HomeMy WebLinkAboutCarlsbad Firefighters' Association; 2002-01-24;EXHIBIT 4
SIDE-LETTER AMENDING CFA MOU
ARTICLE 15 - FLEXIBLE BENEFITS PROGRAM
WHEREAS, the Carlsbad Firefighters’ Association, Inc. and representatives of the City of
Carlsbad (“City”) met and conferred and reached agreement on a Memorandum of Understanding
(MOU) for the period from January 1,2002 to December 31,2006.
WHEREAS, representatives of the City and the CFA have reached agreement on the following
amendments to the current MOU.
THE CFA AND THE CITY OF CARLSBAD DO HEREBY AGREE THAT:
Article 15 is amended to read as follows:
ARTICLE 15. FLEXIBLE BENEFITS PROGRAM
A. Employees represented by the CFA, Inc. will participate in a flexible benefits
program which includes medical insurance, dental insurance, vision insurance,
flexible spending accounts (FSAs) and other insurance-related products offered
through the CFA, Inc. Each of these components is outlined below.
Medical Insurance
Al. 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 22825 of the PEMHCA for
medical insurance through the California Public Employees’ Retirement System
(C alPERS ).
All active members of the association must enroll in one of the health plans
offered through CalPERS. Within one pay period following City Council
approval of this Memorandum, 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 CalPERS
health program, 2) contributions in the name of the employee to the City’s
flexible spending accountts), 3) contribution of some or all of the premium for
dental coverage or vision coverage being paid by the employee through the CFA:
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(a) For employees with “employee only” coverage, the City shall contribute
two hundred sixty-four dollars ($264) per month. If the actual total
premiums exceed the aggregate of sixteen dollars ($16) and two hundred
sixty-four dollars ($264), the employee will pay the difference.
(b) For employees with “employee plus one dependent” coverage, the City
shall contribute four hundred thirty-eight dollars ($438) per month. If
the actual total premiums exceed the aggregate of sixteen dollars ($16)
and four hundred thirty-eight dollars ($438), the employee will pay the
difference.
(c) For employees with “employee plus two or more dependents” coverage,
the City shall contribute five hundred fifty-eight dollars ($558) per
month. If the actual total premiums exceed the aggregate of sixteen
dollars ($16) and five hundred fifty-eight dollars ($558), the employee
will pay the difference.
Effective the pay period inclusive of January 1,2003:
(d) For employees with “employee only” coverage, the City shall contribute
two hundred ninety-four dollars ($294) per month. If the actual total
premiums exceed the aggregate of sixteen dollars ($16) and two hundred
ninety-four dollars ($294), the employee will pay the difference.
(e) For employees with “employee plus one dependent” coverage, the City
shall contribute four hundred sixty-eight dollars ($468) per month. If
the actual total premiums exceed the aggregate of sixteen dollars ($16)
and four hundred sixty-eight dollars ($468), the employee will pay the
difference.
(f) For employees with “employee plus two or more dependents” coverage,
the City shall contribute five hundred eighty-eight dollars ($588) per
month. If the actual total premiums exceed the aggregate of sixteen
dollars ($16) and five hundred eighty-eight dollars ($588), the employee
will pay the difference.
B. The dollar amount paid by the City for each coverage level (employee only,
employee plus one dependent, employee plus two or more dependents) will be
increased on January 1 in 2004,2005 and 2006. The amount of the increase will
be determined by 1) taking the average percentage increase for all of the CalPERS
HMO Health plans for which CFA-represented employees are eligible January 1st
of the year in question and 2) adding this percentage increase to the previous
calendar year’s monthly City contribution for each coverage level, (rounded to the
nearest whole dollar amount) to determine the new monthly City contribution
dollar amount.
Under no circumstances will any unused Benefits Credits as outlined above be
paid to the employee in cash. If the amount contributed by the City (Benefits
Credits) exceeds the cost of the medical insurance purchased by the employee, the
employee will have the option of using any “excess credits” to purchase dental
insurance, vision insurance or any other insurances provided by the CFA, Inc., or
to contribute to a healthcare or dependent care flexible spending account (FSA).
C. Dental Insurance
Represented employees are eligible to enroll in the City sponsored dental plan.
Vision Insurance
Represented employees are eligible to enroll in the City sponsored vision
insurance plan.
D. 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 22825 of the PEMHCA toward the cost of each retiree’s enrollment in the
CalPERS Health Program. Direct authorization may be established for automatic
deduction of payments for health insurance administered by CalPERS.
