HomeMy WebLinkAboutMINUTES - 08252023 - BOS Completed Min PktCALENDAR FOR THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD
BOARD CHAMBERS, ADMINISTRATION BUILDING, 1025 ESCOBAR STREET
MARTINEZ, CALIFORNIA 94553-1229
JOHN GIOIA, CHAIR, 1ST DISTRICT
FEDERAL D. GLOVER, VICE CHAIR, 5TH DISTRICT
CANDACE ANDERSEN, 2ND DISTRICT
DIANE BURGIS, 3RD DISTRICT
KEN CARLSON, 4TH DISTRICT
MONICA NINO, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON
THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES.
A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR.
The Board meeting will be accessible in-person, via television, and via live-streaming to all members of the public.
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 on the agenda may comment in
person or may call in during the meeting by dialing 888-278-0254 followed by the access code 843298#. A caller should
indicate they wish to speak on an agenda item, by pushing "#2" on their phone. Access via Zoom is also available using the
following link: https://cccounty-us.zoom.us/j/87344719204 . Those participating via Zoom should indicate they wish to speak on
an agenda item by using the “raise your hand” feature in the Zoom app. To provide contact information, please contact Clerk of
the Board at clerkoftheboard@cob.cccounty.us or call 925-655-2000.
Meetings of the Board are closed-captioned in real time. Public comment generally will be limited to two minutes. Your
patience is appreciated. A Spanish language interpreter is available to assist Spanish-speaking callers.
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 online at www.contracosta.ca.gov.
ANNOTATED AGENDA & MINUTES
August 25, 2023
9:30 A.M. Convene and Call to Order
Present: District I Supervisor John Gioia; District II Supervisor Candace Andersen; District III
Supervisor Diane Burgis; District IV Supervisor Ken Carlson; District V Supervisor Federal D.
Glover
Staff Present:Monica Nino, County Administrator
D.1 Public Comment
There were no requests to speak at public comment.
D.2 CONSIDER adopting Resolution No. 2023/410 approving the Memorandum of Understanding between the
Contra Costa County Fire Protection District and the International Association of Firefighters, Local 1230,
for the period of July 1, 2023 through June 30, 2027. (David Sanford, Chief of Labor Relations).
Speakers: Vincent Wells, President Local 1230; Bob Campbell, Auditor-Controller.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor
Diane Burgis, District IV Supervisor Ken Carlson, District V Supervisor Federal D. Glover
D.3 CONSIDER adopting Resolution No. 2023/411 approving the Memorandum of Understanding between the
Contra Costa County Fire Protection District and the United Chief Officers Association (UCOA) for the
period of July 1, 2023 through June 30, 2027. (David Sanford, Chief of Labor Relations)
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor
Diane Burgis, District IV Supervisor Ken Carlson, District V Supervisor Federal D. Glover
ADJOURN
Adjourned today's meeting at 9:48 a.m.
GENERAL INFORMATION
The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402.
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 Supervisors less than 96 hours prior to that meeting are available for public
inspection at 1025 Escobar Street, First Floor, Martinez, CA 94553, during normal business hours.
All matters listed under CONSENT ITEMS are considered by the Board 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 before the Board votes on the motion to
adopt. Each member of the public will be allowed two minutes to comment on the entire consent agenda.
Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for public testimony.
Each speaker during public testimony will be limited to two minutes. After public testimony, 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 Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 1025 Escobar
Street, First Floor, Martinez, CA 94553 or to clerkoftheboard@cob.cccounty.us.
Time limits for public speakers may be adjusted at the discretion of the Chair.
The County 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) 655-2000.
Anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda may contact the Office of the
County Administrator or Office of the Clerk of the Board, 1025 Escobar Street, Martinez, California.
Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000 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.contracosta.ca.gov
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code section 84308, members of the Board of Supervisors are disqualified and not able to participate
in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises,
discretionary land use permits and other entitlements if the Board member received, since January 1, 2023, more than $250 in
campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested
participant who actively supports or opposes the County’s decision on the agenda item. Members of the Board of Supervisors
who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250
to a Board member since January 1, 2023, are required to disclose that fact for the official record of the subject proceeding.
Disclosures must include the amount of the campaign contribution and identify the recipient Board member, and may be made
either in writing to the Clerk of the Board of Supervisors before the subject hearing or by verbal disclosure at the time of the
hearing.
STANDING COMMITTEES
The Airport Committee (Supervisors Karen Mitchoff and Diane Burgis) meets quarterly on the second Wednesday of the
month at 11:00 a.m. at the Director of Airports Office, 550 Sally Ride Drive, Concord.
The Family and Human Services Committee (Supervisors John Gioia and Candace Andersen) meets on the fourth Monday of
the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez.
The Finance Committee (Supervisors John Gioia and Karen Mitchoff) meets on the first Monday of the month at 9:00 a.m. in
Room 110, County Administration Building, 1025 Escobar Street, Martinez.
The Hiring Outreach Oversight Committee (Supervisors Federal D. Glover and John Gioia) meets quarterly on the first
Monday of the month at 10:30 a.m.. in Room 110, County Administration Building, 1025 Escobar Street, Martinez.
The Internal Operations Committee (Supervisors Candace Andersen and Diane Burgis) meets on the second Monday of the
month at 10:30 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez.
The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 1:00
p.m. in Room 110, County Administration Building, 1025 Street, Martinez.
The Public Protection Committee (Supervisors Andersen and Federal D. Glover) meets on the fourth Monday of the month at
10:30 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez.
The Sustainability Committee (Supervisors Federal D. Glover and John Gioia) meets on the fourth Monday of every other
month at 1:00 p.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez.
The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the
second Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez.
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.
Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order):
Contra Costa County 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
AICP American Institute of Certified Planners
AIDS Acquired Immunodeficiency Syndrome
ALUC Airport Land Use Commission
AOD Alcohol and Other Drugs
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
BCDC Bay Conservation & Development Commission
BGO Better Government Ordinance
BOS Board of Supervisors
CALTRANS California Department of Transportation
CalWIN California Works Information Network
CalWORKS California Work Opportunity and Responsibility to Kids
CAER Community Awareness Emergency Response
CAO County Administrative Officer or Office
CCCPFD (ConFire) Contra Costa County Fire Protection District
CCHP Contra Costa Health Plan
CCTA Contra Costa Transportation Authority
CCRMC Contra Costa Regional Medical Center
CCWD Contra Costa Water District
CDBG Community Development Block Grant
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
CPI Consumer Price Index
CSA County Service Area
CSAC California State Association of Counties
CTC California Transportation Commission
dba doing business as
DSRIP Delivery System Reform Incentive Program
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
EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health)
et al. et alii (and others)
FAA Federal Aviation Administration
FEMA Federal Emergency Management Agency
F&HS Family and Human Services Committee
First 5 First Five Children and Families Commission (Proposition 10)
FTE Full Time Equivalent
FY Fiscal Year
GHAD Geologic Hazard Abatement District
GIS Geographic Information System
HCD (State Dept of) Housing & Community Development
HHS (State Dept of ) Health and Human Services
HIPAA Health Insurance Portability and Accountability Act
HIV Human Immunodeficiency Syndrome
HOV High Occupancy Vehicle
HR Human Resources
HUD United States Department of Housing and Urban Development
IHSS In-Home Supportive Services
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
LVN Licensed Vocational Nurse
MAC Municipal Advisory Council
MBE Minority Business Enterprise
M.D. Medical Doctor
M.F.T. Marriage and Family Therapist
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
OB-GYN Obstetrics and Gynecology
O.D. Doctor of Optometry
OES-EOC Office of Emergency Services-Emergency Operations Center
OPEB Other Post Employment Benefits
OSHA Occupational Safety and Health Administration
PARS Public Agencies Retirement Services
PEPRA Public Employees Pension Reform Act
Psy.D. Doctor of Psychology
RDA Redevelopment Agency
RFI Request For Information
RFP Request For Proposal
RFQ Request For Qualifications
RN Registered Nurse
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
VA Department of Veterans Affairs
vs. versus (against)
WAN Wide Area Network
WBE Women Business Enterprise
WCCTAC West Contra Costa Transportation Advisory Committee
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
IAFF, LOCAL 1230
JULY 1, 2023 – JUNE 30, 2027
i
IAFF LOCAL 1230
TABLE OF CONTENTS
July 1, 2023 – June 30, 2027
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 ................................................................................... 5
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. ............................................................. 6
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 ................................................................................... 8
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 .................................................. 10
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 Off Duty Standby Differential ............................................................. 13
5.13 Acting in a Higher Class .................................................................... 13
5.14 Payment ............................................................................................ 13
5.15 Pay Warrants .................................................................................... 13
5.16 Pay Warrant Errors ........................................................................... 13
5.17 Training and Prevention Differential .................................................. 14
5.18 Temporary Staff Assignment Differential ........................................... 14
