MEMORANDUM OF UNDERSTANDING
COUNTY OF SANTA BARBARA AND
SANTA BARBARA COUNTY FIRE FIGHTERS, INC., LOCAL 2046

April 24, 2006 to March 7, 2010

SECTION 1. Purpose

This Memorandum of Understanding is hereby entered into between the County of Santa Barbara, hereinafter referred to as the COUNTY, and the Santa Barbara County Fire Fighters, Inc., Local 2046, hereinafter referred to as the UNION. It is the general purpose of this Memorandum of Understanding to promote the mutual interest of the County and its employees and to establish and summarize rates of pay, and certain other terms and conditions of employment.

SECTION 2. Recognition

The County hereby recognizes the Union as the majority bargaining representative for the employees in the following representation units:

A. Firefighter Non-Supervisory--Unit 12
Fire Engineer-Inspector
Fire Equipment Operator
Fire Equipment Operator, Assistant
Firefighter
Helicopter Pilot

B. Firefighter Supervisory--Unit 13
Fire Captain
Fire Equipment Operator, Supervising

The term "Employee" or "Employees" as used herein shall refer to individuals employed by the County in regular positions (excluding temporary, extra-help employees) as well as such employees in classifications that are added to the above representation units hereafter through the provisions of the County Employer-Employee Relations Resolution or applicable State law.

SECTION 3. Non-Discrimination

The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without discrimination because of race, color, sex, age, religion, marital status, national origin, political affiliation, disability or Union membership.

SECTION 4. Union Security

A. The County agrees to deduct Union dues, insurance premiums and other deductions as agreed between the parties when such have been authorized in writing by the individual employee on a form acceptable to the Auditor-Controller for such deductions.

B. Each pay period the County agrees to supply the Union with a dues checkoff list for employees in units represented by the Union. Said lists shall be without cost to the Union.

SECTION 5. County Rights

A. The County retains, among other management rights, the exclusive right to determine the methods, means, and personnel by which County Government operations are to be conducted, as well as to exercise complete control and discretion over its organizations, operations, and technology of performing its work; to determine the mission, functions, and necessity of all or part of each of its constituent departments, boards, and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service to the public. Moreover, the County Fire Chief or his designated representative retains complete authority to assign employees in classifications represented by the Union to meet the Fire Department’s operational needs; assignments made under this authority are at the sole discretion of the Fire Chief and are not subject to appeal.

B. The County also retains the sole right to administer the Civil Service system, to classify or reclassify positions, add or delete positions or classes to or from the Salary Resolution; to establish standards for employment, promotion, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause, to establish work schedules and work assignments, and to relieve its employees from duty for lack of work or other legitimate reasons. The County retains the right to be the sole judge, subject to its Civil Service Rules and Procedures, of the qualification and competence of its officers and employees.

C. The County reserves the right to take whatever action may be necessary in an emergency situation; however, the Union shall be notified promptly of any such emergency action which affects matters within the scope of representation.

D. This section is not intended to restrict consultation with the Union regarding matters within the right of the County to determine. Any of the management rights currently enumerated in this section and the impact or consequences of the exercise of said rights shall be excluded as a proper subject of the Grievance Procedure.

E. Notwithstanding the above, nothing herein shall constitute a waiver of rights guaranteed to the parties under the Meyers-Milias-Brown Act (Govt. Code §3500 et seq.)

SECTION 6. Union Rights

A. Prior to making any changes in the Fire Department rules and regulations that affect working conditions, the County will provide the Union with reasonable notice of the proposed rule change and an opportunity to respond in writing.

B. The Union may furnish a bulletin board at each main work location for the conduct of Union business. The size and location of such bulletin board shall be determined jointly by the Fire Chief and the Union.

All materials to be posted on such bulletin board shall be nondefamatory, must be approved and signed by a Union official and shall be used only for information related to the following subjects:

1. Union recreational, social and related news bulletins;
2. scheduled Union meetings;
3. information concerning Union elections or the results thereof;
4. reports of official business of the Union, including reports of committee or the Board of Directors.

SECTION 7. Salaries

A. Effective April 24, 2006, salaries for classifications represented by the Union shall be increased by 2.7%.

B. Effective March 12, 2007, salaries for classifications represented by the Union shall be increased by 1.5%.

C. Effective March 10, 2008, salaries for classifications represented by the Union shall be increased by 2.7%.

D. Effective March 9, 2009, salaries for classifications represented by the Union shall be increased by 2.7%.

E. In addition to the increases provided above, salaries for the classification of Helicopter Pilot shall receive an equity adjustment of 9.5% effective April 24, 2006 to bring compensation to the same level as the classification of Fire Captain.