IN WITNESS WHEREOF, the parties hereto understand and agree to the above terms
and conditions and have caused their duly authorized representatives to execute this side
letter on December 1,2003.
CITY OF CARLSBAD
CARLSBAD FIREFIGHTERS’
ASSOCIATION, INC.
Fjr6 Captain Michhd%avis
City Manager -resident
APPROVED AS TO FORM:
City Attorney
/-/V-L*
Attorney
EXHIBIT 3, RESOLUTION NO. 2002 -0 30
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 24th day of
Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carlsbad
Firefighters’ Association, Inc. (hereinafter referred to as “CFA, Inc.”).
JANUARY ,2002, by and between designated management representatives of the City of
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
“Memorandum”) to promote and provide for harmonious relations, cooperation, and
understanding between the City management representatives and the local safety fire employees
covered under this Memorandum; to provide an orderly and equitable means of resolving any
misunderstandings or differences which may arise under this Memorandum; and to set forth the
agreement of the parties reached as a result of good faith negotiations regarding wages, hours,
and other terms and condltions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CFA, Inc. as the majority representative for all classifications in
this Unit, as set forth in 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 CFA, 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 hrther 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 1,2002, through December 3 1,2006.
As of January 1,2002, the terms of this Memorandum will supersede the provisions of the prior
Memorandum approved by Resolution No. 2000-3 17 adopted by the City Council of the City of
Carlsbad on October 17,2000.
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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 approximately one
hundred twenty (120) days prior to expiration of the Memorandum. Not more than thirty (30)
days following such notice the parties shall meet. At such meeting, the parties will decide on a
date for the mutual exchange of the issues each wishes to address during the meet and confer
process. Such exchange shall occur not more than thirty (30) days after such meeting.
ARTICLE 5. RETENTION OF BENEFITS
The employees represented by CFA, Inc., shall retain all present benefits for the term of this
agreement, as amended by this Memorandum, 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, as matters which fall within the scope
of representation, before taking any action impacting employees within the
bargaining unit. . Management Rights:
The City’s decisions regarding staffing levels, station closures, layoffs,
reorganization, 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 of the City include, but are not limited to the exclusive right to determine the mission
of its constituent departments, commissions, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means, and personnel by which government operations are to be conducted; determine the
content ofjob classifications; take all necessary actions to cany out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
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ARTICLE 7. NO STRIKE AND NO LOCKOUT
A.
B.
C.
D.
E.
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.
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.
No Lockout. During the term of this Agreement, the City will not instigate a lockout
over a dispute with the employees so long as there is no breach of Section 7.A.
Association Official Responsibility. Each employee who is an officer of CFA, 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.
Non-discrimination Clause. Neither City nor CFA, 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 CFA, Inc. activity or because of the
exercise of any right provided to the employees by this Memorandum.
ARTICLE 8. COMPENSATION ADJUSTMENTS
Effective the pay period inclusive of January 1,2002, all represented classifications shall receive
a three percent (3%) increase in salary.
Effective the pay period inclusive of January 1,2003, all represented classifications shall receive
a three and one-quarter percent (3.25%) increase in salary.
Effective the pay period inclusive of January 1,2004, all represented classifications shall receive
a four percent (4%) increase in salary.
Effective the pay period inclusive of January 1,2005, all represented classifications shall receive
a four and one-quarter percent (4.25%) increase in salary.
Effective the pay period inclusive of January 1,2006, all represented classifications shall receive
a four and one-quarter percent (4.25%) increase in salary.
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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 of bereavement leave, however, is limited to three consecutive
days which may or may not include a scheduled shifi(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 Chief or hisiher designee and charged to accrued vacation or treated as
leave without pay.
The “immediate family” shall be defined as: spouse, child, parent, sibling, grandparents
(whether natural, legally adopted, step, or in-law) or any person over which the employee
acts as legal guardian, or a verifiable current member of the immediate household.
The employee may be required to submit proof of the family member’s death before being
granted paid leave.
ARTICLE 10. LONG-TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long-term disability
insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment
eligibility. In all other respects, said insurance shall continue unchanged.
