HomeMy WebLinkAboutCarlsbad Firefighters' Association Inc; 2023-01-01;CFA MEMORANDUM OF UNDERSTANDING 1/1/2023 to 12/31/2025
Summary of Significant Changes
1. Term: January 1, 2023 – December 31, 2025
2.Article 8 Compensation Adjustments:
a. Effective January 1, 2023, the city shall implement an across-the-board base
salary increase for each represented classification of four percent.
b.Effective January 1, 2024, the city shall implement an across-the-board base
salary increase for each represented classification of four percent.
c.Effective January 1, 2025, the city shall implement an across-the-board basesalary increase for each represented classification of four percent.
3.Article 11 Annual Vacation Leave:
Effective the first day of the first full pay period following City Council
approval of this MOU, the vacation accrual maximum shall increase from
320 to 400 hours for employees on an 80-hour per pay period schedule and
from 448 to 560 for employees on a 112-hour per pay period schedule. In
addition, employees shall be eligible to receive service credit based on their
previous full-time paid experience in a professional public safety agency in
an equivalent job classification. This credit only applies to the vacation
accrual rate.
4.Article 13 Bilingual Pay
Effective the first pay period in 2023, bilingual pay will increase from $40 to
$50 per pay period. In order to maintain eligibility for bilingual pay, an
employee must pass the bilingual proficiency test every three years from the
date they first become eligible. All employees receiving bilingual pay at the
time of ratification of this MOU will not be required to pass the test until
three years from ratification of this MOU.
5.Article 15 Health Insurance/Flexible Benefits Program
Effective the pay periods that include January 1, 2024, January 1, 2025 and
December 31, 2025, the city benefits credits will increase.
6.Article 29: Paramedic License Pay
Effective the first day of the first full pay period following City Council
approval of this MOU, Paramedic License Pay will change from $110.77 per
pay period to 2.5% of the top step Paramedic Firefighter biweekly base
salary
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7.Article 33: Leave of Absence
Effective upon the first day of the first full pay period following City Council
approval of this MOU, employees returning from incident deployments shall
be granted deployment recovery leave of up to 24 hours.
8.Article 38: Post-Retirement Healthcare Trust
Effective the first pay period in 2024, the city contribution to the Post-Retirement Healthcare Trust will increase from $150 to $200 per month per employee and the employee contribution will decrease from $250 to $200 per month.
9.Article 41: Education Incentive
Effective the first pay period in 2023, education incentive level I will increase
from 4.0% to 4.5% of the top step Paramedic Firefighter biweekly base
salary and level II will increase from 6.4% to 6.9% of the top step Paramedic
Firefighter biweekly base salary.
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Exhibit 3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC.
Term: January 1, 2023 - December 31, 2025
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 3 Article 7 No Strike and No Lockout Page 3 Article 8 Compensation Adjustments Page 3 Article 9 Bereavement Leave Page 4
Article 10 Short-Term and Long-Term Disability Insurance Page 4
Article 11 Annual Vacation Leave Page 5 Article 12 Sick Leave Accrual Page 8 Article 13 Bilingual Pay Page 10 Article 14 Linen Provision, Maintenance, and Replacement Page 10
Article 15 Health Insurance/Flexible Benefits Program Page 10
Article 16 Holidays Page 12 Article 17 Retirement Benefits Page 13 Article 18 Provision of 1959 PERS Survivors’ Benefit Page 14 Article 19 Overtime for Employees Working a
112 Hour/Pay Period Schedule Page 14
Article 20 Overtime for Employees Working an 80 Hour/Pay Period Schedule Page 15 Article 21 Americans With Disabilities Act Page 18 Article 22 Family Leave Act Page 18
Article 23 Discipline of Employee Page 18
Article 24 Grievance Procedure Page 23 Article 25 Alcohol and Drug Policy Page 27 Article 26 Authorized Agents Page 31 Article 27 Full Understanding, Modification, Waiver Page 31
Article 28 Provisions of Law Page 32
Article 29 Paramedic License Pay Page 33 Article 30 Reporting Value of Uniforms to CalPERS Page 33 Article 31 Acting Pay Page 33
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Article 32 Deferred Compensation Page 33 Article 33 Leave of Absence Page 34
Article 34 Military Leave Page 38
Article 35 Jury Duty Page 38 Article 36 Life/Accidental Death & Dismemberment (AD&D) Insurance and Voluntary Benefits Page 39 Article 37 Probationary Period Page 39
Article 38 Post-Retirement Healthcare Trust Page 39
Article 39 Outsourcing Page 40 Article 40 Survey Market Page 40 Article 41 Education Incentive Page 40 Article 42 Wellness Page 42
Article 43 Paid Family Leave Page 42
Article 44 Association Time Bank Page 42 Appendix A Requirements to Apply for a Promotion and Serve Page 44 in an “Acting” Capacity, Effective January 1, 2023 Appendix B Compensation and Benefits Summary – Employees Page 45
Working a Reduced FTE Schedule
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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, 2023, through December 31, 2025.
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
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Memorandum, the parties agree to meet and confer upon request of the other party to discuss additional changes to this Memorandum in accordance with the Meyers-Milias-Brown Act
(MMBA). In addition, the parties may meet and confer on the items listed below.
•Health insurance benefits in order to reduce or eliminate penalties under the ACA. Anychanges shall be by mutual agreement only.
•Employee cost sharing toward the city’s required contribution to CalPERS for CFA
members if the CalPERS actual rate of return is less than CalPERS’ expected rate ofreturn (the expected rate of return or “discount rate” in effect during that same prior fiscalyear). Any changes shall be by mutual agreement only.
