RES-10968 Memorandum For Orange Fire ManagementRESOLUTION NO. 10968
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE REPEALING
RESOLUTION NO. 10778 AND IMPLEMENTING
THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE FIRE MANAGEMENT ASSOCIATION
CONCERNING WAGES, HOURS, AND OTHER
CONDITIONS OF EMPLOYMENT FOR THE
PERIOD OF JULY 1, 2015 THROUGH AND
INCLUDING JUNE 30, 2017.
WHEREAS, the City of Orange (hereafter "CITY ") and the Orange City Fire
Management Association (hereafter "Association ") have met and conferred in accordance
with the requirements of the Meyers - Milias -Brown Act; and
WHEREAS, the CITY and the Association have reached agreement on wages, hours,
and other conditions of employment for the period of July 1, 2015 through June 30, 2017 and
have repealed Resolution No. 10778 and amendments thereto for said employees as more
particularly set forth in the Memorandum of Understanding attached thereto; and
WHEREAS, on November 10, 2015, the City Council of the City of Orange adopted
Resolution No. 10900, a Resolution of the City Council of the City of Orange Establishing a
Letter of Understanding between the City of Orange and the Orange Fire Management
Association Effective July 1, 2015 through June 30, 2017; and
WHEREAS, the City and the Association agreed to incorporate the provisions
contained in the Letter of Understanding noted above into a new Memorandum of
Understanding once both parties had an opportunity to review and concur on any and all
language changes included in the new Memorandum of Understanding
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that the attached Memorandum of Understanding is approved and incorporated by
reference as Exhibit "A ", as fully set forth herein.
ADOPTED the 1 lth day of October 2016.
Teres E. Smith, Mayor, City of Orange
ATTEST:
Mary E y, ity Clerk, City f Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 1 Ith day of October 2016, by the
following vote:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Maryy,.-M City Clerk, City o e
Resolution No. 10968 2
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE FIRE MANAGEMENT ASSOCIATION
JULY 1 2015 THROUGH JUNE 30 2017
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
Article No.Article Title Page No.
I Recognition 1
II Non - Discrimination 1
III Salaries 1
Basic Compensation Plan, Hourly Rate, Beginning Rates, Service,
Advancement within Schedule, Promotion and Probationary Periods,
Demotion, Assignment Pay, Urban Search and Rescue Certification
Bonus, Bilingual Bonus, Chief Officer Certification, California Incident
Command Certification System (CICCS) Bonus
IV Work Week — Work Schedule 5
V Overtime, Call Back Pay, Shift Exchange 6
VI Insurance Programs 8
Health Insurance, Life Insurance, Disability Insurance
VII Educational Reimbursement, Professional Development, and 10
Incentive Programs
VIII Uniforms 11
IX Holidays 11
X Vacation 13
XI Other Leaves of Absence 13
Leave of Absence without Pay, Personal Neccesity Leave, Jury Duty,
Military Leave of Absence, Sick Leave, Sick Leave Usage, Workers
Compensation, Fringe Benefits
X11 Retirement 18
XIII Travel Expense Allowed 19
XIV Safety Standards 20
Article No.Article Title Page No.
XV No Strike — No Lockout 21
XVI City Rights 22
XVII Discipline and Discharge: Rules & Regulations 23
XVIII Probationary Period (New Employees)24
XIX Payroll Deductions 24
XX Grievance — Procedure 25
XXI Scope and Application 26
XXII Term of Memorandum of Understanding 26
XXIII Waiver of Bargaining During Term of Agreement 26
XXIV Ratification and Execution 27
Appendix "A"Monthly Salary Ranges 28
Appendix "B"Vacation Benefits — Schedule 1 29
Appendix `B"Vacation Benefits — Schedule 2 30
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Article I
RECOGNITION
SECTION 1.1. Pursuant to the provisions of the Employer- Employee Relations Resolution No.
3611 of the City of Orange, the City of Orange (hereinafter called the "City "), for the purpose of
meeting its obligations under the Meyers - Milias -Brown Act (government Code Section 3500 et.
seq.), Employee Relations Resolution No. 3611 and this Agreement, has recognized the Orange
City Fire Management Association (hereinafter called the "Association ") as the majority
representative of the management employee classifications of the Fire Department as set forth in
Appendix "A ".
Article II
NON - DISCRIMINATION
SECTION 2.1. The parties mutually recognize and agree to protect the rights of all employees
hereby to join and /or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employer - Employee Relations
Resolution and Government Code Section 3500 et. seq.
SECTION 2.2. The City and the Association agree that they shall not discriminate against any
employee on the basis of actual or perceived race, color, sex, age, national origin, religion,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, gender, gender identity, gender expression, sexual orientation, military or veteran status,
or any other lawfully protected class. The City and the Association shall reopen any provision of
this Agreement for the purpose of complying with any order of a federal or state agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions of
this Agreement in compliance with state or federal anti - discrimination laws.
SECTION 2.3. Throughout this Memorandum of Understanding the masculine gender shall be
used, it shall be understood to include feminine gender.
Article III
CAI,ARIF.0
SECTION 3.1. Basic Compensation Plan. A schedule of job classifications together with salary
rate ranges is set forth in Appendix "A" and attached hereto. Said salary rates shall be effective
as indicated.
SECTION 3.2. Hourly Rate.
A. Suppression Personnel For all employees who have a weekly work schedule of 55.9
hours, the equivalent hourly rate of pay shall be the monthly rate times 12 divided by
2906 annual hours.
B. All Other Personnel For all employees who have a regular weekly work schedule of
40 hours, the equivalent hourly rate of pay shall be the monthly rate times 12 divided
by 2080 annual hours.
SECTION 3.3. Beginning Rates. The Human Resources Director shall start new Battalion
Chiefs at "C" Step, with a minimum 1 year review to "D" Step, 1 year review to "E" Step, and 1
year review to "F" Step. However, on the request of the Fire Chief under whom the employee
will serve, and with authorization of the Human Resources Director, such employee, upon
appointment to a Battalion Chief position, may be placed in Step "D ", "E" or "F", depending
upon the employee's qualifications.
A. Temporary Promotion to Fire Battalion Chief. Employees appointed to a temporary
Fire Battalion Chief position shall receive beginning rates as described in Section 3.3
above.
SECTION 3.4. Service. The word service, as used in this Agreement, shall be defined to mean
continuous, full -time service in his present classification, service in a higher classification, or
service in a classification allocated to the same salary range and having generally similar duties
and requirements. A lapse of service by any employee for a period of time longer than thirty (30)
calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated
length of service of such employees for the purpose of this Agreement. Such employees re-
entering the service of the City, shall be considered as a new employee, except that he may be re-
employed within one (1) calendar year and placed in the same salary step in the appropriate
compensation range as he was at the time of the termination of employment.
SECTION 3.5. Advancement within Schedule. The following regulations shall govern salary
advancements within ranges:
A. Merit Advancements. An employee shall be considered for advancement through the
salary ranges upon completion of the minimum length of service as specified in
Section 3.5 (C.3) below.
B. Advancement through the salary range may be granted only for continuous,
meritorious and efficient service, and continued improvement by the employee in the
effective performance of his duties.