5.19 Hazardous Materials Response Team Differential ............................ 15
ii
SECTION 6 OVERTIME
6.1 Overtime ........................................................................................... 15
6.2 Overtime Recall List .......................................................................... 16
6.2 Eligibility for Overtime ....................................................................... 16
SECTION 7 CALL BACK
7.1 Emergency Recall .......................................................................... 16
SECTION 8 DAYS AND HOURS OF WORK
8.1 Definitions ........................................................................................ 16
8.2 Designated Workweek and Work Schedules ................................... 17
8.3 Time Reporting and Pay Practices Waiver ...................................... 18
SECTION 9 HOLIDAYS
9.1 Holidays Observed .......................................................................... 18
9.2 Holidays Falling on Saturday/Sunday .............................................. 19
9.3 Permanent Part-Time Employees .................................................... 19
SECTION 10 VACATION LEAVE
10.1 Vacation Leave ................................................................................ 19
10.2 Vacation Leave on Reemployment from Layoff List ......................... 20
SECTION 11 SICK LEAVE
11.1 Accrual of Sick Leave ...................................................................... 20
11.2 Permanent Disability Sick Leave ..................................................... 20
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.................................................................. 22
SECTION 12 WORKER’S COMPENSATION
12.1 Workers’ Compensation - Safety ..................................................... 22
12.2 WC & Continuing Pay for Non-Safety Employees ........................... 23
SECTION 13 LEAVE OF ABSENCE
13.1 Leave Without Pay ........................................................................... 25
13.2 General Administration - Leave of Absence..................................... 25
13.3 Military Leave ................................................................................... 26
13.4 Family & Medical leave Act/California Family Rights Act ................. 27
13.5 Certification ...................................................................................... 27
13.6 Intermittent Use of Leave ................................................................. 27
13.7 Aggregate Use for Parents .............................................................. 27
13.8 Definitions ........................................................................................ 27
13.9 Pregnancy Disability Leave .............................................................. 29
13.10 Group Health Plan Coverage ........................................................... 29
13.11 Leave Without Pay - Use of Accruals .............................................. 29
iii
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 ..................................... 30
13.15 Unauthorized Absence .................................................................... 30
SECTION 14 HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.1 Health Plan ...................................................................................... 30
14.2 Contra Costa Health Plan (CCHP) ................................................... 31
14.3 CalPERS Health Plan Monthly Premium Subsidy ............................ 31
14.4 Dental Plan ...................................................................................... 31
14.5 District Dental Plan Premium Subsidy ............................................ 31
14.6 Rate Information .............................................................................. 33
14.7 Life Insurance Benefit Under Health and Dental Plans .................... 33
14.8 Life Insurance Contributions ............................................................ 33
14.9 Premium Payments ......................................................................... 33
14.10 Extended Coverage ......................................................................... 34
14.11 Retirement Coverage ....................................................................... 34
14.12 Dual Coverage ................................................................................. 35
14.13 PERS Long Term Care .................................................................... 35
14.14 Health Care Spending Account ........................................................ 35
14.15 Voluntary Vision Plan ....................................................................... 36
14.16 Dependent Care Assistance Program ............................................. 36
14.17 Premium Conversion Plan ............................................................... 36
14.18 Prevailing Section ............................................................................ 36
SECTION 15 FIREFIGHTER RECRUIT ................................................................ 36
SECTION 16 PROBATIONARY PERIOD
16.1 Duration ........................................................................................... 36
16.2 Classes with Changed Probationary Periods ................................... 37
16.3 Probationary Period Time ................................................................ 37
16.4 Rejection During Probation .............................................................. 37
16.5 Regular Appointment ....................................................................... 38
16.6 Layoff During Probation ................................................................... 38
16.7 Rejection During Probation of Layoff Employee .............................. 38
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 .......................................... 39
17.5 Seniority Credits .............................................................................. 39
17.6 Physical Examination as Part of Promotional Examination .............. 40
SECTION 18 TRANSFER POLICY ....................................................................... 40
SECTION 19 RESIGNATIONS
19.1 Resignation in Good Standing ......................................................... 40
19.2 Constructive Resignation ................................................................. 40
19.3 Effective Resignation ....................................................................... 41
19.4 Revocation ....................................................................................... 41
19.5 Coerced Resignations ..................................................................... 41
iv
SECTION 20 DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
20.1 Cause for Dismissal, Suspension, Demotion &
Reduction in Salary .......................................................................... 41
20.2 Skelly Requirements ........................................................................ 43
20.3 Leave Pending Employee Response ............................................... 43
20.4 Suspensions Without Pay ................................................................ 43
20.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion ...... 43
SECTION 21 GRIEVANCE PROCEDURE
21.1 Grievance Procedure ....................................................................... 44
21.2 Scope of Arbitration Decisions ......................................................... 45
21.3 Clarification on Time Limits of the Grievance Procedure ................. 46
21.4 Representation Outside of Union ..................................................... 46
21.5 Compensation Complaints ............................................................... 46
21.6 No Strike .......................................................................................... 47
21.7 Merit Board ...................................................................................... 47
21.8 Grievance Filing ............................................................................... 47
21.9 Letter of Reprimand ......................................................................... 47
SECTION 22 RETIREMENT CONTRIBUTION
22.1 Payment of Employee Contributions ................................................ 47
22.2 Retirement Benefit – Non-Safety Employees Who Became
New Members of CCCERA Before January 1, 2013 – Tier 1 .......... 48
22.3 Retirement Benefit – Non-Safety Employees Who Became
Members of CCCERA on or After January 1, 2013 ......................... 48
22.4 Safety Employees Retirement ......................................................... 48
SECTION 23 SAFETY........................................................................................... 49
SECTION 24 MILEAGE ........................................................................................ 50
SECTION 25 UNION NOTIFICATION ................................................................... 50
SECTION 26 UNIFORM ALLOWANCE ................................................................ 50
SECTION 27 SAFETY OFFICER CERTIFICATION ............................................. 50
SECTION 28 CERTIFICATION REQUIREMENTS ............................................... 51
SECTION 29 MAXIMUM CONTINUOUS WORK HOURS .................................... 51
SECTION 30 MINIMUM STAFFING ...................................................................... 52
30.1 Hazardous Materials Team Minimum Staffing ................................. 52
30.2 Dozer Minimum Staffing................................................................... 52
30.3 Fire Investigation Unit Minimum Staffing ......................................... 52
30.4 Temporary Modifications to Minimum Staffing ................................. 53
SECTION 31 COMMUNICATION CENTER
31.1 Twenty-Four Hour Schedule ............................................................ 53
31.2 Twelve Hour Schedule ..................................................................... 53
31.3 Dispatcher Consolidation Re-opener ............................................... 53
v
SECTION 32 EMPLOYEE REPRESENTATION RIGHTS .................................... 53
SECTION 33 SERVICE AWARDS ........................................................................ 53
SECTION 34 DEFINITION (For Service Awards/Vacation Accruals) ................ 54
SECTION 35 UNFAIR LABOR PRACTICE .......................................................... 54
SECTION 36 PAST PRACTICES & EXISTING MEMORANDA OF
UNDERSTANDING ......................................................................... 54
SECTION 37 ADOPTION ...................................................................................... 54
SECTION 38 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
38.1 Scope of Agreement ........................................................................ 55
38.2 Separability of Provisions................................................................. 55
38.3 Personnel Management Regulations ............................................... 55
38.4 Duration of Agreement ..................................................................... 55
ATTACHMENTS (A-C)
SUBJECT INDEX
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 units in which the Union is
the recognized representative, 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.
