HomeMy WebLinkAbout1997-03-04; City Council; 14068; MEMORANDUM OF UNDERSTANDING WITH CARLSBAD FIREFIGHTERS' ASSOCIATIONr
FIREFIGHTERS’ ASSOCIATION MTG. 3-4-97
DEPT. HR/FIRE
Adopt Resolution No. 97-79 approving a Memorandum of Understanding with the
Carlsbad Firefighters’ Association.
ITEM EXPLANATION
Representatives of the City and the Carlsbad Firefighters’ Association, Inc. (CFA) have met and
conferred in good faith and have reached an agreement regarding wages, hours, and other terms
and conditions of employment for fire employees. The term of the Memorandum of
Understanding with CFA shall be from January 1,1997, through December 3 1,1998, and
includes the following:
0 The MOU specifies that all CFA represented employees will receive a two percent (2%)
salary increase effective January 1, 1997. This increase will be retroactive to the pay period
inclusive of January 1, 1997.
Effective the pay period inclusive of July 1, 1997, all represented employees will receive a
two percent (2%) salary increase. Effective the pay period inclusive of December 1, 1997, all
fire captains will receive a three percent (3%) salary increase and all fire engineers will
receive a two percent (2%) increase.
During the second year of the contract, all represented classifications shall receive a two
percent (2%) salary increase effective the pay period inclusive of January 1, 1998, and an
additional two percent (2%) salary increase effective the pay period inclusive of July 1, 1998.
Health insurance rates will be held constant for the duration of this contract for employees
covered by Kaiser or Reliastar health insurance plans. Sharp Health Plan will also be offered
as an additional health insurance carrier option as of January 1,1997. Employees may be
required to pay more than the current contribution levels after January 1, 1999.
The City agrees to amend the PERS contract to provide the Fourth Level of the 1959
Survivors’ Benefit as soon as possible during the term of this contract.
Agreement on the City’s Alcohol and Drug Policy and inclusion of that policy in the MOU.
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FISCAL IMPACT:
For FY 1996/97, the increased cost to the City for the January 1,1997 salary adjustment is
estimated at $40,000. Funds will be transferred from the Council’s General Fund Contingency
Account to cover this expense. An additional $1 80,000 will be needed in FY 97/98, and an
additional $145,000 in FY 98/99, to cover the salary adjustments in the second year of the
contract. These increases will be included in the 1997/98 and 1998/99 Operating Budgets.
The 1959 Survivors’ Benefit increase will be funded through the use of reserves held by PERS.
No additional funding is required from the City.
The total cost of this salary and benefits package to the City will be approximately $370,000 for
the 1997 and 1998 calendar years.
EXHIBITS :
1. Resolution No. 77- 7y
2. Exhibit A: Memorandum of Understanding between the
City of Carlsbad and the Carlsbad Firefighters’ Association.
Exhibit B: Carlsbad Fire Department Salary Schedule. 3.
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RESOLUTION NO. 97-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN
REPRESENTATIVES OF MANAGEMENT AND THE
CARLSBAD FIREFIGHTERSy ASSOCIATION, INC.
WHEREAS, representatives of management and the Carlsbad Firefighters’
Association, Inc. have met and conferred in good faith pursuant to the Meyers-Millias-
Brown Act regarding wages and other terms and conditions of employment from
November 1996 to February 1997; 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 a Memorandum of Understanding, marked
Exhibit A and incorporated by reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
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That the above recitations are true and correct.
That an estimated $40,000 in funds will be transferred from the Council’s
General Fund Contingency Account to cover the expense of a 2% salary adjustment
retroactive to the pay period inclusive of January 1, 1997.
3. That the cost of the 1959 Survivor’s Benefit program at the Fourth Level
will be funded from reserves held by PERS.
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4. That the Memorandum of Understanding between the Carlsbad
Firefighters’ Association, Inc., and representatives of management is hereby accepted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 4th day of March , 1997; by the following vote, to
wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
ATTEST:
OP_&L. R
ALETm L. MUTENmZ, CiVQ
(SEAL)
0 e
MEMORANDUM OF UNDERSTANDING
between the
and the
Carlsbad Firefighters' Association, Inc.
City of Carlsbad I
'
Effective January 1,1997, through December 31,1998
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC.
