HomeMy WebLinkAboutFirefighters (IAFF) MOU - 2013-2014m
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THE FIREFIGHTERS
LOCAL 2805, IAFF
July 1, 2013 - June 30, 201�
TABLE OF CONTENTS
GILROY FIRE
IAFF, LOCAL 2805
ARTICLE /SECTION
DESCRIPTION
PAGE NUMBER
ARTICLE I
PARTIES TO THE AGREEMENT
1
ARTICLE II
RECOGNITION AND SCOPE
1
ARTICLE III
CITY RIGHTS
1
Section A
In General
1
Section B
Rights Enumerated
1
Section C
Employee Rights Not Impaired
2
Section D
Rights of Local 2805
2
ARTICLE IV
SALARIES AND OTHER COMPENSATION
3
Section A
Salaries
3
Section B
Retirement Contribution
_ 4
Section C
Educational Incentive
5
Section D
Overtime
5
Section ,E
Holiday Pay
7
Section F
Bilingual Policy
7
Section G
Fire Staff Positions
7
Section H
Higher Class Pay
7
Section I
Temporary Appointments
8
Section J
Actina Fire Division Chief Assignments
8
Section K
Paramedic Pay
9
Section L
FLSA Premium
9
ARTICLE V
BENEFITS
10
Section A
Medical and Dental Insurance
10
Section_ B
Life Insurance
11
Section C
Long Term Disability Insurance
11
Section D
Longevity Recognition for Retirees
11
Section E
Joint Exploration of CalPERS Retiree
Medical Trust
12
ARTICLE VI
LEAVES
13
Section A
Vacation Leave
13
Section B
Sick Leave
13
Section C
Bereavement Leave
14
Section D
Holiday Leave
14
Section E
Personal Leave
14
Section F
Familv Sick Leave
15
Section G
Shift Trades
ARTICLE VII
MISCELLANEOUS
15
Section A
Uniform Allowance
15
TABLE OF CONTENTS
GILROY FIRE
IAFF, LOCAL 2805
ARTICLE /SECTION
DESCRIPTION
PAGE NUMBER
Section B
Physical Examinations
17
Section C
Physical Fitness Program
18
Section D
Employee Assistance Program
19
Section E
Station House Fund
19
Section F
Authorized Deductions
19
Section G
Conversion Rates
20
Section H
Residency Requirements
22
Section I
Compensatory Time Off
_ _ 22
Section J
Hair Regulations
23
Section K
Agenda Items
23
Section L
Discretionary Leave _
23
Section M
_
Employee Union Leave
24
Section_ N
Acting Qualifications
24
Section O
Promotional Procedures
24
Section P
Self Contained Breathing Apparatus
24
Section_ Q
Layoff
25
Section R
Shift Adjustment/Alignment
25
Section S
Probationary Period
25
Section T
Internet & E -mail Policy
26
Section U
Tobacco Policy
26
Section V
Drug and Alcohol Policy
26
Section W
DMV Pull Notice Program
27
Section X
Tuition Reimbursement
27
Section Y
Payroll Date and Direct Deposit
27
ARTICLE VIII
GRIEVANCE PROCEDURE
28
ARTICLE IX
PARAMEDICS
33
Section A
Paramedics Continuing Education Classes
33
Section B
Fulfillment of Paramedic Requirements By
Existing Employees
33
Section C
Condition of Employment Firefighter
Paramedics
34
Section D
Support Paramedic Positions
36
Section E
Other Stipulations
37
ARTICLE X
STAFFING
38
Section A
Fire Apparatus Definitions
38
Section B
_
Additional Definitions
39
Section C
Strike Teams
41
TABLE OF CONTENTS
GILROY FIRE
IAFF, LOCAL 2805
ARTICLE/SECTION
DESCRIPTION
PAGE NUMBER
Section D
Callback
41
Section - E
Annudi Shift Sid
41
Section F
Relief Personnel
42
Section G
Transfers
42
ARTICLE X1
PEACEFUL PERFORMANCE
44
ARTICLE X11
FULL UNDERSTANDING
45
ARTICLE Xill
SAVINGS PROVISION
45
JARTICLE XIV
ITERM
461
MOU EXHIBIT LIST
MEMORANDUM OF UNDERSTANDING
IAFF, LOCAL 2805 AND THE CITY OF GILROY
JULY 19, 2013 — JUNE 309 2014
'X171
Exhibit A
DESCRIPTION
Salary Schedule
Exhibit B
Standard Operating Procedure Division
II, Personnel; Article 11, Administrative
Staff Captain
Exhibit C
Periodic Medical Evaluation Protocol
Exhibit D
Light/Modified Duty Policy
Exhibit E
Physical Fitness Program
Exhibit F
Grooming Standards
Exhibit G
Internet/E -Mail Policy
Exhibit H
No- Smoking/Physical Condition Contract
Exhibit I
No- Tobacco Use /Physical Condition
Contract
Exhibit J
Drug & Alcohol Policy
Exhibit K
Paramedic Contract — Existing Personnel
Exhibit L
Paramedic Contract — Existing
(Sponsored) Personnel
Exhibit M
Employment Contract — New Hires
Exhibit N
2013 -2014 Fire Shift Schedules
ARTICLE I. PARTIES TO THE AGREEMENT
This Memorandum of Understanding is jointly prepared and
executed by representatives of the City of Gilroy
(hereinafter CITY) and the Gilroy Firefighters Local 2805
(hereinafter Local 2805) for presentation to, and
consideration by, the City Council of CITY.
ARTICLE II. RECOGNITION AND SCOPE
CITY hereby recognizes Local 2805 as the recognized employee
organization for purposes of Government Code 3500 et seq.
and the Employer /Employee Relations policy of CITY. Such
recognition shall extend only to the representation of
employees holding permanent positions in the Fire Unit.
ARTICLE III. CITY RIGHTS
Section A: In General: All CITY rights and functions,
except those which are expressly abridged by this agreement,
shall remain vested with CITY.
Section B: Rights Enumerated: Nothing in this Agreement
shall be construed to restrict any legal or inherent
exclusive CITY rights with respect to matters of general
legislative or managerial policy which include but are not
limited to: the right to determine the mission of its
constituent sections; set standards of selection for
employment and promotion; train, direct and assign its
employees, including mandatorily transfering employees
consistent with Article IV; require overtime work; take
disciplinary action, subject to the employees' right to
appeal; relieve its employees from duty because of lack of
work or for other legitimate reasons; maintain the
efficiency of the CITY operations; determine the methods,
means and personnel by which CITY operations are to be
conducted; determine the content of job classifications;
take all necessary actions to prepare for and carry out its
mission in emergencies; and exercise complete control and
discretion over its organization and the technology of
performing its work.
City has the right to make reasonable rules and regulations
pertaining to employees consistent with this Agreement.
Page 1 of 46
The parties recognize the firefighter, engineer, captain,
and paramedic skills sets have and will continue to change
over time. The parties recognize that the City has the
right to impose skills that a Federal, State, or County
agency requires for any Departmental program's continued
certification or operation, including mutual aid, as well as
those skills required to maintain the efficient operation of
the Department. Paramedics and EMTs shall operate to the
full extent of the State scope of practice as adopted and
authorized by the Santa Clara County EMS Agency and the
Gilroy Fire Department.
Section C: Employee Rights Not Impaired: The exercise of
CITY management rights shall not preclude grievants from
presenting a grievance in accordance with Article IX,
concerning an adverse effect of the exercise of such rights
upon him; provided, however, the basic right of management
to act hereunder or make decisions is unimpaired.
Section D: Rights of Local 2805:
(1) This Agreement is not intended to restrict the right of
CITY to consult with Local 2805 regarding matters
within the right of CITY to determine.
(2) Except as specifically provided herein, nothing herein
shall abridge or impair any rights granted to Local
2805 by Government Code Section 3500 -3510 or City
Charter Provisions. However, contract grievances shall
be processed according to the Grievance Procedure
(Article X) rather than the Human Resources Rules and
Regulations.
(3) Association Meetings. The Association agrees that
Association meetings shall not interfere with duty time
and that personnel shall not attend Association
meetings on duty time. The Association shall not hold
meetings at work locations.
(4) Bulletin Boards. The Association may use designated
portions of City bulletin boards in City facilities
which have employees in the representation unit for
which the employee organization is recognized.
a. Subject to the provisions contained herein, the
following type of Association notices and
announcements listed below may be posted on the
bulletin boards: Meetings, elections, welfare,
recreational and social affairs, and such other
notices as may be mutually agreed upon between the
Association and the Fire Chief or designee.
Page 2 of 46
b. All posted material shall identify the Association
as the source of the material. Copies of all
material to be posted must be filed with the Fire
Chief or Designee, who shall have the sole and
exclusive right to order the removal of any
objectionable material.
c. The Fire Chief or designee shall notify the
Association and the Human Resources Director of any
material ordered removed. The Association shall be
given the opportunity to revise the material to
delete the objectionable section or sections.
d. The City reserves the right to determine where the
bulletin boards shall be placed and what portion of
such bulletin boards are to be allocated to employee
organizations.
e. Failure of the Association to abide by the
provisions of this Article shall result in the
forfeiture of the Association's right to have
materials posted on City bulletin boards. The City
agrees it will not exercise its rights provided
herein in an arbitrary and capricious manner.
ARTICLE IV. SALARIES AND OTHER COMPENSATION
Section A: Salaries: Salary schedules in effect on June 30,
2013 shall be increased by one -half (0.50) percent effective
July 1, 2013 for all bargaining unit members. This increase
is shown in the attached Salary Schedule., attached hereto as
Exhibit "A."
The job classification of "Firefighter II" and "Firefighter
II Lateral" shall be the F31 Salary Range. The job
classification of "Firefighter I" and "Firefighter I
Lateral" shall be 950 of the Fire Monthly Salary Schedule
Step A for Firefighter II. Firefighter I salary ranges,
therefore, shall be F30 as shown in Exhibit "A."
Firefighter I personnel who meet the MQ for the F31 salary
range, will be reclassified to the F31 salary range for the
pay period following reclassification. For example, a
Firefighter I receiving.a F30 Step C salary who successfully
meets the Firefighter II MQ will receive an F31 Step C
salary for the pay period following written notification of
satisfying the Firefighter II MQs. Changes in classification
and corresponding pay increase will not replace or
substitute any pay increases or scheduled step increases
currently designated within the MOU.
Page 3 of 46
The rank of Firefighter I and II, and Firefighter I and II
Lateral, shall be the classifications used for the purpose
of designating paramedics. Employees in the classifications
of Fire Engineer or Fire Captain will not be designated as
Paramedics. However, they can be designated as "Support
Paramedics" consistent with the description provided in
Article XIII, Section D.
Section B: Retirement Contribution:
Fire Safety CalPERS Group:
® Tier One - Fire Safety Employees Hired Prior to January 6,
2011
The city shall provide the 3% at 55 CalPERS retirement plan
(Government Code Section 21363.1) for Local 2805 employees in
the Fire Safety CalPERS Category that were hired to a full -
time Fire Safety position with the city of Gilroy prior to
January 6, 2011. Effective July 1, 2013, the employee shall
pay the nine (9 %) employee contribution as a pre -tax payroll
deduction pursuant to IRC 414(h)(2). The plan shall include:
• One (1) year Final Compensation - pursuant to CA
Government Code Section 20042
• Credit for Unused Sick Leave - pursuant to CA
Government Code Section 20965
• 4th Level 1959 Survivor Benefit - pursuant to CA
Government Code Section 21574
• Military Service Credit - pursuant to CA Government
Code Section 21024
• Death Benefit - pursuant to CA Government Code Section
21620
O Tier 2 - Fire Safety Employees Hired On or After January 6,
2011, but Prior to January 1, 2013 and Classic Members Hired
On or After January 1, 2013
The city shall provide the 2% at 55 CalPERS retirement plan
for Local 2805 employees in the Fire Safety CalPERS category
that were hired to a full -time Fire Safety position with the
city of Gilroy on or after January 6, 2011, but prior to
January 1, 2013 OR to employees hired to a full -time position
on or after January 1, 2013 who are categorized as a "classic"
member of CalPERS. The employee shall pay a seven (70)
employee contribution as a pre -tax payroll deduction pursuant
to IRC 414(h)(2). Three year average final compensation is
included with this formula. The plan shall include:
o Credit for Unused Sick Leave - pursuant to CA
Government Code Section 20965
Page 4 of 46
• 4th Level 1959 Survivor Benefit - pursuant to CA
Government Code Section 21574
• Military Service Credit - pursuant to CA Government
Code Section 21024
• Death Benefit - pursuant to CA Government Code Section
21620
• Tier 3 -
2013 Cat,
M
The city shall provide the 2% at 57 CalPERS retirement plan
for Local 2805 employees in the Fire Safety CalPERS category
that were hired to a full -time Fire Safety position with the
city of Gilroy on or after January 1, 2013 who are categorized
as a "new" member of CalPERS. Employees in this category
shall have a pre -tax payroll deduction for 50% of the total
normal cost of the plan as identified annually by CalPERS.
This employee payroll deduction amount may change from year to
year as required by PEPRA. Three year average final
compensation is included with this formula. The plan shall
include:
o Credit for Unused Sick Leave pursuant to CA
Government Code Section 20965
0 4th Level 1959 Survivor Benefit - pursuant to CA
Government Code Section 21574
o Military Service Credit - pursuant to CA Government
Code Section 21024
o Death Benefit - pursuant to CA Government Code Section
21620
For example, for fiscal year 2014, Local 2805 employees
categorized as a "new" member of CalPERS have a pre -tax
payroll deduction of 8.25% which is 50% of the total normal
cost of the plan as identified by CalPERS.
Section C: Educational Incentive:
1. Effective July 1, 1997, the Educational Incentive
program as set forth above was eliminated.
Concurrently, base salaries were increased by 7.5 %.
Section D: Overtime:
1. Overtime shall be paid for hours worked in excess of
normally scheduled work hours=:
2. The normal workweek for shift employees shall be the
current 56 -hour work schedule commonly referred to as
the "2 -4 schedule" and shown in Exhibit N "Shift
Page 5 of 46
Schedule." However, it shall not be a violation of this
section for an employee to move between shifts or
schedules (e.g., through transfer or relief) or the
assignment to a 40 -hour work schedule. All overtime
for shift employees shall be paid at the 1.5 rate based
on a fifty -six (56) hour work week. Built -in overtime
incurred based on fifty -six (56) hour work week
schedule hours fifty -three (53) through fifty -six (56)
shall continue to be paid at the 1.5 rate and not by
granting compensatory time off (CTO). All overtime for
employees on a forty hour assignment shall be paid at
the 1.5 rate based on a forty (40) hour work week.
3. Minimum callback for overtime assignments shall be two
(2) hours. Call back minimums shall be paid only when
the employee is required to return to work for overtime
assignments not contiguous to their regularly scheduled
work hours.
4. Overtime increments shall be:
Time Worked Overtime Credited
0 - 14 0
15 - 30 1/2 hour
31 - 60 1 hour
61 - 90 1 1/2 hours
ETC.
5. Court Standby: Unit employees required to standby to
testify in their capacity as a City employee shall be
compensated upon the following basis and at the option
of the Fire Chief or his /her designated staff.
(a) The employee standing by at his /her residence and
vicinity shall be reimbursed at one -half (1/2) of
the amount of his regular hourly pay.
(b)Or the employee shall be called back to duty and be
reimbursed at the appropriate hourly pay.
6. Training: The City may provide training or classes to
employees in the Department. Any employee required by
the City to attend training during off -duty hours will be
compensated at the appropriate rate, for their
participation. Non - required training shall not be
compensated. Attendance outside of regular working hours
at specialized or follow -up training mandated by state
law for certification, or mandated to fulfill any
obligation placed on City employees by the County or
State, shall not be considered "required by the City."
Page 6 of 46
However, for those employees required to maintain a
paramedic certification as a condition of employment,
required continuing education courses shall constitute
required training if the employee's attendance at the
training course is approved in advance of the training.
7. Overtime Committee: Fire Administration has adopted an
overtime policy. (SOP Division II, Article 15)
Section E: Holiday Pay: The CITY shall observe twelve (12)
holidays per year. Employees shall be compensated for these
holidays based upon sixteen (16) hours of a twenty =four (24)
hour shift. The compensation shall be added as a
differential of 6.6% of every employee's base monthly
salary.
Section F: Bilingual Policy: Effective July 1, 1997, those
members of the Fire Unit who demonstrate the ability to
effectively communicate in both Spanish and English shall
receive an additional four percent (4.G %) of their
respective base salaries.
SECTION G: Fire Staff Positions: Employees in the
classifications of Firefighter, Fire Engineer or Fire
Captain assigned to forty (40) hour per week staff
position(s) for 160 hours or greater over a thirty day
period (i.e. new hire Academy Instructor) shall receive an
additional five percent (5 %) of their respective base
salary. Employees assinged to a long -term assignment (i.e.
Administrative Staff Captain)for one (1) month or more shall
receive an additional five percent (5 %) of their respective
base salaries and shall be assigned to work 2080 hours per
year or 173.33 hours on average per month. The
Administrative Staff Captain assignment is explained in
Standard Operating Procedure Division II, Personnel; Article
17, Administrative Staff Captain (Attached as Exhibit B).
SECTION H: Higher Class Pay: Employees assigned to work in
a higher job classification shall be paid at the salary
step in the higher salary range that equates to at least a
five (5 %) percent base pay increase for the time served in
the higher classification. Given the training criteria that
must be demonstrated prior to being eligible for higher
class assignments, higher class pay shall begin with the
first shift formally assigned.
Page 7 of 46
The higher class pay as described above shall apply to
Firefighters assigned to drive and operate any apparatus
requiring a Class B license and Firefighters assigned to
drive and operate a Wildland Type 6 fire apparatus. The
Fire Chief shall determine the yearly time frame and hours
for these assignments so as to meet the needs of the
Department and to retain operational flexibility.
Assignments shall be made by the Fire Division Chief and may
be for less than a full shift.
Except when staffing the Type 3 or Type 6 (in task force
configuration) or the Rescue /Medic, a Firefighter
(Paramedic) assigned to work in a higher class shall not act
as the primary Paramedic.
SECTION I: Temporary Appointments: Employees temporarily
appointed to a vacant higher classification for what is
expected to be more than one month shall be paid at the
salary step in the higher salary range that equates to at
least a five (5 %) percent base pay increase for the duration
of the temporary appointment.
SECTION J: Acting Fire Division Chief Assignments:
Employees in the job classificaiton of Fire Captain are
eligible to be considered for an Acting Division Chief
assignment. Prior to being considered for this assignment,
the Fire Captain must successfully complete a qualification
process to demonstrate Duty Chief competencies (Reference
SOP Division I, Article 8). Once approved by the Fire Chief
for Acting Division Chief assignments, employees in the
classfication of Fire Captain assigned by the Fire Chief as
the Acting Division Chief shall be compensated as follows:
a. Fire Captains shall be paid five (5 %) percent of base pay
as higher class pay for hours worked in the capacity of
Fire Division Chief provided this total compensation
places them within the pay range of the Division Chief
position. If with the five (5 %) percent higher class pay
the Captain's total cash compensation is below the entry
point of the range for Fire Division Chief, then the
bottom of the pay range shall be paid for the hours
worked.
b. If the hours worked are in addition to Captain's normal
shift schedule and are, therefore, in an overtime
capacity, the Captain shall be paid the five (5 %) percent
differential noted above and will be paid at an overtime
rate.
c. The Fire. Chief shall set the standards for the Fire
Division Chief assignment. Further, once the Fire
Page 8 of 46
Captain agrees to the Acting Division Chief assignment
for specificed times /days, he /she is obligated to the
assignment regardless of subsequent overtime
opportunities to fill a vacant Fire Captain shift. The
Fire Chief will establish appropriate, processes to
implement the above stated program. (Reference SOP
Division I, Article 8)
SECTION K: Paramedic Pay:
1. Firefighter I and II Paramedic Differential Pay is 11%
of the employee's base pay. Firefighter I and II
Paramedics and Support Paramedics appointed by the Fire
Chief shall receive the Paramedic Differential Pay for
a minimum of 90 days. Continued receipt of differential
pay will be dependent on compliance with all stipulated
requirements in Article XIII of this agreement. If the
stipulated requirements are complied with between the
1st and the 15th of the month, Paramedic Differential
Pay will begin accruing the lst of that month. If the
stipulated requirements are complied with between the
16th and the last day of the month, the Paramedic
Differential Pay will begin on the lst of the following_
month.
2. Support Paramedics shall receive 6% Support Paramedic
Differential Pay. Support Paramedic Differential Pay
shall be calculated as 6% of the employee's base
salary.
SECTION L: FLSA Premium:
Bargaining unit members shall receive monthly compensation
of 2.27% of total pay (base plus differentials such as
holiday pay, paramedic pay, and /or bilingual pay) to satisfy
the City's obligatory payment of overtime hours worked
during the current 27 day FLSA duty cycle. Overtime
compensation is not PERSable.
Page 9 of 46
ARTICLE V. BENEFITS
Section A: Medical and Dental Insurance:
1. City Contributions.
A. As of January 1, 2013, the City shall contribute
up to the following amounts to each employee in this
Unit for the purpose of purchasing health insurance
type benefits:
Employee Only $605.52
Employee + 1 $1,198.39
Employee + 2 or more $1,599.07
The above contribution amounts include the mandatory
PERS Public Employees Medical and Hospital Care Act
( "PEMHCA ") contribution and mandatory Delta. Dental
Contribution.
B. Effective January 1, 2014, the City contribution
shall increase up to the following amounts to each
employee in this Unit for the purpose of purchasing
health insurance type benefits:
Employee Only $635.80
Employee + 1 $1,258.31
Employee + 2 or more $1,679.02
The above contribution amounts include the mandatory
PERS PEMHCA contribution and the mandatory Delta Dental
contribution.
2. The contribution amount that the employee qualifies to
receive is based upon the number of individuals that
the employee enrolls in a medical plan (i.e., Employee
Only, Employee plus One, or Family).
3. Employees may also purchase other insurance benefits
through the § 125 Plan and have the cost of those
benefits deducted from their paycheck.
4. The employee may waive medical insurance under this
program provided they show proof of other medical
coverage. Dental coverage cannot be waived. The
employee must enroll himself or' herself, along with
qualifying dependents, in the Delta Dental plan.
Page 10 of 46
5. If an employee waives medical benefits pursuant to
Paragraph 4, above, the employee may purchase other
insurance benefits with any remaining § 125
contribution amount. Effective upon adoption of this
agreement, the employee can also opt to receive a cash
payment for up to the employee only contribution less
the medical contribution allocation required by CalPERS
and the Delta Dental Contribution.
6. The parties share an interest in addressing the
increase in the cost of PEMHCA benefits. To that end,
the parties agree that the City may contract with
different health benefit providers, consortia, or
groups to provide health coverage that is equivalent to
that provided under PEMHCA. If either the benefits
provided or the rate structure in place between active
and retired employees is not equivalent to that
provided under PEMHCA, then the City shall meet and
confer with the Union prior to contracting with the
alternate provider, consortia, or group.
Section B: Life Insurance: The City shall provide a Thirty
Thousand ($30,000) dollar life insurance policy for unit
members.
Section C: Long Term Disability Insurance: The CITY shall
contribute the full premium for LTD Insurance not to exceed
Twenty -Five dollars ($25.00) per employee per month towards
a mutually acceptable Long Term Disability Insurance.
Program. Payment will be made to Local 2805 on a monthly
basis, for payment on long term disability insurance
premiums. The City assumes no responsibility to Local 2805.
Section D: Longevity Recognition for Retirees:
1. Unit employees hired prior to January 1, 2006 who
are fifty (50) or more years old and retire from
City service with a minimum of fifteen (15) years of
service with the City and begin collecting a PERS
service or disability pension within ninety (90)
days after separation from City service shall be
eligible to receive the following post- retirement
benefit until reaching the age of sixty -five (65):
The former employee (a PERS annuitant) shall receive
$15 per month per year of City of Gilroy service not
to exceed three hundred ($300) dollars per month.
Page 11 of 46
2. Unit employees hired after January 1, 2006 who are
fifty (50) or more years old and retire from City
service with a minimum of twenty (20) years of
service with the City and begin collecting a PERS
service or disability pension within ninety (90)
days after separation from City service shall be
eligible to receive the following post - retirement
benefit until reaching the age of sixty -five (65):
The former employee (a PERS annuitant) shall receive
$15 per month per year of City of Gilroy service not
to exceed three hundred ($300) dollars per month.
3. Should an employee qualify for a
Retention /Recognition Incentive benefit, the benefit
payment will begin after one full calendar month
following retirement from city of Gilroy employment.
For example, if an employee retires on July 10, 2013
and qualifies for a Retention/ Recognition Incentive
benefit, that benefit will begin in the month of
September.
SECTION E. Joint Exploration of CalPERS Retiree Medical
.Trust
1. The City and Local 2805 agree to share the cost to
obtain a valuation report to find out what it
would cost to fund post employment health benefits
via the Other Post Employment Benefit (OPEB) Trust
offered through CalPERS. The agreement is to
gather information only and just because the City
is paying for a portion of the study, there is no
agreement or obligation from the City to pay for
any cost of the benefit.
2. The City shall contribute up to $2,750 toward the
cost of the valuation report. This amount shall
go toward a plan design meeting, valuation reports
on two employee funded plan designs, and a final
presentation of information. Any expenses that
exceed a total cost of $5,500 (split by the two
parties) shall be at the expense of Local 2805.
Further, Local 2805 shall pay for any valuations
for plan designs in excess of the two employee
funded designs noted above.
Page 12 of 46
ARTICLE VI. LEAVES
Section A: Vacation Leave:
Eligible employees accrue vacation depending on the length
of time they have been employed with the City. The maximum
accrual is two .times annual accrual rate.
Years
Monthly
Yearly Accrual
of
Hours
Service
Accrued
1 -5
12.00 Hours
Six 24 -hour shifts/
144 hours
6 -15
18.00 Hours
Nine 24 -hour shifts/
216 hours
15+
24.00 Hours
Twelve 24 -hour shifts/
288 hours
On a trial basis during fiscal year 2014 only, employees
will be allowed to utilize vacation leave in twelve
hour blocks in addition to the twenty -four hour block
that is currently allowed. The trial will end on June
30, 2014 unless this provision is extended in a
successor MOU.
Section B: Sick Leave:
a. Employees accrue 12 hours per month.
b. Unlimited sick leave accumulation. Credit for unused
sick leave provided through CalPERS.
C. Sick Leave Incentive Program
Goal: Reduce sick leave used, overtime costs, and
provide a mechanism for employees to set aside resources
for post - employment expenses.
1. City contribution to 457 plan for a percentage
(see 3. below) of unused sick leave hours earned
in a fiscal year.
2. Calculate hours /$$ in July - August and make plan
contributions in approximately August - September
of each year. Employees must declare each year as
to whether or not they wish to make a 457
contribution to this optional sick leave incentive
Page 13 of 46
program or keep their sick leave hours on the
books.
3. 50% of annual fiscal year accrual not used in that
fiscal year (max of up to 72 hours) contributed to
the plan provided the employee has 1000 sick leave
hours on the books (covers a four month absence)
as of June 21st. The employees sick leave balance
shall be reduced by the hours contributed to the
457 plan.
4. If employee retires from Gilroy with at least 1000
hours of sick leave on the books, 50% of the
employee',s sick leave balance up to a maximum of
727.50 (requires employee to have 1455 hours on
the books at the time of retirement) hours will be
contributed to the program at time of retirement
or paid in cash if the maximum plan contributions
are such that no more dollars can be contributed
in that year. Any remaining sick leave hours that
are not converted to this benefit at the time of
retirement shall be reported to CalPERS in
accordance with the City's CalPERS contract
(Section 20965).
5. Additional guidelines may be developed as needed
to administer the program.
Section C: Bereavement Leave:
a. Bereavement Leave shall provide for an allowance for up
to forty -eight (48) hours per incident. For the
purposes of this section, immediate family members for
whom bereavement leave may be taken are: parents,
brothers, sisters, spouse, natural or legally adopted
children, grandparents, grandchildren, mother -in -law,
and father -in -law.
b. Bereavement Leave may also be granted in the case of
the death of others with whom the employee has a
significant relationship. Such leave shall be granted
at the sole discretion of the City Administrator,
without any right to appeal. (Human Resources Rules and
Regulation - Section IV, Leaves, Page 47)
Section D: Holiday Leave: Should the City Council grant
additional holidays to other employee organizations during
the term of this agreement; Unit employees shall receive an
equivalent holiday increase.
Section E: Personal Leave: Each employee will be granted
personal leave each fiscal year. This leave is credited and
available to the employee on July 1 of each fiscal year and
Page 14 of 46
is not cummulative. Personal leave allotments are as
follows:
a. Either 8 or 16 hours, for forty (40) hour workweek
employees, per fiscal year, based on the new hire start
date and then 16 hours per fiscal year thereafter.
b. 24 hours, for shift schedule employees, per fiscal
year.
c. Each bargaining unit member shall be credited with 24 (16
for the 40 hour per week employee, i.e. Administartive
Staff Captain) additional hours of personal leave time in
fiscal year 2014 only. This discretionary leave can be
utilized at any time duirng the fiscal year provided it's
use does not trigger overtime. The additional personal
leave hours will end on June 29, 2014.
Section F: Family Sick Leave:
a. Unit employees may be granted family illness leave by
the Department Head up to, but not to exceed, four days
per fiscal year (96 hours for Fire Department employees
on 24 hour shifts) to care for sick family members in
accordance with Labor Code Section 233 regarding kin
care. An employees on a 40 —hour work schedule shall be
permitted to use up to 48 hours (500 of annual sick
leave accrual) of family sick leave per fiscal year to
care for sick family members in accordiance with Labor
Code Section 233 regarding kin care.
Section G: Shift Trades
Reference Shift Trade Policy, Division II, Article 18.
ARTICLE VII. MISCELLANEOUS
Section A: Uniform Allowance:
For uniformed members of the Fire Unit:
a. Each new employee will receive a class A uniform; upon
the completion of probation.
b. Each employee will receive Six Hundred Seventy Dollars
($670) uniform allowance per year paid in mid -July.
Newly hired employees shall receive a prorated uniform
Page 15 of 46
allowance during the first year of their employment.
c. Employees with Fire suppression responsibilities will
receive two sets of turnout gear.
d. Uniform Repair and Replacement
1. The City shall reimburse the cost in excess of ten
dollars ($10.00) for repairing the personal uniform,
glasses, and watches, of any unit employee damaged in
the course of their employment for replacing the same
upon certification of the Fire Chief that it cannot be
reasonably repaired. The Fire Chief shall determine
such cost and whether such damage was sustained within
the course of the employment.
2. In considering the cost amount to be given unit
employee for replacement, the Fire Chief shall
determine the use and extent of wear of the damaged
items. Replacement amounts shall be prorated.
3. The maximum amounts reimbursable shall be:
a) Glasses - $150.00
b) Watches - $50.00
c) Uniform Items - replacement cost
4. Requests for repair /replacement shall be made, in
writing, to, the employee's immediate supervisor and
forwarded through the chain of command. The request
shall be accompanied by the damaged articles.
5. The City will provide approved safety work boots once
every two (2) years; or as necessary due to damage (not
normal wear and tear) incurred in the line of duty.
Employees have the option to purchase other brands of
approved safety boots. However, the reimbursable cost
shall not exceed a total of Two Hundred ($250.00)
Dollars.
6. If the employee desires a pair of city- provided
wildland safety boots, a standard brand and type of
boot with a maximum cost of $300 will be identified by
assigned staff (consistent with the department uniform
policy) and approved by the Fire Chief. The wildland
safety boots shall be replaced on an as needed basis as
determined by the Fire Chief or his /her designee. Once -
approval for purchase is obtained, the employee shall
order them from L.N. Curtis, Summit Uniforms, or other
city- approved uniform provider following city
purchasing practices and procedures.
Page 16 of 46
e. Should the City require changes in mandatory uniform
items during the term of this agreement, it shall
assume the additional cost of those changes.
f. By mutual agreement, the City and Local 2805 may reopen
negotiations on the issues of uniforms and /or uniform
allowance during the term of this agreement.
Section B: Physical Examinations:
1. The City will provide members of Local 2805 with a
periodic medical evaluation based on a mutually agreed
upon frequency (some will be annual, others will be
less frequent)(see attached protocol sheet for elements
of the evaluation - attached as Exhibit C) from a
doctor at a medical facility that is selected by the
City after input from Local 2805 is considered. The
City shall attempt to schedule evaluations when the
employee is on duty. If the City is unable to schedule
the ,evaluation when the employee is on duty, the
employee will be paid overtime (1.5 times the regular
rate) for completing the evaluation when off duty. The
City shall work with the medical facility to schedule
medical evaluations throughout the year with the goal
of establishing an annual schedule for the evaluations.
2. The City and Union shall receive documentation from the
medical facility /provider, which indicates the various
examination elements that were completed, and whether
or not the employee completed all elements of the
evaluation. CalOSHA, or other similar outside agency,
required testing results that need to be maintained in
the employee's confidential medical file at the City
shall also be provided such as audiogram results,
hepatitis vaccinations, respiratory evaluations, etc.
Other results or information resulting from the
examination of a preventative health care nature shall
be provided directly to the employee from the medical
provider. For example, if the employee has a high
cholesterol reading, the doctor will advise the
employee directly of the high reading and what could be
done to get that reading down and may also refer the
employee to the employee's personal physician for
follow -up. This type of information will only be
provided to the City anonymously in a report to assess
the general health of the entire group so that the City
may provide health information or training that would
benefit the group as a whole.
Page 17 of 46
3. If the employee is identified as having a medical
restriction that would require them to be restricted
from full duty, the medical provider shall first
contact the employee (speak directly - no detailed
messages) to let them know about the issue and the link
to the employee's ability to perform the essential job
duties. The medical provider shall attempt to reach
the employee at the phone numbers provided by the
employee and shall document their attempts to make
contact with the employee. If after three (3) business
days the medical provider is not able to reach the
employee and /or the employee does not return the
message, the medical provider shall contact the Fire
Chief or Human Resources Director with the purpose of
notifying the City that the employee has been
identified as having a medical restriction that would
require them to be restricted from full duty. Only the
essential information shall be provided to the City so
that the City is able to assess whether or not the
employee could be placed on modified duty and what
follow - up.steps, if any, need to be completed to assess
the situation further.
4. Any medical restriction identified during the
examination that requires an employee to be restricted
from full duty shall result in the employee being
placed on modified duty, sick leave, industrial leave,
or other appropriate leave. If the employee is placed
on industrial leave, the normal industrial leave
practices shall be followed. The City shall evaluate
the restrictions to determine if there is appropriate
modified duty available that the employee is qualified
to perform. This shall be done after a City review of
a Physical Capacities Form completed by the doctor who
conducted the medical evaluation. The Light /Modified
Duty Policy is attached as Exhibit D.
5. An employee placed on modified duty shall be assigned
to a modified duty work schedule of five (5) eight (8)
hour days, however, the employee may work a modified
schedule, such as a four (4) ten (10) hour days, or
other work schedule at the City's discretion.
Section C: Physical Fitness Program: All points earned
through the program will be paid as a financial incentive at
the rate of twenty -five dollars ($25.00) per point to a
maximum of seven hundred and fifty dollars ($750.00) bi-
Page 18 of 46
annually. Fitness Program checks will be issued separate
from the regular payroll check following the Human Resources
Department's receipt of the scoring report from the approved
fitness evaluator. The Physical Fitness Program information
is attached as Exhibit E.
Section D: Employee Assistance Program: The CITY shall
maintain in effect the employee assistance program for the
term of this agreement.,
Section E: Station House Fund: The CITY shall contribute
Fifty ($50) dollars per employee per year to the Station
House Fund. The payment shall be made in a lump sum payable
by July 31 of each year. In addition, the City shall
contribute $6.51 per employee per month to the Station House
Fund. This contribution shall be in lieu of the City's
contribution to the Retiree Medical Insurance Fund [in lieu
of receiving 5% bilingual pay]. This $6.51 Contribution will
be redirected to another fund or account at the Union's
request. Employees are responsible for replacement and
purchase of all silverware, dishes, cooking utensils, pots
and pans.
Section F: Authorized Deductions:
1. The CITY agrees to deduct from the wages of its
employees initiation fees and dues, and to transmit
such monies to the financial secretary of Local 2805.
An employee desiring to have such deductions made shall
sign a proper assignment form conforming to the
requirements of the CITY, subject to the provisions of
applicable law.
2a. Except as otherwise provided herein, each employee who,
on July 1, 2003, is a member in good standing of the
Association shall thereafter, maintain such membership
for the duration of this Agreement, to the extent of
paying the periodic dues uniformly required by the
Union as a condition of retaining membership.
2b. Any employee who, on July 1, 2003, is not a member of
the Union nor any person who becomes an employee after
July 1, 2003, shall not be required to become a member.
Any such employee who thereafter becomes a member of
the organization shall thereafter maintain such
membership for the duration of the Agreement except as
otherwise provided herein.
Page 19 of 46
2c. Any employee who was an Association member, on July 1,
2003, and any employee who subsequently becomes a
member may resign his or her membership, during the
month of May of any year and thereafter shall not be
required to join. Resignations shall be in writing
addressed to the City's Director of Human Resources
with a copy to the Association.
2d. The Association shall indemnify the City and hold it
harmless against any and all suits, claims, demands and
liabilities that may arise out of or by reason of the
application of or implementation of the provisions of
this Article.
Section G: Conversion Rates: Shift employees assigned to
a forty (40) hour work week shall maintain the same fringe
benefits earned on a fifty -six (56) hour work week, as
follows:
1. Work week defined: The work week shall begin at 0800 hrs
Sunday and end at 0759 hrs the following Sunday.
2. Pay Period defined: The pay period shall be 0800 on the
21St of each month to 0759 on the 21St of the following
month.
3. 40 hour schedules (i.e. light duty, staff
assignments /positions, training, etc.) are referred to as
"Days ".
a. Additionally, personnel placed on a short -term "Days"
schedule for reasons other than light duty (e.g.
training or staff assignment /position for less than 30
days) shall follow the time conversion process within
this section.
4. 56 hour schedules are referred to as "Shift ".
5. Personnel assigned to "Days" shall convert hours worked
from 56 to 40 using a factor of 1.4.
6. The employee's Division Chief shall base the total
converted hours to be worked on "Days," to the total
"Shift" hours that the employee would have worked in the
affected pay period pursuant to the employee's regular
"Shift" schedule. Each pay period will be calculated
separately.
Page 20 of 46
7. Every effort, within the confines of this section, will
be made to match the pay period hours with the converted
hours ( "Days "), regular "Shift" hours, or a combination
of both.
8. "Days" are typically limited to .a 40 hour work week.
9. "Days" shall be Monday - Friday unless an alternate work
schedule is approved.
a. An employee may work an alternate work schedule which
requires a defined workweek that varies from the
established workweek noted above (i.e. a 9/80 schedule;
four 8 hour days in week #1 and six 8 hour days in week
#2, within the same pay period; etc.)
b. Pesonnel may request through their Fire Division Chief
an alternate work schedule to meet the hours needed to
match the pay period hours and meet the objectives of
their work assignment. The Fire Division Chief shall
be the final approval of an alternate work schedule.
10. Personnel on "Days" for approximately more than three
,weeks often will not receive FLSA overtime based on hours
worked being less than that required for this
compensation.
11. Any hours worked in excess of the total pay period hours
shall be compensated at time and one half.
12. Once an employee returns to their "Shift" schedule, their
"Days" status is terminated and hours are considered
reconciled.
a. Following a written release to full duty by the
employee's treating doctor, the employee will return to
"Shift" work on their next regularly scheduled "Shift."
13. On a monthly fringe benefit report, employees assigned to
a forty (40) hour week will continue to accrue benefits
based on a fifty -six (56) hour work week.
a. Each hour of Sick Leave used while on a forty (40) hour
work week will result in a 1.5 hour deduction_ from the
accrued Sick Leave hours.
b. Each hour of Vacation used will result in a deduction
from the accrued hours using the appropriate conversion
factor listed below.
1. For the employee who earns six (6) shifts per year,
the conversion factor is 1.285 per hour used.
Page 21 of 46
2. For the employee who earns nine (9) shifts per year,
the conversion factor is 1.35 per hour used.
3. For the employee who earns twelve (12) shifts per
year, the conversion factor is 1.385 per hour used.
i. Each hour earned at a 40 hour rate (1.5 x 1A)
used will result in a 1.4 hour deduction from
the accrued premium O.T. hours.
ii. Each hour earned at a 56 hour rate (1.5) used
will not be multiplied by any conversion
factor.
iii. Each hour of Bereavement Leave used will
result in a 1.60 hour deduction from
Bereavement Leave hours.
iv. Each hour of Personal Leave used will result
in a 1.2 hour deduction from Personal_ Leave
hours.
v. The following formula shall be used to convert
unused sick leave to service credit for PERS
retirement conversion purposes. Total hour
accrued on a fifty -six (56) hour schedule will
be divided on a factor of 1.4 to convert to a
forty (40) hour rate. Two thousand (2,000)
hours will equate to 1 year of service.
14. Personnel on a long -term "Days" assignment (e.g. greater
than 30 days) may have all compensation /benefits /leaves
converted to "Days" if the employee has scheduled leave
time on the calendar.
Section H: Residency Requirement: Employees shall be
required to reside within ninety (90) minutes travel time
from any fire station. Travel time shall be defined as
normal driving time absent any traffic congestion,
accidents, etc. Newly hired employees must conform to this
requirement by the completion of their probationary period.
Only employees living within the twenty (20) minutes radius
of any fire station shall be issued pagers and subject to
call back on general alarms or emergency staffing.
Section I: Compensatory Time Off: Compensatory time off
may be used subject to all normal approval processes by the
Department. If a proper request for compensatory time off
is denied by the Department, the employee will be paid
Page 22 of 46
overtime at the 1.5 rate for the denied compensatory time
off requested and the employee's accrued compensatory time
bank will be reduced by that amount. Employees may accrue
and use up to a maximum of forty -eight (48) hours of
compensatory time off per fiscal year, all time in excess of
forty -eight (48) hours shall be paid.
Section J: Hair Regulations: The CITY and employees shall
observe hair regulations as specified in the attached Gilroy
Fire Department Grooming Standards - attached as Exhibit F.
Hair is to be kept up at all times while an employees is in
public; or when the public could reasonably be expected to
be in the Fire Station.
Section K: Agenda Items: The CITY agrees to distribute
City Council and Personnel Commission Agendas to the union,
concurrent with the earliest distribution to other parties.
The CITY shall provide copies of staff reports, etc.,
dealing with the Fire Department to the Union with' the
Personnel Commission agenda. The City will provide one
complete Council packet to the Association.
Section L: Discretionary Leave:
1. During the months of June, July, August, September- and
including November 21St through January 20th, a minimum
of two (2) bargaining unit employees, exclusive of
chief officers, on each platoon shall be ;permitted off
each day for the purposes of granting discretionary
leave, except as provided below. During all other
months, a minimum of one (1) bargaining unit employee,
exclusive of chief officers, on each platoon shall be
permitted off each day for the purposes of granting
discretionary leave. Vacation bids shall continue to
be filled in accordance with current practice until the
entire vacation entitlement of the bargaining unit has
been accommodated. At the time of the annual vacation
selections process, should any shift require allowing
two (2) firefighters leave for vacation, it shall be
granted. During fiscal year 2014 only, two bargaining
unit members on each platoon shall be permitted off
each day for the purposse of granting discretionary
leave in all months of fiscal year 2014 (July 1, 2013 -
June 30, 2014).
2. In addition, except as noted above, a second bargaining
unit employee shall be permitted to take discretionary
leave on any shift where that absence does not cause
Page 23 of 46
the City to incur overtime expense (e.g., the second
vacation day shall not be available if another
employee's sick leave or other absence would require
the City to fill a staffing vacancy). This Paragraph
shall not become effective until the parties agree to
an assignment procedure pursuant to Article IV, Section
D.6.
3. No other discretionary leave shall serve to increase
the total number of bargaining unit employees allowed
off duty each shift above the number stated above.
Section M: Employee Union Leave:
1. Local 2805 Officers /Representatives shall be allowed to
utilize a cumulative total of one hundred eighty (180)
hours per fiscal year of release time for Local 2805
business and attendance of Local 2805 related functions
including, but not limited to meeting, seminars and
schools. Release time shall be granted subject to
minimum staffing requirements of the Department and is
subject to Department Head and /or City Administrator
approval.
2. Release Time for Contract Negotiations. The City shall
grant release time to four (4) employees for purposes
of meeting and conferring over matters within the scope
of representation under the MMBA. Said release time
shall begin up to two ( 2 ) hours prior to negotiations
and shall end at the close of negotiations.
Section N: Acting Qualifications: In order to qualify for
acting assignments as either Fire Engineer or Fire Captain,
employees shall be required to complete all requirements and
be certified for the acting assignment.
Section O: Promotional Procedures: Employees shall be
notified in advance of promotional examinations, through the
job announcement, of the job requirements, testing and
scoring procedures to be utili -zed and recommended study
materials, if any.
Section P: Self Contained Breathing Apparatus Masks:
Employees shall receive individual SCBA masks.
Page 24 of 46
Section Q: Layoff: The City and Local 2.805 have agreed on
a layoff policy as contained in the City of Gilroy Human
Resources Rules and Regulations dated June 11, 2007.
Section R: Shift Adjustment /Alignment: Those employees
affected shall be given time off for shift adjustment and /or
realignment. This time shall be considered discretionary
time off and the employee shall have the option of
scheduling the time at their convenience. Employees earning
Shift Adjustment /Alignment Time Off shall follow FSLA pay
period guidelines.
Section S: Probationary Period:
All employees hired after July 1, 2003 shall serve an
eighteen (18) month probationary period. All employees
promoted after July 1, 2003 shall serve a twelve (12) month
promotional probationary period. ,
In extraordinary circumstances, the Department may, in its
sole discretion, determine that employees have successfully
completed the probationary period in less than twelve (12)
or eighteeen (18) months, respectively.
Probationary period for Fire union employees shall not be
extended. beyond the time frames noted above with' the
following exception:
1. In extraordinary circumstances, the Department
may, in it's sole discretion, determine that a
probationary period for an employee needs to be
extended. An example of an extraordinary
circumstance includes a death in the immediate
family of the probationary employee that results
in the probationary employee being off work for an
extended period of time. An extended period of
time is defined as thirty (30) or more calendar
days.
2. If an employee is off work for more than thirty
(30) calendar days as described above, the
probationary period shall be suspended during this
time frame and will resume when the employee
returns to work.
Approximately one half (1/2) of the probationary period for
a Firefighter I /II shall be devoted to Firefighter
training /responsibilities; the balance to Acting Engineer
training /responsibilities.
Page 25 of 46
SECTION T: Internet & E -Mail Policy: All members of Local
2805 shall sign -off that they have read and understand the
City's Internet & E -mail Policy (Exhibit G). There are two
exceptions to this policy for Local 2805 members:
1. Local 2805 may use the City e -mail system to announce
meetings or elections. The E-mail systems may also be
used to distribute Local 2805 correspondence and
minutes. E -mails sent pursuant to this policy shall be
addressed to an e -mail Group entitled "Local 2805."
This e -mail Group shall be established by the City and
shall include members of Fire Administration. E -mails
sent pursuant to this policy shall follow the rules
established for 'bulletin board use.
2. The City shall allow limited use of non -City computers
between the hours of 5 p.m. and 8 a.m. of any given 24
hour shift. This limited personal use shall not
violate any other aspect of the policy. Some examples
of an allowable personal use are: receipt and response
to an E -mail communication from a son or daughter to
review a homework assignment from school; use of the
Internet in relationship to a class or training being
taken by the employee; and assisting a child with
research for a homework assignment. The Fire Chief
must approve other examples of allowable uses in
advance.
After adoption of this agreement, the City shall place
a surplus computer in each Fire Station. These
computers may be used for personal purposes as
described above. The City will not support these
computers after installation and the computers will not
be attached to the City network.
SECTION U: Tobacco Policy: Employees hired after January
1, 1987, shall comply with their existing physical condition
and non - smoking contracts. All bargaining unit employees
hired after January 1, 2004 shall sign a physical condition
and tobacco use contract restricting their use of all types
of tobacco. Copies of the above referenced contracts are
attached and marked Exhibit H and I.
SECTION V: Drug and Alcohol Policy: The parties agree that
bargaining unit members are subject to the Drug and Alcohol
policy, which is attached hereto as Exhibit J.
Page 26 of 46
SECTION W: DMV Pull Notice Program: Employees who are
required to operate motorized vehicles on City business are
required to be safe drivers and operate vehicles in a safe
manner. Employees whose positions require that they operate
vehicles on City business, must possess and maintain a valid
California driver's license appropriate for the job and
vehicle(s) to be operated. Employees required. to operate
motorized vehicles on duty must: (1) enroll in the City's
Department of Motor Vehicles Employer Pull - Notice Program,
and (2) the employee must fill out a City specified
enrollment /waiver form directing the DMV to provide the City
with periodic updates of the employee's driving record.
SECTION X: Tuition Reimbursement: Effective July 1, 2013,
Local 2805 members attending accredited community colleges,
colleges, trade schools or universities may apply for
reimbursement of one hundred percent (100 %) of the actual
cost of tuition, books, fees or other student expenses for
pre- approved job- related and career development courses. In
addition, employees attending city- approved, job related
continuing education courses, certification programs, or
training conferences may also receive tuition reimbursement
for the cost of registration, tuition, books, testing,
and /or certifications (including certification renewals).
Course work shall be completed on the employee's own time at
the employee's own expense. Upon successful completion of
the pre- approved class or training program, the employee
shall provide all written documentation on allowable costs
and completion /grade /certification /score, etc. to the Fire
Chief and Human Resources Director for review and
processing. The maximum tuition reimbursement for employees
is $750.00 per fiscal year. Reimbursement is contingent
upon the successful completion of the course. Successful
completion means a grade of "B" or better for undergraduate
and graduate courses, full attendance and completion of the
training program, and a passing score for non- graded
programs that involve certification or testing. All claims
for tuition reimbursement require the pre- approval of the
Fire Chief and the Human Resources Director. Reimbursement
does not carry over from fiscal year to fiscal year and if
not used in a given year the reimbursement for that year is
no longer available. Tuition Reimbursement Request Forms
are available in the Human Resources Department.
Section Y'. Payroll Date and Direct Deposit: Employees are
paid monthly on the last weekday City Hall working day of
the month. All unit employees shall enroll in direct
deposit within sixty (60) days of employment. As of July 1,
2013, all unit employees are enrolled in direct deposit.
Employee shall maintain direct deposit. Employees needing
an exception to direct deposit shall submit a request
stating the reasons for the exception in writing to the
Page 27 of 46
Human Resources Director for consideration. The decision of
the Human Resources Director shall be final.
ARTICLE VIII. GRIEVANCE PROCEDURE
This section represents the parties mutual agreement on a
grievance procedure pursuant to Section 1004 of the City
Charter. This procedure shall supercede any grievance
procedure provided in the Personnel Rules and Regulations.
A. Any dispute between the City and an employee; or, between
the City and the Association, regarding the interpretation
or application of this Memorandum of Understanding shall be
considered a grievance. Additionally, any disciplinary
action that results in a loss of compensation including, but
not limited to, dismissal, demotion, suspension, step
reduction, or loss of incentive pay, shall be grievable. A
grievance may be filed by an employee on their own behalf,
or by the President of the Association, or designated
representative(s). Grievances filed on behalf of the
Association shall initially be filed at Step II.
1. Step I.
a. An employee shall present the grievance in writing, on
forms. provided, either directly or through the
Association representative to the immediate supervisor
within fourteen (14) calendar days following the event or
events on which the grievance is based. The immediate
supervisor shall make whatever investigation necessary to
obtain the facts pertaining to the grievance. Within
seven (7) calendar days after receiving the grievance,
the immediate supervisor shall give the employee a
written reply.
b. If the employee is not satisfied with the reply of the
employee's immediate supervisor, the employee may appeal
the grievance to Step II.
C. Step II. Grievances filed on disciplinary actions (as
defined above) shall be filed at Step II.
d. If the employee desires to appeal the grievance to Step
II, or if a grievance is filed by the Association at Step
II, the grievance shall be presented to the Chief or
designee within seven (7) calendar days following the
receipt of the immediate supervisor's oral reply. The
Chief or designee may refer the grievance to the
appropriate Division Chief.
Page 28 of 46
e. The written grievance shall contain a complete statement
of the grievance, and alleged facts upon which the
grievance is based, the reasons for the appeal, the
remedy requested, and the sections of the agreement
claimed to have been violated, if any. The grievance
shall be signed and dated by the grievant.
f. The Chief or designee may arrange a meeting with the
grievant and appropriate Association representative and
attempt to resolve the grievance. In any event the Chief
or designee shall give a written decision to the grievant
within fourteen (14) calendar days following receipt of
the written appeal to Step II.
g. If the grievant is not satisfied with the, decision, the
grievant may appeal the grievance to Step III.
2. Step III.
a. If the grievant desires to appeal_ the grievance to Step
III,. the grievant shall complete the appropriate appeal
section of the grievance form, sign the appeal, and
present the grievance to the City Administrator within
seven (7) calendar days following receipt of the written
decision at Step II.
b. Within fourteen (14) calendar days after receipt of the
appeal to Step III, the City Administrator or designee
shall hold a meeting with the grievant, the appropriate
Association representative, and the Chief or the
appropriate supervisor to discuss the matter. A written
decision shall be given to the grievant or the
appropriate Association representative within seven (7)
calendar days following the meeting.
c. If the grievant is not satisfied with the decision of the
City Administrator, the appropriate representative of the
Association may appeal the grievance to Step IV --
Arbitration.
3. Step IV - Arbitration
a. If the grievance has been properly processed through the
previous steps of the procedure and not resolved, the
appropriate Association representative may appeal the
grievance to Arbitration. The appropriate Association
representative shall notify the City Administrator, in
writing, within fourteen (14) calendar days following
receipt by the grievant of the written answer at Step
III.
Page 29 of 46
b. Within fourteen (14) calendar days following the receipt
of the notice of appeal to Step IV, a meeting shall be
arranged by the City Administrator with the appropriate
Association representative to prepare a joint statement
of the issue, or issues, to be presented to the
arbitrator. If the parties are unable to agree upon the
issue, or issues, each party will prepare its statement
of the issue, or issues, and jointly submit the separate
statement of issue, or issues to the arbitrator for
determination..
c. The parties may mutually agree upon the selection of the
arbitrator or shall jointly request the State of
California Mediation and Conciliation Service to provide
a list of seven (7) persons qualified to act as
arbitrators.
d. Within seven (7) calendar days following receipt of the
above referenced list, the parties shall meet to select
the arbitrator. The right to strike the first name shall
be determined by lot and the parties shall alternately
strike one name from the list until only one (1) name
remains, and that person shall be the arbitrator.
e. The arbitrator shall hold a hearing on the issue, or
issues, submitted, or as,determined by the arbitrator if
the parties have not mutually agreed upon the issue, or
issues, and render a written opinion and reasons for the
opinion as soon after the hearing as possible. The
opinion shall be final and binding on both parties, and
shall be limited to the issue, or issues involved.
f. The opinion shall be sent to the City Administrator and
to the grievant or appropriate representative of the
Association.
g. Except as hereinafter provided, each of the parties shall
pay for the time and expenses of its representatives and
witnesses through all stages of the arbitration procedure
and shall contribute equally to the fee and expenses of
the arbitrator. The arbitrator's fee schedule, whenever
possible, shall be determined in advance of the hearing.
h. Witnesses who are employees and on duty at the time of
scheduled appearance shall be released from duty without
loss of compensation for the time required to testify.
No overtime payments shall be made because of scheduled
appearances.
i. Individual grievants shall be released from duty without
loss of pay for the time of the arbitration hearing. One
(1) spokesperson shall be permitted to be present without
Page 30 of 46
loss of compensation for grievances filed by the
Association.
j. Arrangements for release time for grievants' witnesses
shall, wherever possible, be made with the City
Administrator no later than twenty -four (24) hours in
advance of the scheduled hearing.
k. The parties agree that the arbitrator shall not add to,
subtract from, change or modify any provision of this
agreement and shall be authorized only to apply existing
provisions of this Agreement to the specific facts
involved and to interpret only applicable provisions of
this Agreement.
1. The parties agree that the time limits set forth herein
are of the essence of this procedure and are to be
strictly complied with. Time limits may be extended only
by written mutual agreement of the parties. The parties
shall meet at least seven (7) calendar days prior to the
arbitration hearing date for the purpose of narrowing
issues for arbitration, discussing possible stipulations
and exchanging documents intended for use at the hearing.
B. General Provisions of Grievance Procedure.
1. Although grievances may be processed during normally
scheduled working hours, the Association agrees that the
time spent by its designated representatives shall be
kept to a reasonable minimum and that no Association
representative shall be entitled to any additional
compensation or premium pay for any time spent in
processing grievances outside such representative's
regularly, scheduled hours. The Association also agrees
that it will not process grievances during periods of
overtime.
2. Any grievance not filed or appealed within the time
limits specified shall be considered settled on the basis
of the last disposition given. In the event the
grievance is not answered within the time limits set
forth herein, the grievance shall be deemed denied and
either the employee, where provided, or the appropriate
Association representative may appeal the grievance to
the next higher step within the time limits provided.
3. The Association agrees that it will not initiate or
pursue any other avenue of redress on any matter properly
within the scope of representation, except as otherwise
provided by law under the Doctrine of Exhaustion of
Administrative Remedies, the Association agreeing that it
will not initiate or pursue any other avenue of redress
Page 31 of 46
on any matter properly within the scope of representation
until the provisions of this Article, including
arbitration, have been utilized.
4. Any of the time limits specified in Steps I through III
may be extended by written mutual agreement of the
parties.
5. No resolution of any grievance, as defined in Article IX,
entitled Grievance Procedure,. shall be contrary to the
provisions of the Memorandum of Understanding. Copies of
the resolution of all grievances, including the
grievance, shall be sent to the President of the
Association.
6. It is understood and agreed that whenever a provision in
this Article refers to an employee filing_ a grievance,
the Association may file such grievance either on the
employee's behalf or on behalf of the Association. In
such event the processing of the grievance shall comply
with all other provisions of the Grievance Procedure
Article.
7. The Association agrees to provide the City with a list of
representatives authorized to file grievances on behalf
of the Association. Such list shall be kept current and
shall contain no more than three (3) representatives in
addition to the President of the Association.
8. If a party petitions to compel arbitration, then the
prevailing party in such litigation shall be entitled to
reasonable attorney's fees. This provision contemplates
the prevailing party being either the petitioner or
respondent in such litigation, including those situations
in which the City is represented by the City Attorney.
9. Nothing in the agreement between the City and the
Association shall be construed so as to prevent the
Association from working out any arrangement it chooses
for the reimbursement or other payment by members of its
bargaining unit for the costs of any arbitration
proceeding involving a disciplinary grievance. The City
shall have no responsibility for collecting such amounts.
10. Whenever labor /management grievances are resolved either
by mutual agreement, City Administrators decision,
arbitration or court action, the City will transmit
information regarding such resolution to the fire
officers it selects. The Organization may notify those
of its members it chooses through present means of
communication.
Page 32 of 46
ARTICLE IX. PARAMEDICS
SECTION A. Paramedic Continuing Education Classes
1. The Department agrees to develop an in house paramedic
CE program to enable employees licensed as. paramedics
by the State to complete a minimum of 12 hours of their
CE requirements, per year while on duty. at no cost to
the employee. Employees agree to use best efforts to
attend all required on duty CE. The proposed
materials are intended to support Department quality
management- driven Firefighter Paramedic continuing
education, not the attainment of Santa Clara County EMS
Agency required certifications.
2. Employees required by the Department to attend any CE
class agree to use best efforts to attend that class.
If a Firefighter Paramedic or Support Paramedic is
required to attend a CE class during off -duty hours,
the employee shall be compensated at the appropriate
rate. All overtime hours are subject to provisions
outlined in Article IV Hours of Work and Overtime.
3. The City shall pay the cost of tuition and materials
for any CE class required by an employee assigned to
the- City's paramedic program to maintain licensing and
accreditation. The City shall also pay the cost of
tuition and materials for CE classes required to
maintain licensing and accreditation of employees who
have requested in writing to be assigned to the next
available opening as a Department Firefighter Paramedic
and who are currently licensed by the State, but are
not currently assigned to the function as a Firefighter
Paramedic.
SECTION B. Fulfillment of Paramedic Requirements By
Existing Employees
1. In addition to fulfilling all conditions stipulated in
the appropriate employment contract (attached and
marked Exhibits K and L), existing employees who apply
for and are appointed by the Fire Chief to function as
.paramedics will be required to function as a
Firefighter Paramedic for the City of Gilroy for a
minimum of three (3) years. However, they will be
released by the Fire Chief from their obligation or
allowed to decertify as a result of promotion or
completion of three (3) years as a Firefighter
Paramedic, if the Department has an unfilled
Page 33 of 46
Firefighter position not requiring paramedic
certification. However, the employee requesting
release shall continue to practice as a paramedic until
the position they are vacating is filled with another
qualified Firefighter Paramedic. The City agrees that
State Licensed and County Accredited Firefighters who
meet all requirements to function as Paramedics and who
are not currently assigned as a paramedic, but have
requested to be assigned, will be assigned to replace
the Employee who requests to decertify as a Paramedic,
if the Department is capable of maintaining paramedic
service levels without the use of overtime.
2. Firefighter Is and IIs,, employed by the City of Gilroy
to fill Firefighter positions only, who later choose to
become and are appointed by the Fire Chief to function
,as Firefighter Paramedics in accordance with Section 1
will not be terminated for failure to comply with
requirements listed in the appropriate employment
contract. However, given the essential nature of and
reliance on services provided by Firefighter
Paramedics, they will be subject to the loss of the
Firefighter Paramedic Differential Pay and/ or the City
may utilize other City rights in accordance with
Article III if the employee fails to comply with the
requirements of the appropriate employment contract.
3. Existing Firefighters sponsored by the City of Gilroy
Fire Department to attend Paramedic School will begin
receiving Firefighter Paramedic Differential Pay upon
receipt of California State Paramedic Licensure.
4. Existing Firefighters sponsored by the City of Gilroy
Fire Department to attend Paramedic School who
subsequently resign from the Department prior to
complying with tenure requirements stipulated in
Section 1 will be required to repay the City of Gilroy
for the direct cost of attending Paramedic School. The
City may require that sponsored employees sign a
binding contract to this effect.
SECTION C.
Condition Of Employment (COE) Firefighter
Paramedics
1. Employees hired after July 1, 2002 and appointed by the
Fire Chief to function as Firefighter Paramedics shall,
as a condition of employment, be required to possess
all certifications, licenses and accreditations and
maintain their ability to practice as a Paramedic in
the State of California and in Santa Clara County. New
Page 34 of 46
employees hired to fill Firefighter Paramedic positions
will be required to:
a. Possess a valid State of California Paramedic
License;
b. Obtain and maintain Paramedic accreditation in Santa
Clara County;
C. Maintain all County and State required certifications
and licenses. Failure to comply with this section
and the appropriate employment contract (attached and
marked Exhibit M) may result in suspension of
Firefighter Paramedic's Differential Pay and /or
termination; and,
d. Sign a five (5) year contract to 'serve as a
Firefighter Paramedic. Condition of employment
Firefighter Paramedics will be released from their
obligation following promotion. Following completion
of five (5) years of service as a Firefighter
Paramedic, COE employees will be permitted to
decertify by the Fire Chief, if the Department has an
unfilled Firefighter position not requiring paramedic
certification. However, the COE employee requesting
release shall continue to practice as a paramedic
until the position they are vacating is filled with
another qualified Firefighter Paramedic.' The City
agrees that State Licensed and County Accredited
Firefighters who meet all requirements to function as
Paramedics and who are not currently assigned as a
paramedic, but have requested to be assigned, will be
assigned to replace the Employee who wishes to
decertify as a Paramedic, if the Department is
capable of maintaining paramedic service levels
without the use of overtime.
2. In the event that the City's Medical Director
determines that a COE Firefighter Paramedic is
prohibited from functioning as a paramedic for the
City, the Department may immediately suspend the
employee's Paramedic Differential Pay. In addition, if
the City's Medical Director determines that a COE
Firefighter Paramedic is prohibited from functioning as
a paramedic for more than 90 days, the City may
terminate the employee.
3. Condition of employment Firefighter Paramedics must
receive Santa Clara County accreditation within six (6)
months of their date of hire. In the event an employee
fails to provide proof of accreditation within" six (6)
months of date of hire, the City may suspend the
Page 35 of 46
employee's Firefighter Paramedic Differential Pay
and /or terminate the employee.
SECTION D. Support Paramedic Positions
1. The City agrees to maintain up to nine (9.) "Support
Paramedic" positions as selected by the Fire Chief.
Support Paramedics:
a. Are appointed by the Fire Chief using the seniority
bid process as outlined in section 2;
b. ' Shall receive 6% Support Paramedic
Support Paramedic Differential
calculated as 6% of the employee's
C. Can hold the position of Fire
Captain.
Differential Pay.
Pay shall be
base salary; and,
Engineer of Fire
2. Eligibility priority and appointment as a Support
Paramedic shall be determined by using the employee's
seniority with the Department. In the case of the same
date, the assigned employee "seniority number" with the
Department will be used.
3. Once appointed as a Support Paramedic, the employee
cannot be "bumped" by another employee through the
selection of a new Support Paramedic to fill a vacant
Support Paramedic position. Selection of eligible
employees shall be made on the basis of seniority as
described in Section 2.
4. The Fire Chief shall have discretionary authority to
determine the assignment for employees designated as
Support Paramedics. Personnel designated as Support
;Paramedics may be subject to shift changes in order to
meet the staffing needs of the Department.
5. The Fire Chief may assign Support Paramedics to
temporarily fill Firefighter Paramedic vacancies when
the Department does not have other available
Firefighter (Paramedic) personnel on duty or would
require an over - strength situation. In cases where
Captain or Engineer support medics are required to work
as Firefighters (Paramedics), they will act as
Firefighters (Paramedics) and not in their regular
classification (e.g., Engineer or Captain), except for
Engineers acting as the primary Paramedic on the
Rescue /Squad. If a qualified replacement is not
available to work without causing the City to incur
overtime, the City may choose to call a paramedic back.
Page 36 of 46
6. The position of Support Paramedic is a voluntary
position. However, once assigned, Support Paramedics
may only resign from the position by providing 90 days
written notice to the Fire Chief.
7. Supports Paramedics may be required to perform special
tasks. Those tasks may include, but will not be
limited to:
a. Acting as a Department Liaison with the County
ambulance provider.
b. Participating in the Department EMSAG Program.
C. Representing the Department /City on County EMS
committees
d. Managing Department EMS programs /projects.
e. Support Paramedics shall write at least one PCR per
month to maintain their skill set in addition to
their normal review duties as Captains or Acting
Captains which requires them to review PCRs during
their regular duty days.
f. Support Paramedics may also act as a Paramedic
Preceptor.
SECTION E. Other Stipulations
1. The City agrees to pay employees assigned to the City's
paramedic program their direct costs for the first
attempt at obtaining Santa Clara County accreditation.
Employees requiring more than one (1) attempt shall be
responsible for any costs associated with additional
attempts.
2. Employees may be required to perform a field "ride
along" and evaluation prior to obtaining Fire Chief
approval to function as a Firefighter Paramedic as part
of the Department's Quality Management program.
3. Employees assigned as Firefighter Paramedics may be
designated as "Preceptors" for the purpose of interning
City of Gilroy, as well as other agency Paramedic
interns. The City Agrees that Firefighter Paramedics
designated as "Preceptors" will have all tuition,
materials and time paid to attend required training by
the City to maintain skills as a Preceptor. In
addition, the assigned Paramedic Preceptor will receive
a five hundred dollar ($500) flat fee for each
paramedic intern student assigned at the completion of
the intern process.
Page 37 of 46
4. The City may also designate certain Paramedics and
Support Paramedics as Field Trainers /Evaluators.
Paramedics and Support Paramedics assigned by the Fire
Chief to train and evaluate a paramedic on their
paramedic skills and abilities shall be paid at the
rate of $400 for each month (9 -11 shifts) assigned to
perform these duties.
5. Field Trainers /Evaluators may be assigned and
temporarily transferred to a newly hired paramedic or
to a paramedic in need of additional training or
evaluation or the reverse based on the good of the
department.
6. Though suitable Firefighter /Paramedic and
trainer /preceptor experience are preferred, City
designated Field Trainers /Evaluators are not required
to be designated by the' County of Santa Clara as a
Preceptor, but must be selected.by the Fire Chief to
perform in this capacity in advance of being assigned
to train or evaluate a paramedic.
7. During this training and evaluation period, the
Firefighter (Medic) being trained and evaluated may
count as staffing per the staffing language found in
Article X of this MOU.
8. Assignment
Department
Fire Chi
Paramedics
as stated
contract.
to Firefighter Paramedic openings will be by
seniority and subject to approval by the
ef. Following assignment,. Firefighter
must comply with and maintain all conditions
in this MOU and appropriate employment
The job descriptions for all bargaining unit classifications
shall be amended to include transport duties.
ARTICLE X. STAFFING:
1. Staffing
The City agrees to maintain a minimum complement of nine
(9) fire suppression personnel at all times, Engines
Trucks maybe staffed with three (3) personnel.
Section A. Fire Apparatus Definitions.
1. Engine - Fire apparatus that pump and deliver water and
perform basic firefighting at fires, including search
and rescue are known as Engine apparatus.
Page 38 of 46
2. Truck /Ladder - Fire apparatus that perform a variety of
services associated with truck work, such as forcible
entry, ventilation, search and rescue, aerial
operations for water delivery and rescue, utility
control, illumination, overhaul and salvage work shall
be known as Truck or Ladder apparatus. This shall
include fire apparatus with a permanently mounted fire
pump, a water tank, a hose storage area an aerial
device with a permanently mounted waterway, and a
complement of ground ladders.
3. Rescue /Medic - Fire apparatus that perform a variety of
services including: EMS response and transport, vehicle
extrication, portable lighting and other fire ground
support services. The vehicle may include a permanently
mounted light boom and generator, and may carry rescue
equipment as well as other equipment as determined by
the Fire Chief.
4. Ambulance - A vehicle designed and operated for
transportation of ill and injured persons, equipped and
staffed to provide for first aid or life support
measures to be applied during transport.
5. Wildland Type 3 and Type 6 Fire Engines that can
deliver and pump water and extinguishing agents at the
scene of a wildland fire shall be known as wildland
apparatus.
6. Quick Response Vehicle (QRV) - A Quick Response vehicle
such as a Sport Utility Vehicle (SUV), Pick =up Truck or
similar vehicle designed, operated and, equipped to
provide EMS first - response service not including
transportation for ill and injured persons.
Section B. Additional Definitions
1. Company - A company is a group of members (1) under the
direct supervision of an Officer or acting Officer; (2')
Trained and equipped to perform assigned tasks; (3) On
apparatus' identified as Engine, Truck /ladder,
Rescue /Squad, Ambulance, Wildland, QRV, or Taskforce.
2. Task Force - Multiple apparatus operating as a Company
that are dispatched and arrive together, continuously
operate together, and are managed by a single fire
company Officer or acting Officer. The City shal'1 have
the discretion to split a Task Force (1) for short
duration administrative needs, such as refueling; and
(2) in the event of subsequent incidents.
Page 39 of 46
3.
Minimum Staffing. City firefighting apparatus when
operated as a single Company shall be staffed with
bargaining unit personnel in the following manner:
Engine Minimum of three (3) personnel, as follows: 1
Captain, 1 Engineer, and 1 Firefighter I /II (or
equivalent with acting assignments).
Truck /Ladder Minimum of three (3) personnel, as
follows: 1 Captain, 1 Engineer, and 1 Firefighter I /II
(or equivalent with acting assignments).
Task Force Minimum of four (4) personnel, two members
per unit, as follows: 1 Captain, 1 Engineer, and 2
Firefighters I /II (or equivalent with acting
assignments).
Rescue /Medic Minimum of two (2),personnel, as follows:
1 Captain and 1 Fire Engineer (or equivalent with
acting assignments).
Ambulance Minimum of two (2) personnel, as follows: 1
Captain and 1 Firefighter I /II (or equivalent with
acting assignments).
Quick Response Vehicle (QRV) Minimum of two (2)
personnel, as follows: 1 Captain and 1 Firefighter I /II
(or equivalent with acting assignments)..
Wild land Type 3 Minimum of three (3) personnel, as
follows: 1 Captain, 1 Engineer, and 1 Firefighter I /II
(or equivalent with acting,assignments).
Wildland Type 6 Minimum of two (2) personnel, as
follows: 1 Captain and.l Firefighter I /II (or
equivalent with acting assignments).
EXCEPTION: Wildland Type 6
The Wildland Type 6 shall be used: (a) as part of a
Company in Task Force Configuration, or (b) in "over
strength" situations when the current configuration
staffing levels have been met, (c) as the primary back
up to the Rescue /Medic when the Rescue /Medic has been
placed "temporarily" out of service for mechanical
reasons, or (d) as a "jump rig."
1. If the unit is placed in service as a back -up to the
Rescue, any fire call would be cause for a dual unit
response with another City of Gilroy Engine.
Page 40 of 46
2. When used in over strength situations, The Wildland
Type 6 may patrol by itself and may travel between
Districts. However, it shall not be dispatched
independently on 9 -1 -1 calls. The City agrees that
whenever the Type 6 is dispatched on a 9 -1 -1 call,
an Engine, or Truck /Ladder shall also be dispatched
simultaneously. Once either apparatus arrives at the
fire scene, the Incident Commander shall have the
discretion to cancel the second apparatus before it
arrives.
3. When used as a jump rig, the Wildland Type 6 will be
staffed with three personnel: one Captain, one
Engineer, and one Firefighter I /II to provide
wildland response within the City of Gilroy. In
this configuration, the Wildland Type 6 will operate
out of the same station as an Engine and the Captain
will have the discretion to respond to calls for
service either with the Engine or with the Wildland
Type 6.
Section C. Strike Teams
Participation in Strike Teams or Assists for Hire are
subject to the discretion of the Fire Chief. In the
event the Chief determines it is appropriate to
participate in a Strike Team or Assist for Hire, the
assignment shall consist or four (4) personnel on each
deployed apparatus (1 Captain, 1 Engineer,, and 2
Firefighter I /II), so long.as the hiring agency will
compensate the City to backfill four (4) personnel at
the appropriate ranks.
Section D. Callback
The decision to initiate emergency call_ back shall be
at the discretion of the Duty Chief.
Section E. Annual Shift Bid
1. Shift assignments shall change as a result of the
bidding process on January 15th of each year. Shift
assignments will be published annually in October,
after station bids have been awarded. Vacations will
be selected during the month of November in accordance
with existing procedures. All bargaining unit members
will be assigned a specific station and shift. These
assignments will only be altered in a manner consistent
with the provisions of this MOU.
Page 41 of 46
Section F. Relief Personnel
1. The annual shift /station bid process shall include
relief positions as designated by the Fire Chief.
Those individuals assigned to relief positions shall be
assigned to a station, but may move between station
assignments to cover short and long -term vacancies.
The Fire Chief may move Relief personnel between shifts
in accordance with the provisions of this Section.
(Reference SOP, Division II, Article 16 - Relief
Assignment Guidelines)
2. There is a mutual interest to use relief personnel to
cover long -term absences and /or vacancies. Therefore,
the parties agree that the City may transfer relief
personnel from one shift to another if the relief
employee is given fourteen (14) days' notice of the
change in shift and remains on the shift for a minimum
of 30 days
3. Employees may request /volunteer to move across shift
with less than 14 days notice and remain on that shift
for less than 30 days provided that the employee
initiates the action to move across shift once the
employee becomes aware that shifts are available for
consideration. Shift availability shall be posted at
the Station that manages personnel scheduling and /or by
email to all the Relief Employees. Additional notices
may be posted at other stations. Absent the employee
initiating such a request, the policy of a 14 day
notice and 30 day stay on the shift to which the
employee was moved shall remain in effect.
4. The Fire Captains shall manage and administer the
personnel shift scheduling including relief assignments
in accordance with current and future policies and
procedures regarding personnel scheduling and
assignments.
Section G. Transfers
1. The Chief retains the right to deny a request for
transfer, change the location of a position,
mandatorily transfer a Unit employee, or change an
assignment. to meet workload demands. The Department's
right to assign and transfer personnel is inherent to
providing quality service. Management also recognizes
the desire of employees to periodically request changes
in work assignments. It is the intent of this policy
Page 42 of 46
to prohibit employees from having their bid shift
assignment changed on a monthly or more frequent basis.
2. Intra -Shift Transfers. The City may transfer
bargaining unit employees between positions on the same
shift to cover absences or for other operational
reasons without the limitations identified below.
3. Voluntary Transfers. Requests for voluntary transfers
shall be made in writing to the employee's direct
supervisor. Officers may recommend that a request for
transfer of personnel within their command be denied if
in their opinion such transfer would reduce efficiency
of the Department. Any such recommendation shall be set
forth in writing by the Officer and sent to the Fire
Chief, with a copy delivered to the member requesting
the transfer. The employee requesting the transfer
shall have five (5) days from the receipt of the notice
of recommendation to file written objections with the
Chief.
4. Mandatory Transfers.
(a) Mandatory transfers of non - relief personnel from
one shift to another shall be limited to filling
vacancies for promotions, dismissals, retirements,
long term leaves, or for the good of the
Department.
(b) Prior to requiring a non - relief Unit employee to
transfer between shifts or assignments, the Chief
shall utilize available relief personnel and,
where possible, shall offer the transfer to all
qualified personnel on a voluntary basis. Whenever
possible, a 14 day notice shall be given for any
transfer. This paragraph shall not apply to
transfers for the good of the Department where
immediate action is required.
5. Seniority. All transfers of personnel within the
Department shall be made on the basis of seniority
rights, except transfers made by mutual agreement and
transfers for the good of the Department.
6. Appeal Process. The decision of the Chief to
mandatorily transfer a bargaining unit member or to
deny a voluntary transfer shall be binding and shall
not be subject to the grievance procedure under either
this agreement or the Human Resources Rules and
Regulations. However, an employee who is not satisfied
with the Chief's decision may appeal the Chief's
decision to the City Administrator. The appeal shall
Page 43 of 46
be in writing and shall be filed within five .(5) days
after the employee receives the, Chief's decision. The
decision of the City Administrator shall be final and
binding.
7. Impact on Leaves:
a. Those employees affected by mandatory changes in
shifts shall be allowed to use vacation, CTO, or
personal leave to cover a previously scheduled
discretionary leave period that is affected by the
transfer. Shift trades (XOT) that have been
previously approved and scheduled by the
Department shall be treated as discretionary leave
for the purpose of this section.
b. Scheduled discretionary Leaves begin at 0800 hrs
the day preceding the last regularly scheduled
worked shift. Scheduled discretionary leaves end
at 0800 hrs on the first regularly scheduled day
back to work.
C. The parties recognize that this section may lead
to more than the normally permitted number of
employees on discretionary leave at any one time.
[Note: It is the City's intent that this process be
consistent with the SOP on station assignments.]
ARTICLE XI. PEACEFUL PERFORMANCE
During the life of this agreement, no work stoppages,
strikes, slowdowns, or boycott picketing shall be caused or
sanctioned by Local 2805, and no, lockouts shall be made by
the CITY. In the event that any employees covered by this
agreement, individually or collectively, violate the
provisions of this article and Local 2805 fails to exercise
good faith in halting the work interruption, Local 2805 and
the employees involved shall be deemed in violation of this
article and the CITY shall be entitled to seek all remedies
available to it under applicable law. This provision_ is
consistent with City Charter provisions.
Page 44 of 46
ARTICLE XII. FULL UNDERSTANDING
This Memorandum of Understanding set forth the full and
entire understanding of the parties regarding the matters as
set forth herein; and any other prior or existing
understanding or agreement by the parties, whether formal or
informal, regarding any such matters are hereby superseded
or terminated in their entirety, if in conflict with this
Memorandum of Understanding. Matters within the scope of
representation not addressed shall remain unchanged. It is
agreed and understood that each party hereto voluntarily and
unqualified waives its rights to negotiation, and agrees
that the other party shall not be required to negotiate with
respect to any matter covered herein during the term of this
Memorandum of Understanding. Nothing in this paragraph
shall preclude the parties from jointly agreeing to meet and
confer on any issue(s) within the scope of representation
during the term of the agreement.
