Res 17-063RESOLUTION NO. 17-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE EXECUTION
OF A TWO-YEAR MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF POWAY AND THE POWAY
FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF
JULY 1, 2017 THROUGH JUNE 30, 2019 AND
APPROVING THE FISCAL YEAR 2017-18 AND FISCAL
YEAR 2018-19 SALARY SCHEDULES FOR
CLASSIFICATIONS WITHIN THE SAFETY EMPLOYEES
BARGAINING GROUP
WHEREAS, the City of Poway, through its management representatives, has met
and conferred in good faith with the Poway Firefighters' Association (PFA);
WHEREAS, the representatives of the City and PFA each have exchanged freely
information, opinions and proposals on matters regarding wages, hours and other terms
and conditions of employment for employees in the PFA Bargaining Group;
WHEREAS, the City and PFA representatives have agreed on the term of a new
Memorandum of Understanding to be July 1, 2017 through June 30, 2019;
WHEREAS, the City and PFA representatives have agreed upon salary
increases reflected in the Salary Schedules for Classifications within the Safety
Employees Bargaining Group incorporated into the Memorandum of Understanding,
with the first salary increase of 3.5% effective retroactive to June 19, 2017 and a 2%
salary increase effective the beginning of the pay period that includes July 1, 2018;
WHEREAS, the City Council of the City of Poway wishes to adopt said Salary
Schedules;
WHEREAS, the City and PFA representatives have agreed upon all other terms
as contained in the attached Memorandum of Understanding to this Resolution, and
WHEREAS, the PFA voted to approve the terms included in the Memorandum of
Understanding for the period of July 1, 2017 through June 30, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: That the Memorandum of Understanding attached hereto as Exhibit
"A", be approved and executed effective July 1, 2017.
Resolution No. 17-063
Page 2
Section 2: That the Salary Schedules for Classifications within the Safety
Employees Bargaining Group will be incorporated into the Memorandum of
Understanding and are attached hereto as Exhibit "B", are hereby adopted.
Section 3: That the City Manager is hereby directed and authorized to implement
all provisions of the approved Memorandum of Understanding.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 19th day of September 2017.
Steve Vaus, Mayor
ATTEST:
Nhn*90'uf (d, CMC, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 17-063 was duly adopted by
the City Council at a meeting of said City Council held on the 19th day of September
2017, and that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
N6ngleufel , C C, City Clerk
City of Poway
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF POWAY
AN D
POWAY FIREFIGHTERS’ ASSOCIATION
Effective July 1, 2017 – June 30, 2019
Resolution No. 17-063
Page 3Exhibit A
ARTICLE 1. GENERAL .......................................................................................................................... 1
Section 1. Purpose ................................................................................................................................................... 1
Section 2. Scope ....................................................................................................................................................... 1
Section 3. General Provisions .................................................................................................................................. 1
ARTICLE 2. SEVERABILITY AND SAVINGS ................................................................................... 4
ARTICLE 3. SYMPATHY ACTION ..................................................................................................... 4
ARTICLE 4. DURATION OF AGREEMENT ...................................................................................... 4
ARTICLE 5. WAGES .............................................................................................................................. 4
ARTICLE 6. LEAVES ............................................................................................................................. 5
Section 1. Vacation ................................................................................................................................................... 5
Section 2. Sick Leave ................................................................................................................................................. 7
Section 3. Holidays .................................................................................................................................................... 9
Section 4. Bereavement Leave ................................................................................................................................. 9
Section 5. Shift Trade .............................................................................................................................................. 10
ARTICLE 7. PAYROLL AND WORKWEEK .................................................................................... 10
Section 1. General ................................................................................................................................................... 10
Section 2. Overtime ................................................................................................................................................. 11
Section 3. Dues Deduction ...................................................................................................................................... 11
Section 4. Compensatory Time Off (CTO) ............................................................................................................... 12
Section 5. Call-Back Time ........................................................................................................................................ 12
ARTICLE 8. BENEFITS ....................................................................................................................... 12
Section 1. Health ..................................................................................................................................................... 12
Section 2. Eye Care ................................................................................................................................................. 13
Section 3. Life Insurance ......................................................................................................................................... 13
Section 4. Long Term Disability Income Insurance ................................................................................................. 13
Section 5. Flexible Spending Benefits Program ...................................................................................................... 13
Section 6. Deferred Compensation ......................................................................................................................... 13
Section 7. Retirement Health Savings Plan ............................................................................................................. 14
Section 8. Computer Loan Program (Employee Computer Purchase Program) ..................................................... 15
TABLE OF CONTENTS
Resolution No. 17-063
Page 4
ARTICLE 9. SPECIAL PAY ................................................................................................................. 15
Section 1. Tuition Reimbursement ......................................................................................................................... 15
Section 2. Uniforms and Equipment ....................................................................................................................... 15
Section 3. Acting Pay ............................................................................................................................................... 16
Section 4. Travel Expenses. ..................................................................................................................................... 17
Section 5. Paramedic License Recertification. ........................................................................................................ 17
ARTICLE 10. SERVICE ........................................................................................................................ 17
Section 1. Probation ............................................................................................................................................... 17
Section 2. Prohibition of Tobacco Use .................................................................................................................... 17
Section 3. Safety ..................................................................................................................................................... 18
Section 4. Meal and Rest Periods ........................................................................................................................... 18
Section 5. Transfers ................................................................................................................................................ 18
Section 6. Layoff and Abolishment of Positions ..................................................................................................... 18
Section 7. Driving Eligibility ..................................................................................................................................... 19
Section 8. Licenses and Certificates ........................................................................................................................ 19
Section 9. Direct Deposit ........................................................................................................................................ 19
Section 10. Resignations .......................................................................................................................................... 19
Section 11. Training and Seminars ........................................................................................................................... 19
Section 12. Bid System ............................................................................................................................................. 20
ARTICLE 11. GRIEVANCE PROCEDURE ....................................................................................... 20
ARTICLE 12. RETIREMENT AND SOCIAL SECURITY ............................................................... 20
ARTICLE 13. MAINTENANCE OF BENEFITS ............................................................................... 22
ARTICLE 14. JOB ACTIONS .............................................................................................................. 22
ARTICLE 15. AMERICANS WITH DISABILITY ACT ................................................................... 22
ARTICLE 16. PERSONNEL RULES .................................................................................................. 22
ARTICLE 17. POSTING OF AGREEMENT ..................................................................................... 22
SIGNATURE PAGE…………………………...……………………………...….…….………………………………23
APPENDIX A: SALARY SCHEDULES………………………………...….…….………………………………24
CITY OF POWAY IMPLEMENTATION RESOLUTIONS………...….…….….…………………………26
Resolution No. 17-063
Page 5
MEMORANDUM OF UNDERSTANDING
This is a memorandum of understanding as provided for in the California Government
Code, Sections 3500 through 3510, which is also known as the Meyers-Millias-Brown Act.
