_522_MOU__01.01.2023_-_12.31.2024.pdf

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SMFD LOCAL 522 MOU – January 1, 2023 - December 31, 2024

MEMORANDUM OF UNDERSTANDING

BY AND BETWEEN THE

SACRAMENTO

METROPOLITAN FIRE DISTRICT

AND

THE

SACRAMENTO AREA FIRE FIGHTERS

LOCAL 522, I.A.F.F. (AFL-CIO)

TERM OF AGREEMENT

January 1, 2023 through December 31, 2024

DocuSign Envelope ID: 742D9014-298F-40F7-9A04-E9F700CF4609

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TABLE OF CONTENTS

CHAPTER I – ADMINISTRATION MATTERS

ARTICLE 1: PREAMBLE AND RECOGNITION

ARTICLE 2: UNION SECURITY

ARTICLE 3: JOINT LABOR-MANAGEMENT COMMITTEE

ARTICLE 4: UNION BUSINESS LEAVE

ARTICLE 5: [RESERVED]

ARTICLE 6: DISTRICT RIGHTS

ARTICLE 7: POLICIES AND PROCEDURES

ARTICLE 8: SEPARABILITY AND ECONOMIC REOPENING

ARTICLE 9: TERMS OF AGREEMENT AND MODIFICATIONS

CHAPTER II – COMPENSATION

ARTICLE 10: WAGES

ARTICLE 11: INCENTIVES AND ALLOWANCES

ARTICLE 12: SPECIAL OPS

ARTICLE 13: DISTRICT OVERTIME

ARTICLE 14: EMT CERTIFICATION AND RECERTIFICATION FOR

SUPPRESSION PERSONNEL

ARTICLE 15: UNIFORM ALLOWANCE

CHAPTER III – BENEFIT PLANS

ARTICLE 16: HEALTH PLANS

ARTICLE 17: DENTAL/VISION PLANS

ARTICLE 18: RETIREMENT PLANS

ARTICLE 19: SICK LEAVE

ARTICLE 20: LONG TERM DISABILITY PLAN

ARTICLE 21: WORK-RELATED DISABILITY BENEFITS

ARTICLE 22: LIFE INSURANCE

ARTICLE 23: EMPLOYEE ASSISTANCE PROGRAM

CHAPTER IV – LEAVES AND HOLIDAYS

ARTICLE 24: VACATION AND PTO LEAVES

ARTICLE 25: [RESERVED]

ARTICLE 26: PERSONAL LEAVE

ARTICLE 27: JURY DUTY

ARTICLE 28: RECOGNIZED HOLIDAYS

ARTICLE 29: CONVERSION OF HOURS AND REPORTING OF ACCRUED TIME

OFF BENEFITS

CHAPTER V – HOURS, SCHEDULES, TRANSFERS AND STAFFING

ARTICLE 30: DUTY HOURS AND SCHEDULE

ARTICLE 31: FILLING NECESSARY SHIFT VACANCIES

ARTICLE 32: REQUESTS FOR TRANSFER AND STATION BIDDING

ARTICLE 33: SHIFT TRADES

CHAPTER VI – PROBATION, PROMOTION, DISCIPLINE GRIEVANCES

ARTICLE 34: PROBATIONARY PERIODS

ARTICLE 35: PROMOTIONS

ARTICLE 36: DISCIPLINARY ACTIONS

ARTICLE 37: GRIEVANCE PROCEDURE

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CHAPTER VII – MISCELLANEOUS PROVISIONS

ARTICLE 38: EXPOSURE TO CONTAGIOUS DISEASE IN THE COURSE AND

SCOPE OF EMPLOYMENT

ARTICLE 39: DRIVER’S EXAMINATION

ARTICLE 40: SAFETY

ARTICLE 41: SENIORITY

ARTICLE 42: REDUCTIONS IN FORCE AND RECALLS

ARTICLE 43: HOUSE FUND

ARTICLE 44: MILEAGE REIMBURSEMENT

ARTICLE 45: UNION BULLETIN BOARD

ARTICLE 46: DEFERRED COMPENSATION

ARTICLE 47: PERSONAL PROPERTY

ARTICLE 48: PHYSICAL FITNESS

ARTICLE 49: PARITY SURVEY

ARTICLE 50: LONGEVITY PAY

SIGNATURE PAGE

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CHAPTER I

ADMINISTRATION MATTERS

ARTICLE 1: PREAMBLE AND RECOGNITION

A. This Memorandum of Understanding is entered into by and between the Sacramento

Metropolitan Fire District, hereinafter referred to as the “District,” and the Sacramento

Area Fire Fighters, Local 522, AFL/CIO, hereinafter referred to as the “Union.” It is the purpose of this agreement to achieve and maintain harmonious relations between the

District and the Union in accordance with the provisions of the California Government

Code Section 3500 et. seq. and the District’s resolution pertaining to employer-employee relations.

B. This Memorandum of Understanding shall not be binding on either party until accepted on behalf of the District by motion or resolution of the Board of Directors and signed by the District’s Representative and on behalf of Local 522 by majority vote of the members of the Bargaining Unit, as evidenced by the signature of the Unit Representative on the agreement, and by majority vote of the Executive Board of Local 522, as evidenced by the signature of the Union’s President on this agreement.

C. The agreements contained herein shall pertain only to those employees whose job classifications are included in the Bargaining Unit for which Local 522 had been formally recognized as exclusive representative.

D. It being the intent of the parties that this Memorandum of Understanding set forth all agreements and understandings between the District and the Union pertaining to matters within the scope of representation, all prior agreements and understandings whether formal or informal, written or unwritten, shall be binding upon the parties only to the extent specifically provided for in this Memorandum of Understanding.