ARTICLE XIII. SAVINGS PROVISION
If any provision of this Memorandum of Understanding are
held to be contrary to law by a court of competent
jurisdiction or invalidated by state or federal law, such
provisions will not be deemed valid and subsisting except to
the extent permitted by law, the CITY and Local 2805 agree
to meet and confer on any items held invalid on the request
of-either party. It is the intent of the parties that any
invalid section(s) be replaced with one that provides the
same or equal benefits to both parties.
Page 45 of 46
ARTICLE XIV. TERM
This Memorandum of Understanding represents the entire
Agreement between CITY and Local 2805 on subjects contained
herein and shall become of full force and effect on July 1,
2013, unless otherwise noted, and shall continue in full
force and effect until midnight June 30, 2014. The City and
Local 2805 will meet to begin sharing information no later
than April 1, 2014. Local 2805 shall provide the CITY with
its proposals for the period beginning July 1, 2014, no
later than March 15, 2014. The CITY and Local 2805 will
begin the meet and confer process no later than April 15,
2014. The City and the Union agree that prior to any
interest arbitration proceeding pursuant to the Gilroy City
Charter the parties will engage in non - binding mediation
facilitated through the California State Mediation and
Conciliation Service.
For the City of Gilroy:
For Gilroy, IAFF, Local 2805
Sig ure /Date
Signatur /Date
(0 Z l3
c
Thomas J. Haglund, City
Adminsitrator
Joshu Valverde",
Michael Scott MacDonald, Vice -
Ala Anderson, Fire Chief
President
'0 `3
ee nn M Phi lips, Human
James uessing, ief
Resources Di c or /Risk Manager
Nego iator /Secretary/ reasur
J ) 13
Cliff Colyer, Executive Board
Member
Page 46 of 46
FIRE UNIT
SALARY SCHEDULE
Effective July 1, 2013
Exhibit A
7/1/13 salary schedule reflects a .5 of 1% (1/2 %) increase to base salary
Fire shift personnel receive 2.27% FLSA overtime calculated on total compensation.
Fire shift personnel receive 6.6% of base pay in lieu of holidays. Hourly rate for 40 hour week is
calculated on base divided by 173.33. Hourly rate for 56 hour week is calculated on base divided by
242.48.
Uniform allowance of $670 per year.
Bilingual pay of 4.0% of base per Fire Chiefs approval and test.
Range F30 is 56/6 below Range F31 and does not require 60 college semester units.
Paramedic pay is 11 % of base.
Support Medic pay is 6% of base.
Rev. 07/10
Firefighter I /
Firefighter 111
Job Classification Title
Firefighter I
Firefighter II
Lateral
Lateral
Fire Engineer
Fire C_ a_ _tain
Salary Range/Job Class
_ F31/802
F32/801-
_ - F34/800
Step A
6036.58
6338.50
6859.17
7754.17
72,439.00
76,062.00
82,310.00
93,050.00
Step B
6338.33
6655.50
7202.17
8141.83
76,060.00
79,866.00
86,426.00
97,702.00
Step C
6655.42
6988.33
7562.17
8549.00
79,865.00
83,860.00
90,746.00
_ _ 1.02,588.00
Step D
6988.17
7337.67
7940.33
8976.42
83,858.00
88,052.00
95,284.00
107,717_00
Step E
7337.501
7704.58
8337.33
9425.42
88,050.001
92,455.00
100,048.00
113,105:00
7/1/13 salary schedule reflects a .5 of 1% (1/2 %) increase to base salary
Fire shift personnel receive 2.27% FLSA overtime calculated on total compensation.
Fire shift personnel receive 6.6% of base pay in lieu of holidays. Hourly rate for 40 hour week is
calculated on base divided by 173.33. Hourly rate for 56 hour week is calculated on base divided by
242.48.
Uniform allowance of $670 per year.
Bilingual pay of 4.0% of base per Fire Chiefs approval and test.
Range F30 is 56/6 below Range F31 and does not require 60 college semester units.
Paramedic pay is 11 % of base.
Support Medic pay is 6% of base.
Rev. 07/10
Exhibit B
'M ^ a-
v 0 GILROY FIRE DEPARTMENT] n�
k. STANDARD OPERATING PROCEDURE
Division II: Personnel Article 17: Administrative Staff Captain
1. Selection - The Administrative Staff Captain position shall be bid from bargaining unit
members through the current bid process. In addition, the Fire Chief may require a letter of
interest, a resume and an interview with those interested in the position to assist in making
the final selection. The selected Administrative Staff Captain may be returned to the line
before the end of the 3 year commitment for the good of the department as determined by the
Fire Chief. If reassigned to line duty, the officer shall make a bid selection following the
current bid policy.
2: Work Schedule - Administrative Staff Captains shall have a flexible work schedule with a
work week that may consist of 8 hour, 9 hour or 10 hour days with accompanying days off
when approved by the Fire Chief.
3. Wages - Refer to current MOU Article IV, Section G.
4. Accrued Leave - Upon assignment, all leave balances shall be converted from the 56 hour
rate to the 40 hour rate. Leaves will accrue at the 40 hour rate until completion of
assignment.
5. Request for Leave - Administrative Staff Captains shall submit the proper request forms to
his / her supervisor for any leave request. Requests for Leave shall not be subject to the
allotted leave slot parameters of line personnel. Administrative Staff Captains are not subject
to discretionary leave usage minimums currently in place in the MOU and SOPS. Any form
of discretionary leave may be used by Administrative Staff Captains on an hour for hour
basis.
6. Not part of apparatus staffin - Administrative Staff Captains shall not be counted towards
daily apparatus staffing and shall not be used to fill daily vacancies, during the
Administrative Staff Captains normal workday, in lieu of filling those vacancies with the
proper relief or overtime personnel.
7. Shift Overtime - Administrative Staff Captains shall be eligible for. shift overtime during
his/her off duty hours including weekends: The Administrative Staff Captain shall be the last
Captain to be called in the Order of Overtime. Administrative Staff Captains shall not be
subject to Mandatory Hold Over for line personnel vacancies.
8. Overtime Rate - Administrative Staff Captains shall be paid one and one half (1.5) times the
40 hour rate, including benefits, for any and all overtime that would occur outside of their
normally scheduled workday, including weekends.
G: \Fire \ADMIN \Policies & Procedures \SOP \SOP Manual \Div If PersonneLSOP \2.17 Administrative Staff
Captain.doc
Division II: Personnel Article 17: Administrative Staff Captain
9. Incentive pay - Administrative Staff Captains who are eligible to receive special incentive
pay, i.e. Support paramedic or bilingual pay, shall continue to maintain such eligibility and
receive the incentive pay throughout the duration of the assignment.
10. Vacation Selection - Administrative Staff Captains shall make vacation selections twice
annually. This shall be consistent with administrative staff selections.
11. Acting Dutv Chief Assignments — Administrative Staff Captains will be eligible for Acting
Duty Chief Assignments when qualified. See Article IV, Section J for criteria to be eligible..
Administrative Staff Captains who are qualified for Acting Duty Chief Assignments will not
be subject to a mandatory assignment as an Acting Duty Chief.
12. Work Vehicle - The City shall have a vehicle available for the Administrative Staff Captain
to use during his/her normal workday. If a vehicle is unavailable, the City shall reimburse the.
Administrative Staff Captain for use of his/her own personal vehicle at the established
mileage reimbursement rate for the City of Gilroy.
13. Physical Fitness - Administrative Staff Captains shall be allotted ten (10) one (1) hour
Physical Fitness workout periods per month at approved city facilities.
Approved: -
8/03/0__ 6
Dale Foster, Fire Chief Effective Date
G: \Fire \ADMIN \Policies & Procedures \SOP \SOP ManualTiv II PersonneLSOP\2.17 Administrative Staff
Captain.doc
GILROY FIRE DEPARTMENT.
STANDARD OPERATING PROCEDURE
Division II: Personnel Article 17: Administrative Staff Captain
9. Incentive pay - Administrative Staff Captains who are eligible to receive special incentive
pay, i.e. Support paramedic or bilingual pay, shall continue to maintain such eligibility and
receive the incentive pay throughout the duration of the assignment.
10. Vacation Selection - Administrative Staff Captains shall make vacation selections twice
annually. This shall be consistent with administrative staff selections.
11. Acting Dutv Chief Assignments — Administrative Staff Captains will be eligible for Acting
Duty Chief Assignments when qualified. See Article IV, Section J for criteria to be eligible..
Administrative Staff Captains who are qualified for Acting Duty Chief Assignments will not
be subject to a mandatory assignment as an Acting Duty Chief.
12. Work Vehicle - The City shall have a vehicle available for the Administrative Staff Captain
to use during his/her normal workday. If a vehicle is unavailable, the City shall reimburse the.
Administrative Staff Captain for use of his/her own personal vehicle at the established
mileage reimbursement rate for the City of Gilroy.
13. Physical Fitness - Administrative Staff Captains shall be allotted ten (10) one (1) hour
Physical Fitness workout periods per month at approved city facilities.
Approved: -
8/03/0__ 6
Dale Foster, Fire Chief Effective Date
G: \Fire \ADMIN \Policies & Procedures \SOP \SOP ManualTiv II PersonneLSOP\2.17 Administrative Staff
Captain.doc
Exhibit C
EXISITING FIRE PERSONNEL PHYSICAL EXAMINATION PROTOCOL,
TYPE OF EXAM
1: PHYSICAL EXAMINATION Complete physical exam/evaluation looking at general health;
per NFPA guidelines: underage 30, every 3 years; 30 — 39
years of age, every 2 years; 40 years and over, every year.
Deviations from this schedule may be recommended by the
medical, doctor.. *ClassA driving exams, every 2 years .if
needed — not a required part of exam protocol
2. PT BACK EVAULATION Back screening, Kraus Weber exam; back safety education;.
done with physical examination.
3: AUDIOLOGY TESTING Baseline - Identify threshold; annual testing
4. SPIROMETRY TESTING Respiratory health questionnaire annually; further testing as
needed based,on review of questionnaire.
5. RESTING EKG With physical examination
6. STRESS TREADMILL TEST underage 35 (with CFR) or under age 40 (without CFR),
(w /stress EKG) every 5 years, from age 35 (with CFR) or age 40 (without
CFR) to age 50, every 2 years; over age 50, every year.
Deviations fiom.this'schedule may be recommended by the
medical doctor.
7. HEPATITIS PANEL/VENIPUNCTCIRE — with physical exam or as needed. .
6399 -20 CBC
10231 -92 Comp Metabolic Panel
8475 Hep B Surface Anitbody QN .
508 Hep A Total
498- 47.1Hep B Surface AG w/Reflex Confirm
8472 -48.1 Hep C Antibody
"After reviewing results of Hepatitis panel, give appropriate booster or series **
Hepatitis Series (3)
8. 4439 Varicella Titer (then vaccine. if necessary)
9. 7600 -4 Lipid Profile
10. 5363 -64 PSA (Optional) — with physical examination
11. PPD -TB (If last one more than 6 months ago) — with physical examination
12. TETANUS VACCINATION (Mandatory if no record of within 10 years)
with physical examination
13. MMR VACCINATION (If no record, more than 8 yrs); with physical examination,
14. COLOR VISION TEST — Ishihara color -book test; with physical examination
15. BREAST EXAM/PAP COLLECTION (Optional) — with physical examination
CFR = Cardiac Risk Factors
SEND AUDIO TEST RESULTS AND SPIROMETRY CERTIFICATE TO HUMAN RESOURCES
DIRECTOR @ THE ADDRESS BELOW. ABSENT AN ISSUE.OF THE JOB, ALL OTHER`
MEDICAL INFORMATION SHALL REMAIN IN THE CONFIDENTIAL RECORDS AT PINNACLE
URGENT CARE. JOB RELATED ISSUES THAT WOULD IMPACT THE EMPLOYEE'S ABILITY
TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB SHALL BE COMMUNICATED FIRST.
TO THE EMPLOYEE AND THEN TO THE EMPLOYER-
LAB USED:
QUEST DIAGNOSTICS
COURIER
QUEST DIAGNOSTICS
COC FORMS:
KEPT AT CLINIC (IN'.HOUSE MRO)
CONTACT PERSON BILLING INSTRUCTIONS
LeeAnn McPhillips City of Gilroy
Ph (408)846 -0205 7351 Rosanna Street
Fax (408)846 -0200 Gilroy, CA 95020
Confidential Confidential
Exhibit D
GILROY FIRE DEPARTMENT
STANDARD OPERATING PROCEDURE
Division II: Personnel Article 11: Modified Duty
POLICY
Light or Modified Duty Assignments provide Gilroy Fire Department employees who are
unable to perform their regular duties due to an injury or illness a means to continue to be
a contributing department member through temporary reassignment.
PROCEDURE
1. Assignment to Light or Modified Duty Status:
a) Employees temporarily disabled by a verified on the job injury or illness
may be re- assigned at the discretion of the Fire Chief based on department
.need and tasks permitted by the employee's treating physician.
b) Employees temporarily disabled by an injury or illness off the job may
request assignment to light/modified duty status. The Fire Chief shall
make a determination on a case -by -case basis evaluating such things as the
employee's work limitations/ restrictions and available work that the
employee is qualified to perform.
Department employees requesting light duty status shall submit a memorandum to
the Fire Chief to include the following:
• Reason for the request
• Estimated length of time the employee expects to be off duty
• Estimated duration of the reassignment request
• In addition, the employee shall submit a completed city `Physical Capacities
Form' signed by their physician. This will enable work limitations to be
evaluated along with available work that the employee is qualified to perform.
The Fire Chief, or his/her designee, will attempt to contact the employee
requesting light duty within three working days to notify the employee of the
availability of light duty. At that time, or as soon as possible thereafter, the Fire
Chief, or his/her designee, shall notify the employee of the determination, which
shall be either temporary re- assignment to light/nrnodified duty, or denied. The
decision of the Fire Chief shall be final.
2. Employee Reporting Responsibilities while on Light or Modified Duty:
The Department will determine the work schedule (in accordance with the
MOU) and assignments for light -duty personnel based on work restrictions for
the light -duty employee and the needs of the department.
a) Light -duty employees will report to one of the Battalion Chiefs for work
assignments, timesheet reporting, leave requests and any other personnel
related issues. The Battalion Chief may delegate supervision of the
employee as appropriate.
b) Personnel on light -duty status will provide a written schedule at the
beginning of the work week to the designated supervisor indicating what
work is planned for the week and when they will need time away from
work for medical appointments, therapy or if they intend to use leaves
(sick, vacation, etc.).
c) Personnel on light -duty will notify their assigned supervisor in advance of
any anticipated changes to the work schedule or use of leaves.
d) At the end of the work week a report will be submitted by the light -duty
employee that summarizes the schedule for the past week and indicates the
status of work assignments (in progress, completed, issues or concerns,
etc.) and the time spent away from work at medical or therapy
appointments or the use of leave.
1
Approved:
Dale Foster, Fire Chief
2/5/2009
2/5/2009
Effective Date
Exhibit E
GILROY FIRE DEPARTMENT
STANDARD OPERATING PROCEDURE
Division II: Personnel Article 6: Physical Fitness Incentive
Program
POLICY:
To provide a guideline for the administration of the Fire Department's Physical Fitness
Incentive Program.
The Fire Department's Physical Fitness Incentive Program is the results of a collaborative effort
and an agreement between the City of Gilroy and the Gilroy Firefighters Local 2805, IAFF (Ref:
Memorandum of Understanding, Article VII, Section B - Physical Examinations).
The purpose of the Physical Fitness Incentive Program is to provide a measurable, tangible and
immediate reward for those individuals who have achieved and continually maintain themselves
to fitness standards. In agreeing to such an incentive program, it is the intent of both the City of
Gilroy and the Gilroy Firefighters Local to reduce the number of work related injuries and
improve the overall health of all employees.
PROCEDURE:
The Physical Fitness Incentive Program is mandatory for all fire personnel employed after July 1,
1986. For all other Fire Department personnel, the program is voluntary. As a condition of
continuous employment, new employees are required to sign an Employment Contract. Under the
terms of the Employment Contract, the employee agrees to maintain his/her physical condition in
the classification of `Good' or `Higher' as established by recognized and accepted standards of
the Fite Department's Physical Fitness Incentive Program.
The Physical Fitness evaluation is conducted semi - annually by the Fire Department's
Physical Fitness Consultant.
The Physical Fitness evaluation consists of the following components:
1. Resting heart rate assessment
2. Resting blood pressure assessment
3. Body fat composition assessment
4. Step -up recovery test
5. Flexibility assessment
6. Sit -ups
7. Push -ups
8. 1.5 Mile run/walk or treadmill
Each of the identified components has an assigned point value based upon the age of the
participant and the level of performance. A schedule of the fitness evaluation events and rating
measurements is attached to this document.
Upon completion of the Physical Fitness evaluation process, the Fire Department's Physical
Fitness Consultant shall submit to the Fire Chief, a report identifying participants who have
earned points. All points earned through the program will be paid as a financial incentive at the
rate of twenty -five dollars ($25.00) per point to a maximum of seven hundred and fifty dollars
($750.00) bi- annually (Reference: Memorandum of Understanding between the City of Gilroy
and The Firefighters Local 2805).
Non - Participation Due to Iniury or Illness:
If at the time that the Physical Fitness evaluation is being conducted, a participant cannot perform
an event, due to a temporary injury or illness, he /she may perform in all other events.and must
make -up the missed event within seven (7) working days in order to complete the fitness
evaluation.
In the event of a short-term injury, as documented by a qualified physician, the Fire Chief may
require the employee to participate in a Physical Fitness evaluation. The cost of providing such
Physical Fitness evaluation shall be at the expense of the Fire Department.
There are some employees who have documented permanent injuries. These injuries may limit
an employee's ability to participate in some events of the Physical Fitness evaluation. In order to
earn credit in the evaluation process, the participant must complete no less than six (6) out of the
eight (8) events including the 1.5 mile run/walk or treadmill. In determining the points awarded
the participant, the total number of points are divided by the number of events participated in;,
the average points earned shall be added as points for the events not performed. For the purpose
of this program, documentation must be in the form of a physician's statement indicting that an
employee has sustained a permanent type of injury and that specific limitations do exist. A
statement from the employee's physician attesting to such limitations shall be kept on file at the
Fire Department and the City of Gilroy's Human Resources Department.
Scheduling:
The Fire Department's Physical Fitness Coordinator shall be responsible for the timely scheduling
of the physical fitness evaluations. Once the Physical Fitness Coordinator has scheduled
evaluation appointments with the Physical Fitness Consultant, all fire department personnel shall
be notified. The Physical Fitness Evaluation and 1.5 mile run/walk or treadmill shall be
scheduled together on the same day as an on -duty shift activity for each platoon. Personnel who
.are on -duty (assigned shift) are required to. complete their testing on that day. Once all shifts.
have completed their testing, an additional make -up day (s) will be scheduled for personnel who
were on approved leave during their test date.
Individual Records- and Reports:
All individual records and information obtained as a result of the Physical Fitness Evaluation
process shall be maintained by the Fire Department's Physical Fitness Consultant. The results of
the Physical Fitness evaluation test are confidential and specific infornation derived from.the
7/9/2012
process is shared only with the participating employee. The Fire Department receives general
statistical information without reference to anyone by name or which individuals earn incentive
compensatory hours. While confidentiality is a key component of the Physical Fitness Incentive
Program, the Physical Fitness Consultant is obligated to inform the Fire Chief when, in his/her
professional opinion, a program participant's health and physical condition is at a level which
could place the employee and/or the City at risk.
The Physical Fitness evaluation consists of the following eight components utilizing the
Fit Score Table below:
Fit Score
Level
5
Excellent
4
Very G_ o_od
3
Good
2
Fair
1
Poor
Any results that are 20% better than the best possible earn 6 points.
1. Resting Heart Rate
A resting pulse rate of above 75 for men and above 80 for women is considered above the
average. This is a simple measure of how many times per minute the heart beats while the body
is at rest. The resting heart rate is taken in a seated position. The radial pulse is located at the
wrist and the pulse is counted for 60 seconds. If the testee has just returned from a call and has an
elevated heart rate, his/her pulse will be recorded with notation; or the testee may be re- tested on
the make -up day.
Age
Group
Fit,
Score
Resting Heart Rate
Male
Female
20
to
60+
5
< 60
<_ 65
4
61 -67
66 -72
3
68 -73
73 -78
2
74 -79
70 -84
1
>_ 80
>_ 85
2. Resting Blood Pressure
Blood pressure measures the amount of force the blood exerts outward against the inner
walls of the arteries. High blood pressure reading is often correlated with coronary heart
disease. The resting blood pressure is taken in the seated position. The right arm is used.