This memorandum is hereinafter referred to as the Agreement, between the City of
Poway, hereinafter referred to as the City, and the Poway Firefighters’ Association,
hereinafter referred to as the Association or Bargaining Unit.
This Agreement shall become effective when ratified by the Association and adopted by
the City Council of the City of Poway.
ARTICLE 1. General
Section 1. Purpose
This Agreement recognizes the Association as the majority representative of the safety
unit, which consists of Fire Captain/Paramedic, Fire Engineer/Paramedic, and
Firefighter/Paramedic, and represents the unit for matters within the scope of meet and
confer.
Section 2. Scope
Meet and confer is limited to wages, hours and other terms and conditions of employment,
and shall not include any items not covered by this Agreement or adopted by reference
in this Agreement or any subject preempted by Federal or State law.
Section 3. General Provisions
A.City Employer-Employee Relations Resolution
The Association herein adopts by reference the City Employer-Employee Relations
Resolution in its present form. The City agrees to meet and consult with the
Association regarding the impact on its members of proposed amendments.
B.Construction
The rights, powers and authority of the City in all matters shall not be modified or
restricted by this Agreement. In interpreting the language of this Agreement, first
the plain meaning of the language shall prevail. If the parties cannot agree on the
plain meaning of the language, then the intent of the parties shall be considered;
then the trade or industry usage of the language shall be considered.
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Page 6
C.City Rights
The rights of the City include, but are not limited to the exclusive right to determine
the mission of its constituent departments, commissions, committees, and boards;
set standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of operations; determine the methods, means and personnel
by which operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the
technology of performing its work.
D.City Procedures
1.Unit Determination. The City reserves the privilege of establishing units for meet
and confer, but will maintain the safety unit for the duration of this Agreement.
2.Jurisdictional Disputes. In the event of jurisdictional disputes between competing
employee organizations or unit claims, the employees of all units shall continue
working under the Agreement in force at the time.
3.Awards. Service Recognition and Special Awards shall be granted or not granted
at the discretion of the City Council.
4.Time Spent for Meet and Confer and Grievances. The City allows reasonable
time off without loss of compensation for a reasonable number of recognized
representatives of the Association for the purpose of meet and confer and for
grievance representation. Reasonableness is determined by the Director of
Safety Services. Members of the Association may work for another member pro
bono (a shift substitution) due to Association activities following the joint approval
of the Director of Safety Services or designee and a Board member of the
Association.
5.Access to Work Location. Representatives of employee organizations may be
allowed reasonable access to work locations only after they have obtained
permission of the City Manager. Employee Bargaining Unit Representatives
must advise supervisors in advance of time they will be away from their regular
job duties for approved, scheduled employee organization business as provided
under Section D. City Procedures.
6.Use of City Facilities. Employee organizations may, with prior approval of the
City Manager, be granted the use of City facilities during non-working hours for
meetings of City employees, provided space is available, and provided further
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such meetings are not used for organizational activities, membership drives, or
political activities of City employees.
7.Availability of Data. The City will make available to employee organizations such
non-confidential information pertaining to employment relations as is contained
in the public records of the agency, subject to the limitations and conditions set
forth herein and in the California Government Code.
Such information shall be made available during regular office hours in
accordance with the City's rules and procedures for making public records
available and after payment for reasonable costs, where applicable.
Information which shall be made available to employee organizations includes
regularly published data covering subjects under discussion. Data collected on
a promise to keep its source confidential may be made available in statistical
summaries, but shall not be made available in such form as to disclose the
source.
Nothing in this procedure shall be construed to require disclosure of the following:
a.Personnel, medical and similar files, the disclosure of which would
constitute an unwarranted invasion of personal privacy or be contrary to
City policy.
b.Working papers or memoranda which are not retained in the ordinary
course of business or any records where the public interest served by not
making the record available, clearly outweighs the public interest served
by disclosure of the record.
c.Records pertaining to pending litigations to which the City is a party or to
claims or appeals that have not been settled.
Nothing herein shall be construed as requiring the City to do research for an inquirer or
to do programming or assemble data in a manner other than usually done by the City.
8.Bulletin Board Space. The City shall make available bulletin board space on
existing bulletin boards designated for general employee information for the use
of the employee organization in posting notices. The City and Association will
establish a list of locations, which will be maintained by and on file with the
Human Resources Manager.
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ARTICLE 2. Severability and Savings
If any portion of this Agreement, or the application of such portion to any person or
circumstance, shall be invalidated by judicial or legislative action, the remainder of this
Agreement, or the application of such portion to persons or circumstances other than
those as to which it is invalidated shall not be affected thereby, and shall remain in full
force and effect. The Association will be duly notified of any legislative action invalidating
any section of this Agreement.
In addition, the City will meet and consult with representatives of the unit prior to the
implementation of new programs which have an impact on the unit.
ARTICLE 3. Sympathy Action
During the term of this Agreement, neither the Association nor any person or persons
covered by this Agreement shall engage in any sympathy action or action of any type in
support of any other unit or units, person or persons, or employee organizations not
having an Agreement in effect with the City.
