HomeMy WebLinkAbout2000-10-17; City Council; 15928; Memorandum Of Understanding With CFA. Clr” OF CARLSBAD -
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I DEPT. HR
APPROVAL OF A MEMORANDUM OF UNDERSTANDING
WITH THE CARLSBAD FIREFIGHTERS’ ASSOCIATION
(CFA) AND APPROPRLATION THEREFOR
I RECOMMENDED ACTION:
Adopt Resolution No Am-31’7 approving a Memorandum of Understanding with the
Carlsbad Firefighters’ Association (CFA) and making an appropriation therefor.
ITEM EXPLANATION:
Representatives of the City and the Carlsbad Firefighters’ Association (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 (MOU) with CFA shall be from January 1,2000,
through December 3 1,2001, and includes the following:
The MOU specifies that all CFA represented employees will receive a four
percent (4%) salary increase effective April 1,200O. This increase will be
retroactive to the pay period inclusive of April 1,200O.
Per the MOU, represented employees will receive a four percent (4%) salary
increase effective the pay period inclusive of January 1,200l.
The MOU also specifies that the City’s contribution to employee health insurance
under the CalPERS Health Program will increase by $40 per month in the first
year of the contract. This increase will take effect within one pay period
following City Council adoption of this agreement. In addition, the City’s
contribution to employee health insurance will increase by an additional $40 per
month effective the pay period inclusive of January 1,200l.
Language has been added to formalize the current agreement concerning bilingual
pay for employees who are proficient in the Spanish language.
The parties have reached agreement on a new vacation provision which 1)
increases the current vacation accrual maximums, 2) provides for an annual
vacation “cash out,” and 3) provides for a one-time vacation payout for employees
whose vacation hours exceed the new vacation accrual maximums.
FISCAL IMPACT:
The projected cost for the salary adjustment is estimated at $330,000 for fiscal year
2000/2001. Funds will be transferred from the Council Contingency to cover this salary
increase. Funding for the 2001/2002 fiscal year will be included in the 2001/2002 budget
process.
The total additional cost to the City for health insurance contributions is estimated at
$40,900 for fiscal year 2000/2001. Funds will be transferred from the Council
Contingency to cover the health insurance increases for CFA employees. Funding for the
2001/2002 fiscal year will be included in the 2001/2002 budget process.
The cost associated with paying the affected employees for vacation hours accrued over
the maximum is approximately $13,500. The majority of this amount was expensed in
prior fiscal years in anticipation of resolving this issue.
There is no fiscal impact associated with implementing the vacation conversion option
for CFA represented employees. The City will pay employees for accrued vacation
whether it is taken as paid vacation or converted to cash under this provision.
EXHIBITS:
/?Jq 1. Resolution No. $!fl adopting the Memorandum of Understanding between the
City of Carlsbad and the Carlsbad Firefighters’ Association.
2. Memorandum of Understanding between the City of Carlsbad and the Carlsbad
Firefighters’ Association (with its Attachment A - Classification and Salary
Range Schedule for CFA Represented Employees.)
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RESOLUTION NO. 2000-317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN REPRESENTATIVES OF
MANAGEMENT AND THE CARLSBAD FIREFIGHTERS’
ASSOCIATION AND MAKING AN APPROPRIATION THEREFOR.
WHEREAS, representatives of management and the Carlsbad Firefighters’
Association (CFA) have met and conferred in good faith pursuant to the Meyers-Millias-
Brown Act regarding wages and other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to
submit to the City Council for consideration and approval; and
WHEREAS, the City Council has determined it’to be in the public interest to
accept such an agreement in the form of a Memorandum of Understanding, marked
Exhibit 2 and incorporated by reference herein; and
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That $330,000 is hereby appropriated from the Council Contingency to
cover the expense of a four percent (4%) salary adjustment effective the pay period
inclusive of April 1,200O and a four percent (4%) salary adjustment effective the pay
period inclusive of January 1,200l for all CFA represented classifications for the
2000/200 1 fiscal year.
