Loading...
HomeMy WebLinkAbout2017-06-13; City Council; Resolution 2017-105RESOLUTION NO. 2017-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. (CFA) AND APPROVING THE ASSOCIATED CFA SALARY SCHEDULE AND CLASSIFICATION SPECIFICATIONS EXHIBIT 1 WHEREAS, the City of Carlsbad and the Carlsbad Firefighters' Association, Inc. (CFA) have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding wages and other terms and conditions of employment; and WHEREAS, said representatives have reached agreement which they desire to submit to the City Council for consideration and approval; and WHEREAS, the City Council has determined it to be in the public interest to accept such an agreement in the form of 1) a Memorandum of Understanding (MOU), marked Attachment A, 2) a salary schedule, marked Attachment B and 3) revised classification descriptions marked Attachment C and incorporated by refere~ce herein; and WHEREAS, the City Council desires to pay for the Long Term Disability premium effective the first full pay period of calendar year 2017 for the eight (8) unrepresented Fire Safety Management employees, in the same manner as CFA-represented employees, in order to achieve consistent treatment of all full-time employees in this regard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Memorandum of Understanding between the Carlsbad Firefighters' Association, Inc. (CFA) and the City of Carlsbad as set forth in Attachment A is hereby approved and the City Manager is authorized and directed to execute it. 3. That the salary schedule for CFA-represented employees as set forth in Attachment B is hereby approved. 4. That the classification specifications as set forth in Attachment Care hereby approved. 5. That the City Council authorizes the Administrative Services Director to transfer funds in the amount of $49,000 from the General Fund Council Contingency account to the Fire operations budget in the General Fund to be used to fund the compensation and benefit changes that will occur during Fiscal Year 2016-17. 6. That the City Council authorizes the Administrative Services Director to transfer funds in the amount of $494,000 from the General Fund Reserves to the Fire operations budget in the General Fund to be used to fund the compensation and benefit changes that will occur during Fiscal Year 2017-18. PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 13th day of June, 2017, by the following vote, to wit: AVES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard NOES: None. ABSENT: None. (SEAL) Page 321 Attachment A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. Term: January 1, 2017-December 31, 2019 TABLE OF CONTENTS Preamble Page 1 Article 1 Recognition Page 1 Article 2 Implementation Page 1 Article 3 Term Page 1 Article 4 Renegotiation Page 1 Article 5 Retention of Benefits Page 2 Article 6 City Rights Page 2 Article 7 No Strike and No Lockout Page 2 Article 8 Compensation Adjustments Page 3 Article 9 Bereavement Leave Page 3 Article 10 Long Term Disability Page 4 Article 11 Annual Vacation Leave Page 4 Article 12 Sick Leave Accrual Page 7 Article 13 Bilingual Pay Page 8 Article 14 Linen Provision, Maintenance, and Replacement Page 8 Article 15 Flexible Benefits Program Page 8 Article 16 Holidays Page 11 Article 17 Retirement Benefits Page 11 Article 18 Provision of 1959 PERS Survivors' Benefit Page 12 Article 19 Overtime and Compensatory Time Page 12 Article 20 Flexible Work Schedules for Deputy Fire Marshal Page 14 Article 21 Americans With Disabilities Act Page 14 Article 22 Family Leave Act Page 14 Article 23 Discipline of Employee Page 15 Article 24 Grievance Procedure Page 20 Article 25 Alcohol and Drug Policy Page 23 Article 26 Authorized Agents Page 28 Article 27 Full Understanding, Modification, Waiver Page 28 Article 28 Provisions of Law Page 29 Article 29 Paramedic License Pay Page 29 Article 30 Reporting Value ofUniforms to CalPERS Page 29 Article 31 Acting Pay Page 29 Article 32 Deferred Compensation Page 30 Article 33 Leave of Absence Page 30 Article 34 Military Leave Page 34 Page 322 Article 35 Jury Duty Page 34 Article 36 Life Insurance and Voluntary Benefits Page 34 Article 37 Probationary Period Page 35 Article 38 Post-Retirement Healthcare Trust Page 35 Article 39 Outsourcing Page 35 Article 40 Survey Market Page 36 Article 41 Education Incentive Page 36 Article 42 Wellness Page 38 Appendix A Requirements to be "Certified", Serve in an "Acting" Page 39 Capacity and Apply for a Promotion 11 Page 323 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "city") and the designated representatives of the Carlsbad Firefighters' Association, Inc. (hereinafter referred to as CF A or "CF A, Inc."). 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. In cases where there is a conflict between this Memorandum and the Carlsbad Fire Department Directives, this Memorandum shall prevail. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CF A, Inc. as the majority representative for all classifications in this Unit, as set forth in the Petition for Recognition, submitted November 3, 1991, in accordance with the provisions of Section 2.48.090 (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 CF A, Inc. It is agreed that this Memorandum shall not be binding upon the parties, either in whole or in part, unless and until the City Council acts by majority vote to formally approve and adopt this Memorandum. It is further agreed that, if the City Council approves and adopts this Memorandum, city management will act in a timely manner to make the changes or recommend the City Council make the changes, in city ordinances, resolutions, rules, policies, and procedures necessary to implement this Memorandum. ARTICLE 3. TERM The term of this Memorandum shall be from January 1, 2017, through December 31, 2019. ARTICLE 4. RENEGOTIATION In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum, that party shall serve upon the other a notice of such intent. During the term of this Page 324 Memorandum, the parties agree to meet and confer upon request of the other party to discuss additional changes to this Memorandum required by implementation of the HCMS payroll software system. ARTICLE 5. RETENTION OF BENEFITS The employees represented by CF A, Inc., shall retain all present benefits for the term of this agreement, as amended by this Memorandum, subject to the following provisions: • 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, and other matters which fall within the scope of representation, such as, but not limited to, material modifications to personnel rules and Fire Department directives, before taking any action impacting employees within the bargaining unit. • Management Rights: The city's decisions regarding staffing levels, station closures, layoffs, reorganization, contracting out bargaining unit work to third parties, and furloughs 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 ofthe 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; contract out, after meeting and conferring over decision and effects, bargaining unit work to third parties; 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. ARTICLE 7. NO STRIKE AND NO LOCKOUT A. No Strike. During the term of this Memorandum and in accordance with Labor Code Section 1962, 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. 2 Page 325 B. Penalty. If a strike occurs in violation of Article 7.A. or Labor Code Section 1962, the city may utilize any legal remedies available to it to halt the strike. In addition, any employee engaging in activity prohibited by Article 7 .A. or Labor Code Section 1962, or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this Memorandum, 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 is an officer of CF A, Inc. 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 members of their obligations under this Memorandum and Labor Code Section 1962 and to direct them to return to work. E. Non-discrimination Clause. Neither city nor CF A, Inc. shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CF A, Inc. activity or because of the exercise of any right provided to the employees by this Memorandum. ARTICLE 8. COMPENSATION ADJUSTMENTS Effective January 1, 2017, all CF A represented employees will receive a salary increase based on their classification as shown below. • Fire Engineer, Fire Captain, Captain Specialist and Assistant Fire Marshal3.45% • All other classifications 2.25% Effective January 1, 2018, all CF A represented employees will receive a salary increase based on their classification as shown below. • Fire Engineer, Fire Captain, Captain Specialist and Assistant Fire Marshal3.3% • All other classifications 2% Effective January 1, 2019, all CFA represented employees will receive a two percent (2%) salary mcrease. Any step increases granted shall be effective on the employee's anniversary date or date of promotion. ARTICLE 9. BEREAVEMENT LEAVE An employee working a 112 hours/pay period schedule 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 ofbereavement leave, however, is limited to three consecutive days which may or may not include a scheduled shift(s). An employee working an 80 hours/pay period schedule may use up to three work shifts of paid leave if required to be absent from duty due to the death of a member of the employee's immediate family. Additional time off may be authorized by the Fire 3 Page 326 Chief or his/her designee and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The "immediate family" shall be defined as: a spouse, domestic partner, child, grandchild, member of immediate household, sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the employee, or any person for whom the employee has served in place of a parent. The term "child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term "parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. The employee may be required to submit proof of the family member's death before being granted bereavement leave. ARTICLE 10. LONG-TERM DISABILITY The city will contract with a mutually agreed upon insurance company to provide long term disability insurance for all represented employees. The insurance shall provide a 30-day benefit waiting period. The city will pay the full premium for this insurance beginning with the first full pay period after ratification. The dollar amount paid by CF A employees for the LTD insurance premiums between the first full pay period of calendar year 2017 and the first full pay period after ratification will be paid to active CF A employees as a one-time taxable (non-PERSable) cash payment in the first full pay period after ratification of this Memorandum. ARTICLE 11. ANNUAL VACATION LEAVE A. Basis of Accrual The city and CF A, Inc., agree to continue the following annual vacation leave schedule for all employees working a 112 hours/pay period schedule: Less than 5 5 through 9.99 10 through 10.99 11 through 11.99 12 through 12.99 13 