ARTICLE 4. Duration of Agreement
This entire Agreement shall commence at 12:00 a.m. on July 1, 2017 and terminate at
11:59 p.m. on June 30, 2019.
At the expiration of this Agreement, in whole or in part and in the absence of a new
agreement, the Association and the City agree to continue operating under the provisions
of this Agreement until such time as a new agreement is reached, provided, however,
such new agreement shall be retroactive to the date of expiration of this Agreement or
any part of this Agreement.
ARTICLE 5. Wages
Wages shall increase by three and one-half percent (3.5%) for all job classifications,
effective the beginning of the pay period that includes July 1, 2017.
Wages shall increase by two percent (2.0%) for all job classifications, effective the
beginning of the pay period that includes July 1, 2018.
The Salary Schedule is shown in Appendix A.
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ARTICLE 6. Leaves
Section 1. Vacation
A.Computing Annual Vacation Leave
All employees who have served more than one year of continuous service shall be entitled
to vacation leave with pay.
Annual vacation leave shall be computed in accordance with the following schedule:
1 through 5 Years of Continuous Employment Vacation Leave Credits
112-hour biweekly employees 5.538 hours per pay period
80-hour biweekly employees 3.692 hours per pay period
After 5 Years of Continuous Employment Vacation Leave Credits
112-hour biweekly employees 6.923 hours per pay period
80-hour biweekly employees 4.615 hours per pay period
After 10 Years of Continuous Employment Vacation Leave Credits
112-hour biweekly employees 8.308 hours per pay period
80-hour biweekly employees 5.538 hours per pay period.
After 15 Years of Continuous Employment Vacation Leave Credits
112-hour biweekly employees 9.231 hours per pay period
80-hour biweekly employees 6.154 hours per pay period
B.Vacation Leave Accrual
Vacation time can be accumulated to a maximum of two times one-year’s eligibility. When
an employee's vacation leave accrual reaches the maximum level, the employee will stop
accruing additional vacation leave until the employee uses vacation leave below the
maximum level. At that time, the employee will begin accruing additional leave from that
point forward.
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Employees who have reached maximum accrual can request a review by the Director of
Safety Services in the event a vacation request is denied.
C.Use of Vacation Time
The times at which an employee may take their vacation shall be determined by the
Department Director with due regard for the wishes of the employee and particular regard
for the needs of the City. All requests for vacation time off shall be for a minimum of four
hours.
In the event one or more holidays fall within a vacation leave period, the normal holiday
pay will be paid.
Effective December 1, 2008, no more than six employees can be on vacation or comp
time off per 24-hour shift.
Requests for vacation times are determined on a first-come, first-served basis. In the
event that multiple requests for vacation are received at the same time, seniority will be
the deciding factor. Seniority as it is referred to here shall be determined by the date of
hire within the City of Poway Department of Safety Services. If more than one employee
shares the same date of hire, a method of chance will be utilized to determine the
individual that will be granted the vacation time off. This could include the selection of a
recorded number, draw of the cards, or roll of the dice.
W hen it is necessary to hire back to fill a vacancy to maintain the Department staffing
plan, a system of rank-for-rank hire back shall be utilized first. In the event this process
does not result in filling the vacation request, then employees who meet the Department’s
requirement to serve in an out-of-class-acting (OCA) capacity shall be contacted to fill the
vacancy. In no event shall an individual of a higher rank be utilized to fill a lower ranking
position without first consulting the Battalion Chief if during the normal work day, or the
Duty Chief if after hours. The decision of the Chief Officer on this matter will prevail.
D.Payout of Vacation Leave
Employees who terminate employment shall be paid a lump sum for all vacation leave
earned prior to the effective date of termination, as required by law.
E.Vacation Conversion
The City will allow the conversion of accumulated vacation to cash subject to the following
requirements:
1.An employee must have at least three years of continuous service with the
City.
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2.A maximum of two shifts (48 hours) per year may be converted to cash at
the current hourly rate.
3.After the conversion, the employee must have at least 96 hours of accrued
vacation.
Section 2. Sick Leave
A.Sick Leave Use
Sick leave shall be allowed for the following qualifying reasons:
•For the employee’s own illness or injury.
•For the employee’s own diagnosis, care, or treatment of an existing health
condition, or preventative care, including medical and dental appointments.
•For the diagnosis, care or treatment of an existing health condition or
preventative care for an employee’s family member, including: parent,
parent-in-law, child, spouse, domestic partner, grandparent, grandchild, or
sibling.
o In accordance with the California Kin Care Law, regular full-time
employees may use available Family Sick Leave (FSL) to care for a
family member. If FSL is exhausted, employees must use other
available accrued leave (e.g., vacation).
•To obtain relief or services related to being the victim of domestic violence,
sexual assault, or stalking, including the following with appropriate
certification of the need for services:
o A temporary restraining order or restraining order
o Other injunctive relief to help ensure the health, safety or welfare of
themselves or children.
o To seek medical attention for injuries caused by domestic violence,
sexual assault, or stalking.
o To obtain services from a domestic violence shelter, program, or
rape crisis center as the result of an act of domestic violence, sexual
assault, or stalking.
o To obtain psychological counseling related to an experience of
domestic violence, sexual assault, or stalking.
o To participate in safety planning and other actions to increase safety
from future domestic violence, sexual assault, or stalking, including
temporary or permanent relocation.
If an employee’s sick leave balance is exhausted, another paid leave (e.g., vacation,
comp time) will be used.
Employees must use available sick leave for the first thirty days of a long-term personal
illness, injury, or disability.
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B.Sick Leave Accrual
Sick leave with pay may be granted to all probationary and regular employees within the
Bargaining Unit who are employed in regular full-time positions. Sick leave shall not be
considered a right but shall be allowed only in case of necessity and actual personal
sickness or disability. Sick leave shall be accrued in accordance with the following
schedule:
Sick Leave Credits
112-hour biweekly employees 5.538 hours per pay period
80-hour biweekly employees 3.692 hours per pay period
Sick leave shall be granted to an employee only for actual working time off.