4.1 If there is a Ninth Circuit ruling between any parties under the Fair Labor Standards Act
(FLSA) that determines the city’s current calculation of the regular rate of pay and overtime premium (e.g., the divisor and multiplier used) is below the FLSA minimum, then the parties will reopen negotiations to determine a remedy and any applicable changes to the MOU re: the calculation of the regular rate of pay and overtime premium. In addition, if there is a published Ninth Circuit decision that provides a revision or clarification to the FLSA that requires add-on
pays not currently included in the city’s calculation of the regular rate of pay, the parties will reopen negotiations re: inclusion of those add-on pays in the FLSA calculation. The foregoing notwithstanding, if there is a published Ninth Circuit decision that add-on pays currently included in the city’s calculation of the FLSA regular rate are not to be included in the city’s calculation of the FLSA regular rate, this Agreement shall not reopen for negotiations.
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 thesubject of current wage levels and benefits, and other matters which fall within the
scope of representation, such as, but not limited to, material modifications topersonnel rules and Fire Department directives, before taking any action impactingemployees 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 furloughswhich the city may elect to utilize to address fiscal difficulties it faces now or in thefuture, are management rights. Nevertheless, the city agrees to give advance notice
and the opportunity to discuss these subjects before taking any action impactingemployees within the bargaining unit.
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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 governmental operations;
determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
ARTICLE 7. NO STRIKE AND NO LOCKOUT
A.No Strike. During the term of this Memorandum and in accordance with Labor CodeSection 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 operationsof 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 citymay 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 lockoutover 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 aboutcompliance with the provisions of this Article. The employees agree to inform membersof their obligations under this Memorandum and Labor Code Section 1962 and to direct
them to return to work.
E.Non-discrimination Clause. Neither city nor CFA, Inc. shall interfere with, intimidate,restrain, coerce, or discriminate against employees covered by this Memorandum becauseof 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
Effective January 1, 2023, all CFA represented employees will receive a 4.0% base salary increase.
Effective January 1, 2024, all CFA represented employees will receive a 4.0% base salary increase.
Effective January 1, 2025, all CFA represented employees will receive a 4.0% base salary increase.
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Any step increases granted shall be effective on the employee’s anniversary date or date of promotion.
ARTICLE 9. BEREAVEMENT LEAVE
In the event of the death of an employee’s immediate family member, the employee may take up to three shifts of paid time off for bereavement. An additional two shifts may be taken and charged
to accrued leave or, when no accrued leave is available, treated as leave without pay. Bereavement
leave must be taken within one year of the event. Additional time off may be authorized by the Fire Chief or designee and charged to accrued leave or, when no accrued 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 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. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE
Short-Term Disability Effective January 1, 2020, the city will provide represented employees with city-paid short-term
disability insurance via an insurance provider. The insurance shall provide for a seven calendar
day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.
Long-Term Disability The city will contract with a mutually agreed upon insurance company to provide long term disability insurance for all represented employees and the city will pay the premium. For information about this benefit, contact the Human Resources Department at 442-339-2440.
Use of Accrued Paid Time Off While Receiving Disability Benefits The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. The employee shall combine allowable types of accrued paid time off with short-term and long-term disability payments for the purpose of achieving the
equivalent of their base salary while receiving the disability payments. Refer to the long-term
disability plan document for information on which types of accrued paid time off may be combined with long-term disability payments.
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ARTICLE 11. ANNUAL VACATION LEAVE
A.Basis of Accrual
The annual vacation leave accrual schedule for all employees working a 112 hour/pay period schedule will be:
Less than 3 full calendar years of continuous service -21 minutes/day 3 through 4.99 full calendar years of continuous service -26 minutes/day
5 through 9.99 full calendar years of continuous service -32 minutes/day
10 through 10.99 full calendar years of continuous service -34 minutes/day11 through 11.99 full calendar years of continuous service -36 minutes/day12 through 12.99 full calendar years of continuous service -38 minutes/day13 through 14.99 full calendar years of continuous service -40 minutes/day
15 or more full calendar years of continuous service -42 minutes/day
The annual vacation leave accrual schedule for all employees working an 80 hour/pay period schedule:
Less than 3 full calendar years of continuous service -13 minutes/day
3 through 4.99 full calendar years of continuous service -16 minutes/day
5 through 9.99 full calendar years of continuous service -20 minutes/day10 through 10.99 full calendar years of continuous service -21 minutes/day11 through 11.99 full calendar years of continuous service -22 minutes/day12 through 12.99 full calendar years of continuous service -24 minutes/day
13 through 14.99 full calendar years of continuous service -25 minutes/day
15 or more full calendar years of continuous service -26 minutes/day
Vacation leave is accrued on a daily basis. Vacation leave can be used in 15 minute increments.
Effective upon the first day of the first full pay period following City Council approval of
this MOU, at the discretion of the Fire Chief or designee, in addition to service time with the City of Carlsbad, current employees and new hires shall be eligible to receive service credit towards the vacation accrual rate based on their previous full-time paid experience in a professional public safety agency in an equivalent job classification. This credit only applies
to the vacation accrual rate. It does not apply to seniority or any other employee-related
process, pay, benefit or accrual that is based on city service credit.
When an employee changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation)
is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the
change remains the same.
When an employee changes from an 80 hour/pay period schedule to a 112 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation)
is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of
the change remains the same.
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B.Vacation Accrual Maximum
Effective upon the first day of the first full pay period following City Council approval of
this MOU, all employees working a 112 hour/pay period schedule shall be entitled to earn and accrue up to and including 560 hours of vacation (increased from a maximum of 448 hours). No employee working a 112 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the vacation accrