HomeMy WebLinkAboutMINUTES - 05262020 - Fire Protection DistrictCALENDAR FOR THE BOARD OF DIRECTORS
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET
MARTINEZ, CALIFORNIA 94553-1229
CANDACE ANDERSEN, CHAIR
DIANE BURGIS, VICE CHAIR
JOHN GIOIA
KAREN MITCHOFF
FEDERAL D. GLOVER
DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900
LEWIS T. BROSCHARD III , FIRE CHIEF
To slow the spread of COVID-19, the Health Officer’s Shelter Order of May 18, 2020, prevents public
gatherings (Health Officer Order). In lieu of a public gathering, the Contra Costa County Fire Protection
District meeting will be accessible via television and live-streaming to all members of the public as permitted
by the Governor’s Executive Order N29-20. Board meetings are televised live on Comcast Cable 27,
ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov.
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC
COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE
AGENDA MAY CALL IN DURING THE MEETING BY DIALING
888-251-2949 FOLLOWED BY THE ACCESS CODE 1672589#.
All telephone callers will be limited to two (2) minutes apiece. The Board Chair may reduce or
eliminate the amount of time allotted per telephone caller at the beginning of each item or public
comment period depending on the number of calls and the business of the day. Your patience is
appreciated.
The Board Chair may reduce or eliminate the amount of time allotted per telephone caller at the
beginning of each item or public comment period depending on the number of calls and the
business of the day. Your patience is appreciated.
A lunch break or closed session may be called at the discretion of the Board Chair.
Staff reports related to open session items on the agenda are also accessible on line at
www.contracosta.ca.gov.
Special Meeting
ANNOTATED AGENDA & MINUTES
May 26, 2020
***NOTE TIME CHANGE***
Present: Director John Gioia; Director Candace Andersen; Director Diane Burgis; Director Karen Mitchoff;
Director Federal D. Glover
Staff Present:David Twa, County Administrator
Lewis Broschard, Fire Chief
May 26, 2020 Contra Costa County Fire Protection District 1
11:00 A.M. Convene and call to order.
CONSIDER CONSENT ITEMS (Items listed as C.1 through C.4 on the following agenda) –
Items are subject to removal from Consent Calendar by request of any Director or on request
for discussion by a member of the public. Items removed from the Consent Calendar will
be considered with the Discussion Items.
DISCUSSION ITEMS
D. 1 CONSIDER Consent Items previously removed.
There were no requests to speak at public comment.
D.2 CONSIDER accepting the 2019 Occupancy Inspection Compliance Report and
ADOPT Resolution No. 2020/4. (Lewis T. Broschard III, Fire Chief)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.3 CONSIDER accepting a report from the Fire Chief providing a status summary
for Contra Costa County Fire Protection District fire station construction
projects. (Lewis T. Broschard III, Fire Chief)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.4 CONSIDER accepting a report from the Fire Chief providing a status summary
for ongoing Fire District activities and initiatives. (Lewis T. Broschard III, Fire
Chief)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.5 CONSIDER adopting Resolution No. 2020/3 approving the Memorandum of
Understanding between Contra Costa County Fire Protection District and United
Chief Officers Association (UCOA). (David Twa, County Administrator)
Speaker: Vito Impastato, President United Chief Officers.
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.6 CONSIDER adopting Resolution No. 2020/5 regarding salary increases for
May 26, 2020 Contra Costa County Fire Protection District 2
D.6 CONSIDER adopting Resolution No. 2020/5 regarding salary increases for
unrepresented fire safety management classifications in the Contra Costa County
Fire Protection District, as recommended by the County Administrator. (David
Twa, County Administrator)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.7 CONSIDER adopting Resolution No. 2020/6 which supersedes Resolution No.
2019/63, regarding compensation and benefits for unrepresented fire safety
management classifications in the Contra Costa County Fire Protection District,
as recommended by the County Administrator. (David Twa, County
Administrator)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D.8 Acting as the Governing Body of the Contra Costa County Fire Protection
District, CONSIDER adopting Resolution No. 2020/7 approving the
Memorandum of Understanding with United Professional Firefighters, Local
1230, for the period of July 1, 2020 through June 30, 2023. (David Twa, County
Administrator)
Speaker: Vince Wells, President of Local 1230.
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
D. 9 PUBLIC COMMENT (2 Minutes/Speaker)
There were no requests from the public to speak.
CONSENT ITEMS
C.1 APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a license
agreement with the U.S. Department of the Navy to use a portion of the former
Concord Naval Weapon Station for public safety training purposes. (No Fiscal
Impact)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
C.2 APPROVE and AUTHORIZE the Fire Chief, or designee, to apply for and accept
grant funding from the U.S. Department of Homeland Security, Federal
Emergency Management Agency, Assistance to Firefighters Grants Program in
an amount not to exceed $100,000 for the purchase of protective equipment to
respond to COVID-19. (90% Federal, 10% District match)
May 26, 2020 Contra Costa County Fire Protection District 3
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
C.3 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the
Fire Chief, a purchase order with TriTech Software Systems, in an amount not to
exceed $240,000, for the continued annual maintenance of the Contra Costa
County Fire Protection District's 911 Computer Aided Dispatch system for the
period May 1, 2020, through April 30, 2021. (100% CCCFPD EMS Transport
Fund)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
C.4 APPROVE and AUTHORIZE the Chair of the Board of Directors to execute and
submit a comment letter to the California Emergency Medical Services Authority
on proposed amendments to California EMS regulations. (No fiscal impact)
AYE: Director John Gioia, Director Candace Andersen, Director Diane
Burgis, Director Karen Mitchoff, Director Federal D. Glover
GENERAL INFORMATION
The Board meets in its capacity as the Board of Directors of the Contra Costa County Fire
Protection District pursuant to Ordinance Code Section 24-2.402. Persons who wish to address the
Board of Directors should complete the form provided for that purpose and furnish a copy of any
written statement to the Clerk.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the Clerk of the Board to a majority of the members of the Board of Directors less
than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First
Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under
CONSENT ITEMS are considered by the Board of Directors to be routine and will be enacted by
one motion. There will be no separate discussion of these items unless requested by a member of
the Board or a member of the public prior to the time the Commission votes on the motion to
adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the
Chair calls for comments from those persons who are in support thereof or in opposition thereto.
After persons have spoken, the hearing is closed and the matter is subject to discussion and action
by the Board. Comments on matters listed on the agenda or otherwise within the purview of the
Board of Directors can be submitted to the office of the Clerk of the Board via mail: Contra Costa
County Fire Protection District Board of Directors, 651 Pine Street Room 106, Martinez, CA
94553; by fax: 925-335-1913.
The District will provide reasonable accommodations for persons with disabilities planning to
attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at
(925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk,
Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the
Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make
the necessary arrangements. Applications for personal subscriptions to the Board Agenda may beMay 26, 2020 Contra Costa County Fire Protection District 4
the necessary arrangements. Applications for personal subscriptions to the Board Agenda may be
obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The Board of Directors’
agenda and meeting materials are available for inspection at least 96 hours prior to each meeting at
the Office of the Clerk of the Board, 651 Pine Street, Room 106, Martinez, California.
Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board,
(925) 335-1900 or using the County's on line subscription feature at the County’s Internet Web
Page, where agendas and supporting information may also be viewed:
www.co.contra-costa.ca.us
ADVISORY COMMISSION
The Contra Costa County Fire Protection District Advisory Fire Commission is scheduled to meet
next on Monday, June 8, 2020, at 7:00 p.m. at their Administrative Office, 4005 Port Chicago
Highway, Suite 250, Concord, CA 94520.
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.
Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order):
The Contra Costa County Fire Protection District has a policy of making limited use of acronyms,
abbreviations, and industry-specific language in its Board of Supervisors meetings and written
materials. Following is a list of commonly used language that may appear in oral presentations and
written materials associated with Board meetings:
AB Assembly Bill
ABAG Association of Bay Area Governments
ACA Assembly Constitutional Amendment
ADA Americans with Disabilities Act of 1990
AFSCME American Federation of State County and Municipal Employees
ARRA American Recovery & Reinvestment Act of 2009
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit District
BayRICS Bay Area Regional Interoperable Communications System
BGO Better Government Ordinance
BOC Board of Commissioners
CALTRANS California Department of Transportation
CAER Community Awareness Emergency Response
CAL-EMA California Emergency Management Agency
CAO County Administrative Officer or Office
CCE Community Choice Energy
CBC California Building Code
CCCPFD (ConFire) Contra Costa County Fire Protection District
May 26, 2020 Contra Costa County Fire Protection District 5
CCHP Contra Costa Health Plan
CCTA Contra Costa Transportation Authority
CCRMC Contra Costa Regional Medical Center
CCWD Contra Costa Water District
CFC California Fire Code
CFDA Catalog of Federal Domestic Assistance
CEQA California Environmental Quality Act
CIO Chief Information Officer
COLA Cost of living adjustment
ConFire (CCCFPD) Contra Costa County Fire Protection District
CPA Certified Public Accountant
CPF – California Professional Firefighters
CPI Consumer Price Index
CSA County Service Area
CSAC California State Association of Counties
CTC California Transportation Commission
dba doing business as
EBMUD East Bay Municipal Utility District
ECCFPD East Contra Costa Fire Protection District
EIR Environmental Impact Report
EIS Environmental Impact Statement
EMCC Emergency Medical Care Committee
EMS Emergency Medical Services
et al. et alii (and others)
FAA Federal Aviation Administration
FEMA Federal Emergency Management Agency
FTE Full Time Equivalent
FY Fiscal Year
GIS Geographic Information System
HCD (State Dept of) Housing & Community Development
HHS (State Dept of ) Health and Human Services
HOV High Occupancy Vehicle
HR Human Resources
HUD United States Department of Housing and Urban Development
IAFF International Association of Firefighters
ICC International Code Council
IFC International Fire Code
Inc. Incorporated
IOC Internal Operations Committee
ISO Industrial Safety Ordinance
JPA Joint (exercise of) Powers Authority or Agreement
Lamorinda Lafayette-Moraga-Orinda Area
LAFCo Local Agency Formation Commission
LLC Limited Liability Company
LLP Limited Liability Partnership
Local 1 Public Employees Union Local 1
Local 1230 Contra Costa County Professional Firefighters Local 1230
MAC Municipal Advisory Council
May 26, 2020 Contra Costa County Fire Protection District 6
MBE Minority Business Enterprise
MIS Management Information System
MOE Maintenance of Effort
MOU Memorandum of Understanding
MTC Metropolitan Transportation Commission
NACo National Association of Counties
NEPA National Environmental Policy Act
NFPA National Fire Protection Association
OES-EOC Office of Emergency Services-Emergency Operations Center
OPEB Other Post Employment Benefits
OSHA Occupational Safety and Health Administration
PACE Property Assessed Clean Energy
PARS Public Agencies Retirement Services
PEPRA Public Employees Pension Reform Act
RFI Request For Information
RFP Request For Proposal
RFQ Request For Qualifications
SB Senate Bill
SBE Small Business Enterprise
SEIU Service Employees International Union
SUASI Super Urban Area Security Initiative
SWAT Southwest Area Transportation Committee
TRANSPAC Transportation Partnership & Cooperation (Central)
TRANSPLAN Transportation Planning Committee (East County)
TRE or TTE Trustee
TWIC Transportation, Water and Infrastructure Committee
UASI Urban Area Security Initiative
UCOA United Chief Officers Association
vs . versus (against)
WAN Wide Area Network
WBE Women Business Enterprise
WCCTAC West Contra Costa Transportation Advisory Committee
May 26, 2020 Contra Costa County Fire Protection District 7
RECOMMENDATION(S):
ACCEPT the 2019 Occupancy Inspection Compliance Report from the Fire Chief pursuant to Sections
13146.2 and 13146.3 of the California Health & Safety Code; and
ADOPT Resolution No. 2020/4 acknowledging receipt of the report pursuant to Section 13146.4 of the
California Health & Safety Code.
FISCAL IMPACT:
There is no fiscal impact to the adoption of this resolution.
BACKGROUND:
Section 13146.2 requires the Contra Costa County Fire Protection District (District) to annually inspect all
hotels, motels, lodging houses, apartment houses and dwellings, and associated accessory structures for
compliance with building standards and other regulations of the State Fire Marshal. Single family
dwellings, including duplexes, are excluded. The occupancies covered by this statute are defined in the
“Group R” occupancy classifications within the California Fire and Building Codes.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Lewis T. Broschard III, Fire
Chief (925) 941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.2
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:May 26, 2020
Contra
Costa
County
Subject:2019 Occupancy Inspection Compliance Report
May 26, 2020 Contra Costa County Fire Protection District 8
BACKGROUND: (CONT'D)
>
Section 13146.3 requires the District to inspect all public or private schools not less than once per year.
The occupancies covered by this stature are defined in the “Group E” occupancy classifications within
the California Fire and Building Codes. It should be noted that a school is defined as containing grades
K-12 and does not include day care, colleges, or adult learning facilities.
Effective January 1, 2019, Section 13146.4 of the California Health and Safety Code requires all city or
county fire departments and fire districts responsible for conducting mandated annual occupancy
inspections of Group E and Group R occupancies to report annually to their governing body on their
compliance with these two mandated inspection programs. Additionally, the governing body is required
to adopt a resolution acknowledging receipt of the report.
For the calendar year 2019 reporting period, the District completed 100% of the required annual
inspections of both Group E and Group R occupancies within its jurisdiction.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board fails to accept the report and adopt the resolution, the District will be in violation of Section
13146.4 of the California Health and Safety Code until such time as a report is accepted and a resolution
is adopted.
AGENDA ATTACHMENTS
Resolution 2020/4
MINUTES ATTACHMENTS
Signed Resolution No. 2020/4
May 26, 2020 Contra Costa County Fire Protection District 9
THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Adopted this Resolution on 05/26/2020 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2020/4
In The Matter Of: Acknowledgement of receipt of the Contra Costa County Fire Protection District's 2019 Occupancy Inspection
Compliance Report,
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on January 1, 2019; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Contra
Costa County Fire Protection District, that provide fire protection services to perform annual inspections in every building used
as hotels, motels, lodging houses, apartment houses and dwellings, and associated accessory structures for compliance with
building standards and other regulations of the State Fire Marshal, as provided; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Contra Costa County
Fire Protection District, that provide fire protection services to report annually to its administering authority on its compliance
with Sections 13146.2 and 13146.3; and
WHEREAS, the Contra Costa County Fire Protection District Board of Directors intends this Resolution to fulfill the
requirements of the California Health & Safety Code regarding acknowledgment of the Contra Costa County Fire Protection
District’s compliance with California Health and Sections 13146.2 and 13146.3;
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Fire Protection District Board of Directors expressly
acknowledges the measure of compliance of the Contra Costa County Fire Protection District with California Health and Safety
Code Sections 13146.2 and 13146.3 in the area encompassed by the Contra Costa County Fire Protection District in 2019, as
follows:
A. EDUCATIONAL GROUP E OCCUPANCIES Educational Group E occupancies are those public and private schools used by
more than six persons at any one time for educational purposes, including kindergarten through the 12th grade. Within the Contra
Costa County Fire Protection District, there were 191 such Group E occupancies, buildings, structures and/or facilities.
During calendar year 2019, the Contra Costa County Fire Protection District completed the annual inspection of all Group E
occupancies, buildings, structures and/or facilities.
B. RESIDENTIAL GROUP R OCCUPANCIES Residential Group R occupancies, for the purposes of this resolution, are
generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), as well as
other residential occupancies (including a number of residential care facilities). Within the Contra Costa County Fire Protection
District there were 7,107 Group R (R-1, R-2, R-2.1, and R-4) occupancies, including accessory and secondary structures, of this
nature known to the District. Included within this list are all Group R occupancies in the planning, design, or new construction
phase that are not constructed or occupied, as well as duplex residential occupancies which should be classified as Group R-3
(single family) occupancies.
During calendar year 2019, the Contra Costa County Fire Protection District completed the annual inspection of all constructed
and occupied Group R occupancies, buildings, structures and/or facilities.
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the
date shown.
May 26, 2020 Contra Costa County Fire Protection District 10
Contact: Lewis T. Broschard III, Fire Chief (925)
941-3300
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
May 26, 2020 Contra Costa County Fire Protection District 11
May 26, 2020 Contra Costa County Fire Protection District 12
RECOMMENDATION(S):
ACCEPT a report from the Fire Chief providing a status summary for Contra Costa County Fire Protection
District fire station construction projects.
FISCAL IMPACT:
Status report only. No fiscal impact.
BACKGROUND:
At the request of the Contra Costa County Fire Board of Directors, the Fire Chief is providing a report on
the status and progress of District fire station construction projects.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Lewis T. Broschard III, Fire
Chief (925) 941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.3
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:May 26, 2020
Contra
Costa
County
Subject:Update on Fire Station Construction Projects - May 26, 2020
May 26, 2020 Contra Costa County Fire Protection District 13
ATTACHMENTS
Construction Project Update - May 26,
2020
May 26, 2020 Contra Costa County Fire Protection District 14
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
.
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180
Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org
000.
May 26, 2020
TO: Board of Directors
FROM: Lewis T. Broschard III, Fire Chief
RE: Update on Fire Station Construction Projects
______________________________________________________________________
Fire Station 9 – Pacheco
Fire District leadership met with Public Works, Department of Conservation and
Development and Airport staff. The drainage issue is significant. Following several
studies, it has been determined that solving this issue could require permits, which
could take years to obtain, from multiple entities and range in the neighborhood of
$2 million to implement. We are currently investigating less costly options including
alternate sites at the airport.
Fire Station 86 – Bay Point
Progress has been slowed due to the current emergency environment. We are
working with Golden State Water Company to bring water to the site. A
prequalification process for general contractors is underway in order to establish a
list of eligible builders while staff is also exploring financing options. A selection
process for construction managers in partnership with Public Works is now
complete. Later this spring, the District expects to seek Board authorization to put
the project out to bid.
Fire Station 70 – San Pablo
As an essential public works project, in-progress construction has continued. The
project is presently on schedule. Progress photos have been included on the
following page. Roof framing will take place next. We are still projecting a spring
2021 opening.
May 26, 2020 Contra Costa County Fire Protection District 15
Update on Fire Station Construction Projects – May 26, 2020
Page 2
FIRE STATION 70 (San Pablo) Progress Photos
May 26, 2020 Contra Costa County Fire Protection District 16
RECOMMENDATION(S):
ACCEPT a report from the Fire Chief providing a status summary for ongoing Fire District activities and
initiatives.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At the request of the Contra Costa County Fire Board of Directors, the Fire Chief is providing a report on
the status and progress of the various District initiatives.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Lewis T. Broschard III, Fire
Chief (925) 941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.4
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard, III, Chief, Contra Costa Fire Protection District
Date:May 26, 2020
Contra
Costa
County
Subject:Fire Chief's Report - May 26, 2020
May 26, 2020 Contra Costa County Fire Protection District 17
ATTACHMENTS
FC Report - May 26, 2020
Fire Chief Report May
2020
May 26, 2020 Contra Costa County Fire Protection District 18
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
.
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180
Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org
000.
May 26, 2020
TO: Board of Directors
FROM: Lewis T. Broschard III, Fire Chief
RE: Fire Chief’s Report
______________________________________________________________________
Fire Season Planning. As the COVID-19 pandemic seems to be plateauing for the
time being, we have turned our attention to what promises to be another challenging
fire season. Our Operations Chief declared May 15 the official start of the season in
the District. This means we are now dispatching full responses to vegetation fires,
and we have already had quite a few for this early in the season.
Beginning May 1, we increased our awareness efforts around weed abatement and
defensible space creation, sending weed abatement notices, revamping our website
messages, and increasing our social media presence to include a new livestreamed
Fire Prevention Fridays regular feature. One of the messages we are stressing is
that weed abatement work performed by arborists, landscapers, and similar service
professionals is in compliance with County Health Orders related to COVID-19. The
deadline for weed abatement work across the County is June 1, and we plan to
implement our inspection program soon thereafter.
We have initiated conversations with managers of public access lands such as
EBMUD, EBRP, and Contra Costa Water District encouraging these entities to re-
evaluate their current management plans as they relate to public access during Red
Flag Fire Weather. We are suggesting stricter policies leading to critical fire weather
closures of public lands in the wildland urban interface. Historically, closures of
these lands are rare. However, with the severity of our fire seasons increasing, we
would like to see proactive approaches to mitigating risks to the public.
COVID-19 Crisis Management. Our employee protection protocols continue to
perform well, helping us hold the line on infections while serving to protect our
patients. We are hopeful to continue this positive record of accomplishment but are
maintaining contingency plans should an eventual increase in infections occur. We
continue to monitor the situation and remain prepared to adapt to the changing
situation, as may become necessary.
Logistically, we either have sufficient stocks of PPE already existing or plans in place
to acquire the PPE required for our immediate and expected needs.
May 26, 2020 Contra Costa County Fire Protection District 19
Fire Chief’s Report – May 26, 2020
Page 2
Based on recommendations from County Health, we are exploring options for
regular testing of asymptomatic personnel.
As we move through the lifecycle of this outbreak, we are aware that a second
infection danger point will come near its end, when complacency might lead to a
spike in infections. For this reason, we continue to maintain and emphasize our
effective protection protocols with all employees.
We have initiated conversations with Red Cross, Contra Costa County OES and
CalFire regarding fire season and other evacuations and sheltering orders while we
remain under COVID-19 conditions and precautions. We have identified some
solutions to the unique challenges presented and will continue to collaborate with
our partners.
Academy 55 Update. Academy 55 continues to make progress toward graduation in
mid-July when we expect to add five experienced Firefighter-Paramedics to the
District’s ranks.
Engineer Academies. The Training Division developed and implemented a series of
Engineer Academies as professional development for recently promoted engineers
and to prepare non-probationary firefighters and firefighter/paramedics to compete
for promotion. Each of the all-day academies focused on increasing engine
driver/operator knowledge and aptitudes. A total of three academies, one per shift,
have been held throughout the month of May with more than 50 firefighters
participating.
Fire Control Worker Program. Training kicked off in early May for the initial crew of
12 employees. Training was completed and this first crew became operational on
May 20, well before the height of this year’s fire season. The crew is working out of
Fire Station 12 in Martinez and will be available Wednesday through Sunday for
weed abatement work and wildfire suppression support. W e now anticipate the
planned second crew will be implemented in spring 2021.
REACH Partnership. Preparations for Con Air 1’s additional hoist rescue and fire
suppression continue with the intention of operationalizing both ahead of the height
of fire season later this summer. Con Air 1 continues to operate, along with Con Air
2, in its air ambulance-only role.
May 26, 2020 Contra Costa County Fire Protection District 20
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180
Telephone: (925) 941 -3300 • Fax: (925) 941 -3309 • www.cccfpd.org
May 26, 2020
TO: Board of Directors
FROM: Lewis T. Broschard III, Fire Chief
RE: Fire Chief’s Report
______________________________________________________________________
Fire Season Planning. As the COVID-19 pandemic seems to be plateauing for the
time being, we have turned our attention to what promises to be another challenging
fire season. We declared May 15 the official start of the season in the District. This
means we are now dispatching full responses of 4 fire engines to vegetation fires, of
which we have already had quite a few for this early in the season.
Beginning May 1, we increased our awareness efforts around weed abatement and
defensible space creation, sending weed abatement notices, revamping our website
messages, and upping our social media presence to include a new livestreamed Fire
Prevention Fridays regular feature. One of the messages we are stressing is that
weed abatement work performed by arborists, landscapers, and similar service
professionals is in compliance with County Health Orders related to COVID-19. The
deadline for weed abatement work across the County is June 1 and we are planning
on implementing our inspection program soon thereafter.
COVID-19 Crisis Management. Our employee protection protocols continue to
perform well, helping us hold the line on infections while serving to protect our
patients. We are hopeful to continue this positive record of accomplishment but are
maintaining contingency plans should an eventual increase in infections occur. We
continue to monitor the current situation and are prepared to adapt to changes, as
may become necessary.
Logistically, we currently have sufficient stocks of most PPE and plans in place to
acquire additional supplies, if needed. Gowns are the one item of PPE that is in
short supply.
Based on recommendations from County Health, we are exploring options for
regular monthly testing of asymptomatic personnel.
As we move through the lifecycle of this outbreak, we are aware that a second
infection wave could come later this year. For this reason, we continue to maintain
and emphasize our effective protection protocols with all employees.
We have initiated conversations with Red Cross, Contra Costa County OES and
C AL Fire regarding fire season evacuations and sheltering issues while we remain
May 26, 2020 Contra Costa County Fire Protection District 21
Fire Chief’s Report – May 26, 2020
Page 2
under COVID-19 conditions and precautions. We have identified some solutions to
the unique challenges presented and will continue to collaborate with our partners.
Academy 55 Update. Academy 55 continues to make progress toward graduation in
mid-July when we expect to add five experienced Firefighter-Paramedics to the
District’s ranks.
Engineer Academies. Teaching our people how to drive and operate fire apparatus
safely and competently is a major training and safety objective of our organization.
The Training Division developed and implemented a series of Engineer Academies
as professional development for recently promoted engineers, and to prepare non-
probationary firefighters and firefighter/paramedics to compete for promotion. Each
of the all-day academies focused on increasing engine driver/operator knowledge
and aptitudes. A total of three academies, one per shift, has been held throughout
the month of May with more than 50 firefighters participating.
Fire Control Worker Program. Training kicked off in early May for the initial crew of
12 employees. Training was completed and our first crew became operational on
May 20, well before the height of this year’s fire season. It is working out of Fire
Station 12 in Martinez, with two experienced fire captain supervisors, and will be
available Wednesday through Sunday for weed abatement work and wi ldfire
suppression support.
REACH Partnership. Preparations for Con Air 1’s additional hoist rescue and fire
suppression capabilities continue with the intention of operationalizing both ahead of
the height of fire season later this summer. Con Air 2 is currently unstaffed due to
reduced call volume. It continues to be stationed at Buchanan Field where it can be
staffed on short notice when needed. We are meeting with REACH every two weeks
to evaluate call volume and necessary helicopter capacity.
Emergency Call Volume. Overall 911 incoming call volume to our communications
center, total emergency responses, and total ambulance transports has started to
increase slightly from recently sustained low levels.
Assistance to Firefighters Grant for PPE. We applied for a $100,000 grant to
support additional PPE for current and potential needs related to pandemic
response. We anticipate hearing back from FEMA within the next 30 days on the
outcome of the grant application.
New Wildland Fire Apparatus. Two new Type 6 wildland fire engines will be placed
in service at Fire Station 88 (Antioch) and Fire Station 85 (Pittsburg). A new 2000-
gallon water tender is in service at Fire Station 5 (Pleasant Hill). Another water
tender is in the final stages of preparation and should be delivered within the next 2
months.
May 26, 2020 Contra Costa County Fire Protection District 22
RECOMMENDATION(S):
ADOPT Resolution No. 2020/3 approving the Memorandum of Understanding (MOU) between Contra
Costa County Fire Protection District and United Chief Officers Association (UCOA) implementing
negotiated wage agreements and other economic terms and conditions of employment beginning July 1,
2020 through June 30, 2023.
FISCAL IMPACT:
The estimated cost of the negotiated contract is: $221,000 for 2020/21; $443,000 for FY 2021/22; and
$664,000 for FY 2022/23. The three year contract has an estimated total cost of $1.3 million.
BACKGROUND:
United Chief Officers Association (UCOA) began bargaining with Contra Costa County Fire Protection
District April 14, 2020. An agreement was reached on April 21 and ratified on April 23, 2020.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director
D.5
To:Contra Costa County Fire Protection District Board of Directors
From:David Twa, County Administrator
Date:May 26, 2020
Contra
Costa
County
Subject:Memorandum of Understanding between CCC Fire Protection District and United Chief Officers Association (UCOA)
May 26, 2020 Contra Costa County Fire Protection District 23
BACKGROUND: (CONT'D)
>
The resulting Memorandum of Understanding (MOU), which is attached, includes modifications to the
bargaining unit, wages, retirement, healthcare, and other benefit changes. In summary, those changes are
as follows:
Term (Section 35.4)
The term of the agreement is July 1, 2020 – June 30, 2023.
Salaries (Section 5.1)
Effective July 1, 2020, base rate of pay will be increased by 5%.
Effective July 1, 2021, base rate of pay will be increased by 5%.
Effective July 1, 2022, base rate of pay will be increased by 5%.
Premium Payments (Section 14.9)
Replaced reference to “Auditor-Controller” with “Human Resources
Department – Benefits Division.”
District Dental Plan Premium Subsidy On and After January 1, 2014 (Section 14.5)
Renamed dental plans to remove outdated DeltaCare “PMI” language and other
cleanup.
Battalion Reassignments (Section 28.3)
Modified language to remove redundant language and process.
Schedule Reassignments (Section 28.4)
Modified language to remove redundant language and process.
Sick Leave Utilization for Pregnancy Disability (Section 11.3)
Amended Section 11.3 to clarify eligibility and usage of sick leave when used
in conjunction with Pregnancy Disability Leave.
Included language regarding employee eligibility to utilize leave for child
bonding under the FMLA and CFRA.
Leave of Absence (Section 13)
Amended multiple areas of Section 13 to include references to FMLA and
CFRA.
Clarified language in Section 13.2 regarding process and circumstances where
leave without pay may be taken.
Amended the process for certification of FMLA/CFRA leaves in Section 11.3
and remove redundant language.
Amended definitions and criteria under Section 13.8.
Updated Military leave language to align with Federal Uniformed Services
Employment & Reemployment Rights Act (USERRA), limiting period to a
maximum of five (5) years, plus ninety (90) days.
Amended timeframe for reinstatement from FMLA/CFRA leave to a
comparable position to sixty days.
Extended Coverage (Section 14.10)
Specified that late payment shall result in cancellation of health plan coverage
for employees on an approved leave of absence without pay.
Re-ordered, re-numbered, and cleaned-up MOU sections as needed.
CONSEQUENCE OF NEGATIVE ACTION:
May 26, 2020 Contra Costa County Fire Protection District 24
Employees will be without a contract.
CLERK'S ADDENDUM
Speaker: Vito Impastato, President United Chief Officers.
AGENDA ATTACHMENTS
Resolution 2020/3
MOU UCOA 7-1-20 thru 6-30-23
MINUTES ATTACHMENTS
Signed Resolution No. 2020/3
May 26, 2020 Contra Costa County Fire Protection District 25
THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Adopted this Resolution on 05/26/2020 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2020/3
IN THE MATTER OF: The Memorandum of Understanding (MOU) between Contra Costa County Fire Protection District
(District) and United Chief Officers Association (UCOA).
The Contra Costa County Board of Supervisors acting solely in its capacity as ex-officio Governing Board of the Contra Costa
County Fire Protection District RESOLVES THAT:
The Memorandum of Understanding (MOU) between Contra Costa County Fire Protection District and United Chief Officers
Association (UCOA) providing for wages, benefits and other terms and conditions of employment for the period of July 1, 2020
through June 30, 2023, for those classifications represented by the United Chief Officers Association is ADOPTED. A copy of
the MOU is attached.
Contact: Lisa Driscoll, County Finance Director (925)
335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director
May 26, 2020 Contra Costa County Fire Protection District 26
May 26, 2020 Contra Costa County Fire Protection District 27
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
AND
UNITED CHIEF OFFICERS ASSOCIATION
JULY 1, 2020 – JUNE 30, 2023
May 26, 2020 Contra Costa County Fire Protection District 28
i
UNITED CHIEF OFFICERS ASSOCIATION
TABLE OF CONTENTS
SECTION 1 RECOGNITION
1.1 Association Recognition ............................................................... 4
1.2 Name ............................................................................................ 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ............................................................................ 4
2.2 Association Dues Form ................................................................. 4
2.3 Maintenance of Membership ......................................................... 5
2.4 Withdrawal of Membership ........................................................... 5
2.5 Communicating With Employees .................................................. 5
2.6 Use of District Buildings ................................................................ 6
2.7 Advance Notice ............................................................................. 6
2.8 List of Employees with Dues Deduction ........................................ 7
2.9 Assignment of Classes to Bargaining Units .................................. 7
2.10 Written Statement for New Employees ......................................... 7
SECTION 3 DISCRIMINATION PROHIBITED ................................................. 7
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ................................................................ 8
4.2 Association Representatives......................................................... 9
SECTION 5 SALARIES
5.1 Wages .......................................................................................... 9
5.2 Entrance Salary ............................................................................ 9
5.3 Anniversary Dates ........................................................................ 9
5.4 Increments Within Range ........................................................... 10
5.5 Part-Time Compensation ............................................................ 11
5.6 Compensation for Portion of Month ............................................ 11
5.7 Position Reclassification ............................................................. 11
5.8 Salary Reallocation and Salary on Reallocation ......................... 11
5.9 Salary on Promotion ................................................................... 12
5.10 Salary on Involuntary Demotion .................................................. 12
5.11 Salary on Voluntary Demotion .................................................... 13
5.12 Acting in a Higher Class ............................................................. 13
5.13 Payment ..................................................................................... 13
5.14 Pay Warrant Errors ..................................................................... 13
SECTION 6 ADDITIONAL HOURS
6.1 Overtime Compensation ............................................................. 14
6.2 Annual Administrative Leave ...................................................... 15
SECTION 7 ACTING BATTALION CHIEF ASSIGNMENTS ......................... 15
May 26, 2020 Contra Costa County Fire Protection District 29
ii
SECTION 8 ASSOCIATION NOTIFICATION ................................................ 15
SECTION 9 HOLIDAYS
9.1 Holidays Observed ..................................................................... 15
9.2 Forty (40) Hour Employees ......................................................... 16
9.3 Fifty-Six (56) Hour Employees .................................................... 16
9.4 General Terms ............................................................................ 16
9.5 Permanent Part-Time Employees ............................................... 16
SECTION 10 VACATION LEAVE
10.1 General Provisions ..................................................................... 16
10.2 Vacation Accrual Rates .............................................................. 17
10.3 Accrual During Leave Without Pay ............................................. 17
10.4 Pro-rated Accruals ...................................................................... 17
10.5 Vacation Buy Back ...................................................................... 17
10.6 Vacation Allowance for Separated Employees ........................... 18
10.7 Vacation Leave on Reemployment from a Layoff List ................. 18
SECTION 11 SICK LEAVE
11.1 Purpose ...................................................................................... 18
11.2 Credit Accrued and Charges Against Sick Leave ....................... 18
11.3 Policies Governing the Use of Paid Sick Leave .......................... 19
11.4 Prohibited Uses of Paid Sick Leave ............................................ 22
11.5 Sick Leave Incentive Plan ........................................................... 22
SECTION 12 NUMBER OF SHIFT BATALLION CHIEFS
OFF ON ELECTIVE LEAVE ....................................................... 23
SECTION 13 LEAVE OF ABSENCE
13.1 Leave Without Pay ...................................................................... 23
13.2 General Administration – Leaves of Absence ............................. 23
13.3 Military Leave .............................................................................. 24
13.4 Family Care Leave or Medical Leave ......................................... 24
13.5 Certification ................................................................................. 25
13.6 Intermittent Use of Leave ............................................................ 25
13.7 Aggregate Use for Parents ......................................................... 25
13.8 Definitions ................................................................................... 25
13.9 Pregnancy Disability Leave......................................................... 26
13.10 Group Health Plan Coverage ...................................................... 26
13.11 Leave Without Pay-Use of Accruals ........................................... 27
13.12 Leave of Absence Replacement and Reinstatement .................. 27
13.13 Reinstatement From Family Care/ Medical Leave ...................... 27
13.14 Salary Review While on Leave of Absence ................................ 28
13.15 Unauthorized Absence ............................................................... 28
May 26, 2020 Contra Costa County Fire Protection District 30
iii
SECTION 14 HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.1 Health Plan ................................................................................. 28
14.2 Contra Costa Health Plan (CCHP) .............................................. 28
14.3 CalPERS Health Plan Monthly Premium Subsidy ....................... 28
14.4 Dental Plan ................................................................................. 29
14.5 District Dental Plan Premium Subsidy On and After 1/1/4 .......... 29
14.6 Rate Information ......................................................................... 31
14.7 Life Insurance Benefit Under Health and Dental Plans ............... 31
14.8 Life Insurance Contribution ......................................................... 31
14.9 Premium Payments .................................................................... 31
14.10 Extended Coverage .................................................................... 32
14.11 Retirement Coverage .................................................................. 32
14.12 Dual Coverage ............................................................................ 33
14.13 Management Life Insurance ....................................................... 33
14.14 PERS Long Term Care ............................................................... 34
14.15 Health Care Spending Account ................................................... 34
14.16 Long-Term Disability Insurance .................................................. 34
14.17 Dependent Care Assistance Program ........................................ 34
14.18 Voluntary Vision Plan .................................................................. 34
14.19 Prevailing Section ....................................................................... 34
SECTION 15 PROBATIONARY PERIOD
15.1 Duration ...................................................................................... 35
15.2 Classes with Changed Probationary Periods .............................. 35
15.3 Probationary Period Time ........................................................... 35
15.4 Rejection During Probation ......................................................... 35
15.5 Regular Appointment .................................................................. 36
15.6 Layoff During Probation .............................................................. 36
15.7 Rejection During Probation of Layoff Employee ......................... 37
SECTION 16 PROMOTION
16.1 Promotion ................................................................................... 37
16.2 Promotion Policy ......................................................................... 37
16.3 Promotion Via Reclassification Without Examination .................. 37
16.4 Requirements for Promotional Standing ..................................... 37
16.5 Seniority Credits ......................................................................... 38
16.6 Physical Examination as Part of Promotional Examination ......... 38
SECTION 17 RESIGNATIONS
17.1 Resignation in Good Standing .................................................... 38
17.2 Constructive Resignation ............................................................ 38
17.3 Effective Resignation .................................................................. 39
17.4 Revocation .................................................................................. 39
17.5 Coerced Resignations ................................................................ 39
May 26, 2020 Contra Costa County Fire Protection District 31
iv
SECTION 18 DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN
SALARY
18.1 Cause for Dismissal, Suspension, Demotion
and Reduction in Salary .............................................................. 40
18.2 Skelly Requirements ................................................................... 41
18.3 Leave Pending Employee Response .......................................... 41
18.4 Suspensions Without Pay ........................................................... 41
18.5 Procedure on Dismissal, Suspension or Disciplinary Demotion .. 41
SECTION 19 MANAGEMENT COMPLAINT PROCEDURE
19.1 Management Complaint Procedure ............................................ 42
19.2 Scope of Adjustment Board and Arbitration Decisions ............... 44
19.3 Clarification on Time Limits of the Complaint Procedure ............ 44
19.4 Representation Outside of Association ....................................... 44
19.5 Compensation Complaints .......................................................... 45
19.6 No Strike ..................................................................................... 45
19.7 Merit Board ................................................................................. 45
19.8 Complaint Filing .......................................................................... 45
19.9 Letter of Reprimand .................................................................... 45
SECTION 20 EMPLOYEE REPRESENTATION RIGHTS ............................... 46
SECTION 21 RETIREMENT CONTRIBUTION
21.1 Payment of Employee Contributions ........................................... 46
21.2 Safety Employees Retirement .................................................... 46
SECTION 22 SAFETY ..................................................................................... 47
SECTION 23 MILEAGE ................................................................................... 48
SECTION 24 UNIFORM ALLOWANCE ........................................................... 48
SECTION 25 CERTIFICATION REQUIREMENTS
25.1 Required Certifications ............................................................... 48
25.2 General Terms ............................................................................ 48
SECTION 26 OTHER TERMS OF EMPLOYMENT
26.1 Longevity Pay ............................................................................. 49
26.2 Deferred Compensation Incentive .............................................. 49
26.3 Training ....................................................................................... 50
26.4 Educational Incentive Program ................................................... 50
26.5 Management Development Policy .............................................. 51
26.6 Professional Development Reimbursement ................................ 51
26.7 Bilingual Pay Differential ............................................................. 51
26.8 Emergency Recall and Standby Differential ............................... 52
SECTION 27 SPECIAL ASSIGNMENT PRE-APPROVAL .............................. 52
May 26, 2020 Contra Costa County Fire Protection District 32
v
SECTION 28 DAYS AND HOURS OF WORK
28.1 Definitions ................................................................................... 52
28.2 Designated Workweek and Work Schedules .............................. 53
28.3 Battalion Reassignments ............................................................ 53
28.4 Schedule Reassignments ........................................................... 53
28.5 Designation of Assignments ....................................................... 54
28.6 Time Reporting and Pay Practices Waiver ................................. 54
SECTION 29 MAXIMUM CONTINUOUS WORK HOURS ............................... 54
SECTION 30 BATTALION CHIEF OPENINGS ............................................... 54
SECTION 31 SERVICE AWARDS ................................................................... 54
SECTION 32 DEFINITIONS FOR SERVICE AWARDS
AND VACATION ACCRUALS ................................................... 55
SECTION 33 UNFAIR LABOR PRACTICE ..................................................... 55
SECTION 34 ADOPTION ................................................................................. 55
SECTION 35 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
35.1 Scope of Agreement ................................................................... 55
35.2 Separability of Provisions ........................................................... 57
35.3 Personnel Management Regulations .......................................... 57
35.4 Duration of Agreement ................................................................ 57
May 26, 2020 Contra Costa County Fire Protection District 33
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
UNITED CHIEF OFFICERS ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the
authority contained in Board of Supervisors Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
the Contra Costa County Board of Supervisors in its capacity as ex-officio
Governing Board of the Contra Costa County Fire Protection District as provided
in Board Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in the Fire
Management Unit and have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on matters relating to the
employment conditions and employer-employee relations covering such
employees.
For the purposes of this Memorandum of Understanding, Fire Protection District
UCOA Personnel Bulletins on the subject of Time Off to Vote (4), Sick Leave (2),
Smoking (24), Violence in the Workplace (23), Address & Telephone Numbers
(33), Political Activities (32), Sexual Harassment (31), Driver’s License (35), and
Facilities, Vehicles & Equipment (34) are incorporated by reference to this
Memorandum of Understanding and are made a part hereof as if fully set forth
herein.
This Memorandum of Understanding shall be presented to the Contra Costa
County Board of Supervisors in its capacity as ex-officio Governing Board of the
Contra Costa County Fire Protection District as the joint recommendation of the
undersigned for terms and conditions of employment for the term set forth herein.
In the event provisions of this Memorandum of Understanding contradict any
resolution, administrative bulletin or personnel rules of the County or District, the
terms of this Memorandum of Understanding shall prevail.
May 26, 2020 Contra Costa County Fire Protection District 34
DEFINITIONS
UCOA 2 of 56 2020-2023 MOU
DEFINITIONS
A. Appointing Authority: Fire Chief unless otherwise provided by statute or
ordinance.
B. Association: The United Chief Officers Association of the Contra Costa
County Fire Protection District (UCOA).
C. Board: Board of Supervisors in its various capacities.
D. Class: a group of positions sufficiently similar with respect to the duties
and responsibilities that similar selection procedures and qualifications
may apply and that the same descriptive title may be used to designate
each position allocated to the group.
E. Class Title: the designation given to a class, to each position allocated to
the class, and to the employees allocated to the class.
F. County: Contra Costa County.
G. Demotion: the change of a permanent employee to another position in a
class allocated to a salary range for which the top step is lower than the
top step of the class which the employee formerly occupied except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding or in the Personnel Management
Regulations.
H. District: Contra Costa County Fire Protection District.
I. Director of Human Resources: the person designated by the County
Administrator to serve as the Assistant County Administrator-Director of
Human Resources.
J. Eligible: any person whose name is on an employment or reemployment
or layoff list for a given class.
K. Employee: a person who is an incumbent of a position or who is on leave
of absence in accordance with provisions of this Memorandum of
Understanding and whose position is held pending the employee's return.
L. Employment List: a list of persons, who have been found qualified for
employment in a specific class.
M. Layoff List: means a list of persons who have occupied positions allo -
cated to a class in the Merit System and who have been involuntarily
separated by layoff or displacement; or demoted by displacement; or have
voluntarily demoted in lieu of layoff or displacement; or have transferred in
lieu of layoff or displacement.
May 26, 2020 Contra Costa County Fire Protection District 35
DEFINITIONS
UCOA 3 of 56 2020-2023 MOU
N. Merit System: the Contra Costa County Merit System.
O. Permanent-Intermittent Position: any position which requires the services
of an incumbent for an indefinite period but on an irregularly scheduled,
less than full-time basis.
P. Permanent Part-Time Position: any position which will require the
services of an incumbent for an indefinite period but on a regularly
scheduled, less than full-time basis.
Q. Personnel: the same as employee.
R. Permanent Position: any position which has required, or which will require
the services of an incumbent without interruption, for an indefinite period.
S. Project Employee: an employee who is engaged in a time-limited program
or service by reason of limited or restricted funding. Such positions are
typically funded from outside sources but may be funded from District
revenues.