Accumulation of sick leave shall be unlimited.
In the event a 112-hour biweekly employee is scheduled to work on a Designated Holiday
and is out on sick leave, the normal holiday pay will be paid.
Employees will not accrue sick leave while on leave-without-pay status.
C.Notification
In order to receive compensation while absent on sick leave, the employee shall notify
the designated Fire Department point of contact prior to the beginning of his/her daily
duties.
The Director of Safety Services may require certification by an employee’s physician that
the employee is able to return to work in order to receive compensation for sick leave, if:
1.The sick leave spans two or more consecutive scheduled shifts, and
2.An abuse of sick leave is suspected, and
3.The employee has been formally counseled regarding the abuse.
This requirement is at the discretion of the Director of Safety Services. However, the
Director of Safety Services may require such certification when the City deems
necessary, regardless of the time taken, subject to prior employee counseling.
In the event an employee does not have a sufficient amount of accumulated sick leave to
receive full compensation while absent due to illness, other accumulated leaves must be
used before the employee goes to a leave without pay status. Leave without pay may
only be granted with the approval of the City Manager.
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D.Family Sick Leave
A 112-hour biweekly employee may use accrued sick leave up to three (3) twenty-four
hour shifts (72 hours) and an 80-hour biweekly employee may use up to forty-eight (48)
hours of accrued sick leave in each fiscal year to care for a parent, parent-in-law, child,
spouse, domestic partner, grandparent, grandchild, or sibling. Employees must notify the
designated Fire Department point of contact in advance when such leave is being taken
and so note in the comments section of his/her time card, as well as a Leave Request, if
done in advance. An employee cannot use personal sick leave in place of Family Sick
Leave.
Section 3. Holidays
A.Designated Holidays
The holidays for 112-hour biweekly employees in this unit are as follows:
New Year's Day January 1
Martin Luther King Jr. Day 3rd Monday, January
President’s Day 3rd Monday, February
Memorial Day Last Monday, May
Independence Day July 4
Labor Day 1st Monday, September
Veteran's Day November 11
Thanksgiving Day 4th Thursday, November
Thanksgiving Friday Friday after Thanksgiving
Christmas Day December 25
The 80-hour biweekly employees in this unit shall be entitled to the same holidays off as
other 80-hour employees in the City, which in no event shall be less than the above listed
holidays.
Holiday pay for the 112-hour biweekly employees in this unit shall be 12 hours pay at their
regular rate of pay.
In addition to regular pay for hours worked, employees in this unit shall be paid holiday
pay, whether on or off duty on the holidays above.
To be eligible for holiday pay, an employee must be in a paid status in the pay period that
includes the holiday.
Section 4. Bereavement Leave
In the event of a death in the family, a 112-hour biweekly employee shall be eligible for
up to 48 hours off with pay to attend the funeral or make funeral arrangements; an 80-
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hour biweekly employee shall be eligible for up to 24 hours with pay, subject to the
following provisions:
A.The relatives designated shall include child, parent, sibling, grandparent,
grandchild, and domestic partner. It shall also include “in-law” relatives and
those relationships generally called "step".
B.Bereavement leave is not compensable when the employee is on leave of
absence, bona fide layoff, or for days falling outside the employee's regular
work period.
C.All requests for paid bereavement leave shall be made in writing as soon as
practical but in no event later than the first day back to work, and shall be
subject to the approval of the Human Resources Manager or designee.
Section 5. Shift Trade
Employees assigned to a 112-hour biweekly work schedule are permitted to trade shifts
in accordance with the following provisions:
A.All shift trade requests are made voluntarily by the employees involved.
B.Compensable hours for involved employees will not change due to the trade.
C.Shift trades can only be agreed upon by two employees of the same rank
and required certification to perform the substituted role, such as Tiller
Operator.
D.Shift trades shall be scheduled for a minimum of four hours and be
completed within 180 days of the initial traded hours.
E.The “banking” of shift trade hours owed by one employee to another is not
permitted.
F.Shift trades must be approved following Department policy.
G.Upon approval, the traded shift becomes the responsibility of the substituting
employee. If the substituting employee is unable to work the traded shift due
to illness, the substituting employee shall be charged sick leave.
H.Shift trades should not cause overtime.
Shift trades between employees will not be considered when determining the maximum
number of employees off during a 24-hour shift.
ARTICLE 7. Payroll and Workweek
Section 1. General
Employees in this unit shall be assigned to either an 8-hour or a 24-hour shift. The
workweek will consist of 40 or 56 hours respectively.
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Section 2. Overtime
Work in excess of the employee's regular scheduled time will constitute overtime, and if
such time is approved, it shall be compensated at one-and-one-half (1-1/2) times that
employee's regular rate of pay.
The FLSA work period for 112-hour biweekly employees will be a 24-day FLSA 7(k)
work period, effective within 30 days of approval of the 2017-2019 Memorandum of
Understanding. The number of overtime hours shall be determined in accordance with
the provisions of FLSA and this Agreement.
The City will establish a “level paycheck” system under the FLSA by taking the annual
amount of FLSA overtime hours (152 hours) for shift employees on a 24-day work period
and dividing by the number of pay periods in the fiscal year (26 pay periods). This
calculation of 152 hours of annual FLSA overtime divided by 26 pay periods is
approximately 5.85 hours of FLSA overtime, which will be prepaid each biweekly pay
period in advance of the 24 day FLSA period. Any prepayment of FLSA overtime is an
advance and must be repaid upon termination of employment.
For the purposes of computing overtime, hours of paid leaves of absences shall be
considered as hours worked. Workers Compensation leave (Labor Code §4850) shall
not be considered hours worked for purposes of computing overtime. In instances where
an additional shift or unscheduled hours are worked prior to the first day of Workers
Compensation leave within the employee’s FLSA period, the additional shift or
unscheduled hours shall be paid at the FLSA overtime rate.