through 14.99 15 or more full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service -21 minutes/day -32 minutes/day -34 minutes/day -36 minutes/day -38 minutes/day -40 minutes/day -42 minutes/day The city and CF A, Inc., agree to continue the following annual vacation leave schedule for all employees working an 80 hours/pay period schedule: Less than 5 5 through 9.99 10 through 10.99 11 through 11.99 full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service 4 -13 minutes/day -20 minutes/day -21 minutes/day -22 minutes/day Page 327 12 13 15 through 12.99 through 14.99 or more full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service -24 minutes/day -25 minutes/day -26 minutes/day Effective January 1, 2018, the annual vacation leave accrual schedule for all employees working a 112 hours/pay period schedule will be: Less than 3 3 through 4.99 5 through 9.99 10 through 10.99 11 through 11.99 12 through 12.99 13 through 14.99 15 or more full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service -21 minutes/day -26 minutes/day -32 minutes/day -34 minutes/day -36 minutes/day -38 minutes/day -40 minutes/day -42 minutes/day Effective January 1, 2018, the annual vacation leave accrual schedule for all employees working an 80 hours/pay period schedule: Less than 3 3 through 4.99 5 through 9.99 10 through 10.99 11 through 11.99 12 through 12.99 13 through 14.99 15 or more full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service full calendar years of continuous service -13 minutes/day -16 minutes/day -20 minutes/day -21 minutes/day -22 minutes/day -24 minutes/day -25 minutes/day -26 minutes/day Vacation leave is accrued on a daily basis. Vacation leave can be used in 15 minute increments. Effective January 1, 2017, a CPA-represented employee who is reinstated, as defined in the City of Carlsbad Personnel Rules and Regulations, upon reinstatement, shall resume the same vacation accrual rate that the employee had at the time of their separation. B. Vacation Accrual Maximum All employees working a 112 hours/pay period schedule shall be entitled to earn and accrue up to and including four hundred and forty-eight ( 448) hours of vacation. No employee working a 112 hours/pay period schedule will be allowed to earn and accrue vacation hours in excess of the four hundred and forty-eight ( 448) hour maximum. All employees working an 80 hours/pay period schedule shall be entitled to earn and accrue up to and including three hundred and twenty (320) hours of vacation. No employee working an 80 hours/pay period schedule will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum . . 5 Page 328 Department Heads will encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Fire Chief and the City Manager. The Fire Chief and the City Manager may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. C. Vacation Conversion Each February, during a pay period to be determined by the City Manager or his/her designee, all employees working a 112 hours/pay period schedule shall be allowed to voluntarily convert up to one hundred twelve (112) hours of accrued vacation to cash, provided that they have used at least one hundred twelve (112) hours of vacation during the prior calendar year. Each February, during a pay period to be determined by the City Manager or his/her designee, all employees working an 80 hours/pay period schedule will be allowed to voluntarily convert up to eighty (80) hours of accrued vacation to cash, provided that they have used at least eighty (80) hours of vacation during the prior calendar year. D. Effects of Holiday on Vacation Leave For all employees who work an 80 hours/pay period schedule, in the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual ofVacation Leave See Article 33 for the effect of an extended leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from city service. This clause shall not limit the city's right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in Telestaff prior to 1700 hrs the day before the leave period. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. 6 Page 329 H. Terminal Vacation Pay The dollar value of an employee's accrued vacation balance as of the employee's last day on payroll shall be paid to the employee upon separation of employment at the employee's base rate of pay at separation. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. ARTICLE 12. SICK LEAVE ACCRUAL All employees working a 112 hours/pay period schedule shall be entitled to accrue sick leave at a rate of 25 minutes per day. All other employees shall be entitled to accrue sick leave at a rate of 16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute increments. A. Use of Sick Leave Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability. 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 3. A pre-scheduled doctor, dental, or optometry appointment has been entered into and allowed by Telestaff. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in the Personnel Rules. 5. All leave provisions will be administered consistent with state and federal laws. B. Proof of Illness The Fire Chief may request a certificate issued by a licensed physician or other satisfactory proof of illness when abuse is suspected and/ or when sick leave use is in excess of three (3) consecutive work days. The Fire Chief may also designate a licensed physician to conduct a physical examination, and such examination shall be conducted at city expense. Employees shall be required to account for all hours they are requesting as sick leave via Telestaff. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when, in the opinion of the Fire Chief, the employee has abused such privileges. 7 Page 330 C. Effect of Leave of Absence See Article 33 for the effect of an extended leave of absence on sick leave accrual. ARTICLE 13. BILINGUAL PAY The city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $40.00 per pay period for the performance of bilingual skills. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test in the Spanish language as determined appropriate by the city. The city reserves the right to include other languages as eligible for bilingual pay at some future date. This article shall not be subject to the grievance procedure. ARTICLE 14. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT The city agrees to provide one set of bed linen and two towels per person for all personnel working a 112 hours/pay period work schedule. 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 15. FLEXIBLE BENEFITS PROGRAM Employees represented by the CF A, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance (AD&D) and flexible spending accounts (FSAs). A. Medical Insurance During the term of this Agreement, represented employees will be covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section D of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees' Retirement System (CalPERS). If electing to emoll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. Effective the first full pay period following City Council approval of this Memorandum, prospectively only, the city shall contribute the following monthly amounts (called Benefits Credits) on behalf of each active employee and eligible dependents toward the payment of 1) medical premiums under the 8 Page 331 CalPERS health program, 2) city-sponsored dental, vision or AD&D premiums or 3) contributions in the name ofthe employee to the city's flexible spending account(s): (a) For employees with "employee only" coverage, the city shall contribute five hundred ninety-seven ($597) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city's total contributions, the employee will pay the difference. (b) For employees with "employee plus one dependent" coverage, the city shall contribute one thousand one hundred twenty-two ($1,122) (increased from $1,037) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city's total contributions, the employee will pay the difference. (c) For employees with "employee plus two or more dependents" coverage, the city shall contribute one thousand four hundred seventy-two ($1,472) (increased from $1 ,240) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city's total contributions, the employee will pay the difference. (d) To provide CFA members with the value ofthis increase in Benefits Credits for the pay periods that include the period between January 1, 2017 and ratification of this Memorandum by the City Council, the City shall, with payroll, for the first full pay period after ratification of this Memorandum by the City Council, make a one-time taxable (non-PERSable) cash payment equal to the increase in Benefits Credits for CF A members employed by the City on that date. The total cash amount will depend on the employee's medical coverage level as of the pay period that includes January 1, 2017 and the number of payroll periods in 2017 that occur between January 1, 2017 and ratification ofthis Memorandum. Effective the pay periods that include January 1, 2018 and January 1, 2019-City monthly benefit credits associated with each coverage level will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. If the amount contributed by the city (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the "unused credits" will be applied towards the cost of the employee's purchase of dental insurance, vision insurance, AD&D insurance, and contributions to a healthcare or dependent care flexible spending account (FSA). Remaining unused Benefits Credits will be paid to the employee in cash and reported as taxable income. 9 Page 332 B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance Employees may elect to purchase or waive city-sponsored dental, vision or AD&D insurance plans. If the decision is made to purchase one or more of these insurance plans, an employee may purchase them at any level of coverage offered by the plan. C. Retirees Each retired employee who was a member of this bargaining unit is covered by the Public Employees' Medical and Hospital Care Act and is eligible to participate in the California Public Employees' Retirement System (CalPERS) Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS Health Program. Employees who retire from the city, either service or disability, shall be eligible to continue to participate in the city's dental and/or vision insurance programs. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. The city shall not charge the COBRA administrative cost to the retirees. A retiree who does not choose continued coverage upon retirement, or drops coverage, is only eligible to return to the city's dental and vision insurance program during open enrollment periods. The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. D. Opt Out Provision CF A represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city's medical insurance, provided they can show that they are covered under another group insurance plan. Employees who waive city-sponsored medical insurance will be given a reduced city contribution amount (Benefits Credits) of two hundred sixty-seven ($267) per month to be used toward the purchase of dental insurance, vision insurance, AD&D insurance or as a contribution to a flexible spending account. The city contribution amount of two hundred sixty-seven ($267) per month will be granted to any employee who elects to waive the CalPERS Health Program and who provides proof of other medical insurance coverage, regardless of the employee's level of coverage (employee only, employee plus one dependent, employee plus two or more dependents). Effective the pay period that includes January 1, 2018, the City monthly benefit credits associated with waiving medical coverage will be set equal to 50% of the benefit credits associated with Employee Only medical coverage level. 10 Page 333 Unused Benefits Credits will be paid to the employee in cash and reported as taxable mcome. ARTICLE 16. 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 Martin Luther King Jr.'s Birthday President's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Thanksgiving Friday Christmas Day Employees working a 112 hours/pay period schedule shall be compensated for twelve (12) hours ofholiday pay (using a base salary rate that excludes additional pays) on the day the holiday occurs. See Article 33 for the effect of an extended leave of absence on holiday pay. Employees working an 80 hours/pay period schedule will observe the scheduled paid holidays listed above. Only employees who are on paid status on their scheduled work day immediately before a holiday shall be entitled to the paid holiday. ARTICLE 17. RETIREMENT BENEFITS 17.1 The city has contracted with CalPERS for the following retirement benefits: • Safety Tier 1 -(employees entering safety membership for the first time prior to October 4, 2010)-The retirement formula shall be 3%@ 50; single highest year final compensation. • Safety Tier 2 -(employees entering safety membership for the first time on or after October 4, 2010)-The retirement formula shall be 2%@ 50; three year average final compensation. Employees who are "New Members" as defined by the California Public Employees' Pension Reform Act of2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will constitute a third tier and be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits: 11 Page 334 • Safety Tier 3-The retirement formula shall be 2.7%@ 57; three year average final compensation. 17 .2. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • Tier 1 and Tier 2 safety employees shall pay all of the employee retirement contribution (9% ). • Tier 3 safety employees shall pay one half of the normal cost rate associated with the 3rd tier. 17.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city will report the value of the EPMC as additional (special) compensation to CalPERS for all local fire employees designated as "classic CalPERS members." ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS' BENEFIT The city agrees to provide the Fourth Level of the 1959 Survivors' Benefit. ARTICLE 19. OVERTIME AND COMPENSATORY TIME 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 (except for emergency call-back), 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 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. Definition of Fire Suppression and Fire Prevention Employees Employees in the classifications listed below are considered Fire Suppression Employees. Firefighter Paramedic Firefighter Fire Engineer Fire Captain Captain Specialist Employees in all other classifications represented by CF A, Inc. are considered Fire Prevention Employees. 12 Page 335 A. EMPLOYEES WORKING A 112 HOUR/PAY PERIOD SCHEDULE: 1. Overtime The City of Carlsbad may elect to use a 24-day work cycle for fire suppression employees under the 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shall be twenty-four (24) days in length. The "work schedule" is to be based on a fifty-six (56) hour average workweek. Premium pay, one and one-half (1 112) times the normal rate of pay, shall be paid for all hours in excess of the FLSA guidelines in each work period. (The FLSA guidelines permit 182 hours per 24 day work period to be paid at the regular rate of pay for fire suppression employees.) Therefore, each fire suppression employee on a 112 hour/pay period schedule (or on a modified duty IOD-related work schedule) will earn six (6) hours of premium pay in each biweekly pay period. In addition, any employee required to perform in excess of an employee's normal scheduled shift shall receive compensation at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall be calculated in conformance with the FLSA. B. EMPLOYEES WORKING AN 80 HOURS/PAY PERIOD SCHEDULE: 1. Overtime The official 7-day FLSA work week for employees on a 9/80 Friday to Friday shift begins four ( 4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty eight (168) hours later (at four (4) hours after the regularly scheduled starting time for their Friday shift). For all others who work an 80 hour/pay period schedule the FLSA work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. Any employee required to perform in excess of 40 hours in their 7 day FLSA work week or in excess of an employee's normal scheduled day shall receive compensation at the rate of time and one-half his/her regular rate of pay except as outlined in Section 3 below. The regular rate of pay shall be calculated in conformance with the FLSA. 2. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, a Fire Prevention 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. 13 Page 336 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. An employee may elect to "cash out" any portion of his/her accrued compensatory time at his/her regular rate of pay in any pay period. The employee shall indicate the number of hours to be cashed out on his/her timesheet.. 3. Request for Temporary Shift Adjustment (Flex Time) An employee on an 80-hour shift may request that the employee's normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee's FLSA work week without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate even if the employee's hours worked exceed his/her normal scheduled shift on that day. Overtime will still be paid if the employee works in excess of 40 hours during his/her FLSA work week. ARTICLE 20. FLEXIBLE WORK SCHEDULES Employees hired by divisions currently operating on an alternative work schedule shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. Suppression employees temporarily assigned to light duty will be assigned to the 9/80 work schedule referenced below or a traditional 5/40 work schedule. This article shall not be subject to the grievance procedure. 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. 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. This article shall not be subject to the grievance procedure. ARTICLE 21. 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 22. 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. 14 Page 337 ARTICLE 23. DISCIPLINE OF AN EMPLOYEE 23.1 Authority-Full authority for discipline is retained by the city. The city may discipline a regular employee for just cause. In appropriate cases the city will use progressive disciplinary practices. 23.2 Representation-An employee attending any investigatory or fact-finding meeting which may result directly in discipline, reduction in pay, suspension, demotion or discharge shall be allowed representation. 23.3 Grounds for Discipline -The city has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment including untruthfulness, misrepresentation or omission of information. (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, public disclosure of privileged information or dishonesty. (3) Failure to maintain certification and licenses required by law or the Fire Department. ( 4) Being under the influence of alcohol or intoxicating drugs while on duty. (5) Unauthorized absence without leave. (6) Criminal conviction having some relevance to the job. (7) Intentionally being discourteous to the public. (8) Unauthorized use of or neglect of city property. (9) Abuse of sick leave. (1 0) Unauthorized outside employment that constitutes a conflict of interest. (11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (12) Falsification of any city report or record. (13) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, Fire Chief, or supervisor. (14) Political activities precluded by State or Federal law. (15) Other acts that are incompatible with service to the public. (16) Failure to respond to questions or otherwise fail to participate during an investigation conducted by the city or its agents. 23.4 Firefighter Bill of Rights Procedures -The following appeals procedures are adopted pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive action that is required to be afforded to a firefighter under the Act. 15 Page 338 Prior to taking punitive action involving discipline, suspension without pay, reduction in pay, demotion or discharge, the employee shall be given notice of the action to be taken, the effective date for such action, the evidence or materials upon which the action is based, and notified of his/her right to be represented by an attorney or other representative at further proceedings. 23.5 Pre-Discipline Process-The employee will be given an opportunity to respond to the Fire Chief either orally or in writing, provided the employee requests the opportunity within seven (7) calendar days of the notice of the intended action. If the employee or his/her designated representative requests the right to respond to the proposed punitive action, imposition of proposed punitive action shall be deferred until after the response is received by the Fire Chief. It is the Fire Chiefs responsibility to coordinate the scheduling of the conference within fourteen (14) consecutive days of the employee's request. The Fire Chief or designee shall be responsible for receiving the employee's and/or his/her representative's response to the proposed discipline. The conference shall be conducted informally and shall be limited to the presentation of information by and through the employee and/or his/her representative in response to the charges and allegations set forth in the notice of proposed discipline. In the event the employee is unable to respond to the charges within the time permitted and demonstrates the reasonableness of a need for a continuance, the presiding officer may grant a continuance of up to an additional five (5) calendar days. The time limits described herein are essential and may only be modified or enlarged by mutual consent of both the employee and the Fire Chief or his/her designee. The above process will occur prior to the imposition of the discipline. 