C. A merit increase shall become effective on the first day of the pay period following
completion of the length of service required for such advancement. Such merit
advancement shall require the following:
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1) The Fire Chief shall file with the Human Resources Director a Personnel
Action Form and a completed Performance Evaluation form recommending
the granting or denial of the merit increase and supporting such
recommendation with specific reasons therefore. A disapproval from the
Human Resources Director, together with the reasons therefore, shall be
returned to the Fire Chief.
2) The recommendation of the Fire Chief and the approval of the Human
Resources Director shall be forwarded to the Payroll Division of the Finance
Department for change of payroll status.
3) Advancement through the pay range step "C" through step "F" shall occur in
yearly increments.
D. Special Merit Advancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, the Fire Chief may recommend to the
Human Resources Director that said employee be advanced to a higher pay step
without regard to the minimum length of service provisions contained in this
Agreement. The Human Resources Director may, on the basis of the Fire Chiefs
recommendation, approve and effect such an advancement.
E. Length of Service Required When Advancement is Denied. When an employee has
not been approved for advancement to the higher salary step, he may be reconsidered
for such advancement at any subsequent time. This reconsideration shall follow the
same steps and shall be subject to the same action as provided in the above paragraph
of this section.
SECTION 3.6. Promotion and Probationary Period.
A. Salary. When an employee is promoted to a position in a higher classification, he may
be assigned to Step "A" in the appropriate range for the higher classification;
provided, however, that if such employee is already being paid at a rate equal to or
higher than Step "A ", he may be placed in that appropriate salary range as will grant
him an increase of at least one (1) salary step. At the discretion of the Fire Chief and
the Human Resources Director, an employee may be granted a two or three salary step
increase upon promotion.
B. Probationary Period. An employee who is promoted to a class shall serve a
probationary period during which he shall have an opportunity to demonstrate
suitability for the job. The probationary period shall be 365 days from the date of
promotion or date of hire for lateral appointments. For good cause, with the approval
of the Human Resources Director, the Fire Chief may extend such probationary
period up to an additional six (6) months. The employee shall attain regular status in
the class upon successful completion of the probationary period. An employee who
does not satisfy the standards of the class during the probationary period, shall be
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notified, in writing. Such notice, if the employee has achieved regular status, shall
include the reasons for such action. If regular status to the class is not achieved, such
employee shall be demoted to the appropriate step in his former classification unless
the reasons warrant termination from City employment.
C. Probationary Period for Temporary Fire Battalion Chief The probationary period for
employees appointed to the position of Temporary Fire Battalion Chief shall be 365
days from the date of the temporary promotion. If there is a break in serving as a
Temporary Fire Battalion Chief which is more than 365 days from the date of the
temporary promotion, then the probationary period starts over. If there is a break in
serving as a Temporary Fire Battalion Chief which is less than 365 days from the date
of the temporary promotion, then all time served during the probationary period will
count toward the probationary period.
SECTION 3.7. Demotion. If, pursuant to the provisions of this Memorandum of Understanding,
an employee is demoted to a position in a lower classification, the new salary rate shall be fixed
in the appropriate salary range for the lower classification, in accordance with the following
provisions:
A. Salary rates shall be reduced by at least one (1) step, and
B. The new salary rate must be within the salary range for the classification to which
demoted.
SECTION 3.8. Assignment Pay.
A. Deputy Chiefs. Fire Battalion Chiefs assigned as Deputy Chiefs by the Fire Chief shall
receive a sixteen (16 %) percent salary increase over the base pay of the Battalion Chief
position. This form of compensation, also referrred to as "Management Incentive Pay,"
shall continue to be reported to Ca1PERS as special compensation and therefore
compensation earnable pursuant to California Public Employees' Retirement System
PERS) Regulations, Section 571(a)(1).
B. Training Officer. Fire Battalion Chiefs assigned to Training shall receive a twelve (12 %)
percent salary increase above the Fire Battalion Chief s base pay. This form of
compensation, also referred to as "Training Premium" or "Safety Officer
Training /Coordinator Premium," shall continue to be reported to Ca1PERS as special
compensation and therefore compensation earnable pursuant to California Public
Employees' Retirement System (PERS) Regulations, Section 571(a)(4).
C. All special assignments shall be made or revoked at the discretion of the Fire Chief.
SECTION 3.9. Urban Search and Rescue Certification Bonus Effective March 1, 2008, the City
shall provide an Urban Search and Rescue (USAR) certification bonus of $75.00 per month for
qualified unit members, as approved by the Fire Chief. The qualified member's bonus pay shall
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become effective on the first day of the pay period following submission of proof of certification.
This form of compensation, also referred to as "Educational Incentive," shall continue to be
reported to CalPERS as special compensation and therefore compensation earnable pursuant to
California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(2).
SECTION 3.10. Bilingual Bonus. Effective March 1, 2008, the City shall provide a bilingual
bonus of $140.00 per month for qualified unit members. Employees shall be required to
demonstrate bilingual competency to be eligible for a bilingual bonus, and may be required to
demonstrate continued proficiency on an as- needed basis. The Human Resources Department
shall be responsible for developing and conducting bilingual skill competency tests. Bilingual
bonuses shall be limited to those languages for which there is a demonstrated need for Fire
Department personnel as determined by the City. The qualified member's bonus pay shall
become effective on the first day of the pay period following completion of the bilingual
examination. This form of compensation, also referred to as "Bilingual Premium," shall continue
to be reported to Ca1PERS as special compensation and therefore compensation earnable
pursuant to California Public Employees' Retirement System (PERS) Regulations, Section
571(a)(4).
SECTION 3.11. Chief Officer Certification. Effective March 1, 2010 the City shall provide a
Chief Officer Certification bonus of $150.00 per month for qualified unit members. The
qualified member's bonus pay shall become effective on the first day of the pay period following
submission of proof of certification. This form of compensation, also referred to as "Educational
Incentive," shall continue to be reported to Ca1PERS as special compensation and therefore
compensation earnable pursuant to California Public Employees' Retirement System (PERS)
Regulations, Section 571(a)(2).
SECTION 3.12. California Incident Command Certification System ( CICCS) Bonus. Effective
March 1, 2008, the City shall establish a $100.00 per month bonus for unit members who are
certified as a CICCS Strike Team Leader. The qualified member's bonus pay shall become
effective on the first day of the pay period following submission of proof of certification. This
form of compensation, also referred to as "Educational Incentive," shall continue to be reported
to Ca1PERS as special compensation and therefore compensation earnable pursuant to California
Public Employees' Retirement System (PERS) Regulations, Section 571(a)(2).
Article IV
WORK WEEK - WORK SCHEDULE
SECTION 4.1. Suppression Personnel. Fire suppression personnel will work an average work
week of 55.9 hours.
SECTION 4.2. All Other Personnel. The regular work week for all other personnel shall
continue to consist of 40 hours, four (4), ten (10) hour days. The meal period will be considered
time worked" as provided by the FLSA for employees working this 4/.10 schedule.
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SECTION 4.3. For fire suppression personnel, the current three (3) platoon work schedule
consisting of twenty -four (24) hour shifts commencing at 7:00 a.m. shall continue in effect.
SECTION 4.4. The work cycle for sworn Fire Department suppression personnel will be nine
9) days within a twenty seven (27) day work period.