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
IAFF, Local 1230 2 2023-2027 MOU
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.
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
DEFINITIONS
IAFF, Local 1230 3 2023-2027 MOU
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.
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
SECTION 1 - RECOGNITION
IAFF, Local 1230 4 2023-2027 MOU
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 classifications listed in Attachment A, 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
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
SECTION 2 - UNION SECURITY
IAFF, Local 1230 5 2023-2027 MOU
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.
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
SECTION 2 - UNION SECURITY
IAFF, Local 1230 6 2023-2027 MOU
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.
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
SECTION 3 - NO DISCRIMINATION
IAFF, Local 1230 7 2023-2027 MOU
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,
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
SECTION 4 - OFFICIAL REPRESENTATIVES
IAFF, Local 1230 8 2023-2027 MOU
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.
SECTION 5 - SALARIES
5.1 General Wages.
SECTION 5 - SALARIES
IAFF, Local 1230 9 2023-2027 MOU
The wages for all classifications in which IAFF, Local 1230 is the
recognized representative will be as shown in Attachment A – Class
and Salary Listing.
A. Effective the first of the month during which adoption of
the Local 1230 MOU by the Board of Directors of the Contra Costa
County Fire Protection District occurs, or August 1, 2023,
whichever is later, the base rate of pay for all classifications
represented by the Union will be increased by six and one-quarter
percent (6.25%).
B. Effective July 1, 2024, the base rate of pay for all classifications
represented by the Union will be increased by five percent (5%).
C. Effective July 1, 2025, the base rate of pay for all classifications
represented by the Union will be increased by five percent (5%).
D. Effective July 1, 2026, 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.
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
SECTION 5 - SALARIES
IAFF, Local 1230 10 2023-2027 MOU
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.
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
SECTION 5 - SALARIES
IAFF, Local 1230 11 2023-2027 MOU
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
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
SECTION 5 - SALARIES
IAFF, Local 1230 12 2023-2027 MOU
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
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.
SECTION 5 - SALARIES
IAFF, Local 1230 13 2023-2027 MOU
5.12 Off Duty Standby Differential. Represented members assigned to
participate in the Fire Investigation Off-Duty Standby Team and/or as Public
Information Officers will receive a monthly pay differential of 5% of their base
pay. Employees in the Fire Investigation Off-Duty Standby Team and/or Public
Information Officer roles will only receive a single differential of 5% regardless of
whether they are serving in one or both roles.
To be eligible for this differential, the employee must be on-call to the Fire
Investigation Off-Duty Standby Team and/or as a Public Information Officer at least
ten (10) days per month and must have their schedule approved by the Fire
Marshal, or his designee.
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 online using Employee Self
Service (ESS) on the prescribed form. If the employee makes an update between
the 1st and 15th of the month, then the change will impact the current month’s
advance. If the employee makes the update after the 15th, it will impact the following
month’s advance.
Each election shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14 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.
5.15 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
SECTION 5 - SALARIES
IAFF, Local 1230 14 2023-2027 MOU
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. 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
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 a Firefighter Training Academy assignment, in a Crew 12
supervisor assignment, or in an administrative program-based
assignment approved by the Fire Chief. No more than eight (8) such
SECTION 6 – OVERTIME
IAFF, Local 1230 15 2023-2027 MOU
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; USAR and FEMA
deployments; 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.
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
SECTION 7 - CALL BACK
IAFF, Local 1230 16 2023-2027 MOU
(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.
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)
SECTION 8 – DAYS AND HOURS OF WORK
IAFF, Local 1230 17 2023-2027 MOU
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.
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).
SECTION 9 - HOLIDAYS
IAFF, Local 1230 18 2023-2027 MOU
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
The last Monday in May, known as Memorial Day
June 19th, known as Juneteenth
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
SECTION 10 - VACATION LEAVE
IAFF, Local 1230 19 2023-2027 MOU
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
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
SECTION 11 - SICK LEAVE
IAFF, Local 1230 20 2023-2027 MOU
56 Hour Shift Employees
Length of Service
Monthly Accrual
Hours
Maximum
Cumulative
Hours
Less than 5 years of completed service 14 336
Beg. with 5-10 yrs of completed service 16 384
Beg. with 11 – 15 yrs completed service 18 432
Beg. with 16 – 20 yrs completed service 21 504
Beg. with 21 – 25 yrs completed service 26 624
Beg. with 26 – 30 yrs completed service 30 720
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
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 fifteen (15) 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;
SECTION 11 - SICK LEAVE
IAFF, Local 1230 21 2023-2027 MOU
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
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.
SECTION 12 – WORKERS’ COMPENSATION
IAFF, Local 1230 22 2023-2027 MOU
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.
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
SECTION 12 – WORKERS’ COMPENSATION
IAFF, Local 1230 23 2023-2027 MOU
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
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
SECTION 12 – WORKERS’ COMPENSATION
IAFF, Local 1230 24 2023-2027 MOU
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
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
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IAFF, Local 1230 25 2023-2027 MOU
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)
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;
SECTION 13 - LEAVE OF ABSENCE
IAFF, Local 1230 26 2023-2027 MOU
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
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
SECTION 13 - LEAVE OF ABSENCE
IAFF, Local 1230 27 2023-2027 MOU
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.
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
SECTION 13 - LEAVE OF ABSENCE
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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.
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
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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.
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
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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.
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
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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
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
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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
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
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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.
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
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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.
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
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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
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
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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.
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.
SECTION 16 - PROBATIONARY PERIOD
IAFF, Local 1230 37 2023-2027 MOU
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.
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.
SECTION 16 - PROBATIONARY PERIOD
IAFF, Local 1230 38 2023-2027 MOU
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.
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
IAFF, Local 1230 39 2023-2027 MOU
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:
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
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IAFF, Local 1230 40 2023-2027 MOU
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.
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
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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)
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
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND
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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;
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
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
IAFF, Local 1230 43 2023-2027 MOU
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.
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
SECTION 21 - GRIEVANCE PROCEDURE
IAFF, Local 1230 44 2023-2027 MOU
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
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 their
SECTION 21 - GRIEVANCE PROCEDURE
IAFF, Local 1230 45 2023-2027 MOU
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 designee. The Employee Relations
Officer or their 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 - Mediation. If a grievance is not satisfactorily resolved at
Step 3, above, the union may appeal the grievance by requesting
mediation in writing to the Employee Relations Officer or their
designee. The request to submit the grievance to mediation must be
filed by the union within five (5) calendar days of the date of the
written Step 3 response from the Employee Relations Officer or their
designee. No grievance will be processed at Step 4 which has not
first been filed and investigated in accordance with Step 3, above.
This step of the grievance procedure may be waived by the written
mutual agreement of the parties.
E. Step 5 - Arbitration. If the parties are unable to reach a resolution of
the grievance at Step 4, either the Union or the County/District,
whichever is the moving party, 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 their designee. Such request shall be submitted within ten (10)
calendar days of the completion of mediation at Step 4. 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, including any transcript(s), 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 Arbitration Decisions.
A. Decisions of arbitrators on matters properly before them shall be final
and binding on the parties hereto, to the extent permitted by law.
B. 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
SECTION 21 - GRIEVANCE PROCEDURE
IAFF, Local 1230 46 2023-2027 MOU
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. No 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 their designee in pursuance of the
procedures outlined in Step 3 above, or the parties in pursuance of
the provisions outlined in Step 4 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 their 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 not detailed in the Memorandum of Understanding shall be deemed
withdrawn until the Memorandum of Understanding 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
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,
SECTION 22 - RETIREMENT CONTRIBUTION
IAFF, Local 1230 47 2023-2027 MOU
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
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
SECTION 22 - RETIREMENT CONTRIBUTION
IAFF, Local 1230 48 2023-2027 MOU
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
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.
