HomeMy WebLinkAbout2013-05-28; City Council; 21240; Approval Memorandum Understanding Firefighters CFACITY OF CARLSBAD - AGENDA BILL
AB# 21.240 APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH THE
CARLSBAD FIREFIGHTERS'
ASSOCIATION, INC. (CFA)
DEPT. HEAD
MTG. 5/28/13
APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH THE
CARLSBAD FIREFIGHTERS'
ASSOCIATION, INC. (CFA)
CITY ATTY.
DEPT. HR
APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH THE
CARLSBAD FIREFIGHTERS'
ASSOCIATION, INC. (CFA) CITY MGR. '^C^
RECOMMENDED ACTION:
Adopt Resolution No. 2013-122 approving a Memorandum of Understanding with the Carlsbad
Firefighters' Association, Inc. (CFA).
ITEM EXPLANATION:
Representatives ofthe City and the Carlsbad Firefighters' Association, Inc. (CFA) have met and
conferred in good faith and have reached an agreement regarding wages, hours and other
terms and conditions of employment for represented employees. The Memorandum of
Understanding (MOU) with CFA includes the following provisions:
• TERM: January 1, 2013 to December 31, 2013
• COMPENSATION ADJUSTMENTS: Effective the first full pay period following City
Council approval of this MOU, all CFA represented employees will receive a three percent
(3%) salary increase.
• FLEXIBLE BENEFITS PROGRAM: Set the City's health insurance contribution for each
coverage level effective June 10, 2013 to the following amounts:
Employee Only = $657/month (no increase)
Employee + 1 = $971/month (increase of $44/month)
Employee + 2 or more = $1,161/month (increase of $53/month)
Employees Opting Out = $250/month (increase of $11/month)
For the remainder of the 2013 calendar year, the increase in benefit credits outlined in this
section will be paid to the employee in cash and reported as taxable income.
If an employee does not use all of their City health contribution dollars, called "Benefit
Credits," to pay for their health insurance, any unused Benefit Credits will be paid to the
employee as taxable cash.
During the open enrollment period in 2013, CFA employees will no longer be required to
select dental insurance at the same coverage level as their medical insurance; and they
will be allowed to apply their Benefit Credits towards the optional purchase of Accidental
Death & Dismemberment insurance.
DEPARTMENT CONTACT: Debbie Porter 760-602-2441 Debbie.Porter@Carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
• HOLIDAYS: Upon ratification of this MOU, Lincoln's birthday will no longer be designated
as a holiday for CFA employees.
• POST-RETIREMENT HEALTHCARE TRUST: The City and CFA agree that CFA will
contract directly with a company of its choosing to provide post-retirement healthcare trust
benefits for all represented employees. All CFA-represented employees will contribute
$100 per month into the post-retirement healthcare trust via payroll deductions as soon as
administratively possible after ratification of this MOU. The City will not make any
contributions to the post-retirement healthcare trust.
• Language changes to be incorporated into the MOU between the City and CFA are
outlined in Exhibit 2.
FISCAL IMPACT:
The estimated annual cost of the 3% base salary increase effective upon ratification is
$307,000, which includes salary and related benefits.
The estimated annual cost of increasing the Health Benefit Credits effective upon ratification
is $30,000.
The General Fund impact in FY 2012-13 ofthe increase to base salary and health benefit
credits is approximately $18,000 and is requested to be funded from Council Contingency.
Future fiscal year impacts will be reflected during the annual budget process.
The elimination of Lincoln's birthday as a holiday will result in a savings of approximately
$35,000 per year related to the additional pay CFA-represented employees receive in lieu of
time off on a holiday. This savings will be reflected in the Fiscal Year 2013-14 Adopted
Budget.
There is no fiscal impact associated with the non-economic items outlined above.
ENVIRONMENTAL IMPACT:
The proposed action does not qualify as a "project" under the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or
reasonably foreseeable indirect physical change in the environment.
EXHIBITS:
1. Resolution No. 2013-122 adopting the Memorandum of Understanding between the City of
Carlsbad and the Carlsbad Firefighters' Association, Inc. (CFA)
2. Memorandum of Understanding between the City of Carlsbad and the Carlsbad
Firefighters' Association, Inc. (CFA), including Attachment A, CFA Salary Schedule.
3. Strike-out copy of the Memorandum of Understanding Between the City of Carlsbad and
the Carlsbad Firefighters' Association, Inc. (CFA)
EXHIBIT 1
1 RESOLUTION NO. 2013-122
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM
3 OF UNDERSTANDING BETWEEN REPRESENTATIVES
OF MANAGEMENT AND THE CARLSBAD
FIREFIGHTERS' ASSOCIATION, INC. (CFA)
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6 WHEREAS, representatives of management and the Carlsbad Firefighters
7 Association, Inc. (CFA) have met and conferred in good faith pursuant to the Meyers-
^ Milias-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 (MOU)
marked Exhibit 2 and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
16 Carlsbad, California, as follows:
17 1. That the above recitations are true and correct.
18 2. That the Memorandum of Understanding between Carlsbad Firefighters'
Association, Inc. (CFA) and the City of Carlsbad as set forth in Exhibit 2 is hereby
approved as executed by the City Manager.
3. That the Salary Schedule for CFA-represented employees as set forth in
Attachment A of Exhibit 2 is hereby approved.
4. That the City Council authorizes the Finance Director to transfer $18,000
from Council Contingency to the General Fund to be used to provide for the portion of
26 the increase to salary and health benefit credits that occurs in Fiscal Year 2012-13.
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1 5. That funding for future year increases described in the MOU will be
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 28th day of May 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn, Douglas.
None.
ABSENT: None.
ATTEST:
LESON,<0ty Clerk
Exhibit 2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
Term: January 1,2013- December 31,2013
TABLE OF CONTENTS
Preamble Page 1
Article 1 Recognition Page 1
Article 2 Implementation Page 1
Article 3 Term Page 1
Article 4 Renegotiation Page 1
Article 5 Retention of Benefits Page 2
Article 6 City Rights Page 2
Article 7 No Strike and No Lockout Page 2
Article 8 Compensation Adjustments Page 3
Article 9 Bereavement Leave Page 3
Article 10 Long Term Disability Page 4
Article 11 Annual Vacation Leave Page 4
Article 12 Sick Leave Accrual Page 6
Article 13 Bilingual Pay Page 7
Article 14 Linen Provision, Maintenance, and Replacement Page 7
Article 15 Flexible Benefits Program Page 7
Article 16 Holidays Page 10
Article 17 Retirement Benefits Page 11
Article 18 Provision of 1959 PERS Survivors' Benefit Page 11
Article 19 Overtime and Compensatory Time Page 12
Article 20 Flexible Work Schedules for Deputy Fire Marshal Page 13
Article 21 Americans With Disabilities Act Page 14
Article 22 Family Leave Act Page 14
Article 23 Discipline of Employee Page 14
Article 24 Grievance Procedure Page 16
Article 25 Alcohol and Drug Policy Page 20
Article 26 Authorized Agents Page 24
Article 27 Full Understanding, Modification, Waiver Page 25
Article 28 Provisions of Law Page 26
Article 29 Paramedic License Pay Page 26
Article 30 Reporting Value of Uniforms to CalPERS Page 26
Article 31 Acting Pay Page 26
Article 32 Deferred Compensation Page 26
Article 33 Leave of Absence Page 27
Article 34 Military Leave Page 30
Article 35 Jury Duty Page 30
Article 36 Life Insurance and Voluntary Benefits Page 30
Article 37 Probationary Period Page 31
Article 38 Post-Retirement Healthcare Trust Page 31
Article 39 Outsourcing Page 31
7
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 or
"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. In cases where there is a conflict between this
Memorandum and the Carlsbad Fire Department Directives, this Memorandum shall prevail.
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, 2013, through December 31, 2013.
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. During the term of
this Memorandum, the parties agree to meet and confer upon request of the other party to discuss
additional changes to this Memorandum required by implementation of the HCMS payroll
software system.
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, and other matters which fall within
the scope of representation, such as, but not limited to, material modifications to
personnel rules and Fire Department directives, before taking any action
impacting employees within the bargaining unit.
• Management Rights:
The City's decisions regarding staffing levels, station closures, layoffs,
reorganization, contracting out bargaining unit work to third parties, 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; contract out, after meeting and conferring over decision and effects,
bargaining unit work to third parties; maintain the efficiency of govemmental 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.
'I
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 Memorandum, 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 retum 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
8.1 Effective the first full pay period following Council approval of this MOU, the City shall
implement an across the board base salary increase of three percent (3%) for all represented
classifications.
Any step increases granted shall be effective on the employee's anniversary date or date of
promotion.
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 accmed vacation or sick leave or,
when no accmed leave is available, treated as leave without pay.
