SEBA

This Memorandum of Understanding (“MOU” or “Agreement”) is entered into between the Big Bear City Community Services District (“Employer” or “District”) and the Big Bear City professional Firefighters Association (“Association”) which the District has designated as the recognized employee organization pursuant to the Meyers-Milias-Brown Act (“Act”), District Resolution No. 660, and District Resolution No. 691, adopted September 26, 1995. This MOU sets forth the understanding of the parties as to wages, hours and other terms and conditions of employment for those regular full-time employees employed in classifications in the Fire Department Bargaining Unit.

The district recognizes the Association as the bargaining representative for all regular full-time employees of the District engaged in fire suppression responsibilities in the classifications of Captain, Engineer and Firefighter, and excluding paid-call firefighters, clerical employees, all other employees, and volunteers.

The hourly rate within the range of the classification which the employee is entitled to receive will be determined pursuant to District policy as set forth in the Ordinance No. 122.

Should the District’s Board of Directors, General Manager and Finance Officer determine that the funds in the Fire Department “Vehicle Replacement Reserves” have reached the required reserve amount set forth in the budget (this budgeted amount is $489,721 for the fiscal year ending June 30, 1997), and that there are otherwise adequate revenues in the Fire Department, this MOU shall be reopened for purposes of meeting and conferring over matters within the scope of representation.

Subject to and without in any way limiting the discretion of the District to staff and operate the Fire department, the Fire Department shall consider the use of bargaining unit employees prior to subcontracting bargaining unit work or prior to using paid-call or reserve firefighter to perform bargaining unit work. Discussions regarding this provision may be conducted with the Fire Chief or his designated representative(s) and the bargaining unit employee representative(s).

Retirement

Pursuant to the agreement between the District and the Public Employees’ Retirement System (PERS), during the term of the MOU, the District shall pay the 2% at 50 retirement plan contributions for Safety Employees for all bargaining unit employees.

During the term of the MOU, the District shall pay on behalf of each bargaining unit employee the full amount of the required employer’s contribution to PERS, and shall also pay the full amount of the required employee’s contribution to PERS.

Health Insurance

During the term of the MOU, the District shall pay the full premium costs for the group health insurance provided through PERS for eligible bargaining unit employees and eligible dependents.

PERS and the District shall determine eligibility for health insurance benefits.

Dental Insurance

During the term of this MOU, the District shall pay the full premium costs for the group dental insurance provided through Delta Dental of California for eligible bargaining unit employees and eligible dependents.

Delta Dental of California and the District shall determine eligibility for dental insurance benefits.

Life Insurance

During the term of this MOU, the District shall pay the full premium costs for a life insurance policy provided through Congress Life Insurance Co. for eligible bargaining unit employees.

Congress Life Insurance Co. and the District shall determine eligibility for such insurance benefits.

Retiree Health Insurance. To the extent that the District continues providing health insurance benefits through the PERS health insurance program, the District will provide health insurance benefits to retirees of the District if and as required by the PERS Rules and the agreement between the District and PERS.

Employee Assistance Program. The District shall pay the current cost of the premium for an Employee Assistance Program currently provided by the District. The EAP is available only to District employees.

Deferred Compensation Plans. The Employer shall maintain the deferred compensation plans in existence on the date of this MOU.

Sick Leave. The sick leave provisions of Ordinance Number 122, subsection L, “Maximum Accumulation.” Shall be amended to provide that a bargaining unit employee may accumulate not more than 2880 hours of sick leave.

TIME/SHIFT TRADES AND WORK HOURS

Time/Shift Trades

Approval and authorization of time trades for shifts as scheduled by the Fire Chief may be granted by the Chief or his designated representative after each employee has properly signed and filled out the approved form. An employee who desires early relief or standby of two (2) hours or less, shall request this of the duty captain, provide the name of the relief or standby employee and ensure that all required information is recorded in the duty captain’s log or journal. If these requirements are satisfied, and the request is granted, no time trade form need be filled out. Time/shift trading, early relief and standby may be allowed only between employees capable of performing the requirements of the position to be filled. Since time/shift trades, early relief and standby are done for the convenience of the employee, they shall not be considered as hours worked for any purpose, including, but not limited to, computing overtime compensation or certification to a higher rank. In that same regard, time trades, early relief and standby shall not be used to compute any sick leave or vacation or holiday accruals.

When two (2) employees of the same classification have an approved time trade, absent operational requirements, the employee who traded for the shift off shall be relieved of any further responsibility for working or covering that duty shift. The employee who accepts the trade shall be responsible for all normal shift duties. Should the employee who accepted the time trade call in sick, his sick leave will be deducted. All time trades shall comply with requirement of, and this section shall be administered in a manner consistent with, the Fair Labor Standards Act (“FLSA”).

The District and the Association acknowledge that the District has elected the 7(k) exemption under the FLSA for bargaining unit employees, and has designated a work period of twenty-seven (27) days.