Term: January 1,1997 - December 31,1998
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 2
Article 5 Retention of Benefits Page 2
Article 6 City Rights Page 2
Article 7 No Strike and No Lockout Page 3
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 Linen Provision, Maintenance, and Replacement Page 4
Article 13 Health Insurance Page 4
Article 14 Communications Page 5
Article 15 Holidays Page 5
Article 16 Provision of 1959 PERS Survivors’ Benefit Page 6
Article 17 Compensatory Time Page 6
Article 18 Flexible Work Schedule for Fire Prevention
Officers Page 7
Article 19 Americans With Disabilities Act Page 7
Article 20 Family Leave Act Page 7
Article 21 Alcohol and Drug Policy Page 8
Article 22 Sick Leave Accrual Page 12
Article 23 Authorized Agents Page 12
Article 24 Full Understanding, Modification, Waiver Page 12
Article 25 Provisions of Law Page 14
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EXHIBIT A, RESOLUTION NO.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this day of
Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carlsbad
Firefighters’ Association, Inc. (hereinafter referred to as CFA, Inc., “employees”).
, 1997, by and between designated management representatives of the City of
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
“Memorandum”) to promote and provide for harmonious relations, cooperation, and
understanding between the City management representatives and the local safety fire employees
covered under this Memorandum; to provide an orderly and equitable means of resolving any
misunderstandings or differences which may arise under this Memorandum; and to set forth the
agreement of the parties reached as a result of good faith negotiations regarding wages, hours,
and other terms and conditions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CFA, Inc., as the majority representative for all classifications
in this Unit, as set forth in Attachment A of the Petition for Recognition, submitted January 28,
1976, in accordance with the provisions of Section 2.43.090 (1) of the Carlsbad Municipal Code.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City
Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed
that the City will act in a timely manner to make the changes in City ordinances, resolutions,
rules, policies, and procedures necessary to implement this Memorandum.
ARTICLE 3. TERM
The term of this Memorandum of Understanding shall be from January 1,1997, through
December 3 1, 1998.
As of January 1, 1997, the terms of this Memorandum of Understanding will supersede the
provisions of the prior Memorandum of Understanding approved by Resolution No. 95-56
adopted by the City Council of the City of Carlsbad on March 7,1995.
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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 of Understanding, that party shall serve upon the other a notice of such intent
approximately one hundred twenty (1 20) days prior to expiration of the Memorandum of
Understanding. Not more than thirty (30) days following such notice the parties shall meet. At
such meeting, the parties will decide on a date for the mutual exchange of the issues each wishes
(30) days after such meeting.
ARTICLE 5. RETENTION OF BENEFITS
The employees represented by CFA, Inc., shall retain all present benefits for the term of this
agreement, as amended by this Memorandum, with the exception of the following subjects which
the City may elect to utilize to address fiscal difficulties it faces now or in the future:
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.
to address during the meet and confer process. Such exchange shall occur not more than thirty
Management Rights:
The City’s decisions regarding staffing levels, station closures, layoffs,
reorganization, and furlqughs which the City may elect to utilize to address fiscal
difficulties it faces now or in the future, are management rights. Nevertheless, the
City agrees to give advance notice and the opportunity to discuss these subjects
before taking any action impacting employees within the bargaining unit.
ARTICLE 6. CITY RIGHTS
The rights of the City include, but are not limited to the exclusive right to determine the mission
of its constituent departments, commissions, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means, and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
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ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. No Strike. During the life of this Agreement, neither the employees nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any
other intentional disruption of the operations of the City, regardless of the reason for so
doing.
Penalty. Any employee engaging in activity prohibited by Article 7.A., ,or who instigates
or gives leadership to such activity, shall be subject to disciplinary action.
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 holds the position of officer of
the Employee Association occupies a position of special trust and responsibility in
maintaining and bringing about compliance with the provisions of this Article, the
employees agree to inform its members of their obligations under this Agreement and to
direct them to return to work.
B.
C.
D.
ARTICLE 8. COMPENSATION ADJUSTMENTS
First Year of Contract:
Effective the pay period inclusive of January 1, 1997, all represented classifications shall receive
a 2% increase in salary.
Effective the pay period inclusive of July 1, 1997, all represented classifications shall receive a
2% increase in salary.
Effective the pay period inclusive of December 1, 1997, the Fire Engineer classifications shall
receive an additional 2% increase in salary and the Fire Captain classifications shall receive an
additional 3% increase in salary.
Second Year of Contract:
Effective the pay period inclusive of January 1, 1998, all represented classifications shall receive
a 2% increase in salary.
Effective the pay period inclusive of July 1, 1998, all represented classifications shall receive a
2% increase in salary.
ARTICLE 9. BEREAVEMENT LEAVE
An employee may use up to two shifts (48 hours) of paid leave if required to be absent from duty
due to the death of a member of the employee’s immediate family. The usage of bereavement
leave, however, is limited to three consecutive days which may or may not include a scheduled
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shift(s). Additional time off may be authorized by the department head and charged to accrued
vacation or treated as leave without pay.
The “immediate family” shall be defined as: spouse, child, parent, sibling, grandparents;
the aforementioned either natural, step or in-law, or any person over which the employee
acts as legal guardian, or a verifiable current member of the immediate household.