E. The District hereby recognizes the Union as the exclusive bargaining unit for those employees occupying the classification titles listed in the schedule of wages contained herein. Excluded from representation by the Union shall be members of any other bargaining units exclusively recognized by the District and non-safety, part-time, temporary, resident, volunteer, management, and confidential employees of the District.

The District agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to represented employees as authorized by law.

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ARTICLE 2: UNION SECURITY

A. It is recognized that all employees in the bargaining unit may or may not join the Union, at the individual’s discretion and that no such employee shall be required to become a member of the Union as a condition of their employment or continued employment by the District.

B. It is further recognized that the Union, as the recognized bargaining representative, provides through the representation process for the improvement of wages, hours and other terms and conditions of employment for all bargaining unit employees, whether

Union members or not. The Union will timely inform the District when employees in the bargaining unit join or leave the Union. The District will thereafter deduct or cease to deduct Union dues as provided by law.

C. The Union shall promptly refund to the District any amounts paid to the Union in error under this Section. The Union expressly agrees to indemnify and hold the District harmless from any and all claims, demands, costs (including any costs incurred by the

District in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the District in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include but not be limited to employee legal actions of any sort or nature against the District based upon or related to this Section. Further, in the event that the District undertakes disciplinary action against an employee pursuant to this Section, this hold harmless and indemnity agreement shall cover all costs and expenses, including any costs incurred by the District in defense of a lawsuit.

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ARTICLE 3: JOINT LABOR-MANAGEMENT COMMITTEE

A. The Union and the District agree to maintain and actively engage in a Labor-

Management Relations Committee.

B. The Committee shall be comprised of a balance of representation from represented employees, which may be from any bargaining unit with employees assigned to the

District, and non-represented employees, which shall include the Fire Chief or his/her designee.

C. The Committee shall be co-chaired by a representative from Labor and a representative from the District Administration.

D. The purpose of the Committee is to deal with matters of general concern to employees and administrators of the District. The Committee may engage in discussion concerning matters of a Collective Bargaining nature. However, any agreement that may change the interpretation or application of this Agreement shall be subject to the ratification processes of the parties.

E. The Committee shall meet on a quarterly basis, at a minimum.

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ARTICLE 4: UNION BUSINESS LEAVE

A. Subject to approval by the Fire Chief or his designees, the Union representative and/or designee shall be granted reasonable paid release time to conduct Union business directly related to the District’s employer/employee relations.

B. During a scheduled meet and confer session, a reasonable number of members of the employee’s negotiating committee may be granted release time from a regularly schedule twenty-four (24) hour shift and up to two (2) employees from day shift, without loss of compensation or other benefits for a reasonable period before and after any scheduled meet and confer session for the purpose of a caucus. Such release time shall include reasonable travel time to and from the employee’s duty location and the scheduled meeting location.

C. The Fire Chief does reserve the right to temporarily postpone or even cancel the session if conditions or circumstances are of a nature that adequate staffing of the District’s emergency services would be adversely curtailed by the release of the affected personnel.

D. The Union Officers and Unit Representatives and/or designee shall be granted leave from duty for Union business, provided that such leave does not reasonably interfere with or disrupt the workings of the District.

F. The District will provide a total of 2000 hours per calendar year for Union Leave for the purpose identified in item D of this Section. In addition to the 2000 hours, the District will provide 1500 hours annually if a Metro Member holds the President spot on the

Executive Board of 522.

F. The District shall provide an opportunity for the current Sacramento Metropolitan Fire

District Union Vice President to work in a Day assignment. Should the Union waive this option, the District shall provide a total of 2000 hours per calendar year for Union Leave for the purpose identified in item D of this Section.

G. Unused hours will roll over into the next calendar year. The maximum accrual will be a cap of 5000 hours.

H. The union may request purchase of additional hours at the appropriate rate of compensation for an employee of like rank. Additionally employees may donate

Vacation leave to the union leave account. Donated hours will reside in an independent account and shall not roll-over from year to year.

I. The Local 522 Vice President will approve the use of Union Business Leave.

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ARTICLE 5: [RESERVED]

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ARTICLE 6: DISTRICT RIGHTS

The District retains all rights to manage, direct, and control its business in all particulars, except as such rights are expressly and specifically modified by the terms of this Agreement or any subsequent amendment. Those rights include, but are not limited to, the following:

A. To determine the merits, necessity, nature, extent or organization of any service or activity conducted, as well as the right to determine and implement its public functions and responsibilities.

B. To direct employees of the District.

C. To hire, promote, transfer and assign qualified employees in positions within the District.

D. To reprimand, demote, suspend or discharge employees for proper cause.

E. To determine the District's budget and number of employees and the methods and technology of performing its work.

F. To take whatever action may be appropriate to carry out its mission in situations of emergency.

G. To contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. It is not the intent to contract out any services currently provided by District employees.

H. To make known to the Union and its members other reasonable rules and regulations the

District may judge appropriate, prior to enforcing said rules and regulations the District will fulfill the requirements set forth under the Meyers-Milias Brown Act (MMBA).

I. To establish and maintain performance programs and standards.

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ARTICLE 7: POLICIES AND PROCEDURES

A. The District Policies and Procedures concerning wages, working hours, terms of employment and/or working conditions shall become part of this Agreement. When any changes are proposed by the District or the Union to any of these policies, provided those changes affect wages, hours, or conditions of employment, the Union and the District shall meet and confer on those changes.