ARTICLE 11. ANNUAL VACATION LEAVE
A. Basis of Accrual
The City and CFA, Inc., agree to continue the following annual vacation leave schedule for
all employees working a 112 hourdpay period schedule:
1 through 5 full calendar years of continuous service - 128 hours
6 through 10 full calendar years of continuous service - 192 hours
10 through 11 full calendar years of continuous service - 205 hours
11 through 12 full calendar years of continuous service - 218 hours
12 through 13 full calendar years of continuous service - 231 hours
13 through 15 full calendar years of continuous service - 244 hours
16 and over full calendar years of continuous service - 256 hours
The City and CFA, Inc., agree to continue the following annual vacation leave schedule for
all employees working an 80 hours/pay period schedule:
1 through 5 full calendar years ofcontinuous service - 80 hours
6 through 10 full calendar years of continuous service - 120 hours
10 through 11 full calendar years of continuous service - 128 hours
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11 through 12 full calendar years of continuous service - 136 hours
12 through 13 full calendar yearsofcontinuous service - 144 hours
13 through 15 full calendaryearsofcontinuous service - 152 hours
16 and over full calendar years of continuous service - 160 hours
B. Vacation Accrual
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.
Effective December 1 1,2000, no employee working a 112 hourdpay 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. Effective
December 11,2000, no employee working an 80 hourslpay period schedule will be
allowed to earn and accrue vacation hours in excess of the three hundred and twenty
(320) hour maximum.
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, heishe 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 January, during a pay period to be determined by the City Manager or his/her
designee, all employees working a 1 12 hours/pay period schedule shall be allowed to
voluntarily convert up to one hundred twelve (1 12) hours of accrued vacation to cash,
provided that they have used at least one hundred twelve (1 12) hours of vacation during
the prior calendar year, as defined by the twenty-six (26) pay periods in that calendar
year.
Each January, during a pay period to be determined by the City Manager or hisher
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, as defined
by the twenty-six (26) pay periods in that calendar year.
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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 of Vacation Leave
An employee’s accumulation of vacation leave will cease after the completion of two (2)
full scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accrual will be reinstituted beginning the first day of the
first full pay period after the employee has returned to work.
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 hisiher 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 hindher on regular pay
status.
G. Scheduling Vacations
An employee may take hisher annual vacation leave at any time during the year,
contingent upon determination by hisiher 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. An employee shall normally provide forty-eight
(48) hours notice in advance of the day(s) hehhe is requesting vacation time off. 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.
H. Terminal Vacation Pay
An employee with regular status separating &om the City service who has accrued
vacation leave shall be entitled to terminal pay in lieu of such vacation. No leave credit
will be earned on terminal leave payments. 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 hourdpay period schedule shall be entitled to accrue sick leave at a
rate of 149 hours per year.
All other employees shall be entitled to accrue sick leave at a rate of 96 hours per year.
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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 hourdpay 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
A. Employees represented by the CFA, Inc. will participate in a flexible benefits program
which includes medical insurance, dental insurance, vision insurance, flexible spending
accounts (FSAs) and other insurance-related products offered through the CFA, Inc.
Each of these components is outlined below.
Medical Insurance
Al. During the term of this agreement, represented employees will be covered by the Public
Employees’ Medical and Hospital Care Act 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 sum of sixteen dollars ($16) per month for medical insurance through the
California Public Employees’ Retirement System (CalPERS). This amount is mandatory
regardless of whether the employee chooses to be covered by a medical insurance plan.
All active members of the association must enroll in one of the health plans offered
through CalPERS. Within one pay period following City Council approval of this
Memorandum, 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 CalPERS health program, 2) contributions in the name
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of the employee to the City’s flexible spending account(s), 3) contribution of some or all
of the premium for dental coverage or vision coverage being paid by the employee
through the CFA:
(a) For employees with “employee only” coverage, the City shall contribute two
hundred sixty-four dollars ($264) per month. If the actual total premiums
exceed the aggregate of sixteen dollars ($16) and two hundred sixty-four
dollars ($264), the employee will pay the difference.
(b) For employees with “employee plus one dependent” coverage, the City shall
contribute four hundred thirty-eight dollars ($438) per month. If the actual
total premiums exceed the aggregate of sixteen dollars ($16) and four
hundred thirty-eight dollars ($438), the employee will pay the difference.
(c) For employees with “employee plus two or more dependents” coverage, the
City shall contribute five hundred fifty-eight dollars ($558) per month. If
the actual total premiums exceed the aggregate of sixteen dollars ($16) and
five hundred fifty-eight dollars ($558), the employee will pay the difference.