3. That the Classification and Salary Range Schedule for CFA represented
employees as set forth in Attachment A of Exhibit 2 is hereby approved.
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4. That $40,900 is hereby appropriated from the Council Contingency to
cover the increase in the cost of the health insurance contributions during the 2000/2001
fiscal year.
5. That $13,500 is hereby appropriated to compensate CFA represented
employees for any accrued vacation hours that are over the existing vacation accrual
maximum as of December 10,200O. Compensation will be calculated at an employee’s
rate of pay (excluding overtime) as of December 10,200O.
6. That the Memorandum of Understanding between the Carlsbad
Firefighters’ Association and the City is hereby approved and the City Manager is
authorized and directed to execute it.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 17th day of October ,200O; by the following vote, to
wit on behalf of the City:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 23rd day of
,2000, by and between designated management representatives of the City of October
Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carlsbad
Firefighters’ Association, Inc. (hereinafter referred to as “CFA, Inc.“).
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
“Memorandum”) to promote and provide for harmonious relations, cooperation, and
understanding between the City management representatives and the local safety fire employees
covered under this Memorandum; to provide an orderly and equitable means of resolving any
misunderstandings or differences which may arise under this Memorandum; and to set forth the
agreement of the parties reached as a result of good faith negotiations regarding wages, hours,
and other terms and conditions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
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 further agreed that, if the City Council approves and adopts this Memorandum, City
management will act in a timely manner to make the changes or recommend the City Council
make the changes, in City ordinances, resolutions, rules, policies, and procedures necessary to
implement this Memorandum.
ARTICLE 3. TERM
The term of this Memorandum shall be from January 1,2000, through December 3 1,200 1.
As of January 1,2000, the terms of this Memorandum will supersede the provisions of the prior
Memorandum approved by Resolution No. 99-97adopted by the City Council of the City of
Carlsbad on March 23,1999.
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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 of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology of
performing its work.
ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. No Strike. During the term of this Memorandum and in accordance with Labor Code
Section 1962, neither the employees nor any agents or representatives will instigate,
promote, sponsor, engage in, or condone any strike (including sympathy strike),
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slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of
the operations of the City, regardless of the reason for so doing.
B. Penaltv. If a strike occurs in violation of Article 7.A. or Labor Code Section 1962, the
City may utilize any legal remedies available to it to halt the strike. In addition, any
employee engaging in activity prohibited by Article 7.A. or Labor Code Section 1962, or
who instigates or gives leadership to such activity, shall be subject to disciplinary action.
C. No Lockout. During the term of this Agreement, the City will not instigate a lockout
over a dispute with the employees so long as there is no breach of Section 7.A.
D. Association Official Responsibilitv. 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.
ARTICLE 8. COMPENSATION ADJUSTMENTS
Effective the pay period inclusive of April 1,2000, all represented classifications shall receive a
four percent (4%) increase in salary.
Effective the pay period inclusive of January 1,2001, all represented classifications shall receive
a four percent (4%) increase in salary.
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 shift(s). An employee working an 80 hours/pay
period schedule may use up to three work shifts of paid leave if required to be absent from duty
due to the death of a member of the employee’s immediate family. Additional time off may be
authorized by the Fire Chief or his/her 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.
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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 hours/pay 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 - 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
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 of continuous 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
11 through 12 full calendar years of continuous service - 136 hours
12 through 13 full calendar years of continuous service - 144 hours
13 through 15 full calendar years of continuous service - 152 hours
16 and over full calendar years of continuous service - 160 hours
B. Vacation Accrual
Within one pay period following adoption of this Memorandum by the City Council, 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 11,2000, no employee working a 112 hours/pay period schedule will be
allowed to earn and accrue vacation hours in excess of the four hundred and forty-eight
(448) hour maximum.
Within one pay period following adoption of this Memorandum by the City Council, 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 hours/pay period schedule will be
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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, he/she must submit a request in writing to the Fire Chief and the City
Manager. The Fire Chief and the City Manager may grant such a request if it is in the
best interest of the City. Requests will be handled on a case-by-case basis and will be
considered only in extreme circumstances.
