HomeMy WebLinkAbout2010-05-18; City Council; 20235; IMPASSE IN LABOR NEGOTIATIONS BETWEEN THE CITY AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION INC- CFACITY OF CARLSBAD - AGENDA BILL
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MTG.
DEPT.
20,235
05/18/10
HR
IMPASSE IN LABOR NEGOTIATIONS
BETWEEN THE CITY AND THE
CARLSBAD FIREFIGHTERS'
ASSOCIATION, INC. (CFA)
DEPT. HEAD^P^W
CITY ATTY. <^fj^
CITYMGR. | ^^
RECOMMENDED ACTION:
1. By motion, determine to resolve the impasse that exists between the City of Carlsbad and
the Carlsbad Firefighters' Association, Inc. (CFA) by action of the City Council.
2. Adopt Resolution No. 2010-117 resolving the impasse and adopting and implementing certain
salary and benefit terms and conditions for employees represented by the CFA.
3. Adopt Resolution No. 2010-118 amending the City's California Public Employees' Retirement
System (CalPERS) Employer Paid Member Contribution for local fire safety employees.
ITEM EXPLANATION:
The City and the Carlsbad Firefighters' Association, Inc. (CFA) representatives have been
meeting and conferring since November 23, 2009 in an effort to reach agreement on a
Memorandum of Understanding (MOD). The parties have held three face-to-face meetings
over the last six months, supplemented by two additional proposals exchanged electronically.
As the parties failed to reach agreement and exhausted all possibilities of settlement, the City
initiated the impasse procedure on March 26, 2010 pursuant to Section IV of the City's
Employer-Employee Relations Rules and Regulations. The written request for an impasse
meeting and a statement of the City's position on all disputed issues was sent to both the CFA
and the City Manager.
An impasse meeting with the City Manager was held on April 30, 2010 for the purpose of
reviewing the positions of the City and the CFA in a final effort to reach agreement on the
disputed issues. At the impasse meeting, the City reviewed its position, and CFA put forth two
new proposals for consideration. However, after discussing the proposals there were several
points on which the parties were not able to come to agreement. At that time, it was the
conclusion of the City Manager that the parties had reached a point where continued
negotiations would be futile.
Based on the above facts, the City has met its obligation to meet and confer in good faith,
pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500 et. seq.).
Consequently, as the City Council possesses the authority to resolve the impasse in
negotiations pursuant to the Meyers-Milias-Brown Act and Section IV of the City's Employer-
Employee Relations Rules and Regulations, the City Council may choose to adopt and
implement Exhibit A, which represents the salary and benefit provisions that are still at issue
and constitute the City's last, best and final single year offer in these areas.
DEPARTMENT CONTACT: Julie Clark 760-602-2440 julie.clark@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED *
nn
n
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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The City's last, best and final single year offer includes the following provisions:
• TERM: January 1, 2010 to December 31, 2010
• COMPENSATION ADJUSTMENTS: No salary increases during the term
• FLEXIBLE BENEFITS PROGRAM: Increase the City's contribution for each coverage
level effective May 31, 2010 to the following amounts:
Employee Only = $468/month
Employee + 1 = $733/month
Employee + 2 or more = $910/month
• RETIREMENT BENEFITS:
A. Decrease the Employer Paid Member Contribution (EPMC) currently paid by
the City from 8% to 0% and have CFA represented employees pay the full
9% cost of the employee's share of retirement effective May 31, 2010.
B. Implement a two-tiered retirement plan that will apply to all sworn members
entering membership for the first time in a City of Carlsbad fire safety
classification on or after October 4, 2010. The terms of the second tier shall
include the following:
1. The 2% @ 50 retirement formula (as illustrated in Exhibit B)
2. No Employer Paid Member Contribution (EPMC)
3. No Reporting the Value of EPMC as compensation
4. The use of a 3-year Final Average Earnings (FAE) formula for final
compensation calculation
C. Put forth a Charter amendment for the November 2010 ballot prohibiting
increases in the 2% @ 50 retirement formula absent approval of the
electorate.
• REPORTING VALUE OF UNIFORMS TO CALPERS: Effective May 31, 2010, report to
CalPERS the amount of $17.31 bi-weekly as special compensation related to the
monetary value of the required uniforms, excluding boots.
Should the City Council decide to adopt and implement the salary and benefit terms and
conditions for employees represented by the CFA as outlined above, this would necessitate:
1. Amending the resolution with the California Public Employees' Retirement System
(CalPERS) regarding the City's Employer Paid Member Contribution (attached).
2. Amending the contract with CalPERS to create a 2nd tier retirement plan for fire safety
employees at the 2% @ 50 retirement formula.
Page 3
The City's Employer-Employee Relations Rules and Regulations state that the City Council may
resolve the impasse that exists between the parties after a hearing on the merits of the dispute
has been conducted. The City Council will hear from both the City representatives and the CFA
representatives in an open meeting, and both parties will adhere to the following process:
1. Each party will have fifteen (15) minutes to make its presentation, and the
City (the party declaring impasse) will make its presentation first.
2. The City Council will hear from any interested parties that have filled out a
"Request to Speak" form.
3. The City Council may ask questions of staff or any party.
4. The City Council may adjourn to closed session if necessary to deliberate.
5. The City Council will return to open session and announce its decision on
how to resolve the impasse.
FISCAL IMPACT:
It is estimated that the City will realize a savings of approximately $390,000 during the term as
a result of this action.
ENVIRONMENTAL IMPACT:
This amendment is statutorily exempt from CEQA pursuant to Public Resources Code Section
21080(b)(1).
EXHIBITS:
1. Resolution No. 2010-117 resolving the impasse and adopting and implementing
certain salary and benefit terms and conditions for employees represented by the
Carlsbad Firefighters' Association, Inc.
2. Exhibit A - City's Last, Best and Final single year offer to the Carlsbad Firefighters'
Association, Inc.
3. Exhibit B - CalPERS Retirement Formulas for Local Safety Members.
4. Resolution No. 2010-118 amending the City's California Public Employees'
Retirement System (CalPERS) Employer Paid Member Contribution for local fire safety
employees.