The employee may be required to submit proof of relative’s death before being granted paid
leave.
ARTICLE 10. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability
insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment
eligibility. In all other respects, said insurance shall continue unchanged.
ARTICLE 1 1. ANNUAL VACATION LEAVE
The City and CFA, Inc., agree to continue the following annual vacation leave schedule:
1 through 5 full calendar years of continuous service - 128 hours
6 through 10 full calendar years of continuous service - 192 hours
IO through 1 1 full calendar years of continuous service - 205 hours
1 1 through 12 full calendar years of continuous service - 2 18 hours
12 through 13 full calendar years of continuous service - 23 1 hours
13 through 15 full calendar years of continuous service - 244 hours
16 and over full calendar years pf continuous service - 256 hours
ARTICLE 12. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT
The City agrees to provide one set of bed linen and two towels per person for all shift personnel.
To assist in maintenance, all fire stations will be equipped with washing machines and dryers;
shift personnel will be responsible for maintaining their own linens and towels.
The City agrees to replace linens and towels on an “as needed” basis, with a maximum
replacement of once per calendar year.
ARTICLE 13. HEALTH INSURANCE
For employees covered by Kaiser or Reliastar health insurance plans, health insurance
contributions will remain unchanged for calendar years 1997 and 1998. Employees may elect
Sharp Health Plan as an additional health insurance carrier option as of January 1, 1997.
Employees will make the following health insurance contributions during calendar year 1997 and
calendar year 1998:
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Monthly
Employee Contribution
Categow Reliastar Kaiser Sham
Employee Only 37.00 27.42 27.42
Employee + 1 Dep. 87.06 54.82 54.82
Employee w/2 Dep. 114.56 77.62 77.62
Dental coverage: The rates quoted above include dental insurance coverage administered by
Reliastar for employees in all medical plans.
Vision care coverage: For employees enrolled in the Reliastar medical plan, the rates quoted
above include vision care coverage (including exams, fiames, and lenses) administered by Vision
Service Plan. Employees enrolled in Kaiser or Sharp medical plans are covered for vision exams
only through their chosen medical plan.
Wellness benefit: A separate wellness benefit is provided for employees enrolled in the Reliastar
medical plan. This benefit provides that up to $250 of eligible wellness expenses will be
reimbursed per calendar year. Employees enrolled in Kaiser or Sharp medical plans are covered
for most preventive care expenses as part of their chosen medical plan.
ARTICLE 14. COMMUNICATIONS
The parties agree to continue meeting at least once each month during the term of this agreement
for the purpose of continuing communications on subjects of mutual concern.
ARTICLE 15. 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 Colhbus Day
L i nco In’s Birthday Veteran’s Day
Washington’ s Birthday Thanksgiving
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day One (1) Floating Holiday
Employees working a 56 hour work week shall be compensated for eight (8) hours of holiday
work at a rate of time and one half during the pay period in which the holiday occurs. The
floating holiday will be compensated during the pay period inclusive of April 15.
Employees working a 40 hour work week will observe the scheduled paid holidays listed above,
and will be allowed to use the floating holiday at the discretion of the employee upon prior
approval of the Department Head.
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ARTICLE 16. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT
The City agrees to amend its contract with PERS to provide the Fourth Level of the 1959
Survivors’ Benefit as soon as possible during the term of this contract.
ARTICLE 17. COMPENSATORY TIME
Employees shall be entitled to bank compensatory time in lieu of receiving overtime pay. For
Compensatory time is subject to the following conditions:
A. 56 HOUR WORK WEEK EMPLOYEES:
1.
each hour of overtime worked, the employee will be entitled to 1.5 hours of compensatory time.
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 1 st of
each calendar year.
Compensatory time may not be used for leave time.
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.
2.
3.
B. 40 HOUR WORK WEEK AND 9/80 WORK WEEK EMPLOYEES:
1. Overtime
Any employee required to perform in excess of 40 hours in a 7 day cycle andor in
excess of an employee’s normal work day shall receive compensation at the rate
of time and one-half hisher regular rate of pay. The regular rate of pay shall
include the following components in addition to base salary:
I) Bilingual Pay
2) Longevity Pay
In determining an employee’s eligibility for overtime, paid leaves shall be
included in the total hours worked. Excluded from the total hours worked are
duty free lunches, travel time to and from work, and time spent conducting bona
fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any
workday or workweek on which premium rates have once been allowed shall not
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be used again in any other overtime calculation other than computing total actual
hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may
elect, subject to department approval, to receive compensatory time off on a time
and one-half basis. No employee shall accrue more than 80 hours of such
compensatory time. Should any employee exceed 80 hours of accrued
compensatory time, he/she shall be paid at time and one-half hisher regular rate.