T. Promotion: the change of a permanent employee to another position in a
class allocated to a salary range for which the top step is higher than the
top step of the class which the employee formerly occupied, except as
provided for under "Transfer" or as otherwise pro vided for in this
Memorandum of Understanding or in the Personnel Management
Regulations.
U. Position: the assigned duties and responsibilities calling for the regular
full-time, part-time or intermittent employment of a person.
V. Reallocation: the act of reassigning an individual position from one class
to another class at the same range of the salary schedule or to a class
which is allocated to another range that is within five (5) percent of the top
step, except as otherwise provided for in the Personnel Management
Regulations or other ordinances.
W. Reclassification: the act of changing the allocation of a position by raising
it to a higher class or reducing it to a lower class on the basis of significant
changes in the kind, difficulty or responsibility of duties performed in such
position.
X. Reemployment List: a list of persons, who have occupied positions
allocated to any class in the merit system and, who have volun tarily
separated and are qualified for consideration for reappointment under the
Personnel Management Regulations governing reemployment.
Y. Resignation: the voluntary termination of permanent employment with the
District.
May 26, 2020 Contra Costa County Fire Protection District 36
SECTION 1 – RECOGNITION
UCOA 4 of 56 2020-2023 MOU
Z. Transfer: the change of an employee who has permanent status in a
position to another position in the same class in a different department, or
to another position in a class which is allocated to a range on the salary
plan that is within five (5) percent at top step as the class previously
occupied by the employee.
SECTION 1 – RECOGNITION
1.1 Association Recognition. The Association is the formally recognized
employee organization for the Fire Management Unit and such organization has
been certified as such pursuant to Chapter 34-12 of Board of Supervisors’
Resolution 81/1165 by Board Order dated December 1, 1998. Represented
classes in this unit are:
Battalion Chief (RPHA, RPHE), and
Chief, Fire Emergency Medical Services (RPHD)
1.2 Name. The United Chief Officers Association of the Contra Costa County
Fire Protection District shall at times be referred to herein as “Association”.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Resolution 81/1165 Chapter 34 -26 only a
majority representative may have dues deduction and as such the Association
has the exclusive privilege of dues deduction for all members in its unit.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Association unless such authorization is canceled in writing
by the employee in accordance with the provisions set forth in Section 2.4 –
Withdrawal of Membership. The dues deduction shall be for a specified amount
and uniform between members of the Association. The Association shall
indemnify, defend, and hold the District harmless against any claims made and
against any suit instituted against the District on account of dues deduction. The
Association shall refund to the District any amounts paid to it in error upon the
presentation of supporting evidence.
2.2 Association Dues Form. Employees hired in classifications assigned to
the unit represented by the Association shall, as a condition of employment at the
time of employment, complete an Association dues authorization card provided
by the Association and shall have deducted from their paychecks the
membership dues of the Association. Said employees shall have thirty (30) days
from the date of hire to decide if they do not want to become a member of the
Association.
Such decision not to become a member of the Association must be made in
writing to the Auditor-Controller with a copy to the Labor Relations Service Unit
May 26, 2020 Contra Costa County Fire Protection District 37
SECTION 2 - ASSOCIATION SECURITY
UCOA 5 of 56 2020-2023 MOU
within said thirty (30) day period. If the employee decides not to become a
member of the Association, any Association dues previously deducted from the
employee's paycheck during that thirty (30) day period shall be returned to the
employee and said amount shall be deducted from the next dues deduction
check sent to the Association. If the employee does not notify the County in
writing of the decision not to become a member within the thirty (30) day period,
the employee shall be deemed to have voluntarily agreed to pay the dues of the
Association. Each such dues authorization form referenced above shal l include
a statement that the Association and the District have entered into a
Memorandum of Understanding, that the employee is required to authorize
payroll deductions of Association dues as a condition of employment, and that
such authorization may be revoked within the first thirty (30) days of employment
upon proper written notice by the employee within said thirty (30) day period as
set forth above. Each such employee shall, upon written completion of the
authorization form, receive a copy of said a uthorization form which shall be
deemed proper notice of the employee's right to revoke said authorization.
2.3 Maintenance of Membership. All employees in the unit represented by
the Association who are currently paying dues to the Association and all
employees in such units who hereafter become members of the Association
shall, as a condition of continued employment, pay dues to the Association for
the duration of this Memorandum of Understanding and each year thereafter so
long as the Association continues to represent the position to which the
employee is assigned, unless the employee has exercised the option to cease
paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between May 1 to May 31 of any year, any employee may
withdraw from Association membership and discontinue paying dues as of the
payroll period commencing June 1st, and reflected in the July 10th paycheck.
Immediately upon the close of the above -mentioned thirty (30) day period, the
Auditor-Controller shall submit to the Association a list of the employees who
have rescinded their authorization for dues deduction.
2.5 Communicating With Employees. The Association shall be allowed to
use designated portions of bulletin boards or display areas in public portions of
District buildings or in public portions of offices in which there are employees
represented by the Association, provided the communications displayed have to
do with official organization business such as times and places of meetings and
further provided that the Association appropriately posts and removes the
information. The Fire Chief reserves the right to remove objectionable materials.
Representatives of the Association, not on District time, shall be permitted to
place a supply of employee literature at specific locations in District buildings if
arranged through the Employee Relations Officer; said representatives may
distribute employee organization literature in areas designated b y the Fire Chief if
the nature of the literature and the proposed method of distribution are
compatible with the work environment and work in progress. Such placement
and/or distribution shall not be performed by on-duty employees.
May 26, 2020 Contra Costa County Fire Protection District 38
SECTION 2 - ASSOCIATION SECURITY
UCOA 6 of 56 2020-2023 MOU
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact an Association
officer on a matter within the scope or representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the Fire Chief or
designee(s) and the visit will not interfere with the District services.
2.6 Use of District Buildings. The Association shall be allowed the use of
areas normally used for meeting purposes for meetings of District employees
during non-work hours when:
A. such space is available and its use by the Association is scheduled
twenty-four (24) hours in advance;
B. there is no additional cost to the District;
C. it does not interfere with normal District operations;
D. employees in attendance are not on duty and are not scheduled for duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition. The use
of District equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, and whiteboards) is strictly prohibited, even
though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and
to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery of a
copy of the proposal at least twenty-four (24) hours before the item will be heard,
shall constitute notice.
May 26, 2020 Contra Costa County Fire Protection District 39
SECTION 3 – DISCRIMINATION PROHIBITED
UCOA 7 of 56 2020-2023 MOU
In cases of emergency when the Board, or boards and commissions designated
by the Board, determines it must act immediately without such notice or mee ting
it shall give notice and opportunity to meet as soon as practical after its action.
2.8 List of Employees with Dues Deduction. The District shall provide the
Association with a monthly list of employees who are paying dues to the
Association and a monthly list of employees who are paying health and welfare
deductions to the Association.
2.9 Assignment of Classes to Bargaining Units. The Labor Relations
Manager shall assign new classes in accordance with the following procedure:
a. Initial Determination: When a new class title is established, the Labor
Relations Manager shall review the composition of existing representation
units to determine the appropriateness of including some or all of the
employees in the new class in one or more existing rep resentation units,
and within a reasonable period of time shall notify all recognized employee
organizations of the determination.
b. Final Determination: The Labor Relations Manager’s determination is final
unless within ten (10) days after notification a recognized employee orga-
nization requests in writing to meet and confer thereon.
c. Meet and Confer and other Steps: The Labor Relations Manager shall
meet and confer with such requesting organizations (and with other
recognized employee organizations where appropriate) to seek agreement
on this matter within sixty (60) days after the ten-day period in subsection
(b), unless otherwise mutually agreed. Thereafter, the procedures in
cases of agreement and disagreement, arbitration referral and expense s,
and criteria for determination shall conform to those in Subsections (d)
through (i) of Section 34-12.008 of Resolution 81/1165.
2.10 Written Statement for New Employees. The District will provide a writ-
ten statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee's
classification is represented by the Association and the name of a representative
of the Association. The County will provide the employee with a packet of
information, which has been supplied by the Association and approved by the
County.
SECTION 3 – DISCRIMINATION PROHIBITED
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
disabled person solely because of such disability unless that disability prevents
May 26, 2020 Contra Costa County Fire Protection District 40
SECTION 4 - OFFICIAL REPRESENTATIVES
UCOA 8 of 56 2020-2023 MOU
the person from meeting the minimum standards established for that position or
from carrying out the duties of the position safely.
The District and the Association recognize that the District has an obligation in
accordance with the Americans with Disabilities Act (ADA) to reasonably
accommodate disabled employees. If by reason of the aforesaid requirement the
District contemplates actions to provide reasonable accommodation to an
individual employee to comply with the ADA which are in conflict with any
provision of this MOU, the Association will be advised of such proposed
accommodation. Upon request, the District will meet and confer with the
Association on the impact of such accommodation. If the District and the
Association do not reach agreement, the District may implement the
accommodation without further negotiations.
Nothing in this MOU shall preclude the District from taking actions necessary to
comply with the requirements of the ADA or of any other State or Federal law
governing discrimination, wages or hours. Subject to this provision , the
Association may file a management complaint regarding any action by the
District under this Section alleged by the Association and the employee(s) as a
violation of the MOU.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official
representatives of the Association shall be allowed to attend meetings held by
County/District agencies during regular working hours on District time as follows:
A. if their attendance is required by the District or County at a specific
meeting;
B. if their attendance is sought by a hearing body for presentation of
testimony or other reasons;
C. if their attendance is required for meeting required for settlement of
complaints filed pursuant to Section 19 - Management Complaint
Procedure, of this Memorandum;
D. if they are designated as an official representative, in which case they may
utilize a reasonable time at each level of the proceedings to assist an
employee to present a complaint;
E. if they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions; provided
in each case advance arrangements for time away from the employee's
work station or assignment are made with the Fire Chief and the District or
County agency calling the meeting is responsible for determining that the
attendance of the particular employee(s) is required;
May 26, 2020 Contra Costa County Fire Protection District 41
SECTION 5 - SALARIES
UCOA 9 of 56 2020-2023 MOU
F. if their attendance does not conflict with Fire District emergency
operations.
4.2 Association Representatives. Official representatives of the United
Chief Officers Association shall be allowed time off on District time for meetings
during regular working hours when formally meeting and conferring in good fai th
or consulting with the Labor Relations Manager or other management
representatives on matters within the scope of representation, and that advance
arrangements for the time away from the work station or assignment are made
with the Fire Chief and their attendance does not conflict with Fire District
emergency operations.
SECTION 5 - SALARIES
5.1 Wages. The wages for all classifications will be as shown in Attachment
A – Class and Salary Listing.
A. Effective the first of the month following adoption by the Board of
Directors of the Contra Costa County Fire Protection District or July 1,
2020, whichever is later, the base rate of pay for all classifications
represented by the Association will be increased by five percent
(5.0%).
B. Effective on July 1, 2021, the base rate of pay for all classifications
represented by the Association will be increased by five percent
(5.0%).
C. Effective on July 1, 2022, the base rate of pay for all classifications
represented by the Association will be increased by five percent
(5.0%).
5.2 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position
to which the appointment is made. However, the appointing authority may fill a
particular position at a step above the minimum of the range.
5.3 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee suc -
cessfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday o f the
month the anniversary date is the first day of the calendar month when the
employee successfully completes six (6) months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.3.A above.
May 26, 2020 Contra Costa County Fire Protection District 42
SECTION 5 - SALARIES
UCOA 10 of 56 2020-2023 MOU
C. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has
been reallocated or reclassified to a class allocated to the same salary
range or to a salary range which is within five percent (5%) of the top step
of the previous classification, remains unchanged.
D. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve a probation period is determined in the same way as the
anniversary date is determined for a new employee who is appointed the
same date, classification and step and who then successfully completes
the required probationary period.
E. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the
County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another governmental
entity to this County's merit system, is one (1) year from the first day of the
calendar month after the calendar month when the employee was
appointed or transferred; provided however, when the appointment or
transfer is effective on the employee's first regularly scheduled work day of
that month, his/her anniversary is one (1) year after the first calendar day
of that month.
F. Performance Evaluation. A performance evaluation is required annually
on or about an employee’s anniversary date.
5.4 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropri ate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.3 –
Anniversary Dates to determine whether the salary of the employee shall be
advanced to the next higher step in the salary range. Advancement shall be
granted on the affirmative recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing authority may
recommend denial of the increment or denial subject to one additional review at
some specified date before the next anniversary which must be set at the time
the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within -range
increment be granted at one time. In case an appointing authority recommends
denial of the within range increment on some particular anniversary date, but
recommends a special salary review, the special salary review shall not affect the
regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the District. If the District verifies in writing that an administrative or clerical
error was made in failing to submit the documents needed to advance an
May 26, 2020 Contra Costa County Fire Protection District 43
SECTION 5 - SALARIES
UCOA 11 of 56 2020-2023 MOU
employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee would
be entitled as a full-time employee under the provisions of this Section 5 as the
number of hours per week in the employee's part-time work schedule bears to
the number of hours in the full-time work schedule of the District.
5.6 Compensation for Portion of Month. Any employee who works less
than any full calendar month, except when on earned vacation, authorized sick
leave, or other authorized paid leave shall receive as compensation for services
an amount which is in the same ratio to the established monthly rate as the
number of days worked is to the actual working days in such employee's normal
work schedule for the particular month; but if the employment is intermittent,
compensation shall be on an hourly basis.
5.7 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range of
the basic salary schedule as is the class of the position before it was reclassified,
shall be paid at the same step of the range as the employee received under the
previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a
lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to a maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified to a
class which is allocated to a range of the basic salary schedule greater than the
range of the class of the position before it was reclassified shall be governed by
the provisions of Section 5.9 Salary on Promotion.
5.8 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall be
compensated at the same step in the new salary range the employee was
receiving in the range to which the class was previously allocated. If the
reallocation is from one salary range with more steps to a range with fewer
steps or vice versa, the employee shall be compensated at the step on the
new range which is in the same percentage ratio to the top step of the new
range as was the salary received before reallocated to the top step of the
old range, but in no case shall any employee be compensated at less than
the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary sche dule,
May 26, 2020 Contra Costa County Fire Protection District 44
SECTION 5 - SALARIES
UCOA 12 of 56 2020-2023 MOU
apart from the general salary increase or decrease described in Section
5.8.A above, each incumbent of a position in the reallocated class shall be
placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
range do not contain the same rates as the old range which is next above
the salary rate received in the old range, or if the new range does not
contain a higher step, at the step which is next lower than the salary
received in the old range.
C. In the event an employee is in a position which is reallocated to a different
class which is allocated to a salary range the same as above or below the
salary range of the employee's previous class, the incumbent shall be
placed at the step in the new class which equals the rate of pay received
before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does
not contain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
5.9 Salary on Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.12 – Acting in a Higher Class, shall receive
the salary in the new salary range which is next higher than the rate received
before the promotion.
In the event this increase is less than five percent (5%), the employee's salary
shall be adjusted to the step in the new range which is at least five percent (5%)
greater than the next higher step; provided however that the next step shall not
exceed the maximum salary for the higher class.
In the event of the appointment of a laid off employee from the layoff list to the
class from which the employee was laid off, the employee shall be appointed at
the step which the employee had formerly attained in that class unless such step
results in a decrease in which case the employee is appointed to the next higher
step. If however, the employee is being appointed into a class allocated to a
higher salary range than the class from which the employee was laid off, the
salary will be calculated from the highest step the employee achieved prior to
layoff, or from the employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted,
except as provided under Section 5.12 – Acting in a Higher Class, shall have
their salary reduced to the monthly salary step in the range for the class of
position to which the employee has been demoted next lower than the sa lary
received before demotion. In the event this decrease is less than five percent
(5%), the employee's salary shall be adjusted to the step in the new range which
is five percent (5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary of the lower class.
May 26, 2020 Contra Costa County Fire Protection District 45
SECTION 5 - SALARIES
UCOA 13 of 56 2020-2023 MOU
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which the employee
would have achieved had the employee been continuously in the position to
which the employee had been demoted, all within-range increments having been
granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of the
class from which the employee demotes, the employee's salary shall remain the
same if the steps in the employee's new (demoted) salary range permit, and if
not, the new salary shall be set at the step next below former salary.
5.12 Acting in a Higher Class. When an employee is required to work in a
higher paid classification, the employee shall receive the higher compensation for
such work, pursuant to the County Salary Regulations, plus any differentials and
incentives the employee would have received in the employee’s regular position.
The higher pay entitlement shall begin on the employee’s forty-first (41st)
consecutive hour in the assignment, for forty (40) hour employees and the fifty-
seventh (57th) consecutive hour in the assignment, for fifty-six (56) hour
employees.
5.13 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due to the employee for the preceding month; provided, however, that each
employee (except those paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which case the Auditor shall, on
the twenty-fifth (25th) day of each month, draw a warrant upon the Treasury in
favor of such employee.
The advance shall be in an amount equal to one -third (1/3) or less at the option
of the employee, of the employee's basic salary of the previous month except
that it shall not exceed the amount of the previous month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.13 all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
5.14 Pay Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as a
May 26, 2020 Contra Costa County Fire Protection District 46
SECTION 6 – ADDITIONAL HOURS
UCOA 14 of 56 2020-2023 MOU
result of a mistake by the Auditor-Controller's Department, it is the policy of the
Auditor-Controller's Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and
holidays from the time the Department is made aware of and verifies that the pay
warrant is in error. If the pay warrant error has occurred as a result of a mistake
by an employee (e.g. payroll clerk) other than the employee who is receiving the
pay, the error will be corrected as soon as possible from the time the department
is made aware that pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current
pay rate but no recovery of either overpayments or underpayments to an
employee shall be made retroactively except for the six (6) month period
immediately preceding discovery of the pay error. This provision shall apply
regardless of whether the error was made by the employee, the appointing
authority or designee, the Director of Human Resources or designee, or the
Auditor-Controller or designee. Recovery of fraudulently accru ed over or
underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and proposed
repayment schedule, the employee may accept the proposed repayment
schedule or may request a meeting through the County Human Resources
Department. If requested, a meeting shall be held to determine a repayment
schedule which shall be no longer than three times (3) the length of time the
overpayment occurred.
SECTION 6 – ADDITIONAL HOURS
6.1 Overtime Compensation. Effective upon ratification, overtime will be
paid at the rate of one and one-half (1 ½) times the Battalion Chief (RPHA) base
rate of pay (not including shift and other special differentials). Overtime shall only
be paid in the following situations:
A. When a Battalion Chief (RPHA, RPHE) replaces an absent Shift Battalion
Chief, provided there is a shift vacancy in a Battalion Chief position and
overtime recall is required to maintain staffing levels;
B. When a represented member is assigned during any of the following
circumstances:
A. Any incident lasting more than 24 hours within the Operational
Area.
B. Mutual aid responses outside of the Operational Area where the
California Fire Assistance Agreement or other reimbursement
mechanism normally applies. Trainee assignments that are self-
initiated and not reimbursable to the District shall not be
compensated.
C. At the Fire Chief’s discretion for anticipated weather events, high
fire danger, increased overhead support for planned events, district
May 26, 2020 Contra Costa County Fire Protection District 47
SECTION 7 – ACTING BATTALION CHIEF ASSIGNMENTS
UCOA 15 of 56 2020-2023 MOU
operations center staffing, or special project work.
The decision to provide or not provide overtime compensation is fully vested in
the Fire Chief, whose decision shall be final and not subject to Section 19 –
Management Complaint Procedure or other procedures for appeal, either within
the County or externally.
6.2 Annual Administrative Leave. Each January 1, employees on a forty
(40) hour schedule and fifty-six (56) hour shift employees shall be credited with
fifty-five (55) and seventy-seven (77) hours, respectively, of paid administrative
leave. This leave time is non-accruable and all balances will be zeroed-out
effective December 31, each year. Permanent part-time employees and
employees hired after January 1 shall have such leave prorated based upon
position hours.
This administrative leave is provided in recognition of those situations outside
Section 6.1 above when Chief Officers are expected to work additional hours
without receiving overtime pay, such as when responding to emergencies,
attending various meetings and working on programs.
SECTION 7 – ACTING BATTALION CHIEF ASSIGNMENTS
Notwithstanding Section 6.1 – Overtime Compensation, except as otherwise
provided in this MOU, the Fire Chief retains the right to make Acting Battalion
Chief assignments at his sole discretion.
Acting Battalion Chief assignments shall not be made as alternatives to Merit
System Promotions.
SECTION 8 – ASSOCIATION NOTIFICATION
When it appears to the Fire Chief and/or Labor Relations Manager that the Board
of Supervisors may take action which will result in the layoff of employees
represented by the Association, the Labor Relations Manager shall notify the
Association of the possibility of such layoffs and shall meet and confer with it
regarding the implementation of the action. The District agrees to give
employees fourteen (14) calendar days notice of layoff except in case of
emergency.
SECTION 9 – HOLIDAYS
9.1 Holidays Observed.
The District will observe the following holidays:
January 1st, known as New Years Day
May 26, 2020 Contra Costa County Fire Protection District 48
SECTION 10 - VACATION LEAVE
UCOA 16 of 56 2020-2023 MOU
Third Monday in January, known as Dr. Martin Luther King Jr. Day
Third Monday in February, known as Presidents’ Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may, by resolution, designate as
holidays.
9.2 Forty (40) Hour Employees. In observance of holidays, forty (40) hour
employees:
1. Observe the ten (10) holidays listed in Section 9.1 above; and
2. Accrue two (2) hours of personal holiday credit per month, up to a
maximum accrual of forty (40) hours.
If any holiday listed in Section 9.1 above falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed above falls on a
Sunday, it shall be celebrated on the following Monday.
9.3 Fifty-Six (56) Hour Employees. In observance of holidays, fifty-six (56)
hour employees accrue four (4) hours of personal holiday credit per month, up to
a maximum accrual of eighty (80) hours.
9.4 General Terms. Personal holiday time may be taken in increments of one
(1) minute. On separation from District service, an employee shall be paid for
any unused personal holiday credits at the employee's then current pay rate.
When moving between 40 and 56 hour schedules, accrual rates and balances
will be converted.
9.5 Permanent Part-Time Employees. Permanent part-time employees
shall receive personal holiday credit on a prorated basis and up to a maximum
accrual of forty (40) hours.
SECTION 10 - VACATION LEAVE
10.1 General Provisions. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time per
calendar month of service and begins on the date of appointment to a permanent
position. Increased accruals begin on the first of the month following the month
in which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour, calculated on the same basis as for partial
month compensation. Vacation credits may be taken in one (1) minute
May 26, 2020 Contra Costa County Fire Protection District 49
SECTION 10 - VACATION LEAVE
UCOA 17 of 56 2020-2023 MOU
increments and may not be rounded. Vacation credits may not be taken during
the first six (6) months of employment – except where sick leave has been
exhausted; and none shall be allowed in excess of actual accrual at the time the
vacation is taken.
10.2 Vacation Accrual Rates. The rates at which employees accrue vacation
credits and the maximum accumulations thereof are as follows:
40 Hour Employees
Monthly Maximum
Accrual Cumulative
Length of Service Completed Hours Hours
Under 11 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
56 Hour Shift Employees
Monthly Maximum
Accrual Cumulative
Length of Service Completed Hours Hours
Under 11 years 14 336
11 years 16 384
13 years 17 408
14 years 18 432
15 through 19 years 19 456
20 through 24 years 24 576
25 through 29 years 28 672
30 years and up 33 792
10.3 Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or unpaid military leave shall accrue any vacation
credit during the time of such leave, nor shall an employee who is absent without
pay accrue vacation credit during the absence.
10.4 Pro-rated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis.
10.5 Vacation Buy Back.
A. Employees may choose reimbursement for up to one -third (1/3) of their
annual vacation accrual, subject to the following conditions:
May 26, 2020 Contra Costa County Fire Protection District 50
SECTION 11 – SICK LEAVE
UCOA 18 of 56 2020-2023 MOU
(1) the choice can be made only once in each calendar year;
(2) payment shall be based on an hourly rate determined by dividing
the employee’s monthly salary by 173.3333 (242.6666 for
employees working a 56 hour schedule);
(3) the maximum number of hours that may be reimbursed in any year
is one-third (1/3) of the annual accrual.
B. In those instances where a lump-sum payment has been made to
employees in lieu of a retroactive general salary adjustment for a portion
of the calendar year, which is subsequent to exercise by an employee of
the buy-back provision herein, that employee’s vacation buy-back shall be
adjusted to reflect the percentage difference in base pay rates upon which
the lump-sum payment was computed – provided that the period covered
by the lump-sum payment was inclusive of the effective date of the
vacation buy-back.
C. Employees promoted or hired by the County into any classification
represented by UCOA on and after April 1, 2012, are not eligible for the
Vacation Buy-Back benefit. However, any employee who was eligible for
a Vacation Buy-Back benefit before promoting into a classification
represented by UCOA will retain that benefit after promoting into a
classification represented by UCOA.
10.6 Vacation Allowance for Separated Employees. On separation from
District service, an employee shall be paid for any unused vacation credits at the
employee’s then current pay rate.
10.7 Vacation Leave on Reemployment from a Layoff List. Employees with
six (6) months or more service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as having completed six (6)
months tenure in a permanent position for the purpose of vacation leave. The
appointing authority or designee will advise the Auditor-Controller's Payroll Unit in
each case where such vacation is authorized so that appropriate Payroll system
override actions can be taken.
SECTION 11 – SICK LEAVE
11.1 Purpose. The primary purpose of paid sick leave is to insure employees
against loss of pay for temporary absences from work due to illness or injury.
Sick leave is a benefit for use in situations within the scope of sick leave policies
and may not be used for vacation or personal activities.
11.2 Credit Accrued and Charges Against Sick Leave. Sick leave credits
accrue at the following rates:
1. Shift Personnel Accruals (56-hour week). Sick leave shall be
accrued at the rate of twelve (12) hours for each completed month
of service.
May 26, 2020 Contra Costa County Fire Protection District 51
SECTION 11 – SICK LEAVE
UCOA 19 of 56 2020-2023 MOU
2. Day Personnel Accruals (40 hour week). Sick leave shall be
accrued at the rate of eight (8) hours for each completed month of
service.
3. General Terms
a. Unused sick leave credits accumulate without limit.
b. Credits to and charges against sick leave shall be made in
minimum amounts of one (1) minute increments and may not
be rounded.
c. When an employee is separated other than through
retirement, accumulated sick leave credits shall be canceled,
unless the separation results from layoff, in which case the
accumulated credits shall be restored if employee is re -
employed in a permanent position within the period of the
individual’s layoff eligibility.
d. As of the date of retirement, an employee’s accumulated
sick leave is converted to retirement time on the basis of one
day of retirement service credit for each day of accumulated
sick leave credit according to the policies and regulations of
the Retirement Office.
11.3 Policies Governing the Use of Paid Sick Leave.
A. Definition of Immediate Family. For the purposes of Section 11,
immediate family shall be restricted to the spouse, domestic partner, son,
stepson, daughter, stepdaughter, father, stepfather, mother, stepmother,
brother, sister, grandparent, grandchild, niece, nephew, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law,
stepbrother, stepsister, foster children, aunt, uncle, or cousin of an
employee and/or any other person for whom the employe e is the legal
guardian or conservator or any person who is claimed as “dependent” for
IRS purposes by the employee.
B. Accumulated paid sick leave credits may be used by an employee in pay
status in the following instances:
1. Temporary Illness or Injury of an Employee. An employee may use
paid sick leave credits when off work because of a temporary
illness or injury.
If an employee does not apply for sick leave and the appointing
authority believes that the employee is not able to properly perform
regularly assigned work or that the general health of the employee
is impaired due to disability, the employee may be required to
undergo a physical examination by a physician selected by the Fire
May 26, 2020 Contra Costa County Fire Protection District 52
SECTION 11 – SICK LEAVE
UCOA 20 of 56 2020-2023 MOU
Chief or the Chief’s designated representative, the cost of such
examination to be borne by the District. Based upon the medical
report, a mandatory sick leave may be imposed upon t he employee
for the duration of the temporary disability.
2. Permanent Disability Sick Leave. Permanent disability means an
employee suffers from a disabling physical injury or illness and is
thereby prevented from engaging in any District occupation for
which the employee is qualified by reason of education, training or
experience. Sick leave may be used by permanently disabled
employees until all accruals of the employee have been exhausted
or until the employee is retired by the Retirement Board, subject to
the following conditions:
a. An application for retirement for disability has been filed with
the Retirement Board.
b. Satisfactory medical evidence of such disability is received
by the appointing authority within 30 days of the start of use
of sick leave for permanent disability.
c. The appointing authority may review medical evidence and
order further examinations as deemed necessary, and may
terminate use of sick leave when such further examination
demonstrates that the employee is not disabled, or when t he
appointing authority determines that the medical evidence
submitted by the employee is insufficient, or when the above
conditions have not been met.
3. Communicable Disease. An employee may use paid sick leave
credits when under a physician’s order to remain secluded due to
exposure to a communicable disease.
4. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom, shall be allowed to u tilize
sick leave credit to the maximum accrued by such employee during
the period of such disability under the conditions set forth below.
a. Application for such leave must be made by the employee to
the appointing authority accompanied by a written statement
of disability from the employee’s attending physician. The
statement must address itself to the employee’s general
physical condition having considered the nature of the work
performed by the employee, and it must indicate the date of
the commencement of the disability as well as the date the
physician anticipates the disability to terminate. The District
retains the right to a medical review of all requests for such
leave.
May 26, 2020 Contra Costa County Fire Protection District 53
SECTION 11 – SICK LEAVE
UCOA 21 of 56 2020-2023 MOU
b. If an employee does not apply for leave and the appointing
authority believes that the employee is not able to properly
perform work or that the employee’s general health is
impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a
physical examination by a physician selected by the District,
the cost of which shall be borne by the District. Should the
medical report so recommend, a mandatory leave shall be
imposed upon the employee for the duration of the disability.
c. If all accrued sick leave has been utilized by the employee,
the employee shall be considered on an approved leave
without pay unless the employee chooses to use vacation or
other non-sick leave accruals.
d. Baby/Child Bonding. To bond with the employee’s newborn
or placement of a child in an employee’s family through
adoption or foster care, an employee eligible for baby/child
bonding leave pursuant to the Family and Medical Leave Act
(FMLA) and California Family Rights Act (CFRA) may use
sick leave credits for such baby/child bonding leave.
5. Medical and Dental Appointments. An employee may use paid sick
leave credits:
a. For working time used in keeping medical and dental
appointments for the employee’s own care;
b. For working time used for prescheduled medical and dental
appointments for an immediate family member.
c. Employees are responsible to schedule personal and family
medical and dental appointments to avoid conflicts with
scheduled workdays as much as possible consistent with
medical necessity.
d. Employees are responsible to notify the District when they
have a scheduled medical or dental appointment on a duty
day. In any emergency situation, the appropriate supervisor
must be contacted immediately.
6. Emergency Care of Family. An employee may use paid sick leave
credits for working time used (1) to personally care for an ill or
injured immediate family member if there is a real need for
someone to render care, no one else is available therefore, and
alternative arrangements for the care of the ill or injured person are
immediately undertaken; or (2) to be present at the bedside of a
seriously ill or injured immediate family member; or (3) to transport
May 26, 2020 Contra Costa County Fire Protection District 54
SECTION 11 – SICK LEAVE
UCOA 22 of 56 2020-2023 MOU
an ill or injured immediate family member to receive medical care if
no one else is available to provide transportation. However, the
time so charged shall not exceed one shift for 56 -hour week
employees and two days for 40-hour week employees. This time
period limit may be extended at the discretion of the Fire Chief.
7. Death of Family Member. An employee may use paid sick leave
credits for working time used because of a death in the employee’s
immediate family or of the employee’s domestic partner; this shall
not exceed three (3) consecutive 24-hour shifts or five (5)
consecutive 8-hour working days without the Fire Chief’s approval.
11.4 Prohibited Uses of Paid Sick Leave. Accumulated sick leave credits
may not be used in the following situations:
1. Self-inflicted Injury. Paid sick leave credits may not be used for
time off work for an employee’s illness or injury when proven to be
purposely self-inflicted or caused by employee’s willful misconduct.
2. Vacation. Paid sick leave credits may not be used for employee’s
illness or injury which occurs while on vacation. However, when
extenuating circumstances exist, the Fire Chief may authorize sick
leave in place of vacation.
3. Not in Pay Status. Paid sick leave credits may not be used when
the employee would otherwise be eligible to use paid sick leave
credits but is not in pay status, i.e., leave of absence, suspension,
etc.
11.5 Sick Leave Incentive Plan. Employees shall be eligible for payoff of
unused sick leave accruals at separation. This program is an incentive fo r
employees to safeguard sick leave accruals as protection against wage loss due
to time lost for injury or illness. Payoff must be approved by the Director of
Human Resources and can be awarded only under the following conditions:
a. The employee must have resigned in good standing
b. Payout is not available if the employee is eligible to retire
c. The balance of sick leave at resignation must be at least seventy percent
(70%) of accruals earned in the preceding continuous period of
employment, excluding any sick leave use covered by the Family and
Medical Leave Act, the California Family Rights Act, or the California
Pregnancy Disability Act.
d. Payout shall be under the following schedule:
May 26, 2020 Contra Costa County Fire Protection District 55
SECTION 12 – NUMBER OF SHIFT BATTALION CHIEFS OFF ON
ELECTIVE LEAVE
UCOA 23 of 56 2020-2023 MOU
Years of Permanent Percent of Unused
Continuous Completed Service Sick Leave Paid
3-5 years 30%
5-7 years 40%
7 plus years 50%
e. No payoff shall be made pursuant to this section unless the Contra Costa
County Employees’ Retirement Association has certified that an employee
requesting a sick leave payoff has terminated membership in and has
withdrawn his or her contributions from the Retirement Association.
f. It is the intent of the Board of Supervisors that payments pursuant to this
section shall preclude County retirement benefits resulting from
employment by the County or Districts governed by the Board.
SECTION 12 – NUMBER OF SHIFT BATTALION CHIEFS OFF ON ELECTIVE
LEAVE
Only one (1) shift Battalion Chief shall be permitted to take time off on vacation,
administrative leave or personal holiday leave per shift at one time provided,
however, that the Fire Chief, at his sole discretion, may approve more than one
(1) shift Battalion Chief off per shift at one time.
SECTION 13 - LEAVE OF ABSENCE
13.1 Leave Without Pay. Any employee who has permanent status may be
granted a leave of absence without pay upon written request, approved by the
appointing authority; provided, however, that leaves under the Pregnancy
Disability Leave Act, Family and Medical Leave Act (FMLA), and California
Family Rights Act (CFRA) shall be granted in accordance with applicable state
and federal law.
13.2 General Administration - Leaves of Absence. Requests for leave
without pay shall be made in writing and shall state specifically the reason for the
request, the date when it is desired to begin the leave, and the probable date of
return.
A. Leave without pay may be granted for any of the following reasons:
1. Employee’s own Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care for family members as defined in Section 13.8;
4. to take a course of study such as will increase the employee's use -
fulness on return to the position;
5. for other reasons or circumstances acceptable to the appointing
authority.
May 26, 2020 Contra Costa County Fire Protection District 56
SECTION 13 - LEAVE OF ABSENCE
UCOA 24 of 56 2020-2023 MOU
B. An employee must request a leave of absence at least thirty (30) days
before the leave is to begin if the need for the leave is foreseeable. If the
need is not foreseeable, the employee must provide written notice to the
employer of the need for leave as soon as possible and practical.
C. A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for additional
periods. The procedure in granting extensions shall be the same as that
in granting the original leave, provided that the request for extension must
be made not later than thirty (30) calendar days before the expiration of
the original leave.
D. Nevertheless, a leave of absence for the employee's serious health
condition or for Family and Medical Leave Act (FMLA), and/or California
Family Rights Act (CFRA) shall be granted to an employee who so
requests it for up to twelve (12) weeks in a rolling twelve (12) month period
in accordance with Section 13.4 below.
E. Whenever an employee who has been granted a leave without any pay
desires to return before the expiration of such leave, the employee shall
provide reasonable notice to the appointing authority in writing at least two
(2) days in advance of the proposed return. The Human Resources
Department shall be notified promptly of such return.
F. Except in the case of leave of absence due to Pregnancy Disability Leave
Act, Family and Medical Leave Act (FMLA), and California Family Rights
Act (CFRA), the decision of the appointing authority on granting or
denying a leave or early return from leave shall be subject to appeal to the
Director of Human Resources and not subject to appeal through t he
grievance procedure set forth in this MOU.
13.3 Military Leave. Any employee who is ordered to serve as a member of
the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast
Guard or any division thereof, shall be granted a military leave for the period of
such service, up to a maximum of five (5) years as permitted by the federal
Uniformed Services Employment & Reemployment Rights Act (USERRA), plus
ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United
States and/or the State Governor in time of emergency, shall be granted a leave
of absence in accordance with applicable federal or state laws. Upon the
termination of such service, or upon honorable discharge, the employee shall be
entitled to return to his/her position in the classified service without any loss of
standing of any kind whatsoever provided such position still exists the employee
is otherwise qualified, and the employee’s cumulative military service does not
exceed five (5) years for reemployment purposes as defined in USERRA.
13.4 Family & Medical leave Act (FMLA)/California Family Rights Act
(CFRA). Upon request to the appointing authority, in any rolling twelve (12)
month period measured backward preceding the start of the FMLA/CFRA leave,
May 26, 2020 Contra Costa County Fire Protection District 57
SECTION 13 - LEAVE OF ABSENCE
UCOA 25 of 56 2020-2023 MOU
any eligible employee shall be entitled to at least twelve (12) weeks leave (less if
so requested by the employee) for:
A. medical leave of absence for the employee's own serious he alth condition
which makes the employee unable to perform the functions of the
employee's position; or
B. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
13.5 Certification. The employee may be asked to provide certification of the
need for Family & Medical leave Act (FMLA) and/or California Family Rights Act
(CFRA).
13.6 Intermittent Use of Leave. The twelve (12) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include
reduced work schedules depending on the specific circumstances and situations
surrounding the request for leave. The twelve (12) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 13.11 below. When paid leave accruals are used for Family & Medical
leave Act (FMLA) and/or California Family Rights Act (CFRA), such time shall be
counted as a part of the twelve (12) week entitlement.
13.7 Aggregate Use for Parents. In the situation where both parents are
employed by the District, the Family & Medical leave Act (FMLA) and/or
California Family Rights Act (CFRA) entitlement based on the birth, adoption or
foster care of a child is limited to an aggregate for both parents together of twelve
(12) weeks during a rolling twelve (12) month period. Employees requesting
FMLA/CFRA are required to advise their appointing authority (ies) when the other
parent is also employed by the District.
13.8 Definitions. For Family & Medical leave Act (FMLA) and/or California
Family Rights Act (CFRA) leaves of absence under this section, the following
definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal
guardian, conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in Family Code Section 300.
May 26, 2020 Contra Costa County Fire Protection District 58
SECTION 13 - LEAVE OF ABSENCE
UCOA 26 of 56 2020-2023 MOU
D. Domestic Partner: As defined in Family Code Section 297.
E. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital, hospice
or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) and
which, for family care leave only, warrants the participation of a family
member to provide care during a period of treatment or supervision, as
defined by state and federal law.
F. Certification for Family and Medical Leave Act (FMLA)/California Family
Rights Act (CFRA). A written communication to the employer from a
health care provider of an employee with a serious health condition or
illness or from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. for family care, an estimate of the frequency and duration of the
leave required to render care or supervision for the family member;
4. for an employee’s serious health condition, a statement whether the
employee is able to work, or is unable to perform one or more of
the essential functions of his/her position;
5. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
work schedule needed for the employee’s serious health condition
or for the care of the employee’s family member and its expected
duration.
G. Comparable Positions. A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
13.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is
used under Section 11.3 (Sick Leave Utilization for Pregnancy Disability), that
time will not be considered a part of the twelve (12) week California Family
Rights Act (CFRA) period.
13.10 Group Health Plan Coverage. Employees who were members of one of
the group health plans prior to commencement of their leave of absence can
May 26, 2020 Contra Costa County Fire Protection District 59
SECTION 13 - LEAVE OF ABSENCE
UCOA 27 of 56 2020-2023 MOU
maintain their health plan coverage with the District contribution by maintaining
their employment in pay status as described in Section 13.11 . During the twelve
(12) weeks of an approved FMLA/CFRA leave under Section 13.4 above, the
District will continue its contribution for such health plan coverage even if
accruals are not available for use to maintain pay status as required under
Section 13.11. In order to maintain such coverage, employees are required to
pay timely the full employee contribution to maintain their group health plan
coverage, either through payroll deduction or by paying the County directly.
13.11 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any
leave of absence without pay, an employee may elect to maintain pay
status each month by using available sick leave (if so entitled under
Section 11 - Sick Leave), vacation, floating holiday, compensatory time off
or other accruals or entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be "broken" into
segments and accruals used on a monthly basis at the employee's
discretion. After the first twelve (12) months, the leave period may not be
"broken" into segments and accruals may not be used, except when
required by LTD Benefit Coordination or Sick Leave Integration or in the
sections below.
B. Family and Medical Leave Act (FMLA)/California Family Rights Act
(CFRA). During the twelve (12) weeks of an approved FMLA/CFRA leave,
if a portion of that leave will be on a leave of absence without pay, the
employee will be required to use at least 0.1 hour of sick leave (if so
entitled under Section 11 - Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or entitlements if such are
available, although use of additional accruals is permitted under
subsection A. above.
C. Sick leave accruals may not be used during any leave of absence, except
as allowed under Section 11 - Sick Leave.
13.12 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee
in the same department at the time the employee was granted a leave of
absence, shall be reinstated to a position in that classification and department
and then only on the basis of seniority. In case of severance from service by
reason of the reinstatement of a permanent employee, the provisions of PMR
Part 12 shall apply.
13.13 Reinstatement From Family and Medical Leave Act (FMLA)/California
Family Rights Act (CFRA). In the case of FMLA/CFRA leave, an employee on
a 5/40 schedule shall be reinstated to the same or comparable position if the
return to work is after no more than sixty (60) work days of leave from the initial
date of a continuous leave, including use of accruals, or within the equivalent on
an alternate work schedule. A full time employee taking an intermittent or
May 26, 2020 Contra Costa County Fire Protection District 60
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 28 of 56 2020-2023 MOU
reduced work schedule leave shall be reinstated to the same or comparable
position if the return to work on a full schedule is after no more than 480 hours,
including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee
in writing of the final date to return to work, or the maximum number of hours of
leave, in order to guarantee reinstatement to the same or comp arable position.
An employee on a schedule other than 5/40 shall have the time frame for
reinstatement to the same or comparable position adjusted on a pro rata basis.
(For example, an employee assigned to a 56-hour work week would be eligible
for up to 672 hours under this Section).
13.14 Salary Review While on Leave of Absence. The salary of an employee
who is on leave of absence on any anniversary date and who has not been
absent from the position on leave without pay more than six (6) months during
the preceding year, shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may accrue to them during the
period of military leave.
13.15 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of a leave, shall be
without pay. Such absence may also be grounds for disciplinary action.
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.1 Health Plan. The District will provide group health benefits through the
California Public Employees’ Retirement System (CalPERS) for all permanent
full-time employees and permanent part-time employees regularly scheduled to
work at least twenty (20) hours per week in classes represented by the
Association. The CalPERS health care program, as regulated by the Public
Employees’ Medical and Hospital Care Act (PEMHCA), regulations issued
pursuant to PEMHCA, and the administration of PEMHCA by CalPERS, controls
on all health plan issues for employees who receive health care coverage from
CalPERS, including, but not limited to, eligibility, benefit plans, benefit levels,
minimum premium subsidies, and costs.
14.2 Contra Costa Health Plan (CCHP). Because CCHP has met the
minimum standards required under PEMHCA and is approved as an alternative
CalPERS plan option, Association members and Consolidated Omnibus Budget
Reconciliation Act (COBRA) counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
14.3 CalPERS Health Plan Monthly Premium Subsidy. The District’s
subsidy to the CalPERS monthly health plan premiums is as provided below.
The employee must pay any CalPERS health plan prem ium costs that are
greater than the District’s subsidy identified in Section 14.3(A).
May 26, 2020 Contra Costa County Fire Protection District 61
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 29 of 56 2020-2023 MOU
A. District Premium Subsidy through November 30, 2015 . The District will
contribute up to an amount equivalent to eighty percent (80%) of the 2015
CalPERS Kaiser premium at each level (employee only, employee + one,
employee + two or more) towards the covered employee’s CalPERS or
CalPERS Alternative Plan (CCHP) premium.
All Health Plans
Coverage Level Subsidy
Employee Only $ 571.56
Employee & One Dependent $1,143.12
Employee & Two or more Dependents $1,486.06
B. District Premium Subsidy Through November 30, 2016. For the plan year
that begins on January 1, 2016, the District will contribute up to an amount
equivalent to eighty percent (80%) of the 2016 CalPERS Kaiser premium
at each level (employee only, employee + one, employee + two or more)
towards the covered employee’s CalPERS or CalPERS Alternative Plan
(CCHP) premium.
