HomeMy WebLinkAboutRES NO 204-2022RESOLUTION NO. 2 U 4- 2 022
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING SETTING SALARIES AND RELATED
BENEFITS FOR THE FIRE SUPERVISORY UNIT OF THE
FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD.
WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City
Council to provide for salaries and related benefits for employees of the City; and
WHEREAS, in compliance with the Meyers-Milias-Brown Act of the State of
California, the City has met and conferred in good faith with the Bakersfield Professional
Firefighter's Association (BPFA) which represents the City's Fire Supervisory unit; and
WHEREAS, the City's Labor Negotiator and the BPFA have agreed to a
Memorandum of Understanding, as attached hereto; and
WHEREAS, the Council has determined that such Memorandum of
Understanding complies with the guidelines established by the City Council; and
WHEREAS, the Council has determined that provisions of the attached
Memorandum of Understanding shall commence on July 1, 2022, and expire at
midnight on June 30, 2025, for all employees of said Unit employed on the date of
adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
that commencing December 14, 2022 the attached document entitled "Memorandum of
Understanding between the Bakersfield Professional Firefiighter's Association, Fire Unit
and City of Bakersfield" shall constitute the salary schedule and related benefits for the
categories and positions specified therein on the date of adoption of this Resolution,
and that the whole of said attachment is hereby incorporated and approved as the
Memorandum of Understanding between the City of Bakersfield and the Bakersfield
Professional Firefiighter's Association, Fire Unit for the period beginning July 1, 2022,
and expiring at midnight, June 30, 2025.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on
DEC 1 4 2021 by the following vote:
C ✓ J ✓
(Zli-s> COUNCILMEMBER ARIAS, GONZALES,WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
95 COUNCILMEMBERk
A /\
LIE DRIMAKIS
C TY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: DEC 1 4 2022
By
KAREN GOH
Mayor
APPROVED AS TO FORM:
By
VIRGM IAA. GONNARO
CITY ATTORNEY of the City of Bakersfield
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MEMORANDUM OF UNDERSTANDING
Bakersfield Professional Firefighters' Association
FIRE SUPERVISORY UNIT
AND
CITY OF BAKERSFIELD
July 1, 2022 - June 30, 2025
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TABLE OF CONTENTS
ARTICLE 1.01
PARTIES TO MEMORANDUM..............................................................................I
ARTICLE 1.02
RECOGNITION.........................................................................................................2
ARTICLE 1.03
SCOPE OF REPRESENTATION..............................................................................2
ARTICLE 1.04
MANAGEMENT AND EMPLOYEE RIGHTS RESERVED..................................2
ARTICLE1.05
HOURS OF WORK...................................................................................................3
ARTICLE 1.06
SALARY AND WAGES...........................................................................................3
ARTICLE 1.07
EDUCATIONAL INCENTIVE PAY........................................................................4
ARTICLE 1.08
BILINGUAL PAY.....................................................................................................5
ARTICLE 1.09
HEALTH AND WELFARE.......................................................................................5
ARTICLE 1.10
LINE OF DUTY DEATH BENEFITS.......................................................................5
ARTICLE 1.11
UNIFORM ALLOWANCE.......................................................................................6
ARTICLE 1.12
HOLIDAYS................................................................................................................6
ARTICLE 1.13
JURY DUTY..............................................................................................................7
ARTICLE 1.14
SICK LEAVE.............................................................................................................7
ARTICLE 1.15
BEREAVEMENT LEAVE........................................................................................8
ARTICLE 1.16
CATASTROPHIC LEAVE........................................................................................9
ARTICLE 1.17
COMPENSATORY TIME.........................................................................................9
ARTICLE 1.18
ARSON ASSIGNMENT PREMIUM........................................................................9
ARTICLE1.19
VACATION...............................................................................................................9
ARTICLE 1.20
PHYSICAL ASSESSMENT PROGRAM..............................................................10
ARTICLE 1.21
GRIEVANCE PROCEDURES................................................................................
10
ARTICLE 1.22
GRIEVANCES - REVIEW......................................................................................
12
ARTICLE 1.23
RETIREE MEDICAL..............................................................................................
13
ARTICLE 1.24
NO STRIKE OR LOCKOUT...................................................................................
14
ARTICLE 1.25
LIGHT DUTY..........................................................................................................
15
ARTICLE 1.26
SMOKING REGULATIONS...................................................................................
15
ARTICLE 1.27
RESIDENCY REQUIREMENT .............................
16
ARTICLE 1.28
HEPATITIS-B INOCULATIONS...........................................................................
16
ARTICLE1.29
DRUG TESTING.....................................................................................................
16
ARTICLE 1.30
COMPENSATION ADJUSTMENT/FAIR LABOR STANDARDS ACT .............
16
ARTICLE 1.31
BREATHING APPARATUS...................................................................................
16
ARTICLE 1.32
TELESTAFF............................................................................................................
17
ARTICLE 1.33
MINIMUM EDUCATION REQUIREMENTS.......................................................
17
ARTICLE 1.34
PAYROLL................................................................................................................
18
ARTICLE 1.35
DEFERRED COMPENSATION AND SAVINGS PROGRAM .............................
18
ARTICLE 1.36
UNION SECURITY.................................................................................................
18
ARTICLE1.37
OVERTIME PAY....................................................................................................
18
ARTICLE 1.38
MINIMUM CALLBACK........................................................................................
18
ARTICLE 1.39
INTENTIONALLY LEFT BLANK ..... ...................................................................
19
ARTICLE 1.40
INTENTIONALLY LEFT BLANK.........................................................................
19
ARTICLE 1.41
AVAILABILITY OF DATA....................................................................................
19
ARTICLE 1.42
HIGHER JOB CLASSIFICATION AND LONGEVITY PAY ...............................
19
ARTICLE 1.43
LEAVES OF ABSENCE.........................................................................................
20
ARTICLE 1.44
IMPROVEMENT IN QUALITY OF SERVICE .....................................................
21
ARTICLE 1.45
MAINTENANCE OF BENEFITS...........................................................................
21
ARTICLE 1.46
VALIDITY OF MEMORANDUM..........................................................................
21
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ARTICLE 1.47
ACCESS TO PREMISES.........................................................................................
21
ARTICLE 1.48
BULLETIN BOARDS.............................................................................................
22
ARTICLE 1.49
EAT PROGRAM......................................................................................................
22
ARTICLE 1.50
EARLY RELEASE..................................................................................................
22
ARTICLE 1.51
EXAMINATIONS...................................................................................................23
ARTICLE 1.52
STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED....................................23
ARTICLE 1.53
HAZARDOUS MATERIALS..................................................................................
23
ARTICLE 1.54
RETIREMENT.........................................................................................................
23
ARTICLE 1.55
DISCIPLINE (FIREFIGHTERS BILL OF RIGHTS) .............................................
24
ARTICLE 1.56
INCENTIVE PAY....................................................................................................
24
ARTICLE 1.57
TERM.......................................................................................................................
25
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This Memorandum of Understanding is entered into with reference to the following facts
A. The Bakersfield Professional Firefighters' AssociationlAFF, LOCAL 246, hereinafter
referred to as the ORGANIZATION, is the only recognized employee organization with
the right to meet and confer in good faith on behalf of employees of the City of
Bakersfield employed in those certain classifications included within the appropriate unit
of representation commonly referred to as the Fire Supervisory Unit (Unit No. 6).
B. Representatives of management for the City of Bakersfield and representative of the
Organization have met on a number of occasions and have conferred in good faith
exchanging a number of proposals concerning wages, hours, fringe benefits and other
terms and conditions of employment for employee -members represented by the
Organization.