Article V
OVERTIME. CALL BACK PAY, SHIFT EXCHANGE
COMPENSATORY OVERTIME
SECTION 5.1. Compensatory time shall be paid as follows:
A. For fire suppression employees having an average work week of 55.9 hours,
compensatory time shall accumulate at the premium rate of one and one -half (1 %2)
hours of compensatory time for each one (1) hour of overtime actually worked in
excess of the employee's regularly scheduled working hours for a 27 -day work cycle.
B. For employees having an average work week of forty (40) hours, compensatory time
shall be accumulated at the premium rate of one and one -half (1 1 /2) hours of
compensatory time for each one (1) hour of overtime actually worked during the
employee's regular work week.
C. Only time actually worked shall count in the computation of overtime, except for call
back in accordance with this Article.
D. Compensatory time for overtime will be accumulated in one - quarter ( hour
increments. Where an employee works less than one - quarter ( hour per day of
overtime, the employee shall not receive compensatory time for overtime of less than
one - quarter ( hour per day work. In order to be entitled to compensatory time, such
compensatory time must be authorized by the Fire Chief or authorized agent.
Effective January 1, 2001, all compensatory time, except holiday compensatory time,
shall be subject to a 240 hour cap at any given time. Any compensatory time accrued
over 240 hours shall be automatically paid in the following pay period. Accumulated
compensatory time not taken off in the calendar year in which it was earned may be
carried over to the next year up to a maximum of eighty (80) hours. Any accumulated
compensatory time carried over to a succeeding calendar year must be used during the
calendar year or it shall be automatically paid on the first pay period of the new
calendar year.
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E. Upon promotion to Battalion Chief, the City shall pay 100% of all prior compensatory
time earned at the Fire Captain salary rate for the individual promoted.
SECTION 5.2. Payment upon Termination. Employees shall be entitled to receive payment for
all accumulated compensatory time upon their termination.
SECTION 5.3. Usage of Compensatory Time Previously Earned. Accumulated compensatory
time off may be taken by an employee upon reasonable notice and prior approval of the Fire
Chief.
SECTION 5.4. In any instance involving use of a fraction of a day's compensatory time, the
minimum charge to the employee's compensatory time account shall be one - quarter ( hour.
SECTION 5.5. Overtime (Paid Overtime). Compensatory time shall be paid at the regular rate
of pay or equal time off, when authorized by the Fire Chief or authorized agent.
A. Overtime shall be paid at the regular rate of pay and paid during the pay period in
which it was earned. For personnel having an average work week of 55.9 hours,
premium" pay shall be calculated at one and one -half (1'/2) times the employee's
regular rate of pay for actual hours worked in excess of 204 hours during a 27 day
work cycle. Hours eligible for "premium" pay shall equal regular hours, plus
overtime hours worked, minus leave time (sick leave, vacation, compensatory time
off), minus 204. "Premium" pay shall be paid in the pay period in which the 27 day
cycle ends. Compensatory time may be accrued in lieu of receiving pay for those
hours eligible for "premium" pay.
B. For personnel having an average work week of forty (40) hours, "premium" pay shall
be calculated at one and one -half (1'/2) times the employee's regular rate of pay for the
actual hours worked in excess of forty (40) hours in a 7 day work week. Hours
eligible for "premium" pay shall equal regular hours plus overtime hours worked
minus leave time (sick leave, vacation, compensatory time off), minus forty (40).
Premium" pay shall be paid in the pay period in which it was earned. Compensatory
time may be accrued in lieu of receiving pay for those hours eligible for "premium"
pay.
SECTION 5.6. Nothing herein is intended to limit or restrict the authority of the City to require
any employee to perform overtime work.
SECTION 5.7. Call Back Pay.
A. When a fire suppression employee is required to report back to work after completing
a normal work shift, and having left City premises and /or work locations, the fire
suppression employee shall receive a minimum of 2.8 hours of compensatory time as
call back pay. Forty (40) hour personnel will receive two (2) hours minimum as
compensatory time for call back pay. Call back compensatory time shall be paid at
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the premium (time and one -half) rate of pay or equal time off, when authorized by the
Fire Chief or authorized agent.
B. During times of disaster, when so proclaimed by the Mayor of the City, overtime for
all fire personnel shall be computed as though the fire personnel worked a forty (40)
hour week.
SECTION 5.8. Shift Exchange.
A. Employees shall have the right to exchange shifts when the change does not interfere
with the operation of the Fire Department, except in the case of emergency. No
obligation shall accrue to the City as a result of the operation of this provision.
B. It shall be the responsibility of the individual who has agreed to work to report for
duty or, if unable to report for duty, make arrangements for his replacement. In the
event he is unable to find a replacement, the City may hire an overtime replacement
and charge the vacation or compensatory time of the individual who was unable to
report for duty.
SECTION 5.9. Reimbursement from California Office of Emergency Services (Cal -OES) The
City will compensate its employees overtime in accordance with the current Memorandum of
Understanding, portal to portal, while in the course of their employment and away from their
official duty station and assigned to an emergency incident, in support of an emergency incident,
or pre - positioned for emergency response.
Article VI
INSURANCE PROGRAMS
SECTION 6.1. Health Insurance.
A. The City shall contract with Ca1PERS (California Public Employees' Retirement
System) to make available those health insurance benefits provided under the Public
Employees' Medical and Hospital Care Act (PEMHCA).
B. The City shall contribute toward the payment of premiums under the Ca1PERS Health
Benefits Plan to each eligible retiree annuitant of Ca1PERS to the extent required by
law, a contribution of $125.00 per month ($128 per month effective January 1, 2017).
Effective January 1 each year, this contribution is expected to be adjusted annually by
the CalPERS Board of Administration to reflect any change in the medical care
component of the Consumer Price Index.
C. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan
for active full -time and part-time eligible employees and pay the following amounts to
provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay:
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D. Any amounts in excess of the amounts designated in Section C necessary to maintain
benefits under any benefits plan selected by the employee shall be borne solely by the
employee.
E. An employee cannot be enrolled in the Ca1PERS Health Benefits Plan if a spouse is
enrolled in the same agency or enrolled in an agency with Ca1PERS Health, unless the
employee (or the spouse) is enrolled without being covered as a family member.
Additionally, an employee may choose to not be enrolled in the Health Benefits Plan.
If an employee chooses not to be enrolled in a health plan, the employee must provide
proof of group medical insurance coverage (e.g., coverage under a spouse's
employer's plan) that is compliant with the Affordable Care Act (ACA), as
determined by the Human Resources Director. Based upon determination that group
medical insurance coverage is in full force and effect, eligible employees shall receive
the monthly contribution as described in section C above toward the Flexible Benefits
Plan. In the event the employee loses eligibility (with documentation), the employee
may enroll in the Ca1PERS Health Benefits Plan pursuant to their rules and
regulations.
F. The City may reopen negotiations at any time during the term of the MOU to address
the impact of the ACA, provided that no changes may be made by the City unless they
are either (1) mandated by the ACA or (2) mutually agreed upon by the parties.
SECTION 6.2. Life Insurance. The City shall contribute the full premium towards a $75,000
life insurance benefit. The City shall have the right to change life insurance carriers and
administer the life insurance benefits provided herein.