ASSOCIATION BUSINESS

Access to District Facilities and Information

Authorized employee representative of the Association will be given access to work locations during working hours to post bulletins on District bulletin boards if they do not interfere with employee work. The Association shall give the General Manager or his designee, and the Fire Chief, a written list of such authorized Association representatives. The Association may submit a revised list from time to time and only those people whose names appear on the current list in effect shall be granted access under this provision.

The District will make available to designated employee representatives of the Association information concerning employment relations as is contained in the public records of the District.

The Association shall be provided adequate space on District bulleting boards at stations 291 and 292, and, subject to the District’s policies, may utilize the District’s electronic mail system to post notices to members of the bargaining unit.

Association Representative

The Association may appoint an employee in the bargaining unit to serve as a steward. The Association shall notify the General Manager or his designee, and the Fire Chief, in writing of the employees appointed as steward. The Steward may receive, investigate and process complaints or grievances of employees. When the nature of the grievance requires immediate action, i.e., irreparable harm to an employee, the steward may be permitted to leave his or her regular work area upon request to the Fire Chief. Such request shall not be unreasonably denied.

Association representatives shall have a total of 47 hours per fiscal year of leave without loss of pay or benefits when formally meeting and conferring with the District representatives and grievance representation. Hours not used at the end of any year shall not be carried over tot he following year. The Association shall provide reasonable advance written notice to the Fire Chief specifying the dates and hours of leave requested and the personnel involved. Such leave requests shall not be unreasonably denied by the Fire Chief. Once the hour bank set forth above is exhausted, and upon written request from the Association, the Fire Chief in the exercise of his discretion may grant Association representatives additional time off without loss of pay for purposes of this section. Subject to the determination of the General Manger or the Fire Chief, meetings called by the District to discuss matters within the scope of representation with duly designated Association representatives when functioning as such representatives, shall not be counted against the hour bank set forth above.

The provisions of this subsection B supersede, and make null and void, the provision entitled “Employer-Employee Relations” on page 95 of Ordinance 122.

PERSONNEL ORDINANCE AND LABOR RELATIONS RESOLUTION

Unless changed pursuant to the meet and confer process set forth in either Article III, subsection A.3, Article XIII, subsection “C” below, or as modified by this MOU, the District’s Personnel Rules, Ordinance 122, as amended to date, are incorporated into this MOU and form a part hereof.

Nothing in this MOU is intended to nor shall it modify or amend District Resolution No. 660, the District’s “Rules and Regulations Relating to Employer-Employee Relations.”

Grievance Procedure

The District shall notify the Association when a grievance is filed by a bargaining unit employee pursuant to the grievance procedures set forth in Ordinance Number 122. As the designated bargaining representative, the Association shall be given the opportunity to participate in, and be present at, each step of the grievance procedure. The resolution of any grievance shall not be inconsistent with any provision of this MOU.

If the Board of Directors elects to utilize a third party to act as the Board’s designee under Step 4 of the grievance procedure set forth in Ordinance No. 122, such person shall be selected from a list of seven arbitrators provided by the Federal Mediation and Conciliation Service (“FMCS”). Absent an agreement between the Association and the District as to the person who shall serve as the designee, the Association shall strike the first name from the list provided by the FMCS, and the parties shall thereafter alternate striking names on the list until one name remains. The remaining person shall be the designee.

Except as otherwise provided in this subsection 3, the fee charged by the person selected from the FMCS list shall be borne equally by the District and the Association. If the Association determines not to pursue the grievance on behalf of the bargaining unit employee and the employee decides to continue with the grievance, the bargaining unit employee shall pay the entire fee of the arbitrator.

LAYOFFS. The District shall give employee(s) subject to layoff no less than thirty (30) calendar days’ advance notice of such layoff(s) and the reason(s) therefor.

SAFETY

Safe Practices. The Association and the District acknowledge that all employees are obligated to conduct themselves in a safe and reasonable manner when performing their jobs.

Clothing and Equipment

The District shall continue the uniform and clothing allowance set forth in the Ordinance No. 122. Bargaining unit employees shall be entitled to utilize their annual clothing allowance to purchase “wildland firefighting boots.” When due to on-duty use, including contamination by hazardous chemicals, such boots are damaged and can no longer be worn, the District shall repair, rebuild or replace them.

The District shall determine, consistent with law, the equipment necessary for an employee to perform safely the employee’s job duties.

The employer shall determine the style and/or types of District-issued wearing apparel.

C. Safety Incentive Program. The Employer shall maintain a safety incentive program and discuss the implementation and administration of this program with the Association.

The District and the Association believe that all persons are entitled to equal employment opportunity, and consistent with applicable California and federal law, they will continue their commitment not to discriminate against employees based on race, color, religion, sex, national origin, ancestry, age, marital status, disability or medical condition, or on any other basis protected by California and federal law, including Government Code section 3502.

Except and set forth below, the use of District property for the personal benefit of employees is prohibited. Subject to the prior approval of the General Manager or the Fire Chief, and other conditions set forth below, the use of District property for the personal benefit of employees shall be limited to the following:

Use of District property incidental to their employment such as parking spaces, facilities such as restrooms, etc., during working hours while performing work related duties.