C. Representatives of management for the City of Bakersfield and representatives of the
Organization have reached an understanding as to certain recommendations to be made to
the City Council for the City of Bakersfield and have agreed that the parties hereto will
jointly urge said Council to adopt one or more resolutions which will provide for the
changes in wages, hours, fringe benefits and other terms and conditions of employment
contained in these joint recommendations.
THEREFORE, the representatives of Management for the City of Bakersfield and the
representatives of the Organization agree as follows:
The parties hereto shall jointly recommend to the City Council of the City of Bakersfield that one
or more salary resolutions be adopted effectuating the following changes in salaries, fringe
benefits and other terms of employment for the employee -members represented by the
Organization:
ARTICLE 1.01 PARTIES TO MEMORANDUM
This Memorandum of Understanding has been prepared pursuant to the terms of Code Section
2.76 of the City of Bakersfield, which is hereby incorporated by reference as if fully set forth
herein, and has been executed by the Designated Representatives of the City of Bakersfield and
the Bakersfield Professional Firefighters' Association, IAFF, LOCAL 246, hereinafter referred
to as the ORGANIZATION, on behalf of the employee -members occupying the job
classifications of Fire Captain, Battalion Chief, Fire Marshal /Training Officer.
1.01.1 City Council Determination. This Memorandum of Understanding constitutes a joint
recommendation between the parties here to be submitted to the City Council for the
City of Bakersfield for its determination and implementation by one or more
resolutions, as the City Council may deem fit and proper. It is agreed that this
Memorandum of Understanding is of no force and effect until so acted upon by the City
Council of the City of Bakersfield. The Memorandum contains certain
recommendations for changes in salaries, fringe benefits and other terms of
employment for the employee -members represented by the Organization. However, for
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convenience and clarity, the parties have also included herein certain provisions already
contained in existing ordinances, resolutions, and policies of the City on matters
pertaining to employer -employee relations. Therefore, it is the intent of the parties that
the recommendations set forth herein should be implemented by the City Council only
to the extent necessary to effectuate the changes expressly provided herein.
1.01.2 Conflict of Memorandum and Resolution. It is understood and agreed that there exists
within the City and the Department, in written form, certain personnel rules, policies,
practices and benefits, generally contained in the City's Civil Service Rules and
Regulations, Ordinances and Fire Department Policies. In the event of proposed
changes to said rules and regulations that subsequently effect the terms and conditions
of employment of bargaining unit employees, the Organization shall be advised for the
purpose of enabling the City and Organization to meet and confer, as soon as possible,
with respect to any such proposed changes. With regard to bargaining unit employees
only, the City shall not have the right to change said rules and regulations where such
change is expressly prohibited by specific provisions of this Memorandum of
Understanding without prior negotiations with the Organization. The City does have
the right to change said rules and/or regulations as they might affect other employees
not covered by this Memorandum without prior meeting and conferring with the
Organization.
1.01.3 Previous Memorandum. This Memorandum of Understanding replaces the
Memorandum of Understanding between the City and Organization which expired June
30, 2022.
ARTICLE 1.02 RECOGNITION
The Bakersfield Professional Firefighters' Association, IAFF, LOCAL 246, Fire Supervisory, is
hereby recognized as the Exclusive Recognized Employee Organization for those employee -
members occupying the job classifications within the Fire Supervisory Unit as set forth in the
City's Employer -Employee Relations Ordinance Supplemental Rules and Regulations.
Suppression Captains, Suppression Battalion Chiefs, Administrative Captains and Administrative
Battalion Chiefs. Administrative positions consist of sworn personnel working a 40 hour work
week schedule.
ARTICLE 1.03 SCOPE OF REPRESENTATION
The Scope of Representation of the Recognized Employee Organization shall include all matters
relating to employment conditions and employer -employee relations including (but not limited
to) wages, hours and other terms and conditions of employment but excluding the merits,
necessity or organization of any service or activity provided by law or executive order.
ARTICLE 1.04 MANAGEMENT AND EMPLOYEE RIGHTS RESERVED
The parties hereto recognize the City has and will retain the exclusive right to manage and direct
the performance of City services and the work forces performing such services. The City and
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Organization agree that nothing in this Memorandum of Understanding shall in any way abridge,
restrict or modify the rights and prerogatives of the City and its employment as set forth in Code
Section 2.76 and said Section is hereby incorporated by this reference and made a part hereof as
though set forth in full.
ARTICLE 1.05 HOURS OF WORK
The basic schedule for fire suppression employees who are covered by this Agreement shall
average 56 hours per week with no so-called "pay backs" ("D" days) for holiday time in the
schedule and with the 24-hour shift being the normal work shift for employees. The shift will
start at 0800hrs.
ARTICLE 1.06 SALARY AND WAGES
1.06.1 General Salary Increase. Salaries shall be increased for current unit members as
follows:
Effective July 8, 2019
The City shall provide a 1.0% increase for all salary ranges in effect for unit
classifications.
Effective July 8, 2019
The City shall provide a 4.5% increase to the 5`h step of all salary ranges in effect for unit
classifications.
Effective the pay period including July 1, 2020, the City shall provide an increase for all
salary ranges in effect for unit classifications equal to the increase in the Consumer Price
Index (CPI) for all urban consumers in the west region for the 12 months ending in the
December preceding the adjustment However, regardless of the CPI, the increase shall
not be greater than 2.5% or less than 1 %.
Effective the pay period including July 1, 2021, the City shall provide an increase for all
salary ranges in effect for unit classifications equal to the increase in the Consumer Price
Index (CPI) for all urban consumers in the west region for the 12 months ending in the
December preceding the adjustment. However, regardless of the CPI, the increase shall
not be greater than 2.5% or less than 1%.
Effective July 5, 2021 the City shall provide a 2.5% increase for all salary ranges in
effect for unit classifications.
Effective July 4, 2022:
The City shall provide a 5.0% for all salary ranges in effect for unit classifications.
Effective the payroll period including July 1, 2023:
The City shall provide a 5.0% for all salary ranges in effect for unit classifications.
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Effective the payroll period including July 1, 2024:
The City shall provide a 5.0% for all salary ranges in effect for unit classifications.
1.06.2 Retirement Contributions. All employees hired prior to January 1, 2011 will contribute
one percent (1 %) towards the employee retirement contribution. Such payments by the
City shall be reported as normal contributions and shall be credited to the employees
accounts pursuant to the Government Code Section 2615; this PERS pickup is done
pursuant to Section 414(H)(2) of the Internal Revenue Code. Employees hired on or
after January 1, 2011, considered classic employees under Public Employee Pension
Reform Act (PEPRA), will pay 100% of their employee PERS contribution. Pursuant
to PEPRA, employees hired on or after January 1, 2013 and classified as new
employees shall be responsible for one half of the normal cost of the retirement plan.
1.06.3 The City shall report those amounts it pays towards the employees PERS contribution
(EPMC) to PERS as special compensation. Accordingly, these amounts will then be
considered compensation for retirement purposes.
1.06.4 Hazardous Materials Pay. Fire Captains assigned to work as a certified Hazardous
Materials Specialist or Hazardous Materials Technician shall receive payment of
Seventeen Dollars ($17) per shift for those shifts actually worked in that capacity. In
the event of shift trades, the individuals assigned to work shall receive the Hazmat pay
premium, rather than the replacement.
