Hearing continues on Madera County firefighters’ mechanics’ standby-pay grievance; commission schedules deliberation

The Madera County Civil Service Commission heard five days of testimony in a grievance brought by three Madera County Fire Department employees seeking standby pay for after-hours availability.

The grievance names Jeremy Whitton, Roy Minnick and Ashley Diaz and contends the county failed to pay standby compensation outlined in the parties’ memorandum of understanding (MOU). The union argued the employees were required to remain available for callback and that the county either failed to approve standby or unlawfully substitute ‘‘take-home’’ county trucks in lieu of pay. The county contended the employees were not required to return to work when called, that the grievance was filed improperly or untimely, and that some alleged practices (service trucks in lieu of pay) were not lawful or were mischaracterized.

Union counsel Eileen Gonzalez, representing SEIU 521 in closing, told the commission the union filed the grievance after it first learned of member complaints on May 17, 2023, and formally filed on June 1, 2023. Counsel asserted the filing complied with the contract’s 10-working-day timeline and argued the union’s internal investigation and the union case-management records (Unionware) corroborate that timeline. The union additionally urged the commission to treat the county’s asserted long‑running knowledge as insufficient because the union — not individual members — controls when a formal grievance is filed.

County counsel James McCann and witnesses disputed the union’s procedural timeline and the merits. The county called Assistant Chief Justin McComb (Assistant Chief, Madera County Fire Department) and fleet manager Ryan Noel as witnesses; the county’s position was that the mechanics and parts assistant were not authorized to work standby without department approval and that, where after‑hours calls occurred, the department had alternatives (towing apparatus and deploying reserve vehicles). McComb testified he assumed responsibility as a department representative after becoming assistant chief on Feb. 20, 2023, that he did not approve the mechanics’ standby assignments, and that in one instance a payroll clerk approved time in his and his supervisor’s absence. McComb also testified he later instructed employees that vehicles should remain at the shop and that there was no expectation to answer phones after hours.

Testimony and documentary exhibits introduced competing factual accounts: the union produced an on‑call calendar (union exhibit 7) and emails it said show members were expected to be reachable and sometimes to respond; the county produced testimony that managers did not authorize standby and that two of the three grievants were allowed to keep one month of standby pay while one (Ashley Diaz) was required to repay an overpayment after human-resources and auditor review. McComb testified that in April of 2023 standby pay appeared on timesheets and was processed while he and the fleet manager were absent; Human Resources and payroll offices were later involved in resolving that payroll entry.

On the procedural question, union witnesses argued the grievance was timely and pointed to Memorial Day on the calendar as a non‑working day that affects the 10‑working‑day calculation; the county argued the grievance should be barred for failing to meet timeliness and step‑filing requirements and that the union improperly submitted materials to Human Resources at step 3 rather than proceeding through steps 1–2.

After closing arguments from both sides, the commission took the matter under advisement and scheduled further deliberation. Commissioners said they would reconvene for deliberations and possible decision at a later date (the record shows the commission proposed reconvening on a Thursday at 5:30 p.m. to continue deliberations). No final resolution appears on the record provided.

What the commission heard (summary): the union says members were required to remain available and sometimes responded in person to repair apparatus or obtain parts; the county says standby was not authorized, procedural filing rules were not followed and operational alternatives (towing, reserve apparatus) existed. The commission has not yet issued a decision.

Next steps: the commission will deliberate and announce a decision at a later public session; both sides were advised they will be notified of the deliberation schedule.