SECTION 23 - SAFETY
IAFF, Local 1230 49 2023-2027 MOU
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
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
SECTION 24 – MILEAGE
IAFF, Local 1230 50 2023-2027 MOU
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.
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 either S-404 or L-954.
Safety Officers will be required to respond to emergencies during regular working
hours as well as after hours as necessary.
SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS
IAFF, Local 1230 51 2023-2027 MOU
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.
SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS
The maximum number of continuous work hours for employees shall be limited to
ninety-six (96) work hours. Upon reaching ninety-six (96) hours worked, employees
may elect to work up to a maximum of one hundred and twenty (120) hours to
alleviate mandatory holds. Before employees work more than ninety-six (96) hours,
they must be deemed fit for duty by the responsible Battalion Chief, District Chief, or
designee at the time of scheduling.
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 maximum
continuous work hour segment.
SECTION 30 - MINIMUM STAFFING
IAFF, Local 1230 52 2023-2027 MOU
c. Exceptions to these maximums 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 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.
The District desires to maintain a minimum staff on all trucks of four (4), the four
shall be composed of: one (1) Fire Captain, one (1) Fire Engineer, and two (2)
Firefighters, of which at least one must be a Paramedic classification. A
temporary reduction to Truck company staffing levels may be initiated during
short duration emergency situations, circumstances contained in District policy
3.12.20, or at the discretion of the Fire Chief or his/her designee. 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.
30.1 Hazardous Materials Team Minimum Staffing
There shall be a minimum of six (6) Haz-Mat Specialists working at all times.
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.
30.3 Fire Investigation Unit Minimum Staffing
The Fire Investigation Unit shall be staffed by one (1) Fire Investigator on a 24-hour
schedule, at a minimum, on a daily basis. Other fully qualified personnel may be
substituted as needed given staffing constraints or other considerations as approved
by the Fire Marshal.
SECTION 31 - COMMUNICATION CENTER
IAFF, Local 1230 53 2023-2027 MOU
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 Fire District shall maintain a minimum staffing level of not less
than one (1) position below the total daily allocated positions contained in the
current budget. (For example, if there are eight Dispatcher positions funded on a
daily basis the minimum staffing level would be seven Dispatchers.) One (1) of
these positions shall be a Senior Dispatcher or Acting Senior Dispatcher. Staffing
distribution and rest periods will be determined by District policy.
31.1 Twenty-Four Hour Schedule. Communication center personnel follow
the Kelly schedule described in Section 8.1.E – Kelly Schedule. All 24-hour shifts
shall be based on the Kelly 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
discretion of the County.
SECTION 34 - DEFINITION (For Service Awards and Vacation Accruals)
SECTION 35 - UNFAIR LABOR PRACTICE
IAFF, Local 1230 54 2023-2027 MOU
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.
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
SECTION 38 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
IAFF, Local 1230 55 2023-2027 MOU
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, 2023 to and including June 30, 2027. 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.
Local 1230 MOU 2020-2023
IAFF, LOCAL 1230
ATTACHMENTS
A. CLASS & SALARY LISTING
B. MOU SECTIONS NOT SUBJECT TO GRIEVANCE
PROCEDURE
C. SAFER GRANT SIDE LETTER OF OCTOBER 3, 2022
IAFF, LOCAL 1230
CLASS AND SALARY LISTING
FIRE SUPRESSION PREVENTION UNIT (4N)
Effective August 1, 2023
ATTACHMENT A
Job Code Classification
Flex Staff (F)
/ Deep Class
(D) From To
RPTC Fire Captain-40 Hour $10,052.48 $13,471.28
RPTA Fire Captain-56 Hour F $10,052.48 $13,471.28
RPTF Fire Captain-Paramedic/40 Hr $11,057.72 $14,818.41
RPTH Fire Captain-Paramedic/56 Hour F $11,057.72 $14,818.41
RBNA Fire Control Worker Specialist $3,647.71 $4,433.81
REWA*Fire District Dispatcher $7,286.51 $9,764.62
RPVE Fire Engineer Paramedic/40 Hr F $9,809.22 $13,145.29
RPVF Fire Engineer Paramedic/56 Hr F $9,809.21 $13,145.28
RPVD Fire Engineer/40 Hour F $8,917.49 $11,950.27
RPVC Fire Engineer/56 Hour F $8,917.47 $11,950.25
RJWJ*Fire Inspector I $7,570.03 $10,144.57
RJVB Fire Inspector II $9,845.61 $13,194.07
RJWG Fire Investigator $9,845.61 $13,194.07
RJWH Fire Investigator - 56 Hour F $9,845.61 $13,194.07
RPTD Fire Prevention Captain $10,052.48 $13,471.28
RJWC*Fire Prevention Technician $6,393.78 $8,568.29
RPTE Fire Training Captain F $10,052.48 $13,471.28
RPTG Fire Trg Captain-Paramedic F $11,057.72 $14,818.41
RP7A Firefighter-Paramedic Recruit F $8,816.97 $8,816.97
RPWE Firefighter-Paramedic/40 Hour F $8,899.83 $11,926.63
RPWB Firefighter-Paramedic/56 Hour F $8,899.85 $11,926.63
RPWD*Firefighter-Recruit F $7,283.56 $7,283.56
RPWF Firefighter/40 Hour F $8,092.84 $10,845.18
RPWA Firefighter/56 Hour F $8,092.84 $10,845.18
RETA*Sr Fire Dist Dispatcher-56 Hr $8,021.05 $10,748.96
Salary Range
*Non-Safety
Page 1 of 1
Page 1 of 2
Page 2 of 2
ATTACHMENT C
Page 1 of 5
IAFF LOCAL 1230
SUBJECT INDEX
Accrual of Sick Leave ........................................................................ 20
Acting in a Higher Class .................................................................... 13
Adoption ............................................................................................. 54
Advance Notice .................................................................................... 5
Anniversary Dates ............................................................................... 9
Arbitration – Scope ............................................................................ 45
Assignment of Classes to Bargaining Uni ts ........................................ 6
Attendance at Meetings ....................................................................... 8
Baby/Child Bonding .......................................................................... 22
Call Back ............................................................................................ 16
CalPERS Health Plan Monthly Premium Subsidy ............................ 31
Cause for Dismissal, Suspension, Demotion & Reduction in Salary 41
Certification ........................................................................................ 27
Certification Requirements ................................................................ 51
Clarification on Time Limits of the Grievance Procedure .................. 46
Classes with Changed Probationary Perio ds .................................... 37
Coerced Resignations ....................................................................... 41
Communicating With Employees ........................................................ 4
Communication Center ...................................................................... 53
Compensation Complaints ................................................................ 46
Compensation for Portion of Month ................................................... 10
Constructive Resignation ................................................................... 40
Contra Costa Health Plan (CCHP) .................................................... 31
Days and Hours of Work ................................................................... 16
Death of a Family Member ................................................................ 22
Definition (For Service Awards and Vacation Accruals) ................... 54
Definition of Immediate Family .......................................................... 22
Definitions ............................................................................................ 2
Definitions (Days and Hours of Work) ............................................... 16
Definitions (Leave of Absence) ......................................................... 27
Dental Plan ........................................................................................ 31
Dependent Care Assistance Program ............................................... 36
Designated Workweek and Work Schedules .................................... 17
Dismissal, Suspension, Demotion and Reduction in Salary ............. 41
Page 2 of 5
Dispatcher Consolidation Re -Opener................................................ 53
District Dental Plan Premium Subsidy .............................................. 31
Dual Coverage ................................................................................... 35
Dues Deduction ................................................................................... 4
Duration (Probationary Period) .......................................................... 37
Duration of Agreement ...................................................................... 55
Effective Resignation ......................................................................... 41
Eligibility for Overtime ........................................................................ 16
Emergency Recall ............................................................................ 16
Employee Representation Rights ...................................................... 53
Entrance Salary ................................................................................... 9
Extended Coverage ........................................................................... 34
FMLA/CFRA ...................................................................................... 27
General Administration – Leaves of Absence ................................... 25
General Wages .................................................................................... 8
Grievance Filing ................................................................................. 47
Grievance Procedure ......................................................................... 44
Group Health Plan Coverage ............................................................ 29
Hazardous Materials Response Team Differential ........................... 15
Health and Welfare, Life and Dental Care ........................................ 30
Health Care Spending Account ......................................................... 35
Health Plan ........................................................................................ 30
Holidays ............................................................................................. 18
Holidays Falling on Saturday/Sunday ............................................... 19
Holidays Observed ............................................................................ 18
Increments Within Range .................................................................. 10
Intermittent Use of Leave .................................................................. 27
Layoff During Probation ..................................................................... 38
Layoff (Union Notification) ................................................................. 50
Leave of Absence .............................................................................. 25
Leave of Absence Replacement and Reinstatement ........................ 31
Leave Pending Employee Response ................................................ 43
Leave Without Pay ............................................................................ 25
Page 3 of 5
Leave Without Pay – Use of Accruals ............................................... 29
Letter of Reprimand ........................................................................... 47
Life Insurance Benefit Under Health and Dental Plans ..................... 33
Life Insurance Contributions .............................................................. 33
List of Employees with Dues Deduction .............................................. 6
Maximum Continuous Work Hours .................................................... 51
Medical Appointments ....................................................................... 22
Medical Leave .................................................................................... 27
Merit Board ........................................................................................ 47
Mileage .............................................................................................. 50
Military Leave ..................................................................................... 26
Minimum Staffing ............................................................................... 52
Modification & Decertification .............................................................. 6
No Discrimination................................................................................. 7
No Strike ............................................................................................ 47
Official Representatives ....................................................................... 8
Overtime ............................................................................................ 15
Overtime Eligibility ............................................................................. 16
Overtime Recall List .......................................................................... 16
Part-Time Compensation ................................................................... 10
Past Practices & Existing Memoranda of Understanding ................. 54
Payment ............................................................................................. 13
Payment of Employee Contributions ................................................. 47
Pay Warrants ..................................................................................... 13
Pay Warrant Errors ............................................................................ 13
Performance Evaluation .................................................................... 10
Permanent Disability Sick Leave ....................................................... 20
Permanent Part-Time Employees ..................................................... 19
PERS Long Term Care ...................................................................... 35
Personnel Management Regulations (PMR’s) .................................. 55
Physical Examination as Part of Promotional Examination .............. 40
Position Reclassification .................................................................... 11
Prearranged Medical Appointments .................................................. 22
Page 4 of 5
Pregnancy Disability Leave ............................................................... 29
Premium Conversion Plan ................................................................. 36
Premium Payments ........................................................................... 33
Prevailing Section .............................................................................. 36
Probationary Period ........................................................................... 36
Probationary Period Time .................................................................. 37
Procedure on Dismissal, Suspension or Disciplinary Demotion ....... 43
Promotion .......................................................................................... 39
Promotion Policy ................................................................................ 39
Promotional Exam – Physical Exam ................................................. 40
Promotional Standing Requirements ................................................ 39
Promotion via Reclassification W ithout Examination ........................ 39
Rate Information ................................................................................ 33
Reclassification .................................................................................... 3
Recognition .......................................................................................... 4
Reduction in Salary ........................................................................... 41
Regular Appointment ......................................................................... 38
Reinstatement From Family Care/Medical Leave ............................. 30
Rejection During Probation ............................................................... 37
Rejection During Probation of Layoff Employee ............................... 38
Representation Outside of Union ...................................................... 46
Requirements for Promotional Standing ........................................... 39
Resignation in Good Standing ........................................................... 40
Resignations ...................................................................................... 40
Retirement Benefit – Non-Safety Employees Who Became
New Members of CCCERA Before January 1, 2013 – Tier 1 ........... 48
Retirement Benefit – Non-Safety Employees Who Become
Members of CCCERA on or After January 1, 2013 .......................... 48
Retirement Contribution ..................................................................... 47
Retirement Coverage ........................................................................ 34
Revocation ......................................................................................... 41
Safety ................................................................................................. 49
Safety Employees Retirement ........................................................... 48
Safety Officer Certification ................................................................. 50
Salaries ................................................................................................ 8
Salary on Involuntary Demotion ........................................................ 12
Salary on Promotion .......................................................................... 12
Salary Reallocation and Salary on Reallocation ............................... 11
Salary Review While on Leave of Absence ...................................... 30
Page 5 of 5
Salary on Voluntary Demotion ........................................................... 12
Scope of Arbitration Decisions .......................................................... 45
Scope of Agreement & Separability of Provisions ............................ 54
Seniority Credits ................................................................................ 39
Service Awards .................................................................................. 53
Sick Leave ......................................................................................... 20
Sick Leave Utilization for Pregnancy Disability ................................. 20
Skelly Requirements .......................................................................... 43
Strike .................................................................................................. 47
Suspension ........................................................................................ 41
Suspensions Without Pay.................................................................. 43
Temporary Staff Assignment Differential .......................................... 14
Time Reporting and Pay Practices Waiver ....................................... 18
Training and Prevention Differential .................................................. 14
Transfer Policy ................................................................................... 40
Twelve-Hour Schedule ...................................................................... 53
Twenty-Four Hour Schedule ............................................................. 53
Unauthorized Absence ...................................................................... 30
Unfair Labor Practice ......................................................................... 54
Uniform Allowance ............................................................................. 50
Union Notification (Layoff) ................................................................. 50
Union Recognition ............................................................................... 4
Union Representatives ........................................................................ 8
Union Security ..................................................................................... 4
Use of District Buildings ....................................................................... 5
Vacation Leave .................................................................................. 19
Vacation Leave on Reemployment from a Layoff List ...................... 20
Voluntary Vision Plan ........................................................................ 36
Workers’ Compensation .................................................................... 22
Workers’ Compensation & Continuing Pay for Non -Safety EE’s ...... 23
Workers’ Compensation – Safety ...................................................... 22
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/25/2023 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Ken Carlson
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2023/410
In The Matter Of: Memorandum of Understanding with United Professional Firefighters, Local 1230, for the period of July 1,
2023 through June 30, 2027.
The Contra Costa County Board of Supervisors acting in its capacity as the Governing Board 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, 2023 through June 30, 2027, for those classifications represented by United Professional Firefighters,
Local 1230. A copy of the MOU is attached.
Contact: David Sanford, Chief of Labor Relations
(925-655-2070)
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: August 25, 2023
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
RECOMMENDATION(S):
Acting as the Governing Body of the Contra Costa County Fire Protection District, ADOPT Resolution No. 2023/410 approving the
Memorandum of Understanding with the International Association of Fire Fighters, Local 1230, for the period of July 1, 2023 through June 30,
2027.
FISCAL IMPACT:
The estimated yearly increase in salary costs of the negotiated contract is $6.15 million for 2023/24; $5.2 million for FY 2024/25; $5.5 million
for FY 2025/26, and $5.76 million for FY 2026/27. Increases in vacation accruals and sick leave accruals may have a cost depending on usage
and backfilling.
BACKGROUND:
IAFF, Local 1230 began bargaining with the District on April 13, 2023. A Tentative Agreement was reached between the District and Local
1230 on August 9, 2023, and the agreement was ratified on August 17, 2023. 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: 08/25/2023 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: David Sanford, Chief of Labor Relations
(925-655-2070)
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: August 25, 2023
, 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:Monica Nino, County Administrator
Date:August 25, 2023
Contra
Costa
County
Subject:Memorandum of Understanding with United Professional Firefighters I.A.F.F. Local 1230
BACKGROUND: (CONT'D)
In summary, those changes include:
Duration of Agreement (Section 38.4)
The term of the agreement is July 1, 2023 through June 30, 2027.
General Wages (Section 5.1)
Effective August 1, 2023, the base rate of pay for all classifications represented by IAFF, Local 1230
will be increased by 6.25%.
Effective July 1, 2024, the base rate of pay for all classifications represented by IAFF, Local 1230
will be increased by 5%.
Effective July 1, 2025, the base rate of pay for all classifications represented by IAFF, Local 1230
will be increased by 5%.
Effective July 1, 2026, the base rate of pay for all classifications represented by IAFF, Local 1230
will be increased by 5%.