SECTION 6.3. Disability Insurance. Effective February 1, 2013, the City shall make a
contribution to the Orange City Firefighters, Local 2384, of $54.05 per month per regular full
time Fire Management bargaining unit employee toward a long term disability insurance benefit
plan offered by the Orange City Firefighters and selected by the Orange Fire Management
Association. Such plan shall be open to all Fire Management bargaining unit employees and the
Association shall hold the City harmless, defend and indemnify the City for any claims regarding
the administration or payment of claims under any Association sponsored plan.
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Article VII
EDUCATIONAL REIMBURSEMENT, PROFESSIONAL DEVELOPMENT AND
INCENTIVE PROGRAMS
SECTION 7.1. The City will reimburse employees for the cost of tuition, textbooks, parking
fees, and health fees required for approved community college and college courses. An approved
course is one designed to directly improve the knowledge of the employee relative to his specific
job and must be approved by the Fire Chief and the Human Resources Director prior to
registration. Full reimbursement up to the amount specified below will be provided based upon
completion of the approved course(s) with a final grade of "C" or better.
SECTION 7.2. Educational reimbursement payments to an employee shall not exceed $1,500 in
one (1) fiscal year. The employee must still be employed by the City when the course is
completed.
A. Professional Development. The City agrees to allow reimbursement to employees of
up to $800 of the $1,500 allotted per fiscal year for activities which aid in their
professional development. Reimbursable activities include the following:
1) Attendance at job - related professional conferences and seminars;
2) Payment of membership dues in community and professional organizations;
3) Purchase of job - related professional journals, books, and other written
materials which further their knowledge and improve their effectiveness in
their duties.
B. Participation and/or purchase must be approved in advance by the department head
and the Human Resources Director.
C. The above modifications are made to recognize and encourage staff to pursue
educational and public relations oriented activities beyond those normally budgeted
for them by their departments and in which they are directed to participate. Approved
activities are those which may be expected to further their knowledge of their jobs
and the Orange community and which contribute to their improved effectiveness.
Individual departments may continue to budget funds for staff attendance at
professional conferences and seminars for payment of professional membership dues
and for the purchase of books, journals, and related written materials which enhance
the staff s knowledge.
SECTION 7.3. Educational Incentive Program The City agrees to establish the following
educational incentive program payable on a monthly basis for safety employees in the bargaining
unit.
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Article VIII
UNIFORMS
SECTION 8.1. The City of Orange shall purchase uniforms for all regular uniformed members
of the Fire Department. All uniforms thus purchased shall remain the property of the City of
Orange.
A. Effective March 1, 2010, total expenditures for the Fire Department shall not exceed
800 per fiscal year per uniformed officer.
B. This $800 per year is reportable to Ca1PERS as pensionable compensation, except for
new members" hired on or after January 1, 2013, pursuant to the California Public
Employees' Pension Reform Act of 2013 (PEPRA).
SECTION 8.2. All protective clothing or protective devices required of employees in the
performance of their duties shall be furnished without cost to the employees by the Employer.
Article IX
HOLIDAYS
SECTION 9.1. Fire Department employees shall have the following paid holidays in accordance
with this Article:
1) January 1S (New Year's Day)
2) The third Monday in February (Presidents' Day)
3) The last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) The first Monday in September (Labor Day)
6) November 11 (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) One -half day before Christmas (Christmas Eve) - (regular employees receive 5
hours, suppression employees receive 6 hours)
10) December 25 (Christmas Day)
11) A total of two (2) Floating Holidays
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SECTION 9.2.
A. Fire suppression employees who work an average work week of 55.9 hours, shall
receive holiday pay in lieu of holiday time off or the equivalent in holiday
compensatory time pursuant to policies established by the Fire Department and the
Association.
B. One working day equals twelve (12) hours for suppression personnel.
C. Fire employees who have a regular forty (40) hour work week, shall receive ten (10)
hours off with pay for such holidays.
D. As set forth in this Memorandum of Understanding, the terms `holiday pay' or
holiday pay in lieu of time off shall be defined as cash compensation in the same
amount the affected employee would have received had he /she taken the holiday off
with pay, which would include the individual's base pay, plus premiums that qualify
as `special compensation' as defined in the PERL (California Public Employees'
Retirement Law).
SECTION 9.3. For those employees whose regular work week is forty (40) hours, in the event
any of the above holidays, except one -half (1/2) day before Christmas, fall on a Sunday, the
following Monday will be taken in lieu of the holiday. When any of the above holidays fall on a
Saturday, except one -half (1/2) day before Christmas, the preceding Friday will be deemed a
holiday. If the day before Christmas falls on a Saturday or Sunday, forty (40) hour personnel
shall receive an additional one -half day.
SECTION 9.4. Should an employee whose regular work week is forty (40) hours be required to
work on a holiday, the employee shall receive holiday pay and straight time pay for all hours
worked on the holiday or the equivalent time off as compensatory time. Work on a holiday must
be approved by the Fire Chief. Employees shall receive no other compensation for working a
holiday.
SECTION 9.5. Should one of the holidays listed above fall during the employee's vacation
period, the employee shall receive holiday pay and no charge shall be made against the
employee's accumulated vacation.
SECTION 9.6. For employees having an average work week of forty (40) hours, the two (2)
floating holidays shall be taken at the convenience of the City with approval of the Fire Chief or
his duly authorized agent. Employees promoted into this bargaining unit after January 1S shall
receive a prorated portion of the two (2) floating holidays during their first calendar year in this
bargaining unit. The floating holidays are not accumulative and shall be forfeited should they not
be taken during the year they are earned. Employees under this section who terminate their
employment with the City prior to using their floating holidays shall receive cash reimbursement
for said time.
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Article X
VACATION
SECTION 10.1. Fire Department Management employees shall be entitled to vacations as
follows (see Appendix "B ", Vacation Benefits for detail)
A. Schedule A : For Battalion Chiefs who work an average 55.9 hour work week.
B. Schedule B : For Battalion Chiefs who work a regular forty (40) hour work week.
SECTION 10.2. Vacation shall be taken at the convenience of the City with the approval of the
Fire Chief. Where possible, such vacation should be taken annually and not accumulated from
year to year. Vacation days not in excess of the equivalent number of days earned in the
immediately preceding twenty -four (24) month period may be accumulated with the permission
of the Fire Chief and the Human Resources Director. Employees shall not accumulate vacation
in excess of the equivalent number of days earned in the immediately preceding twenty -four (24)
month period. Such excess not taken by the employee, shall be automatically paid.
SECTION 10.3. An employee may convert up to fifty percent (50 %) of his current annual
vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion
must meet the eligibility requirements as set forth in Section 10.1 and may only convert once in
each calendar year.
SECTION 10.4. Employees who terminate their employment with the City shall be paid for
accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall
be on the basis of one - twelfth (1/12) of the employee's annual vacation pay for each full month
of service.
Article XI
OTHER LEAVES OF ABSENCE
SECTION 11.1. Leave of Absence Without Pay. For all regular employees as described herein,
the following Leave Without Pay procedure shall apply:
A. After all available leave benefits, including vacation, compensatory time, and other
leave benefits have been completely used, a regular employee, not under suspension,
may make written application to the department head for leave without pay. No such
leave will be considered absent a written application from the employee requesting
leave.