C. Vacation Conversion
Once in January 2001, and once in each January thereafter during a pay period to be
determined by the City Manager or his/her designee, employees will be allowed to
voluntarily convert up to eighty (80) hours of accrued vacation to cash, provided that they
have used at least eighty (SO) hours of vacation during the prior calendar year.
D. Effects of Holiday on Vacation Leave
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 his/her paid
vacation leave from City service. This clause shall not limit the City’s right to recall an
employee from vacation in the event of an emergency and place him/her on regular pay
status.
G. Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year,
contingent upon determination by his/her Department Head that such absence will not
materially affect the department. Each employee must consider the needs of the service
when requesting annual vacation leave. An employee shall normally provide forty-eight
(48) hours notice in advance of the day(s) he/she 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 from 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. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT
The City agrees to provide one set of bed linen and two towels per person for all personnel
working a 112 hours/pay period work schedule. To assist in maintenance, all fire stations will be
equipped with washing machines and dryers; shift personnel will be responsible for maintaining
their own linens and towels.
The City agrees to replace linens and towels on an “as needed” basis, with a maximum
replacement of once per calendar year.
ARTICLE 13. HEALTH INSURANCE
CalPERS Health Program
Al. The City will pay on behalf of all employees covered by this agreement and their eligible
dependents and those retirees designated in Section A2 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 enrol1 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 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 account(s), 3) contribution of some or all of the premium for
Reliastar dental coverage or VSP vision coverage being paid by the employee through the
CFA:
(4 For employees with “employee only” coverage, the City shall contribute two
hundred twenty-four dollars ($224) per month. If the actual total premiums
exceed the aggregate of sixteen dollars ($16) and two hundred twenty-four
dollars ($224), the employee will pay the difference.
For employees with “employee plus one dependent” coverage, the City shall
contribute three hundred fifty-three dollars ($353.00) per month. If the
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actual total premiums exceed the aggregate of sixteen dollars ($16) and three
hundred fifty-three dollars ($353.00), the employee will pay the difference.
Cc) For employees with “employee plus two or more dependents” coverage, the
City shall contribute four hundred sixty-eight dollars ($468.00) per month.
If the actual total premiums exceed the aggregate of sixteen dollars ($16)
and four hundred sixty-eight dollars ($468.00), the employee will pay the
difference.
Effective the pay period inclusive of January 1,2001, the City shall contribute the
following monthly amounts 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 account(s), 3)
contribution of some or all of the premium for Reliastar dental coverage or VSP vision
coverage being paid by the employee through the CFA:
(4 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 three hundred ninety-three dollars ($393.00) per month. If the
actual total premiums exceed the aggregate of sixteen dollars ($16) and three
hundred ninety-three dollars ($393.00), the employee will pay the
difference.
(cl For employees with “employee plus two or more dependents” coverage, the
City shall contribute five hundred eight dollars ($508.00) per month. If the
actual total premiums exceed the aggregate of sixteen dollars ($16) and five
hundred eight dollars ($508.00), the employee will pay the difference.
Under no circumstances will the difference between the actual premium and the contract
maximum be paid to the employee in cash.
A2. The City shall continue to contribute the monthly sum of sixteen dollars ($16) for each
retired employee who was a member of this bargaining unit, who meets the criteria for
enrollment as outlined by CalPERS, and who elects to participate in the CalPERS Health
Program by filing with the City a written request to participate.
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.
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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 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 16. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT
The City agrees to provide the Fourth Level of the 1959 Survivors’ Benefit.
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. EMPLOYEES WORKING A 112 HOUR/PAY 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.
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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 and/or in
excess of an employee’s normal work day shall receive compensation at the rate
of time and one-half his/her 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 of receiving overtime pay pursuant to Section 1 above, an employee may
elect, subject to department approval, to receive compensatory time off on a time
and one-half basis. No employee shall accrue more than 80 hours of such
compensatory time. Should any employee exceed 80 hours of accrued
compensatory time, he/she shall be paid at time and one-half his/her regular rate.