The "immediate family" shall be defined as: a spouse, domestic partner, child, grandchild,
member of immediate household, sibling, parent, or grandparent whether biological, foster, step,
adopted, or in-law. It also includes any person who has served in place of a parent to the
employee, or any person for whom the employee has served in place of a parent. The term
"child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a
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domestic partner, or a child of a person standing in loco parentis. The term "parent" means a
biological, foster, or adoptive parent, a stepparent, or a legal guardian.
The employee may be required to submit proof of the family member's death before being
granted bereavement leave.
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 all represented employees at the employee's cost.
ARTICLE 11. ANNUAL VACATION LEAVE
A. Basis of Accmal
The City and CFA, Inc., agree to continue the following annual vacation leave schedule for
all employees working a 112 hours/pay period schedule:
Less than 5
5
10
11
12
13
15
through
through
through
through
through
or more
9.99
10.99
11.99
12.99
14.99
fiill calendar
ftill calendar
full calendar
full calendar
full calendar
ftill calendar
fiill calendar
years
years
years
years
years
years
years
of continuous
of continuous
of continuous
of continuous
of continuous
of continuous
of continuous
service -21 minutes/day
service -32 minutes/day
service -34 minutes/day
service -36 minutes/day
service -38 minutes/day
service -40 minutes/day
service -42 minutes/day
The City and CFA, Inc., agree to continue the following annual vacation leave schedule for
all employees working an 80 hours/pay period schedule:
Less than 5
5 through 9.99
10 through 10.99
11 through 11.99
12 through 12.99
13 through 14.99
15 or more
full calendar years
full calendar years
full calendar years
fiill calendar years
full calendar years
full calendar years
full calendar years
of continuous
of continuous
of continuous
of
of
of
of
service
service
service
continuous service
continuous service
continuous service
continuous service
-13 minutes/day
-20 minutes/day
-21 minutes/day
-22 minutes/day
-24 minutes/day
-25 minutes/day
-26 minutes/day
Vacation leave is accmed on a daily basis,
increments.
Vacation leave can be used in 15 minute
B. Vacation Accmal Maximum
All employees working a 112 hours/pay period schedule shall be entitled to earn and
accme 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 eam and accme
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 eam and
accme 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 eam and accme
vacation hours in excess of the three hundred and twenty (320) hour maximum.
Department Heads will encourage the taking of accmed vacation leave. If there are
unusual circumstances that would require an employee to exceed the vacation accmal
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 Febmary, 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 accmed vacation to cash,
provided that they have used at least one hundred twelve (112) hours of vacation during
the prior calendar year.
Each Febmary, 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 accmed vacation to cash, provided that they
have used at least eighty (80) hours of vacation during the prior calendar year.
D. Effects of Holidav 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 Accmal of Vacation Leave
An employee's accumulation of vacation leave will cease after the completion of two (2)
ftill scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accmal will be reinstituted beginning the day the
employee returns to work.
F. Compensation for Citv 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. All vacation requests must be placed in Telestaff
prior to 1700 hrs the day before the leave period. 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 accmed
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 accme sick leave at a
rate of 25 minutes per day. All other employees shall be entitled to accme sick leave at a rate of
16 minutes per day. Sick leave is accmed on a daily basis. Sick leave can be used in 15 minute
increments.
A. Use of Sick Leave
Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick
leave shall be allowed as follows:
I. In the case of actual illness or disability.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
3. A pre-scheduled doctor, dental, or optometry appointment has been entered into
and allowed by Telestaff.
4. Because illness of a member of the immediate family requires constant care and
no other care is available and/or financially feasible except that of the employee.
Immediate family is defined in the Personnel Rules.
5. All leave provisions will be administered consistent with state and federal laws.
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B. Proof of Illness
The Fire Chief may request a certificate issued by a licensed physician or other
satisfactory proof of illness when abuse is suspected and/or when sick leave use is in
excess of three (3) consecutive work days. The Fire Chief may also designate a licensed
physician to conduct a physical examination, and such examination shall be conducted at
City expense. Employees shall be required to account for all hours they are requesting as
sick leave via Telestaff Violation of sick leave privileges may result in disciplinary
action and/or loss of pay when, in the opinion of the Fire Chief, the employee has abused
such privileges.
C. Effect of Leave of Absence
An employee's accumulation of sick leave will cease after the completion of two (2) fiill
scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accmal will be reinstituted upon retum to work.
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 fiiture 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 accoimts (FSAs). Each of these components is outlined below.
Medical Insurance
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 Califomia Public Employees'
Retirement System (CalPERS).
If electing to enroll for medical benefits, the employee must select one medical plan from
the variety of medical plans offered through CalPERS. Effective the first full pay period
following City Council approval of this Memorandum, prospectively only, 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) contribution of some or all of the premium for
dental coverage and/or vision coverage and 3) contributions in the name of the employee
to the City's flexible spending account(s):
(a) For employees with "employee only" coverage, the City shall contribute six
hundred fifty-seven ($657) 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 nine hundred seventy one ($971) per month (increased from $927 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 one thousand one hundred sixty one ($1,161) per month
(increased from $1,108 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.
For the remainder of the 2013 calendar year, the increase in benefit credits outlined in
this section will be paid to the employee in cash and reported as taxable income.
B. Beginning the first full pay period following City Council approval of this Memorandum,
prospectively only, unused Benefits Credits as outlined above will be paid to the
employee in cash and reported as taxable income. If the amount contributed by the City
(Benefits Credits) exceeds the cost of the medical and dental insurance purchased by the
employee, the employee will have the option of using any "excess credits" to purchase
vision insurance or to contribute to a healthcare or dependent care flexible spending
account (FSA). During the open enrollment period that occurs in 2013 the employee will
IT
also have the opportunity to use any "excess credits" to purchase accidental death and
dismemberment (AD&D) insurance. Open enrollment benefit elections are implemented
the following calendar year.
C. Dental Insurance
Represented employees will be eligible to enroll in a City-sponsored dental plan. Should
an employee elect to enroll for medical benefits, he/she must also enroll in dental
coverage at the same coverage level (employee only, employee plus one dependent,
employee plus two or more dependents) as medical insurance.
Beginning with the open enrollment period that occurs in 2013, the employee will have
the option of selecting any dental coverage level regardless of the employee's selected
medical coverage. Open enrollment benefit elections are implemented the following
calendar year.
Vision Insurance
Represented employees are eligible to enroll in the City sponsored vision insurance plan.
Employees may elect to purchase vision insurance or to opt out of the vision insurance
program. If the decision is made to purchase vision insurance, a represented employee
may purchase vision insurance at any level of coverage (employee only, employee plus
one dependent, employee plus two or more dependents).
D. Retirees
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 Califomia
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.
Employees who retire from the City, either service or disability, shall be eligible to
continue to participate in the City's dental and/or vision insurance programs. The cost of
such dental and/or vision insurance for the retiree and eligible dependents shall be borne
solely by the retiree. The City shall not charge the COBRA administrative cost to the
retirees. A retiree who does not choose continued coverage upon retirement, or drops
coverage, is only eligible to retum to the City's dental and vision insurance program
during open enrollment periods.
The City will invoice the retiree for his/her monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
E. Opt Out Provision
CFA represented employees who do not wish to participate in the CalPERS Health
Program will have the choice of opting out of the City's medical insurance program,
provided they can show that they are covered under another insurance program.
Effective the first full pay period after ratification of this MOU (prospectively only),
employees who elect the opt-out provision will be given a reduced City contribution
amount (Benefits Credits) of two hundred fifty ($250) per month (increased from $239
per month) to be used toward the purchase of dental insurance, vision insurance, or as a
contribution to a flexible spending account (or, during the 2013 open enrollment period,
to elect to use those benefit credits toward the purchase of accidental death and
dismemberment (AD&D) insurance). The City contribution amount of two hundred fifty
($250) per month will be granted to any employee who elects to opt out of the CalPERS
Health Program, regardless of the employee's level of coverage (employee only,
employee plus one dependent, employee plus two or more dependents).
Beginning the first full pay period following City Council approval of this Memorandum,
prospective only, unused Benefits Credits will be paid to the employee in cash and
reported as taxable income.
ARTICLE 16. HOLIDAYS
The City shall observe the following scheduled paid holidays, consistent with the aimual holiday
schedule published by the Human Resources Department:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving
Thanksgiving Friday
Christmas Day
One (1) Floating Holiday
Employees working a 112 hours/pay period schedule shall be compensated for twelve (12) hours
of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday
occurs. The holiday pay associated with the floating holiday will be compensated on April 15
for those employees who are employed with the City on that day.
Employees in Fire Prevention working an 80 hours/pay period schedule will observe the
scheduled paid holidays listed above, and will be allowed to use the floating holiday at the
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discretion of the employee upon prior approval of the Department Head. Only employees who
are on paid status on their scheduled work day immediately before a holiday shall be entitled to
the paid holiday.