1.06.5 Paramedic Pay. Upon ratification, up to 20 individuals certified as and assuming
paramedic duties at the direction of the Department will receive Paramedic Pay in the
amount of 5% of base pay. This provision expires upon ratification of amendments
dated October 20, 2021 and is replaced with the below.
Upon ratification, the pay period following October 20, 2021, current incumbents (13
total) certified will receive 5% of base pay. Those assuming paramedic duties at the
direction of the Department will receive an additional 10% of base pay for hours
worked.
Effective January 3, 2022, those newly appointed to the program by the Chief will be
paid as follows: an annual certification pay of $3,000.00 payable each December with
verification of valid certification. Those assigned and working shifts of paramedic
duties will be paid an additional 12% on base wages for hours worked
1.06.6 Acting Pay. The Department Policy regarding Acting Pay has been modified to provide
for rank for rank call backs for a temporarily vacant position for up to 60 days (unless
extended by the Fire Chief) prior to making Acting Pay assignments. Classifications
eligible to serve acting assignments are Firefighter, Fire Engineer and Fire Captain.
ARTICLE 1.07 EDUCATIONAL INCENTIVE PAY
The City shall pay the following amounts to employees meeting the standards set forth below:
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• 2.5% of employee's base salary and holiday pay for those fire safety personnel in the
Bakersfield Fire Department who have obtained a Fire Science Certificate requiring thirty
(30) units and eight (8) years employment or Fire Management Certificate requiring
twenty-one (21) units and eight (8) years employment with the department.
• 5% of employee's base salary and holiday pay for those fire safety personnel holding an
Associate of Arts or Associate of Science Degree which fulfills all requirements of a Fire
Science Certificate and five (5) years employment with the Bakersfield Fire Department
(inclusive of the 2.5% above).
Employees with five (5) years of employment will be eligible for the following additional
incentives:
• 5% of base salary and holiday pay for a Bachelor of Arts or Bachelor of Science Degree
from an accredited College or University.
• 5% of base salary and holiday pay for a Certified Chief Fire Officer Certificate
(individuals in the classification of Firefighter, Fire Engineer or Fire Captain) shall be
eligible for this payment if they have completed all of the requirements for Certified
Chief Officer except holding a rank necessary to obtain the certification. Once eligible,
employees must apply for, obtain and provide to the department the actual certification.
The maximum amount of educational incentive pay is 10%.
ARTICLE 1.08 BILINGUAL PAY
Firefighters/Engineers capable of speaking Spanish Members who have been designated by the
Chief and regularly utilize bilingual skills in their job or as a departmental translator for the City
shall be eligible to receive an additional Twenty -Five ($25.00) Dollars per pay period. Effective
January 3, 2022, the rate will increase to One Hundred ($100.00) per pay period. To be eligible,
an employee must; 1) Pass the test demonstrating conversational fluency in Spanish.
Additional languages may be added by the Fire Chief. Notwithstanding the above, all personnel
shall utilize any language skills they possess to the best of their ability in handling their
responsibilities. In case of an emergency, all employees will use whatever language skills they
possess to assist to the maximum extent possible. During the time of any leave of absence
without pay, employees will not be eligible for Bilingual Pay.
ARTICLE 1.09 HEALTH AND WELFARE
The City and Organization have agreed that all future meeting and conferring and decisions
regarding the structure of medical/dental insurance coverages shall take place through the Joint
City/Employee Medical Insurance Committee. The Committee shall consist of representatives
from each Unit and the City. There shall be a good faith effort to make all decisions by October
31 of each yew. Discussions as to the City's contribution toward medical/dental insurance shhalOpKF%
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continue to be determined through the formal meet and confer process between the City and the
individual units.
Medical. Vision and Dental Benefits. The City and employee shall share bi-weekly
contributions towards medical, vision and dental plans for all employees of this Unit as follows:
Eligible Fee Dental Fee Health HMO Dental HMO Health Employee
HMO Health HMO Dental Fee Health Fee Dental Contribution
Employee only
80%
80%
80%
80%
20%
Employee +1
80%
80%
80%
80%
20%
Family
80%
80%
80%
80%
20%
Life Insurance. The City shall continue to provide a basic term life insurance policy of Two
Thousand Dollars ($2,000) value. In addition, the City shall provide contributions toward a life
insurance plan of one hundred percent (100%) of the life insurance premium for a policy equal to
the employee's projected annual base salary to the nearest Five Hundred Dollars ($500).
Article 1.10 LINE OF DUTY DEATH BENEFITS
Including the prescribed death benefits defined in Labor Code Section 4701 et. at, the City shall
pay all reasonable funeral and burial expenses to a maximum of $20,000 for a Bakersfield
Firefighter who dies as the direct result of an on -duty related injury.
ARTICLE L11 UNIFORM ALLOWANCE
Upon ratification the uniform annual allowance shall be One Thousand Three Hundred Dollars
($1,300 earned and paid bi-weekly on a pro-rata basis. During the time of any leave of absence
without pay, employees will not be eligible for Uniform Allowance.
ARTICLE 1.12 HOLIDAYS
All shift employees covered by this Agreement shall accrue holiday pay at the rate of six and
one-half (6.5) shifts per year to be paid as follows: One-half (1/2) for three and one -quarter
(3.25) shifts on or before December 1 of each year and one-half (1/2) for three and one -quarter
(3.25) shifts on or before June 30 of each year. Effective the pay period beginning June 26, 2006,
holiday pay shall be earned and paid bi-weekly on a pro -ram basis. Arson Captains and Arson
Battalion Chiefs shall be entitled to standby pay in the amount of $20.00 for each holiday for
which such employee is required to stand by. In addition, any such person who is required to be
on standby status over a holiday shall receive compensatory time off at mutually agreed upon
time.
Non -shift employees shall receive holidays off and observe the same holiday practice as
provided for in the Resolution governing holiday compensation for Management employees.
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Effective immediately, the following holidays will be the only days recognized as non -training
days: New Years Day, Easter, Independence Day, Thanksgiving Day and Christmas Day.
Holidays will not be accrued during any leave of absence without pay.
ARTICLE 1.13 JURY DUTY
Employees required to report for jury duty on a scheduled work day shall be granted a leave of
absence from their assigned duties until released by the court. While on jury duty, such
employees shall receive compensation from the City equal to the difference between their regular
salaries and the amount received from the court for jury duty service, less mileage. Employees
released from jury duty must report for work as soon as possible the same day.
ARTICLE 1.14 SICK LEAVE
1.14.1 Employees in the Unit accrue sick leave at the rate of five point six (5.6) shifts
per year, with a maximum of fifty-six (56) shifts. An employee who has
accrued fifty-six (56) shifts will receive one-half (1/2) of his/her shifts accrued
and unused during the year as vacation and the other one-half (1/2) of unused
shifts will be paid to the employee no later than the 2nd pay period in January.
1.14.2 Sick leave is defined to mean an absence from duty by any employee because
(a) of his/her own illness or injury or exposure to contagious disease which
incapacitates such employee from performing his/her duties, or (b) absence
from duty for attendance upon a member of his/her immediate family because
of illness, injury, death or exposure to contagious disease where the attendance
of such employee is definitely required. As used in this section, "immediate
family" means husband, wife, child, parent or spouse's parent, or a close relative
actually residing in the employee s household. Pregnancy of the employee's
spouse in or of itself shall not be grounds for granting sick leave with pay.
Illness accompanying pregnancy but not a normal condition thereof and
supported by a physician's certificate shall be considered grounds for sick leave
with pay. Sick leave absences with pay for attendance upon employee's
immediate family shall be limited to not more than five (5) days (two and one-
half (2-1/2 shifts) during each fiscal year. Sick leave absences with pay because
of death in the employee's immediate family shall not exceed five (5)days (two
(2) shifts) for each instance.
