation donation program. Vacation is donated and granted on the basis of the dollar value
of the donor's base pay rate.
ARTICLE 19: UNIFORMS
19.1 The annual uniform allowance will be $1,200 and will be paid in equally divided
installments on a bi-weekly basis with the City's regular payroll processing. Newly hired
employees, dependent upon hire date, will receive the full amount indicated above. In July
following the new employee's hire date, regardless of time with the Fire Department, the employee
will begin receiving bi-weekly installments with the regular payroll.
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. Personal property will be limited to items reasonably necessary for the
employee to have while on duty to perform their job function. This provision does not apply to
items lost or damaged as a result of negligence of the employee.
19.3 The "official" Fire Department uniform shall be established and set forth in Fire
Department Policy (SOP #3.1).
ARTICLE 20: MISCELLANEOUS
20.1 A Regular or Full Time Limited Term (Apprentice Firefighter) employee who is
summoned for jury duty and is thus unable to perform their regular duties will be paid for the time
lost at their regular rate of pay. An employee must be in a paid status on both scheduled workdays
immediately adjacent to the jury duty in order to receive pay for such leave.
20.2 Any employee, at their request, shall be permitted to review their own personnel
file. The file may not, however, be removed from the Personnel Department. At the employee's
request or the request of their representative with the employee's written authorization, photo-
copies of information contained in the employee's personnel file will be provided at the City's
expense.
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 Personnel Director and, upon request, shall have the right to have a Union representative
present.
20.4 The City of Redding recognizes the practice of employees trading shifts. In the
event a party to the shift trade does not report for duty, the employee originally scheduled by the
City will be held responsible. In the event an employee separates from employment prior to having
consummated a shift trade with another employee, the City will bear no responsibility for
reconciling wages. Probationary Fire Fighters and Full Time Limited Term (Apprentice
Firefighter) employees will not be allowed to trade shifts during the first six (6) months of
24
employment. After six (6) months, with a satisfactory performance evaluation, a probationary Fire
Fighter will be allowed up to three (3) trades per quarter so long as trades do not interfere with the
probationary training program. All shift trades shall be consummated within a three hundred sixty-
five (365) day period.
20.5 The Union's labor representative and the City's Personnel Director may agree to
limit the useful lifetime of employee disciplinary documents. The City and the Union agree to
adhere to the City's Discipline Policy (7/1/05), Conduct and Honesty Policy (5/1/87), Redding
Fire Department Policy 2.17 (2/20/07) and the Redding Fire Department Policy 2.19 — Rules of
Conduct (2/20/07).
20.6 Because of the nature of employees' duties, all employees shall be required to
provide the Department a personal telephone number where the employee can be contacted.
20.7 Whenever any employee is subpoenaed to testify in court as a result of their
employment and is thus unable to perform their regular duties, they shall be paid for all regular
time lost. Whenever an employee is subpoenaed or requested to appear for the State or any other
governmental agency for non -work related reasons, the employee may choose to take paid time
off which is either vacation or CTO. Leave to attend court shall be utilized in minimum four (4)
hour blocks to reduce disruption to the work period. Mandatory callbacks shall be utilized, if
necessary, to backfill behind this type of leave.
20.8 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 or a Full Time Limited Term (Apprentice Firefighter) employee.
20.9 Attached hereto and made a part hereof is Exhibit "C" entitled "Performance
Standards".
20.10 In the event that an employee fails to pass the Fire Department's physical fitness
test on the third consecutive attempt, such employee will be terminated from employment.
Employees will have at least three (3) months between attempts on the test; but must retake
unsuccessful attempts no later than four (4) months from the last attempt. The parties agree, that
prior to termination, all applicable rights of the parties under law will be followed.
20.11 A Union business time bank is established. Members may voluntarily donate
earned vacation time to the bank for use by Union members while conducting Union business. For
purposes of this article, Union business shall not include an employee's participation in or
preparation for a disciplinary hearing associated with City action against that employee. Vacation
credits being donated and granted are on the basis of the dollar value of the vacation credits. Use
of time bank hours is to be authorized by the Union and scheduled in the same manner as vacation.