1 RESOLUTION NO. 2010-117
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RESOLVING THE IMPASSE
3 AND ADOPTING AND IMPLEMENTING CERTAIN SALARY
4 AND BENEFIT TERMS AND CONDITIONS FOR
EMPLOYEES REPRESENTED BY THE CARLSBAD
5 FIREFIGHTERS'ASSOCIATION, INC.
6 WHEREAS, the Carlsbad Firefighters' Association, Inc. (CFA) is the exclusively
7 recognized employee organization representing fire safety employees under the City's
o
Employer-Employee Relations Rules and Regulations; and
9 WHEREAS, the City and the CFA have previously entered into a Memorandum
10
of Understanding which took effect on January 1, 2008, and expired on December 31,
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2009; and
12
WHEREAS, the City and the CFA began meeting and conferring on November
14 23, 2009 in an effort to reach agreement on a Memorandum of Understanding and have
15 held three additional subsequent meetings over the last six months, supplemented by two
16 additional proposals exchanged electronically; and
17 WHEREAS, the parties have failed to reach an agreement and there is no
18 possibility of settlement by direct discussion between the City and CFA and all possibilities
19 of settlement have been exhausted; and
20 WHEREAS, the City has initiated the impasse procedure by filing a written
21
request for an impasse meeting together with a statement of its position on all disputed
22
issues in negotiations; and
WHEREAS, the City's written request for an impasse meeting was sent to both
25 the CFA and the City Manager on March 26, 2010; and
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1 WHEREAS, this impasse meeting was held on April 30, 2010 for the purpose of
2 reviewing the position of the City and the CFA in a final effort to reach agreement on all
•5 disputed issues; and
4 WHEREAS, the City and the CFA were unable to reach agreement on the
5
disputed issues; and
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WHEREAS, as a result of said negotiations and impasse procedures, the City
1
has developed and has made a last, best and final single year offer to the CFA; and
8
9 WHEREAS, as of April 30, 2010, the CFA has rejected said final offer; and
10 WHEREAS, it is therefore apparent that the City and the CFA have reached an
11 impasse in their negotiations of an agreement covering said employees for a term which
12 includes January 1, 2010 through December 31, 2010; and
13 WHEREAS, the January 1, 2008 through December 31, 2009 agreement
14 between the City and the CFA has now expired and said employees are no longer
15 covered by any agreement; and
16
WHEREAS, the City Council believes it is in the best interest of the City to
17
impose the salary and benefit provisions that are still at issue and that constitute the City's
18
last, best and final single year offer in these areas; and
2Q WHEREAS, the City Council possesses the power to resolve the impasse in
21 negotiations pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500
22 et. seq.) and Section IV of the City's Employer-Employee Relations Rules and
23 Regulations.
24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
25 Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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3. That an impasse in negotiations for an MOU between the City and the
of Understanding (MOU) during the meet and confer sessions are withdrawn.
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4..
CFA exists.
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4. That the City Council determines that the impasse in negotiations between
2. That the offers made by the City to the CFA for a successor Memorandum
the City and the CFA shall be resolved by adopting and implementing the salary and
benefit provisions that constitute the City's last, best and final single year offer in these
areas as set forth in Exhibit A, attached hereto and incorporated by reference herein.
5. That the City Council directs staff to amend the City's contract with the
California Public Employees' Retirement System (CalPERS) to create a 2nd tier retirement
plan for fire safety employees at the 2% @ 50 retirement formula.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of May, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: Council Member Blackburn
ABSENT: None
ClAUDE A' LEWIS, "Mayor
ATTEST:
LORBAIN
(SEAL)
'""«,*>*
IMPOSED CHANGES INCORPORATED INTO THE MEMORANDUM OF
UNDERSTANDING ("MOU") BETWEEN THE CITY OF CARLSBAD AND THE
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
This document incorporates changes imposed by City Council action at a Special Meeting on
May 18, 2010 into the Memorandum of Understanding between the City of Carlsbad and the
Carlsbad Firefighters' Association, Inc. For administrative ease, references to a Memorandum of
Understanding (MOU) throughout this document have been retained.
The sections outlined below were changed as a result of the City Council's action.
1. ARTICLES. TERM
2. ARTICLE 8. COMPENSATION ADJUSTMENTS
3. ARTICLE 15. FLEXIBLE BENEFITS PROGRAM
4. ARTICLE 18. RETIREMENT BENEFITS
5. ARTICLE 31. REPORTING VALUE OF UNIFORMS TO CALPERS
All revised sections are marked with an asterisk (*) in their title in this document. All other
sections from the prior MOU (January 1, 2008 through December 31, 2009) between the City of
Carlsbad and the Carlsbad Firefighters' Association, Inc. shall remain in full force and effect
through December 31, 2010.
c'
SUMMARY OF IMPOSED CHANGES INCORPORATED INTO THE 2010 MOU BETWEEN
THE CITY OF CARLSBAD AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
1. ARTICLES. TERM
Term defined as January 1, 2010 to December 31, 2010
2. ARTICLE 8. COMPENSATION ADJUSTMENTS
No salary increases during the term
3. ARTICLE 15. FLEXIBLE BENEFITS PROGRAM
Benefits Credits effective May 31, 2010 equal to the following amounts:
Employee Only Coverage Level = $468/month
Employee + 1 Coverage Level = $733/month
Employee + 2 or more Coverage Level = $910/month
4. ARTICLE 18. RETIREMENT BENEFITS
A. Employer Paid Member Contribution decreased from 8% to 0%
effective May 31, 2010. CFA-represented employees pay the full 9%
cost of the employee's share of retirement effective May 31, 2010.
B. A two-tier retirement plan will apply to all sworn members hired on or
after October 4, 2010. The terms of the second tier shall include the
following:
1. 2% @ 50 formula
2. no Employer Paid Member Contribution (EPMC)
3. no Reporting the Value of EPMC as compensation
4. 3-year Final Average Earnings (FAE) for final compensation
calculation
C. During the November 2010 election the City will put a charter
amendment on the ballot prohibiting increases in the 2% @ 50
retirement formula absent approval of the electorate
5. ARTICLE 31. REPORTING VALUE OF UNIFORMS TO CALPERS
Effective May 31, 2010, the amount of $17.31 reported to CalPERS bi-weekly as
special compensation related to the monetary value of the required uniforms,
excluding boots.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
Term: January 1, 2010- December 31, 2010
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
TABLE OF CONTENTS
Preamble
Recognition
Implementation
Term*
Renegotiation
Retention of Benefits
City Rights
No Strike and No Lockout
Compensation Adjustments*
Bereavement Leave
Long Term Disability
Annual Vacation Leave
Sick Leave Accrual
Bilingual Pay
Linen Provision, Maintenance, and Replacement
Flexible Benefits Program*
Communications
Holidays
Retirement Benefits*
Provision of 1959 PERS Survivors' Benefit
Compensatory Time
Flexible Work Schedules for Deputy Fire Marshal
Americans With Disabilities Act
Family Leave Act
Discipline of Employee
Grievance Procedure
Alcohol and Drug Policy
Authorized Agents
Full Understanding, Modification, Waiver
Provisions of Law
Paramedic License Pay
Reporting Value of Uniforms to CalPERS*
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in
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the date of formal approval
hereof by the City Council of the City of Carlsbad, by and between designated management
representatives of the City of 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, 2010, through December 31, 2010.