An employee may use such compensatory time within a reasonable period after
making the request if the use of compensatory time does not unduly disrupt the
operations of the department.
On December 1 of each year, an employee may elect to “cash out” any portion of
his/her accrued compensatory time at his/her regular rate of pay. Notice shall be
provided to the Human Resources Department no later than November 15 of the
employee’s election to “cash out” a portion of his/her accrued compensatory time.
This “cash out” shall be paid during the first pay period in December.
ARTICLE 18. FLEXIBLE WORK SCHEDULE FOR DEPUTY FIRE MARSHAL
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
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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.
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
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B.
C.
alcohol or drugs where such impairment could negatively affect work
performance or could pose a threat to public or employee safety.
Emnlovee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution,
dispensation, possession or use of alcohol or drugs nor be under
the influence of alcohol or drugs in the workplace or while on-
call;
b. submit to an alcohol and drug analysis and remain on the
premises when requested to do so by City management, acting
pursuant to this policy, or by law enforcement personnel;
C. notify the City of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was
, based on a violation which occurred in the workplace, no later
than five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms 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.
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
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II.
D.
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.
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
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b. Required to submit to a drug and alcohol analysis. At the City’s
discretion, this analysis may be in the form of “breathalizer,”
urine, or blood analysis.
C. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of “reasonable suspicion” as defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a.
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.
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1 ’ .
III. EMPLOYEE ASSISTANCE PROGRAM
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.
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
Blue Cross of California and can be reached by calling l(800) 999-7222.
B.
C.
Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAP.
Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any City policy.
ARTICLE 22. SICK LEAVE ACCRUAL
All employees working a 112 hours/pay 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.
ARTICLE 23. 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.
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ARTICLE 24. 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 Fire Station 1, 1275 Carlsbad Village Drive, Carlsbad,
California 92008; Telephone: (760) 434-2 14 1.
ARTICLE 25. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is the intent of the parties that this Memorandum set forth the full and entire
understanding of matters agreed to upon conclusion of meet and confer sessions which
resulted in this Memorandum. Any other matters not contained herein, which were .
addressed during the course of the meet and confer process, resulting from this
Memorandum, are superseded and terminated in their entirety. Any understanding or
agreement, not contained herein, whether formal or informal, which occurred during the
course of meet and confer sessions, resulting in this Memorandum, are terminated or
superseded in their entirety.
B. It is the intent of the parties that this Memorandum be administered in its entirety in good
faith during its full term.
It is recognized that if during such term it may be necessary for the City to propose
changes in matters within the scope of representation not contained in this agreement, the
City shall notify 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.
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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.
ARTICLE 26. 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.
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IN WIINJZSS WHEREOF, the parties &ret0 have caused their duly authorized rcpresmtatives to
execute this Memoranda of Undemtanding the day, month, and year first above written.
CITY OF CARLSBAD
Approved as to form:
CARLSBAD FlREFIGHTERS’ ASSOCIATION, INC.
Approved as to form:
Tosdal, Levine, Smith & Steiner
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CARLSBAD FIRE DEPARTMENT
BIWEEKLY SALARY SCHEDULE
April 1,200O
RANGE r
35
39
40
41
45
49
STEP A STEP B STEP C STEP D STEP E
$1,524.67 $1,600.90 $1,680.95 $1,764.99 $1,853.25
$1,733.71 $1,820.40 $1,911.42 $2,006.99 $2,107.34
$1,723.49 $1,809.66 $1,900.15 $1,995.16 $2,094.91
$1,767.79 $1,856.18 $1,948.99 $2,046.44 $2,148.76
$2,030.24 $2,131.75 $2,238.33 $2,350.25 $2,467.76
$2,174.54 $2,283.26 $2,397.42 $2,517.29 $2,643.16
RANGE
35
39
40
41
45
49
CLASSIFICATION RANGE
FIREFIGHTER 35
FIRE ENGINEER 39
DEPUTY FIRE MARSHAL 40
PARAMEDIC FIREFIGHTER 41
FIRE CAPTAIN 45
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