C. District Premium Subsidy On and After December 1, 2016 . For the plan
year that begins on January 1, 2017, the District will pay a monthly
premium subsidy for each health plan that is equal to the actual dollar
monthly premium subsidy that is paid by the District for that plan as of
November 30, 2016. In addition, if there is an increase in the monthly
premium charged by a health plan for 2017, the District and the employee
will each pay fifty percent (50%) of that increase. For each plan year
thereafter, and for each plan, the District and the employee will e ach pay
fifty (50%) of the monthly premium increase above the 2016 plan
premiums.
D. In the event, in whole or in part, that the above District premium subsidy
amounts are greater than one hundred percent (100%) of the applicable
premium of any plan, the District’s contribution will not exceed one
hundred percent (100%) of the applicable plan premium.
14.4 Dental Plan. The District may, during the term of this MOU, change
dental care providers, so long as the level of benefits provided is not reduced.
14.5 District Dental Plan Premium Subsidy
The District’s subsidy to the monthly dental plan premiums shall be as provided
below. This subsidy is provided only for permanent full-time and permanent part-
time employees regularly scheduled to work at least twenty (20) hours per week.
Any increases in dental plan costs greater than the District’s premium subsidy
identified below shall be borne by the employee.
May 26, 2020 Contra Costa County Fire Protection District 62
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 30 of 56 2020-2023 MOU
A. District premium subsidy for 2016 and thereafter. For plan years 2016
and thereafter, the District will pay a monthly premium subsidy for each
dental plan that is equal to the actual dollar monthly premium subsidy that
was paid by the District as of November 30, 2015. In addition, the District
and the employee will each pay fifty percent (50%) of the monthly
premium increase above the 2015 denta l plan premiums. The 2015
dental plan premiums and November 30, 2015 District dental plan
subsidies are as follows:
Dental Plans
2015
Premium
2015
Subsidy
Delta Dental - Single $42.45 $33.11
Delta Dental - Family $95.63 $74.59
Delta Dental without health plan - Single $42.45 $42.44
Delta Dental without health plan - Family $95.63 $95.62
Delta Care - Single $29.06 $22.67
Delta Care - Family $62.81 $48.99
Delta Care without health plan - Single $29.06 $29.05
Delta Care without health plan - Family $62.81 $62.80
B. In the event, in whole or in part, that the above amounts are greater than
one hundred percent (100%) of the applicable premium of any plan, for
any plan year, the District’s contribution will not exceed one hundred
percent (100%) of the applicable plan premium.
C. Eligible Family Members. The following persons may be enrolled as the
Eligible Family Members of a dental plan subscriber.
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
i. Over age 19,
ii Unmarried; and
iii Incapable of sustaining employment due to a
physical or mental disability that existed prior to
the child’s attainment of age 19.
c. Employee’s Disabled Child who is
i. Over age 19
ii. Unmarried; and
iii. Incapable of sustaining employment due to a
physical or mental disability that existed prior to
the child’s attainment of age 19.
2. Delta Dental PPO Only:
Employee’s unmarried child who is:
May 26, 2020 Contra Costa County Fire Protection District 63
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 31 of 56 2020-2023 MOU
(1) Under age 19, or
(2) Age 19, or above, but under age 24, and
i. Resides with the Employee for more than 50% of the
year excluding time living at school, and
ii. Receives at least 50% of support from Employee, and
iii. Is enrolled and attends school on a full-time basis, as
defined by the School.
3. Delta Care HMO Only – Employee’s Child to age 26
4. “Employee’s child” includes natural child, child of a qualified
domestic partner, step-child, adopted child and a child specified in
a Qualified Medical Child Support Order (QMSCO) or similar court
document.
5. For purposes of this Section 14.5 – District Premium Subsidy,
“Eligible Family Member” does not include Survivors of employees
or retirees.
14.6 Rate Information. The County Benefits Service Unit will make dental
plan rate information and, to the extent possible, CalPERS health plan rate
information available to employees and the District upon request. In addition, the
County Benefits Service Unit will publish and distribute to employees and the
District information about rate changes as they occur during the year.
14.7 Life Insurance Benefit Under Health and Dental Plans. For permanent
employees who are enrolled in a District sponsored health or dental plan as
either the primary insured or a dependent, term life insurance in the amount of
ten thousand dollars ($10,000) will be provided by the District.
14.8 Life Insurance Contribution. The District will pay the entire premium on
behalf of permanent full-time and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week who elect health and/or
dental coverage.
14.9 Premium Payments. Employee participation in any health, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by
the District of the employee’s share of the premium cost. The District's subsidy
of health plan and dental plan monthly premiums is payable as follows:
A. CalPERS Plan (Includes Alternate CCHP Plan).
The District's subsidy of the health plan premium is payable one (1) month
in advance. If an employee’s compensation in any month is not sufficient
to pay the employee share of the premium, the employee must make up
the difference by remitting the amount delinquent to the County Human
Resources Department – Benefits Division by the tenth day of each
month. The responsibility for this payment rests solely with the employee.
May 26, 2020 Contra Costa County Fire Protection District 64
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 32 of 56 2020-2023 MOU
B. Dental and Life Insurance Plans.
The District's subsidy of the dental and life insurance premium as
described in Sections 14.5 and 14.8, is payable monthly. If an employee’s
compensation in any month is not sufficient to pay the employee share of
the premium, the employee must make up the difference by remitting the
amount delinquent to the County Human Resources Department –
Benefits Division by the tenth day of each month. The responsibility for
this payment rests solely with the employee.
14.10 Extended Coverage. An employee on approved leave without pay shall
be allowed to continue his/her health/dental/life insurance coverage provided that
the employee shall pay their share of the monthly premium by the tenth day of
each month, during said leave. Late payment may result in cancellation of
coverage.
An employee on leave in excess of twelve (12) months may continue group
coverage subject to the provisions of the Consolidated Omnibus Budget
Reconciliation Act (COBRA) provided the employee pays the entire cost of
coverage, plus any administrative fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified by the District. Late payment
may result in cancellation of coverage.
An employee who terminates District employment is covered through the last day
of the month in which he/she is paid for District dental plans and through the last
day of the month following the month of termination for CalPERS plans.
Employees who terminate District employment may continue Group
Health/Dental plan coverage to the extent provided under the COBRA
regulations.
14.11 Retirement Coverage. Upon retirement, employees may, subject to plan
requirements, remain in the same District group medical and dental plan if
immediately before their retirement they are currently enrolled in one of the
District sponsored CalPERS Health Plans or dental plans or if on authorized
leave of absence without pay, they have retained continuous coverage during the
leave period.
A. Retirement Dental Coverage.
1. Employees hired before January 1, 2015 . Upon retirement, eligible
employees and their eligible family members, as defined in Section
14.5(E), may remain in their District dental plan, but without District -
paid life insurance coverage, if immediately before their proposed
retirement, the employees and dependents are either active
subscribers to one of the District contracted dental plans or if while
on authorized leave of absence without pay, they have retained
continuous coverage during the leave period. The District will pay
the same dental plan monthly premium subsidies set forth in
subsection 14.5 for eligible retirees and their eligible family
May 26, 2020 Contra Costa County Fire Protection District 65
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 33 of 56 2020-2023 MOU
members.
2. Employees hired on or after January 1, 2015 . For these employees
and their eligible family members, no monthly premium subsidy will
be paid by the District for any dental plan after they separate from
District employment. Upon completion of fifteen (15) years of
service as an employee of the District, an employee who retires
under the Contra Costa County Employees Retirement Association
(“CCCERA”) may retain continuous coverage of any District dental
plan, provided that he or she pays the full premium cost under the
chosen dental plan without any District premium subsidy. For
purposes of retiree dental eligibility, one year of service is defined
as one thousand (1,000) hours worked within one District
anniversary year.
B. Retirement Medical Coverage.
1. Government Code section 22892 applies to all employees who
retire under the Contra Costa County Employees’ Retirement
Association (CCCERA).
14.12 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as
established by CalPERS. On and after January 1, 2013, each employee
and retiree may be covered by only a single District health and/or a single
District dental plan, including CalPERS plans. For example, a District
employee may be covered under a single District health plan as either the
primary insured or the dependent of another District employee or retiree,
but not as both the primary insured and the dependent of another District
employee or retiree.
B. On and after January 1, 2013, each dependent may be covered by the
health and/or dental plan of only one spouse or one domestic partner. For
example, when both husband and wife are District employees, all of their
eligible children may be covered as dependents of either the husband or
the wife, but not both.
C. For purposes of this Section 14.12 - Dual Coverage, "District" includes the
County of Contra Costa and all Board of Supervisors governed special
districts, such as the Contra Costa County Fire Protection District.
14.13 Management Life Insurance. Permanent employees shall be covered, at
District expense, by term life insurance in the amount of forty-seven thousand
dollars ($47,000). The coverage shall include an accelerated death benefit
option. Premiums for this insurance shall be paid by the District, with conditions
of eligibility to be reviewed annually. All employees covered herein may also
subscribe voluntarily for supplemental life insurance coverage.
May 26, 2020 Contra Costa County Fire Protection District 66
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 34 of 56 2020-2023 MOU
14.14 PERS Long Term Care. The District will deduct and remit monthly
premium and eligible lists to the PERS Long Term Care Administrator, at no
employee cost, for District employees who are eligible and voluntarily elect to
purchase long term care through the PERS Long Term Care Program.
The District further agrees that District employees interested in purchasing PERS
Long Term Care may participate in meetings scheduled by PERS Long Term
Care on District facilities during non-work hours (i.e: coffee breaks, lunch hour).
14.15 Health Care Spending Account. The District will continue to offer
regular full-time and part-time (20/40 or greater) District employees the option to
participate in a Health Care Spending Account (HCSA) Program designated to
qualify for tax savings under Section 125 of the Internal Revenue Code, but such
savings are not guaranteed. The HCSA Program allows employees to set aside
a pre-determined amount of money from their paycheck for health care expenses
not reimbursed by any other health benefits plan with before tax dollars. HCSA
dollars can be expended on any eligible medical expenses allowed by Internal
Revenue Code Section 125. Any unused balance is forfeited and cannot be
recovered by the employee.
14.16 Long-Term Disability Insurance. The District shall continue the Long-
Term Disability Insurance program with a replacement limit of eighty -five percent
(85%) of total monthly base earnings reduced by any deductible benefits.
14.17 Dependent Care Assistance Program. The District will continue to offer
the option of enrolling in a Dependent Care Assistance Program (DCAP)
designed to qualify for tax savings under Section 129 of the Internal Revenue
Code, but tax savings are not guaranteed. The program allows employees to set
aside up to five thousand dollars ($5,000) of annual salary (before taxes) per
calendar year to pay for eligible dependent care (child and elder care) expenses.
Any unused balance is forfeited and cannot be recovered by the employee.
14.18 Voluntary Vision Plan. Beginning with the 2017 plan year, active
permanent full-time and active permanent part-time employees will be offered the
opportunity to enroll in a voluntary vision plan. Employees will pay the full
premium costs of the plan. The District will contract with VSP Vision Care for a
voluntary vision plan with no co-pays. The vision plan is not available to
permanent-intermittent employees.
14.19 Premium Conversion Plan. The District will continue to offer the option
of enrolling in the Premium Conversion Plan (PCP) designed to qualify for tax
savings under Section 125 of the Internal Revenue Code, but tax savings are not
guaranteed. The program allows employees to use pre-tax dollars to pay health
and dental premiums.
14.20 Prevailing Section. To the extent that any provision of this Section
(Section 14 – Health and Welfare, Life and Dental Care) is inconsistent with any
May 26, 2020 Contra Costa County Fire Protection District 67
SECTION 15 - PROBATIONARY PERIOD
UCOA 35 of 56 2020-2023 MOU
provision of any other County or District enactment or policy, including but not
limited to Administrative Bulletins, the Salary Regulations, the Personnel
Management Regulations, or any other resolution or order of the Board of
Supervisors, the provision(s) of this Section (Section 14 – Health and Welfare,
Life and Dental Care) will prevail.
SECTION 15 - PROBATIONARY PERIOD
15.1 Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a probationary period. This
period shall be for twelve (12) months.
15.2 Classes with Changed Probationary Periods. When the probationary
period for a class is changed, only new appointees to positions in the
classification shall be subject to the revised probationary period.
15.3 Probationary Period Time. The probationary period shall date from the
time of appointment to a permanent position after certification from an eligible list.
It shall not include time served under provisional appointment or under
appointment to limited term positions or any period of continuous leave of
absence without pay or period of work connected disability exceeding fifteen (15)
calendar days. If a permanent-intermittent probationary employee is reassigned
to full-time, credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours (243 hours for
shift employees) per month.
15.4 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new proba tionary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from any
rejection during the probationary period based on political, or religious
affiliations, Association activities, or race, color, national origin, sex, age,
disability, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth
the grounds and the facts by which it is claimed that grounds for appeal
exist under subsection (A) above and must be filed through the Director of
Human Resources to the Merit Board by 5:00 p.m. on the 7th calendar
day after the date of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it fin ds probable cause to
believe that the rejection may have been based on grounds prohibited in
subsection (A) above, it may refer the matter to a Hearing Officer for
hearing, recommend findings of fact, conclusions of law and decision,
pursuant to the relevant provisions of the Merit Board rules in which
proceedings the rejected probationer has the burden of proof.
May 26, 2020 Contra Costa County Fire Protection District 68
SECTION 15 - PROBATIONARY PERIOD
UCOA 36 of 56 2020-2023 MOU
D. If the Merit Board finds no probable cause for a hearing, it shall deny the
appeal. If, after hearing, the Merit Board upholds the appeal, the appellant
shall complete only the remainder of the probation period unless the Merit
Board specifically orders that the appellant begin a new probation period.
15.5 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Human Resources receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be
rejected at any time during the probation period without regard to the Skelly
provisions of this Memorandum of Understanding, without notice and w ithout
right of appeal or hearing. If the appointing authority has not returned the
probation report, a probationary employee may be rejected from the service
within a reasonable time after the probation period for failure to pass probation.
If the appointing authority fails to submit in a timely manner the proper written
documents certifying that a probationary employee has served in a satisfactory
manner and later acknowledges it was the appointing authority's intention to do
so, the regular appointment shall begin on the day following the end of the
probationary period.
Notwithstanding any other provisions of this Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the District from which the employee was
promoted or transferred. An employee dismissed for other than disciplinary
reasons within six (6) months after being promoted o r transferred from a position
in the Merit System to a position not included in the Merit System shall be
restored to a position in the classification in the District from which the employee
was promoted or transferred. A probationary employee who has been rejected
or has resigned during probation shall not be restored to the eligible list from
which the employee was certified unless the employee receives the affirmative
recommendation from the appointing authority and is certified by the Director of
Human Resources whose decision is final. The Director of Human Resources
shall not certify the name of a person restored to the eligible list to the same
appointing authority by whom the person was rejected from the same eligible list,
unless such certification is requested in writing by the appointing authority.
15.6 Layoff During Probation. An employee who is laid off during probation,
if reemployed in the same class, shall be required to complete only the balance
of the required probation.
If reemployed in another classification, the employee shall serve a full
probationary period. An employee appointed to a permanent position from a
layoff or reemployment list is subject to a probation period if the position is in a
District other than the District from which the employee separated, displaced, or
voluntarily demoted in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period if the position is in the
May 26, 2020 Contra Costa County Fire Protection District 69
SECTION 16 – PROMOTION
UCOA 37 of 56 2020-2023 MOU
District from which the employee separated, displaced or voluntarily demoted in
lieu of layoff.
15.7 Rejection During Probation of Layoff Employee. An employee who
has achieved permanent status in the class before layoff and who subsequently
is appointed from the layoff list and then rejected during the probatio n period
shall be automatically restored to the layoff list, unless discharged for cause, if
the person is within the period of layoff eligibility. The employee shall begin a
new probation period if subsequently certified and appointed in a different district
or classification than that from which the employee was laid off.
SECTION 16 – PROMOTION
16.1 Promotion. Promotion shall be by competitive examination unless
otherwise provided in this Memorandum of Understanding.
16.2 Promotion Policy. The Director of Human Resources, upon request of
an appointing authority, shall determine whether an examination is to be called
on a promotional basis.
16.3 Promotion Via Reclassification Without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted from one
classification to a higher classification and his/her position reclassified at the
request of the appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of
work.
B. The incumbent of the position must have performed at the higher level for
one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Director of Human Resources.
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
16.4 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary
or permanent status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to promotional
examinations only if the requirements are met on or before the final filing date. If
an employee who is qualified on a promotional employment list is separated from
May 26, 2020 Contra Costa County Fire Protection District 70
SECTION 17 - RESIGNATIONS
UCOA 38 of 56 2020-2023 MOU
the merit system, except by layoff, the employee’s name sha ll be removed from
the promotional list.
16.5 Seniority Credits.
A. Employees who have qualified to take promotional examinations and who
have earned a total score, not including seniority credits, of seventy
percent (70%) or more, shall receive, in addition to all other credits, five
one-hundredths of one percent (.05%) for each completed month of
service as a permanent County employee continuously preceding the final
date for filing application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service. Seniority
credits shall be included in the final percentage score from which the rank
on the promotional list is determined. No employee, however, shall
receive more than a total of five percent (5%) credit for seniority in a
promotional examination.
B. An employee shall receive education credits for the following degrees:
AA/AS Degree = 2.5%
BA/BS Degree = 5.0%
The maximum education credit is limited to 5.0%
C. Under this section, the maximum promotional examination credit an
employee can receive for both seniority and education is ten percent
(10.0%).
16.6 Physical Examination as Part of Promotional Examination. District
employees who are required as part of the promotional examination process to
take a physical examination, shall do so on District time at District expense.
SECTION 17 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Human Resources Department by the
appointing authority immediately on receipt, and shall indicate the effective date
of termination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Human Resources Department
and shall indicate the effective date of termination.
17.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice) is a resignation in good
standing.
17.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
May 26, 2020 Contra Costa County Fire Protection District 71
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 39 of 56 2020-2023 MOU
A. An employee has been absent from duty for ten (10) consecutive working
days, (three shifts for employees on a 56-hour work week) without leave;
and
B. ten (10) more consecutive days (three shifts for employees on a 5 6 hour
work week) have elapsed without response by the employee after the
mailing of a notice of resignation by the appointing authority to the
employee at the employee's last known address.
17.3 Effective Resignation. A resignation is effective when delivered or spo-
ken to the appointing authority, operative either on that date or another date
specified.
17.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
17.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7) calendar days
after its expression, by serving written notice on the Director of Human
Resources and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, the
resignation shall be revoked and the employee returned to duty effective
on the day following the appointing authority's acknowledgment without
loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal to
the Merit Board. In the alternative, the employee may file a written
election with the Director of Human Resources waiving the employee's
right of appeal to the Merit Board in favor of the employee's appeal rights
under the Management Complaint Procedure contained in Section 19 of
the Memorandum of Understanding, beginning with step C.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and the
employee returned to duty effective on the day following the decision or
next assigned shift but without loss of seniority or pay, subject to the
employee's duty to mitigate damages.
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN
SALARY
May 26, 2020 Contra Costa County Fire Protection District 72
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 40 of 56 2020-2023 MOU
18.1 Cause for Dismissal, Suspension, Demotion and Reduction in Salary.
The appointing authority may dismiss, suspend, demote, or reduce in salary any
employee for cause. Reduction in salary shall not exceed five percent (5%) of
the employee’s base salary. Reduction in salary shall not exceed ninety (90)
consecutive calendar days. The following are sufficient causes for such action;
the list is indicative rather than inclusive of restrictions and dismissal,
suspension, demotion or reduction in salary may be ba sed on reasons other than
those specifically mentioned:
1. absence without leave;
2. conviction of any criminal act involving moral turpitude;
3. conduct tending to bring the County, District or merit system into
disrepute;
4. disorderly or immoral conduct;
5. incompetence or inefficiency;
6. insubordination;
7. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs, or consuming or using liquor or drugs during
work hours and/or on County/District premises;
8. neglect of duty, i.e., non-performance of assigned responsibilities;
9. negligent or willful damage to public property or waste of public supplies or
equipment;
10. violation of any lawful or reasonable regulation or order given by a
supervisor or Fire Chief;
11. willful violation of any of the provisions of the Merit System Ordinance or
Personnel Management Regulations;
12. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment;
13. misappropriation of District/County funds or property;
14. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this Memorandum of
Understanding;
15. dishonesty or theft;
May 26, 2020 Contra Costa County Fire Protection District 73
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 41 of 56 2020-2023 MOU
16. excessive or unexcused absenteeism and/or tardiness;
17. sexual harassment including but not limited to unwelcome sexual advan -
ces, requests for sexual favors, and other verbal, visual or physical
conduct of a sexual nature, when such conduct has the purpose or effect
of affecting employment decisions concerning an individual, interfering
with an individual's work performance, or creating an intimidating, hostile
or an offensive working environment.
18.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend for more than five (5) work days (48 hours for employees on a 56 hour
workweek) or demote an employee, the appointing authority shall cause to be
served personally or by certified mail on the employee, a Notice of Proposed
Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges, including the acts or omissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County or District, a copy of said rule shall be included with the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to
the appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respon d to the appointing
authority either orally or in writing before the proposed action may be taken.
Upon request of the employee and for good cause, the appointing authority may
extend in writing the period to respond. If the employee's response is not fi led
within seven (7) days or during any extension, the right to respond is lost.
18.3 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence with pay.
18.4 Suspensions Without Pay. shall not exceed thirty (30) consecutive days
unless ordered by an arbitrator, an adjustment board or the Merit Board.
18.5 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an empl oyee
having permanent status in a position in the merit system, after having
May 26, 2020 Contra Costa County Fire Protection District 74
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 42 of 56 2020-2023 MOU
complied with the Skelly requirements where applicable, the appointing
authority shall make an order in writing stating specifically the causes for
the action.
B. Service of Order. Said order of dismissal, suspension, or demotion shall
be filed with the Director of Human Resources showing by whom and the
date a copy was served upon the employee to be dismissed, sus pended
or demoted, either personally or by certified mail to the employee's last
known mailing address. The order shall be effective either upon personal
service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion to the Merit Board or through the
procedures of Section 19, Management Complaint Procedure, of this
Memorandum of Understanding, provided that such appeal is filed in
writing with the Director of Human Resources within ten (10) calendar
days after service of said order.
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
19.1 Management Complaint Procedure. A complaint is any dispute which
involves the interpretation or application of any provision of this Memorandum of
Understanding (excluding, however, those provisions of this Memorandum of
Understanding which specifically provide that the decision of any County/District
official shall be final, the interpretation or application of those provisions not being
subject to the complaint procedure) or disciplinary actions. The Association may
represent the employee at any stage of the process. Complaints must be filed
within fifteen (15) days of the incident or occurrence about which the employee
claims to have a complaint and shall be processed in the following manner.
A. Step 1. Any employee or group of employees who believes a provision of
this Memorandum of Understanding has been misinterpreted or
misapplied to the employee's detriment shall discuss the complaint on an
informal basis with the employee's appropriate chief officer who shall meet
with the employee and respond to the complaint within five (5) duty shifts,
or ten (10) workdays in the case a complaint filed by employees assigned
to a forty (40) hour workweek, of a request to hold such a meeting.
Complaints challenging suspensions, reductions in pay, demotions and
terminations may be filed at Step 3 within the time frame set forth in
Section 18.5.
B. Step 2. If a complaint is not satisfactorily resolved in Step 1 above, the
employee may submit the complaint in writing within five (5) calendar days
to such management official, other than the chief officer who participated
in Step 1 above, as the Fire Chief may designate. This formal written
complaint shall state which provision of the Memorandum of
Understanding has been misinterpreted or misapplied, how the misin -
terpretation or misapplication has affected the employee to the employee's
May 26, 2020 Contra Costa County Fire Protection District 75
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 43 of 56 2020-2023 MOU
detriment, and the redress the employee seeks. A copy of each written
communication on a complaint shall be filed with the Employee Relations
Officer or his/her designee. The designated management official shall
have ten (10) workdays in which to respond to the complaint in writing.
C. Step 3. If a complaint is not satisfactorily resolved in Step 2 above, the
employee may appeal in writing within five (5) workdays to the Employee
Relations Officer or his/her designee. The Employee Relations Officer or
his/her designee shall have fifteen (15) workdays in which to investigate
the merit of the complaint and to meet with the Fire Chief or designee and
the employee to attempt to settle the complaint and to respond in writing
to the employee and the employee's Association representative.
D. Step 4. No complaint may be processed under this Section which has not
first been filed and investigated in accordance with Step 3 above and filed
within five (5) calendar days of the written response of the Employee
Relations Officer or his/her designee. If the parties are unable to reach a
mutually satisfactory accord on any complaint which arises and is
presented during the term of this Memorandum of Understanding, such
complaint shall be submitted in writing within five (5) calendar days to the
Employee Relations Officer or his/her designee requesting that the
complaint be submitted to an Adjustment Board. Such Adjustment Board
is to be comprised of three (3) Association representatives, no more than
one (1) of whom shall be either an employee of the Distric t or a member of
the Association presenting this complaint, and three (3) representatives of
the District, no more than one (1) of whom shall be an employee of a
District covered by this MOU, or a County employee or a member of the
staff of an organization employed to represent the District in the meeting
and conferring process. The Adjustment Board shall meet and render a
decision within fifteen (15) calendar days of receipt of a written request.
E. Step 5. Within ten (10) calendar days of exhaustion of t his procedure
through Step 4, the Association may request a meeting and/or discussion
with the Fire Chief regarding the complaint.
If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County/District, when alleging a violation of Section 19.2
below) may require the complaint be referred to an impartial arbitrator who
shall be designated by mutual agreement between the employee and the
Employee Relations Officer or his/her designee. Such request shall be
submitted within ten (10) calendar days of the rendering of the Adjustment
Board decision to the Employee Relations Officer or his/her designee (or
the designated representative of the Association when the County/District
is alleging a violation of Section 19.2 below). Within thirty (30) calen dar
days of the request for arbitration, the parties shall mutually select an
arbitrator. The fees and expenses of the arbitrator and of the Court
Reporter shall be shared equally by the employee and the District. Each
party, however, shall bear the costs of its own presentation, including
preparation and post-hearing briefs, if any.
May 26, 2020 Contra Costa County Fire Protection District 76
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 44 of 56 2020-2023 MOU
F. For the purposes of this Section 19 the term "workday" shall be defined as
any day except a Saturday, Sunday or holiday.
19.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly before
them shall be final and binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Association which has been certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a complaint as set forth in Section 19.1
above.
C. Proposals to add to or change this Memorandum of Understandin g or to
change written agreements supplementary hereto shall not be arbitrable
and no proposal to modify, amend, or terminate this Memorandum of
Understanding nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section.
Neither any Adjustment Board nor any arbitrator shall have the power to
amend or modify this Memorandum of Understanding or written
agreements supplementary hereto or to establish any new terms or
conditions of employment.
D. If the Employee Relations Officer or his/her designee in pursuance of the
procedures outlined in Section 19.1C above, or the Adjustment Board in
pursuance of the provisions of Section 19.1D above, resolve a complaint
which involves suspension or discharge, they may agree to payment for
lost time or to reinstatement with or without payment for lost time; but, in
the event that the complaint is carried to arbitration and such employee is
found to have been properly discharged under the provisions of Sect ion
18, such employee may not be ordered reinstated and no penalty may be
assessed upon the County/District.
19.3 Clarification on Time Limits of the Complaint Procedure. The time
limits and steps specified above may be waived by mutual agreement of the
parties to the complaint. If the District fails to meet the time limits specified in
Steps 1 through 3 above, the complaint will automati cally move to the next step.
If a complainant fails to meet the time limits specified in Steps 1 through 5 above,
the complaint will be deemed to have been settled and withdrawn.
19.4 Representation Outside of Association. An official, with whom a formal
complaint is filed by a complainant who is included in a unit represented by the
Association, but is not represented by the Association in the complaint, shall give
the Association a copy of the formal presentation.
May 26, 2020 Contra Costa County Fire Protection District 77
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 45 of 56 2020-2023 MOU
19.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Employee
Relations Officer or his/her designee. Only complaints which allege that
employees are not being compensated in accordance with the provisions of this
Memorandum of Understanding shall be considered as complaints. Any other
matters of compensation are to be resolved in the meeting and conferring
process, if not detailed in the Memorandum of Understanding which results from
such meeting and conferring process, shall be deemed withdrawn until the
meeting and conferring process is next opened for such discussion. No
adjustments shall be retroactive for more than six (6) months from the date upon
which the complaint was filed. No change in this Memorandum of Understanding
or interpretations thereof (except interpretations resulting from Adjustment Board
or arbitration proceedings hereunder) will be recognized unless agreed to by the
District and the Association.
19.6 No Strike. During the term of this Memorandum of Understanding, the
Association, its members and representatives, agree that it and they will not
engage in, authorize, sanction or support any strike, slowdown, refusal to
perform customary duties, stoppage of work or sickout against the District.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises the employee's
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of the employee's duties is
of an emergency nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
19.7 Merit Board.
A. All complaints of employees in the representation unit represented by the
Association shall be processed under Section 19 unless the employee
elects to apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps (3), (4) or (5) of Subsection 19.1 above shall be
taken if action on the complaint has been taken by the Merit Board, or if
the complaint is pending before the Merit Board.
19.8 Complaint Filing. The Association may file a complaint at Step 3 on
behalf of affected employees when action by the County Administrator or the
Board of Supervisors violates a provision of this Memorandum of Understanding.
19.9 Letter of Reprimand. Letters of reprimand are subject to the complaint
procedure but shall not be processed past Step 3. Letters of reprimand shall be
served personally or by certified mail on the affected employee. A copy of t he
letter of reprimand shall be placed in the employee's official personnel file
maintained by the District.
May 26, 2020 Contra Costa County Fire Protection District 78
SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS
UCOA 46 of 56 2020-2023 MOU
SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS
The District recognizes an employee’s right to representation during any
disciplinary interview or meeting, which may result in discipline. The District will
not interfere with the representative’s right to assist an employee to clarify the
facts during the interview.
SECTION 21 - RETIREMENT CONTRIBUTION
21.1 Payment of Employee Contributions. All employees are responsible for
the payment of one hundred percent (100%) of the employees’ basic retirement
benefit contributions determined annually by the Board of Retirement of the
Contra Costa County Employees’ Retirement Association (CCCERA) without the
District paying any part of the employees’ contribution. All employees are also
responsible for the payment of the employees' contributions to the retirement
cost of living program as determined annually by the Board of Retirement,
without the District paying any part of the employees’ contributions. Except as
provided in section 21.2 (Safety Employees Retirement) subsection A, the
District is responsible for one hundred percent (100%) of the employer’s
retirement contributions determined annually by the Board of Retirement.
21.2 Safety Employees Retirement.
A. Safety Employees Retirement – Tier A – Employees Who Became Safety
Members of CCCERA Before January 1, 2013.
1. For District employees who became safety members of CCCERA
before January 1, 2013, the retirement formula shall be “3 percent
at 50.” The cost of living adjustment (COLA) to the retirement
allowance shall not exceed three percent (3%) per year. The
employee’s final compensation shall be calculated based on a
twelve (12) month salary average. This retirement benefit is known
as “Tier A.”
a. Effective December 1, 2017, each member in Tier A shall
pay seven percent (7%) of his or her retirement base to pay
part of the employer’s contribution for the cost of the Tier A
retirement benefit.
b. Effective July 1, 2018, each member in Tier A shall pay four
percent (4%) of his or her retirement base to pay part of the
employer’s contribution for the cost of the Tier A retirement
benefit.
c. Effective July 1, 2019, each member in Tier A shall pay one
percent (1%) of his or her retirement base to pay part of the
employer’s contribution for the cost of the Tier A retirement
benefit.
May 26, 2020 Contra Costa County Fire Protection District 79
SECTION 22 - SAFETY
UCOA 47 of 56 2020-2023 MOU
d. Effective June 30, 2020, the employee’s payment of one
percent (1%) of his or her retirement base to pay part of the
employer’s contribution for the cost of the Tier A benefit will
cease.
Such payments will be made on a pre-tax basis in
accordance with applicable tax laws. “Retirement base”
means base salary and other payments, such as salary
differential and flat rate pay allowances, used to compute
retirement benefits.
2. Tier A - Employees With More Than Thirty Years of Continuous
Service as Safety Members. Employees covered by this
agreement and designated by CCCERA as safety members with
credit for more than thirty (30) years of continuous service as safety
members, will not make payments from their retirement base to pay
part of the employer’s contribution for the cost of Safety Tier A.
B. Employees Who Become Safety Members of CCCERA on or After
January 1, 2013.
1. For employees who become Safety Members of the Contra Costa
County Employee Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California
Public Employees Pension Reform Act (PEPRA), (Chapters 296,
297, Statutes of 2012). To the extent this Agreement conflicts with
any provision of PEPRA, PEPRA governs.
2. PEPRA Safety Option Plan Two (2.7% @ 57) applies to employees
who, under PEPRA, become Safety New Members of CCCERA.
3. For employees who, under PEPRA, become Safety New Members
of CCCERA, on or after January 1, 2016, the cost of living
adjustment to the retirement allowance will not exceed two percent
(2%) per year, and the cost of living adjustment will be banked.
4. Subsection A, subparts (1) through (2), above, applies to
employees who, under PEPRA, become reciprocal Safety
Members of CCCERA in Tier A, as determined by CCCERA.
SECTION 22 - SAFETY
The District shall expend every effort to see to it that the work performed under
the terms and conditions of this Memorandum of Understanding is performed
with maximum degree of safety consistent with the requirement to conduct
efficient operations.
May 26, 2020 Contra Costa County Fire Protection District 80
SECTION 24 - UNIFORM ALLOWANCE
UCOA 48 of 56 2020-2023 MOU
SECTION 23 - MILEAGE
Reimbursement for Use of Personal Vehicle. The mileage allowance for use of
personal vehicles on District business shall be paid according to the rates
allowed by the Internal Revenue Service and shall be adjusted to reflect changes
in this rate on the date it becomes effective or the first of the mon th following
announcement of the changed rate by the Internal Revenue Service, whichever
is later.
Commuter Benefit Program. The District will offer employees the option of
enrolling in an employee-funded qualified transportation (commuter) benefit
program designed to qualify for tax savings under Section 132(f) of title 26 of the
Internal Revenue Code, but such savings are not guaranteed. The Commuter
Benefit Program will allow employees to set aside pre-tax dollars for qualified
transportation expenses to the extent and amount allowed by the Internal
Revenue Service. Employees are responsible for paying any account fees
charged by the Commuter Benefit administrator. The District does not manage
or administer the Commuter Benefit Program.
SECTION 24 - UNIFORM ALLOWANCE
Effective August 1, 2015, the monthly uniform allowance for all employees in
represented classes for which a uniform is required shall be $54.50 per month.
SECTION 25 - CERTIFICATION REQUIREMENTS
25.1 Required Certifications. Incumbents of each of the classifications
represented by the Association shall, at all times, possess current certification
appropriate for practice in Contra Costa County in First Responder Public Safety
and Hazardous Materials Incident Commander.
25.2 General Terms.
A. The District will provide maintenance training to incumbent employees to
comply with the requirements of Section 25.1 above.
B. Employees appointed into any of the applicable classifications (excepting
movements between these classifications) shall obtain these certifications
within six (6) months of appointment. The District will provide initial
certification training to these employees.
SECTION 26 – OTHER TERMS OF EMPLOYMENT
May 26, 2020 Contra Costa County Fire Protection District 81
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 49 of 56 2020-2023 MOU
26.1 Longevity Pay.
A. Employees who have completed ten (10) years of appointed service for
the District shall be eligible to receive a two and one-half percent (2.5%)
longevity differential effective on the first day of the month following the
month in which the employee qualifies for the ten (10) year service award.
B. Effective January 1, 2017, employees who have completed twenty (20)
years of appointed service for the District shall be eligible to receive a two
and one-half percent (2.5%) longevity differential on the first day of the
month following the month in which the employee qualifies for the twenty
(20) year service award. For employees who completed twenty (20) years
of service before January 1, 2017, this longevity differential will be paid
prospectively only from January 1, 2017.
26.2 Deferred Compensation Incentive. The District contribution to
employees who participate in the County’s Deferred Compensation Plan is
seventy-five dollars ($75) per month. To be eligible for this incentive, employees
must contribute to the deferred compensation plan as indicated below.
Monthly
Contribution
Employees with
Qualifying
Base
Required to
Maintain
Current Contribution Incentive Program
Monthly Salary of: Amount: Eligibility
$2,500 and below $250 $50
2,501 - 3,334 500 50
3,335 - 4,167 750 50
4,168 - 5,000 1,000 50
5,001 - 5,834 1,500 100
5,835 - 6,667 2,000 100
6,668 & above 2,500 100
Employees who discontinue contributions or who contribute less than the
required amount per month for a period of one (1) month or more will no longer
be eligible for the District supplement. To reestablish eligibility, employees must
again make a Base Contribution Amount as set forth above based on current
monthly salary. Employees with a break in deferred compensation contributions
either because of an approved medical leave or an approved financial hardship
withdrawal shall not be required to reestablish eligibility. Further, employees who
lose eligibility due to displacement by layoff, but maintain contributions at the
required level and are later employed in an eligible position, shall not be required
to reestablish eligibility.
May 26, 2020 Contra Costa County Fire Protection District 82
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 50 of 56 2020-2023 MOU
26.3 Training. Employees shall be eligible for career development training
reimbursement in the maximum amount not to exceed $750 per fiscal year. The
policy for reimbursement of training expenses shall be consistent with County
and District policies on Travel and Training.
26.4 Educational Incentive Program. Employees who possess the
appropriate certificates or educational degrees beyond the minimum
requirements for their class and/or meet the appropriate continuing educational
requirements shall be eligible to qualify for professional development educational
incentives under the conditions described herein.
A. Incumbents of the following classifications are eligible to participate in this
incentive program:
Battalion Chief (RPHA, RPHE), and
Chief, Fire Emergency Medical Services (RPHD)
B. All differentials shall be designated as either contingent or permanent
allowances and shall be awarded in increments of 2.5% of monthly base
salary. The combined contingent and permanent educational incentives
awarded any employee in any class noted above shall not exceed 7.5% of
monthly base pay.
C. The program is intended to encourage the further professional
development of eligible personnel by the pursuit and achievement of job -
related certificates or degrees as follows:
1. An Associate of Arts or Science Degree from an accredited college
with a major in Fire Technology, Business Administration,
Management and Supervision or a related field. Employees must
have been hired or promoted prior to January 1, 2020.
2. Certification as either Chief Officer or Chief Fire Officer issued by
the State Fire Marshal.
3. Completion of the Executive Fire officer (EFO) program through the
National Fire Academy.
4. A Bachelors’ or Masters’ Degree from an accredited college or
University with a major in Business, Management, Public
Administration, Emergency Management or a related field.
D. Qualifications for allowances shall be under the following conditions:
1. A contingent allowance of 2.5% shall be awarded for annually
completing at least forty (40) hours of approved education or
training or at least three (3) approved college semester units (or
equivalent quarter units) or an approved combination thereof in
pursuit of options (a) through (d) in Section 4 above.
May 26, 2020 Contra Costa County Fire Protection District 83
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 51 of 56 2020-2023 MOU
2. A permanent allowance of 2.5% shall be awarded for possession of
one of options (a) through (d) in Section 3 above. A maximum
permanent allowance of 5% is allowable.
3. The combined contingent and permanent allowances awarded to
any employee may not exceed seven and one-half percent (7.5%)
of the employee’s base rate of pay.
E. The educational incentive program is subject to appropriate administrative
guidelines and controls promulgated by the Fire Chief and approved by
the Human Resources Director to ensure that the standards described
herein are met. Employees who become qualified for allowances as
described herein shall be eligible for receipt of the appropriate allowance
beginning on the first day of the following month providing that acceptable
documentation is received by Fire District Administration not later than the
twenty-fifth (25th) of the preceding month.
26.5 Management Development Policy. Employees shall be authorized to
attend professional training programs, seminars and workshops - a minimum of
thirty (30) hours annually, during normal work hours only with the Fire Chief’s
approval – for the purpose of developing knowledge, skills and abilities in the
areas of supervision, management and District/County policies and procedures.
The Fire District is encouraged to provide professional development opportunities
for people newly promoted into positions of direct supervision.
Priority for professional training programs shall be afforded those offered through
the Contra Costa Training Institute. Other related and appropriate
training/education resources approved by the Fire District may be considered.
To encourage personal and professional growth, the District provides
reimbursement for certain expenses incurred by employees for job -related
training (required training and career development training/education).
Provisions for eligibility and reimbursement are determined by the District and
County and outlined in District and County policy.
26.6 Professional Development Reimbursement. Employees shall be
eligible for reimbursement of up to $450 for each two (2) year period beginning
January 1, 2001 for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job -related professional
development activities and purchase of computer hardware and software.
Authorization for individual professional development reimbursement requests
shall be made by the Fire Chief. Reimbursement will occur through the regular
demand process with demands being accompanied by proof of payment.
26.7 Bilingual Pay Differential. A monthly salary differential shall be paid to
incumbents of positions requiring bilingual proficiency as designated by the Fire
Chief and the Human Resources Director. The differential shall be prorated for
May 26, 2020 Contra Costa County Fire Protection District 84
SECTION 27 – SPECIAL ASSIGNMENT PRE-APPROVAL
UCOA 52 of 56 2020-2023 MOU
employees working less than full time and/or on an unpaid leave of absence
during any given month. The differential shall be sixty-five dollars ($65) per
month.
Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County, and such designations may be amended or deleted at
any time.
26.8 Emergency Recall and Standby Differential. Standby and emergency
recall is a requirement of all classifications covered under this agreement. A
salary differential in the amount of five percent (5%) of monthly base salary shall
be in effect for personnel (56 hour) assigned to standby and emergency recall
duty a minimum of eight (8) days each month, (twelve (12) days for 40 hour
personnel).
SECTION 27 – SPECIAL ASSIGNMENT PRE-APPROVAL
Any special assignment of personnel must be pre-approved, in writing, by the
appropriate Assistant Chief or, in their absence, the Duty Fire Chief.
SECTION 28 – DAYS AND HOURS OF WORK
28.1 Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours.
B. Alternate Work Schedule: An alternate work schedule is any work
schedule where an employee is regularly scheduled to work five (5) days
per week, but the employee’s regularly scheduled two (2) days off are
NOT Saturday and Sunday.
C. 9/80 Work Schedule: A 9/80 work schedule is where an employee works
a recurring schedule of thirty-six (36) hours in one calendar week and
forty-four (44) hours in the next calendar week, but only forty (40) hours in
the designated workweek. In the thirty-six (36) hour calendar workweek,
four (4) of the workdays are nine (9) hour days and the employee has the
same day of the week off that is worked for eight (8) hours in the forty-four
(44) hour calendar week. In the forty-four (44) hour calendar week, four
(4) of the workdays are nine (9) hours and one of the workdays is eight (8)
hours. Specific 9/80 schedules and requirements for employees are
provided and authorized under Administrative Bulletin No. 435.
D. 56 Hour Schedules: For employees working in 56-hour classifications, the
regular schedule consists of a six day tour of duty that includes two (2)
regularly scheduled 24-hour workdays and four (4) days off, commonly
referred to as 48/96.
May 26, 2020 Contra Costa County Fire Protection District 85
SECTION 28 – DAYS AND HOURS OF WORK
UCOA 53 of 56 2020-2023 MOU
E. Nothing herein shall preclude the Fire Chief or designee from assigning
employees of this unit between the existing work schedules or to the work
assignments which best meet the workload demands and operational
needs of the District and/or which results in the provision of effective,
efficient services to the public.
28.2 Designated Workweek and Work Schedules.
A. Designated Workweek for Employees on Regular and Alternate Work
Schedule: For employees on regular and alternate work schedules, the
designated workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on the following Sunday.
B. Designated Workweek for Employees on a 9/80 Work Schedule: The 9/80
designated workweek begins on the same day of the week as the
employee’s eight (8) hour work day and regularly scheduled 9/80 day off.
The start time of the designated workweek is four (4) hours and one (1)
minute after the start time of the eight (8) hour workday. The end time of
the designated workweek is four (4) hours after the eight (8) hour workday
start time. The result is a designated workweek that is a fixed and
regularly recurring period of seven (7) consecutive 24 hour periods (168
hours).
28.3 Battalion Reassignments. In the event that the Fire Chief or designee
determines a need to reassign Battalion Chief(s) from one battalion to another
battalion, from one 56-hour shift to another 56-hour shift, or both, the Fire Chief
or designee will provide written notice to all impacted Battalion Chiefs of such
need. Such notice will be provided at least five (5) days prior to implementing the
change.
After providing such notice, the Fire Chief or designee will make reassignment(s)
at his/her sole discretion.
28.4 Schedule Reassignments. In the event that the Fire Chief or designee
determines a need to reassign a bargaining unit member from one schedule to
another schedule listed in Section A., the Fire Chief or designee will provide
written notice to all impacted Battalion Chiefs of such need. Such notice will be
provided at least seven (7) days prior to implementing the change.
After providing such notice, the Fire Chief or designee may make
reassignment(s).
If the Association makes a request within five (5) days of this assignment, the
Fire Chief or designee will meet with representatives of the Association to
discuss the assignment(s) and to review alternatives. The Fire Chief or designee
will then confirm or amend the assignment(s).
In the event that the affected employee(s) assignment is involuntary, the
May 26, 2020 Contra Costa County Fire Protection District 86
SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS
UCOA 54 of 56 2020-2023 MOU
assignment shall not exceed one (1) year.
28.5 Designation of Assignments. Nothing herein shall preclude the Fire
Chief or designee from making assignments as necessary to deal with
emergency conditions. The Fire Chief or designee shall follow the provisions
listed above as soon as possible after the emergency assignm ent is proposed
and/or has been made.
28.6 Time Reporting and Pay Practices Waiver. The Association agrees to
the implementation of an Automated Timekeeping System. The Association
waives its right to meet and confer regarding any impacts that may result from
the County’s implementation of the automated timekeeping system, including but
not limited to, changes to current departmental time reporting and pay practices.
The Association agrees to convert from the current payroll cycle when the
County is able to upgrade the current payroll system or implement a new County
payroll system.
SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS
The maximum number of continuous work hours for Battalion Chiefs shall be
limited to 96 hours.
A. An employee must have twenty-four (24) hours off after a 96 hour
continuous segment.
B. Exceptions may be made (at the discretion of the Duty Chief or) if
emergency activities require extended schedules (for example, mandatory
hold-overs).
C. This proposal does not apply to strike team assignments and/or incident
management team deployments.
SECTION 30 – BATTALION CHIEF OPENINGS
As assignments for a Battalion Chief occur, Battalion Chiefs shall be notified of
such openings and be afforded an opportunity to request reassignment - said
request to be submitted in writing to the Fire Chief or designee. However,
requests will be granted or denied at the sole discretion of the Fire Chief
SECTION 31 – SERVICE AWARDS
The District shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at the
sole discretion of the County.
May 26, 2020 Contra Costa County Fire Protection District 87
SECTION 32 - DEFINITIONS FOR SERVICE AWARDS AND
VACATION ACCRUALS
UCOA 55 of 56 2020-2023 MOU
SECTION 32 - DEFINITIONS FOR SERVICE AWARDS AND VACATION
ACCRUALS
The length of service credits of each employee of the District shall date from the
beginning of the last period of continuous District employment (including
temporary, provisional and permanent status, and absences on approved leave
of absence). When an employee separates from a permanent position in good
standing and within two (2) years is re-employed in a permanent District position
or is re-employed in a permanent District position from a layoff list within the
period of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The Director of
Human Resources shall determine these matters based on the employee status
records in their department.
SECTION 33 - UNFAIR LABOR PRACTICE
Either the District/County or the Association may file an Unfair Labor Practice, as
defined in Chapter 34-22 of Resolution 81/1165, against the other.
If not resolved in discussions between the parties, the parties may, but need not
agree to have allegations of an Unfair Labor Practice heard by a mutually agreed
upon impartial third party.
SECTION 34 - ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable
on the dates indicated and upon approval by the Board of Supervisors.
Resolutions and Ordinances, where necessary, shall be prepared and adopted in
order to implement these provisions. It is understood that where it is determined
that an Ordinance is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following thirty
(30) days after such Ordinance is adopted.
SECTION 35 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
35.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding represents the full and complete
incorporation of those proposals which were considered and evaluated pursuant
to the meet and confer process. This Memorandum of Understa nding constitutes
the entire and sole agreement between the Parties on any and all matters that
were presented during the meet and confer process. If a proposal was made by
either Party and not incorporated within this Agreement, then it was considered
and rejected. Any past side letters or any other agreements that are not
incorporated into or attached to this MOU are deemed expired upon approval of
this MOU by the Board of Directors.
May 26, 2020 Contra Costa County Fire Protection District 88
SECTION 35 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
UCOA 56 of 56 2020-2023 MOU
The Association understands and agrees that the County and/or District is not
obligated to meet and confer regarding wages, hours or conditions of
employment during the term of this extended agreement, except as otherwise
required by law.
35.2 Separability of Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal, unlawful or
unenforceable, by final judgment of a court of competent jurisdiction, such
invalidation of such section, clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain in full force and effect
for the duration of this Memorandum of Understanding.
35.3 Personnel Management Regulations. Where a specific provision
contained in a section of this Memorandum of Understanding conflicts with a
specific provision contained in a section of the Personnel Management
Regulations, the provision of this Memorandum of Understanding shall prevail.
Those provisions of the Personnel Management Regulations within th e scope of
representation which are not in conflict with the provisions of this Memorandum
of Understanding and those provisions of the Personnel Management
Regulations which are not within the scope of representation shall be considered
in full force and effect.
35.4 Duration of Agreement. This Agreement shall continue in full force and
effect from July 1, 2020 to and including June 30, 2023. Said Agreement shall
automatically renew from year to year thereafter unless either party gives written
notice to the other prior to sixty (60) days from the aforesaid termination date of
its intention to amend, modify or terminate the Agreement.
May 26, 2020 Contra Costa County Fire Protection District 89
UNITED CHIEF OFFICERS ASSOCIATION
ATTACHMENT
ATTACHMENT A CLASS & SALARY LISTING
May 26, 2020 Contra Costa County Fire Protection District 90
UNITED CHIEF OFFICERS ASSOCIATION
CLASS AND SALARY LISTING
Effective July 1, 2020
ATTACHMENT A
Job Code Class Title
Flex Staff (F) /
Deep Class
(D)From To
RPHE*Battalion Chief-40 Hour $13,493.62 $14,876.72
RPHA*Battalion Chief-56 Hour $13,493.62 $14,876.72
RPHD*Chief Fire Emergency Med Svcs $13,512.97 $14,898.05
* All classifications are Safety
Salary Range
Page 1 of 1May 26, 2020 Contra Costa County Fire Protection District 91
Page 1 of 4
UNITED CHIEF OFFICERS ASSOCIATION
SUBJECT INDEX
Accrual During Leave Without Pay ............................................................................. 17
Acting Battalion Chief Assignments ............................................................................ 15
Acting in a Higher Class .............................................................................................. 13
Additional Hours.......................................................................................................... 14
Adoption ...................................................................................................................... 55
Advance Notice ............................................................................................................. 6
Aggregate Use for Parents ......................................................................................... 25
Anniversary Dates ......................................................................................................... 9
Annual Administrative Leave ...................................................................................... 15
Assignment of Classes to Bargaining Units .................................................................. 7
Association Dues Form ................................................................................................. 4
Association Notification ............................................................................................... 15
Association Recognition ................................................................................................ 4
Association Representatives ......................................................................................... 9
Association Security ...................................................................................................... 4
Attendance at Meetings ................................................................................................ 8
Battalion Chief Openings ............................................................................................ 54
Battalion Reassignments ............................................................................................ 53
Bilingual Pay Differential ............................................................................................. 51
CalPERS Health Plan Monthly Premium Subsidy ....................................................... 28
Cause for Dismissal, Suspension, Demotion and Reduction in Salary ....................... 40
Certification for FMLA/CFRA ...................................................................................... 26
Certification Requirements .......................................................................................... 48
Clarification on Time Limits of the Complaint Procedure ............................................ 44
Classes with Changed Probationary Periods .............................................................. 35
Coerced Resignations ................................................................................................. 39
Commuter Benefit Program ........................................................................................ 48
Communicating With Employees .................................................................................. 5
Compensation Complaints .......................................................................................... 45
Compensation for Portion of Month ............................................................................ 11
Complaint Filing .......................................................................................................... 45
Constructive Resignation ............................................................................................ 38
Contra Costa Health Plan (CCHP) .............................................................................. 28
Credit Accrued and Charges Against Sick Leave ....................................................... 18
Days and Hours of Work ............................................................................................. 52
Deferred Compensation Incentive............................................................................... 49
Definitions ..................................................................................................................... 2
Definitions (Days and Hours of Work) ......................................................................... 53
Definitions (Leave of Absence) ................................................................................... 25
Definitions for Service Awards and Vacation Accruals ................................................ 55
May 26, 2020 Contra Costa County Fire Protection District 92
Page 2 of 4
Dental Plan ................................................................................................................. 29
Dependent Care Assistance Program ......................................................................... 34
Designated Workweek and Work Schedules .............................................................. 53
Designation of Assignments ....................................................................................... 54
Discrimination Prohibited .............................................................................................. 7
Dismissal, Suspension, Demotion And Reduction in Salary ....................................... 40
District Dental Plan Premium Subsidy On and After January 1, 2014 ......................... 29
Dual Coverage ............................................................................................................ 33
Dues Deduction ............................................................................................................ 4
Duration (Probationary Period) ................................................................................... 35
Duration of Agreement ................................................................................................ 56
Educational Incentive Program ................................................................................... 50
Effective Resignation .................................................................................................. 39
Emergency Recall and Standby Differential ................................................................ 52
Employee Representation Rights................................................................................ 46
Entrance Salary ............................................................................................................ 9
Extended Coverage .................................................................................................... 32
Fifty-Six (56) Hour Employees .................................................................................... 16
Forty (40) Hour Employees ......................................................................................... 16
General Administration – Leaves of Absence ............................................................. 23
General Provisions ...................................................................................................... 16
General Terms (Certification Requirements) .............................................................. 48
General Terms (Holidays) ........................................................................................... 16
Group Health Plan Coverage ...................................................................................... 26
Health and Welfare, Life and Dental Care .................................................................. 28
Health Care Spending Account ................................................................................... 34
Health Plan ................................................................................................................. 28
Holidays ...................................................................................................................... 15
Holidays Observed ...................................................................................................... 15
Increments Within Range ............................................................................................ 10
Intermittent Use of Leave ............................................................................................ 25
Layoff During Probation .............................................................................................. 36
Leave of Absence ....................................................................................................... 23
Leave of Absence Replacement and Reinstatement .................................................. 27
Leave Pending Employee Response .......................................................................... 41
Leave Without Pay ...................................................................................................... 23
Leave Without Pay – Use of Accruals ......................................................................... 27
Letter of Reprimand .................................................................................................... 45
Life Insurance Benefit Under Health and Dental Plans ............................................... 31
Life Insurance Contribution ......................................................................................... 31
May 26, 2020 Contra Costa County Fire Protection District 93
Page 3 of 4
List of Employees with Dues Deduction ........................................................................ 7
Long-Term Disability Insurance .................................................................................. 34
Longevity Pay ............................................................................................................. 49
Maintenance of Membership ......................................................................................... 5
Management Complaint Procedure ............................................................................ 42
Management Development Policy .............................................................................. 51
Management Life Insurance ....................................................................................... 33
Maximum Continuous Work Hours ............................................................................. 54
Merit Board ................................................................................................................. 45
Mileage ....................................................................................................................... 48
Military Leave .............................................................................................................. 24
Name ............................................................................................................................ 4
No Strike ..................................................................................................................... 45
Number of Shift Battalion Chiefs Off on Elective Leave .............................................. 23
Official Representatives ................................................................................................ 8
Other Terms of Employment ....................................................................................... 48
Overtime Compensation ............................................................................................. 14
Part-Time Compensation ............................................................................................ 11
Payment ...................................................................................................................... 13
Pay Warrant Errors ..................................................................................................... 13
Permanent Part-Time Employees ............................................................................... 16
Personnel Management Regulations .......................................................................... 56
PERS Long Term Care ............................................................................................... 34
Physical Examination as Part of Promotional Exam ination ......................................... 38
Policies Governing the Use of Paid Sick Leave .......................................................... 19
Position Reclassification ............................................................................................. 11
Pregnancy Disability Leave ......................................................................................... 26
Premium Conversion Plan .......................................................................................... 34
Premium Payments ..................................................................................................... 31
Prevailing Section ....................................................................................................... 34
Probationary Period .................................................................................................... 35
Probationary Period Time ........................................................................................... 35
Procedure on Dismissal, Suspension or Disciplinary Demotion .................................. 41
Professional Development Reimbursement ................................................................ 51
Prohibited Uses of Paid Sick Leave ............................................................................ 22
Promotion ................................................................................................................... 37
Promotion Policy ......................................................................................................... 37
Promotion Via Reclassification Without Examination .................................................. 37
Pro-rated Accruals ...................................................................................................... 17
Purpose ...................................................................................................................... 18
Rate Information ......................................................................................................... 31
Recognition ................................................................................................................... 4
Regular Appointment .................................................................................................. 36
Reinstatement From Family Care/Medical Leave ....................................................... 27
May 26, 2020 Contra Costa County Fire Protection District 94
Page 4 of 4
Rejection During Probation ......................................................................................... 35
Rejection During Probation of Layoff Employee ......................................................... 37
Representation Outside of Association ....................................................................... 44
Required Certifications ................................................................................................ 48
Requirements for Promotional Standing ..................................................................... 37
Resignations ............................................................................................................... 38
Resignation in Good Standing .................................................................................... 38
Retirement Contribution .............................................................................................. 46
Retirement Coverage .................................................................................................. 32
Revocation .................................................................................................................. 39
Safety .......................................................................................................................... 47
Safety Employees Retirement .................................................................................... 46
Salaries ......................................................................................................................... 9
Salary on Involuntary Demotion .................................................................................. 12
Salary on Promotion ................................................................................................... 12
Salary on Voluntary Demotion .................................................................................... 13
Salary Reallocation and Salary on Reallocation ......................................................... 11
Salary Review While on Leave of Absence ................................................................ 28
Schedule Reassignments ........................................................................................... 53
Scope of Adjustment Board and Arbitration Decisions ................................................ 44
Scope of Agreement ................................................................................................... 55
Scope of Agreement & Separability of Provisions ....................................................... 55
Seniority Credits.......................................................................................................... 38
Separability of Provisions ............................................................................................ 56
Service Awards ........................................................................................................... 54
Sick Leave .................................................................................................................. 18
Sick Leave Incentive Plan ........................................................................................... 22
Skelly Requirements ................................................................................................... 41
Special Assignment Pre-Approval............................................................................... 52
Suspensions Without Pay ........................................................................................... 41
Time Reporting and Pay Practices Waiver ................................................................. 54
Training ....................................................................................................................... 50
Unauthorized Absence ................................................................................................ 28
Unfair Labor Practice .................................................................................................. 55
Uniform Allowance ...................................................................................................... 48
Use of District Buildings ................................................................................................ 6
Vacation Accrual Rates ............................................................................................... 17
Vacation Allowance for Separated Employees ........................................................... 18
Vacation Buy Back ...................................................................................................... 17
Vacation Leave ........................................................................................................... 16
Vacation Leave on Reemployment from a Layoff List ................................................. 18
Voluntary Vision Plan .................................................................................................. 34
Wages ........................................................................................................................... 9
Withdrawal of Membership ........................................................................................... 5
Written Statement for New Employees ......................................................................... 7
May 26, 2020 Contra Costa County Fire Protection District 95
RECOMMENDATION(S):
Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT Resolution No.
2020/5 regarding salary increases for unrepresented fire safety management classifications in the Contra
Costa County Fire Protection District.
FISCAL IMPACT:
The estimated cost of this action is $120,000 for FY 2020/21; $247,000 for FY 2021/22; and $380,000 for
FY 2022/23. The estimated cost of the three fiscal years is $747,000.
BACKGROUND:
Historically, the wages and benefits granted by the District to its unrepresented safety management
employees have paralleled the wages and benefits negotiated by the District with the United Chief Officers'
Association. On May 26, 2020, the Governing Body of the Contra Costa County Fire Protection District
adopted a new memorandum of understanding (MOU) with the United Chief Officers' Association that
included wage increases. Resolution No. 2020/5 increases the wages of unrepresented safety management
classifications in order to retain parity with represented fire classifications.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Lewis Broschard, CCCFPD Fire Chief, Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director
D.6
To:Contra Costa County Fire Protection District Board of Directors
From:David Twa, County Administrator
Date:May 26, 2020
Contra
Costa
County
Subject:Salary Resolution No. 2020/5 Increasing Salaries for Unrepresented Fire Safety Management
May 26, 2020 Contra Costa County Fire Protection District 96
BACKGROUND: (CONT'D)
> In summary the resolution provides:
Effective July 1, 2020 five percent (5%) increase;
Effective July 1, 2021 five percent (5%) increase; and
Effective July 1, 2022 five (5%) increase.
CONSEQUENCE OF NEGATIVE ACTION:
The District could be detrimentally impacted by the potential loss of highly-trained personnel and it may
become more difficult to attract candidates for promotion.
AGENDA ATTACHMENTS
Resolution 2020/5
MINUTES ATTACHMENTS
Signed Resolution No. 2020/5
May 26, 2020 Contra Costa County Fire Protection District 97
THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Adopted this Resolution on 05/26/2020 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2020/5
In the Matter of: Salary Increases for unrepresented Fire safety management classifications in the Contra Costa County Fire
Protection District
The Contra Costa County Board of Supervisors acting as the Governing Board of the Contra Costa County Fire Protection
District RESOLVES THAT:
The District will implement general salary increases for the classifications of Assistant Fire Chief-Exempt (RPB1); Assistant Fire
Chief-Group 1 (RPBA); Deputy Fire Chief-Exempt (RPB2); Fire Marshal (RJGA); Fire Chief-Contra Costa (RPA1); Supervising
Fire Inspector (RJHC):
Effective July 1, 2020 five percent (5%) increase;
Effective July 1, 2021 five percent (5%) increase; and
Effective July 1, 2022 five percent (5%) increase.
Contact: Lisa Driscoll, County Finance Director (925)
335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Lewis Broschard, CCCFPD Fire Chief, Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director
May 26, 2020 Contra Costa County Fire Protection District 98
May 26, 2020 Contra Costa County Fire Protection District 99
RECOMMENDATION(S):
ADOPT Resolution No. 2020/6, which supersedes Resolution No. 2019/63, regarding compensation and
benefits for unrepresented fire safety management classifications in the Contra Costa County Fire
Protection District.
FISCAL IMPACT:
Technical change to language has no fiscal impact.
BACKGROUND:
The Management Resolution for the Contra Costa County Fire Protection District has been modified in the
following ways:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Lisa Driscoll, County Finance
Director, (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Lewis Broschard, CCCFPD Fire Chief
D.7
To:Contra Costa County Fire Protection District Board of Directors
From:David Twa, County Administrator
Date:May 26, 2020
Contra
Costa
County
Subject:Contra Costa County Fire Management Resolution No. 2020/6 which Supercedes Resolution No. 2017/392
May 26, 2020 Contra Costa County Fire Protection District 100
BACKGROUND: (CONT'D)
>
Section 21. Fire Emergency Recall and Standby Differential. Clarified that the
standby with emergency recall duty differential applies to all classifications covered
by the resolution except for the Fire Chief.
1.
Section 26. No Fire Services Standby Duty with Emergency Recall Differential.
Made non-substantive changes to the title of the differential that does not apply to
the Fire Chief.
2.
CONSEQUENCE OF NEGATIVE ACTION:
Calculation of pension benefits will continue to be protracted.
AGENDA ATTACHMENTS
Resolution 2020/6
Body of Resolution No. 2020-6
MINUTES ATTACHMENTS
Signed Resolution No. 2020/6
May 26, 2020 Contra Costa County Fire Protection District 101
THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Adopted this Resolution on 05/26/2020 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2020/6
In the Matter Of: Compensation and Benefits for Contra Costa County Fire Protection District Unrepresented Fire Safety
Management Employees
The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the Contra Costa County
Fire Protection District RESOLVES THAT:
Effective on July 1, 2020 and continuing, and until further Order of the Board, the Board adopts the attached program of
compensation and benefits for Contra Costa County Fire Protection District Unrepresented Safety Management employees in the
classifications listed below. Except for Section 3 of Resolution No. 2002/615, this Resolution supersedes all previous resolutions
providing compensation and benefits for the employees in classifications listed below, including but not limited to Resolution No.
2019/63.
Assistant Fire Chief-Exempt (RPB1)
Assistant Fire Chief-Group 1 (RPBA)
Deputy Fire Chief-Exempt (RPB2)
Fire Marshal (RJGA)
Fire Chief-Contra Costa (RPA1)
Supervising Fire Inspector (RJHC)
Unless expressly provided otherwise, this Resolution is subject to the provisions of appropriate Administrative and Personnel
Bulletins, the 1937 County Employees Retirement Act, the County Salary Regulations, and the County Personnel Management
Regulations.
Unrepresented safety management employees include employees in classified, exempt, and project classifications. This
Resolution is organized in two parts to distinguish those general Fire District benefits provided to unrepresented safety
management employees (Part I) and those benefits provided exclusively to the Fire Chief (Part II). Unless otherwise expressly
provided, compensation and benefits under this Resolution are authorized only for permanent and project employees who work
full time or part time, no less than twenty (20) hours per week.
The full text of this Resolution is attached.
Contact: Lisa Driscoll, County Finance Director, (925)
335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Lewis Broschard, CCCFPD Fire Chief
May 26, 2020 Contra Costa County Fire Protection District 102
May 26, 2020 Contra Costa County Fire Protection District 103
TABLE OF CONTENTS
Resolution No. 2020/6
I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES
1. Leaves With and Without Pay
1.10 Holidays (list of holidays observed by the District)
1.11 Definitions
1.12 Holidays
1.13 Holidays - Flexible Work Schedules
1.14 Holidays - Part-Time Employees
1.15 No Overtime Pay, Holiday Pay, or Comp Time
1.16 Personal Holiday Credit
1.17 Vacation
1.18 Sick Leave
1.19 Part-Time Employees
1.20 Family Care Leave
1.21 Leave Without Pay-Use of Accruals
2. Health and Dental Benefits
2.A. Health Plans
2.10 Health Plan Coverages
2.11 Contra Costa Health Plan (CCHP)
2.12 Health Plan Monthly Premium Subsidy
2.13 Retirement Coverage
2.14 Premium Payments
2.B. Dental and Life Insurance Plans
2.15 Dental Program
2.16 Dental Plan Premium Subsidy
2.17 Retirement Coverage
2.18 Life Insurance Benefit Under Health and Dental Plans
2.19 Supplemental Life Insurance
2.20 Premium Payments
2.21 Family Member Eligibility Criteria
May 26, 2020 Contra Costa County Fire Protection District 104
2.C. General Provisions
2.22 Extended Coverage
2.23 Rate Information
2.24 Dual Coverage
2.25 Catastrophic Leave Program
2.26 Health Care Spending Account
2.27 PERS Long-Term Care
2.28 Dependent Care Assistance Program
2.29 Premium Conversion Plan
2.30 Prevailing Section
2.31 Voluntary Vision Plan
3. Transportation Expense
3.10 Mileage Reimbursement
3.11 Commuter Benefit Program
4. Retirement Benefits
4.10 Contribution
4.11 Safety Employees Retirement- Tier A- Employees who Became
Safety Members of CCCERA before January 1, 2013
4.12 Employees with More Than 30 Years of Continuous Service as
Safety Members
4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees
who Become Safety Members of CCCERA on or after January 1,
2013
5. 415H2 Participation
6. Training
6.10 Career Development Training Reimbursement
6.11 Management Development Policy
7. Bilingual Pay Differential
8. Higher Pay for Work in a Higher Classification
9. Other Terms and Conditions of Employment
9.10 Overtime Exempt Exclusion
9.11 Overtime
9.12 Length of Service Credits
May 26, 2020 Contra Costa County Fire Protection District 105
9.13 Mirror Classifications
9.14 Deep Classes
9.15 Administrative Provisions
10. Management Longevity Pay
11. Deferred Compensation
12. Annual Management Administrative Leave
13. Management Life Insurance
14. Vacation Buy Back
15. Professional Development Reimbursement
16. Sick Leave Incentive Plan
17. Video Display Terminal (VDT) Users Eye Examination
18. Long-Term Disability Insurance
19. Uniform Allowance
20. Fire Management Educational Allowance Program
21. Fire Services Standby with Emergency Recall Duty Differential
22. Executive Professional Development Reimbursement
II. BENEFITS FOR FIRE CHIEF
23. Automobile
24. Executive Life Insurance
25. Fire Management Educational Reimbursement
26. No Fire Services Standby with Emergency Recall Duty Differential
27. No Vacation Buy Back
May 26, 2020 Contra Costa County Fire Protection District 106
I. BENEFITS FOR UNREPRESENTED SAFETY MANAGEMENT EMPLOYEES IN
THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
1. Leaves With and Without Pay
1.10 Holidays: The District will observe the following holidays during the term
covered by this Resolution:
New Year’s Day Labor Day
Martin Luther King Jr. Day Veteran’s Day
Washington’s Birthday Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Such other days as the Board of Supervisors may designate by Resolution
as holidays.
Any holiday observed by the District that falls on a Saturday is observed
on the preceding Friday and any holiday that falls on a Sunday is
observed on the following Monday.
1.11 Definitions:
Regular Work Schedule: The regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours per
week.
Flexible Work Schedule: A flexible work schedule is any schedule that is
not a regular, alternate, 9/80, or 4/10 work schedule and where the
employee is not scheduled to work more than 40 hours in a “workweek” as
defined below.
Workweek for Employees on Regular and Flexible Work Schedules: For
employees on regular and flexible work schedules, the workweek begins
at 12:01a.m. on Monday and ends at twelve midnight on Sunday.
1.12 Holidays Observed: Employees on regular and flexible work schedules
are entitled to observe a holiday (day off work), without a reduction in pay,
whenever a holiday is observed by the District.
1.13 Holidays – Flexible Work Schedules: When a holiday falls on the regularly
scheduled day off of any employee who is on a flexible work schedule, the
employee is entitled to take the day off, without a reduction in pay, in
recognition of the holiday. These employees are entitled to request
another day off within the same work week in recognition of their regularly
May 26, 2020 Contra Costa County Fire Protection District 107
scheduled day off. The requested day off must be within the same work
week as the holiday and it must be pre-approved by the employee’s
supervisor. If the day off is not approved by the supervisor, it is lost. If the
approved day off is a nine (9) hour workday, the employee must use one
(1) hour of non-sick-leave accruals. If the approved day off is a ten (10)
hour workday, the employee must use two (2) hours of non-sick-leave
accruals. If the employee does not have any non-sick-leave accrual
balances, leave without pay (AWOP) will be authorized.
1.14 Holidays – Part-Time Employees: Permanent, part-time employees are
entitled to observe a holiday (day off work) in the same ratio as the
number of hours in the part-time employee’s schedule bears to forty (40)
hours.
1.15 No Overtime Pay, Holiday Pay, or Comp Time: Employees are not
entitled to receive overtime pay, holiday pay, overtime compensatory time,
or holiday compensatory time. Employees who are unable or not
permitted to observe a holiday (take the day off), are authorized to receive
overtime pay ONLY IF the employee is on the Overtime Exempt Exclusion
List (see Section 9.10).
1.16 Personal Holiday Credit: Employees are entitled to accrue two (2) hours
of personal holiday credit each month. This time is prorated for part-time
employees. No employee may accrue more than forty (40) hours of
personal holiday credit. On separation from District service, employees
are paid for any unused personal holiday credits at the employee’s then
current rate of pay, up to a maximum of forty (40) hours.
1.17 Vacation: Employees are entitled to accrue paid vacation credit not to
exceed the maximum cumulative hours as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
May 26, 2020 Contra Costa County Fire Protection District 108
Each employee is eligible to accrue increased vacation hours on the first
day of the month following the employee’s Service Award Date.
An employee’s Service Award Date is the first day of his/her temporary,
provisional, or permanent appointment to a position in the County. If an
employee is first appointed to a temporary or provisional position and then
later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional
appointment.
1.18 Sick Leave: Employees are entitled to accrue paid sick leave credit in
accordance with the provisions of the County Salary Regulations and
District Personnel Bulletin No. 21 (Sick Leave Policy) adopted on August
10, 1995, as periodically amended.
1.19 Part-Time Employees: Part-time employees are entitled to accrue paid
vacation and sick leave credit on a pro-rata basis.
1.20 Family Care Leave: The provisions of Section 1006.3 of the Contra Costa
County Personnel Management Regulations and Resolution No. 94/416,
as amended, relating to Leaves of Absence and Family Care Medical
Leave apply to all employees covered by this Resolution.
1.21 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of
the Contra Costa County Personnel Management Regulations, as
amended, relating to use of accruals while on leave without pay, apply to
all employees covered by this Resolution.
2. Health, Dental and Related Benefits
2.A. Health Plans
2.10 Health Plan Coverages: Group health benefits through the California
Public Employees’ Retirement System (CalPERS) are provided for all
permanent full-time employees.
The CalPERS health care program, as regulated by the Public Employees’
Medical and Hospital Care Act (PEMHCA), regulations issued pursuant to
PEMHCA and the administration of PEMHCA by CalPERS, controls on all
health plan issues, including but not limited to eligibility, benefit levels,
benefit plans, minimum premium subsidies, and costs.
2.11 Contra Costa Health Plan (CCHP): Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative
CalPERS plan option, employees and COBRA counterparts may elect to
May 26, 2020 Contra Costa County Fire Protection District 109
enroll in CCHP under the CalPERS plan rules and regulations.
2.12 Health Plan Monthly Premium Subsidy: The District’s subsidies to the
CalPERS monthly health plan premiums are as provided below. The
employee must pay any Health Plan premium costs that are greater than
the District’s subsidies identified below.
a. Health Plan Premium Subsidy:
1. District Premium Subsidy through November 30, 2015. Beginning
on January 1, 2010, and through November 30, 2015, the amount of the
District premium subsidy that is paid for employees and eligible family
members is a set dollar amount and is not a percentage of the premium
charged by the plan. The District will pay the CalPERS statutory minimum
employer monthly health plan premium subsidy or the following monthly
health plan premium subsidy, whichever is greater:
Employee/Retiree/Survivor Only $478.69
Employee/Retiree/Survivor & One Dependent $957.38
Employee/Retiree/Survivor & Two or more Dependents $1228.67
2. District Premium Subsidy through November 30, 2016. For the plan
year that begins on January 1, 2016, the District will contribute up to an
amount equivalent to eighty percent (80%) of the 2016 CalPERS Kaiser
premium at each level (employee only, employee + 1, employee + 2 or
more) towards the covered employee’s CalPERS or CalPERS Alternative
Plan (CCHP) premium.
3. District Premium Subsidy On and After December 1, 2016. For the
plan year that begins on January 1, 2017, the District will pay a monthly
premium subsidy for each health plan that is equal to the actual dollar
monthly premium subsidy that is paid by the District for that plan as of
November 30, 2016. In addition, if there is an increase in the monthly
premium charged by a health plan for 2017, the District and the employee
will each pay fifty percent (50%) of that increase. For each plan year
thereafter, and for each plan, the District and the employee will each pay
fifty percent (50%) of the monthly premium increase above the 2016 plan
premiums.
b. In the event that the District premium subsidy amounts are greater than
one hundred percent (100%) of the applicable premium of any health or
dental plan, for any plan year, the District’s subsidy will not exceed one
hundred percent (100%) of the applicable plan premium.
2.13 Retirement Coverage: Government Code section 22892 applies to all
employees covered by this Resolution.
May 26, 2020 Contra Costa County Fire Protection District 110
2.14 Premium Payments: Employee participation in any health plan is
contingent upon the employee authorizing payroll deduction by the District
of the employee’s share of the premium cost. If an employee’s
compensation in any month (including during a leave of absence) is not
sufficient to pay the employee share of the premium, the employee must
pay the difference to the Auditor-Controller. The responsibility for this
payment rests solely with the employee.
2.B. Dental and Life Insurance Plans
2.15 Dental Program: Every permanent employee may participate in any
available County Group Dental Plan. The District may change dental plan
providers at any time during the term of this resolution.
2.16 Dental Plan Premium Subsidy: The dental plan premium subsidies set
forth below are provided only for permanent full-time employees and
permanent part-time employees regularly scheduled to work at least
twenty (20) hours per week. The employee will pay any dental plan costs
that are greater than the District’s premium subsidies set forth below.
a. Beginning on January 1, 2010, and for each calendar year thereafter,
the amount of the District premium subsidy that is paid for employees and
eligible family members is a set dollar amount and is not a percentage of
the premium charged by the dental plan. The District will pay the following
monthly dental plan premium subsidies:
Delta Dental with CCHP A or B:
Single: $41.17
Family: $93.00
Delta Dental with any CalPERS health plan
Single: $34.02
Family: $76.77
Delta Dental without a health plan
Single: $43.35
Family: $97.81
DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
DeltaCare (PMI) with any CalPERS health plan
Single: $21.31
May 26, 2020 Contra Costa County Fire Protection District 111
Family: $46.05
DeltaCare (PMI) without a health plan
Single: $27.31
Family: $59.03
b. If the District contracts with another dental plan, the District will
determine the monthly dollar premium subsidy that it will pay to that dental
plan for employees and their eligible family members.
c. In the event that the District premium subsidy amounts are greater than
one hundred percent (100%) of the applicable premium of any dental plan,
for any plan year, the District’s contribution will not exceed one hundred
percent (100%) of the applicable plan premium.
2.17 Retirement Coverage:
a. Upon Retirement:
1. Upon retirement and for the term of this resolution, employees and
their eligible family members may remain in their District dental plan, but
without District-paid life insurance coverage, if immediately before their
proposed retirement the employees and dependents are either active
subscribers to one of the District contracted dental plans, or if while on
authorized leave of absence without pay, they have retained continuous
coverage during the leave period. The District will pay the dental plan
monthly premium subsidies set forth in Section 2.16, subsection a., for
eligible retirees and their eligible family members.
2. For employees hired on or after January 1, 2009 and their eligible
family members, no monthly premium subsidy will be paid by the District
for any dental plan after they separate from District employment. Upon
completion of fifteen (15) years of service as an employee of the District,
an employee who retires under the Contra Costa County Employees’
Retirement Association (“CCCERA”) may retain continuous coverage of
any District dental plan, provided that (I) he or she begins to receive a
monthly retirement allowance from CCCERA within 120 days of
separation from District employment and (ii) he or she pays the full
premium cost under the chosen dental plan without any District premium
subsidy. For purposes of retiree dental eligibility, one year of service is
defined as one thousand (1,000) hours worked within one District
anniversary year.
3. For purposes of this section 2.17 only, “eligible family members” does
not include Survivors of employees or retirees.
May 26, 2020 Contra Costa County Fire Protection District 112
2.18 Life Insurance Benefit Under Health and Dental Plans: For employees
who are enrolled in a District sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten
thousand dollars ($10,000) will be provided by the District.
2.19 Supplemental Life Insurance: In addition to the life insurance benefits
provided by this resolution, employees may subscribe voluntarily and at
their own expense for supplemental life insurance. Employees may
subscribe for an amount not to exceed five hundred thousand dollars
($500,000), of which one hundred thousand dollars ($100,000) is a
guaranteed issue, provided the election is made within the required
enrollment periods.
2.20 Premium Payments: Employee participation in any dental or life insurance
plan is contingent upon the employee authorizing payroll deduction by the
District of the employee’s share of the premium cost. The District’s
subsidy to the dental and life insurance premium is payable monthly. If an
employee’s compensation in any month (including during a leave of
absence) is not sufficient to pay the employee share of the premium, the
employee must pay the difference to the Auditor-Controller. The
responsibility for this payment rests solely with the employee.
2.21 Family Member Eligibility Criteria: The following persons may be enrolled
as the eligible Family Members of a dental plan Subscriber:
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) under age 19; or
(2) Age 19 or above, but under age 24; and who
I. Resides with the employee for more than 50% of the year,
excluding time living at school; and,
ii. Receives at least 50% of support from employee; and
iii. Is enrolled and attends school on a full-time basis, as defined by
the school.
d. Employee’s disabled child who is over age 19, unmarried, and
incapable of sustaining employment due to a physical or mental
disability that existed prior to the child’s attainment of age 19.
May 26, 2020 Contra Costa County Fire Protection District 113
2. “Employee’s child” includes natural child, step-child, adopted child,
child of a qualified domestic partner, and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
2.C. General Provisions
2.22 Extended Coverage:
a. An employee on approved leave without pay for more than thirty (30)
days may continue his/her health/dental/life insurance coverage provided
that the employee pays his/her share of the monthly premium during said
leave.
b. An employee who separates from District employment is covered by
his/her District health and/or dental plan through the last day of the month
in which he/she separates. Employees who separate from District
employment may continue Group health and/or dental plan coverage to
the extent provided by the COBRA laws and regulations.
2.23 Rate Information: The County-Benefits Service Unit will make dental plan
rate information and, to the extent possible, CalPERS health plan rate
information available to employees and departments, upon request. In
addition, the County Benefits Service Unit will publish and distribute to
employees and departments information about rate changes as they occur
during the year.
2.24 Dual Coverage:
a. Each employee and retiree may be covered only by a single District
health (or dental) plan, including a CalPERS plan. For example, a District
employee may be covered under a single District health and/or dental plan
as either the primary insured or the dependent of another District
employee or retiree, but not as both the primary insured and the
dependent of another District employee or retiree.
b. All dependents may be covered by the health and/or dental plan of only
one spouse or one domestic partner. For example, when both husband
and wife are District employees, all of their eligible children may be
covered as dependents of either the husband or the wife, but not both.
c. For purposes of Section 2.24, only, “District” includes the County of
Contra Costa, the Contra Costa County Fire Protection District, and all
other special districts governed by the Board of Supervisors.
May 26, 2020 Contra Costa County Fire Protection District 114
2.25 Catastrophic Leave Program: All employees are included in the District’s
Program and may designate a portion of their accrued vacation,
administrative leave or personal holiday credit to be deducted from
existing balances and credited to a specific eligible employee. To utilize
this program, all recipient requests must be submitted to the Fire Chief for
review and recommendation to the County Administrator. The County
Administrator will make final decision as to approval or denial of the
request to use accruals in the Catastrophic Leave Bank.
2.26 Health Care Spending Account: After six (6) months of permanent
employment, employees may elect to participate in a Health Care
Spending Account (HCSA) Program designated to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set aside a pre-
determined amount of money from their pay, before taxes, for health care
expenses not reimbursed by any other health benefit plan. HCSA dollars
can be expended on any eligible medical expenses allowed by Internal
Revenue Code Section 125. Any unused balance is forfeited and cannot
be recovered by the employee.
2.27 PERS Long-Term Care: The District will deduct and remit monthly
premiums to the PERS Long-Term Care Administrator for employees who
are eligible and voluntarily elect to purchase long-term care at their
personal expense through the PERS Long-Term Care Program.
2.28 Dependent Care Assistance Program: The District will continue to offer
the option of enrolling in a Dependent Care Assistance Program (DCAP)
designed to qualify for tax savings under Section 129 of the Internal
Revenue Code, but tax savings are not guaranteed. The program allows
employees to set aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for eligible dependent care
(child and elder care) expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
2.29 Premium Conversion Plan: The District will continue to offer a Premium
Conversion Plan (PCP) designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but tax savings are not guaranteed.
The program allows employees to use pre-tax dollars to pay health and
dental premiums.
2.30 Prevailing Section: To the extent that any provision of this Section
(Section 2. Health, Dental and Related Benefits) is inconsistent with any
provision of any other District or County enactment or policy, including
Administrative Bulletins, County Salary Regulations, and County
Personnel Management Regulations, or any other resolution or order of
May 26, 2020 Contra Costa County Fire Protection District 115
the Board of Supervisors, acting in any of its various capacities including
as the Governing Board of the Contra Costa County Fire Protection
District, the provisions of this Section (Section 2. Health, Dental and
Related Benefits) will prevail.
2.31 Voluntary Vision Plan: Beginning no earlier than the 2018 plan year,
active permanent full-time and active permanent part-time employees will
be offered the opportunity to enroll in a voluntary vision plan. Employees
will pay the full premium costs of the plan. The District will contract with a
provider for a voluntary vision plan with no co-pays. The vision plan is not
available to temporary or permanent intermittent employees.
3. Transportation Expense
3.10 Mileage Reimbursement: The District will pay a mileage allowance for the
use of personal vehicles on District business at the rate allowed by the
Internal Revenue Service (IRS) as a tax deductible expense, adjusted to
reflect changes in this rate on the date it becomes effective or the first of
the month following announcement of the changed rate by the IRS,
whichever is later.
3.11 Commuter Benefit Program: The District will offer employees the option of
enrolling in an employee-funded qualified transportation (commuter)
benefit program designed to qualify for tax savings under section 132 (f) of
the Internal Revenue Code, but such savings are not guaranteed. The
Commuter Benefit Program will allow employees to set aside pre-tax
dollars for qualified transportation expenses to the extent and amount
allowed by the Internal Revenue Service.
4. Retirement Benefits
4.10 Contribution. Employees are responsible for the payment of one hundred
percent (100%) of the employees’ basic retirement benefit contribution
determined annually by the Board of Retirement of the Contra Costa
County Employees’ Retirement Association, without the District paying
any part of the employees’ share. Employees are also responsible for
payment of the employees’ contribution for the retirement cost-of-living
program as determined annually by the Board of Retirement, without the
District paying any part of the employees’ contribution.
4.11 Safety Employees Retirement- Tier A- Employees Who Became Safety
Members of CCCERA Before January 1, 2013. The retirement formula of
“3 percent at 50" applies to all employees who became Safety members of
the Contra Costa County Employees Retirement Association (CCCERA)
on or before December 31, 2012. The cost-of-living adjustment (COLA) to
May 26, 2020 Contra Costa County Fire Protection District 116
the retirement allowances of these employees will not exceed three
percent (3%) per year. The final compensation of these employees will be
based on a twelve (12) consecutive month salary average. This
retirement benefit will be known as Safety Tier A.
a. Until December 1, 2017, each employee will pay nine percent (9%) of
his/her retirement base to pay part of the employer’s contribution for
the cost of Safety Tier A retirement benefits.
b. For the period of December 1, 2017, through and including June 30,
2018, each employee in Tier A will pay six percent (6%) of his/her
retirement base to pay part of the employer’s contribution for the cost
of Safety Tier A retirement benefits.
c. For the period of July 1, 2018, through and including June 30, 2019,
each employee will pay three percent (3%) of his/her retirement base
to pay part of the employer’s contribution for the cost of Safety Tier A
retirement benefits.
d. Effective on July 1, 2019, each employee’s payment of three percent
(3%) of his/her retirement base to pay part of the employer’s
contribution for the cost of Safety Tier A retirement benefits will cease.
e. “Retirement base” means base salary and other payments, such as
salary differential and flat rate pay allowances, used to compute
retirement deductions.
4.12 Employees with More Than 30 Years of Continuous Service as Safety
Members- Tier A. Beginning on January 1, 2008 and pursuant to
Government Code section 31664.1, current and future employees in
classifications that are governed by this Resolution and designated by the
Contra Costa County Employees’ Retirement Association as safety
members with credit for more than thirty (30) years of continuous service
as safety members, will not make payments from their retirement base to
pay part of the employer’s contribution towards the cost of Safety Tier A.
4.13 Safety Employees Retirement- Safety PEPRA Tier- Employees Who
Become Safety Members of CCCERA on or after January 1, 2013.
a. For employees who become Safety members of the Contra Costa County
Employees Retirement Association (CCCERA) on or after January 1, 2013,
retirement benefits are governed by the California Public Employees Pension
Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and
PEPRA Safety Option Plan Two (2.7% @ 57) applies. To the extent that this
resolution conflicts with any provision of PEPRA, PEPRA governs.
May 26, 2020 Contra Costa County Fire Protection District 117
b. For employees who, under PEPRA, become Safety New members of
CCCERA on or after January 1, 2016, the cost of living adjustment to the
retirement allowance will not exceed two percent (2%) per year, and the cost
of living adjustment will be banked.
c. Sections 4.11 and 4.12, above, apply to employees who, under PEPRA,
become reciprocal Safety Members of CCCERA in Tier A, as determined by
CCCERA.
5. 414H2 Participation
The District will continue to implement Section 414(h) (2) of the Internal Revenue
Code which allows the Auditor-Controller to reduce the gross monthly pay of
employees by an amount equal to the employee’s total contribution to the County
Retirement System before Federal and State income taxes are withheld, and
forward that amount to the Retirement System. This program of deferred
retirement contribution is universal and non-voluntary.
6. Training
6.10 Career Development Training Reimbursement: All full-time employees
are eligible for career development training reimbursement not to exceed
seven hundred fifty dollars ($750) per fiscal year. The reimbursement of
training expenses includes books and is governed by any Administrative
Bulletins on Travel or Training.