An employee may use such compensatory time within a reasonable period after
making the request if the use of compensatory time does not unduly disrupt the
operations of the department.
On December 1 of each year, an employee may elect to “cash out” any portion of
hisker accrued compensatory time at hisker 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 18. FLEXIBLE WORK SCHEDULE FOR FIRE PREVENTION OFFICERS
9/80 Alternative Work Schedule:
The parties acknowledge that they met md conferred in good faith over the terms and conditions
for implementation of a 9/80 work schedule for the Fire Prevention Officers. The result of that
meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by
which the parties will control implementation of the 9/80 schedule. It is agreed that the 9/80
schedule will be implemented on a trial basis for a minimum period of nine (9) months and that
an evaluation will be conducted to determine whether the 9/80 will be adopted. This article shall
not be subject to the grievance procedure.
ARTICLE 19. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
ARTICLE 20. FAMILY LEAVE ACT
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
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ARTICLE 21. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work
environment free from the effects of drugs and alcohol consistent with the directives
of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical
laboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration
(SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA
certification. This policy is intended to accomplish that objective.
A. Definitions - As Used in This Policy:
1. “Drug” means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited
to, prescription medications, heroin, cocaine, morphine and its
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.
derivatives, PCP., methadone, barbiturates, amphetamines,
B. Employee Responsibilities
1. As a condition of employment, employees shall:
a. - not engage in the unlawfid 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;
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;
b.
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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
abide by all terms of this policy. d.
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
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.
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.
maintains full or joint control with the employee, including but not limited
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D. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide
by this policy may also be directed or allowed to satisfactorily
participate in an approved alcohol or substance abuse assistance or
rehabilitation program.
11, DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the City's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for City employment.
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.
b.
B.
Prevented from engaging in other work; and
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.
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.
c.
2. Some examples of "reasonable suspicion" as defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
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c. unsteady walking or movement nst related to prior injury or
disability;
d. an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
physical or verbal behaviors that are disruptive, non-responsive,
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.
e. unusual for that employee or otherwise inappropriate to the
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3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by City management or by law
enforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug
which could impair an employee's ability to effectively and safely
perform the functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug
test sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed
necessary by the City.
111. EMPLOYEE ASSISTANCE PROGRAM
A. The City has a well established voluntary Employee Assistance Program
(EAP) to assist employees who seek help for substance abuse problems.
The EAP is available €or 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
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National Resowe Consultants (NRC) and can be reached by calling
Employees who are concerned about their alcohol or drug use are strongly
l(800) 999-7222.
B,
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAP.
Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any City policy.
C.
ARTICLE 22. SICK LEAVE ACCRUAL
All employees working a 56 hour work week shall be entitled to accrue sick leave at a rate of 149
hours per year.
All other employees shall be entitled to accrue sick leave at a rate of 96 hours per year.
ARTICLE 23. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of
Understanding:
A. City’s principal authorized agent shall be the City Manager or a duly authorized
representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (6 19) 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.
CFA, Inc., principal authorized agent shall be its President or duly authorized
representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone: (619) 434-2141.
B.
ARTICLE 24. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is the intent of the parties that this Memorandum of Understanding set forth the full and
entire understanding of matters agreed to upon conclusion of meet and confer sessions
which resulted in this Memorandum. Any other matters not contained herein, which were
addressed during the course of the meet and confer process, resulting from this
Memorandum, are superseded and terminated in their entirety. Any understanding or
agreement, not contained herein, whether formal or informal, which occurred during the
course of meet and confer sessions, resulting in this Memorandum, are terminated or
superseded in their entirety.
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B. It is the intent of the parties that this Memorandum of Understanding be administered in
its entirety in good faith during its full. term.
It is recognized that if during such term it may be necessary for the City to propose
changes in matters within the scope of representation not contained in this agreement, the
City shall notify CFA, Inc., indicating the proposed change prior to its implementation.
If CFA, Inc., wishes to consult or negotiate with the City regarding the matter, CFA, Inc.,
shall notify the City within five (5) working days from the receipt of such notice. Upon
receipt of such notice, the parties shall meet promptly in an earnest effort to reach a
mutually satisfactory resolution of any problem arising as a result of the change instituted
by the City.
Where the City makes such changes because of the requirements of the law, the City shall
not be required to negotiate the matter of compliance with any such law.
Nothing herein shall limit the authority of the City to make such changes required during
emergencies. However, the City shall notify of such changes as soon as practicable.
Such emergency assignments shall not extend beyond the period of emergency.
“Emergency” shall be defined as an unforeseen circumstance requiring immediate
implementation of the change.