If the right arm cannot be used, or the first attempt at recording the pressure fails, the left
arm may be used. If both the right and left arm has been used with a failure to record an
accurate blood pressure, the tester must wait 5 minutes before re- testing the right arm.
7/9/2012
Do not test the same arm two consecutive times. If the testee has just returned from a
call, follow the same instructions as with the resting heart rate. In determining the Fit
Score, take the best score between the Systolic and Diastolic results.
Age Group
Fit Score
Resting Blood Pressure
Male
Female
Systolic
Diastolic
Systolic
. Diastolic
20
to
29
5
5 112
5 72
<_ 100
:5 68
4
113 -118
73 -76
101 -110
69 -72
3
119-122
77-80
111 -116
73-76
2
123 -130
81-84
117-120
2— 91
1
2_131
2_85
2_121
2_81
30
to
5
5 114
5 74
<— 104
:5 70
4
115 -120
75 -78
105 -110
71-74
39
3
121 -124
79 -80
.111 -118
75 -80
2
125-132
81-83
119-122
81-82
1
2_ 133
2: 89
> 123
2_ 83
40
to
49
5
5 116
5 76
:5 105
<_ 70
4
117 -122
77 -80
106 -112
71 -74
3
123 -126
81-84
113 -118
75780
2
127-134
85-90
119-126
81-82
1
2_ 135
2_ 91
2_ 127
> 83
50
5
5 118
:5 78
5 110
:5 70
to
4
119-124
79-80'
111 -120
1 - 78
71-78-
3
125-128
81-85
121 -125
79-82
59
2
129-136
87-90
127-140
83-90
1
2_ 137
2_ 91
2_ 141
_2 91
60+
5
:5 120
< 80
5 110
< 70
4
121 -126
81 -82
111 -120
71 -78
3
127-130
83-87
121 -125
79-82
2
131 -138
89 - 92
127-140
83-90
1
2_ 139
2_ 93
? 141
2— 91
7/9/2012
3e Body Composition Assessment
This assessment is done with calipers and measures the percent of body fat relative to
total body mass. It is a much more accurate assessment of obesity that is the
height /weight chart.
Age
Group
Fit
Score
Body Composition
Male
Female .
20
to
29
5
: 11.9
:5 15.0
4
12.0-16.1
15.1-20.0
3
16.2-20.0
20.1- 24.6
2
20.1-25.4
24.7-30.3
1
>_ 25.5
>_ 30.4
30
to
39
5
:_ 14.9
-< 16.8
4
15.0 -18.6
16.9-21.1
3
18.7 -21.8
21.2 -25.0
2
21.9-25.9
25.1-30.6
1
>_ 26.0
>_ 30.7
40
to
49
5
: 16.7
:- 19.9
4
16.8 -20.4
20.0 -24.1
3
20.5 - 23.4
24.2-27.5
2
23.5-27.2
27.6-3l..5
1
>- 27.3
>- 31.6
50
to
59
5
:_ 18.1
:- 23.1
4
18.2 -21.7
23.2 -27.3
3
21.8 -24.7
27.4 -30.7
2
24.8-28.3
30.8 --34.-9
1
>- 28.4
>_ 35.0
60+
5
< 18.4
4
18.5-22.0
3
'22.1- 25.0
2
25.1-28.5
1
>_ 28.6
7/9/2012
4. Three- Minute Step Test Recovery
This test will be performed using a bench 16 inches high. The testee is asked to step up
and down on the box, one foot at a time, at a pace of 24 times per minute. The timing
may be kept with a metronome set at 96 beats /minute. The test is for three minutes. At
the end of three minutes, the testee is seated and his/her radial pulse is taken for 60
seconds. If the subject's pulse has not dropped sufficiently, further examination may be
necessary prior to allowing that person to continue with the testing events.
Age Group
Fit Score
Three- Minute.Step Test.(Heart Rate)
Male
Female,
Within 1
Minute
After 3
Minutes
Within 1
Minute
After 3
Minutes
20
to
60+
5
<_ 119
5 75
1 :5 125
< 80
4
120-129
76-84
125-135
81 -89
3
130-144
85-93
136-150
90-98
2
145-159
94-105
151-164
99-110
1
>_ 160
>_ 106
? 165
>_ 111
5. Flexibility (Sit/Reach)
Flexibility may be defined as the possible range of motion in a single joint or in a group
of joints. There is no known test that measures the flexibility of all the joints, but the sit
and reach test will measure all the important flexibility of the lower back and hip areas.
Additionally, the elastic ability of the muscles located in the back of the legs and in the
trunk is measured.
After removing his/her shoes, the testee sits on the floor or mat with the legs extended
forward, knees locked, the backs of the legs touching the floor, and leans forward at the
waist as far as possible. The fingers are placed on a bench while leaning forward and the
distance from the toes in measured. If the testee is flexible enough to reach his/her toes,
a score of 10 is recorded. If the testee is more flexible, a reading of above 10 or 10+ will
be recorded. If the testee is not flexible enough to reach the toes, a score of below 10 will
be recorded. A ruler is used to measure the distance above or below the 10 mark. The
testee must reach and hold the position with both hands on the bench to have the effort
measured and recorded.
The testee must remove his/her shoes. The testee sits on a mat, legs fully extended, and
feet resting against the box used for the step test. The feet should be 4 to 6 inches apart.
A yardstick is placed on top of the box facing the testee. The testee places on hand on
top of other and reaches forward over the yardstick as far as possible. The furthest
fingertip point is recorded; rounding up or down to the nearest' /2 -inch.
Take the best of three trials.
7/9/2012
Age
Groue
Fit
Score
Flexibility
(Sit/Reach)
Male
Female
20
to
29
5
? 15.75
>_ 16.50
4
14.00 -15.50
-- -
14.75 -16.25
3
12.100- 13.75
12.75 -14.50
2
10.50 -11.75
10.75 -12.50
1
-< 10.25
<_ .10.50
30
to
39
5
>_ 15.75
>_ 16.50
4
14.00 -15.50
14.75-1 6..25
3
12.00 -13.75
-
12.75 -14.50
2
10.50 -11.75
10.75 -12.50
1
-< 10.25
<_ 10.50
40
to
49
5
? 15.50
>_ 16.25
4
13.75 -15.25
14.50 -16.00
3
11.75 -13:50
12.50 -14.25
2
10.25 -11.50
10.50 -12.25
1
<- 10.00
<- 10.25
50
to
59
5
>- 15.25
>- 16.00
4
13.50 -15.00
14.25 -15.75
3
11.50 -13.25
12.25 -14.00
2
10.00 -11:25
10.25 -12.00
1
5 9.75
<_ 10.00
60+
5
>_ 15.00
4
13.25 - 14.75
3
11.25 -13.00
2
9.75 -11.00
1
<_ 9.5
7/9/2012
6. Sit apps
This test measures muscular endurance in the abdominal muscle group. Muscular
endurance is the ability of the muscle(s) to contract repeatedly for a particular amount of
time. Much evidence exists of the correlation between poor abdominal muscle
development, excessive fat tissues and lower pack problems.
The testee has one minute to do as many sit -ups as possible. The testee may elect to have
a partner hold down his/her feet. The partner is responsible for counting the number of
sit -ups completed. The testee may have his/her hands placed behind the head or on the
chest, but must not be moved once the test begins. A sit -up is counted if the entire
shoulder blade is lifted off the mat and returned to the starting position.
Age
Group
Fit
Score
Sit -ups
Male/Female
20
to
29
5
>_ 52
4
44-51
3
35-43
2
24 - 34
1
0 -23
30
to
39
5
>_ 50
4
42-49
3
32 -41
2
21 - 31
1
0 -20
40
to
49
50
to
59
5
>_ 47
4
39-46
3
28 -38
2
17 -27
1
5
0 -16
> 44
4
36-43
3
24-35
2
13 - 23
1
0 -12
5
? 30
7/9/2012
60+ 4 22-29
3 19 -21
2 15-18
1 0 -14
7. Push ups
This test also measures muscle endurance. A low level of muscle endurance indicates
inefficiency in movement and a poor capacity to perform work. This test measures
mainly the muscles of both the chest and upper arm, which are important in pushing,
pulling, and controlling.
The testee is asked to do as many pushups as possible without stopping. There is no time
limit. A pushup is counted if the upper and lower arm make a 90- degree angle at the
bottom of the pushup and the arms are fully extended at the top of the pushup. To assist
the testee in making a correct pushup, a partner shall make an upright fist below the
testee's chest. The partner then counts each repetition when the chest makes contact with
the fist.
Age
Group
Fit
Score
_ Pushups
Male
Female
20
to
29
5
> 40
>_ 25
4
34-39
20-24
3
27 -33
14 -19
2
21 -26
9 -13
1
0 -20
0 -8
30'
to
39
5
> 37
>_ 23
4
31-36
18 -22
3
24 -30
12 -17
2
18 -23
7 -11
1
0 -17
0 -6
40
to
49
5
? 34
>_ 18
4
28 -33
14 -17
- -
3
21 -27
9 -13
2
15 -20
5 -8
1
0 -14
0-
5
? 30
>_ 14
7/9/2012
to
59
4
24-29
10-13
3
17 -23
6 -9
2
11 -16
3 -5
1
0 -10
0 -2
60±
5
>_ 23
13:25 -14:29
4
1,8-22
> 14:30
3
10-17
5
2
.6 -9
4
1
0 -5
3
5. 1.5 /Mile Run/Walk
This test is an excellent indication of the condition of the heart and lungs as it measures
ones aerobic capacity or the ability of the heart and lungs to utilize oxygen. Should the
results of the three- minute step test be above acceptable ranges, the testee would be
precluded from participation in the 1.5 -mile run/walk. The testee is to run/walk around a
measured 440 -yard track for six (6) laps. Their elapsed time is recorded.
Age
Group
Fit
Score
_ 1.5 Mile RunMalk
Male
Female .
20
to
29
5
:5-11:29
<_ 13:39
4
11:30 -12:09
13:40 -15:09
3
12:10 - 13:24
15:10 -15:54
2
13:25 -14:29
15:55 =17:54
1
> 14:30
>- 17:55
30
to
39
5
S 11:49
:_ 13:54
4
11:50 -12:54
13:55 -15:14
3
- -
12:55 -13:44
15:15 -16:04
2
13:45 =14:44
16:05 -18:24
1
>_ 14:45
>_ 18:25
40
to
49
5
:_12:04
:_15:09
4
12:05 -13:24
15 :10 -16:04
3
13:25 -14:14
16:05 -17:54
2
14:15 -15:19
17 :55 -19:29
1
>_ 15:20
>- 19:30
7/912012 10
50
to
59
60+
5
5 12:54
:5 15:44
4
12:55 —14:04
15:45 —17:29
3
14:05 —15:09
17:30 —18:54
2
15:10 —16:04
18:55 — 20:39
1
5
>— 16:05
< 13:53
? 20:30
Stage 9
4
13:54 -15:29
min. @ 6.5 mph, 10%
3
15:30- 16:43
-
2
16:44 - 18:00
1
>— 18:01
9. Treadmill Test
TREADMILL TEST (Gerkitn Protocol)
® 3 min warm -up period at 3.0 MPH
m test begins at 4.5 MPH and 0% grade
® at end of first minute, increase incline to 2.0.
® at the end of each odd minute, increase speed by .5 MPH.
• AT THE END OF EACH EVEN MINUTE, INCREASE INCLINE 2.0.
o TEST CONCLUDES WHEN HR EXCEEDS AND MAINTAINS ABOVE
THEIR 85% TARGET for 15 SECONDS.
• REDUCE TREADMILL TO 3.0 MPH @ O% GRADE FOR A 2 MINUTE
COOL DOWN
RECORD LAST TIME PARTICIPANT'S HR WAS AT OR.ABOVE THEIR
TARGET RATE (not including the 15 seconds or the 3- minute warm -up).
Warm -up: 3 min. @ 3.0 mph, 0% grade
Stage 1:
1 min. @ 4.5 mph, 0%
Stage 2:
1 min. @ 4.5 mph, 2%
Stage 3:
1 min. @ 5.0 mph, 2%
Stage 4:
1 min. @ 5.0 mph, 4%
Stage 5:
1 min. @ 5.5 mph, 4%
Stage 6
1 min. @ 5.5 mph, 6%
Stage 7
1 min. @ 6.0 mph, 6%
Stage 8
1 min. @ 6.0 mph, .8%
Stage 9
1 min. @ 6.5 mph, 8%
Stage 101
min. @ 6.5 mph, 10%
Stage 11
1 min. @ 7.0 mph, 10%
7/9/2012 11
Score
Description
Value mUk min
1
Poor
0 -35
2
Below Avg.
36 -39
3
Average
40-44
4
Good
4548
5
Excellent
49+
Stage
Time
Converted V02max
1
1:00
31.15
2.1
1:15
32.55
2.2
1 :30
33.6
2.3
1:45
34.65
2.4
2:00
35.35
3.1
2:15
37.45
3.2
2:30
39.55
3.3
2:45
41.3
3.4
3:00
43.4
4.1
3:15
44.1
4.2
3:30
45.15
4.3
3:45
46.2
4.4
4:00
46.5
5.1
4:15
48.6
5.2
4:30
50
5.3
4:45
51.4
5.4
5:00
52.8
6.1
5:15
53.9
6.2
5:30
54.9
6.3
5:45
56
6.4
6:00
F 57
7/9/2012 12
Approved
7.1
6.15
57.7
7.2
6:30
58.8
7.3
6:45
60.2
7.4
7:00
61.2
8.1
7:15
62.3
8.2
7:30
63.3
8.3
7:45
64
8.4
8:00
65
9.1
8:15
66.5
9.2
8:30
68.2
9.3
8:45,
69
9.4
9:00
70.7
10.1
9:15
72.1
10.2
9:30
73.1
10.3
9:45
73.8
10.4
10:00
74.9
11.1
10:15
76.3
11.2
10:30
77.7
11.3
10 :45
79.1
11.4
11:00
80
r •
Pr
Dale Foster, Fire Chief
7/9/2012 13
7/9/2012
Effective Date
Exhibit F
Gilroy Fire Department
Grooming Standards
The following standards are deemed reasonable and will be the minimum guidelines to be
complied with by Gilroy, Fire Department uniformed employees. (See exhibit)
Hair must be worn in conformance with departmental standards. during the hours of 7:00 -AM
through 7:00 PM, at all times when responding to fires or emergencies; at all times.*while an
employee is in the public, or when the public could reasonably be expected to be in the Fire
Station. (Reference: MOU, Article VII. Miscellaneous, section K: Hair Regulation).
Hair will be in accordance with the following criteria:
• Hair will be neat, clean, trimmed, and present a groomed appearance.
• Hair will be worn so that it does not extend below the bottom of the uniform shirt collar
when the employee is standing erect.
• Hair shall be worn above the bottom of the ears, and not more than two inches in front of
the ears, if combed over the ears.
• Hair will not be lower on the forehead than the eyebrows, measured from the high point .
of the eyebrows, if styled or combed forward.
• Hair will be permitted to be in moderate natural style if it qualifies within the limits
described; however, the maximum extension from the scalp shall not exceed two inches.
• Hair shall be worn so as not to preclude the proper wearing and performance of the
approved department safety helmets or the proper sealing of the face mask-of the self -.
contained breathing apparatus (SCBA).
Uniformed personnel will be clean shaven; however, neatly trimmed sideburns and mustaches
are permitted.
• Sidebums'will not extend below the bottom of the earlobe. The maximum width of the
sideburns will not exceed one and one -half inches.
• Mustaches will not extend more than three quarters of an inch below the lower lip, nor
more than three quarters of an inch beyond the corners of the mouth. .
• Sideburns or mustaches, which preclude the proper sealing of self - contained breathing
apparatus facemasks, are not permitted.
C:\DOCUME- 1\leeannm\LOCALS -1 \Temp \GFD Grooming Standards Final Revision 7- 28- 03.doc11 /10 /2003
"NATUR TYPE PG HAIR S*
• 2" Max. on both sides.
f
HAIR SHALL NOT EXTEND OUT
MORE THAN 2'° FROM SCALP. t ! 1
( °Naturar hair style. 1
e
s s 0
!
HAIR SHALL NOT EXTEND
BELOW THIS .POINT.
EXHIBIT 1506a
80. SEPT. 1968
HAIR NOT BELOW
BOTTOM!! OF COLLAR-.I
FEMALE, OR NIALF
1
� 1
I �.
KNOT IN HAIR
NOTE: Knot cannot interfere with backstrap
on safety helmet and shall not extend
below bottom of collar. -
EXHIBIT 1506b
NO. SEPT. 1988
0
HAIR SHALL NOT
EXTEND BELOW
BOTTOM OF THE EARS.
Max.
��
a..
lax
EXHIBIT 15064
HAIR SHALL NOT EXTE
BELOW THIS POINT.-,-
HAIR SHALL NOT EXTEND C
MORE .THAN 2" FROM SCAL
('Natural' hair style_)
Na. SEPT. 1988
HAIR SHILL NOT EXTEND OUT
MORE THAN 2 °' FROM SCALP.
( ®Natural° hair style.).
e
Max.
EXHIBIT 15660
:M
hi lk
SIDEBURNS SHALL NOT E.
BEL01f1l., BOTTOM OF EAR
HAIR SHALL NOT EXTEN
BELOW THIS POINT.
19
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"u
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wom T...M a-mou suu.P.
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Ken 9^"L
O[LOW T"m
-NATURAL' TYPE H&M ST �
StDEBUF;WHAIR LENGTH
ro►Ie m+aati tlpT [sTpo 0149
won Tr AIK a- FROW SCALP.
. ruawsr W .ov;.j C l
I
SALE OW
LO!!ra HAIR
4
SMIGM Oi I
t1a�a Tait mmou
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IL
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r
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o _
AR
TED .
June 2000:
City of Gilroy
Internet & E -mail Policy
Exhibit G
Use of the Internet may provide opportunities for City employees to provide superior customer- service. The
efficient use of the Internet for communications and research can improve the quality, productivity, and general
cost effectiveness of the City's, work force. The goal of this policy is to ensure proper use -of these resources.
The use of a City of Gilroy Internet account is a privilege granted to enhance the, ability of the user, increase
productivity, and provide opportunities for professional growth. As a privilege it must be understood -and used
with these goals in mind. Improper use may result in the loss of Internet access and other disciplinaiy-action.
I. Internet Access
A A City Employee's Department Head/Supervisor will decide if Internet access will assist the
employee in providing quality -customer service. Once approval has-been granted,'staff will
submit a request to the IT Division for an Internet E -mail address and/or. installation of the
necessary software.
B. Prior to receiving Internet access, a City employee must read the following document: Internet .
software basics, research techniques using the Internet, E -mail tips and etiquette, privacy and
confidentiality issues, virus protection and basic. computer security. .
C. By accepting this privilege, the employee agrees to follow these procedures.
11 Internet Use
A. Employees must exercise good judgment while using'the Int emet,. and treat the Internet as a
formal communications tool the same as the telephone, radio, video and written communications.
Employees are responsible and accountable for. their actions and communications using the
Internet.
B. It is the responsibility of every Internet user to ensure they are in compliance with all City
Administrative policies, including: computer security, virus detection, and access to
s.exually.harassing materials.
C. All files downloaded from the Internet must be scanned for viruses..
D. Intemet accounts are to be used only for City business and job - related activities.
III. Internet E -Mail Use
A. E -mail messages and other transfer of information via the Internet is presently not secure.
Internet e-mail should not be used to send someone confidential information or to transfer
sensitive data such as credit card information.
Internet & E -mail Policy Page 1 of 4
B. All E -mail is considered to be a public record and may be s b ect to public disclosure in
accordance with applicable law.
C. City Management may view any E -mail or documents at any time.
D. Routine backup of E -mail messages will occur as part of the system maintenance
performed by the IT Division.
IV. Unacceptable Uses of the Internet and/or E -mail .
A. Using profanity, obscenity, or other language, which may be offensive to another user.
B. Copying commercial software in violation of copyright law.
C. Using the Internet for financial gain or for any commercial or illegal activity.
D. Using the Internet for personal or non - business related uses.
V. Intranet E -mail Use and Etiquette
A. Compose longer a -mail off -line (as word processing documents) in order to reduce editing
frustrations and unnecessary on -line traffic.