6.11 Management Development Policy: Employees are authorized to attend
professional training programs, seminars, and workshops, during normal
work hours at the discretion of their Fire Chief, for the purpose of
developing knowledge, skills, and abilities, in the areas of supervision,
management, and County/District policies and procedures. Up to thirty
(30) hours of such training time is recommended annually.
a. The District is encouraged to provide for professional development
training exceeding thirty (30) hours annually for people newly promoted to
positions of direct supervision.
b. Priority is given to professional training programs offered through the
County Training Institute. Other related and appropriate training/education
resources approved by the District are also allowable.
c. To encourage personal and professional growth, the District provides
reimbursement for certain expenses incurred by employees for job-related
training (required training and career development training/education).
Provision for eligibility and reimbursement identified in Administrative
May 26, 2020 Contra Costa County Fire Protection District 118
Bulletin 112.9.
d. The Fire Chief is responsible for authorization of individual professional
development reimbursement requests. Reimbursement is through the
regular demand process with demands being accompanied by proof of
payment (copy of invoice or canceled check).
7. Bilingual Pay Differential:
A monthly salary differential will be paid to incumbents of positions requiring
bilingual proficiency as designated by the Fire Chief and the Contra Costa
County Director of Human Resources. The differential will be prorated for
employees working less than full time and/or on an unpaid leave of absence
during any given month. The differential is one hundred dollars ($100.00) per
month.
The designation of positions for which bilingual proficiency is required is the sole
prerogative of the District/County, and such designations may be amended or
deleted at any time.
8. Higher Pay for Work in a Higher Classification:
The County Salary Regulations notwithstanding, when an employee is required
to work in a higher paid classification, the employee will receive the higher
compensation for such work, pursuant to the County Salary Regulations, plus
any differentials and incentives the employee would have received in his/her
regular position. Unless the Board has by Resolution otherwise specified, the
higher pay entitlement will begin on the 41st consecutive hour in the assignment.
9. Other Terms and Conditions of Employment:
9.10 Overtime Exempt Exclusion: Employees in unrepresented classifications
are overtime exempt and are not eligible for overtime pay, holiday pay,
overtime compensatory time, or holiday compensatory time. Instead,
these employees are awarded Annual Management Administrative Leave
in recognition of the extra burden their job responsibilities may sometimes
place on their work schedules. However, unrepresented employees may
be made eligible for overtime pay if their names are placed on the
Overtime Exempt Exclusion List by the County Administrator’s Office.
Employees on the Overtime Exempt Exclusion List are authorized to
receive overtime pay only. These employees are NOT eligible for holiday
pay, overtime compensatory time, or holiday compensatory time.
Employees on the Overtime Exempt Exclusion List are also NOT eligible
for Annual Management Administrative Leave for the quarter they are on
the Overtime Exempt Exclusion List. The policies and procedures for the
May 26, 2020 Contra Costa County Fire Protection District 119
Overtime Exempt Exclusion List are set forth in the County Administrator’s
memo of November 6, 2002.
9.11 Overtime: Employees on the Overtime Exempt Exclusion List will be
compensated at one and one-half (1.5) times their base rate of pay
(excluding differentials) for authorized work exceeding eight (8) hours in a
day or forty (40) hours in a week.
9.12 Length of Service Credits: Length of service credit will date from the
beginning of the last period of continuous County/District employment,
including temporary, provisional and permanent status and absences on
an approved leave of absence; except that when an employee separates
from a permanent position in good standing and is subsequently re-
employed in a permanent County/District position within two (2) years from
date of separation, the period of separation will be bridged. Under these
circumstances, the service credits will include all credits accumulated at
time of separation but will not include the period of separation. The
service credits of an employee are determined from employee status
records maintained by the Human Resources Department.
9.13 Mirror Classifications: As determined by the Director of Human
Resources, employees in unrepresented job classifications that mirror
management, represented or unrepresented job classifications may
receive the salary and fringe benefits that are received by employees in
the comparable mirror classifications.
9.14 Deep Classes: No provision of this Resolution regarding terms and
conditions of employment supersedes any provision in any Deep Class
Resolution.
9.15 Administrative Provisions: The County Administrator may establish
guidelines, bulletins or directives as necessary to further define or
implement the provisions of this resolution.
10. Management Longevity Pay
10.10 Ten Years of Service: Employees who have completed ten (10) years of
service for the District are eligible to receive a two and one-half percent
(2.5%) longevity differential effective on the first day of the month following
the month in which the employee qualifies for the ten (10) year service
award.
10.11 Fifteen Years of Service: Employees who have completed fifteen (15)
years of service for the District are eligible to receive an additional two and
one-half percent (2.5%) longevity differential effective on the first day of
May 26, 2020 Contra Costa County Fire Protection District 120
the month following the month in which the employee qualifies for the
fifteen (15) year service award. For employees who completed fifteen (15)
years of service on or before January 1, 2008, this longevity differential
will be paid prospectively only from January 1, 2008.
11. Deferred Compensation
A. Deferred Compensation Incentive. The District will contribute eighty-five
dollars ($85) per month to each employee who participates in the County’s
Deferred Compensation Plan. To be eligible for this incentive, the employee
must contribute to the deferred compensation plan as indicated below:
Monthly Contribution
Employees with Qualifying Base Required to Maintain
Current Monthly Contribution Incentive Program
Salary of: Amount Eligibility
$2,500 and below $250 $50
$2,501 - 3,334 $500 $50
$3,335 - 4,167 $750 $50
$4,168 - 5,000 $1,000 $50
$5,001 - 5,834 $1,500 $100
$5,835 - 6,667 $2,000 $100
$6,668 and above $2,500 $100
Employees who discontinue contributions or who contribute less than the
required amount per month for a period of one (1) month or more will no
longer be eligible for the eighty five dollar ($85) District supplement. To
reestablish eligibility, employees must again make a Base Contribution
Amount as set forth above based on current monthly salary. Employees with
a break in deferred compensation contributions either because of an
approved medical leave or an approved financial hardship withdrawal will not
be required to reestablish eligibility. Further, employees who lose eligibility
due to displacement by layoff, but maintain contributions at the required level
and are later employed in an eligible position, will not be required to
reestablish eligibility.
B. Eligibility for Loan Program. All employees are eligible to apply for loans
from the Contra Costa County Deferred Compensation Plan loan program
established by the Board of Supervisors on June 26, 2012, by Resolution No.
2012/298.
12. Annual Management Administrative Leave
May 26, 2020 Contra Costa County Fire Protection District 121
a. On January 1st of each year, full-time employees will be credited with
ninety four (94) hours of paid Management Administrative Leave. This time is
non-accruable and all balances will be zeroed out on December 31 of each
year.
b. Permanent part-time employees are eligible for Management
Administrative Leave on a prorated basis, based upon their position hours.
Permanent-intermittent employees are not eligible for Management
Administrative Leave.
c. Employees appointed (hired or promoted) to unrepresented management
positions are eligible for Management Administrative Leave on the first day of
the month following their appointment date and will receive Management
Administrative Leave on a prorated basis for that first year.
d. Employees on the Overtime Exempt Exclusion List are authorized to
receive overtime pay; therefore, their Management Administrative Leave will
be reduced by twenty-five percent (25%) each time the employee is on the
List. The twenty-five percent (25%) reduction will be deducted from the
employee’s current leave balance, but if there is no balance, it will be
deducted from future awarded Annual Management Administrative Leave.
13. Management Life Insurance
Employees are covered at District expense by term life insurance in the
amount of fifty seven thousand dollars ($57,000) in addition to the insurance
provided under Section 2.18.
14. Vacation Buy Back
A. For Employees Hired Before October 1, 2011:
Until close of business on September 30, 2011, employees hired before
October 1, 2011, may elect payment of up to one-third (1/3) of their annual
vacation accrual, subject to the following conditions: (1) the choice can be
made only once in each calendar year; (2) payment is based on an hourly
rate determined by dividing the employee’s monthly salary by 173.33; and (3)
the maximum number of vacation hours that may be paid in any calendar
year is one-third (1/3) of the annual accrual.
On and after October 1, 2011, employees hired before October 1, 2011, may
elect payment of up to one-third (1/3) of their annual vacation accrual, subject
to the following conditions: (1) the choice can be made only once every
thirteen (13) months and there must be at least 12 full months between each
election; (2) payment is based on an hourly rate determined by dividing the
May 26, 2020 Contra Costa County Fire Protection District 122
employee’s monthly salary by 173.33; and (3) the maximum number of
vacation hours that may be paid in any one sale is one-third (1/3) of the
annual accrual.
Where a lump-sum payment is made to employees as a retroactive general
salary adjustment for a portion of a calendar year that is subsequent to the
exercise by an employee of the vacation buy-back provision herein, that
employee’s vacation buy-back will be adjusted to reflect the percentage
difference in base pay rates upon which the lump-sum payment was
computed, provided that the period covered by the lump-sum payment
includes the effective date of the vacation buy-back.
B. For Employees Hired On and After October 1, 2011:
Employees hired on and after October 1, 2011, may not elect payment of their
vacation accruals, unless the employee was eligible for a Vacation Buy Back
benefit before being promoted into any classification covered by this
Resolution.
15. Professional Development Reimbursement
With the exceptions of the Fire Chief, Assistant Chief(s), and Deputy Fire
Chief, employees are eligible for reimbursement of up to six hundred twenty-
five dollars ($625) for calendar year 2008 and for each two (2) year period
thereafter, for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional
development activities, and purchase of job-related computer hardware and
software (excludes automation connectivity, support, or subscription fees)
from a standardized County-approved list or with Fire Chief approval,
provided each employee complies with the provisions of the County’s
Computer Use and Security Policy adopted by the Board of Supervisors and
manuals. In order to receive reimbursement, the employee must have been in
an eligible classification when the expense was incurred.
Individual professional development reimbursement requests must be
approved by the Fire Chief. Reimbursement will occur through the regular
demand process with demands being accompanied by proof of payment
(copy of invoice or canceled check).
16. Sick Leave Incentive Plan
Employees may be eligible for a payoff of a part of unused sick leave accruals
at separation. This program is an incentive for employees to safeguard sick
leave accruals as protection against wage loss due to time lost for injury or
illness. Payoff must be approved by the Director of Human Resources, and is
May 26, 2020 Contra Costa County Fire Protection District 123
subject to the following conditions:
a. The employee must have resigned in good standing.
b. Payout is not available if the employee is eligible to retire.
c. The balance of sick leave at resignation must be at least seventy percent
(70%) of accruals earned in the preceding continuous period of employment,
excluding any sick leave use covered by the Family and Medical Leave Act,
the California Family Rights Act, or the California Pregnancy Disability Act.
d. Payout is by the following schedule:
Years of Payment
Continuous Service
Payment of Unused
Sick Leave Payable
3 – 5 years 30%
5 – 7 years 40%
7 plus years 50%
e. No payoff will be made pursuant to this section unless the Contra Costa
County Employees’ Retirement Association has certified that an employee
requesting a sick leave payoff has terminated membership in, and has
withdrawn his or her contributions from, the Retirement Association.
f. It is the intent of the Board of Supervisors that payments pursuant to this
section preclude County retirement benefits resulting from employment by
this County/District governed by the Board.
17. Video Display Terminal (VDT) Users Eye Examination
Employees are eligible to receive an annual eye examination on District time
and at District expense provided that the employee regularly uses a video
display terminal at least an average of two (2) hours per day as certified by
the Fire District.
Employees certified for examination under this program must make their
request through the Benefits Service Unit of the County Human Resources
Department. Should prescription VDT eyeglasses be prescribed for the
employee following the examination, the District agrees to provide, at no cost,
basic VDT eyewear consisting of a fifty dollar ($50) frame and single, bifocal
or trifocal lenses. Employees may, through individual arrangement between
the employee and the employee’s doctor and solely at the employee’s
expense, include blended lenses and other care, services or materials not
covered by the Plan.
May 26, 2020 Contra Costa County Fire Protection District 124
18. Long-Term Disability Insurance
The County will continue in force the Long-Term Disability Insurance program
with a replacement limit of eighty-five (85%) of total monthly base earnings
reduced by any deductible benefits.
19. Uniform Allowance
Effective October 1, 2015, the monthly uniform allowance for all employees in
classes for which a uniform is required shall be fifty-four dollars and fifty cents
($54.50) per month.
20. Fire Management Educational Allowance Program
Employees in the specified Fire District management classifications who
possess the certificates or educational degrees set forth below and/or meet
the continuing educational requirements set forth below, are eligible for
professional development educational allowances under the conditions set
forth below. This program is intended to encourage the professional
development of eligible Fire District Management personnel.
Only the following classifications are eligible to participate in this educational
allowance program:
Fire Chief- Contra Costa (RPA1)
Assistant Fire Chief–Exempt (RPB1)
Deputy Fire Chief- Exempt (RPB2)
Fire Marshal (RJGA)
Supervising Fire Inspector (RJHC)
Only the following job-related certificates and degrees are eligible for this
program:
a. A Certificate of Achievement in Fire Technology, Business Administration,
Management and Supervision, or a related field from an accredited college.
b. An Associated of Arts or Science Degree from an accredited college with a
major in Fire Technology, Business Administration, Management and
Supervision, or a related field.
c. A Chief Officer Certificate issued by the Office of the State Fire Marshal.
d. A Baccalaureate Degree from an accredited college or university with a
major in Business, Public Administration, or a related field.
May 26, 2020 Contra Costa County Fire Protection District 125
All allowances will be designated as either temporary or permanent and will
be awarded in increments of two and one-half percent (2.5%) times the
employee’s base rate of pay. The combined temporary and permanent
educational allowances awarded to any employee may not exceed seven and
one-half percent (7.5%) times the employee’s base rate of pay.
The following conditions must be satisfied in order to earn the designated
allowance:
Temporary Allowance
A temporary allowance of two and one-half percent (2.5%) times the
employee’s base rate of pay may be awarded for annually completing at least
forty (40) hours of pre-approved education or training or at least three (3) pre-
approved college semester units (or equivalent quarter units), or a pre-
approved combination thereof, in pursuit of any one of the certificates or
degrees set forth in options (a) through (d) above or as pre-approved by the
Fire Chief.
A temporary allowance is effective for a period of only twelve (12) months,
commencing on the first day of the month after proof of completion of course
work is received and approved by the Fire Chief or designee. Temporary
allowances automatically terminate at the end of month twelve (12).
A temporary allowance of two and one-half percent (2.5%) times the
employee’s base rate of payment may be awarded to the Fire Chief for
annually completing the above conditions, except that verification of eligibility
must be approved by the County Administrator or designee.
Permanent Allowances
A permanent allowance of two and one-half percent (2.5%) times the
employee’s base rate of pay may be awarded for possession of one (1) of the
certificates or degrees set forth in options (a) through (d) above. Only one (1)
two and one-half percent (2.5%) permanent allowance is available within this
category.
In the alternative, a permanent allowance of five percent (5%) may be
awarded for possession of those certificates or degrees in the following
combinations only: (1) options (b) and (c) or (2) options (a) and (d). An
employee receiving the five percent (5%) permanent allowance may not also
receive the two and one-half percent (2.5%) permanent allowance.
This program is subject to appropriate administrative guidelines and controls
promulgated by the Fire Chief and approved by the Director of Human
May 26, 2020 Contra Costa County Fire Protection District 126
Resources to ensure that the standards set forth herein are met. Verification
of an employee’s eligibility must be by the Fire Chief or designee.
A permanent allowance of two and one-half percent (2.5%) times the
employee’s base rate of pay or the alternative five percent (5%) times the
employee’s base rate of pay may be awarded to the Fire Chief subject to the
same conditions described above for a permanent allowance, except that the
Fire Chief’s eligibility must be approved by the County Administrator or
designee.
Payment of any of the allowances set forth herein begins on the first day of
the month following the month in which: a) the Fire Chief verifies the
employee’s eligibility for that allowance, or b) the County Administrator or
designee verifies the Fire Chief’s eligibility for that allowance.
21. Fire Services Standby Duty with Emergency Recall Differential
All classifications covered by this Management Resolution, with the exception
of the Fire Chief-Contra Costa (RPA1), are required to do standby duty with
emergency recall for a minimum total of ten (10) days each month. A salary
differential in the amount of five percent (5%) of monthly base salary shall be
in effect for personnel assigned to standby duty with emergency recall.
22. Executive Professional Development Reimbursement
In lieu of the benefits provided in Section 15, the Fire Chief, Assistant
Chief(s), and Deputy Fire Chief are eligible for reimbursement of up to nine
hundred twenty-five dollars ($925) for calendar year 2008 and for each two
(2) year period thereafter, for memberships in professional organizations,
subscriptions to professional organizations, subscriptions to professional
publications, attendance fees at job-related professional development
activities, and purchase of job-related computer hardware and software
(excludes automation connectivity, support, or subscription fees) from a
standardized County-approved list or with Fire Chief approval, provided each
employee complies with the provisions of the County’s Computer Use and
Security Policy adopted by the Board of Supervisors and manuals. In order to
receive reimbursement, the employee must have been in an eligible
classification when the expense was incurred.
Individual professional development reimbursement requests must be
approved by the Fire Chief. Reimbursement will occur through the regular
demand process with demands being accompanied by proof of payment
(copy of invoice or cancelled check). Certifications regarding compliance with
County’s Computer Use and Security Policy may be required.
May 26, 2020 Contra Costa County Fire Protection District 127
II. BENEFITS FOR FIRE CHIEF
As the Chief Officer of the Fire District and an Appointed Department Head, the Fire
Chief receives the benefits provided under Part I, except as modified below:
23. Automobile
The District will provide the Fire Chief with an appropriate vehicle. The Fire
Chief is not eligible for an Automobile Allowance.
24. Executive Life Insurance
In lieu of the insurance provided in Part I, Section 13, the Fire Chief is
covered, at District expense, by term life insurance in the amount of sixty
thousand dollars ($60,000), additional to the insurance provided under
Section 2.18.
25. Fire Management Educational Reimbursement
The Fire Chief is entitled to be reimbursed by the District for all Fire
Management educational expenses (tuition, fees, books, and the like)
incurred by the Fire Chief during his tenure as Fire Chief.
26. No Fire Services Standby Duty with Emergency Recall Differential
The Fire Chief is not eligible for the Fire Services Standby duty with
Emergency Recall Differential set forth in Part I, Section 21 of this Resolution.
27. No Vacation Buy Back
The Fire Chief is not eligible for the Vacation Buy Back plan set forth in Part I,
Section 14 of this Resolution.
[end]
May 26, 2020 Contra Costa County Fire Protection District 128
RECOMMENDATION(S):
Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT Resolution No.
2020/7 approving the Memorandum of Understanding with United Professional Firefighters, International
Association of Fire Fighters, Local 1230, for the period of July 1, 2020 through June 30, 2023.
FISCAL IMPACT:
The estimated cost of the negotiated contract is $4.14 million for 2020/21; $8.28 million for FY 2021/22;
and $12.42 million for FY 2022/23. The three year contract has an estimated cost of $24.85 million.
BACKGROUND:
United Professional Firefighters, Local 1230 began bargaining with the District on April 13, 2020. A
Tentative Agreement was reached between the District and Local 1230 on May 13, 2020, and the agreement
was ratified on May 20, 2020. The resulting Memorandum of Understanding (MOU), which is attached,
includes modifications to wages, and other benefit changes.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Dianne Dinsmore, Human Resources Director, Robert Campbell, Auditor-Controller, Lewis Broschard, CCCFPD Fire Chief
D.8
To:Contra Costa County Fire Protection District Board of Directors
From:David Twa, County Administrator
Date:May 26, 2020
Contra
Costa
County
Subject:Memorandum of Understanding with United Professional Firefighters I.A.F.F. Local 1230
May 26, 2020 Contra Costa County Fire Protection District 129
BACKGROUND: (CONT'D)
>
In summary, those changes include:
Term
The term of the agreement is July 1, 2020 through June 30, 2023.
Agenda Shop (Section 2)
Modified to address changes in the law to dues deductions and Agency Shop.
Wages (Section 5)
Effective July 1, 2020, reallocate the Fire Fighter-Recruit (RPWD)
classification to one step and set the step at 90% of the first step of
Firefighter/40 hour (RPWF).
Effective July 1, 2020, the base rate of pay for all classifications represented by
IAFF, Local 1230 will be increased by five percent (5%).
Effective July 1, 2021, the base rate of pay for all classifications represented by
IAFF, Local 1230 will be increased by five percent (5%).
Effective July 1, 2022, the base rate of pay for all classifications represented by
IAFF, Local 1230 will be increased by five percent (5%).
Added 5% differential for participation on the REACH Helicopter.
Add “EMS Division” to 5.17(C) to make employees in the listed classifications
assigned to the EMS Division eligible for the Training and Prevention
Differential.
Mandatory Recall (Section 7.1)
Expanded the use of Mandatory Recall for emergency situations and changed to
Emergency Recall throughout.
Sick Leave Utilization for Pregnancy Disability (Section 11.3)
Amend Section 11.3 to clarify eligibility and usage of sick leave when used in conjunction
with Pregnancy Disability Leave.
Legal Adoption of a Child (Section 11.6)
Update references to “Baby/Child Bonding” and include language regarding employee
eligibility for child bonding leave under the FMLA and CFRA.
Leave of Absence (Section 13)
Amend multiple areas of Section 13 to include references to FMLA and CFRA.
Clarify language in Section 13.2 regarding process and circumstances where
leave without pay may be taken.
Amend the process for certification of FMLA/CFRA leaves in Section 11.3 and
remove redundant language.
Amend definitions and criteria under Section 13.8.
Update Military leave language to align with Federal Uniformed Services
Employment & Reemployment Rights Act (USERRA), limiting period to a
maximum of five (5) years, plus ninety (90) days.
Replace reference to “LTD Benefit Coordination” with “SDI” in Section 13.11.
Amend timeframe for reinstatement from FMLA/CFRA leave to a comparable
position to sixty days.
Extended Coverage (Section 14.10)
May 26, 2020 Contra Costa County Fire Protection District 130
Specified that late payment shall result in cancellation of health plan coverage for employees
on an approved leave of absence without pay.
District Dental Plan Premium Subsidy On and After January 1, 2014 (Section 14.5)
Rename dental plans to remove outdated DeltaCare “PMI” language and other cleanup.
Continuous Work Hours (Section 29)
Added language requiring a break period of at least twelve (12) hours prior to
the start of a new continuous work period.
Minimum Staffing (Section 30)
Updated staffing minimums and added minimum staffing of “Dozer Staffing”
and Helicopter Staffing”, and clarified temporary modifications to minimum
staffing to address temporary increases to minimum staffing due to grant
funding (SAFER). Language negotiations did not involve a change to shift
length.
Revised Personnel Bulletins
PB#1: Added language in Section (D) to address use of social media, internet,
and personal electronic devices.
PB#3: Removed language stating that the Battalion Chief will “fix and
finalize” the daily roster.
PB#51: Section B: Cleaned up and removed language in subsection II(C)
referring to “original paramedic list” and remove reference to examination
preparatory classes in subsection IV(C); Section C: Amended section I(A) to
require accreditation within 30 days of academy graduation. - Remove
subsections I(C) and I(D). Amend documentation requirements in section I(E);
Section D: Struct Section.
PB#81: Amended various aspects of the process for fire station assignments.
Incorporated new Side Letters.
Re-ordered, re-numbered, and cleaned-up MOU sections as needed.
CONSEQUENCE OF NEGATIVE ACTION:
The District will be out of contract with United Professional Firefighters, Local 1230 and may
experience recruitment and retention difficulties.
CLERK'S ADDENDUM
Speaker: Vince Wells, President of Local 1230.
AGENDA ATTACHMENTS
Resolution 2020/7
MOU IAFF, Local 1230 7-1-20 thru 6-30-23
MINUTES ATTACHMENTS
Signed Resolution No. 2020/7
May 26, 2020 Contra Costa County Fire Protection District 131
THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
Adopted this Resolution on 05/26/2020 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2020/7
In The Matter Of: Memorandum of Understanding with United Professional Firefighters, Local 1230, for the period of July 1,
2020 through June 30, 2023.
The Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT:
The Board ADOPTS the Memorandum of Understanding (MOU) between the Contra Costa County Fire Protection District and
United Professional Firefighters, Local 1230, providing for wages, benefits and other terms and conditions of employment for the
period beginning July 1, 2020 through June 30, 2023, for those classifications represented by United Professional Firefighters,
Local 1230. A copy of the MOU is attached.
Contact: Lisa Driscoll, County Finance Director (925)
335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Dianne Dinsmore, Human Resources Director, Robert Campbell, Auditor-Controller, Lewis Broschard, CCCFPD Fire Chief
May 26, 2020 Contra Costa County Fire Protection District 132
May 26, 2020 Contra Costa County Fire Protection District 133
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
IAFF, LOCAL 1230
JULY 1, 2020 – JUNE 30, 2023
May 26, 2020 Contra Costa County Fire Protection District 134
IAFF LOCAL 1230
TABLE OF CONTENTS
July 1, 2020 – June 30, 2023
SECTION 1 RECOGNITION
1.1 Union Recognition ............................................................................... 4
SECTION 2 UNION SECURITY
2.1 Dues Deduction................................................................................... 4
2.2 Communicating with Employees ......................................................... 4
2.3 Use of District Buildings ...................................................................... 5
2.4 Advance Notice ................................................................................... 6
2.5 List of Employees with Dues Deduction .............................................. 6
2.6 Assignment of Classes to Bargaining Units ........................................ 6
2.7 New Employees .................................................................................. 6
2.8 Modification & Decertification. ............................................................. 7
SECTION 3 NO DISCRIMINATION ........................................................................ 7
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ...................................................................... 8
4.2 Union Representatives ........................................................................ 8
SECTION 5 SALARIES
5.1 General Wages ................................................................................... 9
5.2 Entrance Salary................................................................................... 9
5.3 Anniversary Dates ............................................................................... 9
5.4 Increments Within Range .................................................................. 10
5.5 Part-Time Compensation .................................................................. 10
5.6 Compensation for Portion of Month .................................................. 11
5.7 Position Reclassification ................................................................... 11
5.8 Salary Reallocation and Salary on Reallocation ............................... 11
5.9 Salary on Promotion .......................................................................... 12
5.10 Salary on Involuntary Demotion ........................................................ 12
5.11 Salary on Voluntary Demotion .......................................................... 12
5.12 Fire Investigation Unit ....................................................................... 13
5.13 Acting in a Higher Class .................................................................... 13
5.14 Payment ............................................................................................ 13
5.15 Pay Warrants .................................................................................... 14
5.16 Pay Warrant Errors ........................................................................... 14
5.17 Training and Prevention Differential .................................................. 14
5.18 Temporary Staff Assignment Differential ........................................... 14
5.19 Hazardous Materials Response Team Differential ............................ 15
5.20 REACH Partnership Helicopter Differential ....................................... 15
May 26, 2020 Contra Costa County Fire Protection District 135
SECTION 6 OVERTIME
6.1 Overtime ........................................................................................... 16
6.2 Overtime Recall List .......................................................................... 16
6.2 Eligibility for Overtime ....................................................................... 17
SECTION 7 CALL BACK
7.1 Emergency Recall .......................................................................... 17
SECTION 8 DAYS AND HOURS OF WORK
8.1 Definitions ........................................................................................ 17
8.2 Designated Workweek and Work Schedules ................................... 18
8.3 Time Reporting and Pay Practices Waiver ...................................... 18
SECTION 9 HOLIDAYS
9.1 Holidays Observed .......................................................................... 18
9.2 Holidays Falling on Saturday/Sunday .............................................. 20
9.3 Permanent Part-Time Employees .................................................... 20
SECTION 10 VACATION LEAVE
10.1 Vacation Leave ................................................................................ 20
10.2 Vacation Leave on Reemployment from Layoff List ......................... 20
SECTION 11 SICK LEAVE
11.1 Accrual of Sick Leave ...................................................................... 21
11.2 Permanent Disability Sick Leave ..................................................... 21
11.3 Sick Leave Utilization for Pregnancy Disability ................................ 21
11.4 Definition of Immediate Family ......................................................... 22
11.5 Prearranged Medical Appointments ................................................. 22
11.6 Baby/Child Bonding ......................................................................... 22
11.7 Death of Family Member.................................................................. 23
SECTION 12 WORKER’S COMPENSATION
12.1 Workers’ Compensation - Safety ..................................................... 23
12.2 WC & Continuing Pay for Non-Safety Employees ........................... 24
SECTION 13 LEAVE OF ABSENCE
13.1 Leave Without Pay ........................................................................... 26
13.2 General Administration - Leave of Absence..................................... 26
13.3 Military Leave ................................................................................... 27
13.4 Family & Medical leave Act/California Family Rights Act ................. 27
13.5 Certification ...................................................................................... 28
13.6 Intermittent Use of Leave ................................................................. 28
13.7 Aggregate Use for Spouse ............................................................... 28
13.8 Definitions ........................................................................................ 28
13.9 Pregnancy Disability Leave .............................................................. 29
13.10 Group Health Plan Coverage ........................................................... 29
13.11 Leave Without Pay - Use of Accruals .............................................. 30
May 26, 2020 Contra Costa County Fire Protection District 136
13.12 Leave of Absence Replacement and Reinstatement ....................... 30
13.13 Reinstatement from FMLA/CFRA .................................................... 30
13.14 Salary Review While on Leave of Absence ..................................... 31
13.15 Unauthorized Absence .................................................................... 31
SECTION 14 HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.1 Health Plan ...................................................................................... 31
14.2 Contra Costa Health Plan (CCHP) ................................................... 31
14.3 CalPERS Health Plan Monthly Premium Subsidy ............................ 31
14.4 Dental Plan ...................................................................................... 32
14.5 District Dental Plan Premium Subsidy ............................................ 32
14.6 Rate Information .............................................................................. 33
14.7 Life Insurance Benefit Under Health and Dental Plans .................... 33
14.8 Life Insurance Contributions ............................................................ 34
14.9 Premium Payments ......................................................................... 34
14.10 Extended Coverage ......................................................................... 34
14.11 Retirement Coverage ....................................................................... 35
14.12 Dual Coverage ................................................................................. 35
14.13 PERS Long Term Care .................................................................... 36
14.14 Health Care Spending Account ........................................................ 36
14.15 Voluntary Vision Plan ....................................................................... 36
14.16 Dependent Care Assistance Program ............................................. 36
14.17 Premium Conversion Plan ............................................................... 37
SECTION 15 FIREFIGHTER RECRUIT ................................................................ 37
SECTION 16 PROBATIONARY PERIOD
16.1 Duration ........................................................................................... 37
16.2 Classes with Changed Probationary Periods ................................... 37
16.3 Probationary Period Time ................................................................ 37
16.4 Rejection During Probation .............................................................. 38
16.5 Regular Appointment ....................................................................... 38
16.6 Layoff During Probation ................................................................... 39
16.7 Rejection During Probation of Layoff Employee .............................. 39
SECTION 17 PROMOTION
17.1 Promotion ........................................................................................ 39
17.2 Promotion Policy .............................................................................. 39
17.3 Promotion Via Reclassification Without Exam ................................. 39
17.4 Requirements for Promotional Standing .......................................... 40
17.5 Seniority Credits .............................................................................. 40
17.6 Physical Examination as Part of Promotional Examination .............. 40
SECTION 18 TRANSFER POLICY ....................................................................... 41
SECTION 19 RESIGNATIONS
19.1 Resignation in Good Standing ......................................................... 41
19.2 Constructive Resignation ................................................................. 41
19.3 Effective Resignation ....................................................................... 41
19.4 Revocation ....................................................................................... 41
19.5 Coerced Resignations ..................................................................... 41
May 26, 2020 Contra Costa County Fire Protection District 137
SECTION 20 DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
20.1 Cause for Dismissal, Suspension, Demotion &
Reduction in Salary .......................................................................... 42
20.2 Skelly Requirements ........................................................................ 43
20.3 Leave Pending Employee Response ............................................... 44
20.4 Suspensions Without Pay ................................................................ 44
20.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion ...... 44
SECTION 21 GRIEVANCE PROCEDURE
21.1 Grievance Procedure ....................................................................... 45
21.2 Scope of Adjustment Board and Arbitration Decisions .................... 46
21.3 Clarification on Time Limits of the Grievance Procedure ................. 47
21.4 Representation Outside of Union ..................................................... 47
21.5 Compensation Complaints ............................................................... 47
21.6 No Strike .......................................................................................... 48
21.7 Merit Board ...................................................................................... 48
21.8 Grievance Filing ............................................................................... 48
21.9 Letter of Reprimand ......................................................................... 48
SECTION 22 RETIREMENT CONTRIBUTION
22.1 Payment of Employee Contributions ................................................ 48
22.2 Retirement Benefit – Non-Safety Employees Who Became
New Members of CCCERA Before January 1, 2013 – Tier 1 .......... 49
22.3 Retirement Benefit – Non-Safety Employees Who Became
Members of CCCERA on or After January 1, 2013 ......................... 49
22.4 Safety Employees Retirement ......................................................... 49
SECTION 23 SAFETY........................................................................................... 51
SECTION 24 MILEAGE ........................................................................................ 51
SECTION 25 UNION NOTIFICATION ................................................................... 51
SECTION 26 UNIFORM ALLOWANCE ................................................................ 51
SECTION 27 SAFETY OFFICER CERTIFICATION ............................................. 52
SECTION 28 CERTIFICATION REQUIREMENTS ............................................... 52
SECTION 29 MAXIMUM CONTINUOUS WORK HOURS .................................... 53
SECTION 30 MINIMUM STAFFING ...................................................................... 53
30.1 Hazardous Materials Team Minimum Staffing ................................. 53
30.2 Dozer Minimum Staffing................................................................... 53
30.2 Helicopter Minimum Staffing ............................................................ 54
30.2 Temporary Modifications to Minimum Staffing ................................. 54
SECTION 31 COMMUNICATION CENTER
31.1 Twenty-Four Hour Schedule ............................................................ 54
31.2 Twelve Hour Schedule ..................................................................... 54
31.3 Dispatcher Consolidation Re-opener ............................................... 54
May 26, 2020 Contra Costa County Fire Protection District 138
SECTION 32 EMPLOYEE REPRESENTATION RIGHTS .................................... 54
SECTION 33 SERVICE AWARDS ........................................................................ 54
SECTION 34 DEFINITION (For Service Awards/Vacation Accruals) ................ 55
SECTION 35 UNFAIR LABOR PRACTICE .......................................................... 55
SECTION 36 PAST PRACTICES & EXISTING MEMORANDA OF
UNDERSTANDING ......................................................................... 55
SECTION 37 ADOPTION ...................................................................................... 55
SECTION 38 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
38.1 Scope of Agreement ........................................................................ 56
38.2 Separability of Provisions................................................................. 56
38.3 Personnel Management Regulations ............................................... 56
38.4 Duration of Agreement ..................................................................... 56
ATTACHMENTS (A-D)
SUBJECT INDEX
May 26, 2020 Contra Costa County Fire Protection District 139
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
UNITED PROFESSIONAL FIRE FIGHTERS I.A.F.F.
LOCAL 1230
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared
by the parties.
The Employee Relations Officer (County Administrator) is the representative of the
Contra Costa County Board of Supervisors in its capacity as ex-officio Governing
Board of the Contra Costa County, Fire Protection District as provided in Board
Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in the Fire Suppression and
Prevention Unit and have freely exchanged information, opinions and proposals and
have endeavored to reach agreement on matters relating to the employment
conditions and employer-employee relations covering such employees.
For purposes of this Memorandum of Understanding, Fire Protection District
Personnel Bulletins on the subject of Shift Activities (1), Morning Change of Shift
Assembly (2), Roll Call (3), Firefighter-Paramedic Classification (51A), Paramedic
Licensure and Accreditation (51C), Removal from the District Paramedic Program
(51D), and Fire Station Assignments (81) are incorporated by reference to this
Memorandum of Understanding and are made a part hereof as if fully set forth
herein.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors in its capacity as ex-officio Governing Board of the Contra
Costa County Fire Protection District as the joint recommendation of the
undersigned for terms and conditions of employment for the term set forth herein.
May 26, 2020 Contra Costa County Fire Protection District 140
In the event provisions of this Memorandum of Understanding contradict any
resolution, administrative bulletin or personnel rules of the County or District, the
terms of this Memorandum of Understanding shall prevail.
DEFINITIONS
A. Appointing Authority: Fire Chief unless otherwise provided by statute
or ordinance.
B. Class: a group of positions sufficiently similar with respect to the
duties and responsibilities that similar selection procedures and
qualifications may apply and that the same descriptive title may be
used to designate each position allocated to the group.
C. Class Title: the designation given to a class, to each position
allocated to the class, and to the employees allocated to the class.
D. County: Contra Costa County.
E. Demotion: the change of a permanent employee to another position in
a class allocated to a salary range for which the top step is lower than
the top step of the class which the employee formerly occupied except
as provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding or in the Personnel Management
Regulations.
F. District: Contra Costa County Fire Protection District.
G. Director of Human Resources: the person designated by the County
Administrator to serve as the Assistant County Administrator-Director
of Human Resources.
H. Eligible: any person whose name is on an employment or
reemployment or layoff list for a given class.
I. Employee: a person who is an incumbent of a position or who is on
leave of absence in accordance with provisions of this Memorandum
of Understanding and whose position is held pending the employee's
return.
J. Employment List: a list of persons, who have been found qualified for
employment in a specific class.
K. Layoff List: means a list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff or displacement; or demoted by
displacement; or have voluntarily demoted in lieu of layoff or
displacement; or have transferred in lieu of layoff or displacement.
May 26, 2020 Contra Costa County Fire Protection District 141
L. Merit System: the Contra Costa County Merit System.
M. Permanent-Intermittent Position: any position which requires the
services of an incumbent for an indefinite period but on an irregularly
scheduled, less than full-time basis.
N. Permanent Part-Time Position: any position which will require the
services of an incumbent for an indefinite period but on a regularly
scheduled, less than full-time basis.
O. Personnel: the same as employee.
P. Permanent Position: any position which has required, or which will
require the services of an incumbent without interruption, for an
indefinite period.
Q. Project Employee: an employee who is engaged in a time-limited
program or service by reason of limited or restricted funding. Such
positions are typically funded from outside sources but may be funded
from District revenues.
R. Promotion: the change of a permanent employee to another position
in a class allocated to a salary range for which the top step is higher
than the top step of the class which the employee formerly occupied,
except as provided for under "Transfer" or as otherwise provided for in
this Memorandum of Understanding or in the Personnel Management
Regulations.
S. Position: the assigned duties and responsibilities calling for the
regular full-time, part-time or intermittent employment of a person.
T. Reallocation: the act of reassigning an individual position from one
class to another class at the same range of the salary schedule or to a
class which is allocated to another range that is within five (5) percent
of the top step, except as otherwise provided for in the Personnel
Management Regulations or other ordinances.
U. Reclassification: the act of changing the allocation of a position by
raising it to a higher class or reducing it to a lower class on the basis
of significant changes in the kind, difficulty or responsibility of duties
performed in such position.
V. Reemployment List: a list of persons, who have occupied positions
allocated to any class in the merit system and, who have voluntarily
separated and are qualified for consideration for reappointment under
the Personnel Management Regulations governing reemployment.
W. Resignation: the voluntary termination of permanent employment with
the District.
May 26, 2020 Contra Costa County Fire Protection District 142
X. Transfer: The change of an employee who has permanent status in a
position to another position in a different class for which the top step
of the salary range is within +/- five (5) percent of the top step of the
classification previously occupied by the employee. However, when
an employee is selected from an eligible list established as a result of
a competitive recruitment to a classification with a top step that is
greater than or equal to the top step of the classification the employee
previously occupied, such action will be considered a Promotion.
Y. Union: International Association of Fire Fighters, Local 1230, A.F.L.-
C.I.O.
SECTION 1 - RECOGNITION
1.1 Union Recognition. The Union is the formally recognized employee
organization for the Fire Suppression and Prevention Unit and such organization
has been certified as such pursuant to Resolution 81/1165 Chapter 34-12.
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Resolution 81/1165 Chapter 34-26 only
a majority representative may have dues deduction and as such the union has the
exclusive privilege of dues deduction for all members in its unit.
The Union shall indemnify, defend, and hold the District harmless against any claims
made and against any suit instituted against the District on account of dues
deduction. The Union shall refund to the District any amounts paid to it in error upon
the presentation of supporting evidence.
A. Notification of Dues Deduction Changes. The Union shall regularly provide
the County Auditor-Controller in a manner that has been mutually agreed
upon, with the names of employees for whom dues deductions should be
initiated, changed, or discontinued pursuant to this section. The Union will
submit a spreadsheet in an agreed upon format to the Office of the Auditor-
Controller via email. Requests for dues deductions received by the Auditor-
Controller by the close of business at least five (5) business days prior to the
end of the pay period will be implemented in the following pay period.
B. The District shall furnish a list of all new hires to the Union monthly.
2.2 Communicating With Employees. The Union shall be allowed to use
designated portions of bulletin boards or display areas in public portions of District
buildings or in public portions of offices in which there are employees represented
by the Union, provided the communications displayed have to do with official
organization business such as times and places of meetings and further provided
that the Union appropriately posts and removes the information. The Fire Chief
May 26, 2020 Contra Costa County Fire Protection District 143
reserves the right to remove objectionable materials.
Representatives of the Union, not on District time, shall be permitted to place a
supply of employee literature at specific locations in District buildings if arranged
through the Employee Relations Officer; said representatives may distribute
employee organization literature in areas designated by the Fire Chief if the nature
of the literature and the proposed method of distribution are compatible with the
work environment and work in progress.
Such placement and/or distribution shall not be performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents
employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance and/or to contact a union
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the Fire Chief or designee(s)
and the visit will not interfere with the District services.
2.3 Use of District Buildings. The Union shall be allowed the use of
areas normally used for meeting purposes for meetings of District employees during
non-work hours when:
A. such space is available and its use by the Union is scheduled twenty-
four (24) hours in advance;
B. there is no additional cost to the District;
C. it does not interfere with normal District operations;
D. employees in attendance are not on duty and are not scheduled for
duty;
E. the meetings are on matters within the scope or representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition. The use of District
equipment (other than items normally used in the conduct of business meetings,
such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though
it may be present in the meeting area.
May 26, 2020 Contra Costa County Fire Protection District 144
2.4 Advance Notice. The Union shall, except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope or representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at
least seventy-two (72) hours before the item will be heard, or the delivery of a copy
of the proposal at least twenty-four (24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards and commissions designated by
the Board determines it must act immediately without such notice or meeting it shall
give notice and opportunity to meet as soon as practical after its action.
2.5 List of Employees with Dues Deduction. The District shall provide
the Union with a monthly list of employees who are paying health and welfare
deductions to the Union.
2.6 Assignment of Classes to Bargaining Units. The Labor Relations
Manager shall assign new classes in accordance with the following procedure:
A. Initial Determination: When a new class title is established, the Labor
Relations Manager shall review the composition of existing
representation units to determine the appropriateness of including
some or all of the employees in the new class in one or more existing
representation units, and within a reasonable period of time shall
notify all recognized employee organizations of the determination.
B. Final Determination: The Labor Relations Manager’s determination is
final unless within ten (10) days after notification a recognized
employee organization requests in writing to meet and confer thereon.
C. Meet and Confer and other Steps: The Labor Relations Manager
shall meet and confer with such requesting organizations (and with
other recognized employee organizations where appropriate) to seek
agreement on this matter within sixty (60) days after the ten-day
period in subsection (B), unless otherwise mutually agreed.
Thereafter, the procedures in cases of agreement and disagreement,
arbitration referral and expenses, and criteria for determination shall
conform to those in subsections (d) through (i) of Section 34-12.008 of
Resolution 81/1165.
2.7 New Employees. The District will provide a written statement to each
new employee hired into a classification in any of the bargaining units represented
by the Union, that the employee's classification is represented by the Union and the
name of a representative of the Union.
May 26, 2020 Contra Costa County Fire Protection District 145
2.8 Modification & Decertification. For the duration of this Memorandum
of Understanding, the following shall apply:
Resolution 81/1165 Section 34-12.008 - Unit Determination (a) shall be modified in
the first paragraph to delete the ten percent (10%) requirement for an employee
organization intervening in the unit determination process and substitute therefore a
thirty percent (30%) requirement.
Resolution 81/1165 Section 34-12.012 - Election Procedure (b) shall be modified in
the first paragraph to delete the ten percent (10%) requirement for any recognized
employee organization(s) to appear on the ballot and substitute therefore a thirty
percent (30%) requirement.
Resolution 81/1165 Section 34-12.016 Modification of Representation Units shall be
modified in the first sentence by adding words to the effect of "most recent" to the
date of determination. This section shall be modified in the second sentence to
require that petitions for modification of a representation unit be filed during a period
of not more than one hundred and fifty (150) days nor less than one hundred and
twenty (120) days prior to the expiration of the Memorandum of Understanding in
effect. The last sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing Memorandum of
Understanding between the District and the recognized employee organization of
the unit prior to the modification proceedings.