As of January 1, 2010, the terms of this Memorandum will supersede the provisions of the prior
Memorandum approved by Resolution No. 2008-062 adopted by the City Council of the City of
Carlsbad on March 4, 2008.
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),
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. Penalty. If a strike occurs in violation of Article 7. A. or Labor Code Section 1962, the
City may utilize any legal remedies available to it to halt the strike. In addition, any
employee engaging in activity prohibited by Article 7.A. or Labor Code Section 1962, or
who instigates or gives leadership to such activity, shall be subject to disciplinary action.
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 Responsibility. Each employee who is an officer of CFA, Inc.
occupies a position of special trust and responsibility in maintaining and bringing about
compliance with the provisions of this Article. The employees agree to inform members
of their obligations under this Memorandum and Labor Code Section 1962 and to direct
them to return to work.
E. Non-discrimination Clause. Neither City nor CFA, Inc. shall interfere with, intimidate,
restrain, coerce, or discriminate against employees covered by this Memorandum because
of exercise of rights to engage or not engage in CFA, Inc. activity or because of the
exercise of any right provided to the employees by this Memorandum.
ARTICLE 8. COMPENSATION ADJUSTMENTS*
There shall be no salary increases during the term of this Memorandum.
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.
I3
ARTICLE 10. LONG-TERM DISABILITY
The City and CFA agree that CFA will contract directly with an insurance company to provide
long-term disability benefits for represented employees.
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
6
10
11
12
13
16
through
through
through
through
through
through
and over
5
10
11
12
13
15
full calendar years
full calendar years
full calendar years
full calendar years
full calendar years
full calendar years
full calendar years
of continuous service
of continuous service
of continuous service
of continuous service
of continuous service
of continuous service
of continuous service
-128 hours
-192 hours
-205 hours
-218 hours
-231 hours
-244 hours
-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
6
10
11
12
13
16
through
through
through
through
through
through
and over
5
10
11
12
13
15
full calendar years
full calendar years
full calendar years
full calendar years
full calendar years
full calendar years
full calendar years
of continuous service
of continuous service
of continuous service
of continuous service
of continuous service
of continuous service
of continuous service
- 80 hours
-120 hours
-128 hours
-136 hours
-144 hours
-152 hours
-160 hours
B. Vacation Accrual
All employees working a 112 hours/pay period schedule shall be entitled to earn and
accrue up to and including four hundred and forty-eight (448) hours of vacation. 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.
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. No
employee working an 80 hours/pay period schedule will be allowed to earn and accrue
vacation hours in excess of the three hundred and twenty (320) hour maximum.
Department Heads will encourage the taking of accrued vacation leave. If there are
unusual circumstances that would require an employee to exceed the vacation accrual
maximum, 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
Each January, during a pay period to be determined by the City Manager or his/her
designee, all employees working a 112 hours/pay period schedule shall be allowed to
voluntarily convert up to one hundred twelve (112) hours of accrued vacation to cash,
provided that they have used at least one hundred twelve (112) hours of vacation during
the prior calendar year, as defined by the pay periods in that calendar year.
Each January, during a pay period to be determined by the City Manager or his/her
designee, all employees working an 80 hours/pay period schedule will be allowed to
voluntarily convert up to eighty (80) hours of accrued vacation to cash, provided that they
have used at least eighty (80) hours of vacation during the prior calendar year, as defined
by the pay periods in that calendar year.
D. Effects of Holiday on Vacation Leave
For all employees who work an 80 hours/pay period schedule, in the event one or more
authorized municipal holidays fall within a vacation leave, such holiday shall not be
charged as vacation leave, but shall be credited as a holiday.
E. Effect of Leave of Absence on Accrual of Vacation Leave
An employee's accumulation of vacation leave will cease after the completion of two (2)
full scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accrual will be reinstituted beginning the first day of the
first full pay period after the employee has returned to work.
F. Compensation for City Work During Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity,
except compensation for mandated court appearances, during the time of 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. SchedulinR 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. 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 13. BILINGUAL PAY
The City will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of bilingual
skills.
In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test
in the Spanish language as determined appropriate by the City. The City reserves the right to
include other languages as eligible for bilingual pay at some future date. This article shall not be
subject to the grievance procedure.
ARTICLE 14. LINEN PROVISION. MAINTENANCE. AND REPLACEMENT
The City agrees to provide one set of bed linen and two towels per person for all personnel
working a 112 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 15. FLEXIBLE BENEFITS PROGRAM*
A. Employees represented by the CFA, Inc. will participate in a flexible benefits program
which includes medical insurance, dental insurance, vision insurance and flexible
spending accounts (FSAs). Each of these components is outlined below.
Medical Insurance
Al. During the term of this agreement, represented employees will be covered by the Public
Employees' Medical and Hospital Care Act (PEMHCA) and will be eligible to participate
in the CalPERS Health Program. The City will pay on behalf of all employees covered
by this agreement and their eligible dependents and those retirees designated in Section D
of this Article, the minimum amount per month required under Government Code Section
22892 of the PEMHCA for medical insurance through the California Public Employees'
Retirement System (CalPERS).
All active members of the association must enroll in one of the health plans offered
through CalPERS. Effective May 31, 2010, the City shall contribute the following
monthly amounts (called Benefits Credits) on behalf of each active employee and eligible
dependents toward the payment of 1) medical premiums under the CalPERS health
program, 2) contributions in the name of the employee to the City's flexible spending
account(s), 3) contribution of some or all of the premium for dental coverage or vision
coverage:
(a) For employees with "employee only" coverage, the City shall contribute four
hundred sixty-eight ($468) per month that shall include the mandatory payments
to CalPERS. If the actual total premiums exceed the City's total contributions,
the employee will pay the difference.