Effective the pay period inclusive of January 1,2003:
For employees with “employee only” coverage, the City shall contribute two
hundred ninety-four dollars ($294) per month. If the actual total premiums
exceed the aggregate of sixteen dollars ($16) and two hundred ninety-four
dollars ($294), the employee will pay the difference.
For employees with “employee plus one dependent” coverage, the City shall
contribute four hundred sixty-eight dollars ($468) per month. If the actual
total premiums exceed the aggregate of sixteen dollars ($16) and four
hundred sixty-eight dollars ($468), the employee will pay the difference.
For employees with “employee plus two or more dependents” coverage, the
City shall contribute five hundred eighty-eight dollars ($588) per month. If
the actual total premiums exceed the aggregate of sixteen dollars ($16) and
five hundred eighty-eight dollars ($588), the employee will pay the
difference.
B. The dollar amount paid by the City for each coverage level (employee only, employee
plus one dependent, employee plus two or more dependents) will be increased on January
1 in 2004,2005 and 2006. The amount of the increase will be determined by 1) taking
the average percentage increase for all of the CalF’ERS HMO Health plans for which
CFA-represented employees are eligible January 1st of the year in question and 2) adding
this percentage increase to the previous calendar year’s monthly City contribution for
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each coverage level (rounded to the nearest whole dollar amount) to determine the new
monthly City contribution dollar amount.
Under no circumstances will any unused Benefits Credits as outlined above be paid to the
employee in cash. If the amount contributed by the City (Benefits Credits) exceeds the
cost of the medical insurance purchased by the employee, the employee will have the
option of using any “excess credits” to purchase dental insurance, vision insurance or any
other insurances provided by the CFA, Inc., or to contribute to a healthcare or dependent
care flexible spending account (FSA).
C. Dental Insurance
Represented employees are eligible to enroll in the City sponsored dental plan.
Vision Insurance
Represented employees are eligible to enroll in the City sponsored vision insurance plan
D. 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 f?om 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 at the time of separation from employment and their effective
date of retirement is within 120 days of separation. The City will contribute up to a
maximum of sixteen dollars ($16.00) per month toward the cost of each retiree’s
enrollment in the CalPERS Health Program. Direct authorization may be established for
automatic deduction of payments for health insurance administered by CalPERS.
ARTICLE 16. COMMUNICATIONS
The parties agree to continue meeting at least once each month during the term of this agreement
for the purpose of continuing communications on subjects of mutual concern.
ARTICLE 17. HOLIDAYS
The City shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department:
New Year’s Day Columbus Day
Martin Luther King Jr. Birthday Veteran’s Day
Lincoln’s Birthday Thanksgiving
Washington’s Birthday Thanksgiving Friday
Memorial Day Christmas Day
Independence Day One (1) Floating Holiday
Labor Day
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Employees working a 112 hours/pay period schedule shall be compensated for eight (8) hours of
holiday work at a rate of time and one half during the pay period in which the holiday occurs.
The floating holiday will be compensated during the pay period inclusive of April 15.
Employees working a 80 hours/pay period schedule will observe the scheduled paid holidays
listed above, and will be allowed to use the floating holiday at the discretion of the employee
upon prior approval of the Department Head.
ARTICLE 18. RETIREMENT BENEFITS
18.1 The City agrees to continue to pay the employer’s contribution rate required by the
California Public Employees’ Retirement System (CalPERS) to maintain the level
of benefits for employees covered by thm Memorandum.
18.2
18.3
18.4
18. 5
The City will contract with CalPERS to provide the “3% @ 50” retirement benefit
for all local fire employees effective the pay period inclusive of January 1,2004.
The City will begin reporting the value of Employer Paid Member Contributions
(EPMC) as additional compensation to CalPERS for all local fire employees as
soon as administratively possible following City Council approval of this
agreement.
The City will continue to pay one hundred percent (100%) of the employee’s nine
percent (9%) contributions to CalPERS until the pay period inclusive of January 1,
2004.
Effective the pay period inclusive of January 1,2004, the City will pay on behalf of
all local fire employees eight percent (8%) of the employee’s retirement
contribution to CalPERS. Effective the pay period inclusive of January 1,2004,
each local fire employee will pay the additional one percent (1%) employee
retirement contribution to CalPERS. This one percent (1%) employee retirement
contribution will be deducted from each employee’s salary on a pre-tax basis by
implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
ARTICLE 19. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT
The City agrees to provide the Fourth Level of the 1959 Survivors’ Benefit.