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B. If the Fire Chief and the Human Resources Director agree that such leave is merited
and in the interest of the City, leave may be granted for a period not to exceed six (6)
months following the date of expiration of all other allowable leave benefits.
C. No employment or fringe benefits such as sick leave, vacation, health insurance,
retirement, or any other benefits shall accrue to any employee on leave of absence
without pay except as denoted under the City's Family Care and Medical Leave
provisions. During such leave in excess of five (5) working days, no seniority shall
be accumulated.
D. Subject to and consistent with the conditions of the group health, life or disability
plan, coverage may be continued during a leave, provided direct payment of the total
premium by the employee is made through and as prescribed by the Payroll Division
of the City. The City will pay up to six (6) months of the Flexible Benefit Plan
contribution for employees who are on long term disability leave.
E. At the end of such leave, if the employee desires additional leave, written application
must be made through the Fire Chief to the Human Resources Director at least ten
10) days before the end of the six (6) month period, stating the reasons why the
additional leave is required and why it would be in the best interests of the City to
grant such leave of absence. If such additional leave is merited and would still
preserve the best interests of the City, he may approve such extension of the leave of
absence for a period up to but not to exceed an additional six (6) months.
F. If the employee does not return to work prior to or at the end of such leave of absence
or extension of leave of absence, the City shall consider that the employee has
terminated his employment with the City.
G. An employee on leave of absence must give the City at least seven (7) days' written
notice of his intent to return to work prior to returning to work.
H. Any employee who engages in outside employment during said leave of absence
without prior notification and approval of the Human Resources Director and Fire
Chief may be subject to termination.
I. Any employee who falsifies the reason for the request for said leave of absence may
be terminated for falsifying a request for leave of absence or extension thereof.
J. Such leave shall be granted on the same basis for pregnancy, childbirth, and other
medically related conditions, except that such an employee shall retain her seniority
rights.
K. Forms setting forth the benefits available or such other pertinent information shall be
maintained for distribution in the Human Resources Department.
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SECTION 11.2. Personal Necessity Leave. Employees may be allowed up to one (1) working
day per month without pay for personal business with approval of the Fire Chief. Employees
shall accrue no employment benefits for any personal necessity leave in excess of one (1) day per
month.
SECTION 11.3. Jury. When required to serve on a jury while on duty, employees shall
have time off for a period of actual service required on the jury. Employees shall receive their
regular pay while serving on jury duty during their regular working hours, provided all jury fees
paid to the individual employee, less automobile expenses allowed, are turned over to the City.
If an off -duty employee is called as a witness on behalf of the City, he shall receive overtime pay.
Any witness fees that accrue to the employee for his witness services for the City shall be turned
over to the City.
SECTION 11.4. Military Leave of Absence. If an employee is required to take military training
two (2) weeks each year, he shall be entitled to military leave of absence under the provisions of
State law, found in Section 395- 395.02 of the Military and Veterans Code. An employee must
provide a copy of their military orders to the Human Resources Department to qualify for a
military leave of absence. Any exceptions to this provision shall be considered on a case by case
basis, with final approval of the Human Resources Director.
SECTION 11.5. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in
accordance with the following:
A. For employees who work an average of 55.9 hours, twelve (12) hours of sick leave
will accrue for each month of continuous service.
B. For employees who work a regular forty (40) hour week, eight (8) hours of sick leave
will be accrued for each month of continuous service.
C. All non - benefitted employees shall receive sick leave as required by State law.
D. For employees who work an average 55.9 hour work week, sick leave will be charged
at the rate of one (1) shift, twenty -four (24) hours for each work shift an employee is
absent.
E. For employees working a regular forty (40) hour week, sick leave will be charged at
the rate of one (1) day, ten (10) hours for each working day an employee is absent.
SECTION 11.6. Sick Leave Usage. Any employee eligible for sick leave with pay shall be
granted such leave for the following reasons:
A. Personal illness or physical incapacity resulting from causes beyond the employee's
control, including pregnancy, childbirth and other medically related conditions.
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B. Medical and dental office appointments during working hours, when authorized by
the Fire Chief.
C. Employees working a regular forty (40) hour week may charge 48 hours per calendar
year to sick leave for reasons of illness or injury of any employee's immediate family.
Employees who work an average 55.9 hour week may charge 72 hours per calendar
year to sick leave for reasons of illness or injury of any employee's immediate family.
Immediate family" as used in this subsection is limited to any relation by blood,
marriage, or adoption who is a member of the employee's household (under the same
roof), any parent, substitute parent, parent -in -law, spouse, registered domestic partner,
child, brother, sister, grandchild, or grandparent of the employee, regardless of
residence.
D. For an employee who is a victim of domestic violence, sexual assault, or stalking, for
the purposes described in Labor Code sections 230(c) and 230.1(a).
E. Bereavement Leave. The death or critical illness where death appears to be imminent
of a member of the employee's immediate family. "Immediate family" is used in this
Agreement as limited to any relation by blood, marriage, or adoption, who is a
member of the employee's household, under the same roof, and any parent, substitute
parent, parent -in -law, legal guardian, spouse, registered domestic partner, child,
brother, sister, grandparent, grandparent -in -law, grandchild, brother -in -law, sister -in-
law, aunt, or uncle of the employee, regardless of residence. Days of absence due to
bereavement leave shall not exceed three (3) consecutive working days per incident
for forty (40) hour personnel or two (2) consecutive twenty -four (24) hour shifts per
incident for 55.9 hour personnel, and shall not be deducted from the employee's
accumulated sick leave. An employee on bereavement leave shall inform his
immediate supervisor of that fact, and the reasons therefore, as soon as possible.
Failure to do so within a reasonable period of time may be cause for denial of
bereavement leave with pay for the period of absence. The City may require proof of
the relationship as a condition to payment of bereavement leave. Employees wishing
to take additional time off for bereavement may use sick leave, vacation, or
compensatory time, with approval of the Fire Chief.
F. Sick leave may be applied only to absence caused by illness or injury (including
industrial illness or injury as set forth in Section 11.7) of an employee and may not
extend to absence caused by illness or injury of a member of the employee's family,
except as set forth in (C) and (D) above. In any instance involving use of a fraction of
a day's sick leave, the minimum charged to the employee's sick leave account shall be
one - quarter ( 1 /4) hour, while additional actual absence of over one - quarter ( hour
shall be charged to the nearest one -half (' /z) hour. The Fire Chief shall be responsible
for control of abuse of sick leave privileges if such absence exceeds four (4) working
days for 40 hour work week personnel or three (3) twenty -four (24) hour shifts for
suppression personnel. An employee may be required, as a condition to receiving
sick leave pay, to furnish a certificate of illness issued by a licensed physician or
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nurse, or other satisfactory evidence of illness, in writing, on a form supplied for this
purpose.
G. The Association shall cooperate with the Fire Chief in reducing and curbing sick
leave usage.
H. Service Retirement. Upon retiring from City service and entering the Public
Employee's Retirement System, an employee with a minimum of five (5) years of
continuous service to the City shall receive pay for 50% of all unused sick leave
hours.