(b) For employees with "employee plus one dependent" coverage, the City shall
contribute seven hundred thirty-three ($733) per month that shall include the
mandatory payments to CalPERS. If the actual total premiums exceed the
City's total contributions, the employee will pay the difference.
(c) For employees with "employee plus two or more dependents" coverage, the City
shall contribute nine hundred ten ($910) per month that shall include the
mandatory payments to CalPERS. If the actual total premiums exceed the
City's total contributions, the employee will pay the difference.
B. Under no circumstances will any unused Benefits Credits as outlined above be paid to the
employee in cash. If the amount contributed by the City (Benefits Credits) exceeds the
cost of the medical insurance purchased by the employee, the employee will have the
option of using any "excess credits" to purchase dental insurance, vision insurance or to
contribute to a healthcare or dependent care flexible spending account (FSA).
C. Dental Insurance
Represented employees are eligible to enroll in the City sponsored dental plan.
Vision Insurance
Represented employees are eligible to enroll in the City sponsored vision insurance plan.
D. Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the California
Public Employees' Retirement System (CalPERS) Health Program. Represented
employees who retire from the City, either service or disability, shall be eligible to
continue their enrollment in the CalPERS Health Program when they retire, provided that
the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of
separation from employment and their effective date of retirement is within 120 days of
separation. The City will contribute the minimum amount per month required under
Government Code Section 22892 of the PEMHCA toward the cost of each retiree's
enrollment in the CalPERS Health Program. Direct authorization may be established for
automatic deduction of payments for health insurance administered by CalPERS.
ARTICLE 16. COMMUNICATIONS
The parties agree to continue meeting at least once each month during the term of this agreement
for the purpose of continuing communications on subjects of mutual concern.
ARTICLE 17. HOLIDAYS
The City shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department:
New Year's Day Columbus Day
Martin Luther King Jr. Birthday Veteran's Day
Lincoln's Birthday Thanksgiving
Washington's Birthday Thanksgiving Friday
Memorial Day Christmas Day
Independence Day One (1) Floating Holiday
Labor Day
Employees working a 112 hours/pay period schedule shall be compensated for eight (8) hours of
holiday work at a rate of time and one half during the pay period in which the holiday occurs.
The floating holiday will be compensated during the pay period inclusive of April 15.
Employees working a 80 hours/pay period schedule will observe the scheduled paid holidays
listed above, and will be allowed to use the floating holiday at the discretion of the employee
upon prior approval of the Department Head.
ARTICLE 18. RETIREMENT BENEFITS*
18.1 The City agrees to continue to pay the employer's contribution rate required by the
California Public Employees' Retirement System (CalPERS) to maintain the level
of benefits for employees covered by this Memorandum.
18.2 The City will contract with CalPERS to provide the "3% @ 50" retirement benefit
for all local fire employees effective the pay period inclusive of January 1, 2004.
18.3 The City will report the value of Employer Paid Member Contributions (EPMC) as
additional compensation to CalPERS for all local fire employees hired before
October 4, 2010.
18. 4 Effective May 31, 2010, each local fire employee will pay the nine percent (9%)
employee retirement contribution to CalPERS. This nine percent (9%) employee
retirement contribution will be deducted from each employee's salary on a pre-tax
basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code
(IRC).
18.5 A two-tier retirement plan will apply to all sworn members entering membership for
the first time in a City of Carlsbad fire safety classification on or after October 4,
2010. The terms of the second tier shall include the following:
a. 2% @ 50 formula
b. no Employer Paid Member Contribution (EPMC)
c. no Reporting the Value of EPMC as compensation
d. 3-year Final Average Earnings (FAE) for final compensation
calculation
18.6 During the November 2010 election the City will put a charter amendment on the
ballot prohibiting increases in the 2% @ 50 retirement formula absent approval of
the electorate.
ARTICLE 19. PROVISION OF 1959 PERS SURVIVORS' BENEFIT
The City agrees to provide the Fourth Level of the 1959 Survivors' Benefit.
ARTICLE 20. COMPENSATORY TIME
Employees shall be entitled to bank compensatory time in lieu of receiving overtime pay. For
each hour of overtime worked, the employee will be entitled to 1.5 hours of compensatory time.
Compensatory time is subject to the following conditions:
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 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 or directly following
December 1 st of each calendar year.
2. Compensatory time may not be used for leave time.
3. If an employee's sick leave balance drops below 100 hours, they are entitled to
convert up to 9 shifts worth of banked compensatory time (on an hour for hour
ratio) to sick leave, up to a maximum sick leave balance of 216 hours.
B. EMPLOYEES WORKING AN 80 HOURS/PAY PERIOD SCHEDULE:
1. Overtime
Any employee required to perform in excess of 40 hours in a 7 day cycle and/or in
excess of an employee's normal work day shall receive compensation at the rate
of time and one-half 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.
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ARTICLE 21. FLEXIBLE WORK SCHEDULES FOR FIRE PREVENTION
Employees hired by divisions currently operating on an alternative work schedule shall be subject
to having their daily work schedule changed at the sole discretion of the department. Such
changes include, but are not limited to, a) number of days/hours to be worked on a daily basis
and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. This
article shall not be subject to the grievance procedure.
9/80 Alternative Work Schedule:
The parties acknowledge that they met and conferred in good faith over the terms and conditions
for implementation of a 9/80 work schedule for the Deputy Fire Marshal. The result of that
meeting and conferring is reflected in the City of Carlsbad's Administrative Order No. 57, by
which the parties will control implementation of the 9/80 schedule. This article shall not be
subject to the grievance procedure.
ARTICLE 22. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
ARTICLE 23. FAMILY LEAVE ACT
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
ARTICLE 24. DISCIPLINE OF AN EMPLOYEE
24.1 The City may discipline a regular employee for just cause. In the case of disciplinary
action involving suspension, demotion or discharge, the employee shall be given notice of
the action to be taken, the evidence or materials upon which the action is based, and an
opportunity to respond to the Fire Chief either orally or in writing, provided the employee
requests the opportunity within seven (7) calendar days of the notice of the action. The
above process will occur prior to the imposition of the discipline.