Failure by CFA, Inc., to request consultation as negotiations, pursuant to Paragraph B,
shall not be deemed as approval of any action taken by the City.
Except as specifically provided in this Memorandum of Understanding, it is agreed and
understood that each party hereto voluntarily and unqualifiedly waives its right, and
agrees that the other shall not be required, to negotiate with respect to any other matters
within the scope of negotiations, during the term of this Memorandum of Understanding.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
made and executed, in writing by all parties hereto, and if required, approved and
implemented by the City Council.
The waiver of any breach, term, or condition of this Memorandum of Understanding by
either party shall not constitute a precedent in the future enforcement of all its terms and
provisions.
C.
D.
E.
terms or provisions contained herein shall not be binding upon the parties hereto unless
F.
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ARTICLE 25. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and
future applicable federal and state laws, federal and state regulations. If any part or provision of
the Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding shall not
be affected thereby.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of understanding the day, month and year first above written.
CITY OF CARLSBAD
as to form:
&an faB,~
RoN~D R. BALL, City Attorney 3*/6-97.
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
@dLLL ILL ANDERSON, President
Approved as to form:
NER, Toidal, Levine,
/
RANGE
35
39
40
41
45
49
STEP A STEP B STEP C STEP D STEP E RANGE
$1,316 $1,381 $1,449 $1,523 $1,598 35
$1,467 $1,540 $1,617 $1,698 $1,783 39
$1,487 $1,562 $1,639 $1,722 $1,807 40
$1,525 $1,601 $1,681 $1,765 $1,852 41
$1,700 $1,785 $1,874 $1,969 $2,067 45
$1,876 $1,971 $2,069 $2,173 $2,28 1 49
0 t
MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad Firefighters’ Association, Inc.
I
Effective January 1,1997, through December 31,1998
i
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC.
Term: January 1,1997 - December 31,1998
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 2
Article 5 Retention of Benefits Page 2
Article 6 City Rights Page 2
Article 7 No Strike and No Lockout Page 3
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 Linen Provision, Maintenance, and Replacement Page 4
Article 13 Health Insurance Page 4
Article 14 Communications Page 5
Article 15 Holidays Page 5
Article 16 Provision of 1959 PERS Survivors’ Benefit Page 6
Article 17 Compensatory Time Page 6
Article 18 Flexible Work Schedule for Fire Prevention
Article 19 Americans With Disabilities Act Page 7
Article 20 Family Leave Act Page 7
Article 21 Alcohol and Drug Policy Page 8
Article 22 Sick Leave Accrual Page 12
Article 23 Authorized Agents Page 12
Article 24 Full Understanding, Modification, Waiver Page 12
Article 25 Provisions of Law Page 14
Officers Page 7
G
e e
EXHIBIT A, RESOLUTION NO.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this
Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carkbad
Firefighters’ Association, Inc. (hereinafter referred to as CFA, Inc., “employees”).
day of
, 1997, by and between designated management representatives of the City of
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
understanding between the City management representatives and the local safety fire employees
covered under this Memorandum; to provide an orderly and equitable means of resolving any
misunderstandings or differences which may arise under this Memorandum; and to set forth the
agreement of the parties reached as a result of good faith negotiations regarding wages, hours,
and other terms and conditions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CFA, Inc., as the majority representative for all classifications
in this Unit, as set forth in Attachment A of the Petition for Recognition, submitted January 28,
1976, in accordance with the provisions of Section 2.43.090 (1) of the Carlsbad Municipal Code.
“Memorandum”) to promote and provide for harmonious relations, cooperation, and
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City
Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed
that the City will act in a timely manner to make the changes in City ordinances, resolutions,
rules, policies, and procedures necessary to implement this Memorandum.
ARTICLE 3. TERM
The term of this Memorandum of Understanding shall be from January 1, 1997, through
December 3 1, 1998.
As of January 1, 1997, the terms of this Memorandum of Understanding will supersede the
provisions of the prior Memorandum of Understanding approved by Resolution No. 95-56
adopted by the City Council of the City of Carlsbad on March 7, 1995.
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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 of Understanding, that party shall serve upon the other a notice of such intent
approximately one hundred twenty (120) days prior to expiration of the Memorandum of
Understanding. Not more than thirty (30) days following such notice the parties shall meet. At
such meeting, the parties will decide on a date for the mutual exchange of the issues each wishes
to address during the meet and confer process. Such exchange shall occur not more than thirty
(30) days after such meeting,
ARTICLE 5. RETENTION OF BENEFITS
The employees represented by CFA, Inc., shall retain all present benefits for the term of this
agreement, as amended by this Memorandum, with the exception of the following subjects which
the City may elect to utilize to address fiscal difficulties it faces now or in the future:
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.
e Management Rights:
The City’s decisions regarding staffing levels, station closures, layoffs,
reorganization, and furlqughs which the City may elect to utilize to address fiscal
difficulties it faces now or in the future, are management rights. Nevertheless, the
City agrees to give advance notice and the opportunity to discuss these subjects
before taking any action impacting employees within the bargaining unit.