23.6 Notice of Discipline-After conclusion of the pre-disciplinary conference and within 30 days of the department's final decision, but not less than forty-eight (48) hours prior to imposing discipline, the Fire Chief shall notify the employee in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. The notice shall also contain a statement of charges which shall set forth the acts or omissions with which the employee is charged in order that the employee will be able to prepare his/her defense. Also, the notice shall specify the city rules, regulations, policies and procedures which the employee is alleged to have violated. The notice of discipline shall also advise the employee of his/her right to request an appeal hearing by filing a Notice of Appeal as provided under section 23.7 below. The Notice of Appeal must be filed within 15 days after service upon the employee of the Notice of Discipline. Failure to request an appeal hearing within the 15 day period, will constitute waiver of the employee's right of appeal. The Notice of Discipline shall be 16 Page 339 served personally on the employee with a proof of service noticed and retained by the department. 23.7 Right to Appeal -An employee has the right to appeal punitive action according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right. A probationary employee (entry level or promotional) rejected during the probationary period shall not be entitled to appeal such rejection via the appeals process. 23.8 Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or Suspension The City shall follow the Firefighter Procedural Bill of Rights except where hereinafter noted. The CF A waives the formal appeal of punitive action not involving discharge, demotion, reduction in pay or suspension (e.g. written reprimands) and agrees to the following procedures in which the Fire Chief, or his/her designee, shall issue a binding decision for such discipline. A. Notice of Appeal-Within seven (7) calendar days of receipt of the notice of discipline, a regular employee shall notify the Fire Chief in writing of the employee's intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. B. Presiding Officer -In an informal hearing, the Fire Chief or his/her designee shall be the presiding officer. If the Fire Chief or designee cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code § 11425.40, then the City Manager or his/her designee shall serve as the Presiding Officer. In such cases, the determination of the City Manager shall be final and binding. C. Burden of Proof-The city shall bear the burden of proof at the informal hearing. Based upon a preponderance of the evidence, the Department shall show that the action taken against the employee was reasonable according to the FBOR. D. Conduct of Hearing 1. The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. 2. The parties may present opening statements. 3. The parties may present evidence through documents and testimony. Any witnesses shall testify under oath. 4. Unless the punitive action involves a loss of compensation, the parties shall not be entitled to confront and cross-examine witnesses. 17 Page 340 5. Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the ~residing Officer. E. Recording ofthe Hearing-All hearings may be recorded. If the punitive action involves the loss of compensation, then the hearing shall be electronically recorded with both parties receiving a copy of the record. F. Representation-The firefighter may be represented by an association representative or attorney ofhis or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter. G. Decision-The written decision shall be served in person to the firefighter when practical. The firefighter shall acknowledge receipt in writing and shall be informed that the time within which judicial review must be sought is governed by Code of Civil Procedure § 1094.6. In the event the decision cannot be delivered in person, the decision will be delivered to the employee and his/her attorney or representative by first class mail, postage prepaid, accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought. 23.9 Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of Pay or Suspension A formal appeal procedure shall be available for a disciplinary action involving discharge, demotion, reduction in pay or suspension of more than five days. The administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) ofPart 1 ofDivision 3 of Title 2 ofthe California Government Code. The city will bear all administrative costs associated with a formal appeal of discipline and the subsequent hearing: including the presiding officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation documents. A. Notice of Discipline as Accusation-The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code§§ 11500, et seq. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. 1. If, after investigation and any pre-disciplinary response or procedure, the fire department or city decides to impose discipline, the department or the city shall notify the firefighter in writing of its decision to impose discipline within thirty (30) days of its decision, but not less than 48 hours prior to imposing the discipline. 2. The notice shall be prepared and served within the timeframes specified in Government Code Section 3254( d) and in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) ofPart 1 of Division 3 of Title 2 ofthe California Government 18 Page 341 Code shall be provided to the firefighter concurrently with the notice of discipline. B. Burden of Proof-The burdens of proof and production of evidence shall be borne by the city. The standard of proof shall be by a preponderance of the evidence. C. Evidence-Rules of evidence shall comply with Chapter 5, Section 11513 ofthe Government Code. D. The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically. E. The formal appeal shall be presided over by an administrative law judge on staff of the State Office of Administrative Hearings, hereafter referred to as the "ALJ". The ALJ shall preside at the appeal hearing, rule on the admission and exclusion of evidence and determine and rule on all matters of law both procedural and substantive. In conducting the appeal hearing the ALJ shall follow the provisions set forth above. F. Within thirty (30) days after the case is submitted to him or her, the ALJ shall prepare a proposed written decision to be submitted to the City Manager. Within 100 days of receipt by the City Manager of the ALI's proposed decision, the City Manager may take any of the following actions: (a) Adopt the proposed decision in its entirety. (b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. (c) Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the City Manager under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision. (d) Reject the proposed decision and refer the case to the same ALJ if reasonably available, otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, he or she shall prepare a revised proposed decision based on the additional evidence and the transcript and other papers that are part of the record of the prior appeal hearing. A copy of the revised proposed decision shall be furnished decision shall be served to each party and his or her attorney. (e) Reject the proposed decision, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties the City Manager may decide the case upon the record without including the transcript. 19 Page 342 (f) The City Manager's decision will be reduced to writing and shall be final and binding on the parties. The City Manager's written decision shall be served on the parties in accordance with Code of Civil Procedure section 1094.6 Government Code 11518 and the decision shall be subject to judicial review pursuant to Code of Civil Procedure section 1 094.5/Government Code. ARTICLE 24. GRIEVANCE PROCEDURE 24.1 A grievance is an allegation made by an employee that the employee has been damaged or denied a benefit by the city due to misapplication or a mistaken interpretation of a specific provision of this Agreement, the city's Personnel Rules or, effective no later than January 1, 2009, any existing Fire Department Directive which falls within the subject matter contained in the scope of bargaining set forth in the Meyers, Milias Brown Act. 24.2 Reviewable and Non-Reviewable Grievances 24.2.1 24.2.2 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters contained in this Agreement over which the Fire Chief has control. (c) Arise out of a specific situation, act, or acts which result in damage to the employee. (d) Arise out of a misinterpretation or misapplication of this Agreement. A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a policy established by City Council or by law; (b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 24 Discipline), such as: (1) Applications for changes in title, job classification, or salary. (2) Appeals from formal disciplinary proceeding. (3) Appeals from work performance evaluations. 20 Page 343 24.3 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 24.3.1 24.3.2 24.3.3 24.3.4 24.3.5 24.3.6 24.3.7 24.3.8 24.3.9 Procedure for Presentation: In presenting a grievance, an employee shall follow the sequence and the procedure outlined in Section 25.4 of this procedure. Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (i.e., when grievant knew or should have known) the act or omission of management caused the grievance. Prescribed Form: The written grievance shall be submitted on a form prescribed by the Human Resources Director for this purpose. Statement of Grievance: The grievance shall contain a statement of: (a) The specific facts or actions, including dates, which constitute the basis for the grievance. (b) The article that was misapplied or misinterpreted. (c) The damage suffered by the employee. (d) The relief sought. Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless he/she so desires. Interested Parties: Interested parties may provide information during the hearing of the grievance at any step of the grievance procedure. Handled During Working Hours: Whenever possible, grievances will be handled during regularly scheduled working hours. Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled as a single grievance. 21 Page 344 24.3.10 24.3.11 Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not appeal the matter to a higher authority within the prescribed time. Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. 