24.2 Except as provided in Section 24.3, an employee has the right to appeal discipline
according to the appeal procedure as set out below. Written notice of discipline shall
inform and remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the City agree that the
advisory hearing will be conducted before a hearing officer selected by the parties from a
list provided by the California State Mediation and Conciliation Service. If the parties
cannot mutually agree on the hearing officer they will use a strikeout procedure using a
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list of seven names provided by the California State Mediation and Conciliation Service.
The appellant will have the prerogative of striking the first name.
The City will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing; including the hearing officer, court reporter and transcription costs, if
any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attorney fees and preparation of documents.
24.3 A probationary employee (entry level or promotional) rejected during the probationary
period shall not be entitled to appeal such rejection to the Hearing Officer.
24.4 Right of Appeal. Within seven (7) calendar days of receipt of the notice of discipline, a
regular employee shall have the right to appeal to the Hearing Officer disciplinary action,
except in instances where the right of appeal is specifically prohibited by the Personnel
Ordinance or Personnel Rules, or this Article.
24.5 Method of Appeal. Appeals shall be in writing, signed by the employee, and filed with
the Human Resources Director, who shall, within ten (10) calendar days after receipt of
the appeal, inform the Hearing Officer of the action desired by the employee and the
reasons why. The formality of a legal pleading is not required.
24.6 Notice. Upon the filing of an appeal, the Human Resources Director will set a date for
the hearing on the appeal not less than ten (10) calendar days nor more than thirty (30)
calendar days from the date of filing, unless the parties mutually agree to a later hearing
date. The Human Resources Director will notify all interested parties of the date, time,
and place of the hearing.
24.7 Hearings. Unless physically unable to do so, the employee must appear personally before
the Hearing Officer at the time and place of the hearing. The employee may be
represented at the hearing by any person or attorney the employee selects and may
produce any relevant oral or documentary evidence. The City will state its case first and,
at the conclusion, employee may then present evidence. Rebuttal evidence not repetitive
may be allowed in the discretion of the Hearing Officer. Cross-examination of witnesses
will be permitted. The conduct and decorum of the hearing will be under the control of
the Hearing Officer, with due regard to the rights and privileges of the parties appearing
before him/her. Hearings need not be conducted according to technical rules relating to
evidence and witnesses. Hearings will be closed unless at least four (4) business days
prior to the hearing the employee, in writing, requests an open hearing. If either party
disagrees with the Hearing Officer's recommendation, that party may appeal within ten
(10) calendar days to the City Manager.
24.8 Findings and Recommendations. The Hearing Officer will, within ten (10) calendar days
after the conclusion of the hearing, certify his/her findings and decisions in writing to the
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City Manager and to the employee. The City Manager will review the findings and
recommendations of the Hearing Officer and may then affirm, revoke or modify the
action taken as, in the City Manager's judgment, seems warranted, and the action taken
will be final. The Hearing Officer may submit a minority or supplemental finding and
recommendation.
24.9 Timelines. Any of the above timelines may be modified by mutual agreement of the
parties. The parties understand that these timelines may need to be modified for reasons
out of the control of either the City or CFA.
ARTICLE 25. GRIEVANCE PROCEDURE
25.1 A grievance is an allegation made by an employee that the employee has been
damaged or denied a benefit by the City due to misapplication or a mistaken
interpretation of a specific provision of this Agreement, the City's Personnel Rules
or, effective no later than January 1, 2009, any existing Fire Department Directive
which falls within the subject matter contained in the scope of bargaining set forth
in the Meyers, Milias Brown Act.
25.2 Reviewable and Non-Reviewable Grievances
25.2.1 To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred.
(b) Result from an act or omission by management regarding
working conditions or other matters contained in this
Agreement over which the Fire Chief has control.
(c) Arise out of a specific situation, act, or acts which result in
damage to the employee.
(d) Arise out of a misinterpretation or misapplication of this
Agreement.
25.2.2 A grievance is not reviewable under this procedure:
(a) If it is a matter which would require a modification of a. policy
established by City Council or by law;
(b) Is reviewable under some other administrative procedure and/or
rules of the City of Carlsbad (See, e.g., Article 24 Discipline),
such as:
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(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.
25.3 Special Grievance Procedure Provisions: The following special provisions apply to
the grievance procedure.
25.3.1 Procedure for Presentation: In presenting a grievance, an employee
shall follow the sequence and the procedure outlined in Section 25.4 of
this procedure.
25.3.2 Prompt Presentation: The employee shall discuss the grievance with
an immediate supervisor promptly after (i.e., when grievant knew or
should have known) the act or omission of management caused, the
grievance.
25.3.3 Prescribed Form: The written grievance shall be submitted on a form
prescribed by the Human Resources Director for this purpose.
25.3.4 Statement of Grievance: The grievance shall contain a statement of:
(a) The specific facts or actions, including dates, which constitute the
basis for the grievance.
(b) The article that was misapplied or misinterpreted.
(c) The damage suffered by the employee.
(d) The relief sought.
25.3.5 Employee Representative: The employee may choose someone as a
representative at any step in the procedure. No person hearing a
grievance need recognize more than one representative for any one
time, unless he/she so desires.
25.3.6 Interested Parties: Interested parties may provide information during
the hearing of the grievance at any step of the grievance procedure.
25.3.7 Handled During Working Hours: Whenever possible, grievances will
be handled during regularly scheduled working hours.
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25.3.8 Extension of Time: The time limits within which action must be taken
or a decision made as specified in this procedure may be extended by
mutual written consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties
involved at the step to be extended.
25.3.9 Consolidation of Grievances: If the grievance involves a group of
employees or if a number of employees file separate grievances on the
same matter, the grievances may be handled as a single grievance.
25.3.10 Settlement: Any grievance shall be considered settled at the
completion of any step if the grievant is satisfied or if the grievant does
not appeal the matter to a higher authority within the prescribed time.
25.3.11 Reprisal: The grievance procedure is intended to assure a grieving
employee the right to present a grievance without fear of disciplinary
action or reprisal, provided the provisions of the grievance procedure
are observed. Copies of grievance forms will not be placed in
employee personnel records but will be maintained in separate files in
the Human Resources Department.
25.4 Grievance Procedure Steps: The following procedure shall be followed by an
employee submitting a grievance for consideration and action.
25.4.1 Discussion With Supervisor: The employee shall discuss the grievance
with the employee's immediate supervisor informally. Within seven
(7) calendar days, the supervisor shall give a decision to the employee
verbally.