ARTICLE 17. RETIREMENT BENEFITS
17.1 The City has contracted with CalPERS for the following retirement benefits:
• Safety Tier 1 - (employees entering safety membership for the first time prior to October
4, 2010) - The retirement formula shall be 3% @ 50; single highest year final
compensation.
• Safety Tier 2 - (employees entering safety membership for the first time on or after
October 4, 2010) - The retirement formula shall be 2% @ 50; three year average final
compensation.
Employees who are "New Members" as defined by the Califomia Public Employees' Pension
Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been
a CalPERS member or member of a reciprocal system or who has had a break in CalPERS
service of at least 6 months or more) will constitute a third tier and be subject to all the
applicable PEPRA provisions, which include but are not limited to the following retirement
benefits:
• Safety Tier 3 - The retirement formula shall be 2.7% @ 57; three year average final
compensation.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Tier 1 and Tier 2 safety employees shall pay all of the employee retirement
contribution (9%).
• Tier 3 safety employees shall pay one half of the normal cost rate associated with the
3''^ tier.
17.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the City
will report the value of the EPMC as additional (special) compensation to CalPERS for all local
fire employees designated as "classic CalPERS members."
ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS' BENEFIT
The City agrees to provide the Fourth Level of the 1959 Survivors' Benefit.
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ARTICLE 19. OVERTIME AND COMPENSATORY TIME
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.
A. EMPLOYEES WORKING A 112 HOUR/PAY PERIOD SCHEDULE:
1. Overtime
In accordance with section 7(k) of the Fair Labor Standards Act, the official 7-day
work period for employees who work a 112 hour/pay period schedule begins on
Monday at 7:30a.m. and ends the following Monday at 7:29a.m.
Any employee required to perform in excess of 53 hours in a 7 day cycle and/or in
excess of an employee's normal scheduled shift shall receive compensation at the
rate of time and one-half his/her regular rate of pay.
The regular rate of pay shall be calculated in conformance with the FLSA.
B. EMPLOYEES WORKING AN 80 HOURS/PAY PERIOD SCHEDULE:
1. Overtime
The official 7-day FLSA work week for employees on a 9/80 Friday to Friday
shift begins four (4) hours after the regularly scheduled starting time for their
Friday shift and ends one hundred sixty eight (168) hours later (at four (4) hours
after the regularly scheduled starting time for their Friday shift). For all others
who work an 80 hour/pay period schedule the FLSA work week is from Monday
at 12:00 a.m. to Sunday at 11:59 p.m.
Any employee required to perform in excess of 40 hours in their 7 day FLSA
work week or in excess of an employee's normal scheduled day shall receive
compensation at the rate of time and one-half his/her regular rate of pay except as
outlined in Section 3 below.
The regular rate of pay shall be calculated in conformance with the FLSA.
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2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, a Fire Prevention
employee may elect, subject to department approval, to receive compensatory
time off on a time and one-half basis. No employee shall accme more than 80
hours of such compensatory time. Should any employee exceed 80 hours of
accmed 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
dismpt the operations of the department.
An employee may elect to "cash out" any portion of his/her accmed
compensatory time at his/her regular rate of pay in any pay period. The employee
shall indicate the number of hours to be cashed out on his/her timesheet..
3. Request for Temporary Shift Adjustment (Flex Time)
An employee on an 80-hour shift may request that the employee's normal
workday be temporarily altered in order to accumulate a credit of work hours that
may be used to take time off during the employee's FLSA work week without
loss of pay. If the request is approved by management, pay for hours worked
during this temporary shift adjustment shall be paid at the straight time rate even
if the employee's hours worked exceed his/her normal scheduled shift on that day.
Overtime will still be paid if the employee works in excess of 40 hours during
his/her FLSA work week.
ARTICLE 20. FLEXIBLE WORK SCHEDULES
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.
Suppression employees temporarily assigned to light duty will be assigned to the 9/80 work
schedule referenced below or a traditional 5/40 work schedule. 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. 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.
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ARTICLE 21. 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 22. 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 23. DISCIPLINE OF AN EMPLOYEE
23.1 The City may discipline a regular employee for just cause. In the case of disciplinary
action involving suspension without pay, 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.
23.2 Except as provided in Section 23.3, 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 Califomia 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 Califomia 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 attomey fees and preparation of documents.
23.3 A probationary employee (entry level or promotional) rejected during the probationary
period shall not be entitled to appeal such rejection to the Hearing Officer.
23.4 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.
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23.5 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.
23.6 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.
23.7 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 attomey 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 decomm 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 mles 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.
23.8 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
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.
23.9 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.
23.10 A. Grounds For Discipline
The City has the authority to impose appropriate discipline upon any represented
employee for cause. Discipline shall be commensurate with the seriousness of the
offense and with consideration of the employee's prior performance and disciplinary
record. Grounds for discipline may include but are not limited to the following:
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(1) Fraud in securing employment including untmthfulness, misrepresentation or
omission of information.
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,
working unauthorized overtime, public disclosure of privileged information or
dishonesty.
(3) Failure to maintain certification and licenses required by law or the Fire
Department.
(4) Being under the influence of alcohol or intoxicating dmgs while on duty.
(5) Unauthorized absence without leave.
(6) Criminal conviction having some relevance to the job.
(7) Intentionally being discourteous to the public.
(8) Unauthorized use of or neglect of City property.
(9) Abuse of sick leave.
(10) Unauthorized outside employment that constitutes a conflict of interest.
(11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
(12) Falsification of any City report or record.
(13) Willful violation of any of the provisions of the City Code, ordinances,
resolutions or any mles, regulations or policies which may be prescribed by the
City Council, City Manager, Fire Chief, or supervisor.
(14) Political activities precluded by State or Federal law.
(15) Other acts that are incompatible with service tp the public.
(16) Failure to respond to questions or otherwise fail to participate during an
investigation conducted by the City or its agents.
The City will abide by the Firefighters Bill of Rights.
ARTICLE 24. GRIEVANCE PROCEDURE
24.1 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.
24.2 Reviewable and Non-Reviewable Grievances
24.2.1 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.
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(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.
24.2.2 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 mles of the City of Carlsbad (See, e.g.. Article 24
Discipline), such as:
(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.
24.3 Special Grievance Procedure Provisions: The following special provisions apply to
the grievance procedure.
24.3.1 Procedure for Presentation: In presenting a grievance, an employee
shall follow the sequence and the procedure outlined in Section 25.4 of
this procedure.
24.3.2 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.
24.3.3 Prescribed Form: The written grievance shall be submitted on a form
prescribed by the Human Resources Director for this purpose.
24.3.4 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.
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(d) The relief sought.
24.3.5 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.
24.3.6 Interested Parties: Interested parties may provide information during
the hearing of the grievance at any step of the grievance procedure.
24.3.7 Handled During Working Hours: Whenever possible, grievances will
be handled during regularly scheduled working hours.
24.3.8 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.
24.3.9 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.
24.3.10 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.
24.3.11 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.
24.4 Grievance Procedure Steps: The following procedure shall be followed by an
employee submitting a grievance for consideration and action.
24.4.1 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.
24.4.2 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
24.4.3 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.
24.4.4 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.
24.4.5 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.
24.4.6 Any of the above steps may be waived by mutual agreement of the
parties.
24.4.7 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 Califomia 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 Califomia 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
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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 attomey fees and preparation
of documents.
ARTICLE 25. 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 dmgs and alcohol consistent with the
directives of the Dmg Free Workplace Act. The City of Carlsbad agrees to use a
clinical laboratory which is certified by the National Institute on Dmg 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. "Dmg" 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 dmgs 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:
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a. not engage in the unlawful manufacture, distribution,
dispensation, possession or use of alcohol or dmgs nor be under
the influence of alcohol or dmgs in the workplace or while on-
call;
b. submit to an alcohol and dmg 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 dmg 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 must notify their supervisors when taking any medication
or dmgs, 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 dmg 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 dmg-free
workplace, the City reserves the right to search, with notice to the
employee or if no prior notice, in the employee's presence, 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. Employees shall have no
expectation of privacy in these areas, locations or properties.
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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.
If the FBOR (Government code section 3259) is applicable to a particular
search, then the City will comply with the Act notwithstanding anything to
the contrary in this article. For example, the City may conduct searches
without notice to the employee or without the employee being present, if a
valid search warrant has been obtained. The employee may also consent
to a search.
Nothing herein shall prevent the City from taking appropriate action if
there is an inadvertent discovery of evidence of dmg or alcohol use.
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 Califomia 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-employment Dmg and Alcohol Analysis
1. Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a dmg 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 dmgs or alcohol will be
rejected for City employment.
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B. Employee Dmg and Alcohol Analysis
1. If a manager or supervisor of the City has reasonable suspicion that an
employee is under the influence of dmgs 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 dmg 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 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 dismptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
f ^ attributable possession of alcohol or dmgs;
g. information obtained from a reliable person with personal
knowledge that would lead a reasonably pmdent supervisor to
believe that an employee is under the influence of alcohol or
dmgs;
3. Refusal to remain on the premises or to submit to a dmg 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.
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5 .-s
4. A dmg and alcohol analysis may test for the presence of any dmg
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 dmg 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 dmg
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.