Resolution 81/1165 Section 34-12.018 Decertification Procedure shall be modified in
the first sentence by adding words to the effect of "most recent" to the date of formal
recognition and by requiring the petition be submitted during a period of not more
than one hundred and fifty (150) days nor less than one hundred and twenty (120)
days prior to the expiration of the Memorandum of Understanding in effect.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or union activities against any employee or applicant for
employment by the District; and to the extent prohibited by applicable State and
Federal law there shall be no discrimination because of age. There shall be no
discrimination against any disabled person solely because of such disability unless
that disability prevents the person from meeting the minimum standards established
for that position or from carrying out the duties of the position safely. There shall be
no discrimination because of Union membership or legitimate Union activity against
any employee or applicant for employment.
The District and the Union recognize that the District has an obligation in
accordance with the Americans with Disabilities Act (ADA) to reasonably
accommodate disabled employees. If by reason of the aforesaid requirement the
District contemplates actions to provide reasonable accommodation to an individual
employee to comply with the ADA which are in conflict with any provision of this
MOU, the Union will be advised of such proposed accommodation. Upon request,
May 26, 2020 Contra Costa County Fire Protection District 146
the District will meet and confer with the Union on the impact of such
accommodation. If the District and the Union do not reach agreement, the District
may implement the accommodation without further negotiations. Nothing in this
MOU shall preclude the District from taking actions necessary to comply with the
requirements of the ADA or of any other State or Federal law governing
discrimination, wages or hours. Subject to this provision, the Union may grieve any
action by the District under this Section alleged by the Union and the employee(s)
as a violation of the MOU.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official
representatives of the Union shall be allowed to attend meetings held by
County/District agencies during regular working hours on District time as follows:
A. if their attendance is required by the District or County at a specific
meeting;
B. if their attendance is sought by a hearing body for presentation of
testimony or other reasons;
C. if their attendance is required for meeting required for settlement of
grievances filed pursuant to Section 21 (Grievance Procedure) of this
Memorandum;
D. if they are designated as an official representative, in which case they
may utilize a reasonable time at each level of the proceedings to
assist an employee to present a grievance;
E. if they are designated as spokesperson or representative of the Union
and as such make representations or presentations at meetings or
hearings on wages, salaries and working conditions; provided in each
case advance arrangements for time away from the employee's work
station or assignment are made with the Fire Chief and the District or
County agency calling the meeting is responsible for determining that
the attendance of the particular employee(s) is required;
F. if their attendance does not conflict with Fire District emergency
operations.
4.2 Union Representatives. Official representatives of the Union shall be
allowed time off on District time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Employee
Relations Officer or other management representatives on matters within the scope
of representation, and that advance arrangements for the time away from the work
station or assignment are made with the Fire Chief and their attendance does not
conflict with appropriate Fire District emergency operations.
May 26, 2020 Contra Costa County Fire Protection District 147
SECTION 5 - SALARIES
5.1 General Wages.
The wages for all classifications in the Fire Suppression and
Prevention Unit of IAFF, Local 1230 will be as shown in Attachment A
– Class and Salary Listing.
A. Effective July 1, 2020, reallocate the Fire Fighter-Recruit (RPWD)
classification to one step and set the step at 90% of the first step of
Firefighter/40 hour (RPWF).
B. Effective the first of the month following adoption by the Board of
Directors of the Contra Costa County Fire Protection District or July 1,
2020, whichever is later, the base rate of pay for all classifications will
be increased by five percent (5%)
C. Effective July 1, 2021, the base rate of pay for all classifications
represented by the Union will be increased by five percent (5%).
D. Effective July 1, 2022, the base rate of pay for all classifications
represented by the Union will be increased by five percent (5%).
5.2 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class
of position to which the appointment is made. However, the appointing
authority may fill a particular position at a step above the minimum of
the range.
5.3 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the
employee successfully completes six (6) months service provided
however, if an employee began work on the first regularly scheduled
workday of the month the anniversary date is the first day of the
calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is
determined as for a new employee in Subsection 5.3.A above.
C. Transfer, Reallocation and Reclassification. The anniversary date of
an employee who is transferred to another position or one whose
position has been reallocated or reclassified to a class allocated to the
same salary range or to a salary range which is within five percent
(5%) of the top step of the previous classification, remains unchanged.
May 26, 2020 Contra Costa County Fire Protection District 148
D. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and
not required to serve a probation period is determined in the same
way as the anniversary date is determined for a new employee who is
appointed the same date, classification and step and who then
successfully completes the required probationary period.
E. Notwithstanding other provisions of this Section 5, the anniversary of
an employee who is appointed to a classified position from outside the
County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another
governmental entity to this County's merit system, is one (1) year from
the first day of the calendar month after the calendar month when the
employee was appointed or transferred; provided however, when the
appointment or transfer is effective on the employee's first regularly
scheduled work day of that month, his/her anniversary is one (1) year
after the first calendar day of that month.
F. Performance Evaluation. A performance evaluation is required
annually on or about an employee’s anniversary date.
5.4 Increments Within Range. The performance of each employee,
except those of employees already at the maximum salary step of the appropriate
salary range, shall be reviewed on the anniversary date as set forth in Section 5.3 to
determine whether the salary of the employee shall be advanced to the next higher
step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend denial of the increment or
denial subject to one additional review at some specified date before the next
anniversary which must be set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range increment
be granted at one time. In case an appointing authority recommends denial of the
within range increment on some particular anniversary date, but recommends a
special salary review, the special salary review shall not affect the regular salary
review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory on
the District. If the District verifies in writing that an administrative or clerical error was
made in failing to submit the documents needed to advance an employee to the next
salary step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a
monthly salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5 as
the number of hours per week in the employee's part-time work schedule bears to
the number of hours in the full-time work schedule of the District.
May 26, 2020 Contra Costa County Fire Protection District 149
5.6 Compensation for Portion of Month. Any employee who works less
than any full calendar month, except when on earned vacation, authorized sick
leave, or other authorized paid leave shall receive as compensation for services an
amount which is in the same ratio to the established monthly rate as the number of
days worked is to the actual working days in such employee's normal work schedule
for the particular month; but if the employment is intermittent, compensation shall be
on an hourly basis.
5.7 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range of the
basic salary schedule as is the class of the position before it was reclassified, shall
be paid at the same step of the range as the employee received under the previous
classification.
An incumbent of a position which is reclassified to a class which is allocated to a
lower range of the basic salary schedule shall continue to receive the same salary
as before the reclassification, but if such salary is greater than the maximum of the
range of the class to which the position has been reclassified, the salary of the
incumbent shall be reduced to a maximum salary for the new classification. The
salary of an incumbent of a position which is reclassified to a class which is
allocated to a range of the basic salary schedule greater than the range of the class
of the position before it was reclassified shall be governed by the provisions of
Section 5.9 Salary on Promotion.
5.8 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is reallocated to a salary range above or below that to which it
was previously allocated, when the number of steps remain the same,
shall be compensated at the same step in the new salary range the
employee was receiving in the range to which the class was
previously allocated. If the reallocation is from one salary range with
more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the
same percentage ratio to the top step of the new range as was the
salary received before reallocated to the top step of the old range, but
in no case shall any employee be compensated at less than the first
step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in 5.8 A
above, each incumbent of a position in the reallocated class shall be
placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
range do not contain the same rates as the old range which is next
above the salary rate received in the old range, or if the new range
does not contain a higher step, at the step which is next lower than
May 26, 2020 Contra Costa County Fire Protection District 150
the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as above
or below the salary range of the employee's previous class, the
incumbent shall be placed at the step in the new class which equals
the rate of pay received before reallocation. In the event that the steps
in the range for the new class do not contain the same rates as the
range for the old class, the incumbent shall be placed at the step of
the new range which is next above the salary rate received in the old
range; or if the new range does not contain a higher step, the
incumbent shall be placed at the step which is next lower than the
salary received in the old range.
5.9 Salary on Promotion. Any employee who is appointed to a position
of a class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.12 shall receive the salary in the new salary
range which is next higher than the rate received before the promotion.
In the event this increase is less than five percent (5%), the employee's salary shall
be adjusted to the step in the new range which is at least five percent (5%) greater
than the next higher step; provided however that the next step shall not exceed the
maximum salary for the higher class.
In the event of the appointment of a laid off employee from the layoff list to the class
from which the employee was laid off, the employee shall be appointed at the step
which the employee had formerly attained in that class unless such step results in a
decrease in which case the employee is appointed to the next higher step. If
however, the employee is being appointed into a class allocated to a higher salary
range than the class from which the employee was laid off, the salary will be
calculated from the highest step the employee achieved prior to layoff, or from the
employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted
shall have their salary reduced to the monthly salary step in the range for the class
of position to which the employee has been demoted next lower than the salary
received before demotion. In the event this decrease is less than five percent (5%),
the employee's salary shall be adjusted to the step in the new range which is five
percent (5%) less than the next lower step; provided, however, that the next step
shall not be less than the minimum salary of the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which the employee would
have achieved had the employee been continuously in the position to which the
employee had been demoted, all within-range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of the
May 26, 2020 Contra Costa County Fire Protection District 151
class from which the employee demotes, the employee's salary shall remain the
same if the steps in the employee's new (demoted) salary range permit, and if not,
the new salary shall be set at the step next below former salary.
5.12 Fire Investigation Unit.
A. Fire Investigation Off-Duty Standby Differential. Represented
members assigned to participate in the Fire Investigation Off-Duty
Standby Team will receive a monthly pay differential of 5% of their
base pay.
To be eligible for this differential, the employee must be on-call to the
Fire Investigation Off-Duty Standby Team at least ten (10) days per
month and must have their schedule approved by the Fire Marshal, or
his designee.
B. Fire Investigation Unit Staffing. The District may, at any time,
consider the feasibility of changing the Fire Investigation Unit staffing
to a 24-hour on-duty shift schedule. If, after considering the feasibility
of this change, the District concludes that a 24-hour on-duty shift
schedule is preferable to the current schedule, the Fire Investigation
Unit staffing will be changed to a 24-hour on-duty shift schedule.
5.13 Acting in a Higher Class. In lieu of Pay for Work in Higher
Classification, all employees may be required to act in a higher classification at the
discretion of the District without additional compensation. Such assignments will not
be made as alternatives to Merit System promotions.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will
draw a warrant upon the Treasurer in favor of each employee for the amount of
salary due to the employee for the preceding month; provided, however, that each
employee (except those paid on an hourly rate) may choose to receive an advance
on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth
(25th) day of each month, draw a warrant upon the Treasury in favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) or less at the option of
the employee, of the employee's basic salary of the previous month except that it
shall not exceed the amount of the previous month's basic salary less all requested
or required deductions.
The election to receive an advance shall be made on or before April 30 or October
31 of each year or during the first month of employment by filing on forms prepared
by the Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15 all required or
May 26, 2020 Contra Costa County Fire Protection District 152
requested deductions from salary shall be taken from the second installment, which
is payable on the tenth (10th) day of the following month.
5.15 Pay Warrants. Employee pay warrants shall be delivered to a work
place designated by the District by 8:00 a.m. on the 10th and 25th of each month.
Should the 10th or 25th of the month fall on Saturday, Sunday, or a holiday, pay
warrants will be delivered by 8:00 a.m. on the preceding County workday.
5.16 Pay Warrant Errors. If an employee receives a pay warrant which
has an error in the amount of compensation to be received and if this error occurred
as a result of a mistake by the Auditor-Controller's Department, it is the policy of the
Auditor-Controller's Department that the error will be corrected and a new warrant
issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays
from the time the Department is made aware of and verifies that the pay warrant is
in error. If the pay warrant error has occurred as a result of a mistake by an
employee (e.g. payroll clerk) other than the employee who is receiving the pay, the
error will be corrected as soon as possible from the time the department is made
aware that pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current pay
rate but no recovery of either overpayments or underpayments to an employee shall
be made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or designee, the Director of
Human Resources or designee, or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded from this section for both
parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule, the employee may accept the proposed repayment schedule or may
request a meeting through the County Labor Relations Department. If requested, a
meeting shall be held to determine a repayment schedule which shall be no longer
than three times (3) the length of time the overpayment occurred.
5.17 Training and Prevention Differential.
A. Employees in the classifications of Fire Training Captain (RPTE), Fire
Prevention Captain (RPTD), Fire Captain-Paramedic/40 Hour (RPTF),
Fire Training Captain– Paramedic (RFTG) and Fire Captain – 40 hour
(RPTC), who are permanently allocated to the Contra Costa Fire
Protection District Training Division, Fire Prevention Bureau, or the
EMS Division, shall receive a monthly pay differential of fifteen
percent (15%) of base pay.
5.18 Temporary Staff Assignment Differential.
A. Employees in the following 56-hour classifications: Firefighter
(RPWA), Firefighter-Paramedic (RPWB), Fire Engineer (RPVC), Fire
Captain (RPTA), Fire Engineer Paramedic (RPVF) or Fire Captain
May 26, 2020 Contra Costa County Fire Protection District 153
Paramedic (RPTH) who are placed in a corresponding 40-hour work
week Temporary Staff Assignment, shall receive a pay differential in
the amount of fifteen percent (15%) of base pay (excluding
differentials) and will last for the duration of the 40-hour work week
assignment.
B. The District shall only utilize the 40-hour work week Temporary Staff
Assignment differentials with employees who are serving the District
in assignments as Trainers – primarily associated with the Firefighter
Training Academy. No more than four (4) such assignments shall exist
at any one time. Assignment to and removal from these Temporary
Staff Assignments are at the discretion of the District.
C. The Temporary Staff Assignment differential excludes: those
employees who do not meet the aforementioned criteria; the
classification of Firefighter Recruit, Firefighter - Paramedic Recruit;
employees regularly working a 40-hour work week; and those
employees regularly working a 56-hour assignment who are working a
light-duty schedule or are otherwise already temporarily working a 40-
hour schedule.
5.19 Hazardous Materials Response Team Differential. Eligible
employees assigned to the District’s Hazardous Materials Response Team
(“HMRT”) will receive a differential of five percent (5%) of the employee’s monthly
base rate of pay for each month of the assignment effective on the first day of the
month following the District’s written verification of the employee’s assignment. To
be eligible for this differential, employees must first:
1) Complete all minimum training and assignments required by the
District to qualify as an HMRT member; and
2) Receive written verification from the District that the employee
qualifies and is assigned to the HMRT.
3) Complete and maintain any other prerequisites for the HRMT
assignment that are identified in Personnel Bulletins.
The District has the sole discretion to assign or remove an employee from the
HMRT. This HMRT Differential Section 5.19 will not be effective until the District
determines that the HMRT is operational and notifies the union of such
determination. This differential will be paid prospectively only from the effective date
of this section.
5.20 REACH Partnership Helicopter Differential. Employees in the
classification of Fire Captain-Paramedic/56 Hour (RPTH), who meet the following
eligibility requirements and are assigned to the REACH Partnership, will be paid
a monthly pay differential of five percent (5%) of the employee’s monthly base
rate of pay (not including other differentials) for each month of the assignment.
May 26, 2020 Contra Costa County Fire Protection District 154
The differential will be effective beginning the first day of the month following the
District’s receipt of a valid and current Flight Paramedic Certification (FP-C).
To be eligible for the REACH Partnership assignment, employees must first:
1) Complete all minimum training assignments required to operate as a
flight paramedic in the REACH Partnership;
2) Maintain a valid and current FP-C;
3) Complete and maintain any other prerequisites for the REACH
Partnership that are identified in Personnel Bulletins.
The District has the sole discretion to assign or remove an employee from the
REACH Partnership. Removal from the REACH partnership will result in termination
of the differential beginning the first day of the month following termination of the
assignment
SECTION 6 – OVERTIME
6.1 Overtime. Permanent full-time and part-time employees are entitled
to receive overtime pay for any authorized hours worked in excess of the
employee’s daily number of scheduled hours. For example, an employee who is
scheduled to work ten (10) hours per day and who works eleven (11) hours on a
particular day would be entitled to one (1) hour of overtime. Overtime pay is
compensated at the rate of one and one-half (1-1/2) times the employee's base rate
of pay (not including shift and any other special differentials). Any shift or special
differentials that are applicable during overtime hours worked will be computed on
the employee’s base rate of pay, not on the overtime rate of pay.
Fire Suppression Personnel: Employees in the classifications of Fire Investigator-56
Hour (RJWH), Fire Captain-56 Hour (RPTA), Fire Captain-Paramedic-56 Hour
(RPTH), Fire Engineer-56 Hour (RPVC), Fire Engineer-Paramedic-56 Hour (RPVF),
Firefighter-56 Hour (RPWA), and Firefighter-Paramedic-56 Hour (RPWB) who work
a 56-hour shift within a 24-day/182 hour FLSA work period will receive an additional
2.61% of monthly base pay, as “FLSA pay” to compensate them for the ten (10)
regularly scheduled hours each 24-day FLSA work period in excess of the 182 hour
FLSA overtime threshold. These employees will receive this additional payment
regardless of whether an individual actually works all of the 192 regularly scheduled
work hours in the applicable 24-day FLSA work period.
Overtime for permanent employees is earned and credited in a minimum of one-
tenth hour increments.
6.2 Overtime Recall List. The District and the Union have agreed on a
recall list which shall be used for overtime work. The agreed upon list shall not apply
to emergency overtime, nor shall it apply when employees are recalled to perform
specialized duty assignments.
May 26, 2020 Contra Costa County Fire Protection District 155
6.3 Eligibility for Overtime. Overtime is not authorized for employees
who are AWOL/AWOP or serving disciplinary actions.
SECTION 7 - CALL BACK
Employees called back for work performed outside their regular work schedule shall
be compensated at the rate of one and one-half (1-1/2) times their regular hourly
rate for time actually worked with a minimum of two (2) hours pay. This two (2)
hours minimum does not apply when an employee is called back and reports to
work less than two (2) hours before the beginning of the employee's regular shift.
7.1 Emergency Recall. Emergency recall is the recall of 56-hour or 40-
hour personnel to respond to an emergency in progress, an expected or anticipated
severe weather event, or staffing of apparatus or equipment for high fire conditions,
such as a red flag warning or for other emergency considerations at the Fire Chief’s
discretion. Emergency recall must be approved by the Duty Chief. All off-duty
personnel are subject to emergency recall when needed. Personnel who do not
comply with a request to work an emergency recall assignment may be subject to
disciplinary action.
SECTION 8 – DAYS AND HOURS OF WORK
8.1 Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours
per day, Monday through Friday, inclusive, for a total of forty (40)
hours.
B. Alternate Work Schedule: An alternate work schedule is any work
schedule where an employee is regularly scheduled to work five (5)
days per week, but the employee’s regularly scheduled two (2) days
off are NOT Saturday and Sunday.
C. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days
in a seven (7) day period, for a total of forty (40) hours per week.
D. 9/80 Work Schedule: A 9/80 work schedule is where an employee
works a recurring schedule of thirty-six (36) hours in one calendar
week and forty-four (44) hours in the next calendar week, but only
forty (40) hours in the designated workweek. In the thirty-six (36) hour
calendar workweek, four (4) of the workdays are nine (9) hour days
and the employee has the same day of the week off that is worked for
eight (8) hours in the forty-four (44) hour calendar week. In the forty-
four (44) hour calendar week, four (4) of the workdays are nine (9)
hours and one of the workdays is eight (8) hours. Specific 9/80
schedules and requirements for employees are provided and
authorized under Administrative Bulletin No. 435.
May 26, 2020 Contra Costa County Fire Protection District 156
E. Kelly Schedule: The Kelly schedule consists of a 9-day cycle where
each platoon (A, B, C shift) works one 24-hour shift, followed by 24
hours off duty, works another 24-hour shift, followed by 24 hours off
duty, then works a final 24-hour shift, followed by 4 consecutive days
off duty.
F. Regular Schedule for Employees in 56 Hour Classifications: For
employees in the classifications of Fire Captain-56 Hour (RPTA), Fire
Captain-Paramedic-56 Hour (RPTH), Fire Engineer-56 Hour (RPVC),
Fire Engineer-Paramedic-56 Hour (RPVF), Fire Investigator-56 Hour
(RJWH), Firefighter-56 Hour (RPWA), and Firefighter-Paramedic-56
Hour (RPWB) the regular schedule consists of a six day tour of duty
that includes two (2) regularly scheduled 24-hour workdays and four
(4) days off.
8.2 Designated Workweek and Work Schedules.
A. Designated Workweek for Employees on Regular, Alternate, and 4/10
Work Schedules: For employees on regular, alternate, and 4/10 work
schedules, the designated workweek begins at 12:01 a.m. on Monday
and ends at 12:00 a.m. (midnight) on the following Sunday.
B. Designated Workweek for Employees on a 9/80 Work Schedule: The
9/80 designated workweek begins on the same day of the week as the
employee’s eight (8) hour work day and regularly scheduled 9/80 day
off. The start time of the designated workweek is four (4) hours and
one (1) minute after the start time of the eight (8) hour workday. The
end time of the designated workweek is four (4) hours after the eight
(8) hour workday start time. The result is a designated workweek that
is a fixed and regularly recurring period of seven (7) consecutive 24
hour periods (168 hours).
8.3 Time Reporting and Pay Practices Waiver: The Union agrees to the
implementation of an Automated Timekeeping System. The Union waives its right
to meet and confer regarding any impacts that may result from the County’s
implementation of the automated timekeeping system, including but not limited to,
changes to current departmental time reporting and pay practices. The Union
agrees to convert from the current payroll cycle when the County is able to upgrade
the current payroll system or implement a new County payroll system.
SECTION 9 - HOLIDAYS
9.1 Holidays Observed. The District will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January, known as Dr. M. L. King Jr. Day
Third Monday in February, known as Presidents Day
February 12th, known as Lincoln's Day
May 26, 2020 Contra Costa County Fire Protection District 157
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Employees in the classifications of Fire Captain-56 Hour (RPTA), Fire
Captain-Paramedic-56 Hour (RPTH), Fire Engineer-56 Hour (RPVC),
Fire Engineer-Paramedic-56 Hour (RPVF), Firefighter-56 Hour
(RPWA), Firefighter-Paramedic-56 Hour (RPWB), Fire Investigator-56
Hour (RJWH), Fire District Dispatcher (REWA), and Senior Fire
District Dispatcher-56 Hour (RETA) will receive twelve (12) hours of
holiday pay for each holiday listed in Section 9.1.A above. Employees
on a regular 40-hour weekly schedule will observe (day off work) each
holiday listed in Section 9.1.A, above, with no reduction in pay.
C. For forty (40) hour employees effective May 1, 1982, Lincoln's Day,
Admission Day, and Columbus Day shall be deleted as holidays and
each employee shall be allowed to either (1) schedule a personal
holiday on any of the above three (3) deleted holidays, or (2) accrue
eight (8) hours of personal holiday credit when Lincoln's Day,
Admission Day, and Columbus Day occur. Such personal holiday time
may be taken in increments of one (1) minute, and preference of
personal holidays shall be given to employees according to their
seniority in the District as reasonably as possible. No employee may
accrue more than thirty-two (32) hours of personal holiday credit.
On separation from District service, an employee shall be paid for any
unused personal holiday credits at the employee's then current pay
rate.
D. When a holiday falls on the regularly scheduled day off of any
employee who is on a flexible, alternate, 9/80, or 4/10 work schedule,
the employee is entitled to take the day off, without reduction in pay, in
recognition of the holiday. These employees are entitled to request
another day off in recognition of their regularly scheduled day off. The
requested day off must be within the same workweek as the holiday
and it must be pre-approved by the employee’s supervisor. If the day
off is not approved by the supervisor, it is lost. If the approved day off
is a nine (9) hour workday, the employee must use one (1) hour of
non-sick leave accruals. If the approved day off is a ten (10) hour
workday, the employee must use two (2) hours of non-sick leave
May 26, 2020 Contra Costa County Fire Protection District 158
accruals. If the employee does not have any non-sick leave accrual
balances, leave without pay (AWOP) will be authorized.
9.2 Holidays Falling on Saturday/Sunday. If any holiday listed in
section 9.1 (A) falls on a Saturday, it shall be celebrated on the preceding Friday. If
any holiday listed in Section 9.1 (A) falls on a Sunday, it shall be celebrated on the
following Monday.
9.3 Permanent Part-Time Employees. Permanent Part-Time Employees
are entitled to observe (day off) a holiday listed in Section 9.1.A, above, in the same
ratio as the number of hours in the part-time employee's weekly schedule bears to
forty (40) hours, regardless of whether the holiday falls on the part-time employee's
regular work day.
SECTION 10 - VACATION LEAVE
10.1 Vacation Leave. The rates at which employees accrue vacation
credits and the maximum accumulations thereof are as follows:
40 Hour Shift Employees
Length of Service
Monthly Accrual
Hours
Maximum
Cumulative
Hours
Under 11 years of completed service 10 240
Beg. with 11 – 15 yrs completed service 12-2/3 304
Beg. with 16 – 20 yrs completed service 13-1/3 320
Beg. with 21 – 25 yrs completed service 16-2/3 400
Beg. with 26 – 30 yrs completed service 20 480
Beginning with 31 yrs service 23-1/3 560
56 Hour Shift Employees
Length of Service
Monthly Accrual
Hours
Maximum
Cumulative
Hours
Under 11 years of completed service 14 336
Beg. with 11 – 15 yrs completed service 16 384
Beg. with 16 – 20 yrs completed service 19 456
Beg. with 21 – 25 yrs completed service 24 576
Beg. with 26 – 30 yrs completed service 28 672
Beginning with 31 yrs service 33 792
10.2 Vacation Leave on Reemployment from a Layoff List. Employees
with six (6) months or more service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as having completed six (6)
months tenure in a permanent position for the purpose of vacation leave. The
May 26, 2020 Contra Costa County Fire Protection District 159
appointing authority or designee will advise the Auditor-Controller's Payroll Unit in
each case where such vacation is authorized so that appropriate Payroll system
override actions can be taken.
SECTION 11 - SICK LEAVE
The employee may be required to provide a physician’s note upon return to work for
all absences exceeding four (4) days for (40-hour) personnel or three (3) days for
shift (56-hour) personnel. Failure to provide a physician’s note will result in vacation
or other non-sick leave accruals being used for the absence. In the event vacation
or other non-sick leave accruals are not available, the employee shall be placed in
AWOP status for the duration of the absence.
11.1 Accrual of Sick Leave. Twenty-four (24) hour shift personnel shall
accrue sick leave at the rate of twelve (12) hours per month.
Employees who work a forty (40) hour week shall accrue sick leave at the rate of
eight (8) hours per month.
11.2 Permanent Disability Sick Leave. Permanent disability means an
employee suffers from a disabling physical injury or illness and is thereby prevented
from engaging in any District occupation for which the employee is qualified by
reason of education, training or experience. Sick leave may be used by
permanently disabled employees until all accruals of the employee have been
exhausted or until the employee is retired by the Retirement Board, subject to the
following conditions:
a. an application for retirement for disability has been filed with the
Retirement Board;
b. satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick
leave for permanent disability;
c. the appointing authority may review medical evidence and order
further examinations as deemed necessary, and may terminate use of
sick leave when such further examination demonstrates that the
employee is not disabled, or when the appointing authority determines
that the medical evidence submitted by the employee is insufficient, or
when the above conditions have not been met.
The District shall implement the above provision by revision and updating of the
appropriate District Personnel Bulletins.
11.3 Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth,
or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum
accrued by such employee during the period of such disability under the conditions
May 26, 2020 Contra Costa County Fire Protection District 160
set forth below.
A. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability
from the employee's attending physician. The statement must
address itself to the employee's general physical condition having
considered the nature of the work performed by the employee, and it
must indicate the date of the commencement of the disability as well
as the date the physician anticipates the disability to terminate. The
District retains the right to a medical review of all requests for such
leave.
B. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform work or that
the employee's general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or reco-
very therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the District, the cost of such
examination to be borne by the District. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee
for the duration of the disability.
C. If all accrued sick leave has been utilized by the employee, the
employee shall be considered on an approved leave without pay
unless the employee chooses to use vacation or other non-sick leave
accruals.
The District shall implement the above provisions by revision and updating of the
appropriate District Personnel Bulletins.
11.4 Definition of Immediate Family. "Immediate Family" means and
includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather,
mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-
in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster
children, aunt, uncle, cousin, stepbrother, stepsister or domestic partner of an
employee and/or includes any other person for whom the employee is the legal
guardian or conservator, or any person who is claimed as a "dependent" for IRS
reporting purposes by the employee.
11.5 Prearranged Medical Appointments. Employees who wish to use
sick leave for prearranged doctor or dentist appointments shall notify their
appropriate supervisor of the appointment twenty-four (24) hours prior to the
beginning of the shift during which the appointment is scheduled.
11.6 Baby/Child Bonding. To bond with the employee’s newborn or
placement of a child in an employee’s family through adoption or foster care, an
employee eligible for baby/child bonding leave pursuant to the Family and Medical
Leave Act (FMLA) and California Family Rights Act (CFRA) may use sick leave
credits for such baby/child bonding leave.
May 26, 2020 Contra Costa County Fire Protection District 161
11.7 Death of Family Member. An employee may use paid sick leave
credits for working time used because of a death in the employee’s immediate family
or of the employee’s domestic partner, but this shall not exceed three (3) working
days, plus up to two (2) days of work time for necessary travel. Use of additional
accruals other than sick leave may be authorized in conjunction with the
bereavement leave at the discretion of the appointing authority.
SECTION 12 – WORKERS’ COMPENSATION
12.1 Workers' Compensation - Safety.
A. State Labor Code 4850 Pay. Specified employees as defined in State
Labor Code 4850 who are members of the Contra Costa County
Retirement System continue to receive full salary benefits in lieu of
temporary disability during any absence from work which qualifies for
Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or
illness. To be eligible for this benefit, the employee must be under the
care of a physician. All 4850 pay shall be approved by the County
Administrator's Office, Risk Management Division.
B. Sick Leave and Vacation. Sick leave and vacation shall accrue in
accordance with the provision of State Labor Code 4850.
C. Pay Beyond One Year. If an injured employee remains eligible for
Workers' Compensation temporary disability benefits beyond one
year, full salary will continue by integrating sick leave and/or vacation
accruals with Workers' Compensation benefits (use of vacation
accruals must be approved by the department and the employee). If
salary integration is no longer available because accruals are
exhausted, Workers' Compensation benefits will be paid directly to the
employee as prescribed by Workers' Compensation laws.
D. Health Insurance. The District subsidy of the employee's group
insurance plan(s) continues during the 4850 pay period and during
integration of sick leave or vacation with Workers' Compensation
benefits.
E. Integration Formula. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 [1 - (W : S)]
C = Sick leave or vacation charge per day (in hrs.)
W = Statutory temporary disability benefit due for month
S = Monthly salary
F. Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave work
May 26, 2020 Contra Costa County Fire Protection District 162
for treatment during working hours, the employee shall be allowed
time off up to three (3) hours for such treatment without loss of pay or
benefits. Said visits are to be scheduled contiguous to either the
beginning or end of the scheduled work day whenever possible. This
provision applies only to injuries/illnesses that have been accepted by
Risk Management as a job connected injury.
12.2 Workers' Compensation & Continuing Pay for Non-Safety
Employees.
A. Waiting Period.
1. Employees who leave work as a result of an on the job injury
will have the balance of that day charged to sick leave and/or
vacation accruals. This will be considered as the last day
worked for purposes of determining Workers’ Compensation
benefits.
2. There is a three (3) calendar day waiting period before
Workers’ Compensation benefits commence. If the injured
worker loses any time on the day of injury, that day counts as
day one (1) of the waiting period. If the injured worker does not
lose time on the day of injury, the waiting period will be the first
three (3) calendar days the employee does not work as a result
of the injury. The time the employee is scheduled to work
during this waiting period will be charged to the employee’s
sick leave and/or vacation accruals. In order to qualify for
Workers’ Compensation, the employee must be under the care
of a physician. Temporary compensation is payable on the first
three (3) days of disability when the injury necessitates
hospitalization, or when the disability exceeds fourteen (14)
days.
B. Continuing Pay.
1. A permanent employee shall receive 70% of regular monthly
salary during any period of compensable temporary disability
absence not to exceed one year. "Compensable temporary
disability absence" for the purpose of this Section, is any
absence due to work connected disability which qualifies for
temporary disability compensation under Workers'
Compensation Law set forth in Division 4 of the California
Labor Code. When any disability becomes medically
permanent and stationary, the salary provided by this Section
shall terminate. The employee shall return to the County all
temporary disability payments received by him from any
County funded Workers’ Compensation or other County wage
replacement program. No charge shall be made against sick
leave or vacation for these salary payments. Sick leave and
May 26, 2020 Contra Costa County Fire Protection District 163
vacation rights shall not accrue for those periods during which
continuing pay is received.
The maximum period of continuing pay for any one injury or
illness shall be up to one (1) year from the date of temporary
disability.
If Workers' Compensation becomes taxable, the County agrees
to restore the benefit to (100% of monthly salary).
2. Continuing pay begins at the same time that temporary
Workers' Compensation starts and continues until the
temporary disability ends, or until one (1) year from the date of
temporary disability payments, whichever comes first, provided
the employee remains in an active employed status.
Continuing pay is automatically terminated on the date an
employee is separated from County service by resignation,
retirement, layoff, suspension or any other action that
determines the employee is no longer employed by the County.
In these instances, employee will be paid Workers'
Compensation benefits as prescribed by Workers'
Compensation laws. All continuing pay will be cleared through
the County Administrator's Office, Risk Management Division.
C. Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave work
for treatment during working hours, the employee shall be allowed
time off up to three (3) hours for such treatment without loss of pay or
benefits. Said visits are to be scheduled contiguous to either the
beginning or end of the scheduled work day whenever possible. This
provision applies only to injuries/illnesses that have been accepted by
the County as a job connected injury.
D. Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, the employee's applicable
salary will continue by integrating sick leave and/or vacation accruals
with Workers' Compensation benefits. If salary integration is no
longer available, Workers' Compensation benefits will be paid directly
to the employee as prescribed by Workers' Compensation laws.
E. Health Insurance. The County subsidy of the employee's group
insurance plan(s) continues during the continuing pay period and
during integration of sick leave or vacation with Workers'
Compensation benefits.
F. Method of Integration. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
May 26, 2020 Contra Costa County Fire Protection District 164
W = Statutory Temporary disability benefit due for a month
S = Monthly salary
SECTION 13 - LEAVE OF ABSENCE
13.1 Leave Without Pay. Any employee who has permanent status may
be granted a leave of absence without pay upon written request, approved by the
appointing authority; provided, however, that leaves under the Pregnancy Disability
Leave Act, Family and Medical Leave Act (FMLA), and California Family Rights Act
(CFRA) shall be granted in accordance with applicable state and federal law.
13.2 General Administration - Leaves of Absence. Requests for leave
without pay shall be made in writing and shall state specifically the reason for the
request, the date when it is desired to begin the leave, and the probable date of
return.
A. Leave without pay may be granted for any of the following reasons:
1. Employee’s own Illness, disability, or serious health
condition;
2. pregnancy or pregnancy disability;
3. parental family care for family members as defined in
Section 13.8;
4. to take a course of study such as will increase the employee's
usefulness on return to the position;
5. for other reasons or circumstances acceptable to the
appointing authority.
B. An employee must request a leave of absence at least thirty (30) days
before the leave is to begin if the need for the leave is foreseeable. If
the need is not foreseeable, the employee must provide written notice
to the employer of the need for leave as soon as possible and
practical.
C. A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for additional
periods. The procedure in granting extensions shall be the same as
that in granting the original leave, provided that the request for
extension must be made not later than thirty (30) calendar days before
the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health
condition or for Family and Medical Leave Act (FMLA), and/or
California Family Rights Act (CFRA) shall be granted to an employee
May 26, 2020 Contra Costa County Fire Protection District 165
who so requests it for up to twelve (12) weeks a rolling twelve (12)
month period in accordance with Section 13.4 below.
E. Whenever an employee who has been granted a leave without any
pay desires to return before the expiration of such leave, the
employee shall provide reasonable notice to the appointing authority
in writing at least two (2) days in advance of the proposed return.
The Human Resources Department shall be notified promptly of such
return.
F. Except in the case of leave of absence due to Pregnancy Disability
Leave Act, Family and Medical Leave Act (FMLA), and California
Family Rights Act (CFRA), the decision of the appointing authority on
granting or denying a leave or early return from leave shall be subject
to appeal to the Director of Human Resources and not subject to
appeal through the grievance procedure set forth in this MOU.
13.3 Military Leave. Any employee who is ordered to serve as a member
of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast
Guard or any division thereof, shall be granted a military leave for the period of such
service, up to a maximum of five (5) years as permitted by the federal Uniformed
Services Employment & Reemployment Rights Act (USERRA), plus ninety (90)
days. Additionally, any employee who volunteers for service during a mobilization
under Executive Order of the President or Congress of the United States and/or the
State Governor in time of emergency, shall be granted a leave of absence in
accordance with applicable federal or state laws. Upon the termination of such
service, or upon honorable discharge, the employee shall be entitled to return to
his/her position in the classified service without any loss of standing of any kind
whatsoever provided such position still exists, the employee is otherwise qualified,
and the employee’s cumulative military service does not exceed five (5) years for
reemployment purposes as defined in USERRA.
13.4 Family & Medical leave Act (FMLA)/California Family Rights Act
(CFRA). Upon request to the appointing authority, in a “rolling” twelve (12) month
period measured backward preceding the start of the FMLA/CFRA leave, any
eligible employee shall be entitled to at least twelve (12) weeks leave (less if so
requested by the employee) for:
a. medical leave of absence for the employee's own serious health
condition which makes the employee unable to perform the functions
of the employee's position; or
b. family care leave of absence without pay for reason of the birth of a
child of the employee, the placement of a child with an employee in
connection with the adoption or foster care of the child by the
employee, or the serious illness or health condition of a child, parent,
spouse, or domestic partner of the employee.
May 26, 2020 Contra Costa County Fire Protection District 166
13.5 Certification. The employee may be asked to provide certification of
the need for Family & Medical leave Act (FMLA) and/or California Family Rights Act
(CFRA).
13.6 Intermittent Use of Leave. The twelve (12) week entitlement may be
in broken periods, intermittently on a regular or irregular basis, or may include
reduced work schedules depending on the specific circumstances and situations
surrounding the request for leave. The twelve (12) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain pay
status, but use of such accruals is not required beyond that specified in Section
13.11 below. When paid leave accruals are used for Family & Medical leave Act
(FMLA) and/or California Family Rights Act (CFRA), such time shall be counted as a
part of the twelve (12) week entitlement.
13.7 Aggregate Use for Parents. In the situation where both parents are
employed by the District, the Family & Medical leave Act (FMLA) and/or California
Family Rights Act (CFRA) entitlement based on the birth, adoption or foster care of
a child is limited to an aggregate for both parents together of twelve (12) weeks
during a rolling twelve (12) month period. Employees requesting FMLA/CFRA are
required to advise their appointing authority(ies) when the other parent is also
employed by the District.
13.8 Definitions. For Family & Medical leave Act (FMLA) and/or California
Family Rights Act (CFRA) leaves of absence under this section, the following
definitions apply:
a. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under eighteen (18) years of age for
whom an employee stands in loco parentis or for whom the employee
is the guardian or conservator, or an adult dependent child of the
employee.
b. Parent: A biological, foster, or adoptive parent, a step-parent, legal
guardian, conservator, or other person standing in loco parentis to a
child.
c. Spouse: A partner in marriage as defined in Family code Section 300.
d. Domestic Partner: As defined in Family Code Section 297.
e. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital,
hospice or residential health care facility or continuing treatment or
continuing supervision by a health care provider (e.g. physician or
surgeon) and which for family care leave only, warrants the
participation of a family member to provide care during a period of
treatment or supervision, as defined by state and federal law.
May 26, 2020 Contra Costa County Fire Protection District 167
f. Certification for Family and Medical Leave Act (FMLA)/California
Family Rights Act (CFRA). A written communication to the employer
from a health care provider of an employee with a serious health
condition or illness or from a health care provider of a person for
whose care the leave is being taken which need not identify the
serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. for family care, an estimate of frequency and duration of the
leave required to render care or supervision for the family
member;
4. for an employee’s serious health condition, a statement
whether the employee is able to work, or is unable to perform
one or more of the essential functions of his/her position;
5. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or
reduced work schedule needed for the employee’s serious
health condition or for the care of the employee’s family
member, and its expected duration.
g. Comparable Positions. A position with the same or similar duties and
pay which can be performed at the same or similar geographic
location as the position held prior to the leave. Ordinarily, the job
assignment will be the same duties in the same program area located
in the same city, although specific clients, caseload, co-workers,
supervisor(s), or other staffing may have changed during an
employee's leave.
13.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is
used under Section 11.3 (Sick Leave Utilization for Pregnancy Disability), that time
will not be considered a part of the twelve (12) week California Family Rights Act
(CFRA) period.
13.10 Group Health Plan Coverage. Employees who were members of one
of the group health plans prior to commencement of their leave of absence can
maintain their health plan coverage with the District contribution by maintaining their
employment in pay status as described in Section 13.11. During the twelve (12)
weeks of an approved FMLA/CFRA under Section 13.4 above, the District will
continue its contribution for such health plan coverage even if accruals are not
available for use to maintain pay status as required under Section 13.11. In order to
maintain such coverage, employees are required to pay timely the full employee
contribution to maintain their group health plan coverage, either through payroll
deduction or by paying the County directly.
May 26, 2020 Contra Costa County Fire Protection District 168
13.11 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of
any leave of absence without pay, an employee may elect to maintain
pay status each month by using available sick leave (if so entitled
under Section 11 - Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or entitlements; in other
words, during the first twelve (12) months, a leave of absence without
pay may be "broken" into segments and accruals used on a monthly
basis at the employee's discretion. After the first twelve (12) months,
the leave period may not be "broken" into segments and accruals may
not be used, except when required by or SDI/Sick Leave Integration or
in the sections below.
B. Family and Medical Leave Act (FMLA)/California Family Rights Act
(CFRA). During the twelve (12) weeks of an approved FMLA/CFRA, if
a portion of that leave will be on a leave of absence without pay, the
employee will be required to use at least 0.1 hour of sick leave (if so
entitled under Section 11 - Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or entitlements if such are
available, although use of additional accruals is permitted under
subsection A. above.
C. Sick leave accruals may not be used during any leave of absence,
except as allowed under Section 11 - Sick Leave.
13.12 Leave of Absence Replacement and Reinstatement. Any
permanent employee who requests reinstatement to the classification held by the
employee in the same department at the time the employee was granted a leave of
absence, shall be reinstated to a position in that classification and department and
then only on the basis of seniority. In case of severance from service by reason of
the reinstatement of a permanent employee, the provisions of PMR Part 12 shall
apply.
13.13 Reinstatement From Family and Medical Leave Act
(FMLA)/California Family Rights Act (CFRA). In the case of a FMLA/CFRA leave,
an employee on a 5/40 schedule shall be reinstated to the same or comparable
position if the return to work is after no more than sixty (60) work days of leave from
the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full time employee taking an
intermittent or reduced work schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule is after no more than 480
hours, including use of accruals, of intermittent or reduced schedule leave. At the
time the original leave is approved, the appointing authority shall notify the
employee in writing of the final date to return to work, or the maximum number of
hours of leave, in order to guarantee reinstatement to the same or comparable
position. An employee on a schedule other than 5/40 shall have the time frame for
reinstatement to the same or comparable position adjusted on a pro rata basis.
May 26, 2020 Contra Costa County Fire Protection District 169
13.14 Salary Review While on Leave of Absence. The salary of an
employee who is on leave of absence on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during
the preceding year, shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may accrue to them during the
period of military leave.
13.15 Unauthorized Absence. An unauthorized absence from the work site
or failure to report for duty after a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of a leave, shall be without
pay. Such absence may also be grounds for disciplinary action.
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.1 Health Plan. The District will provide group health benefits through
the California Public Employees’ Retirement System (CalPERS) for all permanent
full-time employees and permanent part-time employees regularly scheduled to
work at least twenty (20) hours per week in classes represented by the IAFF, Local
1230. The CalPERS health care program, as regulated by the Public Employees’
Medical and Hospital Care Act (PEMHCA), regulations issued pursuant to
PEMHCA, and the administration of PEMHCA by CalPERS, controls on all health
plan issues for employees who receive health care coverage from CalPERS,
including, but not limited to, eligibility, benefit plans, benefit levels, minimum
premium subsidies, and costs.
14.2 Contra Costa Health Plan (CCHP). Because CCHP has met the
minimum standards required under PEMHCA and is approved as an alternative
CalPERS plan option, IAFF, Local 1230 members and Consolidated Omnibus
Reconciliation Act (COBRA) counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
14.3 CalPERS Health Plan Monthly Premium Subsidy. The District’s
subsidy to the CalPERS monthly health plan premiums is as provided below. The
employee must pay any CalPERS health plan premium costs that are greater than
the District’s subsidy identified in Section 14.3(A).