25.4.2 Step 1: If the employee and the supervisor cannot reach an agreement
to resolve the grievance, the employee may within seven (7) calendar
days present the grievance in writing to the supervisor. The supervisor
shall memorialize the prior verbal decision on the grievance and
present the grievance to the next-level supervisor within seven (7)
calendar days.
The next-level supervisor shall hear the grievance and shall give a
written decision to the employee within seven (7) calendar days after
receiving the grievance. This portion of this step shall be repeated as
necessary until the next-level supervisor is a Division Chief.
25.4.3 Step 2: If the employee and the next-level supervisor cannot reach an
agreement to resolve the grievance, the employee may within seven (7)
calendar days present the grievance in writing to the Fire Chief. The
Fire Chief shall hear the grievance and shall give the written decision
to the employee within seven (7) calendar days after receiving the
grievance.
25.4.4 Step 3: If the employee and Fire Chief cannot reach an agreement as
to the solution of the grievance, the employee may file a written
request with the Human Resources Director, within seven (7) calendar
days, to have the grievance heard by a Hearing Officer selected via the
process described in Section 25.4.7. The grievance shall also be
presented to the Assistant City Manager who may conduct a meeting
with the grievant and/or CFA representative to identify and clarify
disputed issues and attempt to resolve the grievance prior to
presentation of the grievance to the Hearing Officer.
25.4.5 Step 4: If the matter is not otherwise resolved, the Hearing Officer
shall, within thirty (30) calendar days after receipt of the grievance,
hear the grievance and render an advisory opinion to the City Manager.
The City Manager shall, within fourteen (14) calendar days after
receipt of the advisory opinion, notify the employee of the final action.
25.4.6 Any of the above steps may be waived by mutual agreement of the
parties.
25.4.7 The employee or employee organization and the City agree that the
advisory hearing will be conducted before a hearing officer selected by
the parties from a list provided by the California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the
hearing officer they will use a strikeout procedure using a list of seven
names provided by the California State Mediation and Conciliation
Service. The appellant will have the prerogative of striking the first
name.
All administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription cost, if any, will be shared equally between the City and
the Carlsbad Firefighters' Association. In the case that the Carlsbad
Firefighters' Association does not support the grievance continuing to
the advisory hearing by a hearing officer, all administrative costs
associated with the cost of a grievance and the subsequent hearing;
including the hearing officer, court reporter and transcription cost, if
any, will be shared equally between the City and the employee,
The employee or employee organization will be responsible for the
cost of his or her own representation or attorney fees and preparation
of documents.
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ARTICLE 26. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work
environment 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;
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;
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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
d. abide by all terms of this policy.
2. Employees are encouraged to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-counter
medications), which may interfere with safe or effective performance
of their duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment
are relevant to City employment may result in disciplinary action up to
and including termination if there is relevant nexus between such off-
duty involvement and the employee's employment with the City,
consistent with the legal requirements for disciplinary due process.
C. Employer Searches
For the purpose of enforcing this policy and maintaining a drug-free
workplace, the City reserves the right to search, with or without prior
notice to the employee, all work areas and property in which the City
maintains full or joint control with the employee, including but not limited
to City vehicles, desks, lockers, file cabinets, and bookshelves. These
areas remain part of the workplace context even if the employee has placed
personal items in them. Employees are cautioned against storing 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.
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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.
E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT
regulations
The parties acknowledge that the Federal Motor Carrier Safety
Improvement Act of 1999 (see Attachment B) and the California Vehicle
Code apply to unit members. The parties shall comply with the
regulations developed by the Department of Transportation to enforce the
Act.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-emplovment 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
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.
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c. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section I. A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or
disability;
d. an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
f. attributable possession of alcohol or drugs;
g. 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.
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7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed
necessary by the City.
III. 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.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any City policy.
ARTICLE 27. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of
Understanding:
A. City's principal authorized agent shall be the City Manager or a duly authorized
representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (760) 434-2820, except where a particular City representative is specifically
designated in connection with the performance of a specific function or obligation set
forth herein.
B. CFA, Inc., principal authorized agent shall be its President or duly authorized
representative. Address: Carlsbad Safety Center, 2560 Orion Way, Carlsbad, California
92008-7280; Telephone: (760) 931-2127.
ARTICLE 28. FULL UNDERSTANDING, MODIFICATION. WAIVER
A. It is the intent of the parties that this Memorandum set forth the full and entire
understanding of matters agreed to upon conclusion of meet and confer sessions which
resulted in this Memorandum. Any other matters not contained herein, which were
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
21
course of meet and confer sessions, resulting in this Memorandum, are terminated or
superseded in their entirety.
B. It is the intent of the parties that this Memorandum be administered in its entirety in good
faith during its full term.
It is recognized that if during such term it may be necessary for the City to propose
changes in matters within the scope of representation not contained in this agreement, the
City shall notify CFA, Inc., indicating the proposed change prior to its implementation. If
CFA, Inc., wishes to consult or negotiate with the City regarding the matter, CFA. Inc.,
shall notify the City within five (5) working days from the receipt of such notice. Upon
receipt of such notice, the parties shall meet promptly in an earnest effort to reach a
mutually satisfactory resolution of any problem arising as a result of the change instituted
by the City.
Where the City makes such changes because of the requirements of the law, the City shall
not be required to negotiate the matter of compliance with any such law.
Nothing herein shall limit the authority of the City to make such changes required during
emergencies. However, the City shall notify CFA, Inc. of such changes as soon as
practicable. Such emergency changes shall not extend beyond the period of emergency.
"Emergency" shall be defined as an unforeseen circumstance requiring immediate
implementation of the change.
C. Failure by CFA, Inc. to request consultation or negotiations pursuant to Paragraph B shall
not be deemed as approval of any action taken by the City.
D. Except as specifically provided in this Memorandum, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right and agrees that the other
shall not be required to negotiate with respect to any other matters within the scope of
negotiations during the term of this Memorandum.
E. Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless
made and executed in writing by all parties hereto, and if required, approved and
implemented by the City Council.
F. The waiver of any breach, term, or condition of this Memorandum by either party shall
not constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 29. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and
future applicable federal and state laws and federal and state regulations. If any part or provision
of the Memorandum is in conflict or inconsistent with such above applicable laws, rules and
22
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.
