RES-11521 ORANGE CITY FIREFIGHTERS INC LOCAL 2384 AFL-CIO - REPEALS RESOLUTION NO 11274RESOLUTION NO. 11521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE REPEALING RESOLUTION NO. 11274
AND ALL AMENDMENTS THERETO APPROVING THE
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE ORANGE CITY
FIREFIGHTERS, INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
AFL-CIO CONCERNING WAGES,HOURS,AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT
EFFECTIVE JULY 1,2023 THROUGH JUNE 30,2026
WHEREAS, the City of Orange, hereinafter referred to as "City", and the Orange City
Firefighters,Inc.Local 2384 of the International Association of Fire Fighters,AFL-CIO,hereinafter
referred to as "Union", collectively the "Parties", have met and conferred in accordance with the
requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the Parties have reached agreement on wages, hours, and other terms and
conditions of employment effective July 1,2023 through June 30,2026 and the City Council desires
to repeal Resolution No. 11274 and all amendments thereto for said employees, as set forth in the
Memorandum of Understanding,hereinafter referred to as"MOU"; and
WHEREAS,on June 27, 2023, the City Council of the City of Orange adopted Resolution
No. 11477, a Resolution of the City Council of the City of Orange establishing a Letter of
Understanding between the Parties effective July 1, 2023; and
WHEREAS,the Parties have met and further refined language to clarify existing provisions
as agreed upon during the meet and confer process and now wish to incorporate any and all agreed
upon changes included in a successor MOU.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Orange that
the attached MOU is approved and incorporated by reference as Exhibit A as fully set forth herein.
ADOPTED this 23rd day of January 2024.
I
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Daniel R. Slater, Mayor, City of Orange
ATTEST:
AiA44_6fA__CAL L-yi ,o4 _t .._
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, 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 23rd day of January 2024, by the following vote:
AYES:COUNCILMEMBERS: Dumitru, Tavoularis, Gutierrez, and Slater
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Barrios, Bilodeau, and Gyllenhammer
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Attachments: Exhibits A—C
Resolution No. 11521 2
N City of
Orange
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE CITY FIREFIGHTERS, INC.
LOCAL 2384 INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, AFL-CIO
JULY 1, 2023 THROUGH JUNE 30, 2026
TABLE OF CONTENTS
Article No. Article Title Pace No.
I Recognition of Union 1
II Non-Discrimination 1
III Salaries 2
IV Work Week and Work Schedule 8
V Overtime Call Back Pay and Shift Exchange 9
VI Health Benefits 12
VII Educational Assistance, Professional Development, and Incentives 15
VIII Uniforms 16
IX Holidays 17
X Vacation 18
XI Other Leaves of Absence 19
XII Retirement 25
XIII Travel and Business Expense Reimbursement 27
XIV Safety Standards 27
XV No Strike—No Lockout 29
XVI City Management Rights and Responsibilities 29
XVII Discipline and Discharge—Rules and Regulations 31
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XVIII Paycheck Information 32
XIX Residency Requirement 33
XX Union Representation 33
XXI Grievance and Arbitration Procedures 34
XXII Scope and Application of Memorandum of Understanding 36
XXIII Term of Memorandum of Understanding 37
XXIV Ratification and Execution 38
Appendix A Vacation Benefits—Schedule 1 39
Appendix A Vacation Benefits—Schedule 2 40
Appendix A Vacation Benefits—Schedule 3 41
Appendix A Vacation Benefits—Schedule 4 42
Exhibit A Monthly Salary Ranges 43
Exhibit B Operations Staffing Policy 44
Exhibit C Operational Assignment Bid Policy 58
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ARTICLE I
RECOGNITION OF UNION
SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No.
3611 of the City of Orange,the City of Orange,hereinafter referred to as "City", for the purpose
of meeting its obligations under the Meyers-Milias-Brown Act(Government Code Section 3500
et. seq.), Employer-Employee Relations Resolution No. 3611, or as amended, and this
Memorandum of Understanding, hereinafter referred to as "MOU", has recognized the Orange
City Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters,AFL-CIO,
hereinafter referred to as "Union", as the majority representative of the Unit of Representation
comprised of employee classifications listed within Exhibit A. As majority representative, the
Union is empowered to act on behalf of all employees who hold positions in classifications
covered by this MOU whether or not they are individually members of the Union.
The City and the Union have reached an agreement on an updated Employer-Employee Labor
Relations Resolution, which shall be adopted by City Council at a future date once all City
bargaining groups have had an opportunity to review.
SECTION 2. Any modification or interpretation of the rights of the parties concerning
recognition set forth above shall only be established in accordance with Federal and/or State
law.
ARTICLE II
NON-DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees
herein to join and/or participate in protected Union 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. In accordance with Federal and State law,the City and the Union agree that they
shall not discriminate against any employee on the basis of actual or perceived race, color,
national origin, religion, sex, gender, gender identity, physical or mental disability, medical
condition (cancer-related or genetic information), ancestry, marital status, age, sexual
orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered
veteran, or service in the uniformed services (as defined by the Uniformed Services
Employment and Reemployment Rights Act of 1994)or any other lawfully protected class. The
City and the Union shall reopen any provision of this MOU for the purpose of complying with
any final order of a Federal or State agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in compliance with Federal
or State anti-discrimination laws.
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ARTICLE III
SALARIES
SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for
all employees covered by this MOU.
SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this
MOU are as listed in Exhibit A. The salary ranges shall be identified by number, and the steps
by the letters A to E.
Effective June 18, 2023 and June 30, 2024, a base salary increase of 5.0% shall be granted for
employees covered by this MOU. Effective June 29,2025,a base salary increase of 2.0%shall
be granted for employees covered by this MOU.
SECTION 3. HOURLY RATE.
A. Suppression Employees. 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 twelve
12) divided by 2,906 annual hours.
B. All Other Employees. For all employees who have a regular weekly work schedule
of forty (40)hours,the equivalent hourly rate of pay shall be the monthly rate times
twelve (12) divided by 2,080 annual hours.
SECTION 4. BEGINNING RATES. New employees shall be paid the rate shown in Step A in
the range assigned to the classification for which the employee has been hired, except that on
the request of the Fire Chief under whom the employee will serve,and with authorization of the
Human Resources Director, such employee may be placed at a higher step, depending upon the
employee's qualifications.
SECTION 5. SERVICE. The word "service", as used in this MOU, shall be defined to mean
continuous, full-time service in the employee's 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, except forced layoff, eliminates the accumulated length of
service time of such employee for the purpose of this MOU. Such employee re-entering the
service of the City shall be considered as a new employee, except that such employee may be
re-employed within one (1) calendar year and placed in the same salary step in the appropriate
compensation range as the employee was at the time of the separation of employment.
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SECTION 6. ADVANCEMENT WITHIN SALARY RANGE. The following regulations shall
govern salary advancement:
A. Merit Advancement. An employee shall be considered for advancement through
the salary range in yearly increments. Advancement through the salary range based
on merit shall be granted when an employee demonstrates ability and proficiency
in the performance of the employee's duties. A merit advancement shall become
effective the first pay period following the completion of the length of service
required for such advancement. Such merit advancement shall require the
following:
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. If denied by the Human Resources Director, the reason for denial will be
provided to the Fire Chief.
B. Special Merit Advancement. When an employee demonstrates exceptional ability
and proficiency in the performance of 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 MOU.
The Human Resources Director may, on the basis of the Fire Chief s
recommendation, approve and effect such special merit advancement.
C. Length of Service Required After a Merit Advancement is Denied. When an
employee is not approved for a merit advancement to the higher salary step, the
employee 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 Section 6, Subsection A.
SECTION 7. WORKING OUT OF CLASS.
A. Suppression employees working out of classification into a higher-ranking
classification of Battalion Chief, Fire Captain, or Fire Engineer shall receive a five
percent (5.0%) pay differential for all hours worked in the higher classification, if
they are assigned to work in the higher job classification for a period of twelve (12)
consecutive hours [one-half(%Z) of one (1) work shift] or longer.
B. Suppression employees working out of classification into a lower-ranking
classification shall only be permitted under emergency situations (as defined in
Article V, Section 5, Subsection A),or prior to any mandated overtime(i.e.,a draft).
Suppression employees shall be asked to backfill unfilled positions on the daily
roster on an overtime basis through the departmental timekeeping system if no
employee is signed up on the voluntary call back list for the classifications of Fire
Engineer and/or Firefighter, as appropriate for that shift. These employees shall
have the sole discretion to accept or decline the request. The Fire Department will
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maintain a daily secondary list of volunteers who will accept a work down
assignment into a lower suppression rank, for which the member is qualified.
Preference for daily backfill assignments shall be based on accumulated hours (i.e.,
the member with the least hours signed up for that date of the backfill assignment
shall be given the work down overtime). Scenarios not addressed in the MOU should
be handled using the Department Staffing Policy.
Suppression employees who accept the work down assignment shall be compensated
for all such time worked in that capacity at the rate of one and one-half(1'/2) times
the regular rate of pay of the top step of the classification of the backfilled position.
When working out of classification,no compensatory time off may be earned in lieu
of pay.
SECTION 8. PROBATIONARY PERIOD AND PROMOTION.
A. Probationary Period for New Employees. The probationary period for new
employees shall be one(1)year[twenty-six(26)pay periods] from date of hire. The
purpose of this probationary period is to allow the employee to demonstrate
suitability for the job. For good cause, with the approval of the Human Resources
Director and concurrence of the Union,the Fire Chief may extend such probationary
period. The employee involved shall receive a copy of notices related to extension
of a probationary period.
B. Probationary Period for Promoted Employees. An employee who is promoted to a
classification shall serve a probationary period during which the employee shall have
an opportunity to demonstrate suitability for the job. For safety employees, the
probationary period shall be one (1) year [twenty-six (26) pay periods] from the
promotion, or date of hire for lateral appointments. For good cause, with the
approval of the Human Resources Director and concurrence of the Union and the
employee, the Fire Chief may extend such probationary period up to an additional
thirteen (13) pay periods. The employee shall attain regular status in the
classification upon successful completion of the probationary period. An employee
who does not satisfy the standards of the classification during the probationary
period shall be notified, in writing. Such notice shall include the reasons for such
action. If regular status in the classification is not achieved, such employee shall be
demoted to the appropriate step in the employee's former classification.
C. Probationary Period for Temporarily Promoted Employees. Employees who are
temporarily promoted and serve in the position for a period of twenty-six (26)
consecutive pay periods shall be deemed to be promoted and to have fulfilled their
probationary period for that promotion. Time served by an employee in an acting
capacity shall count towards the probationary period, if said employee is formally
promoted.
D. Salary for Promoted Employees. When an employee is promoted to a position in a
higher classification, the employee may be assigned to Step A in the appropriate
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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, the employee may be
placed in that appropriate salary range as will grant the employee an increase of at
least one (1) salary step. At the discretion of the Fire Chief and the Human
Resources Director,except for those positions that are paid at a flat rate,an employee
may be granted a salary step increase of up to three(3) salary steps upon promotion.
E. Rate of Pay.
1. For purposes of this section only, "Rate of Pay" is defined as base salary plus
assignment pays (including premiums triggered by assignment pays).
2. The Rate of Pay for an employee upon and after promotion to a higher
classification shall not be less than the employee's Rate of Pay immediately prior
to the promotion. This will be achieved by establishing a Minimum Rate of Pay
for the promoted employee. This "Minimum Rate of Pay" is defined as the
employee's base salary plus assignment pays (including premiums triggered by
assignment pays) immediately prior to the employee's promotion.
3. If an employee's Rate of Pay upon or after promotion drops below the
employee's established Minimum Rate of Pay, a Y-Rated Differential shall be
applied. The amount of an employee's Y-Rated Differential, if applicable, shall
be the difference between the employee's Rate of Pay upon or after promotion
and the employee's established Minimum Rate of Pay. The Y-Rated Differential
is not pensionable compensation.
4. An employee's Minimum Rate of Pay will be altered by a subsequent promotion.
5. An employee's Minimum Rate of Pay may be altered in situations involving
personnel actions as a result of discipline.
SECTION 9.DEMOTION. If,pursuant to the provisions of this MOU,an employee is demoted
to a position in a lower classification, the new salary rate must be at the top step of the salary
range for the classification to which demoted.
SECTION 10. PARAMEDICS.
A. Paramedic Assignment Pay.Fire Captains,Fire Engineers,and Firefighters assigned
as Paramedics shall receive,in addition to their base salary,fourteen percent(14.0%)
per month to be computed based on Top Step Firefighter. This form of pay, also
referred to as "Paramedic Pay", shall be reported to California Public Employees'
Retirement System (CalPERS) as special compensation, and is therefore
compensation earnable for Classic Members pursuant to CalPERS Regulations,
Section 571(a)(2), and pensionable compensation for New Members pursuant to
CalPERS Regulations, Section 571.1(a)(2).
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B. Recertification Pay. Fire Captains, Fire Engineers, and Firefighters assigned as
Paramedics shall receive, in addition to their base salary, $50.00 per month upon the
first recertification, and an additional $50.00 per month upon each subsequent
recertification, up to a maximum of four(4) recertification. This form of pay, also
referred to as "Recertification Bonus", shall be reported to CalPERS special
compensation,and is therefore compensation earnable for Classic Members pursuant
to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New
Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
C. Paramedic Training Pay. The City agrees to provide a compensation plan for
employees attending Paramedic training which will provide the student Paramedic a
five percent (5.0%) bonus, in addition to their base salary, upon successful
completion of the final examination prior to the start of the field internship. This
form of pay, also referred to as "Educational Incentive", shall be reported to
CalPERS as special compensation, and is therefore compensation earnable for
Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and
pensionable compensation for New Members pursuant to CalPERS Regulations,
Section 571.1(a)(2).
SECTION 11. ASSIGNMENT PAYS.
A. Fire Captains assigned to perform the Fire Administrative Captain, Fire Prevention
Captain, and Fire Training Captain functions shall receive fifteen percent (15.0%)
above the Fire Captain's pay. This form of pay, also referred to as "Fire Staff
Premium", shall be reported to CalPERS as special compensation, and is therefore
compensation earnable for Classic Members pursuant to CalPERS Regulations,
Section 571(a)(4), and pensionable compensation for New Members pursuant to
CalPERS Regulations, Section 571.1(a)(3).