SECTION 8. Hours of Work

Employees in staff assignments shall work a 40-hour, four-day or five-day work week, or another work schedule constituting 80 hours in a pay period. The Fire Chief shall determine and approve specific work schedules. Employees in staff assignments may be temporarily or permanently reassigned from a 40-hour work week to a shift schedule to meet operational requirements. In the event of a permanent change in the work schedule, the Fire Chief shall give advance notice to the Union and upon request provide an opportunity to meet.

Employees in shift assignments shall work an average annual work week of fifty-six (56) hours on a twenty-four (24) day cycle. A work shift shall be twenty-four (24) consecutive hours beginning and ending at 0800 hours. The Fire Chief shall establish an official shift schedule annually. Employees on a shift schedule may be temporarily or permanently reassigned to a 40-hour work week or a different shift schedule to meet operational requirements.

SECTION 9. Constant Staffing

The number of established post positions, as determined by the County from time to time shall be filled as provided below to maintain necessary minimum staffing levels. Uncovered established post positions on the annual shift schedule shall be first offered to qualified employees on a voluntary basis. If such established post positions are not filled by permanent appointments, or if permanently appointed employees are absent or unavailable, qualified employees in staff or shift assignments shall be assigned to fill uncovered established post positions. Staff or shift employees working on an established post necessary to maintain staffing levels shall be paid for time worked at a rate consistent with the overtime provisions of this agreement. Employees in staff assignments (non-shift assignments) working an established post to maintain minimum staffing shall be paid at the shift assignment rate for their classification and salary range step. Unless an employee qualifies for a higher rate of pay pursuant to Section 418 of the Santa Barbara County Civil Service Rules, an employee working an uncovered post position shall be paid only such amount as is authorized for the position to which he/she was permanently appointed.

For constant staffing purposes, on-duty employees participating in training outside the county but within one-hour recall may be included in any evaluation of in-county strength.

SECTION 10. Shift Exchange

Employees in shift assignments may exchange work shifts voluntarily with advance notice and approval from the Fire Chief or his designated representative.

Employees exchanging shifts shall be of equal rank unless in the opinion of the Fire Chief, or his designee, operating efficiency will not be reduced by the proposed exchange between ranks.

A shift exchange shall be of at least one hour's duration, but no longer than twenty-four (24) hours. The payback of a shift exchange shall be within twelve (12) calendar months of the shift exchange worked.

An employee who owes six or more shift exchanges (maximum 144 hours) will not be eligible to incur more shift exchanges unless specifically authorized by the Fire Chief or his designated representative.

The County and Fire Department are not responsible for shift exchange arrangements made between employees. Outstanding shift exchange paybacks are the responsibility of the individual employee. Employees working shift exchanges shall receive no additional monetary or other compensation from the County.

Each employee is responsible for his/her own shift schedule assignment. Shift exchanges taken off will be reported and treated as leave with pay, provided the replacement employee reports for and performs work as arranged. If a replacement employee is not so provided, the employee taking time off shall:

1. Report for duty rather than take the shift exchange;
2. Arrange for an alternate replacement employee;
3. By mutual agreement between the employee and the Fire Chief, reschedule the regular shift; or,
4. Be treated and reported as being on leave without pay.

SECTION 11. Early Relief and Daylight Savings Time

Early relief of employees in shift assignments on a voluntary basis may be authorized at the discretion of the Fire Chief or his designated representative. Early relief, when authorized, may occur between 0600 and 0800 of the same morning. When such early relief occurs, time worked for purposes of payroll shall be as of 0800.

Due to going on daylight savings time each April and off each October, shift assignment employees work either an extra hour or one hour less than the regular (24) hour shift. For purposes of payroll time reporting the shifts affected by the change on to and off of daylight savings time shall be treated as a regular 24 hour shift.

The exception to strict adherence to actual time worked for payroll is for the convenience of the employees. The County and Fire Department are not responsible for early relief arrangements or individual hardships that occur due to daylight savings. The Union shall indemnify, defend, and hold the County harmless for any and all claims, demands, lawsuits, or any other action arising from the provisions of this agreement.

SECTION 12. Stand-By Duty

Stand-by Duty procedures may be established by the Fire Chief in accordance with the provisions of the salary resolution. Employees assigned to stand-by duty by the Fire Chief shall be compensated and governed by the following:

A. Stand-by duty requires that employees so assigned:
1. Be ready and take steps immediately to respond to calls for their services.
2. Be readily reachable by telephone or paging device.
3. Remain within a specified distance or time from their work stations.
4. Refrain from activities which might impair their ability to perform their assigned duties.

B. Compensation shall be at the rate of $3.00 per hour for each hour on such stand-by duty and shall be paid at the same time as scheduled for the pay period in which the stand-by duty was performed.

C. Stand-by duty pay, when properly authorized, shall be paid for a minimum of one hour.

D. Employees other than those exempted for overtime compensation shall, when called to active duty while on stand-by duty status, be compensated for such active duty at the applicable overtime rate. Work time for an employee called to active duty while on stand-by status shall begin at the time of notification to report to a job site and shall continue until the employee stops work. A minimum of one hour at the appropriate rate shall be paid in those cases when an employee on stand-by status is required to report to a job site, but the minimum shall not apply for work performed at another location.

E. No employee shall be paid for stand-by duty time and other compensable duty time simultaneously.

SECTION 13. Emergency Call-Back

When an employee who is not on duty or not receiving stand-by duty pay reports to duty in response to a call from the Fire Chief or his designated representative, said employee shall be entitled to a minimum credit of two (2) hours paid time. All hours worked on an emergency call-back shall be paid at the employee's applicable hourly rate.

SECTION 14. Overtime

Overtime for eligible employees, including Fire Captains, in staff assignments shall be defined as hours worked in excess of 80 hours in a fourteen day work period. Overtime for eligible employees, including Fire Captains, in 56 hour work week shift assignments shall be that time worked in excess of the standards of the Fair Labor Standards Act (hereinafter FLSA) for a 24 day work period. For the purpose of computing overtime, all regular hours in a paid leave status shall be considered as hours worked.

Notwithstanding the above paragraph, all overtime eligible shift employees who report regular hours worked for a full biweekly pay period including paid leave hours shall have six (6) hours of their regular shift hours paid at their overtime rate for that period. For shift employees reporting less than a full biweekly pay period in a paid status, this overtime amount shall be paid on a prorated basis according to the number of hours actually worked on the regular shift work schedule including hours in a paid leave status. Overtime payments shall be paid at the same time as the regular salary is paid for the biweekly pay period in which the overtime is worked.

Overtime for all covered employees shall be compensated at one and one-half times the employee's regular FLSA rate of pay. Accrued overtime shall be paid at the same time as the regular salary is paid for the pay period in which the overtime is worked provided:

1. the work is authorized by the Fire Chief or his designated representative in advance; and,
2. the work is performed for at least two-tenths of an hour (12 minutes).

Computation of probationary periods, retirement benefits, sick leave, vacation time, merit increase periods, or other similarly computed periods of benefits shall be based on regularly scheduled hours of work (40 hours for staff employees and an average 56 hours for shift employees in a work week). Overtime hours worked in excess of regularly scheduled hours of work shall not be included in such computation.

SECTION 15. Vacation

A. Vacation with pay shall accrue on an hourly basis as follows:

B. For employees in designated shift assignments, the Maximum Allowable Accrual shall be multiplied by a factor of 1.4.

C. An employee is not entitled to vacation credits or accrual unless or until they have been a regular employee for six (6) continuous months. Consequently, a person failing to complete such service receives no payment for vacation credits upon termination. Upon successful completion of six (6) months continuous service, the employee shall receive vacation credit for the initial six (6) months of service.

D. Notwithstanding the provisions of Paragraph A and B above, an employee absent due to a work-related injury, receiving Workers' Compensation Temporary Disability or compensation in accordance with Section 4850 of the California Labor Code, and unable to take vacation may accrue vacation above the Maximum Allowable Accrual. Following his/her return to work, the employee shall make every reasonable effort to promptly take vacation in excess of the Maximum Allowable Accrual.

E. No payment in lieu of vacation shall be made to any employee except upon termination of employment or as provided for in Section I and upon proper certification to the Auditor-Controller by the department head of such accrual. Then such employee shall be paid for his/her accumulated vacation based upon his/her accrual as of the date of termination.

F. Vacation shall not include any regular holidays taken during a vacation period.

G. Vacation shall be taken at the time designated by the appointing authority.

H. Vacation usage may not exceed the accrued vacation balance reported at the end of the prior pay period.

I. Employees with more than five years of County service may -- once during each calendar year and with the approval of the department head -- request pay for up to eighty hours if in a staff assignment or one hundred twelve hours if in a shift assignment of accrued vacation in lieu of vacation time off. Such vacation conversion shall be based on the employee's hourly rate in effect at the time of payment. After the vacation conversion, an employee shall have an accrued vacation balance of at least forty hours if in a staff assignment or fifty-six if in a shift assignment. Any cash conversion of accrued vacation approved pursuant to this provision shall be effective no sooner than one year following any previous conversion (i.e., only one conversion is allowed in any twelve month period).