20.12 Meals will be provided during incidents in accordance to the Fire Department
Policy: Fire Line Meals. Station Coverage Meals will be authorized by the Fire Battalion Chief,
on a case-by-case basis, for employees who request such meals when they are called back to duty
to cover a Station. The maximum expenditure per employee, including tax and tip, for such meals
shall be as follows:
Meal Amount
25
Dinner
$25.00
Lunch
$15.00
Breakfast
$15.00
The above meal rates may be adjusted upward as determined by the City Manager.
20.13 Leave for children's school activities will be granted according to Fire
Department Policy (SOP #2.27), dated March 31, 2017.
20.14 Designated employees will be compensated for their participation in scheduled
workgroup activities. Activities associated with the program/project outside of scheduled
activities will be accomplished during normally scheduled work shifts. When activities associated
with the program/project cannot be accomplished either during a workgroup activity or during a
normal work shift, and the activities cannot be accomplished in another manner, the workgroup
manager shall have the authority to authorize compensation. Employees assigned to a workgroup
will be allowed to restructure their daily workload to provide time for workgroup activities,
providing that training, fire prevention and other assignments are completed. This may require
that certain routine or workgroup activities be conducted beyond the normal workday.
20.15 Participation in CAL FIRE Incident Management Teams:
(a) Participation in this program will include employees specifically requested
by CAL FIRE with the concurrence of the Fire Chief.
(b) Participation by employees will be voluntary.
(c) Employees will be expected to participate in team meetings and related
training. Meetings will occur approximately five to six days each year and may be held outside of
our geographic area. CAL FIRE may provide transportation to and from a meeting, along with
meals and other expenses directly to the employee. The City will reimburse employees for travel
and other reasonable expenses not provided by CAL FIRE in accordance with existing City policy.
CAL FIRE will not reimburse the City for any expenses associated with the meetings. When away
at a team meeting, the City will provide coverage for the employee's normal duty days only.
Employees will serve as CAL FIRE volunteers on their off-duty days consistent with FLSA
provisions (U.S.C. Section 203 (e)(4)(13)(1988)).
(d) As with any situation where we provide personnel through the Statewide
Mutual Aid System, the City will be reimbursed for expenses associated with an actual team
activation. Therefore, employees will receive their normal and/or overtime compensation from
the City upon team deployment. During activation, CAL FIRE will either provide the employees
with a vehicle, or reimburse the employees for expenses associated with using their personal
vehicle.
(e) Teams are assigned week-long "stand-by" periods during the course of the
year. No stand-by compensation will be provided to the employees during these periods.
20.16 The City shall not utilize any combination of "on-call/seasonal, or temporary"
employees in lieu of Regular employees. Union recognizes the City's. right to hire part-time
temporary "on-call/seasonal firefighters" to work during declared "fire season" which is normally
during the months of May through October. Union also recognizes the City's right to continue the
26
"on-call" program, which is utilized to assist Regular employees at the scene of emergency
incidents and at various fire prevention activities.
The purpose of the Full Time Limited Term (Apprentice Firefighter) program is to allow for the
staffing of three (3) fire personnel (Captain, Engineer, Firefighter/Full Time Limited Term
(Apprentice Firefighter)) on each fire engine apparatus and a second Firefighter or Full Time
Limited Term (Apprentice Firefighter) on fire truck apparatus. The City and Union agree that the
number of Full Time Limited Term (Apprentice Firefighter) positions at any one time will not
exceed the number of Regular Firefighters.
Once nine (9) Full Time Limited Term (Apprentice Firefighter) positions are filled, any
hiring of Firefighter positions thereafter would be at a ratio of three Regular Firefighters to three
Full Time Limited Term (Apprentice Firefighter) positions, until the total of fifteen (15) Regular
Firefighter, and fifteen (15) Full Time Limited Term (Apprentice Firefighter) positions has been
met.
If the City chooses to hire additional Captains, Engineers, or Firefighters to cover for
employee leave, they must first hire Firefighters to replace all Full Time Limited Term
(Apprentice Firefighter) positions.