B. Fire Safety Specialists assigned to perform the Plan Examiner functions or the
Hazardous Materials Specialist functions shall receive ten percent (10.0%) above
their base pay. The ten percent (10.0%) assignment pay does not apply to the Plan
Examiner classification. This form of pay, also referred to as "Fire Inspector
Premium", shall be reported to CalPERS as special compensation, and is therefore
compensation earnable for Classic Members pursuant to CalPERS Regulations,
Section 571(a)(4) and pensionable compensation for New Members pursuant to
CalPERS Regulations, Section 571.1(a)(3).
SECTION 12. BILINGUAL PREMIUM. Employees covered by this MOU may be assigned
by the Fire Chief, with approval of the Human Resources Director, to a bilingual assignment.
The Fire Chief shall determine the number of bilingual assignment positions which are
necessary based upon a demonstrable need and frequency of use. Employees on bilingual
assignment shall receive $140.00 per month for the duration of the assignment. Employees
receiving bilingual assignment compensation may be required to take and pass a proficiency
test on an annual or as needed basis, as determined by the Human Resources Department. No
permanency or seniority may be obtained in a bilingual assignment and such assignment may
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be revoked at any time by the Fire Chief, the Human Resources Director, or a duly authorized
designee. No employee shall be required to perform a Bilingual Assignment on a regular basis
or employ bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this
Section. This form of pay, also referred to as "Bilingual Premium", shall be reported to
CalPERS as special compensation,and is therefore compensation earnable for Classic Members
pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New
Members and pursuant to CalPERS Regulations, Section 571.1(a)(3).
SECTION 13. EMT RESCUE TRANSPORT PREMIUM. Firefighters assigned to
rescue/transport shall receive three percent(3.0%)of Top Step Firefighter per month during the
period of such assignment. EMT-Ps are not eligible for this bonus. This form of pay, also
referred to as "Emergency Medical Technician Pay", shall be reported to CalPERS as special
compensation, and is therefore compensation earnable for Classic Members pursuant to
CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members
pursuant CalPERS Regulations, Section 571.1(a)(2).
SECTION 14. CRIME SCENE INVESTIGATOR PREMIUM. The Fire Inspector/Investigator
assigned to perform duties as Crime Scene Investigator shall receive $250.00 per month during
the period of such assignment. The Fire Inspector/Investigator may be assigned at the discretion
of the Fire Chief or duly authorized designee. This form of pay, also referred to as "Crime
Scene Investigator Premium", shall be reported to CalPERS as special compensation, and is
therefore compensation earnable for Classic Members pursuant to CalPERS Regulations,
Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS
Regulations, Section 571.1(a)(3).
SECTION 15. TRAINING COMPANY PREMIUM. Employees assigned to the Training
Company Engine, Squad, and Truck shall receive 2.5% of Top Step Firefighter per month for
the period of such assignment. Employees receiving the Urban Search and Rescue (USAR)
Assignment Bonus will not be eligible for Training Company Bonus. This form of pay, also
referred to as "Training Premium", shall be reported to CalPERS as special compensation, and
is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations,
Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS
Regulations, Section 571.1(a)(3).
SECTION 16. URBAN SEARCH AND RESCUE (USAR) ASSIGNMENT PREMIUM.
Employees assigned to the USAR Company shall receive four percent (4.0%) of Top Step
Firefighter for the period of such assignment. This form of pay, also referred to "Hazard
Premium", shall be reported to CalPERS as special compensation, and is therefore
compensation earnable for Classic Members pursuant to CalPERS Regulations, Section
571(a)(4),and pensionable compensation for New Members pursuant to CalPERS Regulations,
Section 571.1(a)(3).
REST OF PAGE LEFT INTENTIONALLY BLANK.
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SECTION 17. LONGEVITY. Effective June 30, 2024, employees shall be eligible to receive
a monthly Longevity pay according to the table below.
Employee 15 Years of 20 Years of 25 Years of
Designation Service Service Service
Sworn 100.00 200.00 300.00
Non-Sworn 50.00 100.00 150.00
For the purpose of this benefit, Years of service will be defined as the total number of full-time
years of service with the City of Orange. The Fire Chief and Human Resources Director shall
determine service eligibility. Employees shall be responsible for notifying the Fire Department
of their potential eligibility for Longevity Pay at each tier. The effective date of this benefit is
the start of the pay period following eligibility confirmation. This benefit cannot be paid
retroactively.
This form of compensation, also referred to as "Longevity Pay", shall be reported to CalPERS
as special compensation,and is therefore compensation earnable for Classic Members pursuant
to CalPERS Regulations, Section 571(a)(1), and pensionable compensation for New Members
pursuant to CalPERS Regulations, Section 571.1(b)(1).
ARTICLE IV
WORK WEEK AND WORK SCHEDULE
SECTION 1. SUPPRESSION EMPLOYEES. Fire suppression employees will work an
average work week of 55.9 hours.
SECTION 2. ALL OTHER EMPLOYEES. The regular work week for all other employees
shall consist of forty (40) hours [five (5) consecutive eight (8) hour days, or, four (4) ten
consecutive (10) hour days] or a 9/80 work schedule. Meal periods will be considered time
worked as provided by the Fair Labor Standards Act (FLSA) for safety employees on a 4/10
work schedule.
SECTION 3. Fire suppression employees shall be assigned to a 48/96 work schedule. The
48/96 work schedule consisting of three (3) Shifts (A, B, and C) scheduled to work two (2)
consecutive twenty-four(24)hour shifts commencing at 0700,followed by four(4)consecutive
twenty-four(24)hour shifts off.
SECTION 4. The work cycle for fire suppression employees will be eight (8) days within a
twenty-four(24) day FLSA work period.
SECTION 5. STAFFING POLICY. The City and the Union shall follow the Staffing Policies,
contained in Lexipol 215 Operations Staffing Policy and 1013 Operational Assignment Bid
Policy, copies of which are attached hereto as Exhibits B and C.
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ARTICLE V
OVERTIME CALL BACK PAY AND SHIFT EXCHANGE
SECTION 1. COMPENSATORY OVERTIME. Compensatory time shall be paid as follows:
A. For fire suppression employees who work an average work week of 55.9 hours,
compensatory time shall accumulate at the premium rate of one and one-half(1.5)
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 work period.
B. For employees who work an average work week of forty (40) hours, compensatory
time shall be accumulated at the premium rate of one and one-half(1.5) 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 at the premium
rate (time and one-half), except for call back in accordance with Section 7 of this
Article.
D. Compensatory time for overtime will be accumulated in one-quarter (0.25) hour
increments. Where an employee works less than one-quarter(0.25)hour of overtime
per day,the employee shall not receive compensatory time for overtime of less than
one-quarter (0.25) hour. In order to be entitled to compensatory time, such
compensatory time must be authorized by the Fire Chief. Accumulated
compensatory time not taken in the calendar year in which it was earned may be
carried over to the next year in accordance with Section 3, Subsection B, of this
Article.
E. Suppression employees shall have the opportunity to accrue compensatory time for
time worked in the following manner: if the employee works a twenty-four(24)hour
overtime shift, the employee may elect to receive up to a maximum of twenty-four
24)hours of compensatory time and twelve (12)hours of FLSA premium pay.
F. At the sole discretion of the Fire Chief,suppression employees who work an average
work week of 55.9 hours may be granted exemption from voluntary and involuntary
draft")overtime due to extenuating circumstances. The exemption period granted
will typically be for six (6) months but can be extended or shortened at the sole
discretion of the Fire Chief, or duly authorized designee, due to extenuating
circumstances.Exempt employees must exempt themselves from both voluntary and
involuntary ("draft") overtime,not just one or the other.
SECTION 2. PAYMENT UPON SEPARATION. Employees shall receive payment for all
accumulated compensatory time upon their separation.
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SECTION 3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.
A. Compensatory time may be taken by an employee upon appropriate entry in the
departmental timekeeping system or prior approval of the Fire Chief, or duly
authorized designee, in accordance with the Department Staffing Policy. In any
instance involving the use of a fraction of a day's compensatory time, the minimum
charge to the employee's compensatory time account shall be one-quarter (0.25)
hour.
B. Accrual of non-FLSA compensatory time shall be capped at ninety-six (96) hours
for all employees.
1. Upon promotion, all existing compensatory time hours shall be paid to the
employee at the pay rate prior to promotion.
2. Unused compensatory time may be converted to pay at any time upon request
of the employee.
SECTION 4.OVERTIME(PAID OVERTIME). Compensatory time shall be paid at the regular
rate of pay or equal time off, when authorized by the Fire Chief. Overtime shall be paid in
accordance with the existing requirements of the Fair Labor Standards Act (FLSA). All
premium overtime hours worked by covered(non-exempt)employees [either regular forty(40)
hour work week, or, twenty-four (24) hour day/55.9-hour suppression work week] shall be
compensated at one and one-half(1.5) the employee's regular rate of pay. Half-time overtime
premium pay) shall be calculated on a twenty-four (24) day FLSA cycle and will be received
during the pay period following the end of the twenty-four(24)day cycle in which it is worked.
Regularly scheduled hours worked, minus leave time taken, plus overtime worked, determines
actual hours worked. Employees are entitled to premium pay(half-time)on actual hours worked
in excess of 182 hours during the twenty-four (24) day FLSA cycle. This form of pay, also
referred to as "Fair Labor Standards Act", shall be reported to CalPERS as special
compensation, and is compensation earnable for Classic Members pursuant to CalPERS
Regulations, Section 571(a)(5), and pensionable compensation for New Members pursuant to
CalPERS Regulations, for Section 571.1(a)(4).
SECTION 5. Nothing herein is intended to limit or restrict the authority of the City to require
any employee to perform overtime work pursuant to the Department Staffing Policy. Such
procedure may be changed pursuant to agreement between the Union and the City. Except in
emergency situations, as defined in Subsection A below, all overtime coverage (sick leave,
vacation, etc.) will be on a rank-for-rank basis for the ranks of Firefighter, Fire Engineer, and
Fire Captain.
A. An emergency shall be defined as an event such as a major emergency, unusual
occurrence,or extraordinary displacement of manpower and equipment,that the Fire
Chief, or duly authorized designee, has determined to constitute a call back of a
significant portion or all suppression employees.
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B. On a case-by-case basis, as determined at the sole discretion of the Fire Chief, an
employee may elect to declare exemption from "forced hiring" (also known as the
draft")on an overtime basis for a period of six(6)months on the condition that the
employee agrees not to be eligible to work any voluntary overtime during that time
period.
SECTION 6. From time to time,the Fire Department Administration may wish to send on-duty
employees to Officer's Workshops or special classes. On these occasions,the Fire Department
and the Union agree to permit acting positions on a voluntary basis, not to exceed one (1) shift
in duration for any one (1)platoon for any one(1)class or workshop except by mutual consent.
A. In those instances involving vacancies in the positions of Fire Engineer or Fire
Captain,and there are no volunteers appearing on the over-time signup sheets,acting
positions may be utilized to fill the vacated position(s).
B. Acting positions are to be chosen on a voluntary basis from active eligibility lists.
C. Utilization of acting employees will occur in lieu of "mandatory call back" (i.e.,
draft")to fill vacant positions.
SECTION 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 three (3) hours of
compensatory time as call back pay. Forty (40) hour employees will receive a
minimum of two (2) hours as compensatory time for call back pay. Call back
compensatory time shall be paid at the premium rate of time and one-half or equal
time off, when authorized by the Fire Chief
B. During time of disaster, when so proclaimed by the Mayor of the City, overtime for
all fire employees shall be computed as though the fire employee worked a forty(40)
hour week.
SECTION 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, and upon appropriate entry in the
departmental timekeeping system or prior approval of the Fire Chief, or duly
authorized designee, in accordance with the Department Staffing Policy. No
obligation shall accrue to the City as a result of the operation of this provision.
B. It shall be the responsibility of the employee who has agreed to work to report for
duty, or, if unable to report for duty, make arrangements for a replacement. In the
event the employee is unable to find a replacement, the City may hire an overtime
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replacement and charge the vacation or compensatory time of the individual who
was unable to report for duty.
SECTION 9. REIMBURSEMENT FROM CALIFORNIA OFFICE OF EMERGENCY
SERVICES (CAL OES). The City will compensate its employees overtime in accordance with
the current MOU 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
HEALTH BENEFITS
SECTION 1. HEALTH INSURANCE. The City contracts with the California Public
Employees' Retirement System (CalPERS) to make available those health insurance benefits
provided under the Public Employees' Medical and Hospital Care Act(PEMHCA).
A. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan
for active full-time employees and pay the following monthly amounts to provide
funds for optional health plans, dental plans, vision plans, health care
reimbursement, dependent care, or cash as established by the Internal Revenue
Service. The following amounts include the minimum amount required under
PEMHCA, which is currently $151.00 ($157.00 in 2024) per month. This
contribution may be adjusted annually on January Pt to the amount set by the
CalPERS Board of Administration.
Effective Date niI
Current 1,201.00 $1,795.00 $1,995.00
Janu. 1, 2024 $1,226.00 $1,845.00 $2,070.00
Janu. 1, 2025 $1,251.00 $1,895.00 $2,145.00
Janu. 1, 2026 $1,276.00 $1,945.00 $2,220.00
B. Any premium amount in excess of the amounts designated in Subsection A
necessary to maintain benefits under any benefits plan selected by the employee
shall be borne solely by the employee.
C. An employee cannot be enrolled in a CalPERS Health Benefits Plan if a spouse is
enrolled with the City or enrolled through another agency with CalPERS Health
Benefits Plans, unless the employee (or the spouse) is enrolled without being
covered as a family member.
D. Waiver. An employee may choose not to 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 medical insurance (e.g., coverage under a spouse's employer's plan)that is
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compliant with the Affordable Care Act (ACA), as determined by the Human
Resources Department. Based upon the determination that medical insurance is in
full force and effect, eligible employees hired before March 29, 2020 shall receive
1,095.00 per month as a waiver amount. Eligible employees hired on or after
March 29, 2020 who elect to waive medical insurance shall receive $400.00 per
month as a waiver amount. If the employee loses eligibility (with documentation)
for the Waiver, the employee shall enroll in the CalPERS Health Benefits Plan
pursuant to the CalPERS Health Benefits Plan. Failure to do so within sixty (60)
days shall result in the City seeking reimbursement of said contributions.