SECTION 16. Holidays

A. Holidays regularly observed by the County for employees represented by the Union are:

New Years' Day, January 1
Dr. Martin Luther King, Jr. Day, 3rd Monday in January
Washington's Birthday, 3rd Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, 1st Monday in September
Veterans Day, November 11
Thanksgiving Day, 4th Thursday in November
Thanksgiving Day Friday, the day after Thanksgiving
Christmas Day, December 25th
Floating Holiday (see paragraph B below)

B. All regular employees, including probationary employees, in a pay status for any portion of Pay Period 1 shall receive credit for the floating holiday as follows. Employees in staff positions shall be credited with twenty-four (24) hours holiday leave (part-time employees receive a prorated equivalent), which must be used during the payroll year and may not be accumulated from year to year. Employees in shift assignments shall receive a holiday in lieu payment in accordance with Paragraph E.

C. Holiday leave shall be subject to the approval and/or with reasonable notice taken at the direction of the appointing authority or designee. The floating holiday credit may be used in the same pay period in which it is accrued, subject to the provisions above.

D. County holidays which fall on Saturdays shall be observed on the preceding Friday; and in this event the Saturday shall not be considered as a holiday for purposes of compensation and/or time off. County holidays which fall on Sundays shall be observed on the following Monday; and in this event the Sunday shall not be considered as a holiday for purposes of compensation and/or time off.

E. Holiday Compensation for Shift Employees and Fire Equipment Classifications -- Each pay period in which a holiday occurs, shift and Fire Equipment employees shall receive additional compensation at the rate of one-tenth of the employee's basic biweekly salary for each holiday included in that pay period irrespective of whether or not the employee actually works on any such holiday, unless the employee is excused from working a regularly scheduled shift on such holiday, which time off shall be deemed full compensation for such holiday.

F. Holiday Compensation for Staff Employees -- Staff employees not receiving holiday time off on a regularly scheduled work day shall receive equivalent (i.e., hour-for-hour) holiday credit in accordance with the following provisions. Reference to eight (8) hours shall apply to full-time employees; part-time employees shall receive a pro-rated equivalent.

1. In the event an observed holiday falls on an employee's regularly scheduled day off, the employee shall accrue holiday leave up to eight (8) hours.

2. In the event an employee is required to work on a holiday which falls on the employee's regularly scheduled work day, the employee shall accrue compensatory holiday time on an hour for hour basis for all hours worked up to eight (8) hours.

3. In the event an employee is required to work on a holiday which is not a regularly scheduled work day, the employee will be compensated in accordance with the overtime procedures; the employee shall, in addition, accrue compensatory holiday leave on an hour for hour basis for all hours worked up to eight (8) hours.

G. Employees who accrue holiday time shall take the compensatory time during the payroll year in which the holiday is accrued. Employees shall make every effort to reduce their accrued holiday balances as quickly as possible by taking paid leaves of absence. Employees leaving County service shall be paid for holiday leave balances which have not been otherwise compensated.

H. In order to receive holiday compensation, an employee must be in paid status on the scheduled work day immediately prior to and/or after the holiday. Notwithstanding the above, neither the first day of employment nor the last day of employment may be a holiday.

SECTION 17. Sick Leave

A. Each regular full-time or regular part-time employee shall accrue sick leave at the rate of .0463 hours for each hour in a regular pay status excluding overtime, call-back and standby duty.

B. Unused sick leave shall be cumulative from year to year with no accrual limit.

C. Sick leave usage may not exceed the employee's accrued sick leave balance reported on the Leave Report at the end of the pay period immediately preceding the pay period in which the leave is taken.

D. A department head may require evidence in the form of a physician's certificate, or otherwise, of the adequacy of the reason for any employee's absence during the time for which sick leave was requested. Under no circumstances is sick leave to be used in lieu of or in addition to or as vacation. The Auditor may require a physician's certificate from the department in order to determine correctness of payroll records.

E. When a member of his/her immediate family is seriously ill or injured and requires his/her presence and attendance, an employee may be allowed by the appointing authority to use up to five days (40 hours) for staff assignments or three shifts (72 hours) for shift assignments of his/her accumulated sick leave to attend such family member; provided, that not more than five days or three shifts per year may be allowed for the illness or injury of any one member of the employee's immediate family.

Notwithstanding the above limitations, subject to department head approval, an employee may exceed the five day/three shift limit to care for an immediate family member who has a catastrophic or life-threatening illness as verified by a physician’s statement.

F. Up to a maximum of five days (40 hours) for staff assignments or three shifts (72 hours) for shift assignments of his/her accumulated sick leave may be allowed by the appointing authority to an employee for absence from duty because of any and each death in his/her immediate family.

G. For the purposes of E and F above, "immediate family" is defined as husband, wife, parent, brother, sister, child, grandparent, grandchild, and mother-in-law or father-in-law of the employee.

H. Except upon layoff in accordance with Civil Service Rule XI, termination of County employment shall abrogate all sick leave accrued to the time of such termination, regardless of whether such person subsequently re-enters County employment or service. No payment shall be made to any employee for unused sick leave accumulated to his/her credit at the time of termination from County service.