A. District Premium Subsidy thru November 30, 2015. The District will
contribute up to an amount equivalent to eighty-seven percent (87%)
of the 2015 CalPERS Kaiser Bay Area premium.
1. All Health Plans
Coverage Level Subsidy
Employee Only $ 621.57
Employee & One Dependent $1,243.14
Employee & Two or more Dependents $1,616.09
May 26, 2020 Contra Costa County Fire Protection District 170
B. District Premium Subsidy On and After December 1, 2015.
For the plan year that begins on January 1, 2016, the District will pay
a monthly premium subsidy for each health plan that is equal to the
actual dollar monthly premium subsidy that is paid by the District as of
November 30, 2015. In addition, if there is an increase in the monthly
premium charged by a health plan for 2016, the District and the
employee will each pay fifty percent (50%) of that increase. For each
calendar year thereafter, the District and the employee will each pay
fifty percent (50%) of the monthly premium increase above the 2015
plan premium.
C. In the event, in whole or in part, that the above District premium
subsidy amounts are greater than one hundred percent (100%) of the
applicable premium of any plan, for any plan year, the District’s
contribution will not exceed one hundred percent (100%) of the
applicable plan premium.
14.4 Dental Plan. The District may, during the term of this MOU, change
dental care providers, so long as the level of benefits provided is not reduced.
14.5 District Dental Plan Premium Subsidy. The District’s subsidy to the
monthly dental plan premiums shall be as provided below. This subsidy is provided
only for permanent full-time and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week. Any increases in dental plan
costs greater than the District’s premium subsidy identified below shall be borne by
the employee.
A. District premium subsidy for 2016 and thereafter. For plan years 2016 and
thereafter, the District will pay a monthly premium subsidy for each dental
plan that is equal to the actual dollar monthly premium subsidy that was paid
by the District as of November 30, 2015. In addition, the District and the
employee will each pay fifty percent (50%) of the monthly premium increase
above the 2015 dental plan premiums. The 2015 dental plan premiums and
November 30, 2015 District dental plan subsidies are as follows:
Dental Plans
2015
Premium
2015
Subsidy
Delta Dental - Single $42.45 $33.11
Delta Dental - Family $95.63 $74.59
Delta Dental without health plan - Single $42.45 $42.44
Delta Dental without health plan - Family $95.63 $95.62
Delta Care - Single $29.06 $22.67
Delta Care - Family $62.81 $48.99
Delta Care without health plan - Single $29.06 $29.05
Delta Care without health plan - Family $62.81 $62.80
May 26, 2020 Contra Costa County Fire Protection District 171
B. In the event, in whole or in part, that the above amounts are greater than one
hundred percent (100%) of the applicable premium of any plan, for any plan
year, the District’s contribution will not exceed one hundred percent (100%)
of the applicable plan premium.
C. Eligible Family Members. The following persons may be enrolled as the
Eligible Family Members of a dental plan subscriber.
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s Disabled Child who is:
i. Over age 19,
ii. Unmarried; and
iii. Incapable of sustaining employment due to a
physical or mental disability that existed prior to
the child’s attainment of age 19.
2. Delta Dental PPO Only:
Employee’s unmarried child who is:
(1) Under age 19, or
(2) Age 19, or above, but under age 24, and
i. Resides with the Employee for more than 50% of the
year excluding time living at school, and
ii. Receives at least 50% of support from Employee, and
iii. Is enrolled and attends school on a full-time basis, as
defined by the School.
3. Delta Care HMO Only – Employee’s Child to age 26
4. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMSCO) or similar court document.
5. For purposes of this Section 14.5 – District Premium Subsidy, “Eligible
Family Member” does not include Survivors of employees or retirees.
14.6 Rate Information. The County Benefits Service Unit will make dental
plan rate information and, to the extent possible, CalPERS health plan rate
information available to employees and departments upon request. In addition, the
County Benefits Service Unit will publish and distribute to employees and
departments information about rate changes as they occur during the year.
14.7 Life Insurance Benefit Under Health and Dental Plans. For
permanent employees who are enrolled in a District sponsored health or dental plan
as either the primary insured or a dependent, term life insurance in the amount of
ten thousand dollars ($10,000) will be provided by the District.
May 26, 2020 Contra Costa County Fire Protection District 172
14.8 Life Insurance Contributions. The District will pay the entire
premium on behalf of permanent full-time and permanent part-time employees
regularly scheduled to work at least twenty (20) hours per week who elect health
and/or dental coverage.
14.9 Premium Payments. Employee participation in any health, dental, or
life insurance plan is contingent upon the employee authorizing payroll deduction by
the District of the employee’s share of the premium cost. The District’s subsidy of
health plan and dental plan monthly premiums is payable as follows:
A. CalPERS PLAN (Includes Alternate CCHP Plan)
The District's subsidy of the health plan premium is payable one (1)
month in advance. If an employee’s compensation in any month is
not sufficient to pay the employee share of the premium, the
employee must make up the difference by remitting the amount
delinquent to the Auditor-Controller. The responsibility for this
payment rests solely with the employee.
B. DENTAL AND LIFE INSURANCE PLANS
The District's subsidy of the dental and life insurance premium as
described in Sections 14.5 and 14.8, is payable monthly. If an
employee’s compensation in any month is not sufficient to pay the
employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment rests solely with the
employee.
14.10 Extended Coverage. An employee on approved leave without pay
shall be allowed to continue his/her health/dental/life insurance coverage provided
that the employee shall pay their share of the monthly premium by the tenth day of
each month, during said leave. Late payment may result in cancellation of
coverage.
An employee on leave in excess of twelve (12) months may continue group
coverage subject to the provisions of the Consolidated Omnibus Budget
Reconciliation Act (COBRA) provided the employee pays the entire cost of
coverage, plus any administrative fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified by the District. Late payment
may result in cancellation of coverage.
An employee who terminates District employment is covered through the last day of
the month following termination for CalPERS plans and through the last day of the
month in which he/she is paid for District dental plans. Employees who terminate
District employment may continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
May 26, 2020 Contra Costa County Fire Protection District 173
14.11 Retirement Coverage. Upon retirement, employees may, subject to
plan requirements, remain in the same District group medical plan if immediately
before their retirement they are currently enrolled in one of the District sponsored
CalPERS Health Plans or if on authorized leave of absence without pay, they have
retained continuous coverage during the leave period.
A. Retirement Dental Coverage.
1. Employees hired before January 1, 2015. Upon retirement,
eligible employees and their eligible family members, as
defined in Section 14.5(E), may remain in their District dental
plan, but without District-paid life insurance coverage, if
immediately before their proposed retirement, the employees
and dependents are either active subscribers to one of the
District contracted dental plans or if while on authorized leave
of absence without pay, they have retained continuous
coverage during the leave period. The District will pay the
same dental plan monthly premium subsidies set forth in
subsection 14.5 for eligible retirees and their eligible family
members.
2. Employees hired on or after January 1, 2015. For these
employees and their eligible family members, no monthly
premium subsidy will be paid by the District for any dental plan
after they separate from District employment. Upon completion
of fifteen (15) years of service as an employee of the District,
an employee who retires under the Contra Costa County
Employees Retirement Association (“CCCERA”) may retain
continuous coverage of any District dental plan, provided that
he or she pays the full premium cost under the chosen dental
plan without any District premium subsidy. For purposes of
retiree dental eligibility, one year of service is defined as one
thousand (1,000) hours worked within one District anniversary
year.
B. Retirement Medical Coverage.
1. Government Code Section 22892 applies to all employees who
retire under the Contra Costa County Employees’ Retirement
Association (CCCERA).
14.12 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as
established by CalPERS.
B. On and after January 1, 2015, each employee and retiree may be
covered by only a single District health and/or a single District dental
plan, including CalPERS plans. For example, a District employee
may be covered under a single District health plan as either the
May 26, 2020 Contra Costa County Fire Protection District 174
primary insured or the dependent of another District employee or
retiree, but not as both the primary insured and the dependent of
another District employee or retiree.
C. On and after January 1, 2015, each dependent may be covered by the
health and/or dental plan of only one spouse or one domestic partner.
For example, when both husband and wife are District employees, all
of their eligible children may be covered as dependents of either the
husband or the wife, but not both.
D. For purposes of this Section 14.12 - Dual Coverage, "District" includes
the County of Contra Costa and all Board of Supervisors governed
special districts.
14.13 PERS Long Term Care. The District will deduct and remit monthly
premium and eligible lists to the PERS Long Term Care Administrator, at no
employee cost, for District employees who are eligible and voluntarily elect to
purchase long term care through the PERS Long Term Care Program.
The District further agrees that District employees interested in purchasing PERS
Long Term Care may participate in meetings scheduled by PERS Long Term Care
on District facilities during non-work hours (i.e.: coffee breaks, lunch hour).
14.14 Health Care Spending Account. The District will continue to offer
regular full-time and part-time (20/40 or greater) District employees the option to
participate in a Health Care Spending Account (HCSA) Program designated to
qualify for tax savings under Section 125 of the Internal Revenue Code, but such
savings are not guaranteed. The HCSA Program allows employees to set aside a
pre-determined amount of money from their paycheck for health care expenses not
reimbursed by any other health benefits plan with before tax dollars. HCSA dollars
can be expended on any eligible medical expenses allowed by Internal Revenue
Code Section 125. Any unused balance is forfeited and cannot be recovered by the
employee.
14.15 Voluntary Vision Plan. Beginning with the 2017 plan year, active
permanent full-time and active permanent part-time employees will be offered the
opportunity to enroll in a voluntary vision plan. Employees will pay the full premium
costs of the plan. The District will contract with VSP Vision Care for a voluntary
vision plan with no co-pays. The vision plan is not available to permanent-
intermittent employees.
14.16 Dependent Care Assistance Program. The District will continue to
offer the option of enrolling in a Dependent Care Assistance Program (DCAP)
designed to qualify for tax savings under Section 129 of the Internal Revenue Code,
but tax savings are not guaranteed. The program allows employees to set aside up
to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to
pay for eligible dependent care (child and elder care) expenses. Any unused
balance is forfeited and cannot be recovered by the employee.
May 26, 2020 Contra Costa County Fire Protection District 175
14.17 Premium Conversion Plan. The District will continue to offer the
option of enrolling in the Premium Conversion Plan (PCP) designed to qualify for tax
savings under Section 125 of the Internal Revenue Code, but tax savings are not
guaranteed. The program allows employees to use pre-tax dollars to pay health and
dental premiums.
14.18 Prevailing Section. To the extent that any provision of this Section
(Section 14 – Health and Welfare, Life and Dental Care) is inconsistent with any
provision of any other County or District enactment or policy, including but not
limited to Administrative Bulletins, the Salary Regulations, the Personnel
Management Regulations, or any other resolution or order of the Board of
Supervisors, the provision(s) of this Section (Section 14 – Health and Welfare, Life
and Dental Care) will prevail.
SECTION 15 - FIREFIGHTER RECRUIT
New “Firefighters” will be appointed to the class of Firefighter-Recruit for the
duration of their academy training period. Advancement to Firefighter will be made
upon successful completion of academy training and possession of a valid California
Emergency Medical Technician – 1 (EMT – 1) certificate.
SECTION 16 - PROBATIONARY PERIOD
16.1 Duration. All appointments from officially promulgated employment
lists for original entrance and promotion shall be subject to a probationary period.
For original entrance appointments, the probationary period shall be for one (1)
year. For promotional appointments, the probation period shall be one (1) year
duration.
16.2 Classes with Changed Probationary Periods. When the
probationary period for a class is changed, only new appointees to positions in the
classification shall be subject to the revised probationary period.
16.3 Probationary Period Time. The probationary period shall date from
the time of appointment to a permanent position after certification from an eligible
list. It shall not include time served under provisional appointment or under
appointment to limited term positions or any period of continuous leave of absence
without pay or period of work connected disability exceeding fifteen (15) calendar
days. For those employees appointed to permanent-intermittent positions, probation
will be considered completed upon serving two thousand eight (2080) hours (2912
hours for shift employees) after appointment except that in no instance will this
period be less than one year from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full-time, credit toward probation
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours (243 hours for shift employees) per month.
May 26, 2020 Contra Costa County Fire Protection District 176
16.4 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from
any rejection during the probationary period based on political, or
religious or union activities, or race, color, national origin, sex, age,
handicap, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and the facts by which it is claimed that grounds for
appeal exist under subsection (A) and must be filed through the
Director of Human Resources to the Merit Board by 5:00 p.m. on the
7th calendar day after the date of delivery to the employee of notice of
rejection.
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in subsection (A), it may refer the matter to a Hearing
Officer for hearing, recommend findings of fact, conclusions of law
and decision, pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has the burden of
proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny
the appeal. If, after hearing, the Merit Board upholds the appeal, the
appellant shall complete only the remainder of the probation period
unless the Merit Board specifically orders that the appellant begin a
new probation period.
16.5 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Human Resources receive from the
appointing authority a statement in writing that the services of the employee during
the probationary period were satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this
Memorandum of Understanding, without notice and without right of appeal or
hearing. If the appointing authority has not returned the probation report, a
probationary employee may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. If the appointing authority
fails to submit in a timely manner the proper written documents certifying that a
probationary employee has served in a satisfactory manner and later acknowledges
it was the appointing authority's intention to do so, the regular appointment shall
begin on the day following the end of the probationary period.
May 26, 2020 Contra Costa County Fire Protection District 177
Notwithstanding any other provisions of this Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit System to
which the employee had been promoted or transferred from an eligible list, shall be
restored to a position in the District from which the employee was promoted or
transferred. An employee dismissed for other than disciplinary reasons within six (6)
months after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the District from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified unless
the employee receives the affirmative recommendation from the appointing authority
and is certified by the Director of Human Resources whose decision is final. The
Director of Human Resources shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected from
the same eligible list, unless such certification is requested in writing by the
appointing authority.
16.6 Layoff During Probation. An employee who is laid off during
probation, if reemployed in the same class by the same District, shall be required to
complete only the balance of the required probation.
If reemployed in another classification, the employee shall serve a full probationary
period. An appointment from a layoff or reemployment list is not subject to a
probation period if the position is in the District from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
16.7 Rejection During Probation of Layoff Employee. An employee who
has achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period shall be
automatically restored to the layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall begin a new probation
period if subsequently certified and appointed in a different district or classification
than that from which the employee was laid off.
SECTION 17 - PROMOTION
17.1 Promotion. Promotion shall be by competitive examination unless
otherwise provided in this Memorandum of Understanding.
17.2 Promotion Policy. The Director of Human Resources, upon request
of an appointing authority, shall determine whether an examination is to be called on
a promotional basis.
17.3 Promotion via Reclassification Without Examination.
Notwithstanding other provisions of this Section, an employee may be promoted
from one classification to a higher classification and his position reclassified at the
request of the appointing authority and under the following conditions:
May 26, 2020 Contra Costa County Fire Protection District 178
A. An evaluation of the position(s) in question must show that the duties
and responsibilities have significantly increased and constitute a
higher level of work.
B. The incumbent of the position must have performed at the higher level
for one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Director of Human Resources.
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
17.4 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional examinations only if the
requirements are met on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated from the merit system,
except by layoff, the employee's name shall be removed from the promotional list.
17.5 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority and/or
educational credits, a total passing score of seventy percent (70%) or more, shall
receive, in addition to all other credits:
A. Five one-hundredths of one percent (.05) for each completed month of
service as a permanent County employee continuously preceding the
final date for filing application for said examination. For purposes of
seniority credits, leaves of absence shall be considered as service.
Seniority credits shall be included in the final percentage score from
which the rank on the promotional list is determined. No employee,
however, shall receive more than a total of five percent (5%) credit for
seniority in any promotional examination.
B. Under this section, the maximum promotional examination credit an
employee can receive for seniority is five (5) points.
17.6 Physical Examination as Part of Promotional Examination. District
employee’s who are required as part of the promotional examination process to take
a physical examination shall do so on District time at District expense.
May 26, 2020 Contra Costa County Fire Protection District 179
SECTION 18 - TRANSFER POLICY
Any employee and appointing authority who desire to initiate a transfer may inform
the Director of Human Resources in writing of such desire stating the reasons
therefore. If the Director of Human Resources considers that the reasons are
adequate and the transfer will be for the good of the District service and the parties
involved, the Director of Human Resources shall inform the appointing authority or
authorities concerned and the employee of the proposal and may take the initiative
in accomplishing the transfer.
SECTION 19 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to
the employee and to the Human Resources Department and shall indicate the
effective date of termination.
19.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of service
(unless the appointing authority requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a resignation in good standing.
19.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
A. An employee has been absent from duty for ten (10) consecutive
working days, (three shifts for employees on a 56-hour work week)
without leave; and
B. ten (10) more consecutive days (three shifts for employees on a 56
hour work week) have elapsed without response by the employee
after the mailing of a notice of resignation by the appointing authority
to the employee at the employee's last known address.
19.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another date
specified.
19.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
19.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
May 26, 2020 Contra Costa County Fire Protection District 180
calendar days after its expression, by serving written notice on the
Director of Human Resources and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgment without loss
of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have
been believed to be coerced, this question should be handled as an
appeal to the Merit Board. In the alternative, the employee may file a
written election with the Director of Human Resources waiving the
employee's right of appeal to the Merit Board in favor of the
employee's appeal rights under the grievance procedure contained in
Section 21 of the Memorandum of Understanding beginning with step
C.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked
and the employee returned to duty effective on the day following the
decision or next assigned shift but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN
SALARY
20.1 Cause for Dismissal, Suspension, Demotion and Reduction in
Salary. The appointing authority may dismiss, suspend, demote, or reduce in salary
any employee for cause. Reduction in salary shall not exceed five percent (5%) of
the employee's base salary for a period of more than sixty (60) consecutive calendar
days. The following are sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension, demotion or reduction in
salary may be based on reasons other than those specifically mentioned:
1. absence without leave;
2. conviction of any criminal act involving moral turpitude;
3. conduct tending to bring the merit system into disrepute;
4. disorderly or immoral conduct;
5. incompetence or inefficiency;
6. insubordination;
May 26, 2020 Contra Costa County Fire Protection District 181
7. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during
work hours and/or on District premises;
8. neglect of duty, i.e., non-performance of reasonably assigned
responsibilities;
9. negligent or willful damage to public property or waste of public
supplies or equipment;
10. violation of any lawful or reasonable regulation or order given by a
supervisor or Fire Chief;
11. willful violation of any of the provisions of the Merit System Ordinance
or Personnel Management Regulations;
12. material and intentional misrepresentation or concealment of any fact
in connection with obtaining employment;
13. misappropriation of District funds or property;
14. unreasonable failure or refusal to undergo any physical, medical
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding;
15. dishonesty or theft;
16. excessive or unexcused absenteeism and/or tardiness;
17. sexual harassment including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, visual or
physical conduct of a sexual nature, when such conduct has the
purpose or effect of affecting employment decisions concerning an
individual, interfering with an individual's work performance, or
creating an intimidating, hostile or an offensive working environment.
20.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend for more than five (5) work days (48 hours for employees on a 56 hour
workweek) or demote an employee, the appointing authority shall cause to be
served personally or by certified mail on the employee, a Notice of Proposed Action,
which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds
upon which the action is based.
May 26, 2020 Contra Costa County Fire Protection District 182
C. If it is claimed that the employee has violated a rule or regulation of
the County or District, a copy of said rule shall be included with the
notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has
been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven
(7) days or during any extension, the right to respond is lost.
20.3 Leave Pending Employee Response. Pending response to a Notice
of Proposed Action within the first seven (7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence with pay.
20.4 Suspensions Without Pay. Suspensions without pay shall not
exceed thirty (30) consecutive days unless ordered by an arbitrator, an adjustment
board or the Merit Board.
20.5 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee
having permanent status in a position in the merit system, after having
complied with the Skelly requirements where applicable, the
appointing authority shall make an order in writing stating specifically
the causes for the action.
B. Service of Order. Said order of dismissal, suspension, or demotion
shall be filed with the Director of Human Resources showing by whom
and the date a copy was served upon the employee to be dismissed,
suspended or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effective
either upon personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order
of dismissal, suspension or demotion either to the Merit Board or
through the procedures of Section 21 Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Director of Human Resources within ten (10) calendar
days after service of said order. An employee may not both appeal to
the Merit Board and file a grievance under Section 21 of this
May 26, 2020 Contra Costa County Fire Protection District 183
Memorandum of Understanding.
SECTION 21 - GRIEVANCE PROCEDURE
21.1 Grievance Procedure. A grievance is any dispute which involves the
interpretation or application of any provision of this Memorandum of Understanding
(excluding, however, those provisions of this Memorandum of Understanding which
specifically provide that the decision of any County/District official shall be final, the
interpretation or application of those provisions not being subject to the grievance
procedure) or disciplinary actions. The Union may represent the employee at any
stage of the process. Grievances must be filed within fifteen (15) days of the incident
or occurrence about which the employee claims to have a grievance and shall be
processed in the following manner.
A. Step 1. Any employee or group of employees who believes a
provision of this Memorandum of Understanding has been
misinterpreted or misapplied to the employee's detriment shall discuss
the complaint on an informal basis with the employee's appropriate
chief officer who shall meet with the employee and respond to the
grievance within five (5) duty shifts, or ten (10) workdays in the case a
grievance filed by employees assigned to a forty (40) hour workweek,
of a request to hold such a meeting. Grievances challenging
suspensions, reductions in pay, demotions and terminations may be
filed at Step 3 within the timeframe set forth in Section 20.5.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above,
the employee may submit the grievance in writing within five (5)
calendar days to such management official, other than the chief officer
who participated in Step 1 above, as the Fire Chief may designate.
This formal written grievance shall state which provision of the
Memorandum of Understanding has been misinterpreted or
misapplied, how the misinterpretation or misapplication has affected
the employee to the employee's detriment, and the redress the
employee seeks. A copy of each written communication on a
grievance shall be filed with the Employee Relations Officer or his/her
designee. The designated management official shall have ten (10)
workdays in which to respond to the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above,
the employee may appeal in writing within five (5) workdays to the
Employee Relations Officer or his/her designee. The Employee
Relations Officer or his/her designee shall have fifteen (15) workdays
in which to investigate the merit of the complaint and to meet with the
Fire Chief or designee and the employee to attempt to settle the
grievance and to respond in writing to the employee and the
employee's Union representative.
D. Step 4. If a grievance is not satisfactorily resolved at Step 3, above,
May 26, 2020 Contra Costa County Fire Protection District 184
the union may file a written request to submit the grievance to the
Adjustment Board with the Employee Relations Officer or designee.
The request to submit the grievance to the Adjustment Board must be
filed by the union within five (5) calendar days of the written Step 3
response from the Employee Relations Officer or designee. No
grievance will be processed at this Step 4 which has not first been
filed and investigated in accordance with Step 3, above.
The Adjustment Board will be comprised of three (3) union
representatives and three (3) District representatives. Only one union
representative will be an employee of the District or a member of the
union presenting the grievance. Only one District representative will
be a District employee who is covered by this MOU or a County
employee or a member of the staff of an organization employed to
represent the District in the meet and confer process.
The Adjustment Board will hear the grievance within 60 days from
receipt of the written request to submit the grievance to an Adjustment
Board. The Adjustment Board will render a decision at the conclusion
of the hearing. If the Adjustment Board issues a majority decision, the
decision is final and binding on the parties. If the Adjustment Board is
deadlocked, the grievance may be appealed to Step 5 as described
below.
E. Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the employee (or the County/District, when alleging a
violation of Section 21.2 below) may require the grievance be referred
to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Employee Relations Officer
or his/her designee. Such request shall be submitted within ten (10)
calendar days of the rendering of the Adjustment Board decision to
the Employee Relations Officer or his/her designee (or the designated
representative of the Union when the County/District is alleging a
violation of Section 21.2 below). Within thirty (30) calendar days of
the request for arbitration, the parties shall mutually select an
arbitrator. The fees and expenses of the arbitrator and of the Court
Reporter shall be shared equally by the employee and the District.
Each party, however, shall bear the costs of its own presentation,
including preparation and post-hearing briefs, if any.
F. For the purposes of this Section 21 the term "workday" shall be
defined as any day except a Saturday, Sunday or holiday.
21.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the
extent permitted by law.
May 26, 2020 Contra Costa County Fire Protection District 185
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves
a position in a unit represented by the Union which has been certified
as the recognized employee organization for such unit and unless
such dispute falls within the definition of a grievance as set forth in
Section 21.1 above.
C. Proposals to add to or change this Memorandum of Understanding or
to change written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or terminate this
Memorandum of Understanding nor any matter or subject arising out
of or in connection with such proposals, may be referred to arbitration
under this Section. Neither any Adjustment Board nor any arbitrator
shall have the power to amend or modify this Memorandum of
Understanding or written agreements supplementary hereto or to
establish any new terms or conditions of employment.
D. If the Employee Relations Officer or his/her designee in pursuance of
the procedures outlined in Section 21.1(C) above, or the Adjustment
Board in pursuance of the provisions of Section 21.1(D) above,
resolve a grievance which involves suspension or discharge, they may
agree to payment for lost time or to reinstatement with or without
payment for lost time; but, in the event that the grievance is carried to
arbitration and such employee is found to have been properly
discharged under the provisions of Section 20, such employee may
not be ordered reinstated and no penalty may be assessed upon the
County/District.
21.3 Clarification on Time Limits of the Grievance Procedure. The time
limits and steps specified above may be waived by mutual agreement of the parties
to the grievance. If the District fails to meet the time limits specified in Steps 1
through 3 above, the grievance will automatically move to the next step. If a
grievant fails to meet the time limits specified in Steps 1 through 5 above, the
grievance will be deemed to have been settled and withdrawn.
21.4 Representation Outside of Union. An official, with whom a formal
grievance is filed by a grievant who is included in a unit represented by the Union,
but is not represented by the Union in the grievance, shall give the Union a copy of
the formal presentation.
21.5 Compensation Complaints. All complaints involving or concerning
the payment of compensation shall be initially filed in writing with the Employee
Relations Officer or his/her designee. Only complaints which allege that employees
are not being compensated in accordance with the provisions of this Memorandum
of Understanding shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not
detailed in the Memorandum of Understanding which results from such meeting and
conferring process, shall be deemed withdrawn until the meeting and conferring
process is next opened for such discussion. No adjustments shall be retroactive for
May 26, 2020 Contra Costa County Fire Protection District 186
more than six (6) months from the date upon which the complaint was filed. No
change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the District and the Union.
21.6 No Strike. During the term of this Memorandum of Understanding, the
Union, its members and representatives, agree that it and they will not engage in,
authorize, sanction or support any strike, slowdown, refusal to perform customary
duties, stoppage of work or sickout against the District.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises the employee's
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of the employee's duties is of
an emergency nature and/or failure to perform such duties might cause or aggravate
a danger to public health or safety.
21.7 Merit Board.
A. All grievances of employees in representation units represented by
the Union shall be processed under Section 21 unless the employee
elects to apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps (3), (4) or (5) of Subsection 21.1 above shall be
taken if action on the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is pending before the
Merit Board.
21.8 Grievance Filing. The Union may file a grievance at Step 3 on behalf
of affected employees when action by the County Administrator or the Board of
Supervisors violates a provision of this Memorandum of Understanding.
21.9 Letter of Reprimand. Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step 3. Letters of reprimand
shall be served personally or by certified mail on the affected employee. A copy of
the letter of reprimand shall be placed in the employee's official personnel file
maintained by the District.
SECTION 22 - RETIREMENT CONTRIBUTION
22.1 Payment of Employee Contributions. All employees are responsible
for the payment of one hundred percent (100%) of the employees’ basic retirement
benefit contributions determined annually by the Board of Retirement of the Contra
Costa County Employees’ Retirement Association (CCCERA) without the District
paying any part of the employees’ contribution. All employees are also responsible
for the payment of the employees' contributions to the retirement cost of living
May 26, 2020 Contra Costa County Fire Protection District 187
program as determined annually by the Board of Retirement, without the District
paying any part of the employees’ contributions. Except as provided in Section 22.4
(Safety Employees Retirement) subsection A, the District is responsible for one
hundred percent (100%) of the employer’s retirement contributions determined
annually by the Board of Retirement.
22.2 Retirement Benefit - Non-Safety Employees Who Became New
Members of CCCERA Before January 1, 2013 – Tier 1. For non-safety
employees who became members of CCCERA before January 1, 2013, the
retirement benefit shall be two percent (2%) at 55.
22.3 Retirement Benefit - Non-Safety Employees Who Become
Members of CCCERA on or After January 1, 2013.
A. For non-safety employees who, under the California Public Employees
Pension Reform Act (PEPRA), become members of CCCERA on or after
January 1, 2013, retirement benefits are governed by PEPRA (Chapters
296, 297, Statutes of 2012). To the extent this Agreement conflicts with
any provision of PEPRA, PEPRA governs.
B. For employees who, under PEPRA, become New Members of CCCERA,
on or after January 1, 2015, the cost of living adjustment to the retirement
allowance will not exceed two percent (2%) per year, and the cost of
living adjustment will be banked.
C. For employees who, under PEPRA, become New Members of CCCERA,
the disability provisions are the same as the current Tier III disability
provisions.
D. The District will seek legislation amending the County Employees
Retirement Law of 1937 to clarify that the current Tier III disability
provisions apply to District non-safety employees who, under PEPRA,
become New Members of CCCERA. The Union must support the
legislation, in addition to the District, by calling and sending a letter (on
Union letterhead) in support of the bill to the state legislator sponsoring
the bill, on or before the date specified by the District. In addition, if
requested by the District, the Union must testify in support of the bill
before the state legislative committees considering the bill.
22.4 Safety Employees Retirement.
A. Safety Employees Retirement – Tier A – Employees Who Became
Safety Members of CCCERA Before January 1, 2013.
1. For District employees who became safety members of
CCCERA before January 1, 2013, the retirement formula shall
be “3 percent at 50.” The cost of living adjustment (COLA) to
the retirement allowance shall not exceed three percent (3%)
per year. The employee’s final compensation shall be
May 26, 2020 Contra Costa County Fire Protection District 188
calculated based on a twelve (12) month salary average. This
retirement benefit is known as “Tier A.”
2. Effective January 1, 2015, each member in Tier A shall pay six
percent (6%) of his or her retirement base to pay part of the
employer’s contribution for the cost of the Tier A retirement
benefit.
3. Effective January 1, 2016, each member in Tier A shall pay
three percent (3%) of his or her retirement base to pay part of
the employer’s contribution for the cost of the Tier A retirement
benefit.
4. Effective January 1, 2017, the employee’s payment of three
percent (3%) of his/her retirement base to pay part of the
employer’s contribution for the cost of the Tier A benefit will
cease.
5. Tier A - Employees With More Than Thirty Years of Continuous
Service as Safety Members. Employees covered by this
agreement and designated by CCCERA as safety members
with credit for more than thirty (30) years of continuous service
as safety members, will not make payments from their
retirement base to pay part of the employer’s contribution for
the cost of Safety Tier A.
B. Employees Who Become Safety Members of CCCERA on or After
January 1, 2013.
1. For employees who become Safety Members of the Contra
Costa County Employee Retirement Association (CCCERA) on
or after January 1, 2013, retirement benefits are governed by
the California Public Employees Pension Reform Act (PEPRA),
(Chapters 296, 297, Statutes of 2012). To the extent this
Agreement conflicts with any provision of PEPRA, PEPRA
governs.
2. PEPRA Safety Option Plan Two (2.7% @ 57) applies to
employees who, under PEPRA, become Safety New Members
of CCCERA.
3. For employees who, under PEPRA, become Safety New
Members of CCCERA, on or after January 1, 2015, the cost of
living adjustment to the retirement allowance will not exceed
two percent (2%) per year, and the cost of living adjustment will
be banked.
4. Subsection A, subparts (1) through (4), above, applies to
employees who, under PEPRA, become reciprocal Safety
May 26, 2020 Contra Costa County Fire Protection District 189
Members of CCCERA in Tier A, as determined by CCCERA.
SECTION 23 - SAFETY
The District shall expend every effort to see to it that the work performed under the
terms and conditions of this Memorandum of Understanding is performed with
maximum degree of safety consistent with the requirement to conduct efficient
operations.
SECTION 24 – MILEAGE
Reimbursement for Use of Personal Vehicle. The mileage allowance for use of
personal vehicles on County business shall be paid according to the rates allowed
by the Internal Revenue Service and shall be adjusted to reflect changes in this rate
on the date it becomes effective or the first of the month following announcement of
the changed rate by the Internal Revenue Service, whichever is later.
Commuter Benefit Program. The District will offer employees the option of enrolling
in an employee-funded qualified transportation (commuter) benefit program
designed to qualify for tax savings under Section 132(f) of title 26 of the Internal
Revenue Code, but such savings are not guaranteed. The Commuter Benefit
Program will allow employees to set aside pre-tax dollars for qualified transportation
expenses to the extent and amount allowed by the Internal Revenue Service.
Employees are responsible for paying any account fees charged by the Commuter
Benefit administrator. The District does not manage or administer the Commuter
Benefit Program.
SECTION 25 – UNION NOTIFICATION
When it appears to the Fire Chief and/or Labor Relations Manager that the Board of
Supervisors may take action which will result in the layoff of employees in a unit
represented by the Union, the Labor Relations Manager shall notify the Union of the
possibility of such layoffs and shall meet and confer with it regarding the
implementation of the action.
The District agrees to give employees fourteen (14) calendar days notice of layoff
except in case of emergency.
SECTION 26 - UNIFORM ALLOWANCE
The monthly uniform allowance for all employees in represented classes for which a
uniform is required shall be $54.50/month.
May 26, 2020 Contra Costa County Fire Protection District 190
SECTION 27 – SAFETY OFFICER CERTIFICATION
Training Captains assigned to the Training Division will hold the designation of Fire
District Certified Safety Officer. Such certification will include taking and passing the
following courses: ICS 100, ICS 200, ICS 300 and S-404.
Safety Officers will be required to respond to emergencies during regular working
hours as well as after hours as necessary.
Safety Officers assigned to Off-Duty Standby will receive a pay differential equal to
2.5% of base pay.
Safety Officers will be provided vehicles in accordance with Personnel Bulletin 61.
SECTION 28 - CERTIFICATION REQUIREMENTS
1. Incumbents of the classifications of Firefighter, Fire Engineer, Fire
Captain, Fire Training Captain, Training Instructor and Senior Training
Instructor shall, at all times, possess current certification appropriate
for practice in Contra Costa County in Basic Life Support, Emergency
Medical Technician-1, and Hazardous Materials First Responder as a
condition of employment.
2. Incumbents of the classification of Fire Captain-Paramedic, Fire
Training Captain-Paramedic, Fire Engineer-Paramedic, Firefighter-
Paramedic, shall, at all times, possess current certification appropriate
for practice in Contra Costa County in Emergency Medical
Technician-Paramedic and Hazardous Materials First Responder as a
condition of employment.
3. The District will provide maintenance training to incumbent employees
to comply with the requirements of Sections 1 and 2 above.
4. Employees appointed into any of the foregoing classifications
(excepting movements between these classifications) shall obtain
these certifications within six (6) months of appointment as a condition
of employment. The District will provide initial certification training to
these employees.
5. The foregoing certifications shall be included in minimum
qualifications for the foregoing job classifications.
May 26, 2020 Contra Costa County Fire Protection District 191
SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS
The maximum number of continuous work hours for employees shall be limited to
ninety-six (96) work hours.
a. A break of twelve (12) or more hours is required to reset the continuous
work hour segment prior to reaching the 96-hour maximum.
b. An employee must have twenty-four (24) hours off after a ninety-six (96)
hour continuous work segment.
c. Exceptions may be made if any one of the following occur:
• Emergency activities require extended schedules
• Hold over for travel time
• Strike Team assignments
SECTION 30 - MINIMUM STAFFING
The Fire District shall meet annually with the bargaining unit prior to the adoption
of the annual budget to discuss staffing levels.
Fire station staffing within the District may be reduced below the scheduled level in
order to accommodate Fire District programs. Said levels of staffing may be
reduced by such events as the closure of a fire station. Should the management of
the District change its policies with regard to the minimum level of staffing, it will
inform the Union of such proposed changes and meet and confer with the Union
over the effect of such policy changes on workload and safety.
Provided that the District shall maintain a minimum staff on all engines and trucks of
three (3), the three shall be composed of: one (1) Fire Captain, one (1) Fire
Engineer, and one (1) Firefighter, of which at least one must be a Paramedic
classification. Additionally, Squads shall be staffed by a minimum of two personnel
to include one (1) Engineer and one (1) Firefighter, one of whom must be a
Paramedic classification. With the exception of Squad 70, the District shall reduce
two-person Squads before reducing three-person engines/trucks.
SECTION 30.1 – HAZARDOUS MATERIALS TEAM MINIMUM STAFFING
There shall be a minimum of six (6) Haz-Mat Specialists working at all times.
SECTION 30.2 – DOZER MINIMUM STAFFING
There shall be a minimum of one (1) operator designated to dozer staffing per shift
from June 1 through October 31 each year. Earlier season staffing and extensions
shall be made in two (2) week increments at the discretion of the Fire Chief as
conditions warrant.
May 26, 2020 Contra Costa County Fire Protection District 192
SECTION 30.3 – HELICOPTER MINIMUM STAFFING
There shall be a minimum of one (1) Fire Captain-Paramedic per shift assigned to
the REACH partnership helicopter(s).
SECTION 30.4 – TEMPORARY MODIFICATIONS TO MINIMUM STAFFING
Temporary increases to personnel on designated apparatus will be staffed as
minimum staffing positions but are contingent on grant funding or extension by the
Fire Chief.
SECTION 31 - COMMUNICATION CENTER
The District shall provide supervisor and dispatcher staffing to handle call and
processing, incident dispatching, training and vacation relief. For 24-hour shifts
described below, the District shall maintain staffing of five (5) dispatching personnel
per day shift, one (1) of these five (5) will be a Senior Fire District Dispatcher; and
four (4) dispatching personnel per night shift, one (1) of these four (4) will be a
Senior Fire District Dispatcher.
31.1 Twenty-Four Hour Schedule. Effective January 1, 2015, or as soon
as practical thereafter, center personnel will transition from the 48/96 schedule to
the Kelly schedule described in Section 8.1.E – Kelly Schedule. All 24-hour shifts
shall be based on the Kelly schedule. Center personnel hired prior to January 1,
2015, may remain on the 24-hour shift schedule.
31.2 Twelve Hour Schedule. Union agrees that effective January 1, 2016,
Fire District Dispatchers (REWA) and Senior Fire District Dispatchers (RETA) hired
after January 1, 2015, can be moved to twelve (12) hour shifts at the District’s
discretion. After the District establishes twelve (12) hour shifts, existing center
personnel hired prior to January 1, 2015, may request to transition to the twelve (12)
hour shift at their option; however, this transition shall be deemed permanent and
they may not revert back to the 24-hour shift.
31.3 Dispatcher Consolidation Re-opener. Union agrees to re-open the
contract to discuss the consolidation of County and Fire Dispatch operations.
SECTION 32 - EMPLOYEE REPRESENTATION RIGHTS
The District recognizes an employee’s right to representation during any disciplinary
interview or meeting which may result in discipline. The District will not interfere with
the representative’s right to assist an employee to clarify the facts during the
interview.
SECTION 33 - SERVICE AWARDS
The District shall continue its present policy with respect to service awards including
time off; provided, however, that the type of award given shall be at the sole
May 26, 2020 Contra Costa County Fire Protection District 193
discretion of the County.
SECTION 34 - DEFINITION (For Service Awards and Vacation Accruals)
The length of service credits of each employee of the County/District shall date from
the beginning of the last period of continuous County/District employment (including
temporary, provisional, and permanent status, and absences on approved leave of
absence). When an employee separates from a permanent position in good
standing and within two (2) years is reemployed in a permanent County/District
position or is reemployed in a permanent County/District position from a layoff list
within the period of layoff eligibility, service credits shall include all credits
accumulated at time of separation, but shall not include the period of separation.
The Director of Human Resources shall determine these matters based on the
employee status records in his department.
SECTION 35 - UNFAIR LABOR PRACTICE
Either the District/County or the Union may file an unfair labor practice as defined in
Board of Supervisors Resolution 81/1165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the parties within thirty (30)
work days from the date of receipt or said time as mutually agreed between the
parties, may be heard and decided by a mutually agreed upon impartial third party.
SECTION 36 - PAST PRACTICES & EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and past practices within the scope of
representation not specifically authorized by ordinance or by resolution of the Board
of Supervisors is not guaranteed by this Memorandum of Understanding. The
parties recognize, however, that certain practices exist by virtue of having been
acknowledged and accepted by the Fire Chief and representatives of the Union on
specific policies covering groups of employees. Any disagreement as to whether
such alleged practice within the scope of representation meets the criteria set forth
above shall be subject to the grievance procedure.
SECTION 37 - ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that an
Ordinance is required to implement any of the foregoing provisions, said provisions
shall become effective upon the first day of the month following thirty (30) days after
such Ordinance is adopted.
May 26, 2020 Contra Costa County Fire Protection District 194
SECTION 38 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
38.1 Scope of Agreement. Except as otherwise specifically provided
herein, this Memorandum of Understanding represents the full and complete
incorporation of those proposals which were considered and evaluated pursuant to
the meet and confer process. This Memorandum of Understanding constitutes the
entire and sole agreement between the Parties on any and all matters which were
presented during the meet and confer process. If a proposal was made by either
Party and not incorporated within this Agreement, then it was considered and
rejected. Any past side letters or any other agreements that are not incorporated
into or attached to this MOU are deemed expired upon approval of this MOU by the
Board of Supervisors.
The Union understands and agrees that the County and/or District is not obligated to
meet and confer regarding wages, hours or conditions of employment during the
term of this extended agreement, except as otherwise required by law.
38.2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding be declared illegal, unlawful or
unenforceable, by final judgment of a court of competent jurisdiction, such
invalidation of such section, clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain in full force and effect for
the duration of this Memorandum of Understanding.
38.3 Personnel Management Regulations. Where a specific provision
contained in a section of this Memorandum of Understanding conflicts with a specific
provision contained in a section of the Personnel Management Regulations, the
provision of this Memorandum of Understanding shall prevail. Those provisions of
the Personnel Management Regulations within the scope of representation which
are not in conflict with the provisions of this Memorandum of Understanding and
those provisions of the Personnel Management Regulations which are not within the
scope of representation shall be considered in full force and effect.
38.4 Duration of Agreement. This Agreement shall continue in full force
and effect from July 1, 2020 to and including June 30, 2023. Said Agreement shall
automatically renew from year to year thereafter unless either party gives written
notice to the other prior to sixty (60) days from the aforesaid termination date of its
intention to amend, modify or terminate the Agreement.