E. Retired Annuitant Contribution. The City shall contribute toward the payment of
premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant
of CalPERS, to the extent required by law, $151.00 ($157.00 in 2024) per month.
This contribution may be adjusted annually on January 1 St to the amount set by the
CalPERS Board of Administration.
SECTION 2.UNION GROUP BENEFIT PLAN. The City shall contribute to the Union$48.00
per month per regular full-time employee toward any group benefit plan(s) selected by the
Union. Included in the Union group benefit plan are the following: life and long-term disability
insurance. Such plans shall be open to all bargaining unit employees and the Union shall hold
the City harmless, defend, and indemnify the City for any claims regarding the administration
or payment of claims under any Union sponsored plan.
SECTION 3. RETIREE MEDICAL TRUST. The City shall deduct$50.00 per pay period, per
member, on a pre-tax basis, for the Union's Post-Employment Health Plan. The City will not
incur cost or liability other than providing support for employee payroll deduction and sending
the deducted amount to a third party per the existing contract.
A. Acknowledgment. In accordance with the Internal Revenue Code Section 501c
and a majority vote of the Orange City Firefighters,Inc.Local 2384 International
Association of Fire Fighters,AFL-CIO(Union)membership City acknowledges
that the Union has entered into an agreement with the IAFF Medical Expense
Reimbursement Plan of the Washington State Council of Fire Fighters Employee
Benefit Trust(hereafter,the "Trust").
B. Defined Class of Employees Receiving Contributions. Employees receiving
contributions to the Trust, as set forth below, consists of all full-time employees
represented by the Union.
C. Employee Contribution Amount. The City and the Union agree that the City
shall withhold a mandatory contribution of$50.00 per pay period on a pre-tax
basis from the pay of every employee in the Defined Class and shall transmit
such contributions to the Trust pursuant to the requirements below. No
employee in the Defined Class shall be permitted to opt-out of the mandatory
contributions or receive any portion of the contribution in cash.
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D. Remittance of Contributions. The City shall remit the above contributions
directly to the Trust for the duration of the MOU effective the first full pay period
occurring after approval of this agreement. Those contributions shall be remitted
per pay period, in one aggregate payment, either via Automated Clearing House
ACH) transfer or wire, directly to the custodian of the Trust within 30 days of
the date the payment would have been payable to the Employee.
The City hereby acknowledges receipt of the Trust Agreement governing the
Trust and will comply with rules set by the Trust Office in regard to reporting
and depositing the required contributions.
E. Reporting to the Trust Office. The City shall electronically submit to the Trust
Office a report of contributing employees for each contribution sent to the Trust,
in the format requested by the Trust,and received by the Trust Office within five
5) days of receipt of the contribution funds. The City shall also provide an
initial report of information for all contributing employees, as reasonably
requested by the Trust; and shall send updates to this information to the Trust
Office whenever the City has notice of changes to the information.
F. The City shall not incur or be liable for any fees associated with the Trust. The
City will only administer payroll deductions toward a qualifying employee
benefit plan under the Internal Revenue Code. The City may cease payroll
deductions toward the Trust if the City incurred a fee,anticipates incurring a fee,
or believes the payroll deductions will expose the City to legal claims or
liabilities; provided however, that the City shall provide advance notice to the
Union of its intent to cease payroll deductions and allow the Union a reasonable
opportunity to discuss and/or absorb any costs to the City. Responsibility for the
maintenance and investment of the Trust funds rests solely with the Trust's
Board of Trustees.
G. The Union shall indemnify, defend, and hold harmless the City from any claim,
complaint, assessment, penalty, or damages asserted by any person or entity,
including any state or federal authority, arising out of Union participation in the
Trust, including but not limited to fines, fees, or penalties issued by state or
federal taxing authority against the City due to Employee payroll deductions or
compensation payouts that are directed to the Trust. Responsibility for the
maintenance and investment of the Trust funds rests solely with the Trust's
Board of Trustees.
REST OF PAGE LEFT INTENTIONALLY BLANK.
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ARTICLE VII
EDUCATIONAL ASSISTANCE,PROFESSIONAL DEVELOPMENT,AND
INCENTIVES
SECTION 1. EDUCATIONAL ASSISTANCE AND PROFESSIONAL DEVELOPMENT.
The City will reimburse employees up to $1,500.00 per fiscal year for the cost of tuition,
textbooks, and other course-related fees required for approved community college courses,
university courses, and courses certified through California State Fire Training, or any similar
recognized agency, at the Federal, State, and Local level. Course-required equipment that is
available to be borrowed from the City is not eligible for reimbursement. Additionally,the City
will reimburse for the cost of registration at job-related professional conferences, seminars,and
training classes. An approved course, conference, seminar, or training class is one designed to
directly improve the knowledge of the employee relative to the employee's specific job and
must be approved by the Fire Chief and the Human Resources Director prior to registration.
The employee must still be employed by the City when the course or class is completed. Costs
associated with travel, lodging, meals(or per diem),parking, or any other costs are not eligible
for reimbursement under this Section. Proof of attendance of course, conference, seminar, or
training class is required prior to reimbursement. With respect to courses where achievement
grades are provided,a final grade of C or better, or a Pass in a pass/fail course, is required to be
eligible for reimbursement.
SECTION 2. EDUCATIONAL INCENTIVE PROGRAM. Employees shall be eligible to
receive Educational Incentive pay according to the table below. Employees who qualify for this
pay shall be compensated one (1) of the following monthly amounts.
Education Level Monthly Incentive
AA/AS Degree 190.00
BA/BS Degree 375.00
MA/MS Degree 550.00
It is the responsibility of the employee to submit official transcripts to the Fire Chief's Office
indicating eligibility for this incentive program. After the documentation is reviewed and
verified,the incentive will become effective the pay period following the approval of the Human
Resource Director.
The following Educational Incentive pay monthly amounts shall only be available to employees
hired before February 12, 2013 who qualified for these incentive levels before that date.
Education Level Monthly Incentive
60 Units 145.00
90 Units t 210.00
This form of pay, also referred to as "Educational Incentive", shall be reported to CalPERS as
special compensation and is therefore compensation earnable for Classic Members pursuant to
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CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members
pursuant to CalPERS Regulations, Section 571.1(a)(2).
SECTION 3. INTERNATIONAL CODE COUNCIL (ICC) INSPECTOR CERTIFICATION
INCENTIVE. Non-sworn employees assigned to the Fire Prevention Bureau who become
certified by the ICC and maintain a Fire Inspector I Certification,or a higher-level certification,
shall receive $100.00 per month. This certification pay shall continue provided the employee
maintains valid certification. This form of pay,also referred to as"Educational Incentive",shall
be reported to CalPERS as special compensation, and is therefore compensation earnable for
Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable
compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).
SECTION 4. URBAN SEARCH AND RESCUE (USAR) CERTIFICATION INCENTIVE.
Employees who have successfully completed State Fire Marshal certified Rescue Systems I,
Rescue Systems II, Confined Space Rescue, Trench Rescue, and Swift Water Rescue classes
will receive a $50.00 per month certification pay. This form of pay, also referred to as
Educational Incentive",shall be reported to CalPERS as special compensation,and is therefore
compensation earnable for Classic Members pursuant to CalPERS Regulations, Section
571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations,
Section 571.1(a)(2).
ARTICLE VIII
UNIFORMS
SECTION 1. The City will purchase uniforms for all uniformed employees. Total expenditures
for the Fire Department shall not exceed $600.00 per calendar year per uniformed employee.
All uniforms purchased shall remain the property of the City of Orange. This form of pay, also
referred to as"Uniform Allowance",shall be reported to CalPERS as special compensation,and
is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations,
Section 571(a)(5). This form of pay is not pensionable compensation for New Members hired
after January 1, 2013 pursuant to PEPRA.
SECTION 2. All safety equipment, including protective clothing or devices required of
employees in the performance of their duties, shall be furnished by the City. All safety
equipment purchased by the City shall remain the property of the City.
REST OF PAGE LEFT INTENTIONALLY BLANK.
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ARTICLE IX
HOLIDAYS
SECTION 1. Employees shall receive the following ten(10) paid holidays in accordance with
this Article:
1) January 1st (New Year's Day)
2) Third Monday in February (Presidents' Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September(Labor Day)
6) November l lth (Veterans Day)
7) Fourth Thursday in November(Thanksgiving Day)
8) Fourth Friday in November(day after Thanksgiving Day)
9) December 25th (Christmas Day)
10) One(1) Floating Holiday
SECTION 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. The employee shall have the option
annually to have holiday pay paid out in one of two ways: receive the holiday pay
during the pay period that the holiday falls within, or,holiday hours shall be accrued
and paid-off twice a year,with the pay-offs occurring in the pay period that includes
Memorial Day and the pay period that includes Thanksgiving Day.
B. One(1)working day equals twelve (12)hours for suppression employees.
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 MOU, 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 the employee taken the holiday off with pay, which would
include the individual's base pay, plus premiums that qualify as special
compensation as defined by the Public Employees' Retirement Law (PERL). With
the exception of the one (1) Floating Holiday, this form of pay, also referred to as
Holiday Pay", shall be reported to CalPERS as special compensation, and is
therefore compensation earnable for Classic Members pursuant to CalPERS
Regulations, Section 571(a)(5), and pensionable compensation for New Members
pursuant to CalPERS Regulations, Section 571.1(b)(4).
E. Any holiday compensatory time accrued in excess of 120 hours per calendar year
shall be automatically paid to the employee in the pay period which includes January
1st of the following calendar year.
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SECTION 3. For those employees whose regular work week is forty (40) hours, in the event
any of the above holidays fall on a Sunday, the following Monday will be deemed a holiday.
When any of the above holidays fall on a Saturday, the preceding Friday will be deemed a
holiday. When any of the above holidays fall on an employee's regularly scheduled day off
during the week, employees will be credited with ten(10)hours of holiday compensatory time.
SECTION 4. Should an employee whose regular work week is forty (40) hours be required to
work on a holiday listed in Section 1 above,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 5. Should any of the holidays listed above fall during an employee's vacation period,
the employee shall receive holiday pay for such holidays, which will reduce the charge made
against the employee's vacation.
SECTION 6. The floating holiday shall be taken upon appropriate entry in the departmental
timekeeping system or with the approval of the Fire Chief, or duly authorized designee,
according to the Department Staffing Policy.
A. Employees will be credited one(1) floating holiday as of January 1st
B. The floating holiday hours shall be taken as time off from work no later than
December 31 St of the same year in which they were earned.
C. The floating holiday hours are not accumulative and shall be forfeited should
they not be taken during the calendar year it was earned.
D. Employees whose employment with the City ends prior to using the floating
holiday hours shall receive cash reimbursement for said floating holiday
hours.
ARTICLE X
VACATION
SECTION 1. Employees accrue vacation as indicated in Appendix A.
A. SCHEDULE 1: For employees who work an average work week of 55.9 hours.
B. SCHEDULE 2: For Fire Captains who work an average work week of 55.9 hours.
C. SCHEDULE 3: For employees who work a regular work week of forty (40) hours.
D. SCHEDULE 4: For Fire Captains who work a regular work week of forty(40)hours.
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SECTION 2. Vacation shall be taken by employees upon appropriate entry in the departmental
timekeeping system or prior approval of the Fire Chief, or duly authorized designee, according
to the Department Staffing policy.
A. Where possible, vacation should be taken annually and not accumulated from year
to year.
B. Vacation not in excess of the amount earned in the immediately preceding twenty-
four(24) month period may be accumulated.
C. Employees shall not accumulate vacation in excess of the amount earned in the
immediately preceding twenty-four(24)month period.
SECTION 3. Employees may convert up to fifty percent (50.0%) of their current annual
vacation accrual into pay in lieu of time off with pay. Such conversion may occur once per
calendar year.
SECTION 4. Employees who separate employment with the City shall be paid for accrued and
unused vacation 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.
SECTION 5. Probationary Firefighters shall not be permitted to utilize vacation until
successfully passing the probationary period. The Fire Chief shall have the discretion to allow
an exception to this policy for extenuating circumstances.
ARTICLE XI
OTHER LEAVES OF ABSENCE
SECTION 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 and applicable leave benefits have been exhausted, an employee,
not under suspension, may make written application to the Fire Chief for a leave of
absence without pay. No such leave will be considered absent a written application
from the employee requesting leave.
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,and
in some cases retirement,or any other benefits shall accrue to any employee on leave
of absence without pay, except as denoted in Subsection D below and under the
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City's Family Medical Leave Act (FMLA) / California Family Rights Act(CFRA)
and Pregnancy Disability Leave(PDL)policies. During such leave in excess of five
5)working days, no seniority shall be accumulated.
D. Medical,dental,vision,life,disability and other insurances may be continued during
a leave of absence without pay,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 towards insurance
premium contributions for employees who are on an approved 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 leave, stating the reasons why the additional leave is
desired and why it would be in the interest of the City to grant such leave of absence.
If such additional leave is merited and would still preserve the interest of the City,
the Human Resources Director 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 employee shall be considered to have resigned
from employment with the City.
G. An employee on a leave of absence without pay must give the City at least seven(7)
days' written notice of 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, or
extension thereof,may be terminated.
J. Employees granted such leave on the same basis for pregnancy,childbirth,adoption,
and other medically related conditions shall retain seniority rights.
K. Forms setting forth the leave of absence without pay pertinent information shall be
maintained for distribution in the Human Resources Department.
SECTION 2. JURY DUTY AND WITNESS SERVICE FOR THE CITY.
A. Jury Duty. When required to serve on a jury while on duty during a regular work
shift(excluding overtime shifts), employees shall have paid time off for a period of
actual service required on the jury, provided all jury fees paid to the employee are
turned over to the City,except for automobile expenses allowed. Once an employee
20
has completed jury service, the employee must provide the Certificate of Jury
Service to the supervisor to qualify for jury duty compensation.