ARTICLE 6. CITY RIGHTS
The rights of the City include, but are not limited to the exclusive right to determine the mission
of its constituent departments, commissions, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means, and personnel by which government operations are to be conducted: determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
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ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. No Strike. During the life of this Agreement, neither the employees nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
other intentional disruption of the operations of the City, regardless of the reason for so
doing.
Penalty. Any employee engaging in activity prohibited by Article 7.A., or who instigates
or gives leadership to such activity, shall be subject to disciplinary action.
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 holds the position of officer of
the Employee Association occupies a position of special trust and responsibility in
maintaining and bringing about compliance with the provisions of this Article, the
employees agree to inform its members of their obligations under this Agreement and to
direct them to return to work.
(including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any
B.
C.
D.
ARTICLE 8. COMPENSATION ADJUSTMENTS
First Year of Contract:
Effective the pay period inclusive of January 1, 1997, all represented classifications shall receive
a 2% increase in salary.
Effective the pay period inclusive of July 1, 1997, all represented classifications shall receive a
2% increase in salary.
Effective the pay period inclusive of December 1, 1997, the Fire Engineer classifications shall
receive an additional 2% increase in salary and the Fire Captain classifications shall receive an
additional 3% increase in salary.
Second Year of Contract:
Effective the pay period inclusive of January 1, 1998, all represented classifications shall receive
a 2% increase in salary.
Effective the pay period inclusive of July 1, 1998, all represented classifications shall receive a
2% increase in salary.
ARTICLE 9. BEREAVEMENT LEAVE
An employee may use up to two shifts (48 hours) of paid leave if required to be absent from duty
due to the death of a member of the employee’s immediate family. The usage of bereavement
leave, however, is limited to three consecutive days which may or may not include a scheduled
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shift(s). Additional time off may be authorized by the department head and charged to accrued
vacation or treated as leave without pay.
The “immediate family” shall be defined as: spouse, child, parent, sibling, grandparents;
the aforementioned either natural, step or in-law, or any person over which the employee
acts as legal guardian, or a verifiable current member of the immediate household.
The employee may be required to submit proof of relative’s death before being granted paid
leave.
ARTICLE 10. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability
insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment
eligibility. In all other respects, said insurance shall continue unchanged.
ARTICLE 1 1. ANNUAL VACATION LEAVE
The City and CFA, Inc., agree to continue the following annual vacation leave schedule:
1 through 5 full calendar years of continuous service - 128 hours
6 through 10 full calendar years of continuous service - 192 hours
10 through 11 full calendar years of continuous service - 205 hours
1 1 through 12 full calendar years of continuous service - 2 18 hours
12 through 13 full calendar years of continuous service - 23 1 hours
13 through 15 full calendar years of continuous service - 244 hours
16 and over full calendar years ,of continuous service - 256 hours
ARTICLE 12. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT
The City agrees to provide one set of bed linen and two towels per person for all shift personnel.
shift personnel will be responsible for maintaining their own linens and towels.
The City agrees to replace linens and towels on an “as needed” basis, with a maximum
replacement of once per calendar year.
ARTICLE 13. HEALTH INSURANCE
For employees covered by Kaiser or Reliastar health insurance plans, health insurance
contributions will remain unchanged for calendar years 1997 and 1998. Employees may elect
Sharp Health Plan as an additional health insurance carrier option as of January 1, 1997.
Employees will make the following heaIth insurance contributions during calendar year 1997 and
calendar year 1998:
To assist in maintenance, all fire stations will be equipped with washing machines and dryers;
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Monthly
Employee Contribution
Category Reliastar Kaiser Sharp
Employee Only 37.00 27.42 27.42
Employee + 1 Dep. 87.06 54.82 54.82
Employee w/2 Dep. 114.56 77.62 77.62
Dental coverage: The rates quoted above include dental insurance coverage administered by
Reliastar for employees in all medical plans.
Vision care coverage: For employees enrolled in the Reliastar medical plan, the rates quoted
above include vision care coverage (including exams, frames, and lenses) administered by Vision
Service Plan. Employees enrolled in Kaiser or Sharp medical plans are covered for vision exams
only through their chosen medical plan.
Wellness benefit: A separate wellness benefit is provided for employees enrolled in the Reliastar
medical plan. This benefit provides that up to $250 of eligible wellness expenses will be
reimbursed per calendar year. Employees enrolled in Kaiser or Sharp medical plans are covered
for most preventive care expenses as part of their chosen medical plan.