May 26, 2020 Contra Costa County Fire Protection District 195
IAFF, LOCAL 1230
ATTACHMENTS
A. CLASS & SALARY LISTING
B. MOU SECTIONS NOT SUBJECT TO GRIEVANCE
PROCEDURE
C. SAFER GRANT SIDE LETTER OF SEPTEMBER 18,
2018
D. SAFER GRANT SIDE LETTER OF SEPTEMBER 24,
2019
May 26, 2020 Contra Costa County Fire Protection District 196
IAFF, LOCAL 1230
CLASS AND SALARY LISTING
FIRE SUPRESSION PREVENTION UNIT (4N)
Effective July 1, 2020
ATTACHMENT A
Job Code Class Title
Flex Staff (F)
/ Deep Class
(D)From To
RPTC Fire Captain-40 Hour 8,581.55$ 11,500.09$
RPTA Fire Captain-56 Hour 8,581.55$ 11,500.09$
RPTF Fire Captain-Paramedic/40 Hour 9,439.70$ 12,650.10$
RPTH Fire Captain-Paramedic/56 Hour 9,439.70$ 12,650.10$
REWA*Fire District Dispatcher 6,220.31$ 8,335.81$
RPVD Fire Engineer/40 Hour F 7,612.63$ 10,201.64$
RPVC Fire Engineer/56 Hour F 7,612.62$ 10,201.63$
RPVE Fire Engineer-Paramedic/40 Hour F 8,373.90$ 11,221.81$
RPVF Fire Engineer-Paramedic/56 Hour F 8,373.88$ 11,221.79$
RJWJ*Fire Inspector I 6,462.35$ 8,660.16$
RJVB Fire Inspector II 8,404.95$ 11,263.44$
RJWG Fire Investigator 8,404.95$ 11,263.44$
RJWH Fire Investigator - 56 Hour F 8,404.95$ 11,263.44$
RPTD Fire Prevention Captain 8,581.55$ 11,500.09$
RJWC*Fire Prevention Technician 5,458.21$ 7,314.53$
RPTE Fire Training Captain 8,581.55$ 11,500.09$
RPTG Fire Training Captain-Paramedic 9,439.70$ 12,650.10$
RPWD*Firefighter-Recruit F 6,217.79$ 6,217.79$
RPWF Firefighter/40 Hour F 6,908.65$ 9,258.26$
RPWA Firefighter/56 Hour F 6,908.66$ 9,258.25$
RP7A*Firefighter-Paramedic Recruit F 7,526.83$ 90,321.90$
RPWE Firefighter-Paramedic/40 Hour F 7,597.56$ 10,181.46$
RPWB Firefighter-Paramedic/56 Hour F 7,597.58$ 10,181.46$
RETA*Sr Fire Dist Dispatcher-56 Hr 6,847.37$ 9,176.12$
* Non-Safety
Salary Range
Page 1 of 1
May 26, 2020 Contra Costa County Fire Protection District 197
Page 1 of 2
May 26, 2020 Contra Costa County Fire Protection District 198
Page 2 of 2
May 26, 2020 Contra Costa County Fire Protection District 199
ATTACHMENT CMay 26, 2020Contra Costa County Fire Protection District200
ATTACHMENT DMay 26, 2020Contra Costa County Fire Protection District201
IAFF LOCAL 1230
SUBJECT INDEX
Accrual of Sick Leave ........................................................................ 21
Acting in a Higher Class .................................................................... 13
Adjustment Board – Scope ................................................................ 46
Adoption ............................................................................................. 55
Advance Notice .................................................................................... 6
Aggregate Use for Spouses .............................................................. 28
Anniversary Dates ............................................................................... 9
Arbitration – Scope ............................................................................ 46
Assignment of Classes to Bargaining Units ........................................ 6
Attendance at Meetings ....................................................................... 8
Baby/Child Bonding .......................................................................... 22
Call-Back .......................................................................................... 17
CalPERS Health Plan Monthly Premium Subsidy ............................ 31
Cause for Dismissal, Suspension, Demotion & Reduction in Salary 42
Certification ........................................................................................ 28
Certification Requirements ................................................................ 52
Clarification on Time Limits of the Grievance Procedure .................. 47
Classes with Changed Probationary Periods .................................... 37
Coerced Resignations ....................................................................... 41
Communicating With Employees ........................................................ 4
Communication Center ...................................................................... 54
Compensation Complaints ................................................................ 47
Compensation for Portion of Month ................................................... 11
Constructive Resignation ................................................................... 41
Contra Costa Health Plan (CCHP) .................................................... 31
Days and Hours of Work ................................................................... 17
Death of a Family Member ................................................................ 22
Definition (For Service Awards and Vacation Accruals) ................... 55
Definition of Immediate Family .......................................................... 22
Definitions ............................................................................................ 2
Definitions (Days and Hours of Work) ............................................... 17
Definitions (Leave of Absence) ......................................................... 28
Dental Plan ........................................................................................ 32
Dependent Care Assistance Program ............................................... 36
Designated Workweek and Work Schedules .................................... 18
Dismissal, Suspension, Demotion and Reduction in Salary ............. 42
May 26, 2020 Contra Costa County Fire Protection District 202
Dispatcher Consolidation Re-Opener................................................ 54
District Dental Plan Premium Subsidy .............................................. 32
Dual Coverage ................................................................................... 35
Dues Deduction ................................................................................... 4
Duration (Probationary Period) .......................................................... 37
Duration of Agreement ...................................................................... 56
Effective Resignation ......................................................................... 41
Eligibility for Overtime ........................................................................ 16
Emergency Recall ............................................................................ 17
Employee Representation Rights ...................................................... 54
Entrance Salary ................................................................................... 9
Extended Coverage ........................................................................... 34
Family Care Leave or Medical Leave ................................................ 27
Fire Investigation Off-Duty Standby Differential ................................ 13
Fire Investigative Unit ........................................................................ 13
Fire Investigation Unit Staffing .......................................................... 13
Firefighter Recruit .............................................................................. 37
General Administration – Leaves of Absence ................................... 26
General Wages .................................................................................... 9
Grievance Filing ................................................................................. 48
Grievance Procedure ......................................................................... 45
Group Health Plan Coverage ............................................................ 29
Hazardous Materials Response Team Differential ........................... 15
Health and Welfare, Life and Dental Care ........................................ 31
Health Care Spending Account ......................................................... 36
Health Plan ........................................................................................ 31
Holidays ............................................................................................. 18
Holidays Falling on Saturday/Sunday ............................................... 20
Holidays Observed ............................................................................ 18
Increments Within Range .................................................................. 10
Intermittent Use of Leave .................................................................. 28
Layoff During Probation ..................................................................... 39
Layoff (Union Notification) ................................................................. 51
Leave of Absence .............................................................................. 26
Leave of Absence Replacement and Reinstatement ........................ 30
Leave Pending Employee Response ................................................ 44
Leave Without Pay ............................................................................ 26
May 26, 2020 Contra Costa County Fire Protection District 203
Leave Without Pay – Use of Accruals ............................................... 30
Letter of Reprimand ........................................................................... 48
Life Insurance .................................................................................... 36
Life Insurance Benefit Under Health and Dental Plans..................... 36
Life Insurance Contributions .............................................................. 34
List of Employees with Dues Deduction .............................................. 6
Maximum Continuous Work Hours .................................................... 53
Medical Appointments ....................................................................... 22
Medical Leave .................................................................................... 27
Merit Board ........................................................................................ 48
Mileage .............................................................................................. 51
Military Leave ..................................................................................... 27
Minimum Staffing ............................................................................... 53
Modification & Decertification .............................................................. 7
No Discrimination................................................................................. 7
No Strike ............................................................................................ 49
Official Representatives ....................................................................... 8
Overtime ............................................................................................ 16
Overtime Eligibility ............................................................................. 17
Overtime Recall List .......................................................................... 16
Part-Time Compensation ................................................................... 10
Past Practices & Existing Memoranda of Understanding ................. 55
Payment ............................................................................................. 13
Payment of Employee Contributions ................................................. 48
Pay Warrants ..................................................................................... 14
Pay Warrant Errors ............................................................................ 14
Performance Evaluation .................................................................... 10
Permanent Disability Sick Leave ....................................................... 21
Permanent Part-Time Employees ..................................................... 20
PERS Long Term Care ...................................................................... 36
Personnel Management Regulations (PMR’s) .................................. 56
Physical Examination as Part of Promotional Examination .............. 40
Position Reclassification .................................................................... 11
Prearranged Medical Appointments .................................................. 22
May 26, 2020 Contra Costa County Fire Protection District 204
Pregnancy Disability Leave ............................................................... 29
Premium Conversion Plan ................................................................. 37
Premium Payments ........................................................................... 34
Prevailing Section .............................................................................. 37
Probationary Period ........................................................................... 37
Probationary Period Time .................................................................. 37
Procedure on Dismissal, Suspension or Disciplinary Demotion ....... 44
Promotion .......................................................................................... 39
Promotion Policy ................................................................................ 39
Promotional Exam – Physical Exam ................................................. 40
Promotional Standing Requirements ................................................ 40
Promotion via Reclassification Without Examination ........................ 39
Rate Information ................................................................................ 33
Reclassification .................................................................................... 3
Recognition .......................................................................................... 4
Reduction in Salary ........................................................................... 42
Regular Appointment ......................................................................... 38
Reinstatement From Family Care/Medical Leave ............................. 30
Rejection During Probation ............................................................... 38
Rejection During Probation of Layoff Employee ............................... 39
Representation Outside of Union ...................................................... 47
Requirements for Promotional Standing ........................................... 40
Resignation in Good Standing ........................................................... 41
Resignations ...................................................................................... 41
Retirement Benefit – Non-Safety Employees Who Became
New Members of CCCERA Before January 1, 2013 – Tier 1 ........... 49
Retirement Benefit – Non-Safety Employees Who Become
Members of CCCERA on or After January 1, 2013 .......................... 50
Retirement Contribution ..................................................................... 48
Retirement Coverage ........................................................................ 35
Retirement Coverage (Medical and Dental) ...................................... 35
Revocation ......................................................................................... 41
Safety ................................................................................................. 51
Safety Employees Retirement ........................................................... 49
Safety Officer Certification ................................................................. 52
Salaries ................................................................................................ 9
Salary on Involuntary Demotion ........................................................ 12
Salary on Promotion .......................................................................... 12
Salary Reallocation and Salary on Reallocation ............................... 11
Salary Review While on Leave of Absence ...................................... 31
May 26, 2020 Contra Costa County Fire Protection District 205
Salary on Voluntary Demotion ........................................................... 12
Scope of Adjustment Board and Arbitration Decisions ..................... 46
Scope of Agreement .......................................................................... 56
Scope of Agreement & Separability of Provisions ............................ 56
Seniority Credits ................................................................................ 40
Separability of Provisions .................................................................. 56
Service Awards .................................................................................. 54
Sick Leave ......................................................................................... 21
Sick Leave Utilization for Pregnancy Disability ................................. 21
Skelly Requirements .......................................................................... 43
Strike .................................................................................................. 48
Suspension ........................................................................................ 42
Suspensions Without Pay.................................................................. 44
Temporary Staff Assignment Differential .......................................... 14
Time Reporting and Pay Practices Waiver ....................................... 19
Training and Prevention Differential .................................................. 14
Transfer Policy ................................................................................... 41
Twelve-Hour Schedule ...................................................................... 54
Twenty-Four Hour Schedule ............................................................. 54
Unauthorized Absence ...................................................................... 31
Unfair Labor Practice ......................................................................... 55
Uniform Allowance ............................................................................. 51
Union Notification (Layoff) ................................................................. 51
Union Recognition ............................................................................... 4
Union Representatives ........................................................................ 8
Union Security ..................................................................................... 4
Use of District Buildings ....................................................................... 5
Vacation Leave .................................................................................. 20
Vacation Leave on Reemployment from a Layoff List ...................... 20
Voluntary Vision Plan ........................................................................ 36
Workers’ Compensation .................................................................... 23
Workers’ Compensation & Continuing Pay for Non-Safety EE’s ...... 24
Workers’ Compensation – Safety ...................................................... 23
May 26, 2020 Contra Costa County Fire Protection District 206
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Fire Chief, or designee, to apply for and accept grant funding from the
U.S. Department of Homeland Security, Federal Emergency Management Agency, Assistance to
Firefighters Grants Program in an amount not to exceed $100,000 for the purchase of protective equipment
to respond to COVID-19.
FISCAL IMPACT:
The total grant application would be $100,000 with a 10% local agency cost sharing requirement. The
federal share of the grant would be $90,000 and the District’s share would be $10,000. The grant award
may be lower than the amount requested and will be for a period of one year from the effective date of
award.
BACKGROUND:
The Fiscal Year (FY) 2020 Assistance to Firefighters Grant Program – COVID-19 Supplemental (AFG-S)
is a supplemental funding opportunity under the Assistance to Firefighters Grant Program (AFG). AFG is
one of three grant programs that constitute the Department of Homeland Security (DHS) Federal
Emergency Management Agency’s (FEMA) focus on enhancing the safety of the public and firefighters
with respect to fire and fire-related hazards. The objectives of
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Mike Quesada, Assistant
Chief 925-941-3300
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.2
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:May 26, 2020
Contra
Costa
County
Subject:2020 Assistance to Firefighters Grant - COVID-19
May 26, 2020 Contra Costa County Fire Protection District 207
BACKGROUND: (CONT'D)
the AFG-S program are to provide critically needed resources that equip personnel to respond to the
COVID-19 public health emergency and support community resilience.
The Contra Costa County Fire Protection District plans to purchase masks, eye protection, gowns, gloves,
and hand sanitizer to help protect firefighters responding to incidents with possible COVID-19 exposure.
May 26, 2020 Contra Costa County Fire Protection District 208
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chair of the Board of Directors to execute and submit a comment letter
to the California Emergency Medical Services Authority on proposed amendments to California EMS
regulations.
FISCAL IMPACT:
There is no fiscal impact associated with drafting and submitting the correspondence to the EMS Authority.
BACKGROUND:
State law (the EMS Act) authorizes the California Emergency Medical Services Authority to adopt
regulations that apply to local EMS agencies throughout the state. On March 6, 2020, the EMS Authority
published proposed changes to these regulations, Chapter 13 of Division 9 of Title 22 of the California
Code of Regulations. Chapter 13 is commonly referred to as the “Emergency Medical Services System
Regulations.”
Many of the proposed regulations are problematic for the Fire Protection District as a 911 emergency
ambulance operator. In particular, the EMS Authority proposes a regulation to prohibit sub-contracting of
emergency ambulance
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover,
Director
Contact: Paul Reyes,
335-1096
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.4
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:May 26, 2020
Contra
Costa
County
Subject:Comment Letter to the California Emergency Medical Services Authority
May 26, 2020 Contra Costa County Fire Protection District 209
BACKGROUND: (CONT'D)
services. The Alliance model, the contractual relationship between the Contra Costa County Fire Protection
District and American Medical Response West (AMR) for the delivery of 911 emergency ambulance
service within Contra Costa County, would be directly and adversely affected by such a regulation if it were
adopted by the EMS Authority.
The public comment period on the proposed regulations closes on June 8, 2020, and all correspondence
related to this matter must be received by the EMS Authority no later than this date.
CONSEQUENCE OF NEGATIVE ACTION:
The Fire Protection District will not participate in the public rulemaking process.
May 26, 2020 Contra Costa County Fire Protection District 210
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a license agreement with the United
States of America, Department of the Navy, to use an approximately 80-acre portion of the former Concord
Naval Weapon Station (“Premises”) for public safety training purposes during the period March 22, 2020
through April 15, 2021.
FISCAL IMPACT:
No fiscal impact associated with approving this item.
BACKGROUND:
The United States of America, Department of the Navy (Navy), owns the Marine Ocean Terminal Concord
(MOTCO) administrative area on the former Concord Naval Weapons Station. The Contra Costa County
Fire Protection District (District) and other agencies have used an approximately 80-acre area (“Premises”)
of the MOTCO administration area for public safety training purposes. District personnel have trained at
this site for several years. In 2017 the District was awarded a Federal Emergency Management Agency
(FEMA) Grant to acquire and install a live burn prop at the MOTCO site. This training prop provides
valuable training to recruit academies as well as ongoing live fire training that is otherwise not available.
The license agreement requires the District to indemnify and hold the Navy harmless for the District’s
activities under the license. Risk Management has reviewed the indemnity and insurance requirements and
has confirmed that the requirements are acceptable. For these reasons, District staff recommend that the
Board approve the execution of the license agreement with the United States.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Aaron McAlister, Deputy
Chief (925) 383-5003
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.1
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:May 26, 2020
Contra
Costa
County
Subject:License Agreement with the U.S. Department of the Navy for Use of the Naval Weapons Station in Concord
May 26, 2020 Contra Costa County Fire Protection District 211
May 26, 2020 Contra Costa County Fire Protection District 212
BACKGROUND: (CONT'D)
CONSEQUENCE OF NEGATIVE ACTION:
The District will not be able to enter into an agreement with the Navy for use of the former Concord
Naval Weapon Station’s MOTCO facilities for public safety training.
ATTACHMENTS
License Agreement
May 26, 2020 Contra Costa County Fire Protection District 213
Version: 26 Nov 2013
LICENSE FOR NONFEDERAL USE OF DEPARTMENT OF THE NAVY REAL
PROPERTY
THIS LICENSE TO USE THE U.S. GOVERNMENT PROPERTY HEREIN DESCRIBED IS
ISSUED BY THE DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR
THE PURPOSE HEREIN SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH
BELOW AND IN THE ATTACHED GENERAL PROVISIONS. BY ITS EXECUTION, THE
LICENSEE AGREES TO COMPLY WITH ALL THOSE TERMS, CONDITIONS, AND
GENERAL PROVISIONS.
ALL CORRESPONDENCE MUST
REFERENCE:
1a. WORK ORDER NO: N/A
1b. FILE NO: N/A
1c. LICENSE (CONTRACT) NO:
N4769220RP20P13
2.PROPERTY LOCATION (Installation Name and Address)
Former Concord Naval Weapons Station
3.DATES COVERED
FROM: 22 March 2020
THROUGH: 15 Apr 2021
Provided Licensee has delivered the required
insurance certificates to the Licensor.
4. DESCRIPTION OF PREMISES (Room and building numbers where appropriate)
The Licensed Premises, as shown on Exhibit “A,” attached hereto and made a part hereof.
5. PURPOSE AND USE AUTHORIZED (Specific use, times and recurring/part-time basis, and land use controls)
To authorize the Licensee and its Sub-licensees use of the streets, buildings and structures within the Administration Area
to conduct public safety training.
6. LICENSOR
UNITED STATES OF AMERICA BY
THE SECRETARY OF THE NAVY
6a. NAVY LOCAL REPRESENTATIVE (Name, Title, Address, Telephone, Email)
BRAC Program Management Office West
33000 Nixie Way, Bldg 50 Attn: Erica Spinelli
San Diego, CA 92147 Email: erica.spinelli@navy.mil / (619) 524-5926
7. LICENSEE (Name, Address, Telephone Email)
Contra Costa County Fire Protection District
40 Muir Drive, 2nd Floor
Martinez, CA 94553
7a. LOCAL REPRESENTATIVE OF LICENSEE (Name, Title, Address,
Telephone, Email) Jessica L. Dillingham
jessica.dillingham@pw.cccounty.us / (925) 957-2453
8. CASH PAYMENT BY LICENSEE - DUE IN ADVANCE
a. AMOUNT (Each payment)
NONE
b. FREQUENCY
PAYMENTS DUE
c. FIRST DUE DATE d.SEND PAYMENT TO: (Name and Mailing Address)
9.EXHIBITS: The following are attached and incorporated into this License -
A. MAP OF LICENSED PREMISES
B.GENERAL PROVISIONS
10.EXECUTION OF LICENSE
FOR THE SECRETARY
OF THE NAVY
NAME:
AMY JO HILL
Real Estate Contracting Officer
SIGNATURE: DATE:
NAME, ADDRESS AND EMAIL OF NAVFAC REAL ESTATE POINT OF CONTACT:
Amy Jo Hill, BRAC, 33000 Nixie Way, Bldg 50, San Diego, CA 92147, amy.hill@navy.mil
LICENSEE
I represent that I am
authorized to bind
Licensee
NAME: SIGNATURE: DATE:
C.SPECIAL PROVISIONS
D.BURN SIMULATOR LOCATION & INFORMATION
E.BUILDING IA-12 - PROHIBITED ACCESS AREA
May 26, 2020 Contra Costa County Fire Protection District 214
-Licensed Premises
Exhibit A
N4769220RP20P13
May 26, 2020 Contra Costa County Fire Protection District 215
FILE NO: N/A
LICENSE (CONTRACT) NO: N4769220RP20P13
EXHIBIT “B”
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
(BRAC) Version: 7 Oct 2015
Page 1 of 4
1.USE OF AND ACCESS BY LICENSEE. The Licensor grants to the Licensee the right to use the premises or
facilities described in block 4 and Exhibit “A” (“Premises”), together with the necessary rights of ingress and egress
authorized by the Installation Commanding Officer. The Licensee and its invitees and contractors agree to absorb all
costs, including time and expense, associated with gaining access to the Installation under the RAPIDGATE or
similar program. Any parking that accompanies the use of, and any routes of access to and from, the Premises are
subject to change at the sole discretion of the Installation Commanding Officer.
2.TERM. This License shall be effective for the period stated in block 3 and is revocable at any time without notice
at the option and discretion of the Licensor or its authorized representative.
3.USE OF PREMISES. The use of the Premises shall be limited to the purposes specified in block 5, and no other.
4.ASSIGNMENT/TRANSFER OF RIGHTS. This License is neither assignable nor transferable by the Licensee.
This license does not grant exclusive use or control of the licensed premises and grants no interest in the real property
of the Licensor.
5.UTILITIES AND SERVICES. If utilities and services are furnished to the Premises, the Licensee agrees to
reimburse the Licensor for the cost as determined by the Licensor in accordance with applicable statutes and
regulations.
Reimbursement for Utilities and Services
Amount (Each Payment)
N/A
Frequency Payments
Due
N/A
First Due Date
N/A
To (Mailing Address)
N/A
Utilities / Services Furnished Are: None HVAC/ Steam Heat
Electricity Gas/Oil Water/Sewer Garbage/Refuse/Recycling
Telephone Internet Other:
6.PROTECTION AND MAINTENANCE OF PREMISES. The Licensee, at its own cost and expense, shall protect,
maintain, and keep the Premises under its control in good order. Licensee is responsible for repairing any damage to
the Premises caused by Licensee, or its agents, employees, contractors, guests or invitees.
7.IMPROVEMENTS AND RESTORATION. No additions to, or alterations of, the Premises shall be made without
the prior consent of the Licensor. Upon revocation or surrender of this License, to the extent directed by the Licensor,
the Licensee shall remove all alterations, additions, betterments and improvements made, or installed, and restore the
Premises to the same or as good condition as existed on the date of entry under this License, reasonable wear and tear
excepted.
8.INDEMNIFICATION.
a.The Licensee releases the Licensor and its employees from liability for death or injury to persons at the Premises.
b.The Licensee, to the extent allowed by law, agrees to release and hold the Licensor and its employees harmless
from, and to indemnify and defend them against, loss or damage to property caused by or arising from its use of the
Premises, regardless of any contributory fault of the Licensor.
c.The Licensee shall indemnify and save harmless the Licensor, its officers, agents, servants and employees from,
and defend it and them against, all liability under the Federal Tort Claims Act (28 U.S.C. §§ 2671 and 2680) or
otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting from its use of
the Premises.
May 26, 2020 Contra Costa County Fire Protection District 216
(BRAC) Version: 7 Oct 2015
Page 2 of 4
FILE NO: N/A
LICENSE (CONTRACT) NO: N4769220RP20P13
EXHIBIT “B”
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
d.The Licensee agrees that the Licensor, its officers, agents and employees shall be released from all liability on all
suits, claims, actions or demands in any way related to or arising under the Licensee’s use of the property. This release
includes, but is not limited to, all environmental suits, claims, and enforcement actions, whether arising during
the Licensee’s construction on or use of the property, or after such use has ended.
9.INSURANCE. The Licensee shall procure and keep continuously in effect during the term of this License the
insurance required as follows on terms and conditions satisfactory to the Licensor, with an insurer whose rating is
acceptable to the Licensor.
Insurance Required from Licensee
(If any or all insurance requirements have been waived, enter “None” as appropriate)
Type Amount (Per
Occurrence)
Type Amount (Per State Law)
Commercial General Liability
(Occurrence Policy Only)
Bodily Injury (Single Limit)
Property Damage
Fire/Legal Liability
Deductible
$2,000,000
$3,000,000
$2,000,000
$2,000,000
N/A
Worker’s Compensation
•Licensor shall be named as additional insured.
•The insurer must be authorized to write insurance in the state where the Premises is located.
•Proceeds of policies shall be made payable to “Treasurer of the United States”.
•Each policy of insurance covering bodily injuries and third party property damage shall contain an
endorsement waiving the insurer’s right of subrogation against the United States of America.
•No cancellation, reduction in amount, or material change in coverage shall be effective until at least sixty (60)
days after receipt by the Licensor of written notice.
•Notwithstanding the foregoing, any cancellation of insurance coverage based on nonpayment of the premium
shall be effective only upon thirty (30) days’ written notice to the Licensor.
•The Licensee shall provide proof of insurance to the Licensor throughout the term of this License.
The Licensee will not be allowed entry on the Premises until it first delivers a certificate or certificates of required
insurance to the Licensor.
10.DAMAGE TO THE PREMISES.
a.In the event of damage, including damage by contamination, to any Government property by the Licensee, its
officers, agents, servants, employees, or invitees, the Licensee, at the election of the Licensor, shall promptly repair,
replace, or make monetary compensation for the repair or replacement of that property to the satisfaction of the
Licensor. That obligation includes any damage discovered from the physical condition and environmental condition
inspections notwithstanding the expiration or earlier termination or revocation of this License.
b.In the event that any item or part of the Premises shall require repair, rebuilding or replacement (collectively,
“repair”) resulting from loss or damage, the risk of which is assumed under this License, the Licensee shall promptly
give notice to the Licensor and, to the extent of its liability as provided in this paragraph, shall either compensate the
Licensor for any loss or damage within thirty (30) days of receipt of a statement, or repair the lost or damaged item or
items of the Premises, as the Licensor may elect. If the cost of repair exceeds the liability of the Licensee for any loss
or damage, the Licensee shall effect the repair if required to do so by the Licensor, and the excess of cost shall be
reimbursed to the Licensee by the Licensor within thirty (30) days of receipt of a statement provided that
appropriations are available for that purpose. In the event the Licensee shall have effected any repair that the
Licensee is required to effect, the Licensor shall direct payment to the Licensee of so much of the proceeds of any
May 26, 2020 Contra Costa County Fire Protection District 217
(BRAC) Version: 7 Oct 2015
Page 3 of 4
FILE NO: N/A
LICENSE (CONTRACT) NO: N4769220RP20P13
EXHIBIT “B”
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
insurance carried by the Licensee and made available to the Licensor on account of loss of or damage to any item or
part of the Premises that may be necessary to enable the Licensee to effect the repair. In the event the Licensee shall
not have been required to effect the repair, and the insurance proceeds allocable to the loss or damage that has created
the need for the repair have been paid to the Licensee, the Licensee shall promptly refund to the Licensor the amount
of the proceeds.
11.OFFICIALS NOT TO BENEFIT. No member of, or Delegate to Congress, or Resident Commissioner shall be
admitted to any share or part of this License or to any benefit that may arise from it; but this provision shall not be
construed to extend to this License if made with a corporation for its general benefit.
12.COVENANT AGAINST CONTINGENT FEES. The Licensee warrants that it has not employed any person to
solicit or obtain this License upon any agreement for a commission, percentage, brokerage or contingent fee. Breach
of this warranty shall give the Licensor the right to annul this License or in its discretion to recover from the Licensee
the amount of that commission, percentage, brokerage or contingent fee in addition to the consideration for this
license. This warranty shall not apply to commissions payable by the Licensee upon contracts or sales obtained or
made through bona fide established commercial or selling agencies maintained by the Licensee for the purpose of
acquiring business.
13.NON-DISCRIMINATION. In connection with the performance of work under this License, the Licensee agrees
not to discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual
orientation, gender identity, or national origin. Non-discrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Licensee agrees to post
in conspicuous places available for employees and applicants for employment, notices to be provided by the Licensor
setting forth the provisions of the nondiscrimination clause. The Licensee further agrees to insert the foregoing
provision in all subcontracts for work under this License, except subcontracts for standard commercial supplies or raw
materials.
14.APPLICABLE RULES AND REGULATIONS.
a.All activities authorized under this License shall be subject to rules and regulations regarding supervision or
otherwise, that may, from time to time, be prescribed by the local representative of the Licensor.
b.Upon request, the Licensee shall submit to the Licensor evidence of compliance with local, state, and Federal
environmental laws and regulations.
15.FEDERAL FUNDS. This License does not obligate the Licensor to expend any appropriated funds. Nothing in this
License is intended or should be interpreted to require any obligation or expenditure of funds in violation of the Anti-
Deficiency Act (31 U.S.C. § 1341).
16.STORAGE OF TOXIC OR HAZARDOUS CHEMICALS. Storage, treatment, or disposal of toxic or hazardous
materials on the Premises is prohibited except as authorized by the Licensor in accordance with 10 U.S.C. § 2692.
Any hazardous materials that the Licensor authorizes the storage, treatment, or disposal of in connection with the
use of the Premises shall be identified on a Hazardous Materials List and made a part of this License. Any such
approved storage, treatment, or disposal of toxic or hazardous material by Licensee on the Premises shall be strictly
limited to that material required or generated in connection with the authorized and compatible use of the Premises and
shall be conducted in a manner consistent with the best interest of national defense as determined by the Secretary of the
Navy and applicable law and regulations. As and to the extent caused by or attributable to the Licensee, Licensee shall
have continued financial and environmental responsibility or liability for any and all direct or indirect consequences of
the storage, treatment, or disposal of toxic or hazardous material within the Premises. Licensee will manage, control
and dispose of its hazardous waste and hazardous materials in accordance with Federal, state, and local laws. In
addition, Licensee shall implement the environmental requirements of applicable facility plans including but not
limited to Spill Plans, Emergency Response Plans, and Hazardous Waste Management Plans. In the event the
May 26, 2020 Contra Costa County Fire Protection District 218
(BRAC) Version: 7 Oct 2015
Page 4 of 4
FILE NO: N/A
LICENSE (CONTRACT) NO: N4769220RP20P13
EXHIBIT “B”
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
Licensor approves the storage, treatment, or disposal of toxic or hazardous materials, the Licensee shall obtain
insurance or post a bond in an amount sufficient to cover possible cleanup costs.
17.ENVIRONMENTAL CONDITION OF PREMISES. Exhibit “C”, Environmental Condition of Property, sets
forth the existing environmental condition of the Premises as represented by a baseline survey conducted by the
Licensor.
Licensee is hereby made aware of the notifications contained in Exhibit “C” and shall comply with all restrictions set
forth therein.
18. JOINT INSPECTION AND INVENTORY REPORT (NON-ENVIRONMENTAL). A Joint Inspection and
Inventory Report (JIIR) has been conducted by representatives of the Licensor and the Licensee documenting the
condition of the Premises. The report is attached to this License and made a part hereof as Exhibit “D”. The
Premises shall be delivered to the Licensee on an "As Is, Where Is" basis, and, as such, Licensor makes no warranty
relative to the Premises as to its usability generally or as to its fitness for any particular purpose. Any safety and/or
health hazards identified and listed as such in the JIIR shall be corrected at the Licensee’s expense prior to use and
occupancy of the relevant portion of the Premises. Such safety and/or health hazards shall be limited to those
identified in the JIIR. In the event this License is terminated and the parties have not agreed to enter into a new
License, or another agreement, Licensee shall return the Premises to the Licensor in the same condition in which it
was received, reasonable wear and tear and Acts of God excepted. Licensee may, at its expense and with prior
written approval of the Licensor: (a) replace any personal property with personal property of like kind and utility, (b)
replace any personal property in a good and workmanlike manner, and (c) dispose of any worn out, obsolete or non-
functioning personal property, in accordance with applicable laws and regulations. Licensor shall not unreasonably
withhold or delay granting its approval to Licensee’s request for such actions.
19.ADMINISTRATIVE COSTS. At the termination or expiration of this License, at the Licensor’s discretion, Licensee
shall be responsible for administrative costs associated with completing a final inspection of the premises and updating
the Environmental Condition of Property.
20.NOTICES. Correspondence concerning this License shall be provided to both the Local Representative identified in
Block 6a. and the Real Estate Contracting Officer identified in Block 10.
21.STATEMENT OF COMPLIANCE. Pursuant 10 U.S.C. § 2662:
a.This license is not subject to the requirements of this section; or,
b.This license is subject to the requirements of this section and said requirements have been met.
22.ADDITIONS, MODIFICATIONS AND DELETIONS. Prior to the execution of this License, the following
provisions were added, modified or deleted:
Provisions 1, 17, 18, 19 and 21b have been deleted and or modified.
May 26, 2020 Contra Costa County Fire Protection District 219
N4769220RP20P13
1
Exhibit “C”
Special Provisions
a.Licensee understands they have non-exclusive use of the Licensed Premises and
must coordinate usage with all other licensed entities.
Licensee shall maintain and communicate a monthly training schedule to the Contra
Costa County Sheriff POC below. This schedule shall indicate the type of
training involved and estimate number of personnel that will attend the training event.
The Contra Costa County Sheriff, as the primary lead for training coordination, is the
first entity to seek to de-conflict training events. Licensee understands that the
Licensor sees the monthly schedule provided by the Sheriff's Office as the agreed
upon schedule between the Fire District, Sheriff Office and the City of Concord.
Navy Notification POCs:
Erica Spinelli– (619) 524-5926, erica.spinelli@navy.mil
CSO - Glen Nelson– (415) 743-4703, (510) 224-0566, glen.nelson.ctr@navy.mil
b.No overnight occupancy is permitted.
c.Licensee shall ensure that the Licensed Premises will be clean of debris and trash at the
end of the use of the Licensed Premises, to the satisfaction of the Government, and will
keep the Licensed Premises clean and orderly on a daily basis.
Non-compliance with this provision may be the basis for License termination or revocation
of future request.
d.No fueling will be authorized within the Licensed Premises.
e.Sublicensing is authorized. See Special Provision "z" for Sublicensing requirements.
f.
g.
h.
Megan Benveniste - (925) 646-4461, Mbenv001@so.cccounty.us
MOTCO Notification POC:
Glen Nelson– (415) 743-4703, (510) 224-0566, glen.nelson.ctr@navy.mil
City of Concord Notification POC:
Pamela Laperchia– (925) 671-3001, pamela.laperchia@cityofconcord.org
Contra Costa County Sheriff POC:
Licensee will not block the Licensor, its contractors or other Licensees from the Licensed
Premises.
Unless specifically authorized in Section 5 of Page 1 of the License, all vehicles traversing
the property will remain on paved roads on the Licensed Premises.
Government shall have no responsibility for the protection and safeguarding of any
personal vehicles or any other personal property brought onto Concord Naval Weapons
Station, in connection with this License.
May 26, 2020 Contra Costa County Fire Protection District 220
N4769220RP20P13
2
i.Signage, other than directional signs, is prohibited. Directional signs must be
freestanding or located on existing poles and must be removed after the conclusion of
the License term.
j.Licensee may not conduct operations that would interfere or otherwise restrict
environmental cleanup or restoration actions by the Government, the US EPA, State
environmental regulators, or their contractors. In the event of any conflict,
environmental cleanup, restoration, or testing activities by these parties shall take
priority over Licensee’s use of the Licensed Premises.
k.Government’s rights under this License specifically include the right for Government
officials to inspect, upon reasonable notice, the Licensed Premises for compliance with
environmental, safety, and occupational health laws and regulations, whether or not
the Government is responsible for enforcing them. Such inspections shall not interfere
with Licensee’s activities unless immediate entry is required for safety or security
reasons or in the event of an emergency. Such inspections are without prejudice to
the right of duly constituted enforcement officials to make such inspections. Licensee
shall have no claim on account of any entries against the United States or any officer,
agent, employee, contractor or subcontractor thereof.
l.Licensee shall not use groundwater and shall not disturb or cause to be disturbed
Government groundwater monitoring wells and equipment. Licensee shall not conduct
any subsurface excavation, digging, drilling, or other disturbance of the surface at the
Licensed Premises.
m.Access to Installation Restoration Program sites, Military Munitions Response
Program sites, wetlands, archeological sites, areas with archeological potential, areas
that support Federally listed endangered/threatened species, areas utilized by other
Federal or DoD entities, and areas utilized by other licensees, lessees, or other
agreements are prohibited.
n.In the event that archaeological materials (e.g., shell, wood, bone, or stone artifacts) or
human remains are found or suspected during operations, the Licensee shall stop
training in the area of the discovery, secure the site, and notify the Government as
soon as practicable, but no longer than 24 hours after the discovery. The Licensee
shall not proceed with training until the Government has the opportunity to evaluate
the find, and the Government gives the Licensee direction to resume training.
o.Licensee will at all times during the use of this License promptly observe and comply,
at its sole cost and expense, with the provisions of all applicable Federal, State, and
local laws, regulations, and standards concerning environmental quality and pollution
control and abatement. Licensee covenants that it will not generate, use, or store
hazardous substances or hazardous waste on the Licensed Premises. Licensee shall
promptly notify the Government and supply copies of any notices, reports,
correspondence, and submissions made by Licensee to any Federal, State, or local
authority, or received by Licensee from said authority, concerning environmental
May 26, 2020 Contra Costa County Fire Protection District 221
N4769220RP20P13
3
matters or hazardous substances or hazardous waste on, about, or pertaining to the
Licensed Premises.
p.No notice, order, direction, determination, requirement, consent or approval under this
License shall be of any affect unless it is in writing and signed by the Parties to this
License.
q.Still photography or filming is prohibited unless otherwise requested in writing by the
Licensee and permission is authorized in writing by the Government, and only with
strict observation of any additional precaution or procedure the Government may
specify.
r.Licensee is responsible for ensuring that the buildings are properly secure upon
leaving the Licensed Premises each day during the term of the License. Licensee shall
be required to pay for the repair or replacement of any structural damage (e.g.,
windows, walls, doors, floors) to the Licensed Premises caused from the training or
vandalism.
s.No hazardous materials or explosives are authorized within the Licensed Premises.
No chemicals, pyrotechnics, flame, heat, smoke, paint, etc., will be utilized by the
Licensee. No smoking is permitted within the Licensed Premises. All training will
be simulated and no chemical hardware devices will be utilized.
LIVE MUNITION TRAINING IS STRICTLY PROHIBITED.
t.Notification is hereby given that the buildings authorized for use for training purposes
at the former Concord Naval Weapons Station may contain asbestos. Your agency’s
Industrial Hygiene Specialist may coordinate access to verify the presence of friable
asbestos. All posted signs stating limited or prohibited access due to asbestos must be
followed. Information regarding asbestos is hereby attached as Attachment “A” to these
Special Provisions (Fact Sheet July 2003; “What is Asbestos?” – 3 pages) and made
part of this License agreement with the Department of the Navy. If you have any
questions, please call the CSO (as cited in paragraph a. of these Special Provisions).
u.The Licensed Premises are delivered to the Licensee "AS IS, WHERE IS", and, as
such, the Government makes no warranty as to such facilities and property either as to
their usability generally or as to their fitness for any particular purpose. At the
termination of this License, Licensee shall turn over to the Government the Licensed
Premises in the same, or as good a condition in which they were received, reasonable
wear and tear excepted.
v.Notice is hereby given that the Government is no longer maintaining the property at
the level of an operational Navy base and safety hazards may be present. The Navy
has not inspected the building and Licensee assumes any and all risk from its use.
May 26, 2020 Contra Costa County Fire Protection District 222
N4769220RP20P13
4
x.LICENSEE ACKNOWLEDGES THAT LICENSEE AND ITS INVITEES ARE ENTERING
THE LICENSED PREMISES AT THEIR OWN RISK AND LICENSEE EXPRESSLY
INDEMNIFIES AND HOLDS THE LICENSOR HARMLESS FOR ANY DAMAGE OR HARM
TO LICENSEE AND ITS INVITEES RESULTING FROM USE OF THE LICENSED
PREMISES. LICENSEE ACKNOWLEDGES THAT IT HAS PROVIDED EACH INVITEE
WITH A COMPLETE COPY OF THIS LICENSE AND HAS PERSONALLY ADVISED EACH
INVITEE OF THE RISKS ASSOCIATED WITH USE OF THE LICENSED PREMISES,
INCLUDING BUT NOT LIMITED TO THOSE RISKS RELATED TO CONTACT WITH
UNEXPLODED ORDNANCE. SHOULD THE LICENSEE ENCOUNTER ANY METALLIC
OBJECTS, IT SHALL IMMEDIATELY CEASE ALL ACTIVITY AND CONTACT THE CSO
POINT OF CONTACT.
y.Law enforcement agencies that use canine units during their training must pick up dog
waste and dispose in a proper manner upon leaving the Licensed Premises.
z.Licensee may sublicense to entities without Government approval on the basis that allLicense terms and conditions will be provided to Sublicensee. Licensee shall beresponsible for retaining documentation (sublicense, permits, etc.) related to Sublicenseeuse. Sublicensees shall be provided a copy of the entire License, including Asbestos factsheet (Attachment "A").
aa. Licensee acknowledges that planned training events may be cancelled at the request of
the Licensor for reasons including but not limited to public events, access requests in
support of the Navy environmental program, Navy response actions, etc.
bb. Licensee accepts responsibility for the disposal and cleanup of any hazardous materials generated by the burn simulator and/or training. Licensee will ensure parcel is cleaned of all hazardous materials at time of transfer. If Licensee has any questions regarding what is authorized to be used onsite, please contact CSO and Navy Representative prior to activity.
cc.Fire Training Equipment (Hazardous Substance Exclusion) Licensee shall be
authorized to use its personal equipment (fire box training simulator) on the Licensed
Premises on the basis that Licensee shall have obtained any and all necessaryapprovals to comply with local, state, and federal air emission regulations. Licenseeshall retain a copy of all BAAQMD approvals granted in connection with its use of thepremises. Licensee shall provide copies to the Licensor upon request. Licensee isprohibited from using per-and polyfluoroalkyl substances (PFAS) containingmaterials such as aqueous film-forming foam (AFFF).
dd. In order to alleviate public concerns of an actual fire, Licensee shall operate
equipment away from City of Concord Golf Course and as far away from Highway 4
as possible.
ee. In order to assist the City of Concord in handling concerned resident phone calls, LICENSEE SHALL PROVIDE NO LESS THAN 48 HOUR NOTICE TO THE CITY OF CONCORD POC WHEN LICENSEE INTENDS TO USE FIRE TRAINING EQUIPMENT.
May 26, 2020 Contra Costa County Fire Protection District 223
__________________________
Licensee
_______________________
Date
5
N4769220RP20P13
ff. Licensee is authorized to operate a burn simulator within the Licensed Premises as shown
in Exhibit "D". The burn simulator is a series of sea containers attached together on the
proposed asphalt parking lot area by the locomotive shop, as shown in Exhibit "D". The
Licensee shall comply with all local, state and federal laws and regulations for the
operation of the new and existing burn simulators.
gg. Licensee acknowledges that one building (IA-7) within the Licensed Premises has been
Licensed to the City of Concord for use by its sublicensee for storage of vehicles
and is hereby excluded from this License and is not a component of the Licensed
Premises. Licensee shall not conduct training activities directly adjacent to IA-7 and shall
not block or hinder the City of Concord (and its assigns) from entering IA-7.
Licensee shall provide written evidence of such self-insurance to Licensor, and shall
include the Licensor as additional insured under such self-insurance coverage as
described in General Provision 9. If Licensee does not self-insure, then, during the entire
term of this Agreement, Licensee shall provide and maintain, in full force and effect at all
times, insurance policies meeting the requirements described in General Provision 9,
unless otherwise expressed in writing by the Licensor.
ll.In the event of conflict with the General Provisions of the License, the Special
shall prevail and override the General Provisions.
LICENSEE ACKNOWLEDGMENT:
hh. Licensee is prohibited from accessing government owned remediation equipment
stored in an enclosure adjacent to building IA-12 as shown in Exhibit "E."
ii.Licensee prohibited from vehicle use within the area, depicted in Exhibit "E" due to
remediation equipment (SVE) in the ground.
jj. The failure of Licensor to enforce any provision of this License shall not be construed as
waiver of that or any other provision herein.
kk. Licensee shall have the right to self-insure. In the event that Licensee does self-insure,
May 26, 2020 Contra Costa County Fire Protection District 224
Burn Simulator
Location
Exhibit "D"
Burn Simulator
N4769220RP20P13
May 26, 2020 Contra Costa County Fire Protection District 225
Exhibit "D"
Burn Simulator
N4769220RP20P13
May 26, 2020 Contra Costa County Fire Protection District 226
Exhibit "E"Building IA-12 - Prohibited Access AreaN4769220RP20P13May 26, 2020Contra Costa County Fire Protection District227
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Fire Chief, to execute a purchase
order with TriTech Software Systems, in an amount not to exceed $240,000, for the continued annual
maintenance of the Contra Costa County Fire Protection District's 911 Computer Aided Dispatch system for
the period May 1, 2020, through April 30, 2021.
FISCAL IMPACT:
Budgeted; 100% CCCFPD EMS Transport Fund
BACKGROUND:
The Contra Costa Regional Fire Communications Center provides emergency medical, fire, and rescue
dispatch services for the Contra Costa County Fire Protection District (District) and six other neighboring
agencies within Contra Costa County using a 911 CAD system. The District's 911 CAD system provider is
TriTech Software Systems. The District entered into a Software Support Agreement with TriTech Software
Systems on February 3, 2004. This purchase order allows the District to make a payment to Tritech, in
accordance with the Software Support Agreement, for the cost of software support, maintenance, and
upgrades for the 911 CAD system for the period May 1, 2020, through April 30, 2021.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/26/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, Director
Candace Andersen,
Director
Diane Burgis, Director
Karen Mitchoff, Director
Federal D. Glover, Director
Contact: Ken Crawley, IS Manager
925-941-3300 x1310
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: May 26, 2020
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.3
To:Contra Costa County Fire Protection District Board of Directors
From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District
Date:May 26, 2020
Contra
Costa
County
Subject:Purchase Order with TriTech Software Systems for Computer Aided Dispatch (CAD) System
May 26, 2020 Contra Costa County Fire Protection District 228
CONSEQUENCE OF NEGATIVE ACTION:
The District will not continue to receive support, maintenance, and upgrades for this mission critical system.
May 26, 2020 Contra Costa County Fire Protection District 229