B. Witness Service for the City. If an off-duty employee is called as a witness on behalf
of the City, the employee shall receive overtime pay for the period of actual service
required. As a condition of receiving pay while serving as a witness for the City,
employees shall be required to submit to the City any witness service fees received.
C. Upon completion of Jury Duty and/or Witness Service for the City, the employee
shall contact the on-duty Fire Battalion Chief, or duly authorized designee, to
reconcile the remainder of the employee's work shift.
SECTION 3. MILITARY LEAVE OF ABSENCE. If an employee is deployed or required to
attend military training, the employee shall be entitled to military leave of absence under the
provisions of State law found in applicable sections of the California Military and Veterans
Code. Employees must provide a copy of their military orders, and Leave and Earnings
Statements (LES) if requested, 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 4. SICK LEAVE. Sick leave shall accrue and be charged in accordance with the
following:
A. For employees who work an average work week 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 work week of forty(40)hours, eight(8)hours of
sick leave will accrue for each month of continuous service.
C. All non-benefited employees accrue receive sick leave as required by State law.
D. For employees who work an average work week of 55.9 hours, 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 who work a regular work week of forty(40)hours, sick leave will be
charged at the rate of one(1)day(10 hours)for each workday an employee is absent.
F. In any instance involving the use of a fraction of a day's sick leave, the minimum
charged to the employee's sick leave account shall be one-quarter(0.25)hour, while
additional actual absence of over one-quarter (0.25) hour shall be charged to the
nearest one-half(0.5) hour.
SECTION 5. SICK LEAVE USAGE. Any employee eligible for sick leave shall be granted
such leave for the following reasons:
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A. Personal illness or physical incapacity beyond the employee's control resulting from
causes including pregnancy, childbirth, and other medically-related conditions.
B. Medical,dental,and vision appointments during working hours,when authorized by
the Fire Chief, or duly authorized designee.
C. Personal illness or injury as set forth in Section 7 of this Article.
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. Family Sick Leave. Employees who work a regular work week of forty (40)hours
may charge up to forty-eight (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 work week of 55.9 hours may charge up to seventy-two (72) hours per
calendar year to sick leave for reasons of illness or injury of an 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, and any parent, substitute parent, parent-in-law, spouse, registered
domestic partner, child, brother, sister, grandchild or grandparent of the employee,
or"designated person"pursuant to AB 1041, regardless of residence.
F. The Fire Chief shall be responsible for control of misuse of sick leave benefits if
such absence exceeds four (4) consecutive working days for forty (40) hour work
week employees or two (2)consecutive twenty-four(24)hour shifts for suppression
employees. An employee may be required, as a condition for receiving sick leave
pay,to furnish a certificate of illness issued by a licensed physician or nurse,or other
satisfactory evidence of illness, in writing. The Fire Chief may establish a
reasonable sick leave usage, monitoring, and control program to develop acceptable
standards for attendance and usage and may take appropriate action when necessary.
G. The Union shall cooperate with the Fire Chief in efforts to ensure sick leave benefits
are used appropriately.
H. Service Retirement. Upon retiring from City service and entering CalPERS as a
retired annuitant,an employee shall receive the following payout for accrued unused
sick leave:
Suppression Employees 40-Hour Employees
Sick Leave Payout Sick Leave Payout
Hours Percenta a Hours Percenta e
Hours 0-720 15.0%Hours 0-600 15.0%
Hours 720.01-1,080 25.0% Hours 600.01-900 25.0%
Hours 1,080.01+60.0% Hours 900.01+ 60.0%
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I. Service Retirement Pending Industrial Disability Retirement. Following the City's
receipt of CalPERS' determination correspondence granting an employee's
industrial disability retirement pursuant to CalPERS retirement law, all accrued and
unused sick leave shall be deposited into the employee's Post Employment Health
Plan(PEHP).
J. Industrial Disability Retirement. Following the City's receipt of CalPERS'
determination correspondence granting an employee's industrial disability
retirement pursuant to CalPERS retirement law, all accrued and unused sick leave
shall be deposited into the employee's PEHP. Or, in the alternative, at the
employee's timely written request submitted to the Fire Chief, the effective date of
the employee's retirement may be delayed by applying some or all of the employee's
remaining unused sick leave for service credit, in accordance with Public
Employees' Retirement Law. In such case, any unused sick leave not applied for
service credit shall be deposited into the employee's PEHP.
K. Upon the death of an employee while employed by the City, 100% 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 6. BEREAVEMENT LEAVE. Employees shall be entitled to take up to the
following amount of paid bereavement leave per incident under the following terms and
conditions:
A. Bereavement leave may only be used upon 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 MOU to include 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, spouse, registered domestic partner,
child, grandparent, grandchild, brother, or sister of the employee, regardless of
residence.
B. Forty (40) hour employees shall be entitled to take up to three (3) days of paid City
bereavement leave per incident. An additional two (2) days of leave may be taken
from existing leave accruals, for a maximum of five (5)days total per incident.
C. 55.9 hour employees shall be entitled to take up to two (2) twenty-four (24) hour
shifts of paid City bereavement leave per incident. An additional three (3) shifts of
leave may be taken from existing leave accruals, for a maximum of five (5) shifts
total per incident.
D. An employee on bereavement leave shall inform the immediate supervisor of that
fact as soon as possible. Failure to do so within a reasonable period of time may be
cause for denial of bereavement leave for the period of absence. The City may
require documentation as a condition of payment of bereavement leave.
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SECTION 7. WORKERS' COMPENSATION. Workers' Compensation benefits will be
provided as follows:
A. Safety Employees. Salary continuance for safety employees will be provided in
accordance with the current State of California's Division of Workers' Compensation
laws and regulations.
B. Non-Safety Employees. Non-safety employees shall be granted temporary disability
leave in accordance with the current State of California's Division of Workers'
Compensation Laws and regulations. When a City employee is entitled to receive
temporary disability payments, the City will contribute additional compensation to
allow the employee to receive 100%of their regular rate of pay,or provide full salary
continuance, for the first thirty (30) days starting from the date of injury. The
employee will then receive eighty percent(80%)of salary for up to an additional 335
calendar days. Temporary disability leave in excess of 365 days will be provided
subject to current State regulations. Thereafter, the regular temporary disability
Workers' Compensation rate will apply.
C. Course of Employment. Should it be determined by the employee's doctor, a doctor
agreed upon 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.
D. Pre-Designation of Physician. Before a work-related injury, an employee may elect
to pre-designate a qualified medical provider if done in accordance with the State of
California's Division of Workers' Compensation.
E. Fringe Benefits. An employee receiving benefits pursuant to Labor Code section
4850 or temporary disability will continue to receive the City's contribution to the
employee's benefit premiums,such as medical plan,dental plan,and vision plan. All
authorized deductions will continue as though the employee is on regular work status.
If the employee is no longer eligible to receive temporary disability benefits, the
employee shall be responsible for paying the employee's benefit premiums. Any
contributions to the employee's benefits not paid pending the determination of
whether an injury/illness is job-related and compensable shall be paid retroactively if
compensability is determined and accepted by the City.
F. An employee receiving temporary disability payments in accordance with the current
State of California Division of Workers' Compensation laws and regulations may use
leave (including sick leave, vacation, compensatory time, etc.) to supplement
temporary disability payments to reach the amount equal to the employee's full
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regular pay until the employee's leave balances reach zero, at which time, the
employee would no longer be able to supplement the temporary disability payments.
ARTICLE XII
RETIREMENT
SECTION 1. The City participates in the California Public Employees' Retirement System
CalPERS). This participation shall include, but is not limited to, the following retirement
benefits for employees:
A. Safety Retirement Formula — New Members. Safety employees who are New
Members of CalPERS as defined by California Government Code Section
7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in
California Government Code Section 7522.25(d). These New Members are subject
to the three (3) year final compensation measurement period set forth in California
Government Code Section 7522.32. These New Members shall contribute fifty
percent (50.0%) of normal cost of retirement as determined by CalPERS from their
pensionable compensation, on a pre-tax basis, as set forth in California Government
Code Section 7522.30(c). In all other respects,New Members shall be subject to the
terms and requirements of Public Employees' Pension Reform Act(PEPRA).
B. Safety Retirement Formula — Classic Members. Safety employees who are not
defined as New Members as outlined in Section A above are defined as Classic
Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set
forth in Section 21362.2 of the California Government Code. These Classic
Members are subject to the one (1) year final compensation measurement period as
set forth in California Government Code Section 20042. These Classic Members
shall contribute twelve percent(12.0%)of their compensation earnable,on a pre-tax
basis.
C. Miscellaneous Retirement Formula — New Members. Miscellaneous employees
who are New Members of CalPERS as defined by California Government Code
Section 7522.04(f)are subject to the 2% @ age 62 retirement formula as set forth in
California Government Code Section 7522.20. These New Members are subject to
the three (3) year final compensation measurement period as set forth in California
Government Code Section 7522.32. These New Members shall contribute fifty
percent (50.0%) of normal cost of retirement as determined by CalPERS from their
pensionable compensation,on a pre-tax basis, as set forth in California Government
Code Section 7522.30. In all other respects, New Members shall be subject to the
terms and requirements of PEPRA.
D. Miscellaneous Retirement Formula— Classic Members. Miscellaneous employees
who are not defined as New Members as outlined in Section C above are defined as
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Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement
formula as set forth in Section 21354.5 of the California Government Code. These
Classic Members are subject to the one (1) year final compensation measurement
period set forth in California Government Code Section 20042. These Classic
Members shall contribute eight percent(8.0%) of their compensation earnable,on a
pre-tax basis.
SECTION 2. 1959 CALPERS SURVIVOR BENEFIT. The City provides the 1959 CalPERS
Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for
all covered employees. Employees shall pay their $2.00 monthly contribution through payroll
deduction. The City shall pay the employer portion subject to the following limit: employees
shall pay any portion of the employer cost that exceeds $6.00 monthly.
SECTION 3. POST-EMPLOYMENT HEALTH PLAN (PEHP). The Union agrees to
participate in the PEHP for Collectively Bargained Public Employees (hereinafter referred to
as "Plan") in accordance with the terms and conditions of the Plan's Participation Agreement
between the Union and their selected investment administrator.
The Union shall reserve the right to select the program and administrator for their post-
employment health care needs. The Union will indemnify and release the City from any and
all liabilities.
When an employee retires from the City, the City shall contribute the value of the employee's
leave accruals into the Insurance Premium Reimbursement Account sub-account pursuant to
the terms and conditions of the Plan as follows:
A. 100%of eligible accrued sick leave;
B. 100%of eligible accrued vacation; and
C. 100% of eligible accrued other leave (i.e., holiday, compensatory time, etc.) as
deemed eligible by the Internal Revenue Code.
The Union reserves the right to annually modify the percentage of leave amounts and/or
contributions to the Plan on behalf of its members. No modification will be effective without a
corresponding amendment to the Plan's Participation Agreement by the City.
Employees who are eligible for fully paid family retiree medical benefits shall not be eligible for
the Plan, and as such, upon retirement, leave amounts listed above shall be paid to the employee
upon retirement. Such employees, upon submitting notice of retirement to the City, shall notify
the Human Resources Department with appropriate documentation that they are eligible for fully
paid family retiree medical benefits, and thus do not qualify for the Plan.
SECTION 4. DEFERRED COMPENSATION PLAN. The City shall offer Schwab Personal
Choice Retirement Account (PCRA) as a Deferred Compensation Plan, with an independent
advisor selection, on the condition that the City incur no cost as a result of this action.
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ARTICLE XIII
TRAVEL AND BUSINESS EXPENSE REIMBURSEMENT
The City has established a Travel and Business Expense Reimbursement Policy (Administrative
Policy 4.13)to reimburse City employees when conducting City business, attending business or
professional conferences, training seminars, or other travel for authorized City business.
Any employee who is required to travel in the performance of their duties or to attend an
authorized meeting or conference or otherwise incurs expenses relating to the conduct of City
business shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging,
and incidentals as outlined in the Administrative Policy referenced above.
Travel related to Educational and Professional Development as outlined in Article VII, Section 1,
is excluded from this provision.
ARTICLE XIV
SAFETY STANDARDS
SECTION 1. The City and its employees agree to comply with all applicable Federal, State and
Local laws, as well as City policies, which relate to health and safety. In addition,the City and
the Union agree to actively pursue the continuation of safe working procedures and
environments.
SECTION 2. MINIMUM STAFFING LEVEL. The daily minimum staffing level shall be
thirty-five (35) sworn Fire Department employees per twenty-four(24)hour shift. In the event
any additional engine,truck,paramedic, or ambulance companies are added to the complement
of staffed emergency response companies,an increase to the minimum daily staffing level shall
be reflected in this provision.
SECTION 3. HEALTH FITNESS STANDARDS. In an effort to improve and maintain the
physical and mental wellbeing of all safety employees,and to reduce the frequency and severity
of work-related injuries and illnesses, the Union and the City agree to the following Health
Fitness Standards:
A. Weight and Body Fat: Employees shall maintain their weight and body fat within
established standards based upon their age,height,and bone structure,as established
by the recognized medical authority.
B. Smoking and Vaping: As a condition of employment, employees shall refrain from
smoking and/or vaping on duty. Employees will be encouraged to become, or
remain, non-smokers/non-vapers and be provided with information and/or training
to assist such effort, and the City may provide medical assistance as required.
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C. Physical Fitness: The City shall allow and encourage employees to participate in
recognized physical fitness programs while on duty before 0900 and after 1700
which shall not conflict with the Department's ability to provide services or
previously scheduled activities. The physical fitness programs presently recognized
are:
1) Individual progressive conditioning programs that improve strength,
stamina, and flexibility.
2) Individual cardiovascular conditioning programs that improve
strength and stamina.
3) IAFF Wellness/Fitness Program.
Sporting team-type activities such as basketball, volleyball, football, baseball,
hockey, or soccer are expressly prohibited.
D. Responsibilities.
1) The City shall provide optional physical examinations that meet or exceed
National Fire Protection Association recommendations for all safety
employees. The results of all exams, except that which is required by law,
shall be confidential between the examining physician and the employee.
2) The department shall designate a "Medical Officer" to coordinate
scheduling,maintain records, and establish compliance.