ARTICLE 30. PARAMEDIC LICENSE PAY
Upon ratification of the MOU between the City and CFA, Inc., Fire Captains and Fire Engineers
who retain their paramedic license and San Diego County accreditation will receive sixty-five
dollars ($65.00) per pay period for paramedic license pay.
Upon ratification of the MOU between the City and CFA, Inc., the pilot program defined in
Resolution No. 97-607 adopted by the City Council of the City of Carlsbad on September 16,
1997 that authorized the payment of specialty pay for Fire Captains who were licensed
paramedics and who functioned as paramedics at the direction of the Fire Chief will be
discontinued.
As of the first pay period of calendar year 2009, Fire Captains and Fire Engineers who retain
their paramedic license and San Diego County accreditation will receive sixty-six dollars and
ninety-five cents ($66.95) per pay period for paramedic license pay.
ARTICLE 31. REPORTING VALUE OF UNIFORMS TO CALPERS *
Effective May 31, 2010, all CFA-represented employees who are required to wear City-provided
uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special
compensation related to the monetary value of the required uniforms, excluding boots.
ESI 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
LlSA HILDABRAND, City Manager
Approved as to form:
RONALD R. BALL, City Attorne
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
** CONTRACT NOT APPROVED BY CFA, IMPOSED BY CITY COUNCIL
ON MAY 18, 2010
RICHARD FISHER, President
24
-u
Safety Retirement Formulas
•2% @ 55 '~+~ 2% @ 50 -*- 3% @ 55 -*- 3% @ 50
3.0% T—± * A A A • • • 1
* • 1 1 •
1.0%
50 51 52 53 54 55 56 57 58 59 60
Retirement Age
1 RESOLUTION NO. 2010-118
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING THE CITY'S
CALPERS EMPLOYER PAID MEMBER CONTRIBUTION
4 FOR EMPLOYEES REPRESENTED BY THE CARLSBAD
FIREFIGHTERS' ASSOCIATION. INC.5
6 WHEREAS, the City Council of the City of Carlsbad has the authority to
7 implement Government Code Section 20691;
8 WHEREAS, the City Council of the City of Carlsbad has a written agreement with
9 the Carlsbad Firefighters Association Inc. (CFA) which specifically provides for a portion
10 of the normal member contributions to be paid by the City;
WHEREAS, the City Council intends to modify its agreement with the CFA to
12 decrease the Employer Paid Member Contribution (EPMC); and
13
WHEREAS, the City Council has identified the following conditions for reduction
14
of the EPMC:
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1, • The effective date of the amended Resolution shall be May 31, 2010
17 • This benefit shall apply to all employees in the following employee group and this
18 benefit shall consist of paying the related percentage of the normal member
19 contributions as EPMC as noted:
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25
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Employee Group
1. Carlsbad Firefighters' Association, Inc.
Effective
Date
5/31/2010
EPMC
Percentage
0%
1 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
2 Carlsbad as follows:
3 1. That the above recitations are true and correct.
4 2. That the City Council wishes to comply with Section 20691 by adopting this
5
resolution.
6
3. That the City Council elects to pay Employer Paid Member Contributions
7
(EPMC), as set forth above.8
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III
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III
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III
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of May, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: Council Member Blackburn
ABSENT: None
LORRAJNE
(SEAL)
-f -.T55T..- O
"'*,.*>*
All Receive
For the Information of the:
Order of Procedure CITY COUNCIL
ACM ,DCM_ CA ^ CCMay 18 Impasse Hearing Date"/7
Mayor:
> Explain process for the hearing
• Each party will have 15 minutes to makes its presentation: The city will make
its presentation first
• Council may ask questions at any time
• Anyone wishing to address this item must fill out a "Request to Speak" form.
• Speakers will be called to the podium after both of the presentations.
• Council may adjourn to Closed Session, if necessary
• At conclusion of meeting, Council can either:
o Send the parties back for further negotiation, OR
o Adopt the resolutions in the agenda bill which resolve the impasse and
impose the terms and conditions of the City's last, best and final offer.
> Ask City Manager to introduce the item.
Citv Manager:
> Introduce item and the first speakers.
> Introduce second speakers.
Mayor; Take questions from council
Mayor: Invite those who filled out speaker slips to the podium (5 minutes each or less if
large number of slips)
Mayor:
Ask if any additional questions from the council
Adjourn to closed session, if desired MAY 1 8 2010
CITY OF CARLSBAD
CITY CLERK'S OFFICE
Mayor: ASK FOR MOTION TO EITHER:
• Send the parties back for further negotiation, OR
• To adopt the resolutions.
If motion made to adopt resolutions:
Council: Adopt the resolutions in the agenda bill which resolve the impasse and impose
the terms and conditions of the City's last, best and final offer
Carlsbad Firefighters
Association, IAFF Local 3730
and City of Carlsbad
__________________________
2009 MOU Negotiations
Labor Market Comparison
Firefighter Salary ranked 5th out of 14
City’s retirement contribution ranked 12th
out of 14
Source: City Data based on known market through 3/2010
Known Labor Settlements in
2010 Without Second Tier
Retirements
Rancho Santa Fe
Encinitas
Vista
North County Fire Protection District
San Marcos
Escondido
City of Carlsbad Retirement
Contribution Rates
Effective Safety
Date July 1 Employer Rate
1980 18.4%
1981 18.3%
1982 18.3%
1983 27.9% @50 for Safety
1984 26.3%
1985 26.2%
1986 24.6%
1987 22.5%
1988 18.6%
1989 18.8%
City of Carlsbad Retirement
Contribution Rates (CON’T)
Effective Safety
Date July 1 Employer Rate
1990 17.6%
1991 17.9%
1992 19.1%
1993 17.6%
1994 12.8%
1995 12.7%
1996 10.8%
1997 8.3%
1998 8.2%
1999 5.1%
City of Carlsbad Retirement
Contribution Rates (CON’T)
Effective Safety
Date July 1 Employer Rate
2000 3.3%
2001 0.5%
2002 3.5% 3% @ 50 for Police is reflected in the normal cost
2003 9.4% 1/1/04 our Safety rate increased to 15.951% to reflect 3@50 for Fire
2004 27.6%
2005 27.9%
2006 27.6%
2007 28.5%
2008 29.6%
2009 28.4%
2010 28.0%
Carlsbad Retirement
Contribution Rates
1983 -27.9%
2010 -28.0%
Carlsbad’s Fiscal Condition
FY 2009
Assets versus liabilities
19.6721
Total assets for $1.712 billion versus total
liabilities of $87.031 million
Source: FY 2009 Comprehensive Annual Financial Report (CAFR)
City of Carlsbad FY 2009 Total
Net Assets in All Funds
$1.625 billion
$572.764 million non capital (i.e., cash
and/or investments)
51.3% or $297.248 million listed as
unrestricted
Source: FY 2009 CAFR p.35
Carlsbad Fiscal Condition
FY 2009 general fund asset to liability ratio
of:
$6.29 in assets versus $1 in liabilities
Source: FY 2009 CAFR
Carlsbad Fiscal Condition
FY 2009
General fund accumulated surplus and/or
balance on a gap basis
$125,604,953 of which $66,302,207 was
unreserved
Note: $59.3 million of general fund balance
is reserved ($51.6 million) 87% of which
has been reserved for an advance to the golf
course enterprise fund.