24.4 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 24.4.1 24.4.2 24.4.3 24.4.4 Discussion With Supervisor: The employee shall discuss the grievance with the employee's immediate supervisor informally. Within seven (7) calendar days, the supervisor shall give a decision to the employee verbally. Step 1 : If the employee and the supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the supervisor. The supervisor shall memorialize the prior verbal decision on the grievance and present the grievance to the next-level supervisor within seven (7) calendar days. The next-level supervisor shall hear the grievance and shall give a written decision to the employee within seven (7) calendar days after receiving the grievance. This portion of this step shall be repeated as necessary until the next-level supervisor is a Division Chief. Step 2: If the employee and the next-level supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the Fire Chief. The Fire Chief shall hear the grievance and shall give the written decision to the employee within seven (7) calendar days after receiving the gnevance. Step 3: If the employee and Fire Chief cannot reach an agreement as to the solution of the grievance, the employee may file a written request with the Human Resources Director, within seven (7) calendar days, to have the grievance heard by a Hearing Officer selected via the process described in Section 25.4.7. The grievance shall also be presented to the Assistant City Manager who may conduct a meeting with the grievant and/or CF A representative to identify and clarify disputed 22 Page 345 24.4.5 24.4.6 24.4.7 issues and attempt to resolve the grievance prior to presentation of the grievance to the Hearing Officer. Step 4: If the matter is not otherwise resolved, the Hearing Officer shall, within thirty (30) calendar days after receipt of the grievance, hear the grievance and render an advisory opinion to the City Manager. The City Manager shall, within fourteen (14) calendar days after receipt of the advisory opinion, notify the employee of the final action. Any of the above steps may be waived by mutual agreement of the parties. The employee or employee organization and the city agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strikeout procedure using a list of seven names provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name. All administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the Carlsbad Firefighters' Association. In the case that the Carlsbad Firefighters' Association does not support the grievance continuing to the advisory hearing by a hearing officer, all administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the employee. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents. ARTICLE 25. 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. 23 Page 346 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 suspicion" 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 unlawful 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; 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 ofthis policy. 2. Employees must 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. 24 Page 347 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 notice to the employee or if no prior notice, in the employee's presence, 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 and/or search under this policy. Employees shall have no expectation of privacy in these areas, locations or properties. 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. If the FBOR (Government code section 3259) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article. For example, the city may conduct searches without notice to the employee or without the employee being present, if a valid search warrant has been obtained. The employee may also consent to a search. Nothing herein shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. 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. 25 Page 348 II. E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT regulations The parties acknowledge that the Federal Motor Carrier Safety Improvement Act of 1999 (see Attachment B) and the California Vehicle Code apply to unit members. The parties shall comply with the regulations developed by the Department of Transportation to enforce the Act. 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 I.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; 26 Page 349 c. unsteady walking or movement not related to pnor 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 m 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. III. 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. 27 Page 350 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 26. 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 (760) 434-2820, except where a particular city representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CF A, Inc., principal authorized agent shall be its President or duly authorized representative. Address: P.O. Box 945, Carlsbad, California 92018-0945; Telephone: (760) 729-3730; Email: iafflocal3730@aol.com. ARTICLE 27. FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is the intent of the parties that this Memorandum 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. B. It is the intent of the parties that this Memorandum 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 CF A, Inc., indicating the proposed change prior to its implementation. If CF A, Inc., wishes to consult or negotiate with the city regarding the matter, CF A, 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. 28 Page 351 Nothing herein shall limit the authority of the city to make such changes required during emergencies. However, the city shall notify CF A, Inc. of such changes as soon as practicable. Such emergency changes 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 CF A, Inc. to request consultation or negotiations pursuant to Paragraph B shall be deemed as approval of any action taken by the city. D. Any agreement, alteration, understanding, variation, waiver, or modification of any ofthe 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. E. The waiver of any breach, term, or condition of this Memorandum by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 28. 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 and federal and state regulations. If any part or provision of the Memorandum 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 shall not be affected thereby. ARTICLE 29. PARAMEDIC LICENSE PAY Fire Captains and Fire Engineers who retain their paramedic license and San Diego County accreditation will receive sixty-six dollars and ninety-five cents ($66.95) per pay period for paramedic license pay. ARTICLE 30. REPORTING VALUE OF UNIFORMS TO CALPERS Effective May 31, 2010, all CPA-represented employees who are required to wear city-provided uniforms will have the amount of$17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniforms, excluding boots. Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. ARTICLE 31. ACTING PAY Whenever the needs of the city require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of four (4) hours or more, the employee shall receive 5% additional pay while in the acting capacity. Until July 1, 2017, only employees who are on an Eligibility List (maintained by the Human Resources Dept) for the higher classification or employees who have completed an Acting Position Taskbook (as 29 Page 352 described in the Fire Department Directives) are eligible to serve in an acting capacity. Effective July 1, 2017, Appendix A describes the requirements for an employee to be eligible to serve in an acting capacity. An employee may not serve in an acting capacity for more than six (6) months without prior approval from the Fire Chief. ARTICLE 32. DEFERRED COMPENSATION The city shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The city reserves the right to accept or reject any particular plan (current providers are ICMA and Nationwide) and to impose specific conditions upon the use of any plan. Such plan shall be implemented according to the plan document and without cost to the city. As soon as administratively possible after ratification of this MOU, and only until the pay period that includes December 31,2019, for Safety Tier 3 employees only, the City shall match employee contributions that the Safety Tier 3 employees contribute into a deferred compensation plan up to a maximum of $2,500 per calendar year per employee. For example, if an employee contributes $0 in calendar year 2017, the City contributes $0 in calendar year 2017; if an employee contributes $1,000 in calendar year 2017, the City contributes $1,000 in calendar year 2017; if an employee contributes $2,500 in calendar year 2017, the City contributes $2,500 in calendar year 2017; if an employee contributes $3,000 in calendar year 2017, the City contributes $2,500 in calendar year 2017. ARTICLE 33. LEAVE OF ABSENCE 3 3 .1 Occupational Injuries or Illnesses 33.1.1 Employees in the classifications ofFirefighter, Paramedic Firefighter, Fire Engineer, Fire Captain and Captain Specialist who are temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. All non-suppression classifications that sustain a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period of up to forty-five (45) calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of forty-five (45) calendar days. The city reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards 30 Page 353 (including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers' compensation matters and/or FMLA/CFRA matters. If the employee continues to be unable to work after the above described benefits have been exhausted and the employee has not been retired, the employee will receive workers' compensation temporary disability payments as provided in the Labor Code. To the extent these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. A sworn employee may not use accrued sick leave after the city approves the employee's Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit. 33.2 Non-Occupational Injuries or Illnesses 33.2.1 An employee who is temporarily unable to work due to a non-occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 33.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same manner as leaves of absence for non-occupational illnesses or injuries, subject to the pregnancy disability provisions of the California Fair Employment and Housing Act. 33.3 To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the California Family Rights Act or the federal Family and Medical Leave Act. 33.4. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of the Fire Chief for less than two calendar weeks. If the duration of the 31 Page 354 leave of absence will be longer, the approval of the City Manager or his/her designee is required. An employee shall utilize all his/her vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. To take a course of study which will increase the employee's usefulness on return to his/her position in the city service. 3. For personal reasons acceptable to the Fire Chief and City Manager. B. Authorization Procedure Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by the Fire Chief, and, if applicable, shall be promptly transmitted to the City Manager or his/her designee for approval. A copy of any approved request for leave of absence without pay with a duration equal to or greater than two calendar weeks shall be delivered promptly to the Directors of Finance and Human Resources. C. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed six months, unless otherwise approved by the City Manager. The procedure for granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than fourteen (14) calendar days prior to the expiration of the original leave. D. Return From Leave When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, he/she shall contact his/her Department Head at least fourteen (14) calendar days prior to the day he/she plans to return. The Department Head shall promptly notify the Human Resources Department of the employee's intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. 32 Page 355 E. Leave Without Pay -Insurance Payments and Privileges An employee on leave without pay may continue his/her city insurance benefits by reimbursing the city for the employee's costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee's coverage terminating on the first day following the month in which the last payment was received. Upon the employee's return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees. 33.5. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave, vacation, compensatory time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except compensatory time off, prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave. 33.6. Extended Leave of Absence Eligibility for accrual of sick leave and vacation, holiday pay and cell phone allowance will be paused until the employee returns to work under two circumstances, the one occurring later to have precedence: a) the completion of 84 consecutive calendar days (12 weeks) ofleave of absence (paid or unpaid and except when leave is ordered by the City) or b) the completion of a leave of absence related to Section 4850 of the Labor Code. 33 Page 356 For example, if an employee, while away from work on an approved leave of absence for family reasons, is diagnosed with a presumptive illness, the above-referenced benefits would continue until the completion ofthe leave of absence related to Labor Code Section 4850. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee's salary anniversary date, vacation anniversary date and seniority will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days (12 weeks) or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. Exception for a Probationary Newly Hired Employee. When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period and salary anniversary date shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. ARTICLE 34. MILITARY LEAVE Military leave shall be authorized in accordance with the applicable provisions of State and Federal law. The employee must furnish satisfactory proof to the Fire Chief, as far in advance as possible, that he/she must report to military duty. ARTICLE 35. JURY DUTY When called to jury duty, an employee, having provided at least five working days written notice from the date of the summons, shall be entitled to his/her regular compensation. Employees shall be entitled to keep mileage reimbursement paid while onjury duty. The Fire Chief may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release. ARTICLE 36. LIFE INSURANCE AND VOLUNTARY BENEFITS All CF A-represented employees shall receive city paid life insurance in an amount equal to one times their basic yearly earnings. To determine the benefit, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. 34 Page 357 The city provides various voluntary benefits available at the employee's cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440. ARTICLE 37. PROBATIONARY PERIOD 37.1 The initial hire probationary period shall be one year from the date the employee is hired. The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and the fitness of the employee to the assigned work. The employee will find this period helpful in evaluation of the city, his/her duties, his/her work and other satisfaction. 37.2 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. Failure to pass probation shall result in employee being put back to their prior position. 37.3 See Article 33 for the impact of a leave of absence on the probationary period. ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST The city and CF A, Inc. agree that CF A, Inc. will contract directly with a company of its choosing to provide post-retirement healthcare trust benefits for all represented employees. All CF A represented employees will contribute $100 per month into the post-retirement healthcare trust established by CF A, Inc. via payroll deductions. CF A, Inc., acknowledges that the city has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductions. CF A, Inc. shall hold the city harmless for the city's actions related to this Article, and indemnify the city against any liability the city incurs as a result of this Article, including but not limited to, its agreement to allow CF A, Inc., to participate in a post-retirement healthcare trust and/or the city's processing of payroll deductions as set forth in this section. Beginning with the first full pay period after ratification of this MOU, the city will contribute twenty-five dollars ($25) per month per employee to the Post Retirement Healthcare Trust. To provide CF A members with the value of this city contribution for the pay periods that include the time period between January 1, 2017 and ratification of this Memorandum by the City Council, the city shall, with payroll, in the first full pay period after ratification of this Memorandum by the City Council, make a one-time taxable (non-PERSable) cash payment equal to the retroactive value of the city contribution for those CF A members employed by the City on that date. ARTICLE 39. OUTSOURCING The city and CF A agree that the city may contract with public and private entities or individuals to perform any or all plan check activities except the final step in the plan checking process. CF A agrees that the city may contract out these services without meeting and conferring with CF A over the decision to contract these services or the effects of that decision. 35 Page 358 ARTICLE40. SURVEYMARKET In keeping with the City Council's philosophy of surveying the total compensation of other agencies, the agencies listed below will be considered in the survey market for CF A, Inc. 1. City of Del Mar 2. City of Encinitas 3. City of Escondido 4. City of Oceanside 5. City of Poway 6. City of San Marcos 7. City of Solana Beach 8. City of Vista 9. North County Fire District 10. Rancho Santa Fe Fire District ARTICLE 41. EDUCATION INCENTIVE This article shall not be subject to the grievance procedure. 41.1 Level 1: Applicable to all employees represented by CF A, Inc., effective the pay period inclusive of January 1, 2015. (a) Requirement: Present proofto the Fire Chief or his/her designee of the following: Evidence of the award of or A Baccalaureate degree and at least two each of the following (2) years' experience with a professional certificates issued by the municipal fire agency in a position California State Board of Fire responsible for fire prevention or fire Services: suppression duties 1. Fire Fighter I, or 2. Fire Fighter II, an Associate degree and at least four ( 4) 3. Driver Operator IA, years' experience with a professional 4. Driver Operator IB, municipal fire agency in a position 5. Training Instructor IA responsible for fire prevention or fire and suppression duties. 6. Training Instructor lB. Proof of certification from a California State Fire Marshal course that is deemed equivalent to one of the courses listed above by the Fire Chief or his/her designee shall also meet the requirement. 36 Page 359 (b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated at the rate of seventy-five dollars ($75) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or his/her designee. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. 41.2 Level 2: Applicable to all employees represented by CF A, Inc., effective the pay period inclusive of January 1, 2015. (a) Requirement: Present proof to the Fire Chief or his/her designee of the following: Evidence of the award of the or A Masters degree and at least four ( 4) Fire Officer certificate issued years' experience with a professional by the California State Board municipal fire agency in a position of Fire Services. responsible for fire prevention or fire suppression duties, Proof of certification from a or California State Fire Marshal a Baccalaureate degree and at least six ( 6) course that is deemed years' experience with a professional equivalent to the course listed municipal fire agency in a position above by the Fire Chief or responsible for fire prevention or fire his/her designee shall also suppression duties, meet the requirement. or an Associate degree and at least nine (9) years' experience with a professional municipal fire agency in a position responsible for fire prevention or fire suppression duties. (b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated at the rate of one hundred twenty dollars ($120) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or his/her designee. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. 41.3 An employee that meets the criteria for compensation under more than one level, above, shall receive compensation for only the highest such level for which he or she qualifies. 41.4 Eligibility for education incentive is determined based on the requirements issued by the California State Fire Marshal in place at the time the employee presents his/her evidence of eligibility. A change in the name of any of the above tracks identified or a future 37 Page 360 requirement of promotion in addition to the completion of a "task book" shall not effect eligibility for certification compensation. ARTICLE 42. WELLNESS The City shall contract with a wellness program provider to provide a wellness program to all CF A employees. Participation in educational components is mandatory. Employees are strongly encouraged to participate in the comprehensive fitness assessment and in the blood chemistry evaluation; however, employees may choose not to participate in either of these two components. All information and results from this general fitness evaluation are confidential in accordance with HIP AA regulations, non-punitive and will be given only to the employee. 