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HomeMy WebLinkAbout1997-03-04; City Council; Resolution 97-79m w 1 RESOLUTION NO. 97-79 2 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. 6 8 Association, Inc. have met and conferred in good faith pursuant to the Meyers-Millias- 7 WHEREAS, representatives of management and the Carlsbad Firefighters’ Brown Act regarding wages and other terms and conditions of employment from 9 10 November 1996 to February 1997; and 11 II WHEREAS, said representatives have reached agreement which they desire to 12 WHEREAS, the City Council has determined it to be in the public interest to 13 submit to the City Council for consideration and approval; and I.4 // accept such an agreement in the form of a Memorandum of Understanding, marked 15 16 Exhibit A and incorporated by reference herein; 17 I/ NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of 18 Carlsbad, California, as follows: 19 20 1. That the above recitations are true and correct. 21 22 23 will be funded from reserves held by PERS. 25 3. That the cost of the 1959 Survivor’s Benefit program at the Fourth Level 24 2. That an estimated $40,000 in funds will be transferred from the Council’s General Fund Contingency Account to cover the expense of a 2% salary adjustment retroactive to the pay period inclusive of January 1, 1997. 26 //I 27 28 e e 4. That the Memorandum of Understanding between the Carlsbad Firefighters’ Association, Inc., and representatives of management is hereby accepted. 1 2 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad 4 6 5 City Council held on the 4th day of March , 1997; by the following vote, to 7 8 wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None 9 ABSENT: None 10 11 12 13 14 15 ATTEST: 16 at$~L.du<TEf~* 17 18 (SEAL) 19 I 20 21 22 23 24 25 26 27 28 0 e MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad Firefighters’ Association, Inc. L Effective January 1,1997, through December 31,1998 0 e MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. Term: January 1,1997 - December 31,1998 TABLE OF CONTENTS Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Preamble Recognition Implementation Term Renegotiation Retention of Benefits City Rights No Strike and No Lockout Compensation Adjustments Bereavement Leave Long Term Disability Annual Vacation Leave Linen Provision, Maintenance, and Replacement Health Insurance Communications Holidays Provision of 1959 PERS Survivors’ Benefit Compensatory Time Flexible Work Schedule for Fire Prevention Officers Americans With Disabilities Act Family Leave Act Alcohol and Drug Policy Sick Leave Accrual Authorized Agents Full Understanding, Modification, Waiver Provisions of Law Page 1 Page 1 Page 1 Page 1 Page 2 Page 2 Page 2 Page 3 Page 3 Page 3 Page 4 Page 4 Page 4 Page 4 Page 5 Page 5 Page 6 Page 6 Page 7 Page 7 Page 7 Page 8 Page 12 Page 12 Page 12 Page 14 a e EXHIBIT A, RESOLUTION NO. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carlsbad Firefighters’ Association, Inc. (hereinafter referred to as CFA, Inc., “employees”). , 1997, by and between designated management representatives of the City of PREAMBLE It is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the City management representatives and the local safety fire employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CFA, Inc., as the majority representative for all classifications in this Unit, as set forth in Attachment A of the Petition for Recognition, submitted January 28, 1976, in accordance with the provisions of Section 2.43.090 (1) of the Carlsbad Municipal Code. ARTICLE 2. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed that the City will act in a timely manner to make the changes in City ordinances, resolutions, rules, policies, and procedures necessary to implement this Memorandum. ARTICLE 3. TERM The term of this Memorandum of Understanding shall be from January 1, 1997, through December 3 1,1998. As of January 1, 1997, the terms of this Memorandum of Understanding will supersede the provisions of the prior Memorandum of Understanding approved by Resolution No. 95-56 adopted by the City Council of the City of Carlsbad on March 7, 1995. 1 1 0 rn ARTICLE 4. RENEGOTIATION In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent approximately one hundred twenty (120) days prior to expiration of the Memorandum of Understanding. Not more than thirty (30) days following such notice the parties shall meet. At such meeting, the parties will decide on a date for the mutual exchange of the issues each wishes to address during the meet and confer process. Such exchange shall occur not more than thirty (30) days after such meeting. ARTICLE 5. RETENTION OF BENEFITS The employees represented by CFA, Inc., shall retain all present benefits for the term of this agreement, as amended by this Memorandum, with the exception of the following subjects which the City may elect to utilize to address fiscal difficulties it faces now or in the future: 0 Matters That Fall Within the Scope of Representation: The City agrees to give advance notice and opportunity to meet and confer on the subject of current wage levels and benefits, as matters which fall within the scope of representation, before taking any action impacting employees within the bargaining unit. 0 Management Rights: The City’s decisions regarding staffing levels, station closures, layoffs, reorganization, and furlqughs which the City may elect to utilize to address fiscal difficulties it faces now or in the future, are