I. Disability Retirement. Each employee who receives a work - related permanent
disability retirement pursuant to the Public Employees' Retirement System shall be
paid all accumulated unused sick leave benefits, and is entitled to have such date of
retirement delayed by a crediting of his accumulated sick leave in accordance with
State Law.
J. Upon the death of an employee while employed by the City, one hundred (100 %)
percent of all accrued sick leave benefits shall be paid to the beneficiary of the
deceased employee. Payment will be made when proper authorization is received
from the estate of the decedent employee.
SECTION 11.7. Workers' Compensation: Workers' Compensation benefits will be provided as
follows:
A. Safety Personnel: Salary continuance for safety personnel will be provided in
accordance with the current State of California's Department of Workers'
Compensation Laws and regulations.
B. Modified Light Duty Work Programs: An employee may be eligible for a temporary
modified light duty assignment while recovering from an injury or illness. The
availability of the assignment depends on the restrictive nature of the injury or illness
and the availability of light duty. This assignment is subject to approval of the Human
Resources Director and Fire Chief.
C. Course of Employment. Should it be determined by the employee's doctor, or an
agreed doctor by both parties, or an Administrative Law Judge through the Workers
Compensation Appeals Board that an employee's illness or injury did not arise in the
course of the employee's employment with the City or that the employee is not
temporarily or permanently incapacitated or disabled as a result of the injury or
illness, then the employee's accrued, or if insufficient, future sick leave shall be
charged to reimburse the City for any payments made to the employee pursuant to
above.
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D. Physician Pre-Designation. Before a work related injury, an employee may elect to
pre- designate a qualified medical provider if done in accordance with the Department
of Workers' Compensation. Pre - designation regulations include but are not limited to
the following criteria:
1) The physician has a previous history of directing the medical treatment of the
employee;
2) The physician retains the medical records and history of the employee; and
3) The physician agrees to treat work - related injuries or illnesses in accordance
with the regulations.
E. Fringe Benefits. The City will continue to provide vacation, sick leave, insurance, and other
fringe benefits for employees who qualify for workers' compensation. Any fringe benefits not
paid by the City pending the determination of whether an injury /illness is job - related shall be
paid retroactively if the injury /illness is subsequently determined to be job- related. In such
instances the employee shall be reimbursed for any benefit or premium payments made by the
employee prior to the job - related determination being finalized.
Article XII
RETIREMENT
SECTION 12.1. The City shall continue its present participation in the California Public
Employees' Retirement System. This participation shall include, but not be limited to:
A. One (1) year Final Compensation (Government Code Section 20024.2).
B. The City will pay the premium to provide employees covered under this agreement
with the Third Level of the PERS 1959 Survivor Benefit option. The City agrees to
adopt the 4th level of PERS Survivor Benefit pursuant to California Government Code
Section 21574. This provision is subject to employees paying the monthly cost of this
benefit through payroll deduction and contingent on agreement by all other necessary
City bargaining units as required by Ca1PERS and the Ca1PERS statutes.
C. Employees shall contribute nine percent (9 %) of their PERS - reportable income, on a
pre -tax basis, toward their Ca1PERS Member Contribution Rate. The City's report to
the Public Employees' Retirement System will show this amount as the employees'
contribution.
D. The employee will be provided with a biweekly paystub showing the amount of
contribution as deferred.
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E. Employee paid member contributions to CalPERS for all employees covered by this
MOU shall be made pursuant to section 414(h)(2) of the Internal Revenue Code to
enable the employee's taxable income to be reduced by the amount of the employee
paid contribution.
SECTION 12.2. Effective May 20, 2001, the City agrees to provide the PERS 3% @ Age 50
benefit program, as set forth in Section 21362.2 of the California Government Code. The City
shall pay all remaining costs toward the retirement program for employees covered herein.
SECTION 12.3 Safes PERS Formula — Tier 2. Employees hired on or after January 1, 2013,
shall be subject to the California Public Employees' Pension Reform Act of 2013 (PEPRA).
This shall include but not be limited to the following: Those who are "new members" as that
term is defined in the legislation shall be subject to the 2.7% at Age 57 pension formula, their
pension based on their average annual compensation over a three (3) year period, and no
employee paid member contribution. New members shall pay one -half of the normal cost as that
term is defined in the statute. This member contribution rate for new members has been
established by CalPERS at 12.0% of reportable compensation and is subject to change by
CalPERS.
SECTION 12.4 Retirement Health Savings Plan. Effective November 27, 2007, the City Council
approved a Retirement Health Savings Plan for employees covered by this Memorandum of
Understanding. Effective December 1, 2007, all Fire Management employees are required to
participate in the plan by converting the value of the following forms of compensation, on a tax -
deferred basis, into their savings account:
100% of eligible accrued Sick Leave cashout value at separation from service in
accordance with Section 11.6 H above
100% of eligible accrued Vacation Leave cashout value at separation from service
100% of eligible accrued Other Leave cashout value at separation from service
Article XIII
TRAVEL EXPENSE ALLOWED
SECTION 13.1. Automobile Allowance. Expense claims for the use of private automobiles
must be submitted to Accounts Payable for reimbursement with department head signature. Such
use, if approved, will be reimbursed according to IRS regulations.
SECTION 13.2. Out of City Travel. If the estimated expense of contemplated travel out of the
City is too great to expect the employee to finance the trip and be reimbursed upon his return, the
City Manager may authorize advance payment of the estimated amount of the travel expense to
the employee.
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SECTION 13.3. Tourist class airplane passage will be considered standard for out -of -town
travel.
SECTION 13.4. Use of personal cars for out -of -town trips, within the State, may be approved by
the City Manager when use of commercial transportation is not available or practical. If an
employee prefers to use his personal car, he may be reimbursed the amount of the cost of the
commercial transportation. A flat rate according to IRS regulations may be approved for use of
personal cars when City cars are not available.
SECTION 13.5. Air, rail, or public transportation used and expenses for local transportation
such as taxi cabs and bus fare, will be allowed whenever such transportation is necessary for
conduct of City business. In addition, the following expenses and charges will be allowed,
whenever necessary, for conducting City business:
A. Expense will be allowed for adequate lodging. Hotel accommodations shall be
appropriate to the purpose of the trip.
B. Telephone and fax charges will be allowed for official calls and transmissions.
C. Expenses for meals will be reimbursed according to the Finance Department's
Administrative Policy Number 4.13.
Article XIV
SAFETY STANDARDS
SECTION 14.1. The City shall abide by all applicable federal and state statutes, and local
ordinances relating to health and safety.
SECTION 14.2. Health Fitness Standards. In an effort to improve and maintain the physical and
mental well being of all fire safety personnel, and to reduce the frequency and intensity of work
related injuries and illness, the Association and the City agree to the following Health Fitness
Standards:
A. Smoking: As a condition of employment, new employees shall refrain from smoking
on duty.
1) Existing employees will be encouraged to become non - smokers; be provided
with information and /or training to assist such effort and, the City may
provide medical assistance as required.
2) Designated smoking /non - smoking regulations and areas will be established
in all Fire Department buildings.
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B. Physical Fitness: The City shall allow and encourage employees to participate in
recognized physical fitness programs while on duty which shall not conflict with the
Department's ability to provide services or previously scheduled activities.