1.14.3 Payment of accumulated sick leave in the event of death of a Battalion Chief
shall be as follows:
a. One-half (1/2) of the unused sick leave shall be paid to the member's
beneficiary or estate in the event of such member's death prior to his
separation from City employment after ten (10) years service.
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b. One-half (1/2) of the unused sick leave shall be paid to such member
whose employment is terminated for any reason, other than discharge,
after ten (10) years service.
1.14.4 Sick Leave Pay -out. The Bakersfield Professional Firefighters' Association,
IAFF, Local 246 and the City of Bakersfield mutually acknowledge that the
large majority of Unit retirements take place as disability, not service
retirements. The parties consider this practice problematic. The parties agree
that service retirements, when practical, are preferable and create the possibility
of significant savings for the City and the taxpayers. For this reason, the parties
agree that individuals retiring with a service retirement shall be entitled to a
premium sick leave pay -out. Specifically, individuals shall receive an
additional 25% of accrued sick leave at the time of retirement beyond that
provided for in City Code Section 2.84.570. This payment shall not be
considered gross remuneration for purposes of retirement.
Except as provided below, any employee converting the service retirement to a
disability retirement within five (5) years of the date of retirement shall refund
this premium sick leave payment to the City. If repayment is required, a
reasonable repayment schedule shall be established between the employee and
the City. Exceptions to the repayment requirement may be made as follows:
1. No repayment shall be required if an employee dies after retirement and
the survivor's allowance is converted to a disability allowance.
2. The City Manager will waive repayment in the event of a catastrophic
event resulting in substantial disability from heart attack, stroke or
cancer for the employee. Substantial disability is defined as a disability
which would have required the retirement of the employee if still in
active service.
ARTICLE 1.15 BEREAVEMENT LEAVE
In case of death within the immediate family of an employee, the employee may, upon approval
of the department head, use up to (2) shifts of any accumulated sick leave, vacation leave or
compensatory time off due him/her for overtime worked to attend the funeral or memorial
services. Additional time off for travel may be granted upon recommendation of the department
head and approval of the City Manager. The immediate family shall consist of spouse, parents,
grandparents, brothers, sisters, children, grandchildren, mother-in-law and father-in-law.
Employees electing to charge bereavement leave to either vacation leave or compensatory time
off shall receive no reduction in sick leave conversion rights as provided in Article 1.12.
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ARTICLE 1.16 CATASTROPHIC LEAVE
Unit members shall be permitted to participate in the City's voluntary catastrophic leave program
as adopted in the City's Administrative Rules and Regulations.
ARTICLE I.17 COMPENSATORY TIME
1.17.1 Fire personnel on five (5) day per week work schedule may accumulate compensatory
time up to ninety-six (96) hours. The use of compensatory time shall be scheduled
through mutual agreement between the employee and management. Management may
establish time off for compensatory time in excess of forty (40) hours where mutual
agreement cannot be reached. Employees retain the right to request cash payment for
any compensatory time on the books, subject to budgetary restraints.
1.17.2 Requests for compensatory time off shall be outlined in department policy
1.17.3 Shift personnel may accumulate compensatory time in -lieu of cash payment for
approved overtime. Overtime compensation is credited at one and a half times the
employee's regular base rate of compensation. Overtime compensation will be credited
only for those hours in excess of the employee's regular scheduled shift. The
compensatory time off accrual maximum shall be ninety-six (96) hours. Compensatory
time is paid out fully upon promotion and/or separation of employment.
1.17.4 Individuals in the classification of Battalion Chief shall continue to be eligible for
administrative leave in accordance with the City's Administrative Policies.
ARTICLE 1.18 ARSON ASSIGNMENT PREMIUM
Individuals assigned to the Arson Division shall receive Two Hundred Dollars ($200) biweekly
pay period specialty pay while assigned.
It is mutually understood and agreed that individuals assigned to the Arson Division are
responsible to perform stand-by duties for weekly periods approximately seventeen (17) times
per year. It is mutually agreed that this stand-by duty does not constitute work time.
ARTICLE 1.19 VACATION
1.19.1 Vacation Accrual. Fire Department safety employees who are required to work on
twenty-four hour duty shifts shall accrue vacation leave at the following rates:
1. First four years, 0.180 of twenty-four hour duty shift biweekly to yield 4.68
twenty-four hour duty shifts annually.
2. Five through fifteen years, 0.270 of a twenty-four hour duty shift biweekly to
yield 7.02 twenty-four hour duty shifts annually.
3. Sixteen years or more, 0.360 of a twenty-four hour duty shift biweekly to yield
9.36 twenty-four hour duty shifts annually.
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All other fire department employees shall accrue vacation leave in the same manner as
employees of the miscellaneous departments.
Individuals hired in the classification of Battalion Chief prior to December 1, 1996,
who are accruing vacation in excess of the amounts above shall maintain the higher
level accrual until such time as advancement in the accrual schedule is equal to the
amounts listed above.
1.19.1.1 At the request of employees in the Battalion Chief classification, the city will buy back
up to four (4) shifts of vacation accrual at straight time. The employee must submit
request by March Ist and will receive payment in the second pay period check of
March. For 2006, the submission will be by November 1" with payment in the second
pay period check of November.
ARTICLE 1.20 PHYSICAL ASSESSMENT PROGRAM
1.20.1 At least once annually, during the fiscal year and through the period of this contract, the
City will offer each unit employee the opportunity to receive a comprehensive physical
assessment and follow-up counseling session. When indicated by initial results, follow-
up testing will he performed.
The assessment will measure: cardiovascular fitness, blood pressure, blood
composition (cholesterol, etc.), body composition, muscular endurance and flexibility.
Results of the assessment shall be for the individual employee's use only. The City will
receive composite data to be used in evaluating the need for training seminars, etc. The
City will consult with the Organization prior to selecting or changing the service
provider.
1.20.2 Fitness Certification Incentive Pay: Employees achieving 12 "METS" (Metabolic
Equivalents) through the annual physical assessment program, identified in ARTICLE
1.20.1, or through the hazmat physical assessment program shall receive $1,300 in
fitness certification pay annually. Employees must provide evidence of achieving the
12 "METS" during some point of the fiscal year in order to be eligible to receive the
$1,300 certification pay, which is one time per fiscal year or upon separation of
employment.
ARTICLE 1.21 GRIEVANCE PROCEDURES
A. Puroose of the Rule
I. To promote improved employer -employee relationships by establishing grievance
procedures on matters for which appeal is not provided by other regulations.
2. To afford employees individually or through recognized employee organizations
a systematic means of obtaining further considerations of problems after every
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To provide that grievances shall be settled as near as possible to the point of
origin.
4. To provide that the grievance procedure shall be as informal as possible.
B. Matters Subject to Grievance Procedures
For the purpose of this rule, a grievance shall be considered as any matter for which
appeal is not provided for, or prohibited, in the Personnel Ordinance concerning:
A dispute about the interpretation or application of any ordinance, rule or
regulation governing personnel practices or working conditions.
2. A dispute about a decision on wages, hours and other terms and conditions of
employment, other than a fundamental management decision.
C. Informal Grievance Procedure
An employee who has a problem or complaint must first try to get it settled through
discussion with his immediate supervisor without undue delay. If, after this discussion
he does not believe the problem to be satisfactorily resolved, he shall have the right to
discuss it with supervisor's immediate superior, if any, in the administrative service.