B. Access to copies of the Policies and Procedures shall be made available to each employee, at his/her regular worksite. Additionally, a copy will be provided to the Local via Local 522 email at galvarado@sacramentofirefighters.com, or another designee of

Local 522.

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ARTICLE 8: SEPARABILITY AND ECONOMIC REOPENING

A. If any article or provision of this agreement or any portion thereof or the application of such to any person or circumstance is inconsistent with applicable law or is otherwise held to be invalid by a court of a competent jurisdiction, the remainder of this agreement or the application of such portion to persons or circumstances other than those as to which it is held invalid shall not be affected.

B. If at any time during the term of this Memorandum of Understanding, by reason of government or court action, or other legitimate reason beyond the control of the District, the District’s general fund reserve is depleted to 9.0% or less of the total amount budgeted for general fund (also referred to as Fund 212A) expenditures and transfers out in the budget (Preliminary, Final, or Mid Year) of the Current Fiscal Year in effect at the time the District reserves the right to reopen the Memorandum of Understanding and to meet and confer on economic terms of this Understanding. Should the parties be unable to agree within one hundred and eighty (180) days from the date of their first meeting on the subject, the parties will enact District’s Employer-Employee Relations Resolution.

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ARTICLE 9: TERMS OF AGREEMENT AND MODIFICATIONS

A. The terms and conditions of this Memorandum of Understanding are effective on January

1, 2023 and shall remain in full force and effect through December 31, 2024.

or

1. Until earlier amended, modified, or superseded by a properly executed and accepted Memorandum of Understanding between the parties;

2. In the event of an impasse in negotiations concerning an amendment or modification to the terms and conditions specified herein, by motion or resolution of the Board of Directors of the District.

3. In the event of an emergency, by notice from the Fire Chief or the Fire Chief’s designee, subject to the right of the Union to subsequently meet and confer on the

District’s emergency actions;

4. In the event the Board of Directors approves any plan which calls for consolidation or reorganization with one or more other fire districts, only those articles of this Agreement impacted by the proposed consolidation or reorganization are subject to the meet and confer process upon written notice from the Union or from the District.

B. During the life of this agreement any matter relating to the scope of representation pertaining to represented employees as authorized by law that is addressed in this agreement, may be negotiated by the parties BY MUTUAL AGREEMENT. If such negotiations conclude in an agreement ratified by the parties, the agreement will be added to this agreement for its duration. If such negotiations do not result in an agreement, this issue will remain unchanged.

C. Re-openers

The District and the Union shall meet and confer over changes in the Federal Laws governing health care benefits subject to written mutual agreement.

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CHAPTER II

COMPENSATION

ARTICLE 10: WAGES

The pay policy is for the represented personnel in the following classifications of:

Firefighter

Fire Engineer

Fire Captain

Fire Inspector I

Fire Inspector II

Supervising Inspector

Deputy Fire Marshal

Fire Investigator I

Fire Investigator II

Supervising Investigator

Public Education Technician

Community Relations Specialist

Community Relations Coordinator

Geographic Information Specialist

Geographic Information Data Analyst

Shop Assistant

Parts Buyer

Fire Mechanic

Master Mechanic

All listed individuals will fall within the proposed compensation increase as agreed upon by both the District and the Union.

Base Wage Adjustments – January 1, 2023 through December 31, 2024:

Effective the first full pay period in January, 2023, the District will delete Step 1 and Step 2 from the Firefighter Job Classification Wage Scale and remaining Steps 3 through 7 will be retitled

Steps 1 through 5.

Effective the first full pay period in January, 2023, base wages for all represented job classifications will increase by 5.0%.

The monthly wage scale below includes the base wage increase.

Effective January 1, 2024, Local 522 members will receive a base wage increase of 3.0% plus an equity adjustment based on the percentage of change in net taxable value of property in the

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District based on the Sacramento County Assessor FY 2023/24 Combined Tax Rolls compared to the FY 2022/23 Combined Tax Rolls. The amount of the January 1, 2024 equity adjustment will be governed by the following chart:

FY 2023/24 Net Taxable Value Increase 2024 Equity Adjustment

3.4% or less 0%

3.5% to 4.4% 1.0%

4.5% to 5.4% 2.0%

5.5% or more 3.0%

A. Represented personnel shall be compensated at the following monthly wage rates, or base hourly equivalent in accordance with the provisions of this Agreement and Fair Labor

Standards Act, as amended. The base hourly equivalent is calculated by dividing the monthly rate by one twelfth (1/12) of 2,920 for suppression employees and one twelfth

(1/12) of 2,080 for day employees.