ARTICLE 20. COMPENSATORY TIME
Employees shall be entitled to bank compensatory time in lieu of receiving overtime pay. For
each hour of overtime worked, the employee will be entitled to 1.5 hours of compensatory time.
Compensatory time is subject to the following conditions:
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A. EMPLOYEES WORKING A 112 HOWAY PERIOD SCHEDULE:
1. Compensatory time shall be kept in an individual account for each employee.
Accounts may be cashed out, at the employee’s option, at the pay period falling
on or directly following July 1 st of each calendar year. This cash out will occur if
the employee has provided written notice to the City by June 15th of their intent
to cash out. In any event, all accounts shall be cashed out on December 1st of
each calendar year.
2. Compensatory time may not be used for leave time.
3. If an employee’s sick leave balance drops below 100 hours, they are entitled to
convert up to 9 shifts worth of banked compensatory time (on an hour for hour
ratio) to sick leave, up to a maximum sick leave balance of 216 hours.
B. EMPLOYEES WORKING AN 80 HOURSPAY PERIOD SCHEDULE:
1. Overtime
Any employee required to perform in excess of 40 hours in a 7 day cycle and/or in
excess of an employee’s normal work day shall receive compensation at the rate
of time and one-half hisiher regular rate of pay. The regular rate of pay shall
include the following components in addition to base salary:
1) Bilingual Pay
In determining an employee’s eligibility for overtime, paid leaves shall be
included in the total hours worked. Excluded from the total hours worked are
duty free lunches, travel time to and from work, and time spent conducting bona
fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any
workday or workweek on which premium rates have once been allowed shall not
be used again in any other overtime calculation other than computing total actual
hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Compensatory Time
In lieu ofreceiving overtime pay pursuant to Section 1 above, an employee may
elect, subject to department approval, to receive compensatory time off on a time
and one-half basis. No employee shall accrue more than 80 hours of such
compensatory time. Should any employee exceed 80 hours of accrued
compensatory time, hehhe shall be paid at time and one-half hisiher regular rate.
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An employee may use such compensatory time within a reasonable period after
making the request if the use of compensatory time does not unduly disrupt the
operations of the department.
On December 1 of each year, an employee may elect to “cash out” any portion of
hisher accrued compensatory time at hisher regular rate of pay. Notice shall be
provided to the Human Resources Department no later than November 15 of the
employee’s election to “cash out” a portion of hisher accrued compensatory time.
This “cash out” shall be paid during the first pay period in December.
ARTICLE 21. FLEXIBLE WORK SCHEDULES FOR DEPUTY FIRE MARSHAL
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 dayshours to be worked on a daily
basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts.
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 for the Deputy Fire Marshal. The result of that
meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by
which the parties will control implementation of the 9/80 schedule. It is agreed that the 9/80
schedule will be implemented on a trial basis for a minimum period of nine (9) months and that
an evaluation will be conducted to determine whether the 9/80 will be adopted. This article shall
not be subject to the grievance procedure.
ARTICLE 22. 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 modifjmg the provisions of this MOU.
ARTICLE 23. 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 modifymg the provisions of this MOU.
ARTICLE 24. DISCIPLINE OF AN EMPLOYEE
24.1 The City may discipline a regular employee for just cause. In the case of disciplinary
action involving suspension, demotion or discharge, the employee shall be given notice
of the action to be taken, the evidence or materials upon which the action is based, and an
12
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 action. The
above process will occur prior to the imposition of the discipline.
24.2 Except as provided in Section 24.3, an employee has the right to appeal discipline
according to the appeal procedure as set out below. Written notice of discipline shall
inform and remind the disciplined employee of this right.
24.3 A probationary employee (entry level or promotional) rejected during the probationary
period shall not be entitled to appeal such rejection to the Personnel Board.
24.4 Right of Appeal. Within seven (7) calendar days of receipt of the notice of discipline, a
regular employee shall have the right to appeal to the Personnel Board disciplinary action,
except in instances where the right of appeal is specifically prohibited by the Personnel
Ordinance or Personnel Rules, or this Article.
24.5 Method of Appeal. Appeals shall be in writing, signed by the employee, and filed with
the Human Resources Director, who shall, within ten (10) calendar days after receipt of
the appeal, inform each Personnel Board member of the action desired by the employee
and the reasons why. The formality of a legal pleading is not required.
24.6 e. Upon the filing of an appeal, the Human Resources Director will set a date for
the hearing on the appeal not less than ten (10) calendar days nor more than thirty (30)
calendar days from the date of filing, unless the parties mutually agree to a later hearing
date. The Human Resources Director will notify all interested parties of the date, time,
and place of the hearing.
24.7 Hearings. Unless physically unable to do so, the employee must appear personally before
the Personnel Board at the time and place of the hearing. The employee may be
represented at the hearing by any person or attorney the employee selects and may
produce any relevant oral or documentary evidence. The City will state its case first and,
at the conclusion, employee may then present evidence. Rebuttal evidence not repetitive
may be allowed in the discretion of the Personnel Board. Cross-examination of witnesses
will be permitted. The conduct and decorum of the hearing will be under the control of
the Personnel Board by its chairman, with due regard to the rights and privileges of the
parties appearing before it. Hearings need not be conducted according to technical rules
relating to evidence and witnesses. Hearings will be closed unless at least four (4)
business days prior to the hearing the employee, in writing, requests an open hearing. If
either party disagrees with the Personnel Board’s recommendation, that party may appeal
within ten (10) calendar days to the City Manager.
24.8 Findings and Recommendations. The Personnel Board will, within ten (10) calendar
days after the conclusion of the hearing, certify its findings and decisions in writing to the
City Manager and to the employee. The City Manager will review the findings and
recommendations of the Personnel Board and may then affirm, revoke or modify the
13
action taken as, in the City Manager’s judgment, seems warranted, and the action taken
will be final. Any member of the Personnel Board may submit a minority or
supplemental finding and recommendation.
ARTICLE 25. GRIEVANCE PROCEDURE
25.1 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.
25.2 Reviewable and Non-Reviewable Grievances
25.3
25.2.1 To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred.
(b) Result &om an act or omission by management regarding
working conditions or other matters contained in this
Agreement over which the Fire Chief has control.
(c) Anse 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.
25.2.2 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.
Special Grievance Procedure Provisions: The following special provisions apply to
the grievance procedure.
14
25.3.1
25.3.2
25.3.3
25.3.4
25.3.5
25.3.6
25.3.7
25.3.8
25.3.9
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 hew 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 oE
(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.
15
25.4
25.3.10 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.
25.3.1 1 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.
Grievance Procedure Steps: The following procedure shall be followed by an
employee submitting a grievance for consideration and action.
25.4.1 Discussion With Supervisor: The employee shall discuss the gnevance
with the employee’s immediate supervisor informally. Within seven
(7) calendar days, the supervisor shall give a decision to the employee
verbally.
25.4.2 -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.
25.4.3 m: 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
grievance.
25.4.4 Step: If the employee and Fire Chief cannot reach an agreement as
to the solution of the grievance, the employee within seven (7)
calendar days may present the grievance in writing to the Personnel
Board. A copy of the grievance shall also be presented to the Assistant
City Manager who may conduct a meeting with the grievant andor
CFA representative to identify and clarify disputed issues and attempt
16
to resolve the grievance prior to presentation of the grievance to the
Personnel Board.
25.4.5 m: If the matter is not otherwise resolved, the Personnel Board
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.
25.4.6 Any of the above steps may be waived by mutual agreement of the
parties.
ARTICLE 26. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work
environment kee fkom the effects of drugs and alcohol consistent with the directives
of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical
laboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration
(SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA
certification. This policy is intended to accomplish that objective.
A. Definitions - As Used in This Policy:
1. “Drug” means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited
to, prescription medications, heroin, cocaine, morphine and its
derivatives, P.C.P., methadone, barbiturates, amphetamines,
methamphetamines, alcohol, marijuana, and other cannabinoids.
2. “Workplace” means any site where City-assigned work is performed,
including City premises, City vehicles or other premises or vehicles,
while City-assigned work is being conducted, or within a reasonable
time thereafter.
3. “Reasonable 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.
17
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 kom the disciplinary
consequences of the conduct upon which a criminal conviction is
based); and
d. abide by all terms of this policy.
2. Employees are encouraged to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-counter
medications), which may interfere with safe or effective performance
of their duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment
are relevant to City employment may result in disciplinary action up to
and including termination if there is relevant nexus between such off-
duty involvement and the employee’s employment with the City,
consistent with the legal requirements for disciplinary due process.