With the change of the FLSA work period in the 2017-2019 MOU, the City will pay out, at
the rate of pay in effect with the pay period ending June 18, 2017, any current fire hour
balances (as calculated by the Finance Department) owed to members of the bargaining
unit, within 30 days following approval of the Memorandum of Understanding. Hours
currently owed to the City will be forgiven. At time of hire, new employees must sign an
agreement acknowledging that if they leave City employment and the City has made a
prepayment of FLSA overtime as an advance, the advance must be paid either prior to
or with their final check. Current employees must sign a similar agreement no later than
October 31, 2017.
Section 3. Dues Deduction
Upon written request to Human Resources, employees may elect to pay dues to the
Poway Firefighters’ Association through payroll deduction. Checks will be made payable
to the Poway Firefighters’ Association only.
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Page 16
Section 4. Compensatory Time Off (CTO)
Compensatory time off (CTO) will be earned at the straight time rate for each hour worked.
The additional one-half hour of overtime compensation for each hour worked will be paid
in cash. The maximum accumulation of CTO off shall be 72 hours for all 112-hour
biweekly employees. The maximum accumulation of CTO shall be 80 hours for all
80-hour biweekly employees in this unit. The accumulation of hours shall be reduced to
48 hours at the end of each fiscal year for all 112-hour biweekly employees. The
accumulation of hours shall be reduced to 40 hours at the end of each fiscal year for all
80-hour biweekly employees. The employee shall be compensated for the excess
accumulation in a cash payment as part of the final pay period of the fiscal year. Requests
for the use of CTO shall be valued the same as requests for vacation time off. All requests
for CTO must be for a minimum of four hours. Effective December 1, 2008, no more than
six employees can be on vacation or CTO per 24-hour shift.
Requests for cash payment of accumulated CTO throughout the fiscal year, other than
mandatory reduction at the end of the fiscal year, shall be paid during the pay period in
which requested.
Section 5. Call-Back Time
Employees called back to work after expiration of their normal work day or shift to perform
emergency work shall be guaranteed minimum call-back time of two (2) hours at the
appropriate overtime rate in the event the employee is released from duty within two (2)
hours from the time of call. Call-back time will begin at the time of the call when the
employee is required to prepare for and report to duty immediately. The employee shall
make every effort to report to work as soon as possible after being called back, and in no
event shall call-back pay commence sooner than one hour prior to the time the employee
reports to work. For purposes of determining eligibility for minimum call-back time,
returning to duty to maintain a manning level as determined by the Director of Safety
Services will be considered emergency work.
ARTICLE 8. Benefits
Section 1. Health
Health benefit premiums for each employee shall be paid in full by the City.
Dependents of each employee may also be covered by health benefit coverage, upon
proper application and acceptance. The cost of dependent coverage of the medical and
dental plan will be shared equally between the City and the employee for any PPO
plans. The City agrees to increase the City contribution for dependent care for HMO
medical plans to 60%. The employee will contribute 40% of the dependent contribution.
This will take effect with the plan year beginning December 1, 2017. The employee's
share of the cost will be made through payroll deduction. The parties to this Agreement
Resolution No. 17-063
Page 17
agree to work with the City Insurance Committee to keep the overall cost of future
premium increases to a minimum.
Section 2. Eye Care
The City will provide an eye care plan. The City shall pay 100% of the premium for the
employee and his/her dependent coverage.
Section 3. Life Insurance
The first day of the month following date of hire, an employee, upon proper application
and acceptance by the insurance company, shall be covered under a group life insurance
plan for the amount of one and one-half (1-1/2) times annual income ($15,000 minimum).
Section 4. Long-Term Disability Income Insurance
This employee benefit provides for the payment of a monthly income benefit payment for
those covered employees disabled by injury or sickness.
The monthly benefit provided under this coverage will be 66-2/3percent of the employee's
monthly earnings. The acceptance of an employee’s application for long-term disability
is subject to the approval of the insurance carrier. The insurance carrier is responsible
for calculating the exact benefit amount, based on each individual's income status.
The insurance carrier for this coverage requires a thirty (30) day waiting period from the
first day of the disability to the beginning of the monthly benefit payment period.
The City pays 100% of the premium.
An employee may use sick leave and other accrued leave to supplement coverage under
this benefit up to, but not in excess of, 100% of his/her regular rate of pay.
Section 5. Flexible Spending Benefits Program
The City will maintain a Flexible Spending Benefits Program in accordance with
applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order
to provide employees the greatest possible tax benefit.
Section 6. Deferred Compensation
In addition to the City’s existing 457 deferred compensation plan, the City will provide a
401(a) Deferred Compensation Plan. Only full-time employees shall be eligible for this
benefit. Employees hired on or before June 30, 2004, shall have a one-year vesting
Resolution No. 17-063
Page 18
period for the 401(a) plan. For those hired on or after July 1, 2004, the vesting schedule
will be as follows for any contributions made by the City:
From date of hire until second anniversary – 0% of accumulated value
Second anniversary of employment – 20% of the accumulated value
Third anniversary of employment – 40% of the accumulated value
Fourth anniversary of employment – 60% of the accumulated value
Fifth anniversary of employment – 80% of the accumulated value
Sixth anniversary of employment – 100% of the accumulated value
Section 7. Retirement Health Savings Plan
The City agrees to provide a Retirement Health Savings Plan (RHSP) for employees.
A.The City will contribute $35.38 per full biweekly pay period into each employee’s
RHSP account.
B.Any fees related to the RHSP will be paid by employees.
C.Annual conversion of sick leave hours:
Employees must annually convert 40 hours of sick leave to cash as an RHSP deposit
in the pay period that includes July 1 when:
1.Their sick leave balance is at least 200 hours after conversion; and
2.The employee used 72 hours or less sick leave in the prior fiscal year (July 1 –
June 30).
D.Conversion of sick leave hours at service/non-disability retirement:
1.Remaining sick leave hours at service/non-disability retirement shall be
converted to cash as an RHSP deposit.