Every effort must be made to find an acceptable solution by informal means at the lowest
level of supervision. If employee is not in agreement with the decision reached by
discussion, he/she shall then have the right to file a formal grievance in writing within ten
(10) calendar days after receiving the informal decision of his immediate superior. An
informal grievance shall not be taken above the department head.
D. Formal Grievance Procedure
(Levels of review through chain of command.)
First Level of Review. A grievance shall be presented in writing to the
employee's supervisor, as designated in the Administrative Rules, who shall
render his decision and comments in writing and return them to the employee
within ten (10) days after receiving the grievance. If the employee does not agree
with his supervisor's decision, or if no answer has been received within ten (10)
days, the employee may present the appeal in writing to his supervisors
immediate superior. Failure of the employee to take further action within ten (10)
days after receipt of the written decision of his supervisor, or within a total of
twenty (20) calendar days if no decision is rendered, will constitute a withdrawal
of grievance.
Further Level or Levels of Review as Appropriate. The supervisor receiving the
grievance shall review it, render his decision and comments in writing and retum
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them to the employee within ten (10) days after receiving the appeal. If the
employee does not agree with the decision, or if no answer has been received
within ten (10) days, he may present the appeal in writing to the department head.
Failure of the employee to take further action within ten (10) days if no decision
is rendered, will constitute a withdrawal of the grievance.
3. Department Review. The department head receiving the grievance, or his
designated representative, should discuss the grievance with the employee, his
representative, if any, and with other appropriate persons. The department head
shall render his decision and comments in writing, and return them to the
employee within ten (10) days after receiving the appeal. If the employee does
not agree with the decision reached or no answer has been received within ten
(10) calendar days, he shall have an additional ten (10) days to submit his
grievance to the City Manager. Failure of the employee to take further action
within ten (10) days after receipt of the decision or within a total of twenty (20)
days if no decision is rendered, will constitute withdrawal of the grievance.
4. City Manager Review. The City Manager, upon receiving the grievance, or his
designated representative, should discuss the grievance with the employee, his
representative, if any, and with other appropriate persons, or upon written request
by the employee, the City Manager shall hold a hearing with the employee. The
City Manager may designate a fact-finding committee or an officer not in the
normal line of supervision to advise him/her concerning the appeal. The City
Manager shall respond in writing to the employee within ten (10) calendar days
after receiving the grievance.
ARTICLE 1.22 GRIEVANCES - REVIEW
1.22.1 Grievances which may be processed through the procedure set forth in Article 1.20
shall be limited to those which (1) have not been settled under the provisions set forth
in Article 1.19 and (2) the determination of which is not vested in either the City
Manager, Chief of the Fire Department, Civil Service Commission or City Council by
the City Charter. By way of example, disciplinary matters involving suspension of
thirty (30) days or less are vested by Charter in the City Manager; and matters
involving the expenditure of City funds are vested by Charter in the City Council.
Grievances which are not settled pursuant to the grievance procedure herein shall be
resolved in the following manner:
A. Upon written notice received by either parry and within ten (10) days thereof the
parties shall each select one (1) representative for the purpose of forming a
Review Board. The two (2) representatives selected shall, within seven (7)
days, select a third party who shall be a resident of the City of Bakersfield.
B. The Review Board shall, as soon as practicable, hold hearings on the grievance,
said hearing to be held in conformity to normal hearing procedures.
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C. Either the City or the Organization may call any employee as a witness from
work if he/she is on duty. Any employee called as a witness by the City shall
not be debited for any hours not worked while on such call. Employees called
by the Organization may be reimbursed by the Organization for any loss of pay
for time off.
D. The Review Board shall have no power to alter, amend, change, add to, or
subtract from any of the terms of the Memorandum. The decision of the Board
shall be based solely upon the evidence and arguments presented to them by the
respective parties in the presence of each other.
E. Either party may be represented by legal counsel.
F. The parties shall pay their own expenses except for the third member of the
Board whose expenses shall be shared equally.
G. The decision of the review panel shall be final and binding upon the parties to
the dispute.
H. No decision of the panel shall require the exercise of the legislative authority of
the City Council nor shall it contravene any existing City ordinance, the City
Charter or State Law. The decision of the panel shall be made in writing within
twenty (20) days from the close of the hearing.
1.22.2 Notices. Except as otherwise provided herein, notices required pursuant to the
provisions of this Resolution or the Act, shall be given by United States mail, postage
prepaid, addressed to the recipient at his/her last known address. In lieu of mailed
notices required to be given by a recognized employee organization, personal delivery
of such notices may be made on the City's Designated Representative. Notice shall be
deemed for all purposes to have been given upon physical delivery thereof, or upon its
deposit in the custody of said postal service.
ARTICLE 1.23 RETIREE MEDICAL
Eligibility for and contributions toward retiree medical insurance shall be as set forth in
Bakersfield City Council Resolution.
Any employee eligible to receive retiree medical insurance coverage who is eligible for
Medicare coverage, whether through the City of Bakersfield, other employers, spouse coverage
or for any other reason, shall be required to obtain and utilize such coverage as a condition for
receiving coverage under the City's plan.
Employees hired after April 1, 1996 will be eligible for retiree medical under the following
conditions:
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a) Participation in the City retiree medical insurance plan will be offered to those employees
who retire following twenty (20) years of permanent service or retire due to disability.
Such retirees will receive a premium subsidy based upon 3% per year of service up to a
maximum of 30 years (90%), of the lower of the HMO or Fee -For -Service single rate. In
no case shall a retiree in this class receive more than 90% of their applicable rate
structure (i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies
from the City.
b) Any employee eligible to receive retiree medical insurance coverage who is eligible for
Medicare coverage (Part A) whether through the City of Bakersfield, other employers,
spouse coverage, or for any other reason, shall be required to obtain and utilize such
coverage as a condition for receiving coverage under the City's retiree medical plan.
c) Employees hired after April 1, 1996, shall not be eligible to receive the 42% Fee -For -
Service plan subsidy.
d) The ICMA Vantage Care Retiree Health Savings Account program (RHSA) will be
implemented for all unit employees.
The RHSA will provide for deposit of termination payouts into the employees account. A
prospective leave contribution in the form of designated holiday pay contributions will be
included. These and other provisions will be as set forth in the agreement between the
City and ICMA.
The City assumes no liability for adverse tax rulings by the IRS relative to this program.
Employees hired after May 5, 2006 will not participate in either of the retiree health
subsidy programs set forth in this section. In lieu, the City will match up to one (1%)
percent annual salary of the employee's annual mandatory contributions to their
Retirement Health Savings Account commencing the beginning of their sixth (6ih) year of
employment.
ARTICLE 1.24 NO STRIKE OR LOCKOUT
The City agrees not to engage in any lockouts of the members of the Organization during the
term of this Agreement. Participation by any employee in a strike or work stoppage is unlawful
and shall subject the employee to disciplinary action, up to and including discharge. No
employee organization, its representatives or members shall engage in, cause, instigate,
encourage or condone a strike, work stoppage or work slowdown of any kind. If a recognized
employee organization, its representatives, or members engage in, cause, instigate, encourage or
condone a strike, work stoppage or slowdown of any kind, in addition to any other lawful
remedies or disciplinary action, the City's Designated Representatives may suspend or revoke the
recognition granted to such employee organization, may suspend or cancel any or all payroll
deductions payable to such organization, prohibit the use of bulletin boards, prohibit the use of
City facilities and prohibit access to former work or duty stations by such organizations.