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 dmg problem can call the EAP office and arrange for an
appointment with a counselor.
B. Employees who are concerned about their alcohol or dmg 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 26. 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, Califomia 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: P.O. Box 945, Carlsbad, Califomia 92018-0945; Telephone:
(760) 729-3730; Email: iafflocal3730@aol.com.
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ARTICLE 27. 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.
C. Failure by CFA, Inc. to request consultation or negotiations pursuant to Paragraph B shall
be deemed as approval of any action taken by the City.
D. 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.
E. 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.
25
ARTICLE 28. 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, mles 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.
ARTICLE 29. PARAMEDIC LICENSE PAY
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 30. 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. Under
PEPRA, this benefit does not apply to new members.
ARTICLE 31. ACTING PAY
Whenever the needs of the City require an employee to temporarily perform the duties of a
higher classification than that in which the employee is currently employed for a period of four
(4) hours or more, the employee shall receive 5% additional pay while in the acting capacity.
Only employees who are on an Eligibility List (maintained by the Human Resources Dept) for
the higher classification or employees who have completed an Acting Position Taskbook (as
described in the Fire Department Directives) are eligible to serve in an acting capacity. The CFA
and the City agree that during the term of this Memorandum, CFA and Fire Department
management shall meet and confer on the issue of the specific provisions of the Acting Position
Taskbook.
An employee may not serve in an acting capacity for more than six (6) months without prior
approval from the Fire Chief
ARTICLE 32. DEFERRED COMPENSATION
The City shall provide for a Deferred Compensation Plan which may be utilized by any
employee on an optional basis. The City reserves the right to accept or reject any particular plan
(current providers are ICMA and Nationwide) and to impose specific conditions upon the use of
any plan. Such plan shall be implemented without cost to the City.
As soon as administratively possible, CFA-represented employees will be eligible for the
personal loan provision established with Nationwide deferred compensation provider only. It is
26
acknowledged that the City will assist in the administrative set-up of this benefit but that the City
has no liability if an employee should default on the repayment of such loan.
ARTICLE 33. LEAVE OF ABSENCE
33.1 Occupational Inj uries or Illnesses
33.1.1 Employees in the classifications of Firefighter, Paramedic Firefighter, Fire
Engineer, Fire Captain and Captain Specialist who are temporarily unable
to work due to an occupational illness or injury will receive full pay for up
to one year as provided in Section 4850 of the Labor Code ("4850
benefits"). The employee may not receive 4850 benefits concurrently
with sick leave or any other form of paid time off
All non-suppression classifications that sustain a work related injury or
illness and becomes temporarily disabled from work as a result, may
receive their full salary, in lieu of the State mandated temporary disability
benefit, for a period of up to forty-five (45) calendar days for any single
incident. The periods of temporary disability need not be continuous.
Any aggravation of a pre-existing occupational injury or illness will be
treated as such and not as a new injury. In this situation, the employee
will not be entitled to any occupational sick leave benefit which exceeds
the original maximum of forty-five (45) calendar days. The City reserves
the right to determine whether occupational sick leave will be granted.
Granting of occupational sick leave will be subject to the same procedures
and standards (including predesignated physicians, resolution of disputes
over benefits, use of Agreed Medical Examiners, etc.) as used in workers'
compensation matters and/or FMLA/CFRA matters.
If the employee continues to be unable to work after the above described
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability
payments as provided in the Labor Code. To the extent these benefits are
less than the employee's full regular pay, the employee shall supplement
them by using accmed sick leave, vacation, and/or compensatory time to
reach the amount equal to the employee's full regular pay until the
employee's leave balances reach zero, at which time the employee would
commence an unpaid leave of absence.
33.2 Non-Occupational Injuries or Illnesses
33.2.1 An employee who is temporarily unable to work due to a non-
occupational illness or injury will receive those disability benefit
payments for which the employee is eligible and applies. To the extent
that these benefits are less than the employee's full regular pay, the
employee shall supplement them by using accmed sick leave, vacation.
27
and/or compensatory time to reach the amount equal to the employee's
full regular pay until the employee's leave balances reach zero, at which
time the employee would commence an unpaid leave of absence.
33.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the
same manner as leaves of absence for non-occupational illnesses or
injuries, subject to the pregnancy disability provisions of the Califomia
Fair Employment and Housing Act.
33.3 To the extent permitted by law, a leave of absence under this article will mn concurrently
with any leave of absence an employee is entitled to receive under the Califomia Family
Rights Act or the federal Family and Medical Leave Act.
33.4. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of the Fire Chief for less than two calendar weeks. If the duration of the
leave of absence will be longer, the approval of the City Manager or his/her
designee is required.
An employee shall utilize all his/her vacation, compensatory time off and/or sick
leave (if applicable) prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
2. To take a course of study which will increase the employee's usefulness
on retum to his/her position in the City service.
3. For personal reasons acceptable to the Fire Chief and City Manager.
B. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin,
the probable date of retum, and the agreement to reimburse the City for any
benefit premiums paid by the City during the leave of absence. The request shall
normally be initiated by the employee, but may be initiated by the Fire Chief, and,
if applicable, shall be promptly transmitted to the City Manager or his/her
designee for approval. A copy of any approved request for leave of absence
without pay with a duration equal to or greater than two calendar weeks shall be
delivered promptly to the Directors of Finance and Human Resources.
28
5 <•
C. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six
months, unless otherwise approved by the City Manager. The procedure for
granting extensions shall be the same as that in granting the original leave
provided that the request for extension is made no later than fourteen (14)
calendar days prior to the expiration of the original leave.
D. Retum From Leave
When an employee intends to retum from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans
to retum. The Department Head shall promptly notify the Human Resources
Department of the employee's intention. The employee shall retum at a rate of
pay not less than the rate at the time the leave of absence began.
E. Effect of Leave Without Pay
A prorata reduction of normal aimual vacation and sick leave accmals shall be
applicable to an approved absence without pay. Any absence without pay
constitutes a break of continuous service with the City. The granting of any leave
without pay exceeding two. full scheduled pay periods shall cause the employee's
salary anniversary date and calculation of full-time continuous service to be
extended by the number of calendar days for which such leave has been granted
less the first two full pay periods of such leave.
An employee's accumulation of sick leave and 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. Accmal will be
reinstituted beginning the first day the employee has retumed to work.
F. Leave Without Pay - Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits
by reimbursing the City for the employee's costs of insurance on a monthly basis
during the period of the leave. Failure to reimburse the City for such benefits
during the term of a leave of absence will result in the employee's coverage
terminating on the first day following the month in which the last payment was
received.
Upon the employee's retum to paid status, any sums due to the City shall be
repaid through payroll deductions. This applies to sums due for insurance as well
as other payment plans entered into between the City and the employee (e.g.,
computer loan).
29
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees.
G. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance
with the provisions of State and Federal law. An employee disabled by pregnancy
shall be allowed to utilize a combination of accmed sick leave, vacation,
compensatory time and leave without pay to take a leave for a reasonable period
of time, not to exceed four months. An employee shall utilize all accmed leave,
except compensatory time off, prior to taking leave without pay. Reasonable
period of time means that period during which the employee is disabled on
account of pregnancy, childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice of the date the leave shall commence and the estimated duration
of the leave.
ARTICLE 34. MILITARY LEAVE
Military leave shall be authorized in accordance with the applicable provisions of State and
Federal law. The employee must fiimish satisfactory proof to the Fire Chief, as far in advance as
possible, that he/she must report to military duty.
ARTICLE 35. JURY DUTY
When called to jury duty, an employee, having provided at least five working days written notice
from the date of the summons, shall be entitled to his/her regular compensation. Employees
shall be entitled to keep mileage reimbursement paid while on jury duty. The Fire Chief may, at
his/her sole discretion, contact the court and request an exemption and/or postponement of jury
service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
ARTICLE 36. LIFE INSURANCE AND VOLUNTARY BENEFITS
All CFA-represented employees shall receive City paid life insurance in an amount equal to one
times their basic yearly earnings. To determine the benefit, the amount of insurance is rounded
to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
30
2 3> )
The City provides various voluntary benefits available at the employee's cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the
Human Resources Department at 760-602-2440.
ARTICLE 37. PROBATIONARY PERIOD
37.1 The initial hire probationary period shall be one year from the date the employee is hired.
The probationary period will permit both the supervisor and the employee to become
acquainted and to determine the adaptability and the fitness of the employee to the
assigned work. The employee will find this period helpful in evaluation of the City,
his/her duties, his/her work and other satisfaction.
37.2 All personnel promoted within the Department shall be on probation in the promotional
position for a period of one year from the date of promotion. Failure to pass probation
shall result in employee being put back to their prior position.
ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST
The City and CFA, Inc. agree that CFA, Inc. will contract directly with a company of its
choosing to provide post-retirement healthcare trust benefits for all represented employees. All
CFA represented employees will contribute $100 per month into the post-retirement healthcare
tmst established by CFA, Inc. via payroll deductions. As soon as administratively possible after
ratification of this MOU and submission to the City by CFA, Inc., of the fully executed contract,
the City will begin employee paid payroll deductions related to this benefit. CFA, Inc.,
acknowledges that the City has no administrative responsibilities or liabilities related to this
benefit, other than processing of payroll deductions as described above. The City will not make
any contributions to the post-retirement healthcare tmst. CFA, Inc. shall hold the City harmless
for the City's actions related to this Article, and indemnify the City against any liability the City
incurs as a result of this Article, including but not limited to, its agreement to allow CFA, Inc., to
participate in a post-retirement healthcare tmst and/or the City's processing of payroll deductions
as set forth above.
ARTICLE 39. OUTSOURCING
The City and CFA agree that the City may contract with public and private entities or individuals
to perform any or all plan check activities except the final step in the plan checking process.
CFA agrees that the City may contract out these services without meeting and conferring with
CFA over the decision to contract these services or the effects of that decision.
31
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives
to execute this Memorandum of Understanding the day, month, and year first above written.
CITY OF CARLSBAD
Dkte JOHN COATES, City Manager
Approved as to form:
CELIA BREWER, City Attomey ate
PHTERS' ASSOCIATION, INC
— 5)
' /Date KEN SUGAHARK,\President
32
CARLSBAD FIRE DEPARTMENT
BIWEEKLY SALARY SCHEDULE
Effective 6/10/2013
Attachment A
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE
35 $2,250.54 $2,363.09 $2,481.26 $2,605.28 $2,735.59 35
36 $2,276.26 $2,390.09 $2,509.59 $2,635.07 $2,766.82 36
37 $2,503.43 $2,628.61 $2,760.02 $2,898.04 $3,042.94 37
41 $2,609.42 $2,739.90 $2,876.90 $3,020.74 $3,171.77 41
42 $2,635.52 $2,767.30 $2,905.66 $3,050.94 $3,203.49 42
43 $2,661.62 $2,794.70 $2,934.45 $3,081.14 $3,235.22 43
45 $3,086.73 $3,241.07 $3,403.12 $3,573.27 $3,751.92 45
49 $3,395.44 $3,565.18 $3,743.46 $3,930.57 $4,127.12 49
CLASSIFICATION RANGE
FIREFIGHTER 35
FIRE PREVENTION SPECIALIST I 36
FIRE PREVENTION SPECIALIST II 37
PARAMEDIC FIREFIGHTER 41
FIRE ENGINEER 42
DEPUTY FIRE MARSHAL 43
FIRE CAPTAIN 45
CAPTAIN SPECIALIST 49
^0
Exhibit 3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
Term: January 1,30122013- December 31,20122013
TABLE OF CONTENTS
Preamble Page 1
Article 1 Recognition Page 1
Article 2 Implementation Page 1
Article 3 Term Page 1
Article 4 Renegotiation Page 2
Article 5 Retention of Benefits Page 2
Article 6 City Rights Page 2
Article 7 No Strike and No Lockout Page 3
Article 8 Compensation Adjustments Page 3
Article 9 Bereavement Leave Page 3
Article 10 Long Term Disability Page 4
Article 11 Annual Vacation Leave Page 4
Article 12 Sick Leave Accmal Page 6
Article 13 Bilingual Pay Page 7
Article 14 Linen Provision, Maintenance, and Replacement Page 7
Article 15 Flexible Benefits Program Page 7
Article 16 Holidays Page 10
Article 17 Retirement Benefits Page 10
Article 18 Provision of 1959 PERS Survivors' Benefit Page 11
Article 19 Overtime and Compensatory Time Page 11
Article 20 Flexible Work Schedules for Deputy Fire Marshal Page 13
Article 21 Americans With Disabilities Act Page 13
Article 22 Family Leave Act Page 13
Article 23 Discipline of Employee Page 13
Article 24 Grievance Procedure Page 15
Article 25 Alcohol and Dmg Policy Page 19
Article 26 Authorized Agents Page 24
Article 27 Full Understanding, Modification, Waiver Page 24
Article 28 Provisions of Law Page 25
Article 29 Paramedic License Pay Page 25
Article 30 Reporting Value of Uniforms to CalPERS Page 25
Article 31 Acting Pay Page 25
Article 32 Deferred Compensation Page 26
Article 33 Leave of Absence Page 26
Article 34 Military Leave Page 29
Article 35 Jury Duty Page Page 29
Article 36 Life Insurance and Voluntary Benefits Page 30
Article 37 Probationary Period Page 30
Article 38 Post-Retirement Healthcare Trust Page 31
Article 39 Outsourcing Page 32
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 or
"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. In cases where there is a conflict between this
Memorandum and the Carlsbad Fire Department Directives, this Memorandum shall prevail.
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, mles, policies, and
procedures necessary to implement this Memorandum.
ARTICLE 3. TERM
The term of this Memorandum shall be from January 1, 20122013, through December 31,
2fm20\3.
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. During the term of
this Memorandum, the parties agree to meet and confer upon request of the other party to discuss
additional changes to this Memorandum required by implementation of the HCMS payroll
software system.
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, and other matters which fall within
the scope of representation, such as, but not limited to, material modifications to
personnel mles and Fire Department directives, before taking any action
impacting employees within the bargaining unit.
• Management Rights:
The City's decisions regarding staffing levels, station closures, layoffs,
reorganization, contracting out bargaining unit work to third parties, and
furloughs which the City may elect to utilize to address fiscal difficuhies it faces
now or in the fiiture, 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; contract out, after meeting and conferring over decision and effects,
bargaining unit work to third parties; maintain the efficiency of govemmental 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 dismption 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 Memorandum, 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 tmst 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 retum 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
8.1 Effective the first full pay period following Council approval of this MOUpayroll period
including January 1, 2012, the City shall implement an across the board base salary increase of
threefeuf percent (34%) for all represented classifications.
Any step increases granted shall be effective on the employee's anniversary date or date of
promotion.
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
'S
authorized by the Fire Chief or his/her designee and charged to accmed vacation or sick leave or,
when no accmed leave is available, treated as leave without pay.
The "immediate family" shall be defined as: spouse, registered domestic partner, child,
parent, sibling, grandparents, grandchild (whether natural, foster, 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, a spouse, domestic partner, child,
grandchild, member of immediate household, sibling, parent, or grandparent whether
biological, foster, step, adopted, or in-law. It also includes any person who has served in
place of a parent to the employee, or any person for whom the employee has sensed in
place of a parent. The term "child" means a biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in
loco parentis. The temi "parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
The employee may be required to submit proof of the family member's death before being
granted bereavement leave.
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 all represented employees at the employee's cost.
ARTICLE 11. ANNUAL VACATION LEAVE
A. Basis of Accmal
The City and CFA, Inc., agree to continue the following annual vacation leave schedule for
all employees working a 112 hours/pay period schedule:
Less than 5 full calendar years of continuous
5 through 9.99 fiill calendar years of continuous
10 through 10.99 full calendar years of continuous
11 through 11.99 full calendar years of continuous
12 through 12.99 full calendar years of continuous
13 through 14.99 full calendar years of continuous
15 or more full calendar years of continuous
service -21 minutes/day
service -32 minutes/day
service -34 minutes/day
service -36 minutes/day
service -38 minutes/day
service -40 minutes/day
service -42 minutes/day
The City and CFA, Inc., agree to continue the following annual vacation leave schedule for
all employees working an 80 hours/pay period schedule:
Less than 5
5 through 9.99
10 through 10.99
11 through 11.99
12 through 12.99
13 through 14.99
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
-13 minutes/day
-20 minutes/day
-21 minutes/day
-22 minutes/day
-24 minutes/day
-25 minutes/day
15 or more full calendar years of continuous service -26 minutes/day
Vacation leave is accmed on a daily basis. Vacation leave can be used in 15 minute
increments.
B. Vacation Accmal Maximum
All employees working a 112 hours/pay period schedule shall be entitled to eam and
accme 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 eam and accme
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 eam and
accme 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 eam and accme
vacation hours in excess of the three hundred and twenty (320) hour maximum.
Department Heads will encourage the taking of accmed vacation leave. If there are
unusual circumstances that would require an employee to exceed the vacation accmal
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 Febmary, 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 accmed vacation to cash,
provided that they have used at least one hundred twelve (112) hours of vacation during
the prior calendar year.
Each Febmary, 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.