3) The department shall provide the following at each fire station:
a) Exercise mats, including 3' x 6' outdoor carpet
b) Weight scale
c) Treadmill
d) Stairstep machine
e) Free-weight set with dumbbells and appropriate benches
E. The City and Union agree that no employee shall report to work under the influence
of narcotics, drugs, controlled substances, alcohol, or any other substance that may
impair the employee's ability to perform in a safe and efficient manner.
SECTION 4.MODIFIED LIGHT DUTY WORK PROGRAM. Work restrictions resulting from
off-duty injuries may be accommodated at the discretion of the Fire Chief and Human Resources
Director. Employees may, at the sole discretion of management, be required to work in a
temporary modified light duty assignment, depending on the employee's medical condition and
work restrictions,while recovering from an injury or illness. The temporary modified light duty
assignment will accommodate the employee's work restrictions as indicated by a physician and
depend upon the availability of temporary light duty work in the Fire Department. Such a
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temporary light duty work assignment shall be for a maximum of three (3) months, which may
be extended based on the employee's health condition,the Americans with Disabilities Act, and
Fair Employment and Housing Act regulations and requirements.
ARTICLE XV
NO STRIKE—NO LOCKOUT
SECTION 1. PROHIBITED UNION CONDUCT. The Union, its officers, agents,
representatives, and members agree that during the term of this MOU, 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 2. PROHIBITED CITY CONDUCT. The City agrees that it shall not lockout its
employees during the term of this MOU. 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 MOU or applicable ordinance or law.
SECTION 3. UNION RESPONSIBILITY. In the event that the Union, its officers, agents,
representatives,or members engage in any of the conduct prohibited in Section 1 of this Article,
the Union shall immediately instruct any persons engaging in such conduct that their conduct is
in violation of this MOU, and request that all such persons immediately cease engaging in
prohibited conduct and return to work.
If the Union acts in good faith to meet its responsibilities as set forth above, the Union, 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 MOU in violation of Section 1 of
this Article.
SECTION 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 MANAGEMENT RIGHTS AND RESPONSIBILITIES
SECTION 1. The City reserves,retains,and is vested with, solely and exclusively,all rights and
responsibilities of Management which have not been expressly abridged by specific provisions
of this MOU or by law to manage the City, as such rights and responsibilities existed prior to
the execution of this MOU. The sole and exclusive rights and responsibilities of Management,
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as they are not abridged by this MOU or by law, shall include, but not be limited to, the
following:
A. To manage the City generally and to determine issues of policy;
B. To determine the existence or non-existence of facts which are the basis of the
Management decision;
C. To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish services;
D. To determine the nature, manner, means, and technology of services to be provided
to the public;
E. To determine methods of financing;
F. To determine types of equipment or technology to be used;
G. To determine and/or change the location of facilities, methods, technology, means,
and size of the workforce by which the City operations are to be conducted;
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions,
including, but not limited to, the right to contract or subcontract for any work or
operation of the City;
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and
assignments;
J. To relieve employees from duties for lack of work, economic conditions, or similar
non-disciplinary reasons subject to negotiations as required by law;
K. To establish and modify productivity and performance programs and standards;
L. To discharge, suspend, demote, or otherwise discipline employees for just cause,
subject to procedural due process pursuant to Article XVII;
M. To determine job classifications and to reclassify employees and to determine job
classifications to be assigned to the Union as a result of a new operation subject to
negotiations as required by law;
N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in
accordance with this MOU;
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O. To determine policies, procedures, and standards for selection, training, and
promotion of employees;
P. To establish employee performance standards including, but not limited to, quality
and quantity standards; and to require compliance therewith;
Q. To promulgate reasonable rules and regulations to maintain order and safety in the
City which are not in contravention with this MOU;
R. To maintain order and efficiency in its facilities and operations;
S. To take any and all necessary action to carry out the mission of the City in
emergencies as set forth in Article XXII, Section 4.
SECTION 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 a significant number of employees of the Union, the City
agrees to meet and confer in good faith with representatives of the Union 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 MOU, or in Personnel Rules and Salary
Resolutions and Administrative Policies, which are incorporated in this MOU. By agreeing to
meet and confer with the Union as to the impact and the exercise of any of the foregoing City
rights, Management's discretion in the exercise of these rights shall not be diminished.
SECTION 3. MUTUAL RESPONSE AGREEMENTS. The City shall continue those mutual
response agreements outside the City limits that are currently in effect and to subcontract and
enter into agreements with other cities or agencies for the purpose of providing a multi-purpose
training facility and communications centers. The City agrees to negotiate with the Union
regarding the impact of any joint training agreement or any new mutual response agreements
and/or modifications to current agreements.
SECTION 4. If the City discontinues an employee's use of a City vehicle, the City will
negotiate an equivalent benefit.
ARTICLE XVII
DISCIPLINE AND DISCHARGE—RULES AND REGULATIONS
SECTION 1. The City shall have the right to discipline and discharge employees for just cause.
SECTION 2. Employees shall not be disciplined or discharged for reasons that are arbitrary,
capricious, and/or discriminatory.
SECTION 3. The Union and the employee shall receive a copy of all discipline or discharge
notices.
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SECTION 4. The City shall have the right to issue reasonable employee rules and regulations
not in conflict with the express terms of this MOU,provided that such rules and regulations are:
A. Submitted to the Union prior to adoption;
B. Discussed with the Union prior to adoption,and feedback submitted by the Union is
considered; and
C. Posted in conspicuous places so that employees are advised and have notice of such
rules and/or regulations prior to implementation.
SECTION 5. To comply with the provisions of the Firefighters Procedural Bill of Rights
FBOR) Act, as set forth by California Government Code Section 3250 et seq., in conjunction
with the provisions of this MOU,the City and the Union hereby agree as follows:
A. The City shall comply with the provisions of the FBOR as set forth in
Government Code Section 3250 et seq.
B. Disciplinary actions subject to the grievance procedure set forth in Article XXI
shall include discipline as defined by the FBOR. If the discipline is of a nature
that entitles an employee to a hearing under the FBOR, that hearing shall be
conducted in conformance therewith. The parties agree that the arbitrator selected
pursuant to the procedures in Article XXI Section 6 shall act in the capacity of
the hearing officer and conduct the hearing in accordance with the FBOR.
1) The Department and the Union 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 a
representative and/or legal counsel if requested, as long as the
representative or 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 FBOR shall be conducted
in conformance with the procedure set forth in this Section.
ARTICLE XVIII
PAYCHECK INFORMATION
SECTION 1. UNION DUES DEDUCTIONS. The City shall deduct Union dues and
supplemental benefit payments from employee paychecks on a bi-weekly basis. The City shall
process these deductions based on the information certified to be current by the Treasurer of the
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Union. The total amount of deduction shall be remitted by the City to the Union within ten(10)
calendar days of each applicable payday.
SECTION 2.INDEMNIFICATION. The Union agrees to hold the City harmless and indemnify
the City against any claims, causes of action, or lawsuits arising out of the deductions or
transmittal of such funds to the Union,except of the intentional failure to transmit,to the Union,
monies deducted from the employees pursuant to this Article, or caused by the Union's
negligence. The Union shall notify the City within ten (10) calendar days of any discrepancy
concerning Union dues or other payroll deductions pursuant to this Article. If the Union does
not notify the City of any discrepancy within ten (10) calendar days, the City shall be relieved
of any asserted discrepancy.
SECTION 3. DIRECT DEPOSIT. Employees are required to participate in the City's direct
paycheck deposit program.
ARTICLE XIX
RESIDENCY REQUIREMENT
All employees hired after June 25, 2023 shall be permanent and full-time residents of the State
of California and reside no further than one hundred (100) road miles from Fire Headquarters.
This presumes that a substantial portion of that distance will be traveled at freeway speed and
that employees can report to Fire Headquarters within ninety(90)minutes of the request for call
back. Employees hired before June 25, 2023, with continuous City of Orange employment
with no break in service), are exempt.
ARTICLE XX
UNION REPRESENTATION
SECTION 1. Employees shall have the right to representation by the Union with respect to all
matters within the scope of employee-employer relations, including procedural due process, in
accordance with State law.
SECTION 2. The Union shall notify the Human Resources Director and the Fire Chief, or duly
authorized designee, in writing, of the names of its authorized Union Representatives.
SECTION 3. Union representation, including the investigation and processing of grievances
during working hours, shall be conducted by the Union President and/or duly authorized
designee(s).
SECTION 4. The on-duty Shift Commander shall be given sufficient notice by the Union
Representative(s)of such on-duty representation during normal working hours.
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SECTION 5. Union representation, including the processing and investigating of grievances,
shall not unreasonably interfere with employees in the performance of their duties.
SECTION 6. Upon notice to the City, and approval of the Fire Chief, or duly authorized
designee, Union Representatives or other designees shall be granted leave from work to attend
to Union business without loss of compensation. The Fire Chief, or duly authorized designee,
is authorized to grant up to a total of 312 hours off with pay per fiscal year for the Union Board
or its designees in its entirety(not 312 hours per member of the Board)for such Union business,
as defined by the Union President, or duly authorized designee, exclusive of time spent for
collective bargaining and grievance processing. Any of the 312 hours which are not used by
June 30th will automatically be forfeited. The Union shall track the use of this benefit within
the departmental timekeeping system.
ARTICLE XXI
GRIEVANCE AND ARBITRATION PROCEDURES
SECTION 1. GRIEVANCE DEFINED. A grievance shall be defined as and limited to a dispute
or controversy between an employee, group of employees, and/or the Union and the City
regarding the application or interpretation of this MOU,Personnel Rules and Regulations of the
City, and/or departmental rules,regulations, or practices.
SECTION 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 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. Employees may process their
own grievances provided that no part of the grievance is inconsistent with the terms of this
MOU, and the Union has been given an opportunity to be present at all grievance proceedings,
including adjustment of the grievance.
SECTION 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 proper answer of the City. Any issue or dispute concerning the grievance
procedure,including the timeliness of the filing or processing of a grievance, shall be subject to
determination by the Arbitrator pursuant to Section 5,Subsection C,of this grievance procedure.
The Arbitrator shall decide any issue or claim as to timeliness or whether a filed grievance meets
the test of arbitrating, as set forth in this MOU. The Arbitrator shall proceed to decide such
issue before hearing the case upon its merits, and if possible, shall issue a bench decision at the
completion of the presentation of evidence concerning the issue.
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SECTION 5. STEPS OF GRIEVANCE PROCEDURE. A grievable matter shall first be
discussed on an informal basis with the immediate supervisor (if the supervisor has the power
to adjust the matter) prior to filing a formal grievance. If an informal discussion with the
immediate supervisor does not resolve the issue,the following steps shall be followed:
A. Step I. A grievance must be filed, in writing,with the Fire Chief,or duly authorized
designee, within twenty (20) calendar days of the grievant knowing, or in the
exercise of reasonable diligence should have known, of the event giving rise to the
grievance. Within twenty (20) calendar days of receipt of the grievance, the Fire
Chief, or duly authorized designee, shall meet with the grievant and the grievant's
representative and submit a written response thereto.
B. Step II. If the grievant is not satisfied with the decision of the Fire Chief, or if the
grievant has not received a written decision within the time specified, the grievant
may file a written appeal with the City Manager,or duly authorized designee,within
twenty (20) calendar days of the answer or such time when the answer was due.
Within twenty (20) calendar days of receipt of written appeal, the City Manager, or
duly authorized designee, shall meet with the grievant and the grievant's
representative, and shall submit a written response thereto within twenty (20)
calendar days of receipt of the written appeal.
C. Step III. Either party to the dispute may request that the dispute be submitted to
arbitration in accordance with the procedure contained herein. Such request shall be
submitted in writing within twenty (20) calendar days after completion of Step II
above, with a copy served by mail/email to the other party.
SECTION 6. ARBITRATION PROCEDURE.
A. The City and the Union shall promptly meet to attempt to mutually select an
arbitrator. If such selection cannot be accomplished, either the City or the Union
may notify the California State Mediation and Conciliation Service (CSMCS) to
submit nine (9) names of neutrals that are qualified to serve as an arbitrator. The
City and the Union shall meet within five (5) business days upon receipt of the list
of arbitrators to mutually select the Arbitrator to hear the dispute or to alternately
strike-off names until only one arbitrator remains. That person shall then serve as
the Arbitrator. In the event either the City or the Union desires to strike an entire list
submitted by the CSMCS, such party may do so on up to two (2) occasions. In that
case,the parties shall mutually and promptly request a new list from the CSMCS.
B. The Arbitrator shall not have the authority to add to, modify, or subtract from this
MOU or to take testimony from one party outside the presence of the other. The
Arbitrator's authority is thus limited to deciding whether there has been a violation
of this MOU pursuant to a grievance as defined in this Article,and the determination
of an appropriate remedy for any such violation. The Arbitrator shall only have
authority to issue recommendations or an advisory award concerning the
35
interpretation or application of Article XIV, and such award shall not be binding
upon the parties.
Furthermore,the Arbitrator shall not have the authority or power to render a binding
decision that requires the City to expend additional funds,hire additional employees,
buy additional equipment or supplies, pay wages or benefits not specifically
provided for in this MOU, or to take any action which would be in violation of
Federal or State laws.
C. The decision of the Arbitrator shall be final and binding upon the City, Union,
grievant, and all employees covered by this MOU in the following cases:
1) All discipline and discharge cases of employees. In discipline cases,
the Arbitrator's remedy may include reinstatement and/or back pay in
full or in part.
2) Disputes regarding the interpretation or application of specific
provisions of this MOU.
D. Unless extended by mutual agreement of the parties, the Arbitrator shall render a
decision and award within one(1)month after the close of the hearing and the receipt
of briefs, if any.
E. The compensation and expenses of the Arbitrator shall be borne equally by the City
and the Union. All other expenses, including that of a court reporter, shall be borne
by the party that requests such service, unless the parties agree that such service is
necessary for the arbitration proceeding,in which case,such expenses shall be borne
equally.
ARTICLE XXII
SCOPE AND APPLICATION OF MEMORANDUM OF UNDERSTANDING
SECTION 1. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING.
A. It is the intent of the parties hereto that this MOU shall supersede all prior MOUs or
contrary City contracts and, when approved by the City Council, shall govern the
entire relationship between the City and the Union.