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As used in this Section, "strike or work stoppage' means concerted failure to report for duty, the
willful absence from one's position, the stoppage of work or the abstinence in whole or in part
from the full, faithful performance of the duties of employment for the purpose of inducing,
influencing, or coercing a change in the conditions of compensation or the rights, privileges or
obligations of employment. Any decision of the City's Designated Representative made under
the provisions of this section may be appealed to the City Council by filing a written Notice of
Appeal with the City's Designated Representative, accompanied by a complete statement setting
forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed
within seven (7) days after the affected employee organization first receives notice of the
decision upon which its complaint is based or its complaint will be considered closed and not
subject to any other appeal.
ARTICLE 1.25 LIGHT DUTY
When due to injury or illness, whether or not the injury or illness is work related and the
employee is unable to perform his or her usual duties, the employee may work in a light duty
capacity based on the following conditions:
A. An employee may work light duty only upon approval of the properly appointed City
Physician and Fire Chief, and only to the extent that the employee's illness or injury is not
further aggravated by working in this capacity, nor is a hazard created for other
employees.
B. Each applicant for light duty status must be evaluated on a case -by -case basis.
C. Individuals are not assigned to light duty if there is a chance that doing so might result in
liability against the City.
D. It is not possible to list the specific tasks assigned to light duty personnel Task
assignments depend on physical limitations, as well as project needs, which fluctuate on a
daily basis. Some individuals might enter run reports into the computer, others might
assist in filing, making copies, collating, etc.
E. Employees shall accept light duty assignments if offered if their illness/injury is job
related.
F. Employees denied a requested light duty assignment will be provided a written
explanation if requested.
Every effort is made to make the light duty assignment a pleasant leaming experience for each
individual involved.
ARTICLE 1.26 SMOKING REGULATIONS
1.26.1 Employees hired after January 1, 1987, must be non-smokers. Prospective employees
shall be required to sign an affidavit indicating that they have not smoked during the
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twelve (12) month period prior to hiring by the City. Further, they shall agree that they
shall not smoke, either on or off duty, during the term of their employment with the
City. Violation of the non-smoking agreement shall result in disciplinary action.
1.26.2 The City and the Organization have met and conferred on the implementation of
smoking regulations for fire stations. The parties have agreed to amend the draft
smoking regulations by allowing smoking on apparatus floor only.
ARTICLE 1.27 RESIDENCY REQUIREMENT
The residency requirement shall be two and a half (2.5) hours normal driving time from City
limits. Normal driving time shall be defined as driving at the posted speed limit, absent any
accidents, traffic jams, etc. Those parties hired on or after January 1, 2023 will verify residency
using Google maps with a departure time of 5:30am and the address for City Hall (North). The
Fire Chief will have the authority to waive this requirement in appropriate circumstances.
ARTICLE 1.28 HEPATITIS-B INOCULATIONS
The City shall make available to all Unit employees, Hepatitis-B inoculations. Employees shall
receive the inoculations on a voluntary basis.
ARTICLE 1.29 DRUG TESTING
The Organization and City have agreed on a substance abuse policy.
ARTICLE 1.30 COMPENSATION ADJUSTMENT/FAIR LABOR STANDARDS ACT
The parties recognize that other shift personnel supervised by the Fire Captain classification have
received an increase in compensation for the basic fifty-six (56) hour work week due to the Fair
Labor Standards Act This increased compensation has affected normal compensation
differentials between the classifications. The parties have agreed to compensate for this change
in compensation by providing a one point five percent (1.5%) base wage adjustment for the Fire
Captain classification, effective January 5, 1987. This adjustment will remain in effect only for
so long as the Firefighter and Fire Engineer classifications receive Fair Labor Standards Act
overtime for the fifty-six (56) hour work week and Fire Captains do not receive this
compensation.
It recognized that this adjustment is overtime compensation, and therefore, not to be considered
base salary for wage comparison purposes.
ARTICLE 1.31 BREATHING APPARATUS
The City shall provide individual breathing apparatus masks for each unit employee engaged in
fire suppression activities.
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ARTICLE 1.32 TELESTAFF
The Department has adopted Policy 306, implementing the TeleStaff System.
ARTICLE 1.33 MINIMUM EDUCATION REQUIREMENTS
The parties have agreed to establish minimum educational requirements as follows:
Fire Chief:
• Possession of a Bachelor of Arts/Science Degree from an accredited college or university;
and experience other than Suppression.*
*To include any staff position or assignment detailed by the City Manager.
Deputy Fire Chief:
• Possession of a Bachelor of Arts/Science Degree from an accredited college or university;
experience other than Suppression*; and completed Chief Officer Certification.
*To include any staff position or assignment detailed by the Fire Chief or his/her designee.
(i.e. Training, Arson, P.I.O., Administrative position, etc.)
Fire Battalion Chief
• I year as a Captain with Bakersfield Fire Department
• Company Officer Certification
• Chief Fire Officer Certification
o Meet all prerequisites, educational requirements and experience requirements
o Exceptions: Rank/position and task book
• A.A./A.S. Degree or higher degree
Fire Captain
• 1 year as an Engineer with Bakersfield Fire Department
• Company Officer Certification
o Meet all prerequisites, educational requirements and experience requirements
o Exceptions: Rank/position and task book
• Bakersfield Fire Department Captain Certification
• Fire Technology Certificate
OR
• 30 semester units towards A.A/A.S. Degree or higher degree
All minimum requirements must be met prior to or on the filing date for any
vacancy.
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ARTICLE 1.34 PAYROLL
1.34.1 Direct deposit shall be mandatory for all employees.
1.34.2 All payroll changes shall take place at the nearest pay period.
ARTICLE L35 DEFERRED COMPENSATION AND SAVINGS PROGRAM
Deferred Compensation. The City agrees to make available to the employees covered by this
Agreement a deferred compensation program. The City will request the addition of a 457 Roth
deferred compensation option by December 31, 2021.
Savings Program. The parties agree to establish a cost savings/sharing program. The procedures
for implementing this Plan will be worked out by mutual agreement of the parties.
ARTICLE 1.36 UNION SECURITY
Union dues shall be processed and administered in accordance with the provision of SB866
(2018).
ARTICLE 1.37 OVERTIME PAY
1.37.1 Shift Rate. Fire Captains of the Fire Department assigned to work authorized overtime
shall be compensated at one and one-half (1-1/2) times the hours of overtime worked.
Authorized overtime shall be any time worked over the regular work schedule.
1.37.2 Reimbursed Overtime. Battalion Chiefs assigned to work authorized overtime shall be
compensated at one and one-half (1-1/2) times the hours of overtime worked.
Authorized overtime shall be any time worked over the regular work schedule.
1.37.3 Constant Staffing. Consecutive hours worked will be determined by department policy.
In the event there are not sufficient Battalion Chiefs available to fill vacancies, the Fire
Chief will provide criteria to determine which Captains are eligible to act as a Battalion
Chief.
ARTICLE 1.38 MINIMUM CALLBACK
Fire Captains called back to work after being released from duty shall be entitled to a minimum
of two (2) hours of pay. Such minimum time shall not be applicable for employees standing by
for relief of other regular shift of workers on a normal shift -to -shift basis unless the employee is
required to stand by for more than one (1) hour, in which case the two (2) hours minimum
applies. Such callback time shall be paid at the rate of time and one-half (1-1/2) in cases of
callback for shift work or other non -emergency work. Double time shall be paid for callbacks
for fires, fire watches, staffing reserve fire apparatus during fires, and other emergency situations
such as windstorms, earthquakes, rescue and flood except that the payment for all office of
emergency service mutual aid overtime shall be at the one and one-half (1-1 /2) time rate.