D. Effects of Holidav 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 Accmal of Vacation Leave
17
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. Accmal will be reinstituted beginning the day the
employee returns 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. All vacation requests must be placed in Telestaff
prior to 1700 hrs the day before the leave period. 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 accmed
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 accme sick leave at a
rate of 25 minutes per day. All other employees shall be entitled to accme sick leave at a rate of
16 minutes per day. Sick leave is accmed on a daily basis. Sick leave can be used in 15 minute
increments.
A. Use of Sick Leave
Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick
leave shall be allowed as follows:
I. In the case of actual illness or disability.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
3. A pre-scheduled doctor, dental, or optometry appointment has been entered into
and allowed by Telestaff
4. Because illness of a member of the immediate family requires constant care and
no other care is available and/or financially feasible except that of the employee.
Immediate family is defined in the Personnel Rules.
5. All leave provisions will be administered consistent with state and federal laws.
B. Proof of Illness
The Fire Chief may request a certificate issued by a licensed physician or other
satisfactory proof of illness when abuse is suspected and/or when sick leave use is in
excess of three (3) consecutive work days. The Fire Chief may also designate a licensed
physician to conduct a physical examination, and such examination shall be conducted at
City expense. Employees shall be required to account for all hours they are requesting as
sick leave via Telestaff Violation of sick leave privileges may result in disciplinary
action and/or loss of pay when, in the opinion of the Fire Chief, the employee has abused
such privileges.
C. Effect of Leave of Absence
An employee's accumulation of sick 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. Accmal will be reinstituted upon retum to work.
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 outiined below.
Medical Insurance
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 Califomia Public Employees'
Retirement System (CalPERS).
If electing to enroll for medical benefits, the employee must select one medical plan from
the variety of medical plans offered through CalPERS. Effective the first fuH Within one
pay period following City Council approval of this Memorandum, prospectively only, 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) contribution of some or all of the
premium for dental coverage and/or vision coverage and 3) contributions in the name of
the employee to the City's flexible spending account(s):
(a) For employees with "employee only" coverage, the City shall contribute six
hundred fifty-seven ($657) 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 nine hundred twenty Gevensevcnty one ($92^971) per month
(increased from $927 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 one thousand one hundred sixty oneeight ($4T1^1 ,161)
per month (increased from $1,108 per month) that shall include the mandatory
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payments to CalPERS. If the actual total premiums exceed the City's total
contributions, the employee will pay the difference.
For the remainder ofthe 2013 calendar year, the increase in benefit credits outlined in
this section will be paid to the employee in cash and reported as taxable income.
Beginning the first full pay period following City Council approval of this Memorandum,
prospectively only. Under no circumstances will any unused Benefits Credits as outlined
above will be paid to the employee in cash and reported as taxable income. If the amount
contributed by the City (Benefits Credits) exceeds the cost of the medical and dental
insurance purchased by the employee, the employee will have the option of using any
"excess credits" to purchase vision insurance or to contribute to a healthcare or dependent
care flexible spending accoimt (FSA). During the open enrollment period that occurs in
2013 the employee will also have the opportunity to use any "excess credits" to purchase
accidental death and dismemberment (AD&D) insurance. Open enrollment benefit
elections are implemented the following calendar year.
C. Dental Insurance
Represented employees will be eligible to enroll in a City-sponsored dental plan. Should
an employee elect to enroll for medical benefits, he/she must also enroll in dental
coverage at the same coverage level (employee only, employee plus one dependent,
employee plus two or more dependents) as medical insurance.
Beginning with During the open enrollment period that occurs in 2013, the employee will
have the option of selecting anv dental coverage level regardless of the employee's
selected medical coverage. Open enrollment benefit elections are implemented the
following calendar year.
Vision Insurance
Represented employees are eligible to enroll in the City sponsored vision insurance plan.
Employees may elect to purchase vision insurance or to opt out of the vision insurance
program. If the decision is made to purchase vision insurance, a represented employee
may purchase vision insurance at any level of coverage (employee only, employee plus
one dependent, employee plus two or more dependents).
D. Retirees
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 Califomia
Public Eniployees' 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.
Employees who retire from the City, either service or disability, shall be eligible to
continue to participate in the City's dental and/or vision insurance programs. The cost of
such dental and/or vision insurance for the retiree and eligible dependents shall be borne
solely by the retiree. The City shall not charge the COBRA administrative cost to the
retirees. A retiree who does not choose continued coverage upon retirement, or drops
coverage, is only eligible to retum to the City's dental and vision insurance program
during open enrollment periods.
The City will invoice the retiree for his/her monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
E. Opt Out Provision
CFA represented employees who do not wish to participate in the CalPERS Health
Program will have the choice of opting out of the City's medical insurance program,
provided they can show that they are covered under another insurance program.
Effective the first full pay period after ratification of this MOU (prospectively only).
Employees employees who elect the opt-out provision will be given a reduced City
contribution amount (Benefits Credits) of two hundred thirty nine fifty($23^250) per
month (increased from $239 per month) to be used toward the purchase of dental
insurance, vision insurance, or as a contribution to a flexible spending account (or, during
the 2013 open enrollment period, to elect to use those benefit credits toward the purchase
of accidental death and dismemberment (AD&D) insurance). The City contribution
amount of two hundred thirty-nine fifty ($23^250) per month will be granted to any
employee who elects to opt out of the CalPERS Health Program, regardless of the
employee's level of coverage (employee only, employee plus one dependent, employee
plus two or more dependents).
Beginning the first full pay period following City Council approval of this Memorandum,
prospective only. Under no circumstances will any unused Benefits Credits will be paid
to the employee in cash and reported as taxable income.
ARTICLE 16. 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
Martin Luther King Jr.'s Birthday
Lincoln's Birthday
Washington's President's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving
Thanksgiving Friday
Christmas Day
One (1) Floating Holiday
Employees working a 112 hours/pay period schedule shall be compensated for twelve (12) hours
of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday
occurs. The holiday pay associated with the floating holiday will be compensated on April 15
for those employees who are employed with the City on that day.
Employees in Fire Prevention working an 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. Only employees who
are on paid status on their scheduled work day immediately before a holiday shall be entitled to
the paid holiday.
ARTICLE 17. RETIREMENT BENEFITS
17.1 The City has contracted with CalPERS for the following retirement benefits:
• Safety Tier 1 (employees entering safety membership for the first time prior to October 4,
2010) - The retirement formula shall be 3% @. 50: single highest year final
compensation.
• Safety Tier 2 (employees entering safety membership for the first time on or after
October 4, 2010) - The retirement Ibrmula shall be 2% (g) 50: three year average final
compensation.
Employees who are "New Members" as defined by the California Public Employees' Pension
Refomi Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been
a CalPERS member or member of a reciprocal system or who has had a break in CalPERS
service of at least 6 months or more) will constitute a third tier and be subject to all the
applicable PEPRA provisions, which include but are not limited to the following retirement
benefits:
• Safety Tier 3 employees - The retirement formula shall be 2.7% @ 57; three year
average final compensation.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Re venue Code (IRC).
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Employees shall make the following employee retirement contributions through payroll
deductions:
• Tier 1 and Tier 2 safety employees shall pay all of the employee retirement
contribution (9%).
• Tier 3 safety employees shall pay one half ofthe normal cost rate associated with the
3^*^ tier.
174 —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.
17^5 The City will contract with CalPERS to provide the "3% @ 50" retirement benefit
for all local fire employees effective the pay period inclusive of Januar}- 1, 200^.
17.3 —If the Employer Paid Member Contributions (EPMC) ever is greater than zero, The-the
City will report the value of the Employer Paid Member Contributions (EPMC^ as additional
(special) compensation to CalPERS for all local fire employees designated as "classic CalPERS
members"hired before October 4, 2010.
¥h4 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
A two tier retirement plan will apply to all sworn members entering membership
for the first time in a Cit>^ of Carlsbad fire safety classification on or after October
A, 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
17T6 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.
¥h7 POST RETIREMENT HEALTHCARE TRUST
The City agrees to meet in the first quarter of 2012 to discuss options fbr a post retirement
healthcare tmst benefit.
ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS' BENEFIT
The City agrees to provide the Fourth Level of the 1959 Survivors' Benefit.
ARTICLE 19. OVERTIME AND COMPENSATORY TIME
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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.
A. EMPLOYEES WORKING A 112 HOUR/PAY PERIOD SCHEDULE:
1. Overtime
In accordance with section 7(k) of the Fair Labor Standards Act, the official 7-day
work period for employees who work a 112 hour/pay period schedule begins on
Monday at 7:30a.m. and ends the following Monday at 7:29a.m.
Any employee required to perform in excess of 53 hours in a 7 day cycle and/or in
excess of an employee's normal scheduled shift shall receive compensation at the
rate of time and one-half his/her regular rate of pay.
The regular rate of pay shall be calculated in conformance with the FLSA.