2.The maximum cash value shall be $11,819.70 effective July 1, 2017.
3.The maximum cash value shall increase to $12,056.09 effective July 1, 2018.
4.The maximum cash value shall thereafter increase by the same percentage as
future MOU salary increases (e.g., 2% across-the-board salary increase would
increase the maximum by 2%, or $11,819.70 x 1.02 = $12,056.09) effective the
same date as that salary increase.
5.If future salary increases vary by rank, the maximum cash value shall increase
by the highest percentage salary increase granted for any rank represented by
the Association.
Resolution No. 17-063
Page 19
Section 8. Computer Loan Program (Employee Computer Purchase Program
Policy & Procedures)
Any regular City employee who has completed his/her initial probationary period is eligible
to apply for a loan under the City’s Computer Program. Participants must agree to comply
with the requirements and provisions of the Program. Participants will be eligible to make
an initial computer purchase or upgrade their existing computer system through this
program.
Maximum loan amounts are established based upon the type of computer system being
purchased, per the City’s policy.
ARTICLE 9. Special Pay
Section 1. Tuition Reimbursement
Employees in the Association shall be allowed to participate in the tuition reimbursement
program outlined in the Personnel Rules. The maximum amount of reimbursement shall
be $1,500 per fiscal year per employee and will be available on a first-come, first-serve
basis. The total funds available to the Association will be $10,000 each fiscal year. Funds
remaining in any one fiscal year cannot be carried over to a future year. Approved fire
service classes and professional and technical courses in accredited educational
institutions are eligible provided that:
A.The employee has received at least an overall satisfactory rating on his/her last
performance evaluation.
B.The subject matter of the course relates directly to and contributes toward the
performance of the employee’s position with the City.
C.The employee submits a Request for Tuition Reimbursement form to the
department Director and Human Resources within three (3) weeks after the
beginning of the class.
D.Before receiving reimbursement, the employee shall furnish proof of payment and
evidence that he/she has completed the course with a grade of “C” or better, if the
grade of “C” is acceptable for graduation. A “pass” will be accepted for classes
where a pass/fail grading system is used. For approved fire service classes a
certificate of completion is required.
Section 2. Uniforms and Equipment
The City will provide all uniforms that are required by the City in accordance to the
following:
A.All uniforms will be compliant with NFPA Standard 1500 and as determined by
the Director of Safety Services and shall include items specified in Section 2,
Item C, below.
Resolution No. 17-063
Page 20
B.Safety clothing required in the performance of duties shall be provided by the
City. Employees shall be required to report for work in the required uniform and
shall wear the required safety clothing when performing hazardous duties.
C.Standards of maintenance of uniforms and equipment shall be determined by
the City. Employees will be required to maintain these standards. Uniforms to
be purchased by the City include:
1.Shirts (4)4.Jacket w/liner (1)7.T-shirts (6)
2.Pants (4)5.Socks (6 pr.)8.Belt (1)
3.Sweatshirt (1)6.Physical Training Shorts (1)9. Ball cap (1)
D.Uniform replacements will be made on an as-needed basis as determined by the
Department Director or designee.
E.Uniform allowance as defined by the California Public Employees’ Retirement
System (CalPERS) is a form of compensation for “classic members” of CalPERS
for CalPERS purposes only. As such, any uniform allowance or the value of
uniforms provided by the City will be reported to CalPERS as part of the
employee’s annual gross income for purposes of computing the employee’s and
City’s CalPERS contribution. Under the California Public Employees’ Pension
Reform Act (PEPRA), a uniform allowance or the value of uniforms is not
considered pensionable compensation for “new members” of CalPERS.
Section 3. Acting Pay
A.Compensation for working in an acting assignment in the rank of Fire Engineer or
Fire Captain shall be paid at the next step in the employee’s current range or a
minimum of 5% above the employee’s current compensation rate.
Acting pay will commence after the employee has worked a minimum of 12
consecutive hours in an acting assignment retroactive to the first hour of the
assignment. Thereafter, acting pay will continue for every consecutive hour worked
in the acting assignment until the employee is relieved of the acting assignment.
B.In order for an employee to be eligible to work in an out-of-class position, the
employee must have successfully passed the most recent promotional examination
for that out-of-class position.
C.Serving in an acting capacity will not alter employees’ anniversary dates for
probationary status or merit increases.
Resolution No. 17-063
Page 21
Section 4. Travel Expenses
Travel expense approval will be in alignment with the City’s current policy.
Section 5. Paramedic License Recertification
The City agrees to pay an annual paramedic license recertification stipend of $1,800 for
Fire Captain/Paramedics and Fire Engineer/Paramedics, effective the beginning of the
pay period that includes July 1, 2017. The amount paid each biweekly pay period shall
be $69.23. The City agrees to pay an annual paramedic license recertification stipend of
$1,000 for Firefighter/Paramedics, effective the pay period that includes July 1, 2017. The
amount paid each biweekly pay period shall be $38.46. Pursuant to the California Public
Employees’ Retirement Law (PERL) in Government code sections 20630, 20636, the
California Code of Regulations section 570.5 and the Public Employees’ Pension Reform
Act of 2013 (PEPRA) in Government Code section 7522.34, the paramedic license
recertification pay is considered pensionable compensation.
ARTICLE 10. Service
Section 1. Probation
All appointments shall be for a probationary period of not less than one year. During the
probationary period, the employee may be rejected at any time without the right of appeal
or hearing. The Department Director shall have the authority to extend the initial period
of probation for an additional three (3) months.
If any employee is rejected during the probationary period from a position to which he/she
has been promoted, the City shall make every reasonable effort to retain the employee in
any vacant position in a public safety position for which he/she is qualified. Such efforts
may include acceptance of the employee's request for a voluntary demotion to a vacant
position.
This provision shall not apply if the employee is released from probation due to repeated
or single acts of misconduct specified in Rule 14.2 of the City's Personnel Rules.