Safety Officer Certification (Section 27)
Adds L-954 to list of courses required for Safety Officer Certification.
Off Duty Standby Differential (Section 5.12)
Adds Public Information Officer to Off-Duty Standby Differential
Deletes obsolete language regarding moving to a 24-hour duty shift schedule.
Temporary Staff Assignment Differential (Section 5.18)
Adds additional assignments to confirm with status quo, combines maximums into a pool of eight assignments at once.
REACH Partnership Helicopter Differential (Section 5.20)
Deleted section in its entirety.
Grievance Procedure (Section 21)
Replaces Adjustment Board with Mediation.
Payment (Section 5.14)
Employees may elect to receive a pay advance by using Employee Self Service during specified
timeframes.
Union Recognition (Section 1.1)
Change reference from "Fire Suppression and Prevention Unit" to "classifications listed in
Attachment A."
Holidays (Section 9)
Adds the Juneteenth holiday.
Maximum Continuous Work Hours (Section 29)
Increases maximum continuous work hours from 96 to 120, provided that management approves.
Communication Center (Section 31)
Updates staffing minimums for dispatchers and cleans up old language.
Minimum Staffing (Section 30)
Amend various minimum staffing levels.
Sick Leave (Section 11)
Increase sick leave accruals from 12 to 15 per month for 56 hour personnel.
Vacation Leave (Section 10)
Increase monthly accrual rates and maximums for 56 hour personnel.
Re-ordered, re-numbered, and cleaned-up MOU sections as needed.
Historically, changes to the pay and benefits of the unrepresented management employees of the Contra Costa County Fire Protection
District have been approved at the same time as increases for IAFF Local 1230. Because compensation for local agency executives cannot
be considered at a special meeting, proposed changes for unrepresented fire management will be considered at the regularly scheduled
Board of Supervisors meeting on September 12, 2023 with a proposed effective date of August 1, 2023.
CONSEQUENCE OF NEGATIVE ACTION:
The District will be out of contract with IAFF, Local 1230 and may cause labor issues.
CLERK'S ADDENDUM
Speakers: Vincent Wells, President Local 1230; Bob Campbell, Auditor-Controller.
AGENDA ATTACHMENTS
Resolution 2023/410
1230 MOU
MINUTES ATTACHMENTS
Signed Resolution No. 2023/410
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
AND
UNITED CHIEF OFFICERS ASSOCIATION
JULY 1, 2023 – JUNE 30, 2027
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 ..................................................................... 14
SECTION 6 ADDITIONAL HOURS
6.1 Overtime Compensation ............................................................. 14
6.2 Annual Administrative Leave ...................................................... 15
SECTION 7 ACTING BATTALION CHIEF ASSIGNMENTS ......................... 15
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 ..................................................................... 17
10.2 Vacation Accrual Rates .............................................................. 17
10.3 Accrual During Leave Without Pay ............................................. 17
10.4 Pro-rated Accruals ...................................................................... 18
10.5 Vacation Buy Back ...................................................................... 18
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 ......................................... 25
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 ...................................................... 27
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
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 ............................................................... 33
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 Premium Conversion Plan .......................................................... 34
14.20 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 ......................... 36
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 ......................................................................... 37
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 .................................................................. 38
17.4 Revocation .................................................................................. 39
17.5 Coerced Resignations ................................................................ 39
iv
SECTION 18 DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN
SALARY
18.1 Cause for Dismissal, Suspension, Demotion
and Reduction in Salary .............................................................. 39
18.2 Skelly Requirements ................................................................... 40
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 Arbitration Decisions .................................................... 43
19.3 Clarification on Time Limits of the Complaint Procedure ............ 44
19.4 Representation Outside of Association ....................................... 44
19.5 Compensation Complaints .......................................................... 44
19.6 No Strike ..................................................................................... 44
19.7 Merit Board ................................................................................. 45
19.8 Complaint Filing .......................................................................... 45
19.9 Letter of Reprimand .................................................................... 45
SECTION 20 EMPLOYEE REPRESENTATION RIGHTS ............................... 45
SECTION 21 RETIREMENT CONTRIBUTION
21.1 Payment of Employee Contributions ........................................... 45
21.2 Safety Employees Retirement .................................................... 45
SECTION 22 SAFETY ..................................................................................... 47
SECTION 23 MILEAGE ................................................................................... 47
SECTION 24 UNIFORM ALLOWANCE ........................................................... 47
SECTION 25 CERTIFICATION REQUIREMENTS
25.1 Required Certifications ............................................................... 48
25.2 General Terms ............................................................................ 48
SECTION 26 OTHER TERMS OF EMPLOYMENT
26.1 Longevity Pay ............................................................................. 48
26.2 Deferred Compensation Incentive .............................................. 48
26.3 Training ....................................................................................... 49
26.4 Educational Incentive Program ................................................... 49
26.5 Management Development Policy .............................................. 51
26.6 Professional Development Reimbursement ................................ 51
26.7 Bilingual Pay Differential ............................................................. 51
26.8 Emergency Recall and Standby .................................................. 51
26.9 Emergency Recall and Standby Differential ............................... 52
SECTION 27 SPECIAL ASSIGNMENT PRE-APPROVAL .............................. 52
v
SECTION 28 DAYS AND HOURS OF WORK
28.1 Definitions ................................................................................... 52
28.2 Designated Workweek and Work Schedules .............................. 52
28.3 Battalion Reassignments ............................................................ 53
28.4 Schedule Reassignments ........................................................... 53
28.5 Designation of Assignments ....................................................... 53
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 ........................................................... 55
35.3 Personnel Management Regulations .......................................... 56
35.4 Duration of Agreement ................................................................ 56
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.
DEFINITIONS
UCOA 2 of 56 2023-2027 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.
DEFINITIONS
UCOA 3 of 56 2023-2027 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 provided 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 voluntarily
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.
SECTION 1 – RECOGNITION
UCOA 4 of 56 2023-2027 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
SECTION 2 - ASSOCIATION SECURITY
UCOA 5 of 56 2023-2027 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 shall 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 authorization 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 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.
SECTION 2 - ASSOCIATION SECURITY
UCOA 6 of 56 2023-2027 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.
SECTION 3 – DISCRIMINATION PROHIBITED
UCOA 7 of 56 2023-2027 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 meeting
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 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 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 expenses,
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
SECTION 4 - OFFICIAL REPRESENTATIVES
UCOA 8 of 56 2023-2027 MOU
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.
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
SECTION 5 - SALARIES
UCOA 9 of 56 2023-2027 MOU
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 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 faith
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 during which adoption of the UCOA
MOU by the Board of Directors of the Contra Costa County Fire
Protection District occurs, or August 1, 2023, whichever is later, the
base rate of pay for all classifications represented by the Association
will be increased by six and one-quarter percent (6.25%).
B. Effective on July 1, 2024, 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, 2025, the base rate of pay for all classifications
represented by the Association will be increased by five percent
(5.0%).
D. Effective on July 1, 2026, 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
SECTION 5 - SALARIES
UCOA 10 of 56 2023-2027 MOU
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.
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 –
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
SECTION 5 - SALARIES
UCOA 11 of 56 2023-2027 MOU
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.
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
SECTION 5 - SALARIES
UCOA 12 of 56 2023-2027 MOU
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 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
SECTION 5 - SALARIES
UCOA 13 of 56 2023-2027 MOU
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
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 online using Employee Self
Service (ESS) on the prescribed form. If the employee makes an update between
the 1st and 15th of the month, then the change will impact the current month’s
advance. If the employee makes the update after the 15th, it will impact the
following month’s advance.
Each election shall remain effective until revoked.
