Loading...
HomeMy WebLinkAbout1979-10-02; City Council; Resolution 59521 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E RESOLUTION NO. 5952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. BY THE ADDITION OF ARTICLE 6A, WORKING OUT OF CLASSIFICATION AND CHANGES TO ARTICLE 7. WHEREAS, the City Council previously adopted a resolution approving the Memorandum of Understanding between the City and the Carlsbad Firefighters' Association, Inc.; and WHEREAS, it has been mutually agreed that the Memorandum of Understanding should be amended; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the language contained in Article 6A and Article 7, attached hereto and made a part hereof is hereby adopted as an addition and a change to the Memorandum of Understanding adopted by Resolution No. 5851 on July 23, 1979. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 2nd day of October , 1979, by the following vote, to wit: AYES: Councilmen Packard, Lewis, Anear and NOES : None Councilwoman Casler ABSENT: Councilman Skotnicki - RONALD C. PACKARD, Mayor ATTEST: (SEAL) ARTICLE 6A. OUT OF RATE COMPENSATION The parties agree to recommend the City Council authorize out of classification compensation of a minimum of five percent (5%) above a member's existing salary for each occasion the member is employed out of classification; such compensation to commence following the first four hours of employment out of classification. Assignment of employees to out of classification service will be at the sole discretion of the Fire Chief. 0 a ARTICLE 7. DISPOSITION OF ACCUMULATED SICK LEAVE Parties agree to recommend to the City Council that as of June 30, 1979, the provisions of Section 8, Rule XI, Personnel Rules and Regulations, Resignations, providing for sick leave payoff, shall not apply to represented employees, and agree that the rule shall be amended to so provide. Parties agree to recommend to the City Council that as of June 30, 1979, Rule X, Attendance and Leaves, Section 6, be amended to recite that safety employees in the Fire Department shall only be governed by the laws of the state of California with respect to job incurred illness or injuries and shall not receive any of the other benefits described in Section 6. Parties further agree that the changes quoted below be added to the City of Carlsbad Personnel Rules and Regulations in place of the last sentence of Section 5, Rule X, "Sick leave shall not be taken as vacation time, nor compensated in cash at any time. Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles the employee to benefits under I24850 of the Labor Code (hereinafter '4850 benefits'). The City Manager may authorize use of sick leave after 4850 benefits are exhausted for job related illness or injury if he determines that: 1. The injury is not permanent and stationary. 2. The use of sick leave will not extend the effective date of the employee's retirement. 3. The employee is physically unable to work and there is a reasonable probability he/she may return to work. If the City determines that a local safety member should be retired for disability, such retirement may become effective, notwithstanding the fact that his/her sick leave has not expired." In consideration of the above agreement parties recommend to the City Council that the City pay each employee, subject to the provisions of this Memorandum, who assof June 30, 1979, meets the service requirements as stated in Section 8, Rule XI, quoted above, a cash settlement for accrued sick leave greater than the amount of 30-24 hour shifts. Such cash settlement to be computed on the basis of one shift of accrued sick leave being equal to 24 hours. Those employees with more than ten but less than 15 years of service shall be compensated at a rate of 17.5% of total accumulated hours greater than 30-24 hour shifts, Those employees with 15 or more years of service shall be compensated for 35% of their total accumulated hours greater than 30-24 hour shifts. Eligibility for such cash settlement to be based upon approval of both parties of 0 a a list of eligible employees provided by the City, showing by name the eligible employees and their accrued sick leave, total accrued sick leave stated in hours and their hourly rate of pay of June 30, 1979, exclusive of any Educational Incentive Program salary supplement. Such list to be distributed to the members of CFA by the City for possible challenge or amendment within five working days. If after five working days no challenges are received and/or all amendments are completed the list shall be considered correct by both parties and agreement indicated by recording signatures of the authorized agents of both parties to said list. Payment shall be further contingent upon receipt of a signed and dated request from each eligible employee, stating the total number of accrued sick leave hours greater than 30-24 hour shifts of accrued sick leave that the eligible employee desires to be compen- sated for. Such requests to be received not later than August 1, 1979 by the Personnel Director, City of Carlsbad, and to contain a statement of understanding that any portion of accrued sick leave greater than 30-24 hour shifts for which cash settlement is not requested will continue as an accrual butfor which cash settlement may not be requested after August 1, 1979, Payments of cash settle- ments shall be made in a lump sum or in installments with the manner and time of such payments to be determined by the City Manager, but in no case will payment be completed later than July 1, 1982, Parties further agree that on and after July 1, 1979, sick leave shall be accrued at a rate of 12-6 hours per month for 63 hour work week employees or 8 hours per month for 40 hour work week employees. Parties further agree to recommend to the City Council that on or after July 1, 1982, the City proceed in a timely manner to amend its existing contract with the Public Employees' Retirement System of the State of California. The purpose and intent of the contract amendments will be to provide any remaining accrued sick leave at the time of retirement from City service will be converted to retirement service credits at a ratio of each twenty-five (25) days of accrued sick leave being equal to one (1) month of retirement service.