Effective the first full pay period in January 2023

Step 1 Step 2 Step 3 Step 4 Step 5

Firefighter 7,175.53 7,529.99 7,902.77 8,293.85 8,704.56

Fire Engineer 7,932.87 8,325.25 8,737.26 9,170.20 9,624.08

Fire Captain 8,878.53 9,317.99 9,779.70 10,263.66 10,772.48

Fire Inspector I 5,885.87 6,174.95 6,479.71 6,798.84 7,133.69

Fire Inspector II 7,936.77 8,329.19 8,741.19 9,174.12 9,627.99

Supervising

Inspector

8,882.44 9,321.91 9,783.63 10,267.58 10,776.39

Deputy Fire

Marshal

10,567.11 11,090.30 11,639.66 12,216.47 12,822.05

Fire Investigator I 5,881.95 6,171.02 6,475.77 6,794.91 7,129.76

Fire Investigator II 7,932.87 8,325.25 8,737.26 9,170.20 9,624.08

Supervising

Investigator

8,878.53 9,317.99 9,779.70 10,263.66 10,772.48

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Public Education

Technician

5,229.29 5,485.63

5,755.08 6,038.91 6,335.82

Community

Relations Specialist

5,740.69 6,023.21 6,320.12 6,631.41

6,958.42

Community

Relations

Coordinator

6,273.04 6,581.72 6,906.10 7,247.27 7,605.50

Geographic

Information Data

Analyst

7,838.69 8,227.16 8,635.22 9,064.24 9,514.21

Geographic

Information

Specialist

5,821.79 6,108.22 6,409.05 6,724.48 7,056.50

Shop Assistant 4,041.64 4,239.13 4,447.13 4,665.53 4,894.44

Parts Buyer 5,836.16 6,123.93 6,426.07 6,742.61

7,074.83

Fire Mechanic 7,242.23 7,599.31 7,974.69 8,368.43 8,781.74

Master Mechanic 8,055.81 8,453.42 8,871.99 9,311.44 9,771.86

B. Step progressions will be annually.

1. Upon promotion, personnel shall receive a minimum of five percent (5%) salary increase, inclusive of all incentive pay. If the employee is promoted within sixty

(60) days prior to the employee’s anniversary date, the employee will be advanced to the next step, if appropriate, within current salary range, then be promoted to the next rank. All step progressions for promotional positions will be annually from date of promotion.

2. Promotion from one job classification to another shall be contingent upon the existence of a vacancy, satisfactory demonstration of qualifications in a manner to be specified by the District and appointment by the Fire Chief. Persons promoted to a higher paying job classification shall start at the salary step of the new salary range which provides a minimum of five percent (5%) more than their previous base pay.

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ARTICLE 11: INCENTIVES AND ALLOWANCES

A. Education Incentives

For an individual to earn the total allowable educational incentive, the individual must have registered, earned and obtained it through a nationally recognized institution of education that falls into the following agency:

1. United Sates Department of Education http://ope.ed.gov/accreditation/

The same language is applicable for those who submit for an incentive that is

“commensurate” with the knowledge and abilities of the job position held. The degree must have been obtained through a nationally recognized institution of education.

The submittals must include a sealed official transcript from the accrediting college. Each submittal will be reviewed on a case by case basis.

a. Employees who possess an approved State Fire Marshal Certification or equivalent

(such as, but not limited to IFSAC, PRO-BOARD, OES, SCTI, DOD, DOT, CFAI, NWGG & NFA) in certificate programs less than eighty (80) hours shall receive an additional one-half of one percent (.5%) of base pay. Employees who have completed all other certificate programs of eighty (80) hours or more shall receive one percent (1%) of base pay. FF1 and FF2 certifications are excluded from the

State Fire Marshal Certification Incentive.

b. Fleet Maintenance employees who complete the requisite course work to be certified as a California Fire Mechanics Association/Emergency Vehicle

Technician (EVT) Program Fire Mechanic shall receive an additional one percent

(1%) base pay.

c. In addition, Fleet Maintenance employees who complete the requisite course work to be certified as a California Fire Mechanics Association/EVT Program Fire

Mechanic II shall receive an additional one percent (1%) of base pay.

d. Also, Fleet Maintenance employees who complete the requisite course work to be certified as a California Fire Mechanics Association/EVT Program Fire Mechanic

III shall receive an additional one percent (1%) of base bay.

e. Fleet Maintenance employees who complete ASE certificates, other than those required to obtain the California Fire Mechanics Association/EVT Program Fire

Mechanic I, II and III shall receive one-half of one percent (.5%) of base pay.

f. Employees who possess a certificate in Fire Science or Fire Technology from a

Community College shall receive three percent (3%) of base pay.

g. Employees who possess one or more Associate Degrees shall receive a total of three and one-half percent (3.5%) of base pay for the degree(s). Multiple degrees will not result in more than 3.5%.

h. All above certificates and degrees, a through g, shall not exceed six and one-half percent (6.5%).

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i. Employees who possess an Associate Degree in Fire Science shall receive six and one-half percent (6.5%) of base pay.

j. Employees who possess a Bachelor of Arts Degree, Bachelor of Science Degree or

Bachelor of Vocation Degree from an accredited college or university shall receive seven and one-half percent (7.5%) of base pay. Employees who possess a Bachelor

Degree in Fire Science shall receive ten and one-half percent (10.5%) of base pay.

Suppression personnel who have obtained BA/BS degree in any field other than Fire

Science and have obtained a Fire Science Certificate shall receive ten and one-half percent (10.5%) of base pay.

Non-suppression employees who possess a Bachelor’s Degree shall receive ten and one-half percent (10.5%) of base pay.

B. Allowances

Employees assigned to the following special duty or who possess the following certifications shall have their base compensation supplemented by the amount shown:

a. All employees who possess a current EMT-1 card will receive five percent (5%) of base pay.

b. Paramedic Incentive:

i. Firefighter’s paramedic incentive will calculate at 9.30% of base pay.

ii. Engineer’s paramedic incentive will calculate at 7.9% of base pay.

iii. Captain’s paramedic incentive will calculate at 6.5% of base pay.

c. Vehicle maintenance personnel and Fire Prevention Personnel assigned to be on stand-by shall be paid four hundred dollars ($400.00) per week or the daily pro-rate in addition to regular compensation and twelve (12) hours of PTO credit for duty on New Year’s Day, 4th of July, Thanksgiving Day, and Christmas Day. The normal deduction of eight (8) hours PTO for holidays shall not apply. Stand-by pay will be added to the overtime compensation regular rate of pay calculation.