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ARTICLE 1.39 INTENTIONALLY LEFT BLANK
ARTICLE 1.40 INTENTIONALLY LEFT BLANK
ARTICLE 1.41 AVAILABILITY OF DATA
The City will make available to employee organizations such non -confidential information
pertaining to employment relations as is contained in the public records of the agency, subject to
the limitations and conditions set forth in this rule and Government Code Section 6250-62-60.
Such information shall be made available during regular office hours in accordance with the
City's rules and procedures for making public records available and after payment of reasonable
costs, where applicable. Information which shall be made available to employee organizations
includes regularly published data covering subjects under discussion. Data collected on a
promise to keep its source confidential may be made available in statistical summaries, but shall
not be made available in such form as to disclose the source. Nothing in this rule shall be
construed to require disclosure of records that are:
A. Personnel, medical and similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy or be contrary to merit system principles unless
authorization by the individual employee is obtained.
B. Working papers or memoranda which are not retained in the ordinary course of business
or any public records available which clearly outweigh the public interest served by
disclosure of the record.
C. Records pertaining to litigation to which the City is a party, or to claims or appeals which
have not been settled.
D. Nothing in this rule shall be construed as requiring the City to do programming or
assemble data in a manner other than usually done by the agency.
ARTICLE 1.42 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY
A. Bidding and Promotions. The parties agree that the past practice on bidding and the
Filling of Fire Captain vacancies shall continue, providing that all actual vacancies shall
be filled within two (2) weeks of the occurrence of the actual vacancy. Testing or
promotion for a Battalion Chief vacancy shall occur within 30 days.
Effective immediately, employees assigned to the training function shall have the right to
either, 1) return to their prior assignment, or 2) to bid positions while assigned to training
to which they would move to upon completion of the training assignment.
B. Longevity Pay.
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All Fire Captains covered by this Agreement hired prior to April 10, 1989, who
complete fifteen (15) years of seniority with the City, shall receive additional pay
that is equal to but not more than that amount of educational incentive pay that
those employees covered by this Agreement receive who qualify, for incentive pay
based upon an Associate Arts degree in Fire Science and/or Bachelor of Arts
degree. No employee shall be permitted to pyramid the fifteen (15) years
seniority and the AA and/or BA degree incentive pay. However, the payment of
this longevity pay shall in no way eliminate any other pay the employee is
entitled.
2. Employees hired after April 10, 1989, shall not be eligible to receive longevity
pay.
ARTICLE 1.43 LEAVES OF ABSENCE
A. Leave of absence without nay. Leaves of absence without pay, up to a period of six (6)
months, may be granted to an employee upon the recommendation of the department
head with the approval of the City Manager.
No leave of absence shall be granted to allow an employee to accept other employment
on a trial basis. Leaves of absence for periods of time longer than six (6) months must be
approved by the City Council. Employees on authorized leave of absence without pay
shall not accrue vacation, holiday, or sick leave benefits during such leave.
B. Unauthorized leave of absence. Unauthorized leave of absence shall be considered to be
without pay and reductions in the employee's pay shall be made accordingly.
Unauthorized leave of absence for more than two (2) consecutive working shifts shall
result in automatic termination of employee unless the employee can demonstrate that
such absence was due to circumstances beyond his/her control.
C. Military leave of absence. Military leave shall be granted in accordance with the
provisions of State and Federal laws. All employees entitled to military leave shall give
the department concerned an opportunity, within the limits of military regulations, to
determine when such leave shall be taken.
D. Community Service leave of absence. Leave of absence with pay, not to exceed one (1)
full working day, may be granted an employee upon the recommendation of the
department head and the approval of the City Manager if such leave is determined to
provide a community service and is in the best interests of the City.
E. Discretion of the City Council. The City Council may, at its discretion, upon good cause
shown, grant leaves of absence other than as provided for herein.
F. Business and Training Leave. The Chief, or his designee, may grant paid -time- off for
qualifying business or training forums (i.e., conferences, workshops, etc.) which fall on a
scheduled workday.
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ARTICLE 1.44 IMPROVEMENT IN QUALITY OF SERVICE
It is the intent of the parties to improve the quality of service that the Fire Department provides
the citizens of Bakersfield. It is agreed that the Employee and the Organization shall implement
such steps that are necessary to bring about such improvements to include the formation of Labor
Management committees to meet as necessary to discuss issues of mutual concern..
ARTICLE L45 MAINTENANCE OF BENEFITS
Except as specifically provided herein, the City and then Organization hereby expressly waives
any right to request any improvements or changes in the wages, hours or other terms and
conditions of employment for the and the parties, through its representatives shall not be required
to meet and confer as to any such request.
The parties recognize that there are existing ordinances, resolutions and policies relating to
benefits and other terms and conditions of employment and the same are not affected by this
Agreement except as recommended herein.
ARTICLE 1.46 VALIDITY OF MEMORANDUM
Should any portion of this Memorandum or any provision herein contained be rendered or
declared invalid by reason of any existing or subsequently enacted legislation or by any decree of
a competent jurisdiction, such invalidation of such portion of this Memorandum shall not
invalidate the remaining portions hereof, and they shall remain in full force and effect. The
parties hereto mutually agree, during the term of this Memorandum, not to seek to meet and
confer for the purpose of modifying any provision contained in this Memorandum unless the
parties mutually agree in writing to do so. Should the parties mutually agree in writing to meet
and confer during the term of this Memorandum, neither party shall be obligated to add to,
subtract from, or otherwise modify the terms herein, but if it is the desire of both parties to
institute such changes, such changes shall not be precluded by this or any other provision of this
Memorandum. Nothing contained in this Memorandum shall be interpreted to preclude the
parties from meeting and conferring during the term hereof with respect to the interpretation
and/or application of provisions of the Memorandum, the City's provisions of the City of
Bakersfield Code which deal with personnel matters, insofar as these documents affect the
employees represented by the Organization under the terms of this Memorandum of
Understanding.
ARTICLE 1.47 ACCESS TO PREMISES
Reasonable access to employee work locations shall be granted officers of recognized employee
organizations and their officially designated representatives, for the purpose of processing
grievances or contacting members of the organization concerning business within the scope of
representation. Such officers or representatives shall not enter any work location without the
consent of the department head or the City's Designated Representative. Access shall be granted
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security requirements. Solicitation of membership and activities concerned with the internal
management of an employee organization, such as collecting dues, holding membership
meetings, campaigning for office, conducting elections and distributing literature, shall not be
conducted during work hours. If the attendance at a station exceeds the personnel on duty, the
Organization shall gain approval for the meeting from the officer in charge of the Bakersfield
Fire Department.
ARTICLE 1.48 BULLETIN BOARDS
Recognized employee organizations may use City bulletin boards for conduct of their business
and social events under the following conditions:
A. All materials must receive the approval of the department head in charge of the
departmental bulletin board. (In some situations, particularly where larger employee
organizations are involved, centralized approval by the City Manager or his designated
representative may be more appropriate.)
B. All materials must be dated and must identify the organization that published them.
C. The actual posting of materials will be done by the City as soon as possible after they
have been approved. Unless special arrangements are made, materials posted will be
removed thirty-one (31) days after publication date. Materials which the department
head considers objectionable will not be posted, provided, however, the department head
shall first discuss this denial with the City Manager.
D. The City reserves the right to determine where bulletin boards shall be placed and what
portion of them are to be allocated to employee organizations' materials.
