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<br />ATTACHMENT B <br /> <br />TRANSITION OF PERSONNEL <br /> <br />SWORN PERSONNEL <br /> <br />The following CITY Fire Department safety employees shall be offered employment by the OCFA at the rank <br />and salary stated below: <br /> <br />Name <br /> <br />Rank or Position <br /> <br />Salary Step <br /> <br />See Exhibit 1 for the detailed list of names, rank or position, and salary step for Sworn Personnel. <br /> <br />(Persons who accept employment with the OCFA pursuant to this offer are hereafter referred to as <br />"transitioning employees".) <br /> <br />CITY will furnish to OCFA, prior to the effective date of this Agreement, the date of hire and the length of <br />continuous service for each employee listed above. The CITY warrants the accuracy of such data and will <br />defend and hold harmless OCFA in any proceeding based on the alleged inaccuracy of such data. <br /> <br />In accordance with the applicable MOU, transitioning personnel assigned by the OCFA to hazardous <br />materials, ARFF, USAR Logistics, Staff Assignment, EMT, or paramedic assignments will be paid specialty <br />pay. Spanish Language Pay for personnel qualified to receive such pay, and assigned to a position within <br />the CITY, will be provided in the amount of $135 per month (in lieu of the compensation provided under the <br />Bilingual Pay section in the MOU). Those speaking other languages and otherwise qualifying for bilingual <br />pay will receive the compensation provided under the Bilingual Pay section of the MOU. All sworn <br />transitioning personnel who currently receive bilingual pay (as certified by the CITY) will be granted <br />grandfathered status, with no new testing requirement, for purposes of receiving either OCFA's Spanish <br />Language Payor OCFA's Bilingual Pay as defined by OCFA's MOU. <br /> <br />Bilingual pay for non CITY assigned personnel will be based on the applicable MOU. Education incentive <br />pay is also available by application. Transitioning personnel assigned to positions requiring special training <br />will receive such training. <br /> <br />Transitioning employees will be considered to have passed their probation period with the OCFA, except for <br />the following: <br /> <br />1. Any employee who has not completed probation with the CITY. <br />2. Any employee who has been suspended within the last one (1) year. <br /> <br />If an employee meets any of the above exceptions, the employee may, at the discretion of the OCFA <br />Human Resources Director, be required to serve a new probation period of fifty-two continuous weeks <br />from the date they are first employed by OCFA, ending with the first day of the pay period following <br />completion of said period as defined by the applicable MOU. At the sole discretion of the OCFA Human <br />Resources Director, the new probation period required hereunder may be reduced, but under no <br />circumstances shall the probation period be reduced to less than six (6) months. <br /> <br />The CITY certifies that from April 20, 2011 through April 20, 2012 no CITY employee who is to transition to <br />employment with the OCFA pursuant to Agreement between the CITY and OCFA has been issued a Notice <br />of Intent to Suspend. <br /> <br />Notwithstanding anything to the contrary, it is agreed the OCFA will not accept for employment those CITY <br />employees who have been dismissed from service, regardless of the outcome of pending litigation. Said <br />employees, if applicable, will remain employees of CITY. <br /> <br />Page 1 <br /> <br />828198.1 <br />