B. City Resolution No.4440 that sets forth a settlement between the City and the Union
of Case No. 237 979 shall remain in effect and be incorporated herein by reference.
SECTION 2. This MOU is subject to amendment only by subsequent written agreement
between, and executed by, the parties hereto.
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SECTION 3. TERMS SEVERABLE. If any provision of this MOU, 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 MOU shall
remain in full force and effect.
SECTION 4. EMERGENCY WAIVER. 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 MOU, the Personnel Rules or Regulations of the City, and/or departmental
rules and policies, may be suspended for the duration of such emergency. After the emergency
is declared over,the City shall immediately meet and confer with the Union regarding the impact
on employees of the suspension of these provisions in the MOU and/or the Personnel Rules or
Regulations of the City and/or departmental rules and policies.
SECTION 5. LIMITED REOPENER. The City can reopen Article III (Salaries)and/or Article
X Section 3 (Vacation Conversion) of the MOU for negotiations during the 2023/2024 or
2024/2025 fiscal years through a limited reopener subject to the requirements set forth in this
Article. In order for the City to invoke this limited reopener:
1) There must be a fiscal year-over-year (from 2021/2022 to 2022/2023, or, from
2022/2023 to 2023/2024) decrease in net sales tax revenue received by the City greater
than 10.0%, and;
2) The City must provide written notice of its request and intent to reopen MOU
negotiations for this limited purpose to the Union during the following dates: December
15, 2023 through January 15, 2024, or, December 15, 2024 through January 15, 2025.
Upon receipt of such timely request, the Parties agree to meet and confer in good faith on the
Article(s)requested for reopening. Any changes to the MOU arising out of this limited reopener
shall be by mutual written agreement. It is the expressed intent of the Parties that the language
pertaining to this limited reopener is included in the current MOU only and expires June 30,
2026. Any inclusion of a like or similar Article in future MOUs will be subject to the meet and
confer process.
ARTICLE XXIII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 1. TERM OF AGREEMENT. The term of this MOU shall commence on July 1,
2023 and shall continue in effect until June 30, 2026.
SECTION 2. REQUEST TO MEET AND CONFER. Upon written notice and request of either
party to modify the terms of this MOU prior to June 30, 2026,the parties shall meet and confer
in good faith for the purpose of reaching a new agreement. -
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ARTICLE XXIV
RATIFICATION AND EXECUTION
The City and the Union have reached an understanding as to certain recommendations to be
made to the City Council for the City and have agreed that the parties hereto will jointly urge
said Council to adopt a new wage and salary resolution which will provide for the changes
contained in said joint recommendations. The City and the Union acknowledge that this MOU
shall not be in full force and effect until adopted by the City Council of the City of Orange.
Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the
City and the Union and entered into this 23`1 day of January 2024.
ORANGE CITY FIREFIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
CITY OF ORANGE ASSOCIATION OF FIRE HTERS,AFL-CIO
r
By: B
Monica Espinoza,Human Resources Director igue Gonzalez, President
By: 6- By'
Cody leen, Human Resources Manager Brad eena i r, Vice Pr-..ident
By: V• . •_ 'C..!,B Or
Christina opez, r.H man ' -sou es Analyst Jason Alonzo, Treasurer
By: gill tiAll111 B
Robert oy. Sr. • dministrati Analyst n Cunanan, Secretary
By:
K ey S Mem er at Lar e
i iBy:n avia Jr., Me at Large
APPROVED AS TO FORM:
ti/
j, ,U G
M e Vigliotta, City Attorney
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APPENDIX A
VACATION BENEFITS—SCHEDULE 1
FIRE EMPLOYEES WORKING AN AVERAGE 55.9 HOUR WORK WEEK
EXCEPT FIRE CAPTAINS)
ACCRUAL RATE: 12.56 HOURS = 1 DAY
Years of Service Hours per Year Days per Year Shifts per Year
1-04 138 11 5.75
5-14 188 15 7.83
15-24 251 20 10.46
25-30 314 25 13.08
39
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APPENDIX A (CONTINUED)
VACATION BENEFITS—SCHEDULE 3
FIRE EMPLOYEES WORKING AN AVERAGE FORTY(40) HOUR WORK WEEK
EXCEPT FIRE CAPTAINS)
Those employees who work a regular work week of forty (40) hours shall accrue vacation on
the following basis:
Years of Service
Approx. Workdays
Hours per Month Workdays per YearperMonth
1-4 0.917 07.333 11.0
5-14 1.250 10.000 15.0
15-24 1.667 13.334 20.0
25-30 2.083 16.667 25.0
41
APPENDIX A (CONTINUED)
VACATION BENEFITS-SCHEDULE 4
FIRE CAPTAINS WORKING AN AVERAGE FORTY(40) HOUR WORK WEEK
Except, however, that Fire Captains who work a regular work week of forty (40) hours shall
accrue vacation on the following basis:
Years of Service Approx. Workdays Hours per Month Workdays per Year
per Month
1 0.917 07.333 11.00
2 0.938 07.500 11.25
3 1.042 08.334 12.50
4 1.146 09.167 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
I/ 28 2.208 17.667 26.50
29 2.250 18.000 27.00
30 2.292 18.334 27.50
42
EXHIBIT A
ORANGE CITY FIREFIGHTERS,INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,AFL-CIO
MONTHLY SALARY RANGES
EFFECTIVE JUNE 19,2022
2.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE
STEP STEP STEP STEP STEP
A B C D E
Fire Captain F645.5 10622 10622 10622 10622 10622
Fire Engineer F614.5 7486 7860 8253 8666 9099
Fire Inspector/Investigator F633.5 10004 10004 10004 10004 10004
Fire Safety Specialist F595.5 6808 7148 7506 7881 8275
Firefighter F589.5 6607 6937 7284 7649 8031
Hazardous Materials Specialist F615.5 7523 7899 8294 8709 9144
Plan Examiner F615.5 7523 7899 8294 8709 9144
EFFECTIVE JUNE 18, 2023
5.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE
STEP STEP STEP STEP STEP
A B C D E
Fire Captain F655.5 11166 11166 11166 11166 11166
Fire Engineer F624.5 7869 8262 8676 9109 9565
Fire Inspector/Investigator F643.5 10517 10517 10517 10517 10517
Fire Safety Specialist F605.5 7157 7515 7890 8285 8699
Firefighter F599.5 6945 7293 7657 8040 8442
Hazardous Materials Specialist F625.5 7908 8304 8719 9155 9613
Plan Examiner F625.5 7908 8304 8719 9155 9613
43
EXHIBIT A (CONTINUED)
ORANGE CITY FIREFIGHTERS, INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,AFL-CIO
MONTHLY SALARY RANGES
EFFECTIVE JUNE 30,2024
5.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE
STEP STEP STEP STEP STEP
A B C D E
Fire Captain F665.5 11738 11738 11738 11738 11738
Fire Engineer F634.5 8272 8685 9120 9576 10055
Fire Inspector/Investigator F653.5 11055 11055 11055 11055 11055
Fire Safety Specialist F615.5 7523 7899 8294 8709 9144
Firefighter F609.5 7301 7666 8049 8452 8874
Hazardous Materials Specialist F635.5 8313 8729 9165 9624 10105
Plan Examiner F635.5 8313 8729 9165 9624 10105
EFFECTIVE JUNE 29,2025
2.0% Across the Board Salary Increase
CLASSIFICATION TITLE RANGE
STEP STEP STEP STEP STEP
A B C D E
Fire Captain F669.5 11975 11975 11975 11975 11975
Fire Engineer F638.5 8439 8861 9304 9769 10257
Fire Inspector/Investigator F657.5 11278 11278 11278 11278 11278
Fire Safety Specialist F619.5 7675 8059 8462 8885 9329
Firefighter F613.5 7448 7821 8212 8622 9054
Hazardous Materials Specialist F639.5 8481 8905 9350 9818 10309
Plan Examiner F639.5 8481 8905 9350 9818 10309
44
EXHIBIT B
Policy Orange City Fire Department
215 Orange City FD Fire Policy Manual
Operations Staffing
215.1 PURPOSE AND SCOPE
Agency Content
a) To establish a clear and consistent policy to maintain operational staffing.
b) To provide an equitable procedure for filling and scheduling coverage assignments.
c) To establish the procedure for assigning staffing to openings due to vacation,
compensatory time usage, floating holiday, sick leave including long term non-
industrial injury or illness, industrial sick leave, administrative or training assignment
time, bereavement leave, family medical leave act or other types of leave. For the
purpose of coverage, all leave shall be considered the same and subject to the
procedure outlined in this policy.
215.2 RESPONSIBILITY
Agency Content
a) It shall be the responsibility of the shift commander to enforce this policy in a fair and
consistent manner.
b) In order for the system to work properly, it shall be the responsibility of all safety
members to work their fair share of overtime in accordance with the provisions outlined
in this policy.
c) It shall be the responsibility of employees signed up on the Available Sign-up List to
work their assigned shift(s).
215.3 DEFINITIONS
Agency Content
Auto Assign: A feature of TeleStaff that automatically fills vacancies on the roster using qualified
members on the sign-up list, or through draft procedures.
Automated Notification:A feature of TeleStaff that notifies members of staffing opportunities using
phone, computer or Internet.
Automated Payroll Accounting Roster: The daily roster displayed in TeleStaff.
Automated Payroll Accounting System: An automated, computer software system designed to
assist in managing the operational coverage for the Fire Department. While the current software
program is known as Telestaff, future software may utilize different staffing systems.
Available Sign-up List:A function of Automated Payroll Accounting System that assigns and tracks
coverage availability and the total number of hours worked on a semi-annual basis. An eligibility
list will be created and maintained by the Automated Payroll Accounting System. This list will give
hiring priority to the employee with the least amount of hours worked.
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Draft Procedure: A provision of the M.O.U. that is utilized to assign members to cover staffing
vacancies when no one has signed up for overtime.
Draft List:A separate list used to fill vacancies when no one has signed up to work on a given day.
Emergency Staffing: A condition where the Department has an emergent need to hold-over
personnel, upstaff, or backfill. The shift commander has the right to work individuals down during
emergency staffing situations.
215.4 GENERAL PROVISIONS
Agency Content
a) Except for covering sick leave or industrial leave, or to staff for vacancies, members
shall be responsible for arranging their own coverage following the procedures set
forth in this policy.
b) Draft procedures will be used to fill vacancies caused by sick leave, industrial leave, or
vacant positions which are not covered by normal means.
c) Draft procedures will be used when no one has signed up to work.
d) Orange City Fire Department personnel may only schedule and take off time that has
been accrued prior to the desired day off(including within the same pay period). It is
the responsibility of members to regularly review the accrued hours credited to their
personal balance.
215.5 PROCEDURE
Agency Content
215.5.1 DISCRETIONARY TIME COVERAGE
Agency Content
Personnel taking discretionary time (i.e. vacation, compensatory time or floating holiday) must
enter the date(s) requested into the Automated Payroll Accounting System (TeleStaff).
a) Personnel may offer the desired discretionary time coverage to the company members
opposite of them. If offering the overtime in-house, personnel shall first ask the
opposite company member who has the least number of overtime hours. If the first
member declines, then the next member shall be asked prior to using the Available
Sign-up List. In the event that there is no opposite available, due to vacancy, then the
individual desiring the time-off must use the Available Sign-up List; and offer it to the
personnel on the list, in order.
b) Personnel opting to offer the discretionary time to personnel outside of their company
shall use the Available Sign-up List and offer the opportunity to the person with the
minimum qualifications and lowest number of overtime hours.
c) In multi-company stations, only the opposite company member(s) on the employee's
assigned unit are eligible to fill the request. Company members will have only two
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opposites, which will be identified by the official roster maintained by the Operations
Section.
215.5.2 SICK LEAVE COVERAGE
Agency Content
Sick leave usage and coverage shall be according to the following procedure:
a) When possible, personnel should notify the shift commander's office of their intention
to use sick leave no later than 21:00 hours the evening before their scheduled shift.
b) If that is not possible, the notification to the shift commander via 714-288-2505 must
be made at 06:00 hours(60 minutes before the scheduled beginning of the work shift).
c) The procedure for covering positions created by sick leave usage shall follow this
policy using the Available Sign-up List.
d) If the coverage cannot be filled using the Available Sign-up List, draft procedures shall
be used.
e) Any employee who gets sick while on-duty must notify their supervisor of their need
to used sick leave.
f) The supervisor will then notify the shift commander that a replacement employee is
needed to fill the spot vacated by the sick employee. That vacancy will then be filled
using the provisions of this policy.
215.5.3 SIGNING UP TO WORK OVERTIME
Agency Content
a) Personnel wishing to work overtime must sign-up on the Available Sign-up List for the
days they wish to work.
b) Employees teaching a department-sponsored class (Engineer Academy, Captain
Academy, etc.) will not sign-up for or accept working
opportunities(OT, CTA,TTW)during their teaching hours.If these hours were entered
into the Automated Payroll Accounting System prior to the teaching commitment, the
Department will arrange alternate coverage.
c) Available Sign-up:
1. Employees choosing to work coverage assignments shall sign-up on the
Automated Payroll Accounting System using the following code: "Available" -
this code indicates an employee's availability for up to 24 hours.
2. List priority shall be made based on accumulated hours. The member with the
appropriate rank, minimum qualifications and the least number of accumulated
hours shall be considered first in line for the overtime opportunity. If the total
hours of two employees are zero or equal, the last date worked shall determine
preference. If there is a tie,then the next last date worked will be used until the tie
is broken. The list shall be updated as coverage is scheduled. All accumulated
hours shall be reset to zero on March 1st and September 1st of each year.
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3. Employees assigned to work shall have their assigned coverage hours charged
to their accumulated total up to seven days in advance.