C. Employer Searches
For the purpose of enforcing this policy and maintaining a drug-free
workplace, the City reserves the right to search, with or without prior
notice to the employee, all work areas and property in which the City
maintains full or joint control with the employee, including but not limited
to City vehicles, desks, lockers, file cabinets, and bookshelves. These
areas remain part of the workplace context even if the employee has
placed personal items in them. Employees are cautioned against storing
18
II.
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.
Employer searches shall occur when there is a determination of
“reasonable suspicion” as defined herein. Such searches shall be
conducted by persons having supervisory and/or other legal authority to
conduct such searches. Searches will not normally occur without
concurrence of more than one supervisor. Nothing herein shall prevent
the City from taking appropriate action if there is an inadvertent discovery
of evidence of drug or alcohol use.
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.
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
19 d3
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.
b.
C.
d.
e.
f.
g.
slurred speech.
alcohol odor on breath,
unsteady walking or movement not related to prior injury or
disability;
an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
attributable possession of alcohol or drugs;
information obtained from a reliable person with personal
knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or
drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by City management or by law
enforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug
which could impair an employee’s ability to effectively and safely
perform the functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
20
III.
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.
EMPLOYEE ASSISTANCE PROGRAM
A. The City has a well-established voluntary Employee Assistance Program
(EM) to assist employees who seek help for substance abuse problems.
The EAF' is available for assessment, referral to treatment, and follow-up.
Any employee of the City wishing confidential assistance for a possible
alcohol or drug problem can call the EAP office and arrange for an
appointment with a counselor. The EAP program is provided by
Blue Cross of California and can be reached by calling l(800) 999-7222.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAF'.
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 27. 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) 434-2852, except where a particular City representative is specifically
designated in connection with the performance of a specific function or obligation set
forth herein.
B. CFA, Inc., principal authorized agent shall be its President or duly authorized
representative. Address: Carlsbad Safety Center, 2560 Orion Way, Carlsbad, California
92008-7280; Telephone: (760) 931-2127.
ARTICLE 28. 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
21
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 CFA, Inc., indicating the proposed change prior to its implementation.
If CFA, Inc., wishes to consult or negotiate with the City regarding the matter, CFA, Inc.,
shall notify the City within five (5) working days from the receipt of such notice. Upon
receipt of such notice, the parties shall meet promptly in an earnest effort to reach a
mutually satisfactory resolution of any problem arising as a result of the change instituted
by the City.
Where the City makes such changes because of the requirements of the law, the City shall
not be required to negotiate the matter of compliance with any such law.
Nothing herein shall limit the authority of the City to make such changes required during
emergencies. However, the City shall notify CFA, 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 CFA, Inc. to request consultation or negotiations pursuant to Paragraph B shall
not be deemed as approval of any action taken by the City.
D. Except as specifically provided in this Memorandum, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right and agrees that the other
shall not be required to negotiate with respect to any other matters within the scope of
negotiations during the term of this Memorandum.
E. Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless
made and executed in writing by all parties hereto, and if required, approved and
implemented by the City Council.
F. The waiver of any breach, term, or condition of this Memorandum by either party shall
not constitute a precedent in the future enforcement of all its terms and provisions.
22
ARTICLE 29. 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.
23
CITY OF CARLSBAD
Approved as to form:
I
CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC.
Approved as to form:
24
ATTACHMENT A
CARLSBAD FIRE DEPARTMENT
BIWEEKLY SALARY SCHEDULE
January 1,2002
RANGE STEP A STEP B STEP C STEP D STEP E
35
39
$1,633.23 $1,714.89 $1.80064 $1,890.66 $1,985.20
$1,857.15 $1,950.02 $2,047.52 $2,149.89 $2,257.38
40
$1,893.66 $1,988.34 $2,087.76 $2,192.15 $2,301.75 41
$1.846.20 $1,938.51 $2,035.44 $2,137.22 $2,244.07
45
$2.392.28 $231 1.88 $2,637.48 $2,769.35 $2,907.82 49
$2,174.79 $2,28353 $2,397.70 $2,517.59 $2,643.46
CLASSIFICATION RANGE
FIREFIGHTER 35
FIRE ENGINEER 39
DEPUTY FIRE MARSHAL 40
PARAMEDIC FIREFIGHTER 41
FIRE CAPTAIN 45
CAPTAIN SPECIALIST 49
RANGE
35
39
40
41
45
49
33