SECTION 6 – ADDITIONAL HOURS
UCOA 14 of 56 2023-2027 MOU
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
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 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
SECTION 7 – ACTING BATTALION CHIEF ASSIGNMENTS
UCOA 15 of 56 2023-2027 MOU
California Fire Assistance Agreement or other reimbursement
mechanism normally applies.
i. 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 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 8 – ASSOCIATION NOTIFICATION
UCOA 16 of 56 2023-2027 MOU
SECTION 9 – HOLIDAYS
9.1 Holidays Observed.
The District will observe the following holidays:
January 1st, known as New Years Day
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
June 19th, known as Juneteenth
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
UCOA 17 of 56 2023-2027 MOU
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
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
Length of Service Completed
Monthly
Accrual Hours
Maximum Cumulative
Hours
Less than 5 years of completed service 14 336
Beg. with 5-10 years 16 384
11 through 14 years 18 432
15 through 19 years 21 504
20 through 24 years 26 624
25 through 29 years 30 720
30 years and up 33 792
SECTION 11 – SICK LEAVE
UCOA 18 of 56 2023-2027 MOU
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:
(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.
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.
SECTION 11 – SICK LEAVE
UCOA 19 of 56 2023-2027 MOU
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 fifteen (15) hours for each completed month
of service.
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 employee 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:
SECTION 11 – SICK LEAVE
UCOA 20 of 56 2023-2027 MOU
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
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 the 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 the
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 utilize
sick leave credit to the maximum accrued by such employee during
the period of such disability under the conditions set forth below.
SECTION 11 – SICK LEAVE
UCOA 21 of 56 2023-2027 MOU
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 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.
SECTION 11 – SICK LEAVE
UCOA 22 of 56 2023-2027 MOU
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
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 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 can be awarded only under the following conditions:
a. The employee must have resigned in good standing
SECTION 12 – NUMBER OF SHIFT BATTALION CHIEFS OFF ON
ELECTIVE LEAVE
UCOA 23 of 56 2023-2027 MOU
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:
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.
SECTION 13 - LEAVE OF ABSENCE
UCOA 24 of 56 2023-2027 MOU
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.
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 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
SECTION 13 - LEAVE OF ABSENCE
UCOA 25 of 56 2023-2027 MOU
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,
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.
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:
SECTION 13 - LEAVE OF ABSENCE
UCOA 26 of 56 2023-2027 MOU
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.
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.
h. 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
SECTION 13 - LEAVE OF ABSENCE
UCOA 27 of 56 2023-2027 MOU
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 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
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL
CARE
UCOA 28 of 56 2023-2027 MOU
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
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.
(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
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CARE
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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 premium costs that are
greater than the District’s subsidy identified in Section 14.3(A).
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.
1. 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 each 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.
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CARE
UCOA 30 of 56 2023-2027 MOU
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
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
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CARE
UCOA 31 of 56 2023-2027 MOU
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 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
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CARE
UCOA 32 of 56 2023-2027 MOU
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.
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
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CARE
UCOA 33 of 56 2023-2027 MOU
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. 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
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CARE
UCOA 34 of 56 2023-2027 MOU
subscribe voluntarily for supplemental life insurance coverage.
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
SECTION 15 - PROBATIONARY PERIOD
UCOA 35 of 56 2023-2027 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 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
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 finds 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.
SECTION 15 - PROBATIONARY PERIOD
UCOA 36 of 56 2023-2027 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 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.
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.
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
SECTION 16 – PROMOTION
UCOA 37 of 56 2023-2027 MOU
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.
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 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 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
SECTION 17 - RESIGNATIONS
UCOA 38 of 56 2023-2027 MOU
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.
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.
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:
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.
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 39 of 56 2023-2027 MOU
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
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,
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 40 of 56 2023-2027 MOU
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 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;
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
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 41 of 56 2023-2027 MOU
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 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.
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 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
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 42 of 56 2023-2027 MOU
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
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 their 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
Association may appeal in writing within five (5) workdays to the Employee
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 43 of 56 2023-2027 MOU
Relations Officer or their designee. The Employee Relations Officer or
their 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 - Mediation. If a complaint is not satisfactorily resolved at Step 3,
above, the Association may appeal and request mediation in writing within
five (5) calendar days to the Employee Relations Officer or their designee.
No complaint may be processed under this Section which has not first
been filed and investigated in accordance with Step 3 above. Step 4
Mediation of the grievance procedure may be waived by the written mutual
agreement of the parties.
E. Step 5 - Arbitration.
If the parties are unable to reach a resolution of the complaint at Step 4,
either the Association or the County/District, whichever is the moving
party, 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 their designee. Such request shall be
submitted within ten (10) calendar days of the completion of mediation at
Step 4 to the Employee Relations Officer or their designee 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, including any transcript(s), 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 19 the term "workday" shall be defined as
any day except a Saturday, Sunday or holiday.
19.2 Scope of Arbitration Decisions.
A. Decisions of arbitrators on matters properly before them shall be
final and binding on the parties hereto, to the extent permitted by
law.
B. 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 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
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 44 of 56 2023-2027 MOU
out of or in connection with such proposals, may be referred to
arbitration under this Section. No 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 their designee in pursuance of
the procedures outlined in Section 19.1C above, or the parties 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 Section 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 automatically 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.
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 their 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 not detailed in the Memorandum of Understanding shall
be deemed withdrawn until the Memorandum of Understanding 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 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
SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS
UCOA 45 of 56 2023-2027 MOU
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 the
letter of reprimand shall be placed in the employee's official personnel file
maintained by the District.
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
SECTION 21 - RETIREMENT CONTRIBUTION
UCOA 46 of 56 2023-2027 MOU
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.
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
SECTION 22 - SAFETY
UCOA 47 of 56 2023-2027 MOU
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.
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 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 24 - UNIFORM ALLOWANCE
UCOA 48 of 56 2023-2027 MOU
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
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. Fifteen Years of Service: Employees who have completed fifteen (15)
years of service for the District shall be eligible to receive an additional 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
fifteen (15) year service award. For employees who completed fifteen (15)
years of service on or before February 1, 2021, this longevity differential
will be paid prospectively only from February 1, 2021.
C. 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.
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 49 of 56 2023-2027 MOU
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.
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.
1. Incumbents of the following classifications are eligible to participate in this
incentive program:
Battalion Chief (RPHA, RPHE), and
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 50 of 56 2023-2027 MOU
Chief, Fire Emergency Medical Services (RPHD)
2. 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.
3. 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:
a. 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 into the classification of either
Battalion Chief (RPHA, RPHE) or Chief of Fire Emergency Medical
Services (RPHD) prior to January 1, 2020.
b. Certification as either Chief Officer or Chief Fire Officer issued by
the State Fire Marshal.
c. Completion of the Executive Fire Officer (EFO) program through
the National Fire Academy.
d. 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.
4. Qualifications for allowances shall be under the following conditions:
a. 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.
b. 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.
c. 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.
5. 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
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 51 of 56 2023-2027 MOU
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
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. Standby and emergency recall is a
requirement of all classifications covered under this agreement. Employees will
be assigned to standby and emergency recall duty for a minimum of eight (8)
days each month for 56-hour personnel, and twelve (12) days each month for 40-
hour personnel. Beginning August 1, 2023, the former differential for emergency
SECTION 27 – SPECIAL ASSIGNMENT PRE-APPROVAL
UCOA 52 of 56 2023-2027 MOU
recall and standby in the amount of five percent (5.0%) of monthly base salary
shall be rolled into base pay for all classifications represented by the Association.
The Association understands and agrees that employees are compensated for
emergency recall and standby in their base pay and that no additional
differentials or special pays will be provided.
26.9 Chief, Fire Emergency Medical Services Differential. Employees in the
Chief, Fire Emergency Medical Services (RPHD) classification shall receive a
salary differential in the amount of two and one-half percent (2.5%) of monthly
base pay, not including other differentials, for possession and maintenance of a
valid State of California Paramedic License.
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.
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
SECTION 28 – DAYS AND HOURS OF WORK
UCOA 53 of 56 2023-2027 MOU
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
assignment shall not exceed one (1) year.
SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS
UCOA 54 of 56 2023-2027 MOU
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 assignment 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.
SECTION 32 - DEFINITIONS FOR SERVICE AWARDS AND
VACATION ACCRUALS
UCOA 55 of 56 2023-2027 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 Understanding 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.
The Association understands and agrees that the County and/or District is not
SECTION 35 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
UCOA 56 of 56 2023-2027 MOU
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 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.