ARTICLE 14. COMMUNICATIONS
The parties agree to continue meeting at least once each month during the term of this agreement
for the purpose of continuing communications on subjects of mutual concern.
ARTICLE 15. HOLIDAYS
The City shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department:
New Year’s Day Columbus Day
Lincoln’s Birthday Veteran’s Day
Washington’s Birthday Thanksgiving
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day One (1) Floating Holiday
Employees working a 56 hour work week shall be compensated for eight (8) hours of holiday
work at a rate of time and one half during the pay period in which the holiday occurs. The
floating holiday will be compensated during the pay period inclusive of April 15.
Employees working a 40 hour work week will observe the scheduled paid holidays listed above,
and will be allowed to use the floating holiday at the discretion of the employee upon prior
approval of the Department Head.
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ARTICLE 16. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT
The City agrees to amend its contract with PERS to provide the Fourth Level of the 1959
Survivors’ Benefit as soon as possible during the term of this contract.
ARTICLE 17. COMPENSATORY TIME
Employees shall be entitled to bank compensatory time in lieu of receiving overtime pay. For
each hour of overtime worked, the employee will be entitled to 1.5 hours of compensatory time.
Compensatory time is subject to the following conditions:
A. 56 HOUR WORK WEEK EMPLOYEES:
1. Compensatory time shall be kept in an individual account for each employee.
Accounts may be cashed out, at the employee’s option, at the pay period falling
on or directly following July 1st of each calendar year. This cash out will occur if
the employee has provided written notice to the City by June 15th of their intent
to cash out. In any event, all accounts shall be cashed out on December 1 st of
each calendar year.
Compensatory time may not be used for leave time.
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
2.
3.
ratio) to sick leave, up to a maximum sick leave balance of 21 6 hours.
B. 40 HOUR WORK WEEK AND 9/80 WORK WEEK EMPLOYEES:
1. Overtime
Any employee required to perform in excess of 40 hours in a 7 day cycle andlor in
excess of an employee’s normal work day shall receive compensation at the rate
of time and one-half hisher regular rate of pay. The regular rate of pay shall
include the following components in addition to base salary:
1) Bilingual Pay
2) Longevity Pay
In determining an employee’s eligibility for overtime, paid leaves shall be
included in the total hours worked. Excluded from the total hours worked are
duty free lunches, travel time to and fiom 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
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be used again in any other overtime calculation other than computing total actual
hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may
elect, subject to department approval, to receive compensatory time off on a time
and one-half basis. No employee shall accrue more than 80 hours of such
compensatory time. Should any employee exceed 80 hours of accrued
compensatory time, he/she shall be paid at time and one-half his/her regular rate.
An employee may use such compensatory time within a reasonable period after
making the request if the use of compensatory time does not unduly disrupt the
operations of the department.
On December 1 of each year, an employee may elect to “cash out” any portion of
hisker accrued compensatory time at hisker 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 out7’ a portion of hisher accrued compensatory time.
This “cash out7’ shall be paid during the first pay period in December.
ARTICLE 18. FLEXIBLE WORK SCHEDULE FOR FIRE PREVENTION OFFICERS
9/80 Alternative Work Schedule:
The parties acknowledge that they met gnd conferred in good faith over the terms and conditions
for implementation of a 9/80 work schedule for the Fire Prevention Officers. The result of that
meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by
which the parties will control implementation of the 9/80 schedule. It is agreed that the 9/80
schedule will be implemented on a trial basis for a minimum period of nine (9) months and that
an evaluation will be conducted to determine whether the 9/80 will be adopted. This article shall
not be subject to the grievance procedure.
ARTICLE 19. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
ARTICLE 20. FAMILY LEAVE ACT
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
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ARTICLE 21. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work
environment free from the effects of drugs and alcohol consistent with the directives
of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical
laboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration
(SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA
certification. This policy is intended to accomplish that objective.
A. Definitions - As Used in This Policy:
1. “Drug” means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited
to, prescription medications, heroin, cocaine, morphine and its
derivatives, P.C.P., methadone, barbiturates, amphetamines,
methamphetamines, alcohol, marijuana, and other cannabinoids.
2. “Workplace” means any site where City-assigned work is performed,
including City premises, City vehicles or other premises or vehicles,
while City-assigned work is being conducted, or within a reasonable
time thereafter.
3. “Reasonable 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;
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;
b.
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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
abide by all terms of this policy. d.
2. Employees are encouraged to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-counter
medications), which may interfere with safe or effective performance
of their duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment
are relevant to City employment may result in disciplinary action up to
and including termination if there is relevant nexus between such off-
duty involvement and the employee’s employment with the City,
consistent with the legal requirements for disciplinary due process.