Use of District telephones to make necessary or emergency phone calls at no cost to the District.

Use of District vehicles by employees assigned a vehicle to drive to and from work-related duties.

Use of available service bays at the Fire Station for installing snow chains on an employee’s personal vehicle(s) during inclement weather, subject to the condition that there shall be no use of District lifts and/or other equipment, tools, or supplies, and that no assistance is provided by on-duty employees.

Use of District copy machines provided that the District is reimbursed at the prevailing rate established in the District’s fee resolution for all copies produced.

Use of District facilities to:

Wash and wax personal vehicles, subject to any restrictions on the use of water, including restrictions due to drought conditions;

Perform minor repairs and maintenance on personal vehicles, provided that such repairs and maintenance would not require the changing of fluids or any other processes which would require handling or disposal of motor oil, lubricants or other hazardous materials.

Install accessories, such as stereos or fog lights on vehicles in the District parking lot or under shelter from the elements, such as the fire stations; and

Use the District’s compressed air system to inflate tire, and the hoses and water system to wash cars.

The use of District facilities set forth above shall be only by those employees on duty and only after 1700 hours. No district tools, materials or supplies, other than air and water shall be used.

The provisions of the above Article X supersede and make null and void provisions of Ordinance No. 122 that grant the General Manager or the Fire Chief the discretion to authorize the use of District property for the personal benefit of the employees.

PERSONNEL FILES

Upon advance, reasonable request from an employee, the employee shall have the right to access his or her own personnel file during regular business hours.

Any document which is placed in an employee’s personnel file shall be made available to the employee before or at the same time that it is placed in the personnel file. No complaints from citizens or other employees shall be placed in an employee’s personnel file unless the complaint is accompanied by a specific disciplinary action related to the complaint.

Pay Rate Verification. The District will not provide information on the pay rates of individual employees unless required to do so by law, including the Act, if the employee puts the matter in issue against the District or if an employee authorizes it in writing. Nothing in this subsection shall be construed to prevent the Employer from providing on request information related to the pay rates or pay ranges of individual position classifications.

MISCELLANEOUS

Union Meetings. Given that the duty shift of a firefighter is 24 hours, and that it would be virtually impossible for the Association to hold meetings when it’s members are not working, upon prior approval of the Fire Chief, Union meetings may be held at Station 291 between the hours of 1700 and 2400, and such meetings shall not be counted against the time bank set forth in Article V, section B.2.

Union/Management Committee. The Union shall designate representatives who may meet with the Fire and/or General Manager on a mutually agreeable time and basis to discuss matters pertinent to the welfare, health, and safety of the District and the bargaining unit members.

C. Upon written notification from the Association, the District shall deduct without charge Association dues and assessments in amounts designated by the Association from the paychecks of those bargaining unit employees who sign written authorizations in the form set forth below, for the District to do so. The District will transmit those monies to the entity designated by the Association. The District shall make these deductions in the same manner as other payroll deductions are made.

“I hereby authorize the Big Bear City Community Services District to deduct from my paycheck and transmit to the Big Bear City Professional Firefighters District Employees’ Association an amount designated by the Association for dues. This authorization shall remain in effect until revoked by me in writing, anytime, by sending written notice to the Association and the District.”

E. The Union shall indemnify and hold the District harmless from any and all, costs, including attorney’s fees, claims, demands, suits, and any other action arising from the District’s deduction of dues and assessments.

A. This MOU shall be binding on the parties when approved and adopted by Association followed by approval by the Board of Directors pursuant to Government Code §3505.1.

B. Upon approval by the District Board of Directors, this MOU shall become effective on the date of adoption by the Board of Directors, and terminate at 11:59 p.m., June 30, 2000 (“the termination date”). All provisions of this MOU shall expire on the termination date unless extended by written agreement of the parties.

C. In the event either party desires to meet and confer regarding changes to District Ordinance 122, or those aspects of the District’s job descriptions, which are subject to the obligation to meet and confer under the Meyers-Milias-Brown Act, that party shall serve written notice upon the other of its desire to meet and confer over such matters. Meet and confer sessions shall begin no later than twenty (20) calendar days from the date of receipt of the notice to commence negotiations over subjects covered by this subsection C. If the parties are unable to agree on the matters covered by the subsection, C, the provisions of District Resolution No. 660 shall apply.

D. In the event either party desires to meet and confer over the provisions of a successor MOU, the party desiring to meet and confer shall serve upon the other, from March 1, to April 1, 2000, it’s written request to commence negotiations. Meet and confer sessions shall begin no later than twenty (20) calendar days from the date of receipt of the notice to commence negotiations.

A. This MOU shall be binding on the parties when approved and adopted by Association followed by approval by the Board of Directors pursuant to Government Code §3505.1.

BIG BEAR CITY PROFESSIONAL FIREFIGHTERS ASSOCIATION

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BIG BEAR COMMUNITY SERVICES DISTRICT