35.4 Duration of Agreement. This Agreement shall continue in full force and
effect from July 1, 2023, to and including June 30, 2027. 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.
UNITED CHIEF OFFICERS ASSOCIATION
ATTACHMENT
ATTACHMENT A CLASS & SALARY LISTING
UNITED CHIEF OFFICERS ASSOCIATION
CLASS AND SALARY LISTING
Effective August 1, 2023
Job Code Class Title
Flex Staff (F) /
Deep Class (D)From To
RPHE*Battalion Chief-40 Hour 16,550.35 18,246.76
RPHA*Battalion Chief-56 Hour 16,550.35 18,246.76
RPHD*Chief Fire Emergency Med Svcs 16,574.08 18,272.92
Salary Range
*All classifications are Safety
1 of 1
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 .............................................................................................. 12
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 ....................... 39
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 ........................................................................................ 47
Communicating With Employees .................................................................................. 5
Compensation Complaints .......................................................................................... 44
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............................................................................... 48
Definitions ..................................................................................................................... 2
Definitions (Days and Hours of Work) ......................................................................... 52
Definitions (Leave of Absence) ................................................................................... 25
Definitions for Service Awards and Vacation Accruals ................................................ 54
Page 2 of 4
Dental Plan ................................................................................................................. 29
Dependent Care Assistance Program ......................................................................... 34
Designated Workweek and Work Schedules .............................................................. 52
Designation of Assignments ....................................................................................... 53
Discrimination Prohibited .............................................................................................. 7
Dismissal, Suspension, Demotion And Reduction in Salary ....................................... 39
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 ................................................................................... 49
Effective Resignation .................................................................................................. 38
Emergency Recall and Standby Differential ................................................................ 52
Employee Representation Rights................................................................................ 45
Entrance Salary ............................................................................................................ 9
Extended Coverage .................................................................................................... 32
Fifty-Six (56) Hour Employees .................................................................................... 17
Forty (40) Hour Employees ......................................................................................... 17
General Administration – Leaves of Absence ............................................................. 23
General Provisions ...................................................................................................... 17
General Terms (Certification Requirements) .............................................................. 48
General Terms (Holidays) ........................................................................................... 16
Group Health Plan Coverage ...................................................................................... 27
Health and Welfare, Life and Dental Care .................................................................. 28
Health Care Spending Account ................................................................................... 34
Health Plan ................................................................................................................. 28
Holidays ...................................................................................................................... 15
Holidays Observed ...................................................................................................... 16
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
Page 3 of 4
List of Employees with Dues Deduction ........................................................................ 7
Long-Term Disability Insurance .................................................................................. 34
Longevity Pay ............................................................................................................. 48
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 ....................................................................................................................... 47
Military Leave .............................................................................................................. 24
Name ............................................................................................................................ 4
No Strike ..................................................................................................................... 44
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 ..................................................................................................... 14
Permanent Part-Time Employees ............................................................................... 16
Personnel Management Regulations .......................................................................... 56
PERS Long Term Care ............................................................................................... 33
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 ...................................................................................................... 18
Purpose ...................................................................................................................... 18
Rate Information ......................................................................................................... 31
Recognition ................................................................................................................... 4
Regular Appointment .................................................................................................. 36
Reinstatement From Family Care/Medical Leave ....................................................... 27
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 Arbitration Decisions .................................................................................... 43
Scope of Agreement ................................................................................................... 55
Scope of Agreement & Separability of Provisions ....................................................... 55
Seniority Credits.......................................................................................................... 38
Separability of Provisions ............................................................................................ 55
Service Awards ........................................................................................................... 54
Sick Leave .................................................................................................................. 18
Sick Leave Incentive Plan ........................................................................................... 22
Skelly Requirements ................................................................................................... 40
Special Assignment Pre-Approval............................................................................... 52
Suspensions Without Pay ........................................................................................... 41
Time Reporting and Pay Practices Waiver ................................................................. 54
Training ....................................................................................................................... 49
Unauthorized Absence ................................................................................................ 28
Unfair Labor Practice .................................................................................................. 55
Uniform Allowance ...................................................................................................... 47
Use of District Buildings ................................................................................................ 6
Vacation Accrual Rates ............................................................................................... 17
Vacation Allowance for Separated Employees ........................................................... 18
Vacation Buy Back ...................................................................................................... 18
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
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 08/25/2023 by the following vote:
AYE:5
John Gioia
Candace Andersen
Diane Burgis
Ken Carlson
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2023/411
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 in its capacity as the 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, 2023
through June 30, 2027, for those classifications represented by the United Chief Officers Association is ADOPTED. A copy of
the MOU is attached.
Contact: David Sanford, Chief of Labor Relations
(925-655-2070)
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: August 25, 2023
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
RECOMMENDATION(S):
ADOPT Resolution No. 2023/411 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, 2023 through June 30, 2027.
FISCAL IMPACT:
The estimated yearly increase in salary costs of the negotiated contract is $384,000 for 2023/24; $326,000 for FY 2024/25; $342,000 for FY
2025/26 and $360,000 for FY 2026/27. Rolling in the 5% Emergency Recall and Standby differential into base pay will increase benefit costs in
the amount of approximately $360,000 over the four year contract term. The 2.5% differential for the Chief of Emergency Medical Services will
cost approximately $8,800 per year. The increases in vacation leave and sick leave may have an incidental cost depending on the amount of
backfilling. The vacation buyback benefit's cost is dependent on usage.
BACKGROUND:
United Chief Officers Association (UCOA) began bargaining with Contra Costa County Fire Protection District on April 17, 2023. An
agreement was reached on August 14, 2023 and ratified by the Association on August 16, 2023.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/25/2023 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: David Sanford, Chief of Labor Relations
(925-655-2070)
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: August 25, 2023
, 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:Monica Nino, County Administrator
Date:August 25, 2023
Contra
Costa
County
Subject:Memorandum of Understanding between CCC Fire Protection District and United Chief Officers Association (UCOA)
BACKGROUND: (CONT'D)
The resulting Memorandum of Understanding (MOU), which is attached, includes modifications to the bargaining unit, wages and other
benefit changes. In summary, those changes are as follows:
Term (Section 35.4)
The term of the agreement is July 1, 2023 – June 30, 2027.
Salaries (Section 5.1)
Effective August 1, 2023, base rate of pay will be increased by 6.25%.
Effective July 1, 2024, base rate of pay will be increased by 5%.
Effective July 1, 2025, base rate of pay will be increased by 5%.
Effective July 1, 2026, base rate of pay will be increased by 5%.
Management Complaint Procedure (Section 19)
Replaces Adjustment Board with Mediation.
Payment (Section 5.14)
Employees can elect to receive an advance online using Employee Self Service during specified
timeframes.
Seniority Credits (Section 16.5)
Strikes reference to education credits.
Educational Inventive Program (Section 26.4)
Modified language to remove redundant language and process.
Vacation Leave (Section 10.5)
Increases accrual rates for 56 hour employees in existing service tiers and creates new lower service
tiers.
Sick Leave (Section 11)
Increases accrual rates for 56 hour employees from 12 hours per month to 15 hours per month.
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.
Emergency Recall and Standby (Section 26.8)
Eliminates the existing 5% differential by rolling it into base pay for all classifications represented by
UCOA.
Chief, Fire Emergency Medical Services Differential
Creates a 2.5% differential for the possession and maintenance of a valid State of California
Emergency Medical Technician - Paramedic license.
Re-ordered, re-numbered, and cleaned-up MOU sections as needed.
Historically, changes to the pay and benefits of the unrepresented management employees of the Contra Costa County Fire Protection
District have been approved at the same time as increases for UCOA. Because compensation for local agency executives cannot be
considered at a special meeting, proposed changes for unrepresented fire management will be considered at the regularly scheduled Board
of Supervisors meeting on September 12, 2023 with a proposed effective date of August 1, 2023.
CONSEQUENCE OF NEGATIVE ACTION:
Employees will be without a contract which may cause labor issues.
AGENDA ATTACHMENTS
Resolution 2023/411
UCOA MOU
MINUTES ATTACHMENTS
Signed Resolution No. 2023/411