This does not preclude the City from its right to layoffs or station closures, which is addressed in
Article 12.8.
20.17 Where required under their job classification, employees shall obtain a California
Class C Driver license with Firefighter Endorsement "F" or higher driver's license class and
participate in an annual physical approximately every twelve (12) months. See Exhibit G "The
Annual Physical Certification Form" which must be completed by a physician and submitted to
Fire Administration as documentation of the annual physical.
20.18 The Boat Team (Redding Fire Department Voluntary Boat Program - SOP Tactics
6.8), dated 3/15/07, will consist of thirty (30) members of which fifteen (15) will be boat drivers
and fifteen (15) will be deck hands, excluding Management members. Existing team members
will continue to serve on the Team and future Team members will be selected from among those
who apply, according to bargaining unit seniority. The City and the Union will conduct an annual
review of Boat Team activities beginning February, 2008, and each year thereafter.
20.19 The City and the Union agree to meet and agree over technical rescue capabilities
within the Department to include knowledge, skills, and abilities to engage in confined space,
trench, high angle, water, heavy equipment/machinery, and building collapse rescues.
20.20 The City will request a CAL EMA Engine that will be staffed by the City under the
terms of an OES agreement to be developed by the department.
20.21 Once the City is successful at obtaining a CAL EMA Engine, the Union agrees to
train and participate in Low Angle Rope Rescue Operational (LARRO) training on duty and
provide this service to the community. The Department will provide state registered instructors for
this training.
20.22 The Union and the City have developed and agreed to a Rescue Systems I Program
that includes voluntary membership participation, selection process, initial and ongoing training
to maintain proficiency in this service. The continued training for this program will be scheduled
27
on the participating member's off duty days and the member will be eligible for overtime under
the terms of Article 9, but will not be eligible for special duty stipend.
20.23 It is agreed that all fire personnel, regardless of rank, with the exception of
probationary Fire Fighters, will be allowed to participate in Fire Assignments outside the City
provided they have the appropriate training and qualifications under the terms of the Overhead
Fire Assignment procedure. Management will establish an availability list of qualified employees
to be ordered by outside agencies for these assignments that will provide for rotation to allow all
employees an equitable opportunity to participate. In addition, qualified members on the list can
be requested by an outside agency, regardless of their position on the list. Probationary Fire
Fighters will be able to participate in strike team assignments as part of an Engine company.
20.24 The City and the Union recognize the utilization of retired annuitants by allowing
employees to work in their previous position up to a maximum not to exceed nine hundred sixty
(960) hours under the terms of the Retired Annuitant Program including the conditions that apply
to retired annuitants as outlined in the Retired Annuitant Expectation document.
20.25 The City and Union agree to meet and agree over proposed changes to Exhibit B —
City of Redding Class Specifications following approval of this Agreement.
ARTICLE 21: EMPLOYEE GROUP HEALTH AND WELFARE BENEFIT PROGRAMS
21.1 Retirement Plan:
All regular and probationary employees are covered by the California Public Employees'
Retirement System (Ca1PERS) program pursuant to an existing contract with the Public
Employees' Retirement System.
a) Tier 1 "Classic" Employees
Regular employees hired prior to September 8, 2012, and those hired after January 1, 2013,
considered to be "Classic CalPERS Members" due to previous City of Redding employment will
be covered under the three percent (3%) at age fifty (50) retirement benefit with the 12 highest
paid consecutive month's final compensation provision ("Tier 1 Employees"). Tier 1 Employees
will be covered by the following additional benefits provided through Ca1PERS:
• Fourth level of 1959 Survivors' Benefits; Post -Retirement Survivors Allowance
(Government Code Section 21574);
• Credit for unused sick leave;
• Fifty percent (50%) ordinary disability benefit; and;
• Military service credit buy back option.
In accordance with Government Code section 20516, Tier 1 Employees have agreed to cost sharing
resulting in the following employee contributions of twelve percent (12%) of pensionable earnings
that will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.