C. Responsibilities:
1) The City shall provide optional physical exams that meet or exceed NFPA
recommendations, for all Department safety employees. The results of all
exams, except that which is required by law, shall be confidential between
the examining physician and the employee.
SECTION 14.3. Physical Fitness Incentive Program. Employees may receive up to $395 per
fiscal year towards reimbursement for items A and /or B below.
a. Membership in a health/fitness club.
b. Participation in a weight loss /stop smoking /wellness /fitness program.
Article XV
NO STRIKE - NO LOCKOUT
SECTION 15.1. Association Prohibited Conduct. The Association, its officers, agents,
representatives and /or members agree that during the term of this agreement, they will not cause
or condone any strike, walkout, slowdown, or any other concerted job action by withholding or
refusing to perform services. A violation of this section by any employee shall constitute just
cause for discharge pursuant to Article XVII.
SECTION 15.2. City Prohibited Conduct. The City agrees that it shall not lockout its employees
during the term of this Agreement. The term "lockout" is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall or failure to return to work of the
employees of the City in the exercise of its rights as set forth in any of the provisions of this
Agreement or applicable ordinance or law.
SECTION 15.3. Association Responsibility. In the event that the Association, its officers,
agents, representatives, or members engage in any of the conduct prohibited in Section 15.1
above, the Association shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this Memorandum of Understanding, and request that all such persons
immediately cease engaging in conduct prohibited in Section 15.1 above, and return to work.
If the Association acts in good faith to meet its responsibilities as set forth above, the
Association, its officers, agents, representatives and its members shall not be liable for damages
for prohibited conduct engaged in by employees who are covered by this Agreement in violation
of Section 15.1.
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SECTION 15.4. The City shall have the right to bring suit for damages and/or equitable relief in
the Courts for breach of this Article.
Article XVI
CITY RIGHTS
SECTION 16.1. The City reserves, retains, and is vested with, solely and exclusively, all rights
of Management which have not been abridged by specific provision(s) of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of Management, as they are not
abridged by this Agreement or by law, shall include the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the necessity and organization of any service or activity provided by law
as conducted by the City.
C. To determine the nature, merit, and technology of services to be provided to the
public.
D. Methods of financing.
E. Types of equipment or technology to be used.
F. To determine and /or change the location of facilities, through which the City
operations are to be conducted.
G. To determine types of operations, processes and materials to be used in carrying out
City functions.
H. To assign work to and schedule employees in accordance with the terms of this
Agreement.
I. To relieve employees from duties for lack of work or similar non - disciplinary reasons
subject to negotiations as required by law.
J. To discharge, or otherwise discipline the employees for just cause, subject to
procedural due process pursuant and provisions of Article XVII.
K. To determine new job classifications as a result of a new operation subject to
negotiations as required by law.
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L. To hire, transfer, promote and demote employees for non - disciplinary reasons in
accordance with this Memorandum of Understanding.
M. To determine standards for selection, training, and promotion of employees pursuant
to current City policy.
N. To continue current Fire Department policy with respect to the establishment of
performance standards.
O. To promulgate reasonable rules and regulations to maintain order and safety in the
City which are not in contravention with this Agreement.
P. To take any and all necessary action to carry the mission of the Agency in
emergencies as set forth in Article XXI, Section 21.4 Emergency Waiver Provisions.
Q. To continue those mutual response pact(s) outside the corporate limits of the City that
are currently in effect and to subcontract and enter into agreements with other cities
for the purpose of providing a multi - purpose training facility and communications
centers.
SECTION 16.2. Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated exercise of
Management's rights shall impact on a significant number of employees of the bargaining unit,
the City agrees to meet and confer in good faith with representatives of the Association regarding
the impact of the contemplated exercise of such rights prior to exercising such rights, unless the
matter of the exercise of such rights is provided for in this Memorandum of Understanding.
Article XVII
DISCIPLINE AND DISCHARGE: RULES AND REGULATIONS
SECTION 17.1. The City shall have the right to discipline (up to and including suspension of
employees) and discharge regular employees for "just cause ".
SECTION 17.2. Probationary employees shall not be disciplined up to and including discharge
for reasons which are arbitrary, and /or capricious, and /or invidiously discriminatory.
SECTION 17.3. In order to implement the provisions of the Firefighters Procedural Bill of
Rights Act, California Government Code Section 3250 et seq., in harmony with the provisions of
the Memorandum of Understanding between the City of Orange (City) and the Orange Fire
Management Association (Association), the parties hereby agree as follows:
A. The City shall comply with the provisions of the Firefighters Procedural Bill of Rights
as set forth in Government Code Section 3250 et seq.
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B. Disciplinary actions subject to the grievance procedure set forth in Article XX shall
include discipline as defined by the Firefighters Procedural Bill of Rights. If the
discipline is of a nature that entitles an employee to a hearing under the Firefighters
Procedural Bill of Rights, that hearing shall be conducted in conformance therewith.
The parties agree that the arbitrator selected pursuant to the procedures in Section
20.5 shall act in the capacity of the hearing officer and conduct the hearing in
accordance with the Firefighters Procedural Bill of Rights.
1) The Department and the Association shall endeavor to appraise each other of
potential disciplinary issues and investigations as soon as appropriate.
2) Employees subject to investigatory interviews may be accompanied by one
representative and legal counsel if requested, as long as legal counsel is
reasonably available and does not cause any significant delay of the
investigation.
C. Any hearing on a grievance alleging a violation of the Firefighters Procedural Bill of
Rights shall be conducted in conformance with the procedure set forth in Section
17.3.13.
Article XVIII
PROBATIONARY PERIOD (NEW EMPLOYEES)
SECTION 18.1. The probationary period for new employees shall be for a period of one (1) year
365 days from date of hire) in order to demonstrate suitability for the job.
SECTION 18.2. For good cause, with the approval of the Human Resources Director, the Fire
Chief may extend such probationary period.
Article XIX
PAYROLL DEDUCTIONS
SECTION 19.1. The City shall continue its present policy of payroll deductions on a bi- weekly
basis in the amount certified as authorized in writing by individual employees. Effective upon
the date of promotion from the Fire Union MOU into this Fire Management Association MOU,
the Fire Union dues collected on behalf of the promoted employee shall cease.
SECTION 19.2. The Employee agrees to hold the City harmless and indemnify the City against
any claims, causes of actions, lawsuits arising out of the deductions or transmittal of such funds.
The Employee shall notify the City within ten (10) calendar days of any discrepancy(s)
concerning other payroll deductions pursuant to this Article. If the Employee does not notify the
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City of any discrepancy within ten (10) calendar days, the City shall be relieved of any asserted
discrepancy.
SECTION 19.3 Direct Deposit. Effective March 1, 2008, all new City employees are required to
participate in the City's direct paycheck deposit program.
Article XX
GRIEVANCE - PROCEDURE
SECTION 20.1. Grievance Defined. A grievance shall be defined and limited to a dispute or
controversy between an employee, or a group of employees and the City regarding the
application or interpretation of this Memorandum of Understanding, City Personnel policies,
and /or departmental rules, regulations or practices.
SECTION 20.2. Procedural Due Process. Concerning pre - disciplinary matters, the grievance
procedure shall not act as a substitute for procedural due process rights for individual employees.