d. Employees in the classifications of Master Mechanic, and Fire Mechanic shall have their base compensation supplemented by one hundred fifty dollars ($150.00) per month tool allowance.

e. Paramedics performing Field Training Officer (FTO) duties shall be compensated an additional Two Dollars ($2.00) per hour for each hour training a Paramedic candidate.

f. Fire Staff Premium:

i. Each 24 hour shift unit member assigned to a day assignment position for at least thirty (30) consecutive days shall receive a Fire Staff Premium equal to fifteen percent (15%) of their base monthly compensation; they will be entitled to work call-backs on regularly scheduled days off and partial call-backs (i.e., after 5:00 p.m. and before 8:00 a.m.) unless a need arises to change this practice, as determined by the Chief. The change may only occur after consultation with

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The hourly rate of pay for day assignments will be adjusted based upon the 2080 hour work year. All overtime worked for day assignments will be compensated at the adjusted rate. Call back for suppression shifts while assigned to days shall be compensated at the suppression hourly rate of pay, which is based upon a

2920-hour work year.

C. IGT Allowances

In November of each calendar year, the District and Local 522 agree to meet regarding unanticipated revenues from the Medicare reimbursement cost recovery programs for purposes of providing Local 522 members additional compensation. If the actual total revenue from the combination of all Medicare reimbursement cost recovery programs, exceeds the 2022/2023 final budgeted Medicare reimbursement cost recovery revenue, which shall be no less than $1,500,000, the District will allocate a one-time lump sum non-persable allowance to every Local 522 member in good standing and holding a current IAFF Behavioral Health Awareness certification. Allowances will be paid to members in accordance with the following thresholds:

1. For increases in Medicare reimbursements between $1,500,000 - $2,499,999:

a. Firefighters, EMTs and Paramedics - $1500

b. All other 522 members - $1000

2. For increases in Medicare reimbursements between $2,500,000 - $2,999,999:

a. Firefighters, EMTs and Paramedics - $3000

b. All other 522 members - $2000

3. For increases in Medicare reimbursements over $3,000,000:

a. Firefighters, EMTs and Paramedics - $4500

b. All other 522 members - $3000

In November of each calendar year the District and Local 522 agree to meet regarding unanticipated revenues from the Medicare reimbursement cost recovery programs for purposes of funding a mental health clinician. If the actual total revenue from the combination of all Medicare reimbursement cost recovery programs, exceeds the

2022/2023 final budgeted Medicare reimbursement cost recovery revenue, which shall be no less than $1,500,000, the District will allocate $300,000, to be paid to Local 522, for care and treatment of all Local 522 members and their families. Expenditures of these

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For purposes of this Section, Medicare reimbursement cost recovery programs include, but are not limited to, GEMT CPE, GEMT QAF, PPGEMT, and VRRP IGT.

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ARTICLE 12: SPECIAL OPS

The Hazardous Materials Team, Rescue Team, Heavy Fire Equipment (Dozer) Team, Air

Operations, TEMS and Boat are all Special Operations functions. Special Ops Incentives are based on operational qualifications and shall be separate from Article 11, Incentives and

Allowances.

Notwithstanding the number of special operations teams for which the Metro Fire employee is qualified, no Metro Fire employee may be compensated more than 7.0% in total special operations incentive pay. In determining the 7.0% cap, incentive payments will be calculated in the following order. The incentive that would put an employee over the 7.0% cap will be reduced to an amount to achieve 7.0% total and any other subsequent incentives in order will not be compensated. For example, a qualified employee may receive the full HazMat incentive, but only 1.5% of the Rescue Team incentive, and no other incentive payments (5.5% + 1.5%). Refer to below table for hierarchy of incentives in Article 12.

Special Operations

Function

Incentive

Hierarchy

Incentive

Percent up to

CalPERS Special

Compensation

HazMat Team 1 5.5 Hazard Premium

Rescue Team 2 3.5 Hazard Premium

TEMS 3 1.5 Hazard Premium

Dozer Team 4 1.5 Heavy/Special Equipment

Operator

Boat Team 5 1 Heavy/Special Equipment

Operator

Air Operations Team 6 1.5 Flight Time Premium

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1. HAZ MAT PROGRAM

A. The District retains the right of selection for personnel to be trained for HazMat (HM) certification subject to selection criteria of business necessity, seniority, and those that volunteer for the program.

In accordance with Section C all shift assigned HM Specialist certificate holders shall receive the five and one-half percent (5.5%) incentive regardless of their apparatus assignment; in consideration of the foregoing the District retains the right to assign said certificate holders.

The District retains the right to remove participants based upon performance deficiencies and/or medical restrictions.

B. Initial Application

Personnel contemplating obtaining HM certification on their own should consult with the

HM Program Manager regarding the District’s need for increasing the program’s participants prior to obtaining the training.

When first applying to join the Hazardous Materials Response Team, placement on the

HM Trained Non-Team Member (HMT-NTM) waitlist shall be determined by the date of proof of completion of HM Specialist training was submitted to the HM Program

Manager in email format. Proof of completion of HM Specialist training shall be evidenced by certificates of letters of completion. In the event two or more applicants have the same application date, seniority in rank will serve as the tiebreaker. A five (5) business day waiting period will be observed to allow members attending the same course to submit evidence of completion.

In the event of a probationary employee with pre-existing completion of HM Specialist training the member shall be assigned an application date reflecting the date on which proof of completion of HM Specialist training was submitted in email format to the HM

Program Manager following successful completion of the probationary period.