4. Newly hired employees or promoted employees shall be placed on the
accumulated hour list for their rank in a position equal to the highest amount of
any single employee coverage hours accumulated on that list, plus one hour.
d) Personnel who have signed-up on the Available Sign-up List and are unable to work,
must remove their name before the Automated Payroll Accounting System gives them
a work assignment. Individuals failing to remove their name from the Available Sign-up
List,will be expected to work the assigned shift or find their own replacement according
to this policy.
e) Employees may make arrangements for an alternate of equal rank to cover the
assigned overtime spot and shall use the Available Sign-up List. If no one is signed-up,
the employee may search for a replacement and if one is found, the original employee
will not accumulate additional non-worked hours to his or her total overtime hours
worked.
f) The alternate employee will accumulate the hours worked to their total of overtime
hours worked.
g) If an employee on the Available Sign-up List is called and does not accept their hiring
notification by 0600 hours on the coverage date:
1. The employee will be given a staffing warning for the first two occasions.
2. Members missing a third and/or subsequent notification will have 12 "penalty
hours" charged to their accumulated total hours of overtime worked for each
occurrence.
3. If the employee accepts the coverage assignment, the warning will be removed.
4. The staffing warning cycle will be reset on March 1st and September 1st of each
year.
5. Staffing warnings will be given to all personnel signed up who do not accept their
hiring notification regardless of position on the list.
6. No staffing warning shall be issued after 07:00 hours for that day.
h) Employees scheduled to instruct official Department training, attend mandatory
training, special events or those who have committed at the Department's request to
other departmental activities on their days off, are not considered eligible to sign-up
on the Available Sign-up List, and will not be contacted for overtime opportunities.
i) In the event an employee commits to an overtime obligation on a day they are
scheduled to instruct official Department training, attend mandatory training or have
committed themselves at the Department's request to other departmental activities on
their days off, the Department may not be obligated to honor its commitment to utilize
that member in the specific assignment.
j) Employees scheduled to instruct official Department training, attend mandatory
training or those who have been asked to commit at the Department's request to other
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departmental activities on their days off, will not be subject to the Draft Procedure, but
may be eligible to work a partial shift, if they so choose.
k) Promotional candidates and personnel attending Department promotional academies
will not sign up for OT.
I) Staff members assigned to 40-hour positions, choosing to be excluded from the
overtime system, shall notify the shift commander's office by e-mailing all three
Battalion Chiefs prior to the next reset date, March 1st or September 1 st.The member
will remain excluded until the next reset date and until the member requests to be
included.
m) Paramedic students choosing to be excluded from the overtime system shall notify
the shift commander's office by e-mailing all three Battalion Chiefs prior to starting
Paramedic school.The option will end as soon as they return to regular duty at the
completion of the Paramedic training program.
n) Suppression personnel may request to be excluded from the overtime system for
extenuating circumstances with the approval of the Fire Chief or his designee. The
re-entry back into the overtime system will be evaluated by the Fire Chief when no
longer needed, or at the end of the third month, whichever comes first.The Fire Chief
may extend, if necessary.Suppression personnel choosing to be excluded from the
overtime system shall notify the shift commander's office with an estimate of time to
be excluded.
215.5.4 MAXIMUM HOURS OF WORK
Agency Content
a) With the exception of emergency conditions approved by the shift commander,
employees shall not work more than 120 consecutive hours. Employees working 120
consecutive hours must be off 12 consecutive hours before returning to duty. After 12
consecutive hours off, the 120-hour threshold resets.
b) With the exception of emergency conditions, or as described in section
215.5.7 (p) 2, members are not to be drafted to work a period longer than 72 hours.
215.5.5 DOCUMENTING TIME CODING
Agency Content
a) Each employee is responsible for reviewing the daily Automated Payroll Accounting
roster for accuracy requesting and/or covering their assignment.
b) Each employee working a coverage assignment shall notify the shift commander via
the Automated Payroll Accounting System to have their work code changed by 12:00
hours on the day they work the coverage assignment.
c) When accounting for portions of an hour,time worked will be rounded up to the nearest
quarter of an hour, as indicated below:
1 to 15 minutes indicate 1/4 hour
16 to 30 minutes indicate 1/2 hour
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31 to 45 minutes indicate 3/4 hour
46 to 60 minutes indicate 1 hour
215.5.6 ASSIGNING OVERTIME
Agency Content
a) The shift commander on a daily basis shall initiate hiring and notification of personnel
assigned to cover requested time off at 16:00 hours, or as close to 16:00 hours
as possible if unavailable. The Automated Payroll Accounting System shall assign
overtime starting with positions to be filled seven days out and working back to the
next day.
b) Vacancies will be filled in the following order:
1. 24 hour Rescue vacancies.
2. 24 hour Firefighter vacancies (in random order).
3. 24 hour Captain/Engineer vacancies (in random order).
4. Partial Rescue vacancies.
5. Partial vacancies in any rank, in descending time order.
c) The Automated Payroll Accounting System shall assign available overtime
opportunities based on the number of hours worked by members within in each rank.
d) The Automated Payroll Accounting System shall assign, in rank, an overtime
opportunity to the member signed-up to work on the day in question who has had the
least number of overtime hours worked since the last reset date.
e) In the event of an off-duty injury, personnel electing to use discretionary time (i.e.
vacation, compensatory leave or floating holiday) will be responsible for finding their
own coverage. If the employee cannot fill all of the vacancies, the employee has the
option of using sick leave, leave without pay (per Human Resources Manual 5.0918),
or long-term disability in accordance with City policy.
f) In the event that an employee goes off on industrial leave after discretionary time is
entered in the Automated Payroll Accounting System, days equal to or more than 7
days out will be redistributed via the available or draft lists. Days less than 7 days out
will honor the same coverage that was entered before the industrial injury.
g) Vacancies of less than 5 hours (i.e. union business leave, special duty) can be filled
by the most convenient person(i.e. a person coming on or going off duty at the station,
staff member, etc.) bypassing the normal rules for filling vacancies.
h) In the rare instances where an employee gets sick or injured after 23:00 hours, that
vacancy can be filled by calling the member that would normally be relieving the sick/
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injured employee the next morning. If this employee is unable to work, normal staffing
rules apply.
215.5.7 DRAFT PROCEDURES
Agency Content
In order to provide staffing coverage when no one has signed-up to work, the shift commander
shall use the draft procedure. For purposes of forced hiring, the Draft List shall be a completely
independent list from the Available Sign-up List.The following rules shall apply to the Draft List:
a) The shift commander on a daily basis shall initiate hiring and notification of personnel
assigned to cover requested time off at 16:00, or as close to 16:00 as possible, if
unavailable. The Automated Payroll Accounting System shall assign draft overtime
starting with positions to be filled seven (7)days out and working back to the next day.
b) The Draft List forces an employee to work overtime on a date that they did not sign
up to work.
c) The employee selected for the draft shall be of the same rank as the position requiring
coverage.
d) The employee who was drafted on the farthest date prior to the date needing coverage
shall be first up to be drafted and shall be required to cover the opening.
e) The Draft List shall remain consistent and shall not be reset.
f) New employees shall move to the front of the list, in reverse order of seniority by DID
number, as soon as they are eligible to work overtime.
g) A drafted employee may make arrangements for an alternate of equal rank to cover
the open spot under the following criteria:
1. The originally drafted employee will not be moved to the bottom of the Draft List,
but will remain at the top until he/she works a minimum of 9 hours of forced hire
time.
2. The alternate employee will not be moved on the Draft List either but will be
credited with the number of hours worked since he/she is not being forced to
work, but is voluntarily working the coverage.
h) Only the first shift of a multi-day deployment (i.e. strike team, overhead assignment)
will qualify as a draft when the employee was already working a draft day at the point
when they were deployed. Subsequent days on a multi-day deployment will not be
counted as draft, regardless of an employee's sign up status on those days.
i) Members shall not be subject to the draft procedure if they are on sick or industrial
leave, attending required paramedic training (including hospital time and field
observation shifts)or other approved time off.
j) Members scheduled to instruct official Department training, attend mandatory
training, special events, or those who have committed, at the Department's request,to
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Operations Staffing
other departmental activities on their days off, are not considered eligible to be
drafted, but may be eligible to work a partial shift, if they so choose.
k) Members teaching a Department-sponsored class (Engineer Academy,Captain
Academy, etc.), are not eligible to be drafted on their teaching days.
I) Staff members assigned to 40-hour positions choosing to be excluded from the
overtime system shall notify the shift commander's office by e-mailing all three
Battalion Chiefs prior to the next reset date, March 1st or September 1st. The member
will remain excluded until the next reset date, and until the employee requests to be
included.
m) Paramedic students choosing to be excluded from the overtime system shall notify
the shift commander's office by e-mailing all three Battalion Chiefs prior to starting
Paramedic school. The option will end as soon as they return to regular duty at the
completion of the Paramedic training program.
n) Employees on trade time, compensatory time, vacation or other approved time off
equal to or greater than 12 hours, touching the beginning or end of the period will
not be drafted, except during emergencies. Personnel assigned to a 40-hour work
schedule will not be subject to draft if they are on vacation, compensatory time or other
approved time off of five (5) hours or more. They may exercise their option to work,
if they so choose.
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6
21 2? 23 74 25 26
28 30 31 --
Scenario#2 Scenario#1
Example:An employee is assigned to A-Shift and is scheduled to be off during the
period of the l lth-14th.That member will be excluded from the draft during that
period of time if a minimum of 12 hours has been taken off utilizing either trade time,
compensatory time,vacation,or other approved time under one of the following
scenarios:
Scenario#1
1. At minimum 12 hours off night time(1900-0700)on the last shift(regular
duty)before the 11th-14th i.e.the 10th.
If employee takes off at least 12 night on the 10th,but is scheduled to return to
work for any amount of time i.e.OT,CTA or TT during the period of the lath-14th,
they will not be excluded from the draft anytime after that period of time they
have returned to work during the period of the llth-14th.
Or
Scenario#2
2. At minimum,12 hours off day time(0700-1900)on the first shift(regular
duty)after the filth-14th i.e.the 15th.
If employee takes off at least 12 day on the 15th,but is scheduled to return to
work for any amount of time i.e.OT,CTA or TT during the period of the llth-14th,
they will not be excluded from the draft anytime before the period of time they
have returned to work during the period of the llth-14th.
o) When drafted in advance of the scheduled shift, the drafted member will be
flagged (not available for further drafts), then moved to the bottom of the Draft List on
the day the coverage is actually worked.
p) When filling a vacancy and the Sign-up List and the Draft List return no qualified
members, the shift commander will:
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1. Draft the person working in the same position the day before if they match the
minimum qualifications.
2. If that member's draft will work more than 72 hours, the shift commander, using
the roster from the day before, will draft the employee with the correct
qualifications who will be drafted into the shortest period of consecutive hours.
q) Upon promotion, employees shall be placed on the Draft List in the same relative
position as in their previous rank.
r) If a member is unable to fulfill the draft obligation due to irreconcilable issues, the shift
commander has the discretion to skip to the next qualified member on the Draft List.
Force hiring is a condition of employment.
215.5.8 HOLIDAY COVERAGE
Agency Content
a) To reduce the possibility of drafting personnel and when there are no personnel on the
Available Sign-up List on December 24th and December 25th, personnel volunteering
to work may fill vacancies. Sign-up periods shall be less than 12 hours but at least two
2) hours. If the entire shift is not filled, the Draft procedure will be used to cover the
24-hour shift in 12-hour periods. The first member up for draft will fill in from 07:00 to
19:00 and the second member will fill in from 19:00 to 07:00.
b) Any hours worked on Christmas Eve and Christmas Day (draft or volunteer) will not
be credited to overtime hour totals.
c) On Christmas Eve and Christmas Day,time off will not be granted when the availability
of draftable employees drops below 50% per rank(Firefighter, Engineer and Captain).
Vacancies due to industrial leave, sick leave or short staffing will be counted toward
the 50% threshold.
d) Except for emergency situations, personnel will not be required to work Christmas
Day if they work regular duty on Christmas Eve; or to work Christmas Eve if they are
scheduled to work regular duty on Christmas Day.
e) Members volunteering to work any portion of Christmas Eve or Christmas Day are not
excluded from the draft procedures according to this policy on these two days.
215.5.9 SHIFT EXCHANGE (TRADING)
Agency Content
Under this policy, employees shall have the right to exchange or"trade"shifts or time. Employees
may exchange time with members of equal rank provided:
a) The trade does not interfere with the operations of the Department.
b) Three-way trades are not allowed.
c) No obligation accrues to the City as a result of the exchange.
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d) It shall be the responsibility of the member who has agreed to work the trade to report
for duty. If the employee is unable to report to work (including illness, injury, etc.)for
a scheduled trade, that employee must make arrangements for an alternate to cover
the assignment.
e) In the event the employee who agreed to the trade is unable to report for duty(including
illness, injury,etc.)or find an alternate,the employee will contact the shift commander's
office as soon as possible. The shift commander will hire an overtime replacement
according to this policy and charge the vacation or compensatory time to the individual
who was unable to report for duty.
f) Trade days worked that are later determined to be industrial leave, will not be
converted to overtime and paid out.
215.5.10 ADMINISTRATIVE ASSIGNMENTS
Agency Content
a) Personnel assigned to administrative or staff positions, including those in both the
Operations Section and Services Section are eligible to access operational staffing
opportunities.
b) Eligibility shall be subject to the following provisions:
1. Battalion Chiefs may offer coverage opportunities for discretionary time off to
their shift opposites in a manner consistent with company members.
2. All eligible administratively assigned personnel, including chief officers, shall
have access to non-discretionary time (including SL, IL, FL, JD, BL, etc.).
3. Administratively assigned personnel are generally limited to signing up for
availability on days other than their normal work schedule.
a) Example: a member working the 4-10 schedule with every Friday off may
access the Available Sign-up List for Friday, Saturday, and Sunday.
4. To allow for additional coverage opportunities, administratively assigned
personnel may "flex" their schedule (change their normal day off), with the
approval of their supervisor.
a) This practice will generally limited to two occasions per month.
5. Administrative personnel, who accept assignments from the Available Sign-up
List, are subject to draft procedures for those days that are not considered
regular work days.
a) With the exception of emergencies, administratively assigned personnel
who opt out of the overtime system are not subject to the draft procedure
on regular days off.
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6. Administrative personnel who are reassigned to a 24-hour shift position in the
Operations Section,will assume their position on the Draft List according to their
last date of forced hire.This date may have occurred prior to their administrative
assignment.