B. Make your "subject line" as descriptive as possible.
C. A salutation after your "subject line" and beforeyour message can be used to convey sense
of personal acknowledgment.
D. Appending your name at the end of the message is also considered good etiquette. It is
appropriate to sign your name and include your e-mail address.
E. Always restate or describe the question that you are answering or the issue on which you
are commenting.
F. Always acknowledge that you have received a document or file someone has sent you.
G. Check your E -mail periodically.
H. Delete E -mail once you have read it or save it to a local file.
I. Don't send personal messages on conferences or bulletin boards. Send messages directly to
the party with whom you wish to communicate.
J. Don't expect an answer in less than a day or two.
K When sending a file, give as much information as possible: length, type, contents; and be
considerate of other party's storage capacity.
Internet & E Mail Policy Page 2 of 4
L. Conference and bulletin board messages are "showcases." Proofread and edit all messages,
especially when your communicatidn can be considered an official response fromthe City.
M. Don't be vulgar or offensive. Electronic text allows no context or clues to convey shades of
irony, sarcasm, or harmless humor. The City's Harassment in the Workplace policy applies
to E -mail as well.
N. Don't publicly (on bulletin boards or conferences) criticize (or "flame') others. Contact that*
individual privately for a discussion of personal differences.
O. Protect others' privacy.
P. Observe standard copyright restrictions; they are the same as for'printed materials.
Q. Don't upload or download software illegally. It is a serious federal crime.
R Be careful not to spread computer viruses. Always check downloaded files.
S. Don't use capital letters. Using "all caps" is the E -mail equivalent'of SHOUTING!
T. City computer equipment is not for personal use and should only be used for City related
business.
U. Don't send personal E-mail messages to family members or friends. Ifyoureceive personal E-
mail messages on the City issued E -mail address, delete the message'and ask the sender to use
your home E -mail address for all future correspondence. Do not print or-forward personal,
non - related E -mail to others using a City computer.
VI. General
A. No employee shall utilize E -mail or City property for personal gain.
B. Be sensitive to others when utilizing mass E -mail messages or .avoid using the Global
distribution as a time saver.
C. Employees are permitted a reply to a sender that receipt of this material is inappropriate and
that this should -not be repeated.
D. Exchange or distribution of jokes is prohibited.
This policy has been reviewed by the Computer Policy Committee (CPC) and is to be followed 'by all City
employees and volunteers.'
Internet & E Mail Policy Page 3 of 4:
INTERNET & E -MAIL, POLICY SIGNATURE PAGE
I have read and understand the contents of this policy and procedure. .I agree to comply with the policy
and procedure.
Signature of.Employee/Volunteer Date
, Cc: Human Resources/Volunteer Employee File
Internet & E -Mail Policy Page 4 of 4
GILROY FIRE DEPARTMENT
7070 CHESTNUT STREET
CUM, � Q� GILROY, CALIFORNIA
o _ 95020
EMPLOYMENT CONTRACT
For Employees Hired after 1/1/87 and through 1/1/04
Exhibit H
Telephone (408) 848 -0370'
FAX: (408) 848 -0379
DALE FOSTER
FM CHIEF
I Agree to the following conditions of
(Print Name)
employment as a Firefighter with the City of Gilroy:
I shall not Smoke Tobacco.
2. I will maintain my physical condition in the classification of good or
higher; as established by recognized and accepted standards of the Gilroy
Fire Department's Physical Fitness Program.
I understand that the above conditions are in addition to current or future City and
Departmental Rules, Regulations, General Orders, Policy Guidelines, Standard Operating
Procedures, and Memorandum of Understanding.
I fully understand and agree to comply with the above conditions.
Employee Signature
Witness Signature
Dale Foster, Fire Chief
First in Service to the Community
G:\Adsrv\l-lr\FORMS\No Smoke Contract.doc
Revised: 07/07 — lm//hr
Date
Date
Date
GILROY FIRE DEPARTMENT
7070 CHESTNUT STREET
GILROY, CALIFORNIA
95020
EMPLOYMENT CONTRACT
Local 2805 Fire Employees hired after 1/1/04
Exhibit I
Telephone (408) 848 -0370
FAX: (408) 848 -0379
ALAN ANDERSON
FIRE CHIEF
1 Agree to the following conditions of
(Print Name)
employment as a Firefighter with the City of Gilroy:
1. I shall not use any form of Tobacco.
2. I will maintain my physical condition in the classification of Food or
higher, as established by recognized and accepted standards of the Gilroy
Fire Department's Physical Fitness Program.
I understand that the above conditions are in addition to current or future City and
Departmental Rules, Regulations, General Orders, Policy Guidelines, Standard Operating
Procedures, and Memorandum of Understanding.
I fully understand and agree to comply with the above conditions.
Employee Signature
Witness Signature
Alan Anderson, Fire Chief
First in Service to the Community
Date
Date
Date
G:\Adsrv\Hr \Orientation\FF & Paramedic Contracts\FF No Tobacco Contract.doc
Created on 11/10/2003 1:22:00 PM
Exhibit J
CITY OF GILROY & IAFF, LOC 2805.
DRUG AND-ALCOHOL PROGRAM.-
November 3, 2003 1
PURPOSE
It is the intention of this policy to eliminate alcohol and substance abuse and its effects in the
workplace. While the City of Gilroy has no intention of intruding into the private lives of its
employees, involvement with alcohol or controlled substances off the job can take its toll on job
performance and employee safety. Our concern is that employees are in a condition to perform
their duties safely and efficiently, in the interest of their fellow workers and the public. as well as
themselves. The presence of alcohol or controlled substances on the job, and the influence of
alcohol or substances on employees during working hours, is inconsistent with this objective.
This policy provides guidelines for the detection and deterrence of alcohol or substance abuse. It
also outlines the responsibilities of City managers and employees. To that end the City will act
to eliminate any alcohol -or substance abuse (illegal drugs, prescription drugs or any other
substance which could impair an employee's ability to safely and effectively perform the .
functions of the particular job) which increases the potential for accidents, absenteeism,
substandard performance, poor employee moral or damage to the City's reputation. All persons
covered by this policy'should be aware that violation of the policy. might result in discipline, up
to and including termination.
In recognition of the public-service responsibilities entrusted to the-employees of the City, and
that alcohol and substance abuse usage can hinder a person's ability to.perform duties safely and
effectively the following policy against alcohol and substance abuse is hereby adopted by the
City and IAFF, Local 2805.
DEFINITIONS
Following are the definitions for the Drug and Alcohol Program. This is a list of major definition areas
and is not intended to be all inclusive of definition or terms.
WORD/
DEFINITION
PHRASE
Alcohol
The intoxicating agent in beverage alcohol, ethyl alcohol, or other low
molecular weight alcohol including methyl and isopropyl alcohol:
Alcohol
The alcohol in a volume of breath expressed in terms of grams'of alcohol per
concentration (or
210 liters of breath as indicated by an evidential breath test under this part.
content)
Collection
State licensed service provider that follows procedures for the collection of
Agency
urine samples in a split specimen process for delivery to a toxicological
laboratory for testing. -
Collection site
A place where individuals present themselves for the purpose of providing
breath or urine samples to be analyzed for specified alcohol or drugs.
Controlled
Drugs as deemed under this policy include marijuana, cocaine, opiates,
substance
amphetamines, phencyclidine (PCP).
"Drug
Any substance (other than alcohol) that is a controlled substance as defined
above and 49 CFR Part 40.
Medical Review
A licensed physician accredited by the Medical Review Officers' Association
Officer (MRO)
National with knowledge and expertise of the clinical and medical diagnosis
and treatment of alcohol and drug related disorders.
Positive Test
A test is only positive and reported to the City when the initial screening test
is positive, the confirming test is positive, and the Medical Review Officer
has discussed with the employee the results of the two tests and ascertained
that the tests are accurate.
Provider
Certified professional/agency contracted to provide. services prescribed by
this program:
Reasonable
The City believes the actions or appearance or conduct of a commercial
suspicion
motor vehicle driver who is on duty as defined below; are indicative of the
use of alcohol or drugs.
Refusal. to
A-covered employee who (1) refuses to take an alcohol or drug test; (2) fails
submit (to an
to provide adequate breath for testing without a valid medical explanation
alcohol or drug
after he /she has-received notice of the requirement for breath testing; (3) fails
test)
to provide adequate urine for drug testing without a valid medical explanation
after he or she has received notice of the requirement for urine testing; or (4)
engages in conduct that clearly obstructs the testing process.. A refusal
includes not providing a breath sample or urine as directed, refusing to sign
0a
appropriate control forms, not being readily available following an accident,
using alcohol within eight hours of an accident, or tampering with a sample.
Split- Specimen
A division of the original urine sample that is stored by the lab when
provided by the collection agency for a second test to be used when the
primary test results are challenged.
Substance Abuse
A. licensed physician, or a licensed or certified psychologist, social worker,
Professional
employee assistance professional, or addiction counselor (certified by the
(SAP)
National Association of Alcoholism and Drug Abuse Counselors
Certification Commission) with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and drug related disorders.
Supervisor
For purposes of this policy, "supervisor" is defined as anyone of the
following positions: Fire Captain, Fire Division Chief, Fire, Fire Chief, or in
their absence a designated trained individual.
Toxicological
A drug abuse service laboratory licensed to perform alcohol and drug testing
Laboratory
under the auspices of the federal government with specific expertise and
chain of custody procedures, split specimen sampling, and druglalcohol
record - keeping methodologies. The agency must have all necessary
personnel, materials, equipment, facilities. and supervision to provide for the
collection, security, temporary and long -term storage and transportation or
shipment of the samples to a laboratory.
I. COVERED EMPLOYEES
A. Employees in the classifications of Fire Captain, Fire Engineer, and Firefighter UII
are covered by this policy.
II. GENERAL PROVISIONS
A. Notice to Covered Employees Regarding Alcohol and Drug Program
Before performing an alcohol or drug test under this program, the. City shall notify.
the employee of the ' program. This will typically. take place during the new
employee orientation process.. Existing employees shall be. provided a cop_ y of the
policy and are encouraged to ask questions via their. Chain of Command.
B. Administration of the City's Alcohol and Drug Testing Program
The City has designated the Alcohol and Drug Program Coordinator as the Human
Resources - Director/Risk Manager to. answer employee questions about
administration of the City's alcohol and drug testing program and procedures.
C. . Access to Records
The Human Resources Office shall retain any drug and alcohol testing records in a
confidential manner. Copies of these records shall not be otherwise released to any
other person except as follows:
To the Drug. Program Coordinator/Human Resources Director and'the Fire
Chief who need access to these records to manage staff covered by this
policy;
2. To a decision maker in connection with a- 'lawsuit, grievance; or other
proceeding initiated by or on behalf of the individual,. and arising from the
results of an alcohol and/or drug test administered under this program; or
To a person identified by the covered employee in accordance with the terms
of the employee's written consent authorizing such release.
E. . Confidentiality and Recordkeeping
The City desires to comply with the confidentiality and recordkeeping requirements.
As such, the City stipulates that with the exception of the Drug Program Coordinator
or designee, Department Head of a specific employee, Collection Facility, Testing
Laboratory, Medical Review Officer and Substance Abuse Professional; the written
results of individual tests shall not be released to anyone without the expressed
written authorization of the tested individual, unless ordered by means of proper .
legal procedure and appropriate legal authority, such as a court ordered subpoena, or
in
in connection with a City disciplinary, grievance or arbitration proceeding initiated
by or on behalf of the individual and arising from a certified positive alcohol or drug
test.
In addition, information related to an employee's availability for work will be
provided to the employee's supervisor to insure that an employee is removed from a
safety - sensitive function when necessary, accommodated in a non - safety - sensitive
function, when appropriate. In the case of reasonable cause testing, the supervisor
will receive the results of the alcohol and/or drug tests.
III.. PROHIBITIONS
A. It is UNLAWFUL for covered employees to do the following.
1. To use alcohol or products containing alcohol while working.
2. To report to work within, I
ithin! four hours after using alcohol or products
containing alcohol;
3. 'To report for duty or remain on duty when the employee is currently using a
drug, unless a physician prescribes the use of the drug. (Employees who are
taking prescribed medication that may impair their ability to perform their
job duties are required to inform their supervisor immediately and prior to
performing any work.)
4. To refuse to submit to an alcohol or drug test as described in this program.
A "refusal to submit" to an alcohol or drug test means that a covered
employee:
a. Refuses to take the test;
b. Fails to provide adequate breath for testing without a valid medical
explanation after he or she has received notice of the requirement for
breath testing in accordance with this program;
C. Fails to provide adequate urine for drug testing without a valid
medical explanation after he or she has received notice of the
requirement for urine testing in accordance with this program; or
d. Engages in conduct that clearly obstructs the testing process.
5. To be in possession of alcohol or controlled. substances; nor possess
alcohol or drugs while on City property, in City vehicles, at Work
locations, while on duty; nor sell or provide alcohol or drugs to any other
employee or to any person while such employee is on duty, nor have their
ability to work impaired as'a result of the use of alcohol or drugs.
B. The following drugs are specified in the law and will be analyzed during drug
testing.
P ul
Initial Screen (ug ML)
Confirmation Level
Marijuana
50
15
Cocaine
300
150
Amphetamines/
Metharnphetamine
1,000
500
Opiates
300
300
Phencyclidine.(PCP)
25
25.
IV. CONSEQUENCES TO ENGAGING IN-ANY GENERAL PROHIBITION
Any covered employee who engages in any action prohibited by this 'program under
Section III will be subject to the following consequences.
A. The. employee shall be relieved from job duties.
B. The employee shall be evaluated bya substance abuse professional who shall
determine what assistance, if any, the employee needs in resolving problems
associated with the misuse of alcohol or drugs.
C. The employee may return to work as soon as the employee is medically.
certified by the MRO /SAP and such notification.is- provided to the Fire Chief
or the Human Resources Director/Program Coordinator. The employee must,
however, provide a negative test result and be certified for return to duty no
later than 90 calendar days after notification of the positive test result.
Failure to be certified by the MRO /SAP or return to work shall result in
disciplinary action up to and including termination. .
The employee may use accumulated vacation, sick leave, personal
leave, comp time or leave without pay while undergoing treatment/
rehabilitation.
2.. Leave accruals may not be used for discipline such as a suspension.
3. Any employee who is given an alcohol confirmation test according to
49 CFR 40.65 by the BAT and the breath alcohol concentration level
is 0.02 or greater, but less than 0.04, shall be required to take leave
without pay, or use vacation or personal leave but not sick leave time,
0
until the employee's next regularly scheduled duty period, but not less
than 24 hours following administration of the test. Any employee
who is given an alcohol confirmation test by the BAT and the breath
alcohol concentration level is 0.02 or greater, but less than 0.04, on
the second time shall be subject to the disciplinary process. The
employee shall be referred to the SAP, for evaluation and assessment
of fitness for duty.
4. Any employee who has a breath alcohol concentration level that is 0.02
or greater, but less than 0.04, on the third time within a five (5) year
period will b.e.subject to the disciplinary process.
E. Any covered employee who refuses to submit to an alcohol or drug test
required by this program shall be subject to the disciplinary process.
F. The City's Drug Program Coordinator or designee will assist in advising the
employee of the resources available to the employee. in evaluating and
resolving problems associated with the misuse of alcohol or drugs, including
the names, addresses; and telephone numbers of. substance abuse .
professionals and counseling and treatment programs.
V. . SELF - IDENTIFICATION PROCEDURE
Covered. employees are encouraged to- advise the City if they are involved with the misuse of
alcohol or for the use of drugs. This procedure is available only to covered employees who
have not been notified that they need to submit to a drug and/or alcohol test. This procedure
cannot be used by covered employees to avoid the consequences for a positive test or a
refusal to test.
PROCEDURE
If an employee self - identifies a problem with misuse of alcohol or drugs, the City will refer
the employee to a SAP. Prior to returning to work, the employee will be tested.
If the SAP. determines that the employee requires participation in a rehabilitation program,
the employee will be referred to his/her own medical .insurance plan and/or the City's
Employee Assistance Program (EAP). The City is not required to pay for treatment beyond
the cost contributed for these health programs as identified in the MOU.
VI. PERSONNEL ACTIONS
A. Disciplinary Action for Misconduct
Employee violations of this program may constitute misconduct under The City of
Gilroy' Personnel Rules and. Regulations, Section IV, "Separations and Disciplinary
Actions" or its successor.
B. Nothing in this section shall be interpreted as. interfering with the City's right to
remove from the workplace an employee who poses a direct threat to the employee
or others.-
C. All disciplinary action under this program is subject to the 'disciplinary procedures
contained in the City's Personnel Rules and Regulations.
D. The following is a guideline for disciplinary action when an employee violates the
City's alcohol and drug program. Discipline shall be based on the degree of the
offense and in accordance with the following.guidelines:
E. DISCIPLINARY GUIDELINES
REASONABLE SUSPICION
1 Incident
* Counseling'
* Suspension (5 days)
* "Last chance" agreement
* Participate and complete rehabilitation, if necessary
.2
* Termination . .
Incident
SELF - IDENTIFICATION
I" Incident
* No discipline
* Referred to SAP
* Participate and complete rehabilitation, if necessary.
2nd
* Treated as first step of a reasonable suspicion incident.
Incident
PROBATIONARY EMPLOYEES
Positive Drug * Termination of probation. However, at the City's option, if an employee
Test obtained regular status in a prior job classification with the City of Gilroy,
the employee's probationary appointment may be terminated or the
employee may remain on probation and be subject to these disciplinary
guidelines depending on the severity of the case and the'classification.
Positive * Termination of probation. However, at the City's option, if an employ,
mployee
Alcohol Test obtained regular status in a prior job classification with the City of Gilroy,
(.04 or greater) the employee's probationary appointment may be terminated or the
employee may remain on probation and be subject to these disciplinary
guidelines depending on the severity of the facts of the case and the
classification.
Positive
* Termination of probation. However, at the City's option, a probationary,
Alcohol Test
employee may be referred to SAP and required to participate in
(.02 to .04)
rehabilitation, if necessary. Any second positive test for alcohol during
probation will result in termination of probation. However, at the City's
option, if an employee has obtained regular status in a prior job classification
with the City of Gilroy, the employee may remain on probation and be
subject to these disciplinary guidelines depending on the severity of the case.
and the classification. Any second positive test showing a result between .
0.02 and 0.04 after completion of probation will be treated as the first step in
the appropriate category.
OTHER FACTORS
L., If an employee has a confirmed positive test from follow =up testing, the employee will
be terminated.
2. If an employee is required by a SAP to participate in rehabilitation and the employee
refuses to participate in the required rehabilitation program, the employee will be
terminated. -
3: If an employee is required.by a SAP to participate in rehabilitation and the employee
fails to complete the required rehabilitation program, the employee will be terminated.
4. If an employee refuses to be tested under this program, the employee will be
terminated.
VII: DRUG AND ALCOHOL TESTING METHODOLOGY
A. Alcohol Testing.
Alcohol testing shall be done based on an "evidential breath testing device" which is
the testing method used by law enforcement officials in drunk driving cases.. A
breath alcohol technician shall explain the test to. the employee being tested and
properly administer the test to the employee.
B. Drug Testing
Drug testing shall be done based on a "split specimen" procedure of collecting and
analyzing urine samples. The specimen taken will be divided into primary and
secondary specimens. If the primary specimen testis positive, the employee.shalf be
informed of their right to request a test of the secondary specimen by a separate
laboratory or by the same laboratory, if they choose, . at the, City's expense, The
employee will be removed from.the safety - sensitive function pending the outcome of
the secondary sample test results. The employee has 72 hours within which to make
the request for the secondary sample test. If the secondary test result is positive, the
employee will be subject to the procedures in Section III of this prograrri.
C. Chain of Custody /Confidentiality
All alcohol and drug tests required to be administered to covered employees under
this program shall be conducted by the City's service providers to ensure appropriate
chain of custody and confidentiality of results.
VIII. REASONABLE SUSPICION ALCOHOL AND DRUG TESTING
A: Preface
The City shall require a covered employee to submit to an alcohol -and/or drug test
when the City has reasonable suspicion to. believe that the employee is under the
influence of alcohol or drugs.
