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HomeMy WebLinkAbout2000-10-17; City Council; 15928; Memorandum Of Understanding With CFA. Clr” OF CARLSBAD - ~6 # /<. 72s’ 1 TITLE: I HTG. 10-17-00 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.) 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 t . L c . E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) - 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. s 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), 6 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. 7 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 4 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 6 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. . ’ . 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. 8 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 9 . ’ . 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 10 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 11 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 12 J& 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. 13 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. 14 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. 15 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. 16 20 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 17 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 37