B. EMPLOYEES WORKING AN 80 HOURS/PAY PERIOD SCHEDULE:
1. Overtime
The official 7-day FLSA work week for employees on a 9/80 Friday to Friday
shift begins four (4) hours after the regularly scheduled starting time for their
Friday shift and ends one hundred sixty eight (168) hours later (at four (4) hours
after the regularly scheduled starting time for their Friday shift). For all others
who work an 80 hour/pay period schedule the FLSA work week is from Monday
at 12:00 a.m. to Sunday at 11:59 p.m.
Any employee required to perform in excess of 40 hours in their 7 day FLSA
work week or in excess of an employee's normal scheduled day shall receive
compensation at the rate of time and one-half his/her regular rate of pay except as
outlined in Section 3 below.
The regular rate of pay shall be calculated in conformance with the FLSA.
2. Compensatory Time
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In lieu of receiving overtime pay pursuant to Section 1 above, a Fire Prevention
employee may elect, subject to department approval, to receive compensatory
time off on a time and one-half basis. No employee shall accme more than 80
hours of such compensatory time. Should any employee exceed 80 hours of
accmed 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
dismpt the operations of the department.
An employee may elect to "cash out" any portion of his/her accmed
compensatory time at his/her regular rate of pay in any pay period. The employee
shall indicate the number of hours to be cashed out on his/her timesheet..
Request for Temporary Shift Adjustment (Flex Time)
An employee on an 80-hour shift may request that the employee's normal
workday be temporarily altered in order to accumulate a credit of work hours that
may be used to take time off during the employee's FLSA work week without
loss of pay. If the request is approved by management, pay for hours worked
during this temporary shift adjustment shall be paid at the straight time rate even
if the employee's hours worked exceed his/her normal scheduled shift on that day.
Overtime will still be paid if the employee works in excess of 40 hours during
his/her FLSA work week.
ARTICLE 20. FLEXIBLE WORK SCHEDULES
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.
Suppression employees temporarily assigned to light duty will be assigned to the 9/80 work
schedule referenced below or a traditional 5/40 work schedule. This article shall not be subject to
the grievance procedure.
9/80 Altemative 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. 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 21. 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 22. 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 23. DISCIPLINE OF AN EMPLOYEE
23.1 The City may discipline a regular employee for just cause. In the case of disciplinary
action involving suspension without pay, 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.
23.2 Except as provided in Section 23.3, 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 Califomia 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 Califomia 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 attomey fees and preparation of documents.
23.3 A probationary employee (entry level or promotional) rejected during the probationary
period shall not be entitled to appeal such rejection to the Hearing Officer.
23.4 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.
23.5 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.
15 S7
23.6 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.
23.7 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 attomey 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 mles 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.
23.8 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
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.
23.9 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.
23.10 A. Grounds For Discipline
The City has the authority to impose appropriate discipline upon any represented
employee for cause. Discipline shall be commensurate with the seriousness of the
offense and with consideration of the employee's prior performance and disciplinary
record. Grounds for discipline may include but are not limited to the following:
(1) Fraud in securing employment including untmthfulness, misrepresentation or
omission of information.
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,
working unauthorized overtime, public disclosure of privileged information or
dishonesty.
(3) Failure to maintain certification and licenses required by law or the Fire
Department.
16
(4) Being under the influence of alcohol or intoxicating dmgs while on duty.
(5) Unauthorized absence without leave.
(6) Criminal conviction having some relevance to the job.
(7) Intentionally being discourteous to the public.
(8) Unauthorized use of or neglect of City property.
(9) Abuse of sick leave.
(10) Unauthorized outside employment that constitutes a conflict of interest.
(11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
(12) Falsification of any City report or record.
(13) Willful violation of any of the provisions of the City Code, ordinances,
resolutions or any mles, regulations or policies which may be prescribed by the
City Council, City Manager, Fire Chief, or supervisor.
(14) Political activities precluded by State or Federal law.
(15) Other acts that are incompatible with service to the public.
(16) Failure to respond to questions or otherwise fail to participate during an
investigation conducted by the City or its agents.
City will abide by Firefighters Bill of Rights.
ARTICLE 24. GRIEVANCE PROCEDURE
24.1 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.
24.2 Reviewable and Non-Reviewable Grievances
24.2.1 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.
24.2.2 A grievance is not reviewable under this procedure:
17 c~'
(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 mles of the City of Carlsbad (See, e.g.. Article 24
Discipline), such as:
(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.
24.3 Special Grievance Procedure Provisions: The following special provisions apply to
the grievance procedure.
24.3.1 Procedure for Presentation: In presenting a grievance, an employee
shall follow the sequence and the procedure outlined in Section 25.4 of
this procedure.
24.3.2 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.
24.3.3 Prescribed Form: The written grievance shall be submitted on a form
prescribed by the Human Resources Director for this purpose.
24.3.4 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.
24.3.5 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.
24.3.6 Interested Parties: Interested parties may provide information during
the hearing of the grievance at any step of the grievance procedure.
24.3.7 Handled During Working Hours: Whenever possible, grievances will
be handled during regularly scheduled working hours.
24.3.8 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.
24.3.9 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.
24.3.10 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.
24.3.11 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.
24.4 Grievance Procedure Steps: The following procedure shall be followed by an
employee submitting a grievance for consideration and action.
24.4.1 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.
24.4.2 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
24.4.3 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.
24.4.4 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.
24.4.5 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.
24.4.6 Any of the above steps may be waived by mutual agreement of the
parties.
24.4.7 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 Califomia 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 Califomia 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.
(c2
The employee or employee organization will be responsible for the
cost of his or her own representation or attomey fees and preparation
of documents.
ARTICLE 25. 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 dmgs and alcohol consistent with the
directives of the Dmg Free Workplace Act. The City of Carlsbad agrees to use a
clinical laboratory which is certified by the National Institute on Dmg 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. "Dmg" 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 dmgs 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 unlawrfiil manufacture, distribution,
dispensation, possession or use of alcohol or dmgs nor be under
the infiuence of alcohol or dmgs in the workplace or while on-
call;
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b. submit to an alcohol and dmg 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 dmg 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 must notify their supervisors when taking any medication
or dmgs, 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 dmg 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 dmg-free
workplace, the City reserves the right to search, with notice to the
employee or if no prior notice, in the employee's presence, 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 fiill or joint City control since such work areas may be subject
to investigation and/or search under this policy. Employees shall have no
expectation of privacy in these areas, locations or properties.
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.
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If the FBOR (Government code section 3259) is applicable to a particular
search, then the City will comply with the Act notwithstanding anything to
the contrary in this article. For example, the City may conduct searches
without notice to the employee or without the employee being present, if a
valid search warrant has been obtained. The employee may also consent
to a search.
Nothing herein shall prevent the City from taking appropriate action if
there is an inadvertent discovery of evidence of drug or alcohol use.
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 Califomia 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-employment Dmg and Alcohol Analysis
1. Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a dmg 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 dmgs or alcohol will be
rejected for City employment.
B. Employee Dmg and Alcohol Analysis
1. If a manager or supervisor of the City has reasonable suspicion that an
employee is under the influence of dmgs or alcohol while in the
workplace or subject to duty, the employee shall be:
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a. Prevented from engaging in other work; and
b. Required to submit to a dmg 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 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 dismptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
f attributable possession of alcohol or dmgs;
g. information obtained from a reliable person with personal
knowledge that would lead a reasonably pmdent supervisor to
believe that an employee is under the influence of alcohol or
dmgs;
3. Refiisal to remain on the premises or to submit to a dmg 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 dmg and alcohol analysis may test for the presence of any dmg
which could impair an employee's ability to effectively and safely
perform the functions of his or her job.
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5. A positive result from a dmg 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 dmg
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.
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 dmg problem can call the EAP office and arrange for an
appointment with a counselor.
B. Employees who are concerned about their alcohol or dmg 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 26. 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, Califomia 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: P.O. Box 945, Carlsbad, Cahfornia 92018-0945; Telephone:
(760) 729-3730; Email: iafflocal3730@aol.com.
ARTICLE 27. 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
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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 consuft 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
be deemed as approval of any action taken by the City.
D. 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.
E. 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 28. 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, mles and
regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent
jurisdiction, such part or provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of this Memorandum shall not be affected thereby.
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ARTICLE 29. PARAMEDIC LICENSE PAY
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 30. 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. Under
PEPRA, this benefit does not apply to new members.
ARTICLE 31. ACTING PAY
Whenever the needs of the City require an employee to temporarily perform the duties of a
higher classification than that in which the employee is currently employed for a period of four
(4) hours or more, the employee shall receive 5% additional pay while in the acting capacity.
Only employees who are on an Eligibility List (maintained by the Human Resources Dept) for
the higher classification or employees who have completed an Acting Position Taskbook (as
described in the Fire Department Directives) are eligible to serve in an acting capacity. The CFA
and the Citv agree that during the term of this Memorandum, CFA and Fire Department
management shall meet and confer on the issue of the specific provisions of the Acting Position
Taskbook.