B. Procedures
1. The City's. decision to require a covered employee to submit to a reasonable
suspicion alcohol and /or drug test shall be based. on a supervisor's
determination that reasonable suspicion exists that the employee is in
violation of Section III of this program. The City's determination must be
based on:
a. Specific personal and articulable observations concerning the appearance,
behavior, speech or performance of the employee; or
b. Violation of a safety rule, or other unsafe work incident which., after further
10
investigation of the employee's behavior, leads the su 'sor(s) to believe that
alcohol or drug use may be a contributing factor, or
c. Other physical, circumstantial or contemporaneous indicators of alcohol or
drug use.
d. Examples of the above include, but are not limited to: alcohol odor on breath;
slurred speech; unsteady walking and movement; an accident involving City
property; if in combination with other elements of reasonable suspicion;
physical altercation; verbal altercation; unusual behavior; possession of
alcohol or drugs; information obtained from reliable person with personal
knowledge.
e. Suspicion based solely on third party observation, violation of safety rule or
unsafe work incident is not reasonable suspicion for testing. However, such
suspicion may be a basis for further investigation, or for action to protect the
safety of others, such as ordering the employee to stop work.
f. No action shall be taken against a covered employee based . solely on the
employee's behavior and appearance, with respect to alcohol or drug use, without
a positive test.
2. The supervisor will obtain the assistance of another supervisor, when
feasible, to observe and document the above behavior or factors. Also, a
subordinate employee can report suspicion of a violation of this policy to any
higher- ranking manager in the Fire Department or the Human Resources
Director for appropriate follow -up and action. Prior to ordering a drug or
alcohol test, the Fire Chief or his/her designee shall be consulted. In
addition, if possible, the Human Resources Director shall be consulted:.
3. The supervisor shall inform the employee of the facts upon which the
reasonable suspicion is based, advise the employee that the supervisor wishes
to question the employee about the employee's behavior or conduct on which
the reasonable suspicion is based, and advise the employee that he or she has
the right to request the presence of a steward or other representative before
answering the supervisor's questions.
a. If the employee chooses to be represented, the steward or other
representative will be allowed up to one hour to arrive. If no steward
other representative is available within one hour, the supervisor
should continue the procedure.
b. The supervisor shall request, an explanation from the employee
concerning the employee's behavior or conduct on which the
reasonable suspicion is based. If 'a satisfactory explanation is not
provided, the employee will be tested.
C. The supervisor must complete the Observation/Incident Report as
soon as possible following the incident. The supervisor will provide
11
a copy of the completed Observation/Incident Report to the union: A
copy should be given to the steward or other representative, if ' .
present, and another sent to the union president.
4. If the employee refuses to submit to the test, the employee will be subject to
the disciplinary guidelines noted above. The employee shall be offered the
opportunity to be safely transported home. .
If an employee appears to be impaired, refuses the reasonable suspicion
alcohol and drug test, and intends or attempts to drive home, the-supervisor
will inform the employee that the City is required' to notify the proper
authorities. Again, an employee who has refused to submit to apost- accident
test. will be disciplined in accordance with Section VI of this program.
5. If the employee submits to the reasonable suspicion alcohol and/or drug test,
the supervisor will assign the employee to non safety- sensitive duties until
the supervisor receives the test results, unless in the supervisor's judgment,.
the continued presence of the employee in the workplace poses- a significant
safety-risk to the employee-or others or is disrupting the workplace. In that
event, the supervisor shall place the employee on sick leave or other accrued
leave and arrange to safely transport the employee home.
a. If the alcohol and/or drug test is positive, the employee will be
subject to the return to duty /follow -up testing program and
procedures.
6. No supervisor shall physically search an employee or an' employee's private
property (purse, briefcase, car) based on the supervisor's reasonable suspicion
that the employee has violated Section III of this program.
7. The supervisor(s) or City official(s) who observe(s) the employee's behavior
on which reasonable suspicion testing is based will receive periodic training
on alcohol and'drug misuse. The training will cover the physical, behavioral,
speech, and performance indicators of probable alcohol misuse and use of
drugs.
S. A written record must be made of the observations leading to an alcohol or
drug reasonable suspicion test; and signed by the supervisor or City official
who made the observations.
C. Consequences
1. Covered employees shall be subject to the referral, evaluation, and
rehabilitation requirements contained herein and may be subject to the
disciplinary consequences of Section VI of this program if they refuse to
submit to a reasonable suspicion alcohol or drug test or if they have a .
reasonable suspicion alcohol concentration of 0.04 or greater or a drug test
with a verified positive test result.
12
2. Any covered employee who has engaged in conduct in violation of Section
III concerning the use of alcohol or has had an alcohol test with a result of
0.02 to 0.04 Breath Alcohol Content or greater shall not perf6rm a safety -
sensitive function until the employee has submitted to a return to duty alcohol
test with a verified negative result. In addition, the employee will, be
evaluated by the SAP and develop a treatment methodology, if necessary.
TX. RETURN TO DUTY/FOLLOW -UP TESTING
A. Preface
Covered employees who have alcohol test results of 0.04 Breath Alcohol Content or
greater, or who test positive for drugs are subject to return-to -duty testing and maybe
subject to unannounced follow -up alcohol and/or drug test following their return to
duty based on the recommendation of the SAP.
B. Procedures
1. Return to duty test
a. Any covered employee who has engaged.in conduct in violation of
Section III concerning the use of alcohol or has had an alcohol test
with a result of 0.04 Breath AIcohol Content or greater shall not
return to duty until the employee has submitted to a return to duty
.alcohol test with a verified negative result. In addition, the employee
will be evaluated by the SAP and develop a treatment methodology,
if necessary.
b. Any covered employee who has engaged in conduct in violation of
Section III concerning the use of drugs or who has had a drug test
with a positive result shall' not return to duty until the employee has
submitted to a return to duty drug test with a verified negative result.
In addition, the employee will be evaluated by the SAP and *develop a
treatment methodology, of necessary.
2.. Follow -up testing
a. If an employee tests positive for either alcohol or controlled
substances, he /she maybe subject to unannounced follow -up alcohol
and controlled substances tests following his/her return to duty. The
number and frequency of such follow -up testing shall be as directed
by the SAP.
b. Follow -up testing shall not exceed 60 months from the date of the
employee's return. The SAP may terminate the requirement for
follow -up testing at any time if the SAP determines that such testing
is no longer. necessary.
13
C. Follow -up drug and/or alcohol testing may be conducted at anytime
while the employee is on duty for the City.
C. . Consequences
1. Covered employees ' shall be subject to- the referral, evaluation,. and
rehabilitation requirements contained herein and may be subject to the
disciplinary consequences of Section VI of this program if they refiise to
submit to a return -to -duty or a follow- up-alcohol or drug test orif they have a
return -to -duty or follow -up alcohol test with a result indicating an alcohol.
concentration.'of 0.04 or greater or drug test with'a verified positive test
result.
2.. Any covered employee who has engaged in conduct in violation of Section
III concerning the use of alcohol or who has had an alcohol test with a result
of 0.02 to 0.04 Breath Alcohol Content' or greater shall not return to duty
until the employee has submitted to a return to duty alcohol test with a
verified negative result: In addition, the employee will be evaluated by the
SAP and develop a treatment. methodology, if necessary.. In addition, the
employee may be subject to the disciplinary consequences of Section VI of
this program if they refuse to submit to- .a retum -to -duty br a follow -up
alcohol or drug test or if they have a return -to -duty or follow -up alcohol test
with a result indicating an alcohol concentration of 0.04 or greater or drug
test with a verified positive test result.
14
.CERTIFICATE OF RECEIPT
OF CITY OF GILROY & IAFF, LOCAL 2805
DRUG AND ALCOHOL TESTING PROGRAM
15 . understand that I am employed
by the City of Gilroy in a position that is covered by an alcohol and drug testing program. I
understand that I will be subject to the alcohol and drug testing programs described in this program.
tify
I hereby cer that the City has provided me with a copy of this program. I understand that the City
will maintain the original of the signed certificate in my Human Resources File, and that I will be
provided 'a copy of the certificate.
Date
15-
Signature of Employee
4
CITY OF GILROY
LAST CHANCE AGREEMENT
This Last Chance Agreement is created to assist you in understanding the severity of the issues being
confronted and the City's desire that you be successful in resolving of these concerns. Successful
completion of this Agreement willpreventfurther disciplinary action towardyou for the issues stated
hereafter.
EMPLOYEE NAME:
EMPLOYEE CLASSIFICATION:
DEPARTMENT:
NATURE OF THE INCIDENT:
CREATED PROGRAM FOR REHABILITATION: This may include day treatment, night
programs, residential programs or some form of counseling as developed by the Substance Abuse
Professional in concert with the employee.
NUMBER OF TESTS REQUIRED FOR UNANNOUNCED TESTING IN COMPLIANCE WITH
THIS AGREEMENT:
THE AGREEMENT:
I, agree to comply with the guidelines and
procedures entailed in the City of Gilroy and IAFF, Local 2805 Drug and Alcohol: Testing. Program
and the conditions established in the rehabilitation program. I understand that periodic unannounced
samples may be taken as a condition of continued employment. Any.positive test as a result of
unannounced testing will be considered a violation of this last chance 'agreement:' Should I
successfully complete the rehabilitation program described above and successfully maintain negative
test results for a duration of one year for alcohol and five years for drugs, this: agreement shall be
null and void and a notice of completion shall be placed in my alcohol and drug file. Another
incident of drug and/or alcohol use after completion of this process shall not be subject to a second
last chance agreement, and I will be terminated as outlined in Section VI of the Program.
Signature of Employee Date
16
GILROY FIRE DEPARTMENT
7070 CHESTNUT STREET
GILROY, CALIFORNIA
95020
Employment Contract For Existing
Personnel
Exhibit K
Telephone (408) 848 -0370
FAX: (408) 848-0379
ALAN ANDERSON
FIRE CHIEF
I , agree to the following conditions of employment as a Firefighter
Paramedic with the City of Gilroy:
1. 1 agree to continuously comply with the following requirements:
a. Possess a valid State of California Paramedic License;
b. Comply with all requirements outlined in the most current version of the Santa
Clara County EMS Policies and Procedures manual, including all required
Continuing Education (CE) requirements;
c. Obtain and maintain Santa Clara County Accreditation; and,
d. Provide valid copies of all required certificates, licenses and other documentation
required to practice as a Paramedic in Santa Clara County with the Gilroy Fire
Department.
2. 1 understand and agree that failure to comply with all conditions stipulated in Item
#1 of this document may result in my inability to practice as a Paramedic for the
Gilroy Fire Department and loss of my Paramedic Differential Pay and/ or the City
may utilize other City rights in accordance with Article III of the current Firefighter's
MOU if the I fail to comply with the requirements in item #1.
3. In addition to fulfilling all conditions stipulated in Item #1 of this document,
understand and agree to serve as a Firefighter Paramedic for the City of Gilroy for a
minimum of three (3) years. I further understand that I will only be released from my
obligation as a result of promotion.
4. 1 further understand that following completion of three (3) years of service as a
Firefighter Paramedic, I will be permitted to decertify by the Fire Chief, if the
department has an unfilled Firefighter position not requiring paramedic certification.
However, I understand that I will be required to continue to practice as a paramedic
until the position that I am vacating is filled with another qualified Firefighter
paramedic.
5. 1 further understand that if the City's Medical Director determines that I am prohibited
from functioning as a Firefighter Paramedic for the City, the Department may
suspend my Paramedic Differential Pay.
G:\Adsrv\Hr \Orientation\FF & Paramedic Contracts\ FFPMContractExistingSponsored .doc
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Exhibit K
6. 1 further understand that since I was employed by the City of Gilroy to fill Firefighter
position only, I will not be terminated for failure to comply with requirements, listed in
Item #1. However, given the essential nature of and reliance on services provided
by Firefighter Paramedics, I understand and agree to be subject to the loss of my
Paramedic Differential Pay and/ or the City may utilize other City rights in
accordance with Article III of the current Firefighter's MOU if the I fail to comply with
the requirements in item #1.
7. 1 understand that I will begin receiving Firefighter Paramedic Differential Pay upon
receipt of California State Paramedic Licensure:
8. 1 understand and agree that the Paramedic Differential is 11 % of my base pay as set
forth in the MOU. [ further understand and agree to attend all required CE-both in
house as well as classes provide by.third parties unless on approved paid leave as
required to meet the requirements stipulated in Item - #1. 1 understand that if I fail to
meet these requirements; the Department may suspend my Paramedic Differential
Pay and /or utilize other City rights in accordance with Article III of the MOU if I fail to
comply with the requirements in item #1.
9. 1 understand and agree to receive Paramedic Differential Pay for a minimum of 90
days and understand that continued receipt of differential pay is dependent on
compliance with all stipulated requirements.in this contract. I understand that if the
requirements are complied with between the 1" and the 15th of the month,
Paramedic Differential pay will begin accruing the 1st of that month. If I comply with
the requirements between the 16th and the last day of the month, Paramedic
Differential pay will begin on the 1 st of the following month.
fully understand and agree to comply with the above conditions.
Employee Date
Witness Signature Date
Alan M. Anderson, Fire Chief Date
First in Service to the Community
G:\Adsrv\Hr \Orientation\FF & Paramedic Contracts\PFPMContractExistingSponsored .doc
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GILROY FIRE DEPARTMENT
7070 CHESTNUT STREET
GILROY, CALIFORNIA
95020
Employment Contract For Existing
Sponsored Personnel
Exhibit L
Telephone (408) 848 -0370
FAX: (408) 848 -0379
ALAN ANDERSON
FIRE CHIEF
I , agree to the following conditions of employment as a Firefighter
Paramedic with the City of Gilroy:
1. 1 agree to continuously comply with the following requirements:
a. Possess a valid State of California Paramedic License;
b. Comply with all requirements outlined in the most current version of the Santa
Clara County EMS Policies and Procedures manual, including all required
Continuing Education (CE) requirements;
c. Obtain and maintain Santa Clara County Accreditation; and,
d. Provide valid copies of all required certificates, licenses and other documentation
required to practice as a Paramedic in Santa Clara County with the Gilroy Fire
Department.
2. 1 understand and agree that failure to comply with all conditions stipulated in Item
#1 of this document may result in my inability to practice as a Paramedic for the
Gilroy Fire Department and loss of my Paramedic Differential Pay and/ or the City
may utilize other City rights in accordance with Article III of the current Firefighter's
MOU if the I fail to comply with the requirements in item #1.
3. In addition to fulfilling all conditions stipulated in Item #1 of this document,
understand and agree to serve as a Firefighter Paramedic for the City of Gilroy for a
minimum of three (3) years. I further understand that I will only be released from my
obligation as a result of promotion.
4. 1 further understand that following completion of three (3) years of service as a
Firefighter Paramedic, I will be permitted to decertify by the Fire Chief, if the
department has an unfilled Firefighter position not requiring paramedic certification.
However, I understand that l will be required to continue to practice as a paramedic
until the position that I am vacating is filled with another qualified Firefighter
paramedic.
5. 1 further understand that if the City's Medical Director determines that I am prohibited
from functioning as a Firefighter Paramedic for the City, the Department may
suspend my Paramedic Differential Pay.
G:\Adsrv\Hr \Orientation\FF & Paramedic Contracts\FFPMContract Existing Employee Sponsored to
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6. 1 further understand that since I was employed by the City of Gilroy to fill Firefighter
position only, I will not be terminated for failure to comply with requirements listed in
Item #1. However, given the essential nature of and reliance on services provided
by Firefighter Paramedics, I understand and agree to be subject to the loss of my
Paramedic Differential Pay and/ or the City may utilize other City rights in
accordance with Article III of the current Firefighter's MOU if I fail to comply with the
requirements in item #1.
7. 1 understand that I will begin receiving Firefighter Paramedic Differential Pay upon
receipt of California State Paramedic Licensure.
8. I understand and agree that the Paramedic Differential is 11 % of my base pay as set
forth in the MOU. I further understand and agree to attend all required CE both in
house as well as classes provide by third parties unless on approved paid leave as
required to meet the requirements stipulated in Item #1. 1 understand that if I fail to
meet these requirements, the Department may suspend my Paramedic Differential
Pay and /or utilize other City rights in accordance with Article III of the MOU if I fail to
comply with the requirements in item #1.
9. I understand and agree to receive Paramedic Differential Pay for a minimum of 90
days and understand that continued receipt of differential pay is dependent on
compliance with all stipulated requirements in this contract. I understand that if the
requirements are complied with between the 1St and the 15"' of the month,
Paramedic Differential pay will begin accruing the 1St of that month. If I comply with
the requirements between the W' and the last day of the month, Paramedic
Differential pay will begin on the 1St of the following month.
10. 1 further understand that if I resign from the Department prior to complying with
tenure requirements stipulated in Item #3, 1 will be required to repay the City of Gilroy
for the direct cost of $8,500 for attending Paramedic School.
I fully understand and agree to comply with the above conditions.
Employee
Witness Signature
Alan M. Anderson, Fire Chief
Date
Date
Date
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GILROY FIRE DEPARTMENT
7070 CHESTNUT STREET
GILROY, CALIFORNIA 95020
Condition of Employment Contract
Exhibit M
Telephone (408) 848 -0370
FAX: (408) 848 -0379
ALAN ANDERSON
FIRE CHIEF
I , agree to the following conditions of .employment as a
Firefighter 1/11 (Paramedic) with the City of Gilroy:
1. I ,agree to continuously comply.with the following requirements:
a. Possess a valid State of California Paramedic License;
b. Comply with all requirements outlined in the most current version of the Santa
Clara County EMS Policies and Procedures manual, including all required
Continuing Education (CE) requirements;
c. Obtain and maintain Santa Clara County Accreditation; and,
d. Provide valid copies of all required certificates, licenses and other
documentation required to practice as a Paramedic in Santa Clara County with
the Gilroy Fire Department.
2. 1 understand that failure to comply. with all conditions stipulated in Item #1 of this
contract may result in the inability to practice as a Paramedic for the Gilroy Fire
Department and loss of my Paramedic Differential Pay and /or termination.
3. In addition to fulfilling all conditions stipulated in Item #1 of this contract, I
understand and agree to serve as a Firefighter Paramedic for no less than five (5)
years. I further understand that I will only be released from my obligation as a
result of promotion.
4. 1 further understand that following completion of five (5) years of service as a
Firefighter Paramedic, I will be permitted to decertify by the Fire Chief, if the
department has an unfilled Firefighter position not requiring Paramedic certification.
However, I understand that I will be required to continue to practice as a paramedic
until the position that I am vacating is filled with another qualified Firefighter
Paramedic.
5. 1 further understand that if the City's Medical Director determines that I am
prohibited from functioning as a Firefighter Paramedic for the City, the City may
suspend my Paramedic Differential Pay. In addition, if the City's Medical Director
G:\Adsrv\Hr \Orientation\FF & Paramedic Contracts\FFPM Contract NEW form.doc 10/16/2013
determines that I am prohibited from functioning as a Paramedic for, more than 90
days, the City may terminate me.
6. 1 understand and agree to obtain Santa Clara County accreditation within six (6)
months of my date of hire. In the event I fail to provide proof of accreditation within
six (6) months of my date of hire, the Department may suspend my Paramedic
Differential Pay and /or terminate me.
7. 1 understand and agree that the Paramedic Differential is 11 % of my base pay as
set forth in the MOU. I further understand and agree to attend all required CE both
in house as well as classes provided by third parties unless on approved paid lea_ ve
as required to meet the requirements stipulated in Item #1. 1 understand that if I fail
to meet these requirements, the Department may suspend my Paramedic
Differential Pay and /or terminate me.
8. 1 understand and agree to receive Paramedic Differential Pay for a minimum of 90
days and understand that continued receipt of differential pay is dependent on
compliance with all stipulated requirements in this contract. I understand that if the
requirements are complied with between the 1St and the 15th of the month,
Paramedic Differential pay will begin on the 1 st of the following month.
I fully understand and agree to comply with the above conditions.
mployee
Witness Signature
Alan Anderson, Fire Chief
First in Service to the Community
Date
Date
Date
G:\Adsrv\Hr \Orientation\FF & Paramedic Contracts\FFPM Contract NEW form.doc 10/16/2013
Exhibit N
2013 FIREFIGHTER & EMS SHIFT SCHEDULE
A4j A SHIFT A B SHIFT . A* C SHIFT
JANUARY
S M T W T F S
FEBRUARY
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MARCH
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t,ft�glendars • 809 N. Glendora Ave. • Covina, CA 91724 . (626) 967 -9021 Series P2 0 +�
GILROY FIRE DEPARTMENT
2014 SHIFT" CALENDAR
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