38 Page 361 Appendix A Requirements to be "Certified", Serve in an "Acting" Capacity and Apply for a Promotion Effective July 1, 2017 REQUIREMENTS TO TASKBOOK REQUIREMENTS TO SERVE REQUIREMENTS BE "CERTIFIED" COMPLETION IN AN "ACTING" CAP A CITY TO APPLY FOR A (Taskbooks are PROMOTION AND described in the City TAKE THE of Carlsbad Fire PROMOTIONAL Department TEST Directives) I. FIRE ENGINEER To be a Certified Fire An employee may 1. To be eligible to serve in a In order to qualify for Engineer, an employee start working on the Fire Engineer acting capacity, participation in the must City of Carlsbad Fire an employee must be on a promotional process a. have two (2) years of Engineer Taskbook at current City of Carlsbad Fire for the position of service in the City of any time and may Engineer eligibility list Fire Engineer, an Carlsbad Fire complete it either (maintained by the Human employee must be a Department and before or after taking Resources Department). Certified Fire b. have completed all the promotional test. 2. However, if there are fewer Engineer. State Fire Marshal (Note: some of the than three (3) employees on courses required to items in the taskbook the eligibility list, or, at the obtain a 2016 require a 20 16 discretion of the Fire Chief or Driver/Operator Driver/Operator his/her designee, an employee certification (or the certificate or the may be placed in an acting equivalent equivalent Fire Engineer capacity if certification as certification as defmed a. he/she is a Certified defmed by the State by the State Fire Fire Engineer and Fire Marshal). Marshal.) b. he/she has completed the City of Carlsbad Fire Engineer Taskbook. 39 Page 362 REQUIREMENTS TO TASKBOOK REQUIREMENTS TO SERVE REQUIREMENTS BE "CERTIFIED" COMPLETION IN AN "ACTING" CAPACITY TO APPLY FOR A (Taskbooks are PROMOTION AND described in the City TAKE THE of Carlsbad Fire PROMOTIONAL Department TEST Directives) II. FIRE CAPTAIN To be a Certified Fire An employee may 1. To be eligible to serve in a In order to qualify for Captain, an employee start working on the Fire Captain acting capacity, participation in the must City of Carlsbad Fire an employee must be on a promotional process a. have three (3) years Captain Taskbook at current City of Carlsbad Fire for the position of of service in the City any time and may Captain eligibility list Fire Captain, an of Carlsbad Fire complete it either (maintained by the Human employee must be a Department and before or after taking Resources Department). Certified Fire b. have completed all the promotional test. 2. However, ifthere are fewer Captain. State Fire Marshal (Note: some ofthe than three (3) employees on courses required to items in the taskbook the eligibility list, or, at the obtain a 2016 may require discretion of the Fire Chief or Company Officer certificates and/or his/her designee, an employee certification (or the have prerequisite may be placed in an acting equivalent requirements.) Fire Captain capacity if certification as a. he/she is a Certified defined by the State Fire Captain and Fire Marshal) and b. he/she has completed c. be a Certified Fire the City of Carlsbad Engineer and Fire Captain d. have completed the Taskbook. City of Carlsbad Fire Engineer Taskbook. (Note: this step (d) is not required if an employee was a Carlsbad Fire Engineer prior to 711/17.) 40 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. Date Approved as to form: LIA BREWER, Ctty Attorney Date RS' ASSOCIATION, INC. 41 Page 364 Attachment B CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. BIWEEKLY SALARY SCHEDULE Effective January 1, 2017 RANGE STEP 1 STEP2 STEP 3 STEP4 STEP 5 RANGE 35 $2,370.21 $2,488.75 $2,613.20 $2,743.81 $2,881.04 35 36 $2,397.30 $2,517.18 $2,643.04 $2,775.19 $2,913.95 36 37 $2,636.55 $2,768.38 $2,906.78 $3,052.14 $3,204.75 37 41 $2,748.18 $2,885.59 $3,029.88 $3,181.37 $3,340.43 41 42 $2,808.23 $2,948.65 $3,096.08 $3,250.88 $3,413.44 42 43 $2,803.15 $2,943.30 $3,090.49 $3,244.98 $3,407.25 43 45 $3,289.01 $3,453.46 $3,626.15 $3,807.44 $3,997.81 45 49 $3,617.96 $3,798.82 $3,988.78 $4,188.16 $4,397.59 49 CLASSIFICATION RANGE FIREFIGHTER 35 FIRE PREVENTION SPECIALIST I 36 FIRE PREVENTION SPECIALIST II 37 PARAMEDIC FIREFIGHTER 41 FIRE ENGINEER 42 DEPUTY FIRE MARSHAL 43 ASSISTANT FIRE MARSHAL 45 FIRE CAPTAIN 45 CAPTAIN SPECIALIST 49 Page 365 CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. BIWEEKLY SALARY SCHEDULE Effective January 1, 2018 RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 35 $2,417.62 $2,538.52 $2,665.45 $2,798.69 $2,938.67 35 36 $2,445.25 $2,567.53 $2,695.90 $2,830.70 $2,972.23 36 37 $2,689.28 $2,823.75 $2,964.92 $3,113.18 $3,268.85 37 41 $2,803.14 $2,943.30 $3,090.48 $3,245.00 $3,407.24 41 42 $2,900.90 $3,045.95 $3,198.25 $3,358.15 $3,526.07 42 43 $2,859.22 $3,002.17 $3,152.30 $3,309.87 $3,475.39 43 45 $3,397.55 $3,567.42 $3,745.81 $3,933.08 $4,129.73 45 49 $3,737.35 $3,924.18 $4,120.42 $4,326.37 $4,542.71 49 CLASSIFICATION RANGE FIREFIGHTER 35 FIRE PREVENTION SPECIALIST I 36 FIRE PREVENTION SPECIALIST II 37 PARAMEDIC FIREFIGHTER 41 FIRE ENGINEER 42 DEPUTY FIRE MARSHAL 43 ASSISTANT FIRE MARSHAL 45 FIRE CAPTAIN 45 CAPTAIN SPECIALIST 49 Page 366 CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. BIWEEKLY SALARY SCHEDULE Effective January 1, 2019 RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 35 $2,465.97 $2,589.29 $2,718.77 $2,854.67 $2,997.44 35 36 $2,494.15 $2,618.88 $2,749.82 $2,887.31 $3,031.68 36 37 $2,743.06 $2,880.22 $3,024.22 $3,175.45 $3,334.22 37 41 $2,859.20 $3,002.17 $3,152.30 $3,309.90 $3,475.38 41 42 $2,958.92 $3,106.87 $3,262.21 $3,425.32 $3,596.60 42 43 $2,916.40 $3,062.21 $3,215.34 $3,376.07 $3,544.90 43 45 $3,465.50 $3,638.77 $3,820.72 $4,011.74 $4,212.33 45 49 $3,812.10 $4,002.66 $4,202.82 $4,412.90 $4,633.57 49 CLASSIFICATION RANGE FIREFIGHTER 35 FIRE PREVENTION SPECIALIST I 36 FIRE PREVENTION SPECIALIST II 37 PARAMEDIC FIREFIGHTER 41 FIRE ENGINEER 42 DEPUTY FIRE MARSHAL 43 ASSISTANT FIRE MARSHAL 45 FIRE CAPTAIN 45 CAPTAIN SPECIALIST 49 Page 367 JOB TITLE: DEPARTMENT: BASIC FUNCTION: CITY OF CARLSBAD CLASS SPECIFICATION FIREFIGHTER FIRE Attachment C Under supervision, to fight fires and to participate in fire prevention activities in protecting life and property; to operate and maintain fire fighting and rescue equipment, and fire stations; and to do related work as assigned. KEY RESPONSIBILITIES: Serve as hose operator if fire fighting situations including pulling working lines, manning the nozzle to direct the stream of water on the fire, placing, raising, lowering, and climbing ladders, and assisting in overhaul and salvage operations. Respond to rescue calls and administer first aid. Clean and inspect equipment, perform lubrication, make adjustments and repairs to equipment, and maintain fuel and oil supply. Clean and test fire hoses. Routine inspection and maintenance of fire hydrants. Operate radio-telephone equipment. Study Fire Department rules and regulations, fire hazards, fire fighting techniques and related subjects. Conduct fire prevention inspection and education programs. Participate in fire drills and training exercises. Respond to fire calls during non-duty hours. Participate in continuous training in fire prevention, inspection and suppression through both simulated and on-the-job-exercises. May be assigned as a paramedic if properly trained, certified and appointed to perform such duties by the Fire Chief. Page 368 Firefighter, Page 2 of2 Serve as Acting Fire Engineer or Acting Captain as assigned for emergency relief purposes. QUALIFICATIONS: Knowledge of: Rules, regulations, and operational procedures of the Fire Department. Ability to: Demonstrate physical endurance, agility and strength sufficient to meet the established standards ofthe City. Demonstrate a high degree of mechanical aptitude. Learn fire fighting methods and techniques, the operation of fire fighting equipment, street location and physical layout of the City, and major traffic and fire hazards. Think and act quickly in emergencies. Understand and follow oral and written directions promptly and accurately. Deal courteously and effectively with the general public. Establish and maintain cooperative relationships with those contacted in the course of work. EXPERIENCE AND EDUCATION: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. SPECIAL REQUIREMENTS: Within one year from date of hire, employee must possess and maintain a valid Class B California drivers license, to include a water tank and air brake endorsement. Must possess and maintain current certification as an Emergency Medical Technician I in the State of California. DATE APPROVED: 6/13/2017 Page 369 CITY OF CARLSBAD CLASS SPECIFICATION JOB TITLE: PARAMEDIC/FIREFIGHTER DEPARTMENT: FIRE BASIC FUNCTION: Under supervision, provides basic and advanced life support services to ill or injured persons in accordance with the policies established by the Department of Emergency Medical Services of San Diego County; fights fires and participates in fire prevention activities for the protection of life and property; operates and maintains vehicles, apparatus, equipment, stations and communication systems; teaches fire safety to the public; and performs other duties as required. DISTINGUISHING CHARACTERISTICS: This is an entry level into the professional fire service series. The paramedic/firefighter is a uniformed member of the public safety/fire suppression/EMS division of the department. This position supports dual responsibilities as a paramedic and as a firefighter and is utilized in both types of assignments as needed. KEY RESPONSIBILITIES: Responds to medical emergencies; Conducts or assists in the extrication of trapped persons; Performs primary and secondary physical assessment of ill or injured persons; Performs cardiopulmonary resuscitation; Maintains an effective airway for patients with compromised breathing; Immobilizes injured limbs and spinal vertebra where injury is suspected; Controls bleeding of external injuries; Assists with emergency childbirth; Provides emotional support to distressed persons; Administers oxygen to support respiratory functions; Page 370 Paramedic/Firefighter Page 2 Utilizes adjunctive ventilation devices, such as endotracheal tubes; Applies and utilize pneumatic anti-shock garments; Analyzes electrocardiograms and recognizes cardiac arrhythmias; Administers medications by intravenous, intramuscular or topical means; Performs electrical defibrillation; Operates radio-telephone equipment and communicates medical information to base hospital medical personnel and others; Serves as a preceptor for paramedic and emergency medical technician trainees; Compiles necessary reports and records; drives an ambulance vehicle; Responds to and performs skilled tasks at the scenes of emergency calls including: fire, medical assistance, rescues, hazards identification, hazardous materials identification and spills, public assistance and service; Safely drives and operates vehicles, apparatus and equipment; Teaches fire safety, CPR and other classes and participates in public education demonstrations and activities; Conducts inspections and school exit drills; Writes reports and maintains records; maintains, inspects, and repairs fire stations and fire grounds, emergency and support vehicles, apparatus, equipment, fire hydrants, radios, and alarm systems; Participates in department physical fitness program; Performs emergency medical procedures; Participates in proficiency training to develop and maintain emergency skills; Uses computers in