Section 2. Prohibition of Tobacco Use
The City agrees to require new hires with an original appointment date after July 1, 2000,
to not use tobacco products, and will require continued nonuse as a condition of their
employment.
Resolution No. 17-063
Page 22
Section 3. Safety
The Association adopts the following by reference:
1.The City has a Central Safety Committee with representatives from all units.
2.The City and all employees shall comply with any applicable Federal and State
law.
3.The City and all employees shall comply with any safety policy and/or
procedure that may from time to time be promulgated by the City Council or the
Safety Services Department.
Section 4. Meal and Rest Periods
Meal periods and rest periods will be permitted insofar as they are practicable and
consistent with operational interests.
In the event of an extended emergency response, the City will reimburse the members of
the Poway Firefighters’ Association $5.00 per meal, per person when such a response
will not allow the fire crews to return to station by 1300 hours for lunch, or $7.50 per meal,
per person when returning after 1830 hours for dinner. Reimbursement will be made
directly to the affected crew members. All meals will be purchased and consumed within
the City limits, whenever practical.
Section 5. Transfers
If an employee assigned to a 112-hour biweekly work schedule is transferred to a position
on an 80-hour biweekly schedule, the employee’s sick leave and vacation leave accrual
rates along with their respective balances shall be adjusted proportionately to reflect the
new schedule for an 80-hour biweekly employee. If an employee is transferred from an
80-hour biweekly schedule to a 112-hour biweekly schedule, the sick leave and vacation
accrual rate and balances shall be similarly adjusted.
Section 6. Layoff and Abolishment of Positions
The City may abolish any position and the employee may be laid off without disciplinary
action or without the right of appeal.
Whenever the City deems it necessary to reduce the number of employees in any
classification, the employee may be laid off without disciplinary action or without the right
of appeal.
The City agrees to meet with the Bargaining Unit Representatives 30 days prior to
issuance of any layoff notices or abolishment of positions to confer over the impact and
implementation of said layoffs or abolishment and to discuss alternatives and options.
However, the City Manager shall retain the final decision with respect to classifications
and number of employees to be laid off.
Resolution No. 17-063
Page 23
The City’s layoff procedures are contained in Rule 13 (Separation from Service) of the
City’s Personnel Rules, in effect at the time the layoff decision is made.
Section 7. Driving Eligibility
Employees who drive a vehicle for City business shall have a valid California Driver’s
License. The City participates in the California Department of Motor Vehicles’ “pull
program.” The City reserves the right to check at any time with the Department of Motor
Vehicles and/or an employee to determine if the employee’s license is valid. If an
employee's driver’s license is revoked, suspended or otherwise made invalid by the
Department of Motor Vehicles, the employee must inform his/her supervisor immediately.
Section 8. Licenses and Certificates
Employees must maintain licenses and certification as outlined in their respective job
specifications at all times. In order to ascertain the validity of the employee's licenses
and certificates, employees must present licenses and certificates to their supervisor
upon request. If any of an employee’s licenses or certificates are revoked, suspended or
otherwise made invalid, the employee must inform his/her supervisor immediately.
Section 9. Direct Deposit
All employees will have mandatory direct deposit. Employees will provide authorization
to the City to electronically deposit their paychecks to a financial institution of their choice.
Section 10. Resignations
An employee wishing to resign in good standing shall file with the Department Director a
written resignation stating the effective date and reasons for resignation at least two
weeks prior to the effective date of resignation.
The City will pay an employee for all hours worked on the next regular payday after
resignation, and will thereafter pay all accumulated reimbursable benefits as early as
feasible.
An employee who has resigned with a good record will be given preferential consideration
for rehire if a position is available. Decision to rehire is at the discretion of the City, and
the employee will not reestablish rights and/or benefits lost at the time of resignation.
Section 11. Training and Seminars
The City provides funds for training and educational seminars as the budget reasonably
permits. Tuition and fees for training and educational seminars are paid from these funds.
Employees requesting tuition for emergency services, job-related educational seminars
Resolution No. 17-063
Page 24
must obtain approval in advance from the Director of Safety Services. Employees
attending such seminars during their normal duty hours will not be charged vacation leave
or compensatory time off leave. Employees attending such seminars on their own time
will not be compensated for that time.
Section 12. Bid System
The City agrees to establish a station bid program by separate policy through a joint
committee of PFA members and Fire Management by the first work cycle in January.
The policy will be evaluated on an annual basis.
ARTICLE 11. Grievance Procedure
The Association and City will adhere to the grievance procedure as stated in the
Personnel Rules, Rule 15, in effect at the time of the grievance. In addition to Step Five
of the Grievance Procedure set forth in the Personnel Rules, the final level of review shall
be contained in the Memorandum of Understanding with the Association as follows:
If the employee does not agree with the decision reached in Step Five of the Grievance
Procedure, he/she may present the appeal in writing to the City Council.
Final Level of Review: The City Council upon receiving the grievance shall take such
actions and such methods as it chooses and render a written final and binding decision.
ARTICLE 12. Retirement and Social Security
The City will provide retirement benefits through the Public Employees’ Retirement
System. The City does not participate in the Social Security System.
The use of the terms “classic member” and “new member” shall be as defined in the
Public Employee Pension Reform Act of 2013 (PEPRA) and those rules and regulations
adopted by CalPERS to implement PEPRA.
“Classic members” are those members who entered into membership with a retirement
system on or before December 31, 2012 who do not meet the definition of “new member”
in Government Code section 7522.04(f).
A “new member” is defined in Government Code section 7522.04(f) as any of the
following:
1.An individual who becomes a member of any public retirement system for
the first time on or after January 1, 2013, and who was not a member of
any other public retirement system prior to that date; or
2.An individual who becomes a member of a public retirement system for the
first time on or after January 1, 2013, and who was a member of another
Resolution No. 17-063
Page 25
public retirement system prior to that date, but who was not subject to
reciprocity under subdivision (c) of Govt. Code 7522.02; or
3.An individual who was an active member in a retirement system and who,
after a break in service of more than six months, returned to active
membership in that system with a new employer.