management rights. Nevertheless, the City agrees to give advance notice and the opportunity to discuss these subjects before taking any action impacting employees within the bargaining unit. ARTICLE 6. CITY RIGHTS The rights of the City include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 2 0 e ARTICLE 7. NO STRIKE AND NO LOCKOUT A. No Strike. During the life of this Agreement, neither the employees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by Article 7.A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this Agreement, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 7.A. D. Association Official Responsibility. Each employee who holds the position of officer of the Employee Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article, the employees agree to inform its members of their obligations under this Agreement and to direct them to return to work. ARTICLE 8. COMPENSATION ADJUSTMENTS First Year of Contract: Effective the pay period inclusive of January 1, 1997, all represented classifications shall receive a 2% increase in salary. Effective the pay period inclusive of July 1, 1997, all represented classifications shall receive a 2% increase in salary. Effective the pay period inclusive of December 1, 1997, the Fire Engineer classifications shall receive an additional 2% increase in salary and the Fire Captain classifications shall receive an additional 3% increase in salary. Second Year of Contract: Effective the pay period inclusive of January 1, 1998, all represented classifications shall receive a 2% increase in salary. Effective the pay period inclusive of July 1, 1998, all represented classifications shall receive a 2% increase in salary. ARTICLE 9. BEREAVEMENT LEAVE An employee may use up to two shifts (48 hours) of paid leave if required to be absent from duty due to the death of a member of the employee’s immediate family. The usage of bereavement leave, however, is limited to three consecutive days which may or may not include a scheduled 3 0 0 shift(s). Additional time off may be authorized by the department head and charged to accrued vacation or treated as leave without pay. The “immediate family” shall be defined as: spouse, child, parent, sibling, grandparents; the aforementioned either natural, step or in-law, or any person over which the employee acts as legal guardian, or a verifiable current member of the immediate household. The employee may be required to submit proof of relative’s death before being granted paid leave. ARTICLE 10. LONG TERM DISABILITY During the term of this Memorandum, City agrees to continue to provide long term disability insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other respects, said insurance shall continue unchanged. ARTICLE 11. ANNUAL VACATION LEAVE The City and CFA, Inc., agree to continue the following annual vacation leave schedule: 1 through 5 full calendar years of continuous service - 128 hours 6 through 10 full calendar years of continuous service - 192 hours 10 through 1 1 fidl calendar years of continuous service - 205 hours 1 1 through 12 full calendar years of continuous service - 2 18 hours 12 through 13 full calendar years of continuous service - 23 1 hours 13 through 15 full calendar years of continuous service - 244 hours 16 and over full calendar years‘of continuous service - 256 hours ARTICLE 12. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT The City agrees to provide one set of bed linen and two towels per person for all shift personnel. To assist in maintenance, all fire stations will be equipped with washing machines and dryers; shift personnel will be responsible for maintaining their own linens and towels. The City agrees to replace linens and towels on an “as needed” basis, with a maximum replacement of once per calendar year. ARTICLE 13. HEALTH INSURANCE For employees covered by Kaiser or Reliastar health insurance plans, health insurance contributions will remain unchanged for calendar years 1997 and 1998. Employees may elect Sharp Health Plan as an additional health insurance carrier option as of January 1, 1997. Employees will make the following health insurance contributions during calendar year 1997 and calendar year 1998 : 4 e 0 Monthly Employee Contribution Category Reliastar Kaiser Sham Employee Only 37.00 27.42 27.42 Employee + 1 Dep. 87.06 54.82 54.82 Employee w/2 Dep. 114.56 77.62 77.62 Dental coverage: The rates quoted above include dentaI insurance coverage administered by Reliastar for employees in all medical plans. Vision care coverage: For employees enrolled in the Reliastar medical plan, the rates quoted above include vision care coverage (including exams, frames, and lenses) administered by Vision Service Plan. Employees enrolled in Kaiser or Sharp medical plans are covered for vision exams only through their chosen medical plan. Wellness benefit: A separate wellness benefit is provided for employees enrolled in the Reliastar medical plan. This benefit provides that up to $250 of eligible wellness expenses will be reimbursed per calendar year. Employees enrolled in Kaiser or Sharp medical plans are covered for most preventive care expenses as part of their chosen medical plan. ARTICLE 14. COMMUNICATIONS The parties agree to continue meeting at least once each month during the term of this agreement for the purpose of continuing communications on subjects of mutual concern. ARTICLE 1 5. HOLIDAYS ‘ The City shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year’s Day Columbus Day Lincoln’s Birthday Veteran’s Day Washington’s Birthday Thanksgiving Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day One (1) Floating Holiday Employees working a 56 hour work week shall be compensated for eight (8) hours of holiday work at a rate of time and one half during the pay period in which the holiday occurs. The floating holiday will be compensated during the pay period inclusive of April 15. Employees working a 40 hour work week will observe the scheduled paid holidays listed above, and will be allowed to use the floating holiday at the discretion of the employee upon prior approval of the Department Head. 5 0 0 ARTICLE 16. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT The City agrees to amend its contract with PERS to provide the Fourth Level of the 1959 Survivors’ Benefit as soon as possible during the term of this contract. ARTICLE 17. COMPENSATORY TIME Employees shall be entitled to bank compensatory time in lieu of receiving overtime pay. For each hour of overtime worked, the employee will be entitled to 1.5 hours of compensatory time. Compensatory time is subject to the following conditions: A. 56 HOUR WORK WEEK EMPLOYEES: 1. Compensatory time shall be kept in an individual account for each employee. Accounts may be cashed out, at the employee’s option, at the pay period falling on or directly following July 1st of each calendar year. This cash out will occur if the employee has provided written notice to the City by June 15th of their intent to cash out. In any event, all accounts shall be cashed out on December 1st of each calendar year. 2. Compensatory time may not be used for leave time. 3. If an employee’s sick leave balance drops below 100 hours, they are entitled to convert up to 9 shifts worth of banked compensatory time (on an hour for hour ratio) to sick leave, up to a maximum sick leave balance of 216 hours. B. 40 HOUR WORK WEEK AND 9/80 WORK WEEK EMPLOYEES: 1. Overtime Any employee required to perform in excess of 40 hours in a 7 day cycle andor in excess of an employee’s normal work day shall receive compensation at the rate of time and one-half hisher regular rate of pay. The regular rate of pay shall include the following components in addition to base salary: 1) Bilingual Pay 2) Longevity Pay In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not 6 e 0 be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off on a time and one-half basis. No employee shall accrue more than 80 hours of such compensatory time. Should any employee exceed 80 hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. On December 1 of each year, an employee may elect to “cash out” any portion of his/her accrued compensatory time at his/her regular rate of pay. Notice shall be provided to the Human Resources Department no later than November 15 of the employee’s election to “cash out” a portion of his/her accrued compensatory time. This “cash out” shall be paid during the first pay period in December. ARTICLE 18. FLEXIBLE WORK SCHEDULE FOR FIRE PREVENTION OFFICERS 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule for the Fire Prevention Officers. The result of that meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. It is agreed that the 9/80 schedule will be implemented on a trial basis for a minimum period of nine (9) months and that an evaluation will be conducted to determine whether the 9/80 will be adopted. This article shall not be subject to the grievance procedure. ARTICLE 19. AMERICANS WITH DISABILITIES ACT The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this MOU so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this MOU. ARTICLE 20. FAMILY LEAVE ACT The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and implement this MOU so as to comply with the Act. The parties agree to consult if compliance with the Act may require modifying the provisions of this MOU. 7 0 0 ARTICLE 21. ALCOHOL AND DRUG POLICY I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. “Drug” means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where City-assigned work is performed, including City premises, City vehicles or other premises or vehicles, while City-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable ?uspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. . not engage in the unlawfil manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on- call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by City management, acting pursuant to this policy, or by law enforcement personnel; 8 0 e c. notify the City of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are encouraged to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which may interfere with safe or effective performance of their duties or operation of City equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off- duty involvement and the employee’s employment with the City, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the City reserves the right to search, with or without prior notice to the employee, all work areas and property in which the City maintains full or joint control with the employee, including but not limited to City vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint City control since such work areas may be subject to investigation andor search under this policy. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the City from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. 9 0 0 D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. 11. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. Prior to receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City’s discretion, this analysis may be in the form of “breathalizer,” urine, or blood analysis. 2. Persons whose results are positive for either drugs or alcohol will be rejected for City employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the City has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or’subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the City’s discretion, this analysis may be in the form of “breathalizer,” urine, or blood analysis. c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. 2. Some examples of “reasonable suspicion’’ as defined in Section 1 .A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; 10 0 m c. unsteady walking or movement not related to prior injury or disability; d. an accident involving City property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs. 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by City management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the City. 111. EMPLOYEE ASSISTANCE PROGRAM A. The City has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the City wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. The EAP program is provided by 11 0 e National Resource Consultants (NRC) and can be reached by calling l(800) 999-7222. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self- referral contacts are held in confidence by the EAP. C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any City policy. ARTICLE 22. SICK LEAVE ACCRUAL All employees working a 56 hour work week shall be entitled to accrue sick leave at a rate of 149 hours per year. All other employees shall be entitled to accrue sick leave at a rate of 96 hours per year. ARTICLE 23. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City’s principal authorized agent shall be the City Manager or a duly authorized representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (619) 434-2852, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CFA, Inc., principal authorized agent shall be its President or duly authorized representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (619) 434-2 14 1. ARTICLE 24. FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is the intent of the parties that this Memorandum of Understanding set forth the full and entire understanding of matters agreed to upon conclusion of meet and confer sessions which resulted in this Memorandum. Any other matters not contained herein, which were addressed during the course of the meet and confer process, resulting from this Memorandum, are superseded and terminated in their entirety. Any understanding or agreement, not contained herein, whether formal or informal, which occurred during the course of meet and confer sessions, resulting in this Memorandum, are terminated or superseded in their entirety. 12 e 0 B. It is the intent of the parties that this Memorandum of Understanding be administered in its entirety in good faith during its full term. It is recognized that if during such term it may be necessary for the City to propose changes in matters within the scope of representation not contained in this agreement, the City shall notify CFA, Inc., indicating the proposed change prior to its implementation. If CFA, Inc., wishes to consult or negotiate with the City regarding the matter, CFA, Inc., shall notify the City within five (5) working days from the receipt of such notice. Upon receipt of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the City. Where the City makes such changes because of the requirements of the law, the City shall not be required to negotiate the matter of compliance with any such law. Nothing herein shall limit the authority of the City to make such changes required during emergencies. However, the City shall notify of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of emergency. “Emergency” shall be defined as an unforeseen circumstance requiring immediate implementation of the change. C. Failure by CFA, Inc., to request consultation as negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. D. Except as specifically provided in this Memorandum of Understanding, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any other matters within the scope of negotiations, during the term of this Memorandum of Understanding. E. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed, in writing by all parties hereto, and if required, approved and implemented by the City Council. F. The waiver of any breach, term, or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 13 0 0 ARTICLE 25. PROVISIONS OF LAW It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. 4 14 W IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year first above written. CITY OF CARLSBAD Ap roved as to form: A. DL RONmD R. BALL, City Attorney 3*/6~9 7- CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC. @AfL ILL ANDERSON, President Approved as to form: 0 @ RESOLUTION NO. 97-7 IjAlllUII U CARLSBAD FIRE DEPARTMENT BIWEEKLY SALARY SCHEDULE January 1, 1997 RANGE 35 39 ~~~ 40 41 45 49 STEP A STEP B STEP C STEP D STEP E 35 $1,316 $1,381 $1,449 $1,523 $1,598 RANGE 49 $1,876 $1,971 $2,069 $2,173 $2,281 45 $1,700 $1,785 $1,874 $1,969 $2,067 41 $1,525 $1,601 $1,681 $1,765 $1,852 40 $1,487 $1,562 $1,639 $1,722 $1,807 39 $1,467 $1,540 $1,617 $1,698 $1,783 _______~ CLASSIFICATION RANGE I FIREFIGHTER 35 1 FIRE ENGINEER FIRE PREVENTION OFFICER I1 PARAMEDIC FIREFIGHTEP FIRE CAPTAIN CAPTAIN SPECIALIST 39 40 41 45 49 I I