Effective in the pay period including January 1, 2025, in accordance with Government Code
section 20516, Tier 1 Employees have agreed to cost sharing resulting in an employee contribution
of fourteen point seventy-eight percent (14.78%) of pensionable earnings that will be paid by the
employee through a bi-weekly payroll deduction on a pre-tax basis.
W.
Regular Tier 1 Employees vested in Tier 1 who leave City employment and subsequently are
rehired will be re-employed with Tier 1 status for CalPERS benefits.
b) Tier 2 "Classic" Employees
Regular employees hired between September 8, 2012 and January 1, 2013, and those hired after
January 1, 2013, who meet the definition of a "Classic CalPERS Members" pursuant to the
California Public Employees' Pension Reform Act of 2013 (PEPRA) but have not been previously
employed by the City of Redding, will be covered under the three percent (3%) at age fifty-five
(55) retirement benefit formula with the 36 highest paid consecutive month's final compensation
provision ("Tier 2 Employees"). Tier 2 Employees will be covered by the following additional
benefits provided through CalPERS:
• Fourth level of 1959 Survivors' Benefits (Fourth Level); Post -Retirement Survivors
Allowance (Government Code Section 21574);
• Credit for unused sick leave;
• Fifty percent (50%) ordinary disability benefit; and;
• Military service credit buy back option.
In accordance with Government Code section 20516, Tier 2 Employees have agreed to cost sharing
resulting in the following employee contributions of twelve percent (12%) of pensionable earnings
that will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.
Effective in the pay period including January 1, 2025, in accordance with Government Code
section 20516, Tier 2 Employees have agreed to cost sharing resulting in an employee contribution
of thirteen point thirty nine percent (13.39%) of pensionable earnings that will be paid by the
employee through a bi-weekly payroll deduction on a pre-tax basis.
Regular Tier 2 Employees vested in Tier 2 who leave City employment and subsequently are
rehired will be re-employed with Tier 2 status for CalPERS benefits.
c) Tier 3 "PEPRA" Employees
Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA), regular
employees hired after January 1, 2013 who do not otherwise meet the definition of a "Classic
CalPERS Member", will be covered by the 2.7 percent (2.7%) at age fifty-seven (57) retirement
benefit formula with the 36 highest paid consecutive month's final compensation provision as a
"New CalPERS Member" ("Tier 3 Employee"). Tier 3 Employees will be covered by the
following additional benefits provided through CalPERS:
• Fourth level of 1959 Survivors' Benefit Program, Survivor Continuance allowance
(Government Code Section 21574);
• Credit for unused sick leave;
• Fifty percent (50%) ordinary disability benefit; and
• Military service credit buy back option.
Also pursuant to PEPRA, Tier 3 Employees will be responsible for paying an employee
contribution for the retirement benefit of fifty percent (50%) of the total normal cost rate as
established by CalPERS on an annual basis that will be paid by the employee through a bi-weekly
payroll deduction on a pre-tax basis.
29
Contribution rate 3.0%
21.2 Group Health and Welfare Insurance Coverage: All regular employees and Full
Time Limited Term (Apprentice Firefighter) employees are eligible to participate in a group health
and welfare insurance benefit program, which includes the medical, prescription, dental, vision,
life and long term disability insurance plans, effective the first day of employment. The City shall
pay the cost of the program for both employee and dependents as indicated below.
(A) Life Insurance: Twice annual salary for employee, $3,000 for employee's
dependents. The City will pay the full cost of the premiums. More specific benefit information is
provided in the carrier's booklet.
(B) Health Benefits: The City has established a Section 125 Plan to redirect the portion of the
employee's salary to pay, on a pre-tax basis, the employee's contribution toward the medical,
prescription, dental and vision insurance composite premium rate.
The City offers two health plans, a "Base Plan" and an optional "Premium Plan". All
eligible employees will be enrolled in the "Base Plan" and will have the option on a voluntary
basis to enroll in the "Premium Plan" initially, and during the open enrollment period for each
subsequent calendar year. Eligible employees that fail to complete the annual open enrollment will
automatically be placed in the group health insurance plan they were enrolled in the previous year.