SECTION 20.3. Application of Procedure. All grievances shall be adjusted in accordance with
the procedure set forth in this Article and shall constitute the exclusive means and procedure for
the settlement and disposition of all grievances. An employee may process his own grievance
provided that any of the grievance is not inconsistent with the terms of this Memorandum of
Understanding, and a representative has been given an opportunity to be present at all grievance
proceedings, including adjustment of the grievance. The grieving parry must state in writing the
remedy sought to resolve the grievance.
SECTION 20.4. Timely Filing and Processing of Grievances. Any grievance not filed within the
time limit set forth herein shall be barred and waived. Any grievance not timely processed
through the next step of the grievance procedure shall be considered resolved in accordance with
the prior answer of the City.
SECTION 20.5. Steps of Grievance Procedure.
A. Step I. A grievance must be filed, in writing, with the Fire Chief or his designee
within twenty (20) calendar days after the grievant knew, or in the exercise of
reasonable diligence should have known, of the event giving rise to the grievance.
Within ten (10) calendar days of receipt of the grievance, a Department designee shall
meet with the grievant and his representative and submit a written response thereto.
B. Step II. If grievant is not satisfied with the decision of the Fire Chief or his designee,
or if he has not received a written decision within the time specified, the grievant may
file a written appeal with the City Manager or his designee within ten (10) calendar
days of the answer or such time when the answer was due. Within five (5) calendar
days of receipt of written appeal, the City Manager, or his designee(s), shall meet with
25
the grievant and his representative, and shall submit a written response thereto within
ten (10) calendar days of receipt of the written appeal.
Article XXI
SCOPE AND APPLICATION
SECTION 21.1. Sole and Entire Agreement. It is the Intent of the parties hereto that this
Memorandum of Understanding shall supersede all prior memorandums of understanding or
contrary City contracts and when approved by the City Council shall govern the entire
relationship between the parties.
SECTION 21.2. This Agreement is subject to amendment only by subsequent written agreement
between, and executed by, the parties hereto.
SECTION 21.3. Separability Provision. If any provision of this Agreement, or the application of
such provision, should be rendered or declared invalid by any court action or by reason of any
existing or subsequently- enacted legislation, the remaining parts or portions of the Agreement
shall remain in full force and effect.
SECTION 21.4. Emergency Waiver Provisions. In the event of circumstances beyond the
control of the City as a result of a declared emergency, national disaster, or similar
circumstances, provisions of this Memorandum of Understanding, and /or the Personnel Rules or
Regulations of the City, and /or departmental rules and policies shall be suspended for the
duration of such emergency. After the emergency is declared over, the City shall immediately
meet and confer with the Association regarding the impact on employees of the suspension of
these provisions in the Memorandum of Understanding and /or City and /or departmental rules and
policies.
Article XXII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 22.1. Term of Agreement. The term of this Memorandum of Understanding shall
commence on July 1, 2015 and shall continue in effect to and including June 30, 2017.
Article XXIII
WAIVER OF BARGAINING DURING TERM OF AGREEMENT
SECTION 23.1. During the term of this Memorandum of Understanding, the parties mutually
agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and
26
conditions of employment, whether or not covered by the Memorandum or in the negotiations
leading thereto, and irrespective of whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the negotiations leading to this
Memorandum. Regardless of the waiver contained in this Article, the parties may, however, by
mutual agreement, in writing, agree to meet and confer about any matter during the term of this
Memorandum.
Article XXIV
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Memorandum of Understanding shall not be
in full force and effect until ratified by the Association and adopted by the City Council of the
City of Orange. Subject to the foregoing, this Memorandum of Understanding is hereby
executed by the authorized representatives of the City and the Association and entered into this
11th day of Ocotober 2016.
CITY OF ORANGE ORANGE CITY FIRE MANAGEMENT
ASSOCIATION
By: By. &- PqTeresSmith, Mayor Robe Stefan o, sident
By: IIJ4 )J I— ' ,
ug Fackiner, Board Member
Approved as to form:
Laura J. Kalty, Special Counsel for the City
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APPENDIX "A"
ORANGE FIRE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29, 2014
3.0% Across the Board Salary Increase
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Fire Battalion Chief 659 9542 10030 10539 11078 11643 12236
EFFECTIVE NOVEMBER 1, 2015
3.0% Across the Board Salary Increase
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Fire Battalion Chief 665 9832 10334 10859 11414 11997 12608
EFFECTIVE AUGUST 7, 2016
3.0% Across the Board Salary Increase
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Fire Battalion Chief 671 10130 10648 11189 11761 12361 12991
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APPENDIX "B"
VACATION BENEFITS
SCHEDULE 1
Fire Battalion Chiefs who work fire suppression shall accrue vacation on the following basis:
ACCRUAL RATE 12.56 HOURS = 1 DAY
Years of Hours per Days per Shifts
Service Year Year Per Year
1 138.0 11.00 5.75
2 141.3 11.25 5.88
3 157.0 12.50 6.54
4 172.7 13.75 7.20
5 188.0 15.00 7.83
6 194.3 15.50 8.10
7 200.6 16.00 8.36
8 206.9 16.50 8.62
9 213.2 17.00 8.88
10 219.5 17.50 9.15
11 225.8 18.00 9.41
12 232.1 18.50 9.67
13 238.4 19.00 9.93
14 244.7 19.50 10.20
15 251.0 20.00 10.46
16 257.3 20.50 10.72
17 263.6 21.00 10.98
18 269.9 21.50 11.25
19 276.2 22.00 11.51
20 282.5 22.50 11.77
21 288.8 23.00 12.03
22 295.1 23.50 12.30
23 301.4 24.00 12.56
24 307.7 24.50 12.82
25 314.0 25.00 13.08
26 320.3 25.50 13.35
27 326.6 26.00 13.61
28 332.9 26.50 13.87
29 339.2 27.00 14.13
30 345.5 27.50 14.40
Except, however, if the fire suppression hours should drop below 55.9 hours per week, vacation
accrual shall be subject to meet and confer.
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APPENDIX "B"
VACATION BENEFITS
SCHEDULE 2
Fire Battalion Chiefs who work a regular work week of 40 hours shall accrue vacation on the
following basis:
Years of Approx. Workdays Hours Per Workdays
Service Per Month Month Per Year
1 0.917 7.333 11.00
2 0.938 7.500 11.25
3 1.042 8.334 12.50
4 1.146 9.167 13.75
5 1.250 10.000 15.00
6 1.292 10.334 15.50
7 1.333 10.667 16.00
8 1.375 11.000 16.50
9 1.417 11.334 17.00
10 1.458 11.667 17.50
11 1.500 12.000 18.00
12 1.542 12.334 18.50
13 1.583 12.667 19.00
14 1.625 13.000 19.50
15 1.667 13.334 20.00
16 1.708 13.667 20.50
17 1.750 14.000 21.00
18 1.792 14.334 21.50
19 1.833 14.667 22.00
20 1.875 15.000 22.50
21 1.917 15.334 23.00
22 1.958 15.667 23.50
23 2.000 16.000 24.00
24 2.042 16.334 24.50
25 2.083 16.667 25.00
26 2.125 17.000 25.50
27 2.167 17.334 26.00
28 2.208 17.667 26.50
29 2.250 18.000 27.00
30 2.292 18.334 27.50
30