C. Staffing

The number of HM Team Members shall, as reasonably as possible, be maintained at one hundred and ten (110) persons assigned to shift, with a maximum of thirty-two (32)

Captains, thirty-two (32) Engineers, and forty-six (46) Firefighters.

It is the District’s intent to have equal-numbers of HM certified personnel across the three

(3) shifts for ease of assignment and backfill.

1. The three (3) shifts will be maintained at a minimum of eight (8) Captains, eight (8)

Engineers, and twelve (12) Firefighters. Current imbalances will be addressed through attrition.

2. HM Team Members shall not bid from their respective shift and maintain their status

-22-and incentive if it creates an imbalance in HM Team Members between shifts.

3. If a particular shift is at its minimum number of HM Team Members in their respective rank and a HM Team Member seeks to change shifts, their options are:

a. Trade with a like qualified incentivized member; OR

b. Submit a cross-shift bid for a vacant full time incentive existing on the desired shift; OR

c. Resign from the team in accordance with Article 12, Section I.

Three (3) rosters shall be developed and maintained by the HM Program Manager: HM

Team Members (HMTM); Non-Active HM Team Members (NA-HMTM), and HM

Trained Non-Team Members (HMT-NTM). These rosters shall be placed in the

P:/_Public/Haz-Mat folder in a read-only format.

a. Personnel from all three rosters will be offered training opportunities to maintain their mandated currency and proficiency.

b. HM Team Members and Non-Active HM Team Members shall be medically monitored at the District’s expense.

c. Non-Active HM Team Members current in their training hours, medical exam, and skills refresher/demonstration of competency will be granted the prorated incentive for the duration of the shift when temporarily filling a HMRT vacancy.

d. Non-Active HM Team Members working in day shift capacity whose job description and/or assigned responsibilities include hazardous materials will be eligible to receive the five and one-half (5.5%) incentive. The Non-Active HM

Team Members with potential justification should file a request for incentive in letter form with the Deputy Chief of Operations via the chain-of-command. Non-

Active HM Team Members receiving this incentive will be over and above the

HM Team Members assigned to shift and receiving the incentive.

The District intends to maintain a full complement of certified personnel at the HazMat

Station to affect a Level “A” entry and decontamination activities. That compliment is seven (7). To staff the HM apparatus the District will utilize the following procedure:

a. For the full complement of seven (7) HM Specialists the District shall utilize the

Hierarchy for Filling Vacancies as detailed in the Staffing Manual. If the vacancy cannot be filled from the HMTM roster, a member(s) from the NA-HMTM roster may fill the vacancy at the direction of the Shift Commander.

b. If the full complement cannot be achieved after utilizing the above process, then the District will drop the hazardous materials service level from both the HazMat

Engine and HazMat Truck to just the HazMat Truck.

c. Vacant, unbid positions at on the HazMat Truck and/or HazMat Engine will be filled pursuant to Article 12, Section D.

d. Temporary vacancies (due to injury, day assignment, leave of absence, etc.) at on the HazMat Truck and/or HazMat Engine in excess of 90 days shall be considered long term.

e. After 90 days, the HM Team Member with lowest seniority in that respective

-23-rank and on that particular shift, shall be temporarily moved to fill the position until:

i. The member owning the position returns; or

ii. Another HM Team Member bids the position conditionally; or

iii. A HM Team Member on the same shift with less seniority in the same rank is available to fill the position.

D. Bidding

Upon joining the team, there shall be a three (3) year commitment of certification to the program. If, during the three (3) year bid or subsequent cross shifts or trickles, position(s) on the HazMat Truck and/or HazMat Engine are left unbid, the least senior HM Team

Member(s) in their respective rank receiving an incentive will be assigned the unbid position(s) on their current shift. A member who is assigned an unbid position on the

HazMat Truck and/or HazMat Engine will hold no other bid.

HM Team Members assigned to the HazMat Truck and/or HazMat Engine can only bid out of their position in a trickle bid if another member bids in during the process or an incentivized HM Team Member with less seniority in rank is on their shift. Cross shift bids are allowed pursuant to Article 12, Section C.

Example: Firefighter A was assigned to the HazMat Engine on C-Shift during the 3-year bid. Firefighter B (who has less seniority in rank) is offered and accepts a full-time incentive on C-Shift. Firefighter A vacates the position at on the HazMat Truck and/or

HazMat Engine during trickle bids, Firefighter B is assigned to the vacant position (if it is not bid by another HM Team Member) and forfeits any previously held position.

E. Filling Team Vacancies

Vacancies on the team shall be filled first by available fully qualified members in that rank according to Article 12, Section B. Members must be fully qualified at the time of offering.

A “fully qualified” member is defined as one who has submitted evidence of successful completion of all HM Technician and Specialist training; AND successfully completed an annual skills refresher or demonstration of competency within the past 12 months, as documented in Vector Solutions; AND has completed of a minimum of 24 hours HM

Specialist-level refresher training during the prior calendar year, as documented in Vector

Solutions; AND has completed a HM medical examination within the last 12 months, as recorded in Vector Solutions. Allowances may be considered by the Program Manager in the event of extenuating circumstances.

In the event of promotion of a HM Team Member and no vacancy exists in the newly acquired rank, the member will be assigned Non-Active HM Team Member status, placed on the Non-Active HM Team Member roster in their new rank in order of HM team seniority, and their incentive discontinued.