Changes will be effective at the beginning of the following calendar year. The City's contribution
toward the monthly group health and welfare insurance composite premium rate for the "Base
Plan" shall be ninety percent (90%) and the employee will pay ten percent (10%) of the premium
rate through a bi-weekly payroll deduction. Employees electing to enroll in the "Premium Plan"
will be responsible for premiums beyond the City's contribution of 90% of the "Base Plan"
composite rate.
Effective Calendar Year 2024, all employees participating in the Group Health and
Welfare Insurance Plan will pay fifteen percent (15%) co -share of premium. The City's
contribution toward the monthly group health and welfare insurance composite premium rate for
the "Base Plan" shall be 85%. Employees electing to enroll in the "Buy Up Plan" will be
responsible for premiums beyond the City's contribution of 85% of the "Base Plan" composite
rate.
In an effort to minimize the impact of annual composite premium increases/decreases for
the employee, the rate change will be limited to a maximum of twelve and one-half percent (12'/2%)
per year (or the actual percent increase in actual claim costs from the previous calendar year,
whichever is lower).
In the event the composite premium rate change is less than 12'/2%, the employee's percent
of the rate shall be the actual percent change unless costs from the year before need to be made up.
Effective January 1, 2013, the rate change will be limited to a maximum of twelve and one-half
percent (12 1/2%) of the "Base Plan" per year (or the actual percent increase in actual costs from
the previous calendar year, whichever is lower). The Association and the City agree that costs not
made up prior to the end of this Agreement shall be subject to meet and confer in the successive
Agreement.
For specifics regarding the City's Group Health and Welfare Benefit Plan, refer to the
Benefit Summary Plan Description.
The City reserves the right to modify the group insurance composite rate structure to
establish classes of coverage and rates in an effort to create a rate structure more compatible to
employee claims experience. The City and the Union agree to meet and confer during the term of
this agreement over changes to the group health premium contribution formula/structure when
another City of Redding employee group agrees to a change in the group health premium
contribution formula/structure. The City will not unilaterally impose a change to the group health
premium contribution formula pursuant to this section. The meet and confer process per this
section is limited to the issue of group health. The balance of the MOU remains in full force and
effect.
Employees with spousal coverage will be allowed to "opt out" of the City's group health and
welfare insurance coverage (cease paying their share of the premium) January 1, 2013. Employees
"opting out" of the City's group health benefits must provide proof of alternative health care
coverage on an annual basis during the open enrollment period.
The City and the Union recognize that it is the on-going plan of the City that all bargaining
units will have the same group insurance benefits.
C) Prescription Benefit: Employee co -payments as shown in the following table:
u
Retail 34da:su_ n _h s
Co -Payment
Effective
111/1:023 `
C0_ a--- meat
Generic
$
$#1000 e
Brand
$$5000
a
No Generic Available
$
x$20.00 m � ..
"MMI't___O�90a
Ali
Generic
$
$20'0'0;
Brand
$
IMP
No Generic Available
$
$4000
Note: Maintenance medications (i.e., a medication taken longer than 60 days) that are filled at the
retail co -pay amount more than twice will be filled at the mail order co -pay amount.
The cost of the Prescription benefit program is outlined under "Health Benefits" above.
(D) Dental Benefits: The premium cost of the Dental benefit program is outlined
under "Health Benefits" above. For specifics regarding the City's Dental Plan, refer to the Benefit
Summary Plan Description.
(E) Long Term Disability: The City has agreed to pay an equivalent monthly premium
amount to the Union to purchase their own long-term disability policy. The monthly amount shall
be equal to the premium the City would pay if Union members participated in the City's long-term
disability program for safety employees.
(F) Vision Benefits: The premium cost of the Vision benefit program is outlined
under "Health Benefits" above. For specifics regarding the City's Vision Plan, refer to the Benefit
Summary Plan Description.
Effective January 1, 2013, health benefits not provided by Blue Shield will no longer be offered.