For employees hired on or before December 31, 2011 and considered “classic
members” as defined above:
Effective pay period beginning July 11, 2011, each employee in this Bargaining Unit will
contribute nine percent (9%) of his/her PERSable salary (excluding overtime) on a pre-
tax basis towards the “member contribution” portion of their CalPERS retirement account.
Effective the first pay period including July 1, 2017, each employee in this Bargaining
Unit will contribute ten percent (10%) of his/her PERSable salary (excluding overtime)
on a pre-tax basis toward the “member contribution” portion of their CalPERS retirement
account.
The City currently contracts with the California Public Employees’ Retirement System
(CalPERS) to provide the following system features:
1.The retirement benefit formula known as 3%-at-50 formula;
2.Final Compensation 3 Year;
3.The Index Level of 1959 Survivor Benefit; and
4.Pre-Retirement Option 2W Death Benefit.
For employees hired after December 31, 2011 and considered “classic members”
as defined above:
The City amended its contract with CalPERS to create a second-tier retirement plan
effective January 1, 2012. The second-tier will apply to employees hired after December
31, 2011 and considered “classic members”. The second-tier shall provide:
1.The retirement benefit formula known as 3%-at-55 formula;
2.Final Compensation 3 Year
3.The Index Level 1959 Survivor Benefits;
4.Pre-Retirement Option 2W Death Benefit.
Effective the first pay period including July 1, 2017, each employee in the second-tier
will contribute ten percent (10%) of his/her PERSable salary (excluding overtime) on a
pre-tax basis toward the “member contribution” portion of their CalPERS retirement
account.
Resolution No. 17-063
Page 26
For employees hired on or after January 1, 2013 and considered “new members”
as defined above:
Employees in this group shall receive:
1.The retirement formula known as 2.7%-at-57 formula;
2.The Index Level 1959 Survivor Benefits;
3.Average of three highest years’ compensation with no Employer Paid
Member Contribution (EPMC); and
4.Pre-Retirement Optional Settlement 2 Death Benefit.
Employees considered “new members” shall pay 50% of the “normal cost” (as determined
by CalPERS annually) on a pre-tax basis.
ARTICLE 13. Maintenance of Benefits
All rights, privileges, and terms and conditions of employment in full force and effect under
the previous MOU and not in conflict herewith shall become a part herein until mutually
modified, or otherwise changed by the parties hereto.
ARTICLE 14. Job Actions
The Association agrees not to strike or otherwise engage in withholding services or
concerted action during the term of this Agreement. In addition, the City agrees not to
lock out the employees.
ARTICLE 15. Americans with Disability Act
The City and the Bargaining Unit agree that they are subject to and must conform to the
Americans with Disability Act Amendments Act (ADAAA).
ARTICLE 16. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of
the City of Poway.
ARTICLE 17. Posting of Agreement
A copy of this Agreement will be posted on the City’s intranet and internet for employee
access. The Agreement will be provided to new hires at the Human Resources
orientation.
Resolution No. 17-063
Page 27
Resolution No. 17-063
Page 28
POSITION
142.4 A B C D E
3,390.46 3,560.03 3,738.00 3,924.93 4,121.15
30.272 31.786 33.375 35.044 36.796
42.381 44.500 46.725 49.062 51.514
7,346 7,713 8,099 8,504 8,929
Fire Engineer
/Paramedic 126.3 A B C D E
2,905.95 3,051.22 3,203.76 3,363.92 3,532.14
25.946 27.243 28.605 30.035 31.537
36.324 38.140 40.047 42.049 44.152
6,296 6,611 6,941 7,288 7,653
Firefighter/Paramedic 120.0 A B C D E
2,732.46 2,869.10 3,012.58 3,163.22 3,321.36
24.397 25.617 26.898 28.243 29.655
34.156 35.864 37.657 39.540 41.517
5,920 6,216 6,527 6,854 7,196
STEPS
Effective the beginning of the first pay period which includes July 1, 2017
Salary Schedule for Classifications within the Safety Employees Bargaining Group
SALARY
RANGE Fire Captain/
Paramedic
Hourly (112 hours)
Biweekly (hourly x 112)
Hourly (80 hours)
Approx. Monthly
Biweekly (hourly x 112)
Hourly (112 hours)
Hourly (80 hours)
Approx. Monthly
Biweekly (hourly x 112)
Hourly (112 hours)
Approx. Monthly
Hourly (80 hours)
24
APPENDIX A: SALARY
SCHEDULES
Resolution No. 17-063
Page 29Exhibit B
POSITION
142.4 A B C D E
3,458.34 3,631.26 3,812.82 4,003.44 4,203.58
30.878 32.422 34.043 35.745 37.532
43.229 45.391 47.660 50.043 52.545
7,493 7,868 8,261 8,674 9,108
Fire Engineer
/Paramedic 126.3 A B C D E
2,964.08 3,112.26 3,267.82 3,431.23 3,602.82
26.465 27.788 29.177 30.636 32.168
37.051 38.903 40.848 42.890 45.035
6,422 6,743 7,080 7,434 7,806
Firefighter/Paramedic 120.0 A B C D E
2,787.23 2,926.56 3,072.83 3,226.50 3,387.78
24.886 26.130 27.436 28.808 30.248
34.840 36.582 38.410 40.331 42.347
Approx. Monthly 6,039 6,341 6,658 6,991 7,340
Effective the beginning of the first pay period which includes July 1, 2018
Salary Schedule for Classifications within the Safety Employees Bargaining Group
SALARY
RANGE Fire Captain/
Paramedic
STEPS
Hourly (112 hours)
Biweekly (hourly x 112)
Hourly (80 hours)
Approx. Monthly
Biweekly (hourly x 112)
Hourly (112 hours)
Hourly (80 hours)
Approx. Monthly
Biweekly (hourly x 112)
Hourly (80 hours)
Hourly (112 hours)
25
Resolution No. 17-063
Page 30