Source: FY 2009 CAFR
City of Carlsbad Fiscal
Condition FY 2009
Total general fund balance equal to 125.7%
of FY 2009 expenditures and 111.3% of FY
2009 general fund revenue
Source: FY 2009 CAFR
City of Carlsbad Retirement
Plans, Observation of
John E. Bartel,
City’s Consulting Actuary
February 23, 2010: “No need to go the
second tier unless there is a belief that the
benefits are too high or for political
reasons.”
Contract Proposals by
Carlsbad Firefighters,
IAFF Local 3730
Alternative Proposal #1
Two year term
Upon ratification all employees shall receive advancement
to an additional pay step (5%) and simultaneously
commence paying an additional 7% of member
contribution to CalPERS (total equals 8%)
Two tier benefit based on 2% at age 50 formula in separate
10 year MOU; City to contribute no less than normal cost
and in 10th year bargain over benefit improvements based
on any excess funding.
City Council shall not place charter amendment on ballot.
City shall implement Nationwide/ICMA loan option.
Alternative Proposal #2
Extend current terms and conditions of MOU for one year
until December 31, 2010 except as follows:
Upon ratification all employees shall receive advancement
to an additional pay step (5%) and simultaneously
commence paying an additional 7% of member
contribution to CalPERS (total equals 8%)
City agrees to put before voters charter amendment
requiring majority approval for any change in pension
benefits or deferred compensation for any City employee
effective on or after January 1, 2010.
City shall implement Nationwide/ICMA loan option.
City of Carlsbad
Hearing on Impasse With Carlsbad
Firefighters’ Association Inc.
May 18, 2010
Summary of Meetings
•Began negotiations: 11/23/09
•City declared impasse: 3/26/10
•Impasse meeting with City Manager:
4/30/10
Retirement Benefits
•This impasse is about retirement benefits
•Current retirement benefits are
unsustainable
•Corrections must be made now to ensure
that costs do not inflate further
•Costs are projected to keep going up
because of higher benefits, lower returns
and longer life spans
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
Fiscal Year 1987 1992 1997 2002 2007 2012 2017
Total Retirement Rate Paid by City -FIRE EMPLOYEES
*Estimated rates subsequent to FY10-11 are based on analysis by Bartel & Associates, Inc., using current benefit formula and EPMC
*Estimated
•Currently, firefighters pay only 1% of their
salaries toward their pensions out of a 9%
required payment
•The City pays 8% of salary to make up the
required 9% employee contribution. That
8% is then reported to PERS as
compensation, increasing the retirement
benefits further
•Example –An employee earning a base
salary of $80,000 per year, will have
$6,400 reported to PERS as
compensation for a total of $86,400
•The City also pays approximately 29.6% of
salary to PERS (in FY 2008-09) as an
employer contribution for CFA members
for a total combined rate of 37.6% of an
inflated compensation
•In FY 2001/02, the total combined rate
was approximately 10%
The current retirement formula for
firefighters is 3% @ 50. A firefighter with
30 years experience can retire with a
retirement benefit of 90% of their highest
annual salary, usually in their early 50’s.
Gross Pay
Fire Suppression
All data shown is annual amount
* Additional Pay: holiday pay, bilingual pay, paramedic license pay
** Data as of 12/31/2009
Title
Number of
Employees
Average
Base
Salary
Average
Additional
Pay*
Average
Overtime
Paid**
Average
Gross Pay
PARAMEDIC FIREFIGHTER 36 $72,217 $4,104 $20,835 $97,156
FIRE ENGINEER 18 $77,353 $5,072 $19,887 $102,312
FIRE CAPTAIN 18 $88,244 $6,351 $24,702 $119,297
Annual Cost To The City For CFA
Retirement Benefits in FY 2008-09
•Approximately $2,947,000
Salary Increases in Prior
Fire Two-Year Contract
January
2008
January
2009
Paramedic Firefighter 3.0%3.4%
Fire Engineer 6.08%3.4%
Deputy Fire Marshal 7.76%3.4%
Fire Captain 6.09%3.4%
Note: 41% of CFA, Inc. represented employees are also eligible for an annual 5% step increase
Last, Best and Final City Proposal to FIRE
1-year Contract (1/1/10 –12/31/10)
Change
Effective
Date
2nd Tier 2% @ 50
Retirement 3 year FAE 10/4/2010
Charter amendment
Retirement City pays 0%5/31/2010
Member Contribution Employees pay all 9%
Salary increase None
Employee Only $468/mo
Health "Benefits Credits"Employee + 1 $733/mo 5/31/2010
Paid by City Family $910/mo
Value of Uniform $450/year 5/31/2010
Reported to CalPERS
Estimated Annual Savings $780,000
Estimated Savings of 2nd Tier Formula –FIRE
1Final Average Earnings (FAE) used to calculate retirement benefit
Estimated Savings (thousands)
Year FIRE
2@50
3-yr FAE1
2010/11 $4
2011/12 $9
2012/13 $16
2013/14 $30
2014/15 $49
2015/16 $76
2016/17 $100
2017/18 $126
2018/19 $154
2019/20 $186
Total Over 10 yrs $750
13
Charter Amendment
•“Section 502 Retention of Benefits
Safety employees hired on or after October 4,
2010 (the effective date of the ordinance
amending the City’s contract with CalPERS to
create a second tier of retirement benefits for
safety employees) shall not have their retirement
benefit formula (commonly known as the 2% at
50 years of age formula) increased without an
amendment to this section. The City Council
may reduce this formula as provided in state law
without an amendment to this section.”