31
21.3 All active employees hired prior to October 1, 2011, who retire from the City and
are eligible for Ca1PERS benefits upon separation of service shall be eligible for the City to pay a
fifty percent (50%) proportionate share of costs of the insurance premium should the retiring
employee elect to participate in the group health, dental and vision plan also made available to
active employees. To initially qualify for the benefit, the employee must go directly from active
status to retiree status with Ca1PERS. To maintain a qualified status and to continue to receive the
benefit, the retired employee must continue the group medical insurance during retirement without
a break in coverage. Payments by the City will be discontinued upon termination of group medical
insurance coverage by the City retiree or loss of qualified status by the retiree. Following the death
of a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the
benefit on the same terms and conditions for the life of the surviving spouse.
All active employees hired on or after October 1, 2011 who retire from the City with five
(5) or more years of City service (and eligible for CalPERS benefits upon separation of service)
shall be eligible for the City to pay a proportionate share of costs of the insurance premium should
the retiring employee elect to participate in any group health, dental and vision plan also made
available to active employees. To initially qualify for the benefit, the employee must go directly
from active status to retiree status with Ca1PERS and continue the group medical insurance without
a break in coverage. To maintain a qualified status, and to continue to receive the benefit, the
retired employee, and their covered spouses who reach Medicare A/B eligibility age must enroll
in Medicare. For those retirees who qualify, the City shall pay a proportionate share of the cost of
the insurance premiums in accordance with the following formula: 2% for every year of service
with the City of Redding up to a maximum of 50%. Years of service include all Full Time Limited
Term (Apprentice Firefighter) employment, regardless of break in service until regular employee
status occurs. Payments by the City will be discontinued upon termination of group medical
insurance coverage by the City retiree or loss of qualified status by the retiree. 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 and the City will continue the
benefit on the same terms and conditions for the life of the surviving spouse.
Retiring employees who were hired or worked under a different Memorandum of
Understanding (MOU) or City Resolution shall be vested with the greatest retiree premium co -
share formula in effect and for which that employee qualified for during his or her term of
employment.
Beginning Calendar Year 2013, the City will offer two health plans, a "Base Plan" and
an optional "Premium Plan". All retired employees participating in the group health plan will be
enrolled in the "Base Plan" and will have the option on a voluntary basis to enroll in the "Premium
Plan" initially, and during the open enrollment period for each subsequent calendar year. Changes
will be effective at the beginning of the following calendar year. The City shall pay a proportionate
share of the cost of the "Base Plan" insurance premiums as outlined above. Participating retired
employees electing to enroll in the "Premium Plan" will be responsible for premiums beyond the
City's contribution of the "Base Plan" composite rate.
21.4 Regular and Full Time Limited Term (Apprentice Firefighter) employees are
eligible to participate in the City's Deferred Compensation Plan through voluntary payroll
deductions from the employee's pay.
21.5 During the term of this agreement, the City and the Union agree to meet and
discuss the recommendations of the Health Insurance Committee.
32
ARTICLE 22: 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 negotia-
tions, 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 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. Both parties acknowledge that such waiver and relinquishment as set
forth above carries with it the commensurate prohibition for either party to effect a unilateral
change in an employment condition falling within the scope of negotiations under Government
Code Section 3500 et. seq.
ARTICLE 23: 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
thirty first day of December, 2024 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. The bargaining for the Memorandum of Understanding
will begin no later than January 1, 2024. 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 (defined as one in which available on -duty personnel are not
sufficient to handle a critical situation), the City may be giving written notice to the Union to
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 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.
33
IN WITNESS WHEREOF the parties have executed amendments to this Memorandum of
Understanding, to be effective July 9, 2023.
CITY OF REDDING
REDDING FIREFIGHTERS,
LOCAL 1934, IAFF
Barry Tippin
Mark Bartley
City Manager
Labor Representative, IAFF
Gage Dungy
Michael Ham
Negotiator
President
Kari Kibler
Mike Henry
Personnel Director
Negotiator
Kelley Martinez
Matthew Oliphant
Personnel Manager
Negotiator
Justin Smith
Negotiator
Joe Hansen
Negotiator
Brett Morris
Negotiator
Steven Tenorio
Negotiator
Kathleen Mastagni Storm
Labor Attorney, IAFF
34
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