HomeMy WebLinkAbout1979-10-02; City Council; 5927-1; CFA MOU - Res 5851 amend---*..--- DATE: October 2, 1979
DEPARTMENT : -- Per sonne 1 -
Initial:
Dept . Hd.
C. Atty.
C. Mgr.
_I_-- Subject : AMENDMENT TO RESOLUTION NO. 5851, CARLSBAD FIREFIGHTERS'
ASSOCIATION MOU --
Stttement of the Mat?:er. --.-. 1 - .-
Amendment to the Memorandum of Understanding between the City
and the Carlsbad Firefighters' Association, Inc. The MOU adopted by the City Council with Resolution No. 5851, July 23, 1979,
by mutual agreement is to be changed. contained in the Memorandum was an agreement between the City and
the association concerning Fire Department employees working out of classification. The omission of this article from the
Memorandum was an administrative oversight. Additionally the language of Article 7 has been changed to be comparable with that of the Police Officers' Association MOU. A resolution with the accompanying articles is attached hereto for City Council considera-
tion.
In addition to the articles
Exhibit
. Resolution No. 5754 amending Resolution No. 5851.
Recommendation
It is recommended that the City Council adopt Resolution No.C9,Ca_, amendina the Memorandum of Understandinq by adding Article 6A,
WorkingaOut of Classification and changes Article- 7, DisTosition
' of Accumulated Sick Leave contained as an exhibit to the attached
resolution.
Council Action:
1.0-2-79 Council adopted Resolution 5952, amending the Memorandum of Understanding between the City and the Carlsbad Firefighters' Association, Inc. by the addition of Article 6A, Working out of Classification and Changes to Article 7.
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RESOLUTION NO. - 5952
A RESOLUTION OF TISE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA AMENDING
THE MEMORqNDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE CARLSBAD FIREFIGHTERS'
ASSOCIATION, INC. BY THE ADDITION OF
ARTICLE GA, WORKING OUT OF CLASSIFICATION
AND CHANGES TO ARTICLE 7.
WHEREAS, the, City Council previously adopted a resolution
approving the Memorandum of Understanding between the City and
the Carlsbad Firefighters' Association, Inc.; and
WHEREAS, it has been mutually agreed that the Memorandum of
Understanding should be amended;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the language contained in Article 6A and Article 7,
attached hereto and made a part hereof is hereby adopted as an
addition and a change to the Memorandum of Understanding adopted
by Resolution No. 5851 on July 23, 1979.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of 'Carlsbad, California on the 2nd day
of October , 1979, by the following.vote, to wit:
AYES: Councilmen Packard, Lewis, Anear and
NOES: None
ABSENT: Councilman Skotnicki
Councilwoman Casler
RONALD C. PACKARD, Mayor ATTEST:
( SEAL)
e , ARTICLE 6A. OUT OF RATE COMPENSATION
Theaparties agree to recommend the City Council authorize out of
classification compensation of a minimum of five percent (5%) '
above a member's existing salary for each occasion the member is
employed out of classification; such compensation to commence
following the first four hours of employment out of classification.
Assignment of employees to out of classification service will be
at the sole discretion of the Fire Chief.
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AZTSCLE 7. DISPOSITION OF ACCUMULATED SICK LEAVE
Parties agree to recommend to the City Council that as of June 30,
1979, the provisions of Section 8, Rule XI, Personnel Rules and Regulations, Resignations, provj-ding for sick leave payoff, shall
not apply to represented employees, and agree that the rule shall be amended to so provide.
Parties agree to recommend to the City Council that as of June 30,
1979, Rule X, Attendance and Leaves, Section 6, be amended to
be governed by the laws of the state of California with respect
to job incurred illness or injuries and shall not receive any
of the other benefits described in Section 6.
. recite that safety employees in the Fire Department shall only
Parties further agree that the changes quoted below be added to the City of Carlsbad Personnel Rules and Regulations in place of the last sentence of Section 5, Rule X,
"Sick leave shall not be taken as vacation time, nor
compensated in cash at any time.
Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for
any job related illness, injury or other occurrenc,e which
entitles the employee to benefits under a4850 of the Labor
Code (hereinafter '4850 benefits'). The City Manager may
authorize use of sick leave after 4850 benefits are
exhausted for job related illness or injury if he determines that:
1. The injury is not permanent and stationary.
2. The use of sick leave will not extend the effective date of the employee's retirement.
3. The employee is physically unable to work and there
is a reasonable probability he/she may return to work.
If the City determines that a local safety member should be retired for disability, such' retirement may become
effective, notwithstanding the fact that his/her sick leave has not expired."
In consideration of the above agreement parties recommend to the
City Council that the City pay each employee, subject to the provisions df this Memorandum, who as.of June 30, 1979, meets the service requirements as stated in Section 8, Rule XI, quoted above,
a cash settlement for accrued sick leave greater than the amount of
30-24 hour shifts. Such cash settlement to be computed on the basis of one shift of accrued sick leave being equal to 24 hours. Those employees with more than ten but less than 15 years of service shall be compensated at a rate of 17.5% of total accumulated hours greater than 30-24 hour shifts. Those employees with 15 or more
years of service shall be compensated for.35% of their total accumulated hours greater than 30-24 hour shifts. Eligibility for
such cash settlement to be based upon approval of both parties of
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a- list of eligible employees provided by the City, showing by name
* . the eligible employees and their accrued sick leave, total accrued
sick leave stated in hours and their hourly rate of pay of
June 30, 1979, exclusive of any Educational Incentive Program
salary supplement. CFA by the City for possible challefige or amendment within five working days. ' If after five working days no challenges are received
and/or all amendments are completed the list shall be considered
correct by both parties and agreement indicated by recording
signatures of the authorized agents of both parties to said list.
Payment shall be further contingent upon receipt of a signed and dated request from each eligible employee, stating the total number
of accrued sick leave hours greater than 30-24 hour shifts of accrued sick leave that the eligible employee desires to be compen- sated for. Such requests to be received not later than August 1,
1979 by the Personnel Director, City of Carlsbad, and to contain a
statement of understanding that any portion .of accrued sick leave greater than 30-24 hour shifts for which cash settlement is not
reqcested will continue as an accrual butfor which cash settlement may not be requested after August 1, 1979. Payments of cash settle-
ments shall be made in a lump sum or in installments with the manner and time of such payments to be determined by the City Manager, but
in no case will payment be completed later than July 1, 1982.
Parties further agree that on and after July 1, 1979, sick leave
shall be accrued at a rate of 12.6 hours per month for 63 hour
work week employees or 8 hours per month for 40 hour work week
employees.
Parties further agree to recommend to the City Council that on or after July 1, 1982, the City proceed in a timely manner to amend
its existing contract with the Public Employees' Retirement System
of the State of California. The purpose and intent of the contract
amendments will be to provide any remaining accrued sick leave at
the time of retirement from City service will be converted to
retirement service credits at a ratio of.each twenty-five (25) days
of accrued sick leave being equal to one (1) month of retirement
service. ..
Such list to he distributed to the members of