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As Non-Active HM Team Members and HM Trained Non-Team Members are offered full-time incentives according to their individual HM team seniority or application date

(in accordance with Article 12, Section B), their options are:

1. Accept the incentive and assignment to the specific shift offered; OR

2. Refuse the position. The member’s HM team seniority date will be forfeited and they will be moved to the HM Trained Non-Team Member roster and assigned an application date reflecting the date of refusal of the full time position. If the member is already on the HM Trained Non-Team Member roster, a new application date will be assigned reflecting the date of refusal of the full time position.

F. Conditional Incentives

In the event of a HM Team Member vacancy due to promotion, retirement, resignation, suspension, or termination, a conditional incentive will be offered to a fully qualified member in the same rank according to Article 12 Section B. The conditional offer shall only be shift specific if the vacancy on that shift drops the team below the identified minimum staffing levels outlined in section C. The duration of the conditional incentive shall be until the next cross shift bid, at which time the vacant full-time incentive will be offered in accordance with Article 12, Section E and the conditional incentive discontinued. This process facilitates current HM Team Member movement during the cross shift bid.

At the time of offering, if a member chooses to pass on a conditional incentive, they shall maintain their HM team seniority, maintain their place on the Non-Active HM Team

Member roster, and the conditional incentive shall be offered to the next member on the

Non-Active HM Team Member roster in order of HM team seniority. Members on the

HM Trained, Non-Team Member roster who are offered a conditional incentive will not be assigned a HM team seniority date (HM team seniority is only assigned to members who are offered and accept a full-time incentive).

When a conditional incentive is discontinued, the least senior member receiving a conditional incentive with the lowest HM team seniority in that respective rank and on the same shift will return to the Non-Active HM Team Member roster in order of HM team seniority.

G. Day Assignments

The offering of a conditional incentive due to a day assignment shall be in accordance with Article 12, Section F. In order to fill the vacancy created by the member assigned to the day position, the conditional offer shall only be shift specific if the vacancy on that shift drops the team below the identified minimum staffing levels outlined in section C.

The conditional offer shall be shift specific in order to fill the vacancy created by the member assigned the day position.

Example: Captain on C-Shift takes a day position as HM Program Manager. This move drops the team below 32 Captains. The next Captain from the Non-Active HM Team Member roster

-25-shall be offered a conditional incentive. This will only be shift specific if the vacancy on that shift drops the team below the identified minimum staffing levels outlined in section C.

H. Non-Compliance with Requirements

It is the responsibility of the program participants to maintain competency in accordance with local, state, and federal regulations to keep their certification in good standing and ability to demonstrate proficiency.

If a HM Team Member fails to successfully complete their twenty-four (24) hours of mandated training or annual refresher or demonstration of competency by the end of the calendar year; or HM medical exam within the previous 12 months, their incentive will be suspended for 30 days. If, after the 30 days, they have not completed their annual requirements, they will be moved to the Non-Active HM Team Member roster in order of

HM team seniority and their HM incentive revoked. HM Team Member vacancies created during the 30-day incentive suspension shall be filled in accordance with Article

12, Section F. Beyond the 30-day incentive suspension, any team vacancy caused by a lack of training hours, skills refresher or demonstration of proficiency, or HM medical exam shall be filled in accordance with Article 12, Sections E. Allowances may be considered by the Program Manager in the event of extenuating circumstances.

I. Resignation

Team members may submit requests for resignation from the program for consideration by both the Program Manager and Special Operations Battalion Chief.

1. The team member has met the 3 year team commitment as outlined in Section D.

2. In the event of a member’s resignation (drop) from the team (from either the HM Team

Member or Non-Active HM Team Member roster), the member will be moved to the

HM Trained Non-Team Member roster and a new application date shall be assigned, reflecting the date of resignation.

3. The request will become effective immediately or as quickly as possible in order to facilitate communication and coordination within the organization.

J. Required Annual Training

Yearly training, skills and proficiency requirements will consist of quarterly drills and or digital skills sheets. Each member is responsible for attending drills or scheduling a make-up session. If a drill session is missed, the member has until the end of that calendar year to complete the required drill. Members may choose to complete skill sheets that will be tracked by a digital task book in place of attending the quarterly drills.

Confined Space is the only annual drill that must be completed in person and not completed by a skill sheet. Skill sheets will correspond with disciplines identified in each quarterly drill. All team members irrespective of rank will complete the same quarterly drills and or skill sheets. Quarterly drills and skill sheets will be at the recommendation of the Rescue Program Manager and agreed on with labor and management.

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2. .RESCUE PROGRAM

A Rescue Team shall be established of up to one hundred and ten (110) qualified employees with thirty-two (32) Fire Captains, thirty-two (32) Fire Engineers and forty-six

(46) Firefighters. A Rescue Team Member’s incentive will calculate at three and one-half percent (3.5%) of base pay.

A. Administration

The District retains the right of selection for personnel to be trained for Rescue (RQ) certification subject to selection criteria of business necessity, seniority, and those that volunteer for the program.

In accordance with Section C all RQ certificate holders shall receive the three and one-half percent (3.5%) incentive regardless of their apparatus assignment; in consideration of the foregoing the District retains the right to assign said certificate holders.

The District retains the right to remove participants based upon performance deficiencies and/or medical restrictions.

B. Initial Application

Personnel contemplating obtaining RQ certification on their own should consult with the

RQ Program Manager regarding the District’s need for increasing the program’s participants prior to obtaining the training.

When first applying to join the Rescue Team, placement on the RQ Trained Non-Team

Member (RQT-NTM) waitlist shall be determined by the date of proof of completion of

RQ training was submitted to the RQ Program Manager in email format. Proof of completion of RQ training shall be evidenced by certificates of letters of completion. In the event two or more applicants have the same application date, seniority in rank will serve as the tiebreaker. A five (5) business day waiting period will be observed to allow members attending the same course to submit evidence of completion.