An employee may not serve in an acting capacity for more than six (6) months without prior
approval from the Fire Chief.
ARTICLE 32. DEFERRED COMPENSATION
The City shall provide for a Deferred Compensation Plan which may be utilized by any
employee on an optional basis. The City reserves the right to accept or reject any particular plan
(current providers are ICMA and Nationwide) and to impose specific conditions upon the use of
any plan. Such plan shall be implemented without cost to the City.
As soon as administratively possible, CFA-represented employees will be eligible for the
personal loan provision established with Nationwide deferred compensation provider only. It is
acknowledged that the City will assist in the administrative set-up of this benefit but that the City
has no liability if an employee should default on the repayment of such loan.
ARTICLE 33. LEAVE OF ABSENCE
33.1 Occupational Injuries or Illnesses
33.1.1 Employees in the classifications of Firefighter, Paramedic Firefighter, Fire
Engineer, Fire Captain and Captain Specialist who are temporarily unable
to work due to an occupational illness or injury will receive full pay for up
to one year as provided in Section 4850 of the Labor Code ("4850
benefits"). The employee may not receive 4850 benefits concurrently
with sick leave or any other form of paid time off
All non-suppression classifications that sustain a work related injury or
illness and becomes temporarily disabled from work as a result, may
receive their full salary, in lieu of the State mandated temporary disability
benefit, for a period of up to forty-five (45) calendar days for any single
incident. The periods of temporary disability need not be continuous.
Any aggravation of a pre-existing occupational injury or illness will be
treated as such and not as a new injury. In this situation, the employee
will not be entitled to any occupational sick leave benefit which exceeds
the original maximum of forty-five (45) calendar days. The City reserves
the right to determine whether occupational sick leave will be granted.
Granting of occupational sick leave will be subject to the same procedures
and standards (including predesignated physicians, resolution of disputes
over benefits, use of Agreed Medical Examiners, etc.) as used in workers'
compensation matters and/or FMLA/CFRA matters.
If the employee continues to be unable to work after the above described
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability
payments as provided in the Labor Code. To the extent these benefits are
less than the employee's full regular pay, the employee shall supplement
them by using accmed sick leave, vacation, and/or compensatory time to
reach the amount equal to the employee's full regular pay until the
employee's leave balances reach zero, at which time the employee would
commence an unpaid leave of absence.
33.2 Non-Occupational Injuries or Illnesses
33.2.1 An employee who is temporarily unable to work due to a non-
occupational illness or injury will receive those disability benefit
payments for which the employee is eligible and applies. To the extent
that these benefits are less than the employee's flill regular pay, the
employee shall supplement them by using accmed sick leave, vacation,
and/or compensatory time to reach the amount equal to the employee's
full regular pay until the employee's leave balances reach zero, at which
time the employee would commence an unpaid leave of absence.
33.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the
same manner as leaves of absence for non-occupational illnesses or
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injuries, subject to the pregnancy disability provisions of the Califomia
Fair Employment and Housing Act.
33.3 To the extent permitted by law, a leave of absence under this article will run concurrently
with any leave of absence an employee is entitled to receive under the Califomia Family
Rights Act or the federal Family and Medical Leave Act.
33.4. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of the Fire Chief for less than two calendar weeks. If the duration of the
leave of absence will be longer, the approval of the City Manager or his/her
designee is required.
An employee shall utilize all his/her vacation, compensatory time off and/or sick
leave (if applicable) prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
2. To take a course of study which will increase the employee's usefulness
on retum to his/her position in the City service.
3. For personal reasons acceptable to the Fire Chief and City Manager.
B. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin,
the probable date of retum, and the agreement to reimburse the City for any
benefit premiums paid by the City during the leave of absence. The request shall
normally be initiated by the employee, but may be initiated by the Fire Chief, and,
if applicable, shall be promptly transmitted to the City Manager or his/her
designee for approval. A copy of any approved request for leave of absence
without pay with a duration equal to or greater than two calendar weeks shall be
delivered promptly to the Directors of Finance and Human Resources.
C. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six
months, unless otherwise approved by the City Manager. The procedure for
granting extensions shall be the same as that in granting the original leave
1)
provided that the request for extension is made no later than fourteen (14)
calendar days prior to the expiration of the original leave.
D. Retum From Leave
When an employee intends to retum from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans
to retum. The Department Head shall promptly notify the Human Resources
Department of the employee's intention. The employee shall retum at a rate of
pay not less than the rate at the time the leave of absence began.
E. Effect of Leave Without Pay
A prorata reduction of normal annual vacation and sick leave accmals shall be
applicable to an approved absence without pay. Any absence without pay
constitutes a break of continuous service with the City. The granting of any leave
without pay exceeding two full scheduled pay periods shall cause the employee's
salary anniversary date and calculation of full-time continuous service to be
extended by the number of calendar days for which such leave has been granted
less the first two full pay periods of such leave.
An employee's accumulation of sick leave and 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. Accmal will be
reinstituted beginning the first day the employee has retumed to work.
F. Leave Without Pay - Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits
by reimbursing the City for the employee's costs of insurance on a monthly basis
during the period of the leave. Failure to reimburse the City for such benefits
during the term of a leave of absence will result in the employee's coverage
terminating on the first day following the month in which the last payment was
received.
Upon the employee's retum to paid status, any sums due to the City shall be
repaid through payroll deductions. This applies to sums due for insurance as well
as other payment plans entered into between the City and the employee (e.g.,
computer loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees.
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G. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance
with the provisions of State and Federal law. An employee disabled by pregnancy
shall be allowed to utilize a combination of accmed sick leave, vacation,
compensatory time and leave without pay to take a leave for a reasonable period
of time, not to exceed four months. An employee shall utilize all accmed leave,
except compensatory time off, prior to taking leave without pay. Reasonable
period of time means that period during which the employee is disabled on
account of pregnancy, childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice of the date the leave shall commence and the estimated duration
of the leave.
ARTICLE 34. MILITARY LEAVE
Military leave shall be authorized in accordance with the applicable provisions of State and
Federal law. The employee must fumish satisfactory proof to the Fire Chief, as far in advance as
possible, that he/she must report to military duty.
ARTICLE 35. JURY DUTY
When called to jury duty, an employee, having provided at least five working days written notice
from the date of the summons, shall be entitled to his/her regular compensation. Employees
shall be entitled to keep mileage reimbursement paid while on jury duty. The Fire Chief may, at
his/her sole discretion, contact the court and request an exemption and/or postponement of jury
service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
ARTICLE 36. LIFE INSURANCE AND VOLUNTARY BENEFITS
All CFA-represented employees shall receive City paid life insurance in an amount equal to one
times their basic yearly eamings. To determine the benefit, the amount of insurance is rounded
to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. Supplemental
life insurance, at an amount equal to the City paid life insurance, is available at the employee's
cost. Dependent life insurance is also available at the employee's cost.
The City provides various voluntary benefits available at the employee's cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the
Human Resources Department at 760-602-2440.
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ARTICLE 37. PROBATIONARY PERIOD
37.1 The initial hire probationary period shall be one year from the date the employee is hired.
The probationary period will permit both the supervisor and the employee to become
acquainted and to determine the adaptability and the fitness of the employee to the
assigned work. The employee will find this period helpful in evaluation of the City,
his/her duties, his/her work and other satisfaction.
37.2 All personnel promoted within the Department shall be on probation in the promotional
position for a period of one year from the date of promotion. Failure to pass probation
shall result in employee being put back to their prior position.
ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST
The City and CFA, Inc. agree that CFA, Inc. will contract directly with a company of its
choosing to provide post-retirement healthcare trust benefits for all represented employees. All
CFA represented employees will contribute $100 per month into the post-retirement healthcare
tmst established by CFA, Inc. via payroll deductions. As soon as administratively possible after
ratification of this MOU and submission to the City by CFA, Inc.. of the fully executed contract,
the City will begin employee paid payroll deductions related to this benefit. CFA. Inc..
acknowledges that the City has no administrative responsibilities or liabilities related to this
benefit, other than processing of payroll deductions as described above. The City will not make
any contributions to the post-retirement healthcare tmst. CFA. Inc. shall hold the City harmless
for the City's actions related to this Article, and indemnify the City against any liabilitv the City
incurs as a result of this Article, including but not limited to. its agreement to allow CFA. Inc.. to
participate in a post-retirement healthcare tmst and/or the City's processing of payroll deductions
as set forth above.
ARTICLE 39. OUTSOURCING
The City and CFA agree that the City may contract with public and private entities or individuals
to perform any or all plan check activities except the final step in the plan checking process.
CFA agrees that the City may contract out these services without meeting and conferring with
CFA over the decision to contract these services or the effects of that decision.
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JN 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
LISA HILDABRANDJOHN COATES. City Manager
Approved as to form:
RONALD R. BALLCELIA BREWER. City Attomey
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
KEN SUGAHARA. President
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