215.5.11 SPECIAL EVENT STAFFING
Agency Content
a) All special events worked (i.e. Chapman University graduations, boxing events) will
be paid via a 40-hour rate pink slip time card. Hours worked will not be entered into the
Automated Payroll Accounting System and will not count toward a member's voluntary
or draft buckets. The shift commander is responsible for filling out the pink slips for
the members.
b) Seven (7) days out, after the Automated Payroll Accounting System has filled the
known vacancies on the roster, the shift commander will create a paper roster with
the special event openings.
c) The special event openings will be filled using the available sign up list. If there are no
volunteers, the openings will be filled using the Draft List.
d) Members will not be moved between the 56-hour roster and the 40-hour roster with one
exception.The shift commander has the discretion to swap a member from one roster
to the other if the time and rank are the same (i.e. Firefighter El B is off on jury duty for
9 hours and is filled with a paramedic. The special event R21 Firefighter/Paramedic
needs to be filled for 9 hours and the next person on the list is a non-paramedic. the
shift commander will swap the Firefighter/Paramedic to the special event unit and the
non-paramedic to El B).
e) The member working the event will be paid at the 40-hour rate for the portion of the
shift spent working the event. Any time not spent working the event will be paid at the
56-hour rate, sending the drafted member home.
f) Members will only be drafted once for any particular multi-day special event,
subsequent drafts for the same event will rotate down to the next member on the draft
list.
215.6 STAFF MANAGEMENT INFORMATION
Agency Content
a) Individual members are solely responsible for the accuracy and maintenance of
current personal information for each of the following fields:
1. Primary and secondary phone number
2. Individual password
3. Address
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b) If a member cannot be contacted due to incorrect contact information, that member
shall be subject to the procedure outlined in section 215.5.3 (g).
I/ 215.7 SEMI-ANNUAL REVIEW
Agency Content
If desired by either the Union or the Department, the conditions of this policy, including procedural,
mechanical or technical concerns or recommendations,shall be jointly reviewed on a semi-annual
basis (March/September).
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EXHIBIT C
Policy Orange City Fire Department
1 013 Orange City FD Fire Policy Manual
Operational Assignment Bid Policy
1013.1 PURPOSE AND SCOPE
a) To establish a clear and consistent policy to allow for a bid system for operational
staffing.
b) To provide an equitable procedure for filling operational staffing assignments.
1013.2 RESPONSIBILITY
a) It shall be the responsibility of Fire Management to enforce this policy in a fair and
consistent manner.
b) It shall be the responsibility of the Fire Union to oversee the bidding procedure in a
fair and consistent manner.
1013.3 DEFINITIONS
Administrative Assignment (A.A.) : A member who either temporarily volunteers or is
temporarily assigned by the Department to a position other than their regular bid position, for the
purpose of facilitating probationary positions, training, paramedic coverage or other operational
departmental need, which the Department consults the Union for input.
Bid Coordinator : Union President or his designee, who receives bid requests from personnel,
updates bid roster, and contacts personnel when there is an opening at any of their transfer
choices.
Bid Process Period : A 27-day period of time in which request for bid assignments are received
and reviewed. The process for members to bid for an assignment shall occur four(4)times a year.
Seniority : The criteria used to determine preference for assignment. For purpose of this policy,
seniority shall be determined in the following manner:
a) In rank, first by date of promotion or assignment, then by placement on promotional
list (i.e. Individuals in Band I will hold seniority priority over those individuals in Band
II and Band III, and those individuals in Band II will hold priority over those individuals
in Band III. If multiple individuals in a respective Band are promoted at the same time
the tiebreaker for seniority in each Band will be current DID number, lowest DID takes
seniority position.)
b) By Department Identification Number, (DID #)
c) For paramedic assignments, the amount of time a member has been in an assigned
Orange City Fire Department paramedic position for their current rank.This cumulative
time will be used to determine their bid position on the paramedic seniority list. Any
member, who promotes, will not be able to use their cumulative paramedic time in
the new rank.
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d) Any member who leaves the department for any reason and decides to return will
enter the bid system utilizing their new DID number and will not be allowed to use their
previous time on the department to determine seniority.
e) Any Paramedic (Captain, Engineer, and Firefighter) who gives up their paramedic
position will return to the non-paramedic seniority bid list with all of their cumulative
time in their respective rank. An example would be a firefighter who has eight years
on the job with three of them being a paramedic would return to the non-paramedic
bid list with eight years seniority.
f) Any former paramedic who wants to return to a paramedic assignment will not be
allowed to use their cumulative paramedic time for seniority purposes when entering
back into the program.
g) Any member who willingly takes a demotion or is involuntarily demoted will go back to
their former rank or assignment with the amount of cumulative time they had in their
former position.
Staff Assignment:The forty(40)hour staff positions in the Administration Section,the Prevention
Section of the Services Branch and the Training and Safety Division of the Operations Branch.
Staff assignments are made at the direction of the Fire Chief for designated periods of time,
typically two or more years. Members in staff assignments have the ability to return to their
Field Services position at the conclusion of the staff assignment. While in a staff assignment,
members may bid for any position that becomes available and will be able to occupy their reserved/
flagged position upon completion of their staff assignment. Any other member who bids into a
staff member's reserved/flagged position will be re-assigned out of that position when the staff
member returns to their Field Services position. Staff assignments are exempt from Field Services
administrative assignments.
Paramedic Assignments : Captain, Engineer and Firefighter positions designated by the
Department as paramedic assignments that are to be held by members working as designated
Orange City Fire Department Paramedics. Only those members specifically designated by the
Department as a paramedic assignee may fill these positions. Designated paramedic assignments
are exempt from non-paramedic administrative assignments.
Training Company Positions : Captain, Engineer and Firefighter positions assigned to the
designated shift engine and truck training companies. Other than those assigned during their
probationary period, members bidding for assignment to the training companies should have
completed Instructor 1A and 1B. Management shall have the right to remove any member from
a training company assignment, if documented issues have arisen concerning that member's
performance of training assignments. Such removal shall not be considered discipline or punitive.
Urban Search and Rescue (US&R) Positions : Four(4) US&R qualified positions at the station
housing the US&R Company deriving personnel from Truck 1 and Engine 1 (Truck 1 Captain
shall be US&R qualified). Members bidding for assignment to the US&R Company(s) shall have
submitted documentation to the Training Division prior to the bid process,which demonstrates that
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they meet the special qualifications for the US&R positions. Personnel bidding into US&R positions
are required to maintain appropriate US&R training levels and documentation during the term
of their assignment. Other than members assigned to US&R Companies during a probationary
period, members making up the four (4) US&R positions shall have completed the following
classes:
Rescue Systems 1 and 2
Trench Rescue
Confined Space Rescue
Swift water Rescue
1013.4 GENERAL PROVISIONS
a) pThe Department is ultimately responsible for the assignment of personnel to fire
companies. The first priority shall be to staff companies to ensure the most efficient
and effective use of personnel to deliver service.
b) Probationary Captains are not subject to this policy.
c) Probationary Engineers will be assigned to the natural opening(s)in the engineer rank.
Whenever possible, they shall serve six (6) months on an engine and six (6) months
on a Truck or Squad. If natural openings are not available, probationary engineers will
be administratively assigned as necessary.
d) New Firefighter Paramedics are not subject to this policy for their first year as a
paramedic.
e) Members serving a formal probationary period as the result of being newly hired are
not subject to this policy.
f) Members being displaced from their bid position in order to facilitate a probationary
assignment shall have the first right to return to that position when it becomes available
unless they have bid for and accepted another position during the period they were
displaced.
g) In order to provide for operational effectiveness, the Department may temporarily
administratively assign members in order to balance positions or total number of
personnel between the three shifts. If there are no volunteers to switch shifts, the
Department shall transfer the least senior member of that rank or specialty on an
administrative assignment.
h) Seniority shall be used to determine the order of the bid process. Shift assignment
shall not be used as criteria for bidding.
I) In multi-company stations (Paramedic Assessment Unit (PAU) and Rescue
Ambulance (RA)), whenever Fire Administration has reorganized the Paramedic
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positions and has assigned Firefighter/Paramedics to the PAU at those stations, the
following shall occur under the direction of the company officer:
1. All three Firefighter/Paramedics (PAU and RA) on all three (3) shifts shall be
consistently rotated ensuring that each one of the three (3) members serve
1/3 of their monthly shifts on the Engine (PAU) and the other 2/3 of the time
shall be served on the Rescue Ambulance (RA). Exceptions to this shall
include,scheduled traiing and Department operational need, such as strike team
assignments.
2. Company officers shall ensurethat all scheduled and assigned training will be
attended, regardless of the assignments for that day.
3. The member who has bid for the Engine (PAU) assignment shall continue to
use that bid only for purposes of distributing overtime to their counterparts on
the two (2) opposite shifts (see Policy 215).
4. Approved time off,scheduled/assigned training and moves based on operational
need count as time worked on the PAU/RA that they were assigned for that
shift. Hours lost will not be made up, such as a strike team assignment.
5. Overtime/trade time personnel will be assigned as the discretion of the PAU
company officer.
j) Any rank paramedic (Captain, Engineer, and Firefighter)that desires to bid for a non-
paramedic position will have the ability to place their choices on the bid matrix. If they
bid for a non-paramedic position, they have two (2) hours to accept the position from
the bid coordinator via a phone call and an e-mail. Once accepted, the member will
have an additional 48 hours to notify the Deputy Chief of Operations of their intention to
resign their paramedic assignment.All details will be worked out between the member
and the Deputy Chief-Operations. During that time, their new position will be flagged
until the department can reasonably make the transition. If any area of the two (2)
hour or 48 hour time period is not met, the position will go back out for bid to the next
member who is on the bid matrix.
k) If for Department operational needs, a paramedic position is moved or re-assigned
to another station or assignment, and a generic position (Captain, Engineer, or
Firefighter) is displaced, that complete rank shall re-bid.
I) If for Department operational needs, the Training or US&R specialty assignments are
moved to another station or company,and a non-specialty position(Captain, Engineer,
or Firefighter) is displaced, that complete rank shall re-bid.
m) If for Department operational needs, a new or additional unit is placed into service
at any Orange City Fire Department station, a complete re-bid shall occur for those
affected positions.
n) If for any other departmental operational need, any position is lost or reassigned, all
displaced ranks shall rebid.
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o) Members of equal rank and qualifications may submit a written request for a short-
term trade of assignment to the Deputy Chief- Operations. The request shall specify
the period of time being requested for the trade and the decision to grant the request
shall be at the discretion of the Deputy Chief. Upon completion of the short-term trade
assignment, members shall return to their normal assignments.
p) In the event that any position cannot be filled, for any reason, the Bid Coordinator
will solicit members by phone call, text message or City of Orange e-mail for
a voluntary/temporary administrative assignment to these spots. This voluntary/
temporary administrative assignment will be for a maximum of one year. Any member
who volunteers will be allowed to go back to their original position upon completion of
their administrative assignment. If there are no volunteers, the least senior member
meeting the qualifications for these positions shall be administratively assigned.
q) If more than one member per rank or specialty is administratively assigned, the most
senior member may choose which administrative assignment position to fill. Then the
next most senior member may choose, and so on.
1013.5 SENIORITY BID PROCEDURES
a) The process for members to bid for assignment shall occur four (4) times per year.
Transfers will coincide with the F.L.S.A. pay cycles in the months of January, April,
July, and October. Every three years,a complete Department re-bid will occur starting
October 1st. The Department re-bid transfers will take place in the following January
F.L.S.A. pay cycle. Transfers will be in the years 2015, 2018, 2021, and so on.
b) At the start of the bidding process, the Deputy Chief- Operations shall meet with the
Bid Coordinator or their designee to determine which positions shall be open for bid.
This determination shall be based upon factors that include probationary assignments,
paramedic assignments, US&R, Training Company and other criteria that may impact
operational staffing.
c) Using the information of available assignments obtained from the Deputy
Chief- Operations, the Bid Coordinator shall manage the bidding system procedure.
1. Making an open bid period notification through the City of Orange e-mail system.
2. Contacting members on long-term absence or leave.
d) Personnel will submit their request to the Union Bid Coordinator via Department e-
mail only. Bid requests shall be into the Bid Coordinator by noon the day before the
Bid Process Period begins. The e-mail bid request will be confirmed by a reply e-mail
from the Bid Coordinator.
e) At the conclusion of the bid process, the Bid Coordinator shall determine the
member(s) who receive reassignments based upon the provisions of this policy and
shall be responsible for notifying the Deputy Chief- Operations of the results.
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f) The Deputy Chief-Operations, utilizing the City of Orange e-mail system, shall make
notification of new assignments.
g) Unsuccessful bid requests shall be carried over for consideration to the next bid
process period. Personnel can update their bid request at any time, up to the noon
deadline the day before the bid process period begins.
h) It is the member's responsibility to send their bid request by e-mail to the Bid
Coordinator up until the noon deadline the day before the bid process period.
1. Personnel can request to be contacted for any openings from their bid transfer
choices they are qualified for, or for all qualified bid positions.
2. Personnel have the option not to be contacted for any open positions.
3. Captain/Paramedic Captain positions will be filled first, then the Engineer/
Paramedic Engineer positions, Firefighter Paramedic position, and then the
Firefighter positions.
4. Personnel have two (2) hours to respond with an answer to the Bid Coordinator
after contact has been made. Response can be made by phone, text message
or e-mail. Phone and text responses should be followed up by an e-mail for
documentation. If there is no response from the member, they will be passed
over to the next member.
5. Personnel can decline any opening that is offered to them.
6. If the most senior member declines an open position, the next most senior
member who requested to be contacted will be contacted for that position.
7. After every time a open position is filled, the Bid Coordinator will go back to the
top of the bid matrix and go down the seniority list to the most senior member
who wanted to be contacted for that open position to inform them of the results.
1013.6 DENIAL OF ASSIGNMENT
A member who, under this policy, is eligible for a bid assignment, and who is denied the
assignment by the Department, or removed from an existing assignment, shall have the reason
for the denial, or removal, given to them in writing.
1013.7 POLICY REVIEW
If desired by either the Union or the Department,the conditions of the policy, including procedural,
mechanical or technical concerns or recommendations, shall be jointly reviewed.
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