In the event of a probationary employee with pre-existing completion of RQ training, the member shall be assigned an application date reflecting the date on which proof of completion of RQ training was submitted in email format to the HM Program Manager following successful completion of the probationary period.

C. Staffing

The number of RQ Team Members shall, as reasonably as possible, be maintained at one hundred and ten (110) persons assigned to shift, with a maximum of thirty-two (32)

Captains, thirty-two (32) Engineers, and forty-six (46) Firefighters.

It is the District’s intent to have equal-numbers of RQ certified personnel across the three

(3) shifts for ease of assignment and backfill.

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1. The three (3) shifts will be maintained at a minimum of eight (8) Captains, eight (8)

Engineers, and twelve (12) Firefighters. Current imbalances will be addressed through attrition.

2. RQ Team Members shall not bid from their respective shift and maintain their status and incentive if it creates an imbalance in RQ Team Members between shifts.

3. If a particular shift is at its minimum number of RQ Team Members in their respective rank and a RQ Team Member seeks to change shifts, their options are:

a. Trade with a like qualified incentivized member; OR

b. Submit a cross-shift bid for a vacant full time incentive existing on the desired shift; OR

c. Resign from the team in accordance with Article 12, Section I.

Three (3) rosters shall be developed and maintained by the RQ Program Manager: RQ

Team Members (RQTM); Non-Active RQ Team Members (NA-RQTM), and RQ

Trained Non-Team Members (RQT-NTM). These rosters shall be placed in the

P:/_Public/Rescue folder in a read-only format.

a. Personnel from all three rosters will be offered training opportunities to maintain their mandated currency and proficiency.

b. Non-Active RQ Team Members current in their training hours and or skills refresher/demonstration of competency will be granted the prorated incentive for the duration of the shift when temporarily filling a RQT vacancy.

The District intends to maintain a full complement of certified personnel at the Rescue station to affect Technical Rescue and rapid intervention for downed firefighters. That compliment is seven (7). To staff the Rescue apparatus the District will utilize the following procedure:

a. For the full complement of seven (7) RQ personnel the District shall utilize the

Hierarchy for Filling Vacancies as detailed in the Staffing Manual. If the vacancy cannot be filled from the RQTM roster, a member(s) from the NA-RQTM roster may fill the vacancy at the direction of the Shift Commander.

b. If the full complement cannot be achieved after utilizing the above process, then the District will drop the Rescue service level from both the Rescue (Engine) and the Rescue (Truck) to just the Rescue (Truck).

c. Vacant, unbid positions at the Rescue (Truck) and/or Rescue (Engine) will be filled pursuant to Article 12, Section 2, Paragraph D.

d. Temporary vacancies (due to injury, day assignment, leave of absence, etc.) at

Rescue (Truck) and/or Rescue (Engine) in excess of 90 days shall be considered long term.

e. After 90 days, the RQ Team Member with lowest seniority in that respective rank and on that particular shift, shall be temporarily moved to fill the position until:

i. The member owning the position returns; or

ii. Another RQ Team Member bids the position conditionally; or

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iii. A RQ Team Member on the same shift with less seniority in the same rank is available to fill the position.

D. Bidding

Upon joining the team, there shall be a three (3) year commitment of certification to the program. If, during the three (3) year bid, position(s) at the Rescue (Truck) and/or the

Rescue (Engine) are left unbid, the least senior RQ Team Member(s) in their respective rank receiving an incentive will be assigned the unbid position(s) on their current shift. A member who is assigned an unbid position at the Rescue (Truck) and/or the Rescue

(Engine) will hold no other bid.

RQ Team Members assigned to the Rescue (Truck) and/or the Rescue (Engine) can only bid out of their position in a trickle bid if another member bids in during the process or an incentivized Rescue Team Member with less seniority in rank is on their shift. Cross shift bids are allowed pursuant to Article 12, Section 2, Paragraph C.

Example: Firefighter A was assigned the Rescue (Engine) on C-Shift during the 3-year bid. Firefighter B (who has less seniority in rank) is offered and accepts a full-time incentive on C-Shift. Firefighter A vacates the position at the Rescue (Engine) during trickle bids, Firefighter B is assigned to the vacant position (if it is not bid by another RQ

Team Member) and forfeits any previously held position.

E. Filling Team Vacancies

Vacancies on the team shall be filled first by available fully qualified members in that rank according to Article 12, Section 2, Paragraph B. Members must be fully qualified at the time of offering.

A “fully qualified” member is defined as one who has submitted evidence of successful completion of all RQ training; Low Angle Rope Rescue Operations or (RS1cert dated prior to LARRO implementation [2009]), Rope Rescue Technician, Rescue Systems 1 or

Structural Collapse 1, Rescue Systems 2 or Structural Collapse 2, River and Flood

Rescue Operations, Trench Rescue Operations, Confined Space Rescue Operations AND successfully completed the required quarterly drills or demonstration of competency within the past 12 months through the identified skills sheets by the RQ program manager. Allowances may be considered by the Program Manager in the event of extenuating circumstances.

In the event of promotion of a RQ Team Member, the member will be assigned Non-

Active RQ Team Member status, placed on the Non-Active RQ Team Member roster in their new rank in order of RQ team seniority, and their incentive discontinued.

As Non-Active RQ Team Members and RQ Trained Non-Team Members are offered full-time incentives according to their individual RQ team seniority or application date

(in accordance with Article 12, Section 2, Paragraph B), their options are:

1. Accept the incentive and assignment to the specific shift…