C. Employer Searches
For the purpose of enforcing this policy and maintaining a drug-free
workplace, the City reserves the right to search, with or without prior
notice to the employee, all work areas and property in which the City
maintains full or joint control with the employee, including but not limited
to City vehicles, desks, lockers, file cabinets, and bookshelves. These
areas remain part of the workplace context even if the employee has
placed personal items in them. Employees are cautioned against storing
personal belongings in work areas under full or joint City control since
such work areas may be subject to investigation andor search under this
policy.
Employer searches shall occur when there is a determination of
“reasonable suspicion’’ as defined herein. Such searches shall be
conducted by persons having supervisory and/or other legal authority to
conduct such searches. Searches will not normally occur without
concurrence of more than one supervisor. Nothing herein shall prevent
the City from taking appropriate action if there is an inadvertent discovery
of evidence of drug or alcohol use.
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D. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide
by this policy may also be directed or allowed to satisfactorily
participate in an approved alcohol or substance abuse assistance or
rehabilitation program.
11. DRUG AND ALCOHOL ANALYSIS
A. Pre-emdovment 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.
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:
B.
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.
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.
c.
2. Some examples of "reasonable suspicion" as defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
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c. 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;
d.
e.
f.
g.
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.
6. City agrees to take steps to protect the chain of custody of any drug
test sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed
necessary by the City.
111. EMPLOYEE ASSISTANCE PROGRAM
A. The City has a well established voluntary Employee Assistance Program
(EAP) to assist employees who seek help for substance abuse problems.
The EAP is available for assessment, referral to treatment, and follow-up.
Any employee of the City wishing confidential assistance for a possible
alcohol or drug problem can call the EAP office and arrange for an
appointment with a counselor. The EAP program is provided by
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ARTICLE 22.
hours per year.
ARTICLE 23.
Telephone: (619) 434-2141
ARTICLE 24.
entire understanding
which resulted in this
addressed during the cou
agreed to upon conclusion of meet and confer sessions
dum. Any other matters not contained herein, which were
the meet and confer process, resulting from this
superseded in their entirety.
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B. It is the intent of the parties that this Memorandum of Understanding be administered in
its entirety in good faith during its full term.
It is recognized that if during such term it may be necessary for the City to propose
changes in matters within the scope of representation not contained in this agreement, the
City shall notify CFA, Inc., indicating the proposed change prior to its implementation.
If CFA, Inc., wishes to consult or negotiate with the City regarding the matter, CFA, Inc.,
shall notifl the City within five (5) working days from the receipt of such notice. Upon
receipt of such notice, the parties shall meet promptly in an earnest effort to reach a
mutually satisfactory resolution of any problem arising as a result of the change instituted
by the City.
Where the City makes such changes because of the requirements of the law, the City shall
not be required to negotiate the matter of compliance with any such law.
Nothing herein shall limit the authority of the City to make such changes required during
emergencies. However, the City shall notify of such changes as soon as practicable.
Such emergency assignments shall not extend beyond the period of emergency.
“Emergency” shall be defined as an unforeseen circumstance requiring immediate
implementation of the change.
Failure by CFA, Inc., to request consultation as negotiations, pursuant to Paragraph B,
shall not be deemed as approval of any action taken by the City.
Except as specifically provided in this Memorandum of Understanding, it is agreed and
understood that each party hereto voluntarily and unqualifiedly waives its right, and
agrees that the other shall not be required, to negotiate with respect to any other matters
within the scope of negotiations, during the term of this Memorandum of Understanding.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
made and executed, in writing by all parties hereto, and if required, approved and
implemented by the City Council.
The waiver of any breach, term, or condition of this Memorandum of Understanding by
either party shall not constitute a precedent in the future enforcement of all its terms and
provisions.
C.
D.
E.
terms or provisions contained herein shall not be binding upon the parties hereto unless
F.
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ARTICLE 25. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and
future applicable federal and state laws, federal and state regulations. If any part or provision of
the Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding shall not
be affected thereby.
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IN WITNESS WHEFEOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year first above written.
CITY OF CARLSBAD
RONED R. BALL, City Attorney 30/6--77.
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
@d/L ILL ANDERSON, President
Approved as to form:
1, Levine,
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35
39
40
41
45
49
STEP A STEP B STEP C STEP D STEP E RANGE
$1,316 $1,381 $1,449 $1,523 $1,598 35
$1,467 $1,540 $1,617 $1,698 $1,783 39
$1,487 $1,562 $1,639 $1,722 $1,807 40
$1,525 $1,601 $1,681 $1,765 $1,852 41
$1,700 $1,785 $1,874 $1,969 $2,067 45
$1,876 $1,971 $2,069 $2,173 $2,281 49