performing required duties, performs other related duties as assigned. QUALIFICATIONS: Knowledge of: Basic and advance life support principles and procedures; Paramedic/Firefighter Page 2 of5 Page 371 San Diego County Emergency Medical System (EMS) regulations, protocols and procedures; Carlsbad Fire Department operations, such as rescue, firefighting, radio communications, Incident Command System (ICS), fire protection equipment and systems, fire behavior, hazardous materials and water systems; Federal, state, and local laws, regulations and standards; Maintenance and repair of vehicles, apparatus, equipment and fire hydrants; Local geographical response factors; Correct English grammar, spelling, punctuation; Basic mathematics, chemistry, and physics of fire behavior and hazardous materials; Safety practices and procedures; Personal computer operating systems and software applications; Requirements and standards as defined in the National Fire Protection Association (NFP A) Standard 1002 preferred. Ability to: React quickly and calmly to fight fires and perform emergency medical techniques and procedures; Perform rescues; Operate, maintain, inspect and repair vehicles, apparatus, equipment, communication systems and fire hydrants; Clean and maintain fire station and grounds; Conduct fire inspections and school exit drills; Teach classes and participate in public education demonstrations and activities; Write comprehensive reports and maintain accurate records; Relate effectively to those contacted in the course of work; Learn local conditions, locations and regulations; Page 372 Paramedic/Firefighter Page 4 Operate computers, understand and follow oral and written directions promptly and accurately. EDUCATION AND EXPERIENCE: A typical way to obtain the required knowledge and abilities would be any combination equivalent to the education and experience that could likely provide the required knowledge and abilities would be qualifying. REQUIRED CERTIFICATION AND LICENSE: Licensed as an Emergency Medical Technician-Paramedic (EMT-P) with the State of California and current EMT-P accreditation with the County of San Diego EMS office. Firefighter I certification. Within one year from date of hire, employee must possess appropriate, valid California class B Firefighter Driver's License, to include a water tank and air brake endorsement/or Class C California Drivers License with Firefighter Endorsement, and when required, a valid Medical Examiner's Card must be maintained. SPECIAL REQUIREMENTS: As a condition of continued employment, the Paramedic/Firefighter must maintain current license as an EMT-P with the State of California and current EMT-P accreditation with the County of San Diego EMS office. PHYSICAL CHARACTERISTICS: Meet the requirements specified in the National Fire Protection Association (NFPA) 1001 Standard for entry level Firefighters. OTHER CHARACTERISTICS: Must have willingness and ability to: work variable shifts and overtime as required; attend meetings and training activities, both on and off duty; work under hazardous, life- threatening conditions, such as, at heights, in confined spaces, at temperature extremes, around crowds, with loud noises, with limited visibility, in the presence of hazardous materials, in the presence of victims of death and/or dismemberment; work effectively as a team member of a company, battalion, department, special project group by following orders, consistently following through with duties/assignments and living harmoniously with co-workers; wear approved uniform. ' DATE APPROVED: 6/13/2017 Paramedic/Firefighter Page 4 of5 Page 373 JOB TITLE: DEPARTMENT: BASIC FUNCTION: CITY OF CARLSBAD CLASS SPECIFICATION FIRE ENGINEER FIRE Under supervision, to operate and maintain fire trucks, fire fighting and response equipment, and fire stations; to participate in fire prevention activities in protecting life and property; and to do related work as assigned. KEY RESPONSIBLITIES: Drive and operate fire equipment. Maintain fire apparatus and other emergency vehicles. Respond to incidents and select the most direct route to the fire. Lay hose lines, operate fire fighting and rescue equipment as required. Man nozzles to direct stream of water on fire. Assist in overhaul and salvage operations. Respond to rescue calls and administer first aid. Operate radio-telephone equipment. Inspect equipment, perform lubrication, make mmor adjustments and repairs, and maintain fuel and oil supply. Wash and test fire hoses. Clean station quarters and equipment and maintain a clean and orderly condition in and about the fire house. Study Fire Department rules and regulations, fire hazards and fire fighting techniques. Participate in fire drills and training exercises. Conduct fire prevention inspection and education programs. Page 374 Fire Engineer Page 2 Prepare reports with respect to equipment maintenance and work operations. Instruct fire personnel in the operation and maintenance of fire equipment. Respond to fire calls during non-duty hours. Serve as Acting Fire Captain as assigned. Routine inspection and maintenance of fire hydrants. QUALIFICATIONS: Knowledge of: Street system, the physical layout of the City and the location of fire hydrants, mains and their fire flow capabilities. Fire fighting methods and techniques. Operating and mechanical principles involved in the operation and maintenance of fire apparatus and equipment. Fire hydrants. Fire aid and CPR. Rules, regulations and operational procedures of the Fire Department. Ability to: Establish and maintain cooperative relationships with those contacted m the course of work. Understand and follow oral and written instructions quickly and correctly. Operate fire equipment and apparatus. Maintain fire equipment and apparatus. Think and act quickly in emergencies. Understand and follow oral and written directions promptly and accurately. Write clear, concise and accurate reports. Perform field calculations in hydraulics for proper and safe operations at emergency scenes. Page 375 Fire Engineer Page 3 EXPERIENCE AND EDUCATION: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Two years of municipal fire fighting experience. Education: High school diploma or equivalent. Completion of college level courses or their equivalent in Fire Science in compliance with departmental policies. SPECIAL REQUIREMENT: Possession and maintenance of a valid Firefighter Non-Commercial Class B California Drivers License, to include a water tank and air brake endorsement/or Class C California Drivers License with Firefighter Endorsement. Possession and maintenance of a California Emergency Medical Technician -Certificate. Physical Characteristics: Meet the requirements specified in the National Fire Protection Association (NFP A) 1 00 1 Standard for entry level Firefighters. DATE APPROVED: 6/13/2017 Page 376 CITY OF CARLSBAD CLASS SPECIFICATION JOB TITLE: FIRE CAPTAIN DEPARTMENT: FIRE DEPARTMENT BASIC FUNCTION: Under direction, to perform management, supervisory and technical work in fire fighting, emergency rescue, fire inspection, fire prevention, and fire training activities; and to do related work as assigned. KEY RESPONSIBILITIES: Plan and execute work assignments of fire prevention, fire suppression and rescue personnel in an assigned company. Respond to fire alarms as commanding officer, and as such is responsible for the fire supervision and performance and safety of assigned fire fighting personnel. Direct fire fighting, rescue and emergency medical operations until relieved by a superior officer. Operate radio-telephone equipment. Supervise and participate in salvage and overhaul operations. Supervise and assist in rendering first aid in an emergency incident. Supervise the assignments and work of emergency medical technicians and paramedics on an assigned shift basis. Direct the cleaning of quarters, equipment and apparatus at fire station. Inspect personnel and maintain discip 1 in e. Instruct personnel in the proper use of safety precautions; assure adherence to established safety standards in daily operations involving personnel and equipment. Instruct and drill fire department personnel in fire prevention and fire fighting methods, techniques, and related subjects. Supervise and participate in the inspection of buildings and installations for fire hazards and fire safety systems as required by State laws and City ordinances. Assist in planning and conducting the City wide fire prevention program and education program. Assume administrative responsibilities involving the department's budgeting, purchasing, equipment maintenance, and personnel functions. Prepare reports and maintain records. Page 377 Fire Captain Page 2 May be required to respond to fire calls during non-duty hours. May serve as a paramedic team coordinator and supervisor if properly trained, certified and appointed to such duties by the Fire Chief. May be assigned a variety of special assignments involving emergency medical operations, fire prevention, department communications and others. Supervise, train, and evaluate subordinates. Serve as Acting Battalion Fire Chief -as assigned. QUALIFICATIONS: Knowledge of: Principles, practices, and procedures of modern fire fighting, fire prevention practices, and protection of lives and property. Rules, regulations, and operational procedures of the Fire Department. Operation and maintenance of the type of apparatus and equipment used in modern fire fighting activities. First aid and CPR. Principles of supervision, training, and performance evaluation. Mechanical, chemical and related characteristics of a wide variety of flammable and explosive materials and objects. Local geography including the location of main and hydrants, GPM (gallons per minute) per capacity, and the major fire hazards of the City. Demonstrate Ability to: Communicate clearly and concisely, orally and in writing. Conduct thorough fact finding inspection and investigation. Operate apparatus and equipment used in modern fire fighting activities. Establish and maintain cooperative relationships with those contacted in the course of work. Supervise, train, and evaluate assigned staff. Think and act quickly in emergencies. Page 378 Fire Captain Page 3 EXPERIENCE AND EDUCATION: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Three years of municipal fire fighting experience. Education: High school diploma or equivalent, supplemented by the equivalent of 60 units college course work which can be credited toward a major in Fire Science. SPECIAL REQUIREMENTS: Possession and maintenance of a valid Firefighter Non-Commercial Class B California driver's license, to include a water tank and air brake endorsement/or Class C California Drivers License with Firefighter Endorsement. Possession and maintenance of a California Emergency Medical Technician-Certificate. Instructor Training No. 1 and No. 2 or equivalent. DATE APPROVED: 6/13/2017