E. An employee organization that does not abide by these rules may forfeit its right to have
materials posted on City bulletin boards. The parties agree that the City will allow the
installation of message boards provided by the Organization at each fire station. The size
and location of such boards are subject to the approval of the Fire Chief. Message boards
may be utilized by the Organization and all department employees; however, nothing
shall be posted of a defamatory nature.
ARTICLE 1.49 HAP PROGRAM
The Organization will work with the department to resolve concerns regarding the confidentiality
of the HAP program.
ARTICLE 1.50 EARLY RELEASE
Fire Captains may, subject to approval of the on -duty Battalion Chief, arrange for early release
up to two (2) hours prior to the scheduled end of their work shift. Release shall be contingent
upon the employee's replacement arriving to assume duty responsibility, and completion of
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paperwork/Telestaff documenting the early release. Prior department approval is not required
for early release.
Compensation for early release is the responsibility of the involved employees, pursuant to
procedures utilized for shift trades.
ARTICLE 1.51 EXAMINATIONS
Members participating in a promotional examination may, upon request, receive feedback on
performance and final exam scores. This explanation is for information only, and shall not be
subject to any form of appeal. Actual exam documents will be redacted or summarized for exam
and rater integrity.
ARTICLE 1.52 STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED
1.52.1 Once annually, the Department will designate the stations meant to be utilized for
strike team responses.
1.52.2 On duty personnel assigned to the selected apparatus shall be the first selected.
ARTICLE 1.53 HAZARDOUS MATERIALS
The City and Union have agreed that, effective with the full implementation of constant staffing,
only individuals possessing the requisite hazardous materials certifications or other qualifications
as determined by the Fire Chief, shall be allowed to bid to work the hazardous materials stations.
ARTICLE 1.54 RETIREMENT
1.54.1 Tier one: The City maintains in place for represented employees, hired prior to
January 1, 2011, the 3% at 50 retirement program with the following options:
1. One Year Final Compensation
2. Post Retirement Survivor Allowance.
3. 1959 Survivor Benefits —4ih level
4. Military Service Credit as Prior Service.
5. Option 2 Death Benefit
1.54.2 Tier two: Employees hired on or after January 1, 2011 but before January 1, 2013 or
employees classified as "classic" members under the Public Employees Pension
Reform Act (PEPRA) will be covered by the 2% @50 retirement formula and the 36
highest consecutive months final compensation provision. Other plan options will be
as set forth in 1.54.1 above.
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OORIGINAL-
1.54.3 Tier three: For employees hired on or after January 1, 2013 and classified as "new"
members of Ca1PERS under PEPRA, the City shall maintain a contract with CaIPERS
for the provision of a 2.7% @ 57 (highest 36 months) retirement benefit formula.
Other plan options will be as set for under 1.54.1 above.
ARTICLE 1.55 DISCIPLINE (FIREFIGHTERS BILL OF RIGHTS)
The City will comply with the requirements of the Firefighters Bill of Rights. .
ARTICLE 1.56 INCENTIVE PAY
The City shall pay Administrative Captains an additional five percent (5°/u) of their salary as incentive
pay for assuming additional responsibilities and for assuming a non -shift schedule.
In order to attract the most qualified individuals for the position of Fire Captain in the Training
Division, the following additional rights and privileges have been granted:
1. Bid Rights
The Training Captain is subject to the same bid rights and policies as the rest of the
department with the following additions:
A. The Training Captain is a specialty bid position as mentioned elsewhere in the
MOU.
B. Members who bids the Training Division loses all bid rights for one (1) year, the
same as any other successful bid.
C. If no personnel bid the administrative assignment then the assignee to the
administrative position, retains bid rights.
D. Any assignment to a administrative position is for up to a two-year term, unless
otherwise agreed to by all parties. During the term, bids may be submitted to hold
positions until the term is fulfilled.
E. Personnel who bids a administrative position, or is assigned to a position, shall
have their former assignment held until their term is fulfilled. This position is
filled using the normal bid process with the knowledge this position is a
temporary assignment should the personnel choose to return to the previous
assignment once the Training Captain assignment is completed. Should the
personnel successfully bid another assignment, the temporary assignment
becomes a permanent assignment (See paragraph F below).
F. During the term, not to exceed two years unless prior agreement of all parties, of
the administrative assignment, the member may bid and hold another assignment.
If the member is awarded a bid then the position may be filled by the next senior
member bidding that position with the knowledge this is a temporary assignment.
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Should no bidding member choose to accept this assignment, the least senior
member is assigned to the temporary position.
G. At the end of the assignment, the incumbent may choose to fill the temporary
position whether that be the original assignment or a successful bid assignment.
The person who held the temporary assignment is displaced for their assignment
and is subject to the bid system. If the assignee chooses to remain in the
administrate position, then the temporary position held for him/her becomes a
permanent position for the other member.
H.. The assignee's original bid station will only be held for a maximum of two years.
If the assignee chooses to remain in the admin position their station vacancy will
be subject to bid.
ARTICLE 1.57 TERM
This Agreement shall be effective as of July 1, 2022, and shall remain in full force and effect
until June 30, 2025, or until a new Agreement has been executed. Proposals for the contract
period beginning July 1, 2025, shall be submitted no later than March 1, 2025 and negotiations
shall commence on or before April 1, 2025 unless the parties mutually agree otherwise.
Memorandum is entered into and effective upon ratification and acceptance by the City Council
of the City of Bakersfield.
FOR THE ORGANIZATION:
Nick Votes
Randall Windh
FOR T}'v 0r1".
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Scott A rews
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City Of Bakersfield
Salary Schedule by Title
68130 FIRE BATT CHIEF -DAYS
Effective: Jul 4, 2022
Approved: Dec 14, 2022
F65 53.1174 55.775 58.5648 61.5006 67.4741
•
BAK: RS-FIELD
2080
$9,207.02
$9,667.66
$10,151.23
$10,660.10
$11,695.50
68132
FIRE BATT CHIEF -SUPPRESS
F60
37.9397
39.8412
41.832
43.9257
48.1982
C
2912
$9,206.69
$9,668.13
$10,151.23
$10,659.30
$11,696.08
67180
FIRE CAPTAIN - DAYS
F55
42.4001
44.5463
46.7912
49.1579
53.9732
A
2080
$7,349.34
$7,721.35
$8,110.47
$8,520.69
$9,355.35
67182
FIRE CAPTAIN - SUPPRESSION
F50
30.2852
31.8276
33.4173
35.1246
38.5602
A
2912
$7,349.20
$7,723.50
$8,109.26
$8,523.57
$9,357.28
32150
FIRE ENGINEER - DAYS
F30
35.4858
37.2782
39.1472
41.1495
45.1847
O A
2080
$6,150.87
$6,461.55
$6,785.51
$7,132.58
$7,832.01
32152
FIRE ENGINEER - SUPPRESSION
F15
25.3481
26.6291
27.9636
29.3937
32.276
A
2912
$6,151.13
$6,461.98
$6,785.83
$7,132.87
$7,832.30
68440
FIRE MARSHAL/TRAINING OFFICER
F70
55.7193
58.5071
61.4355
64.511
70.7753
A
2080
$9,658.01
$10,141.22
$10,648.82
$11,181.90
$12,267.71
32202
FIREFIGHTER - SUPPRESSION
F10
22.9677
24.1206
25.3481
26.6259
29.2215
A
2912
$5,573.50
$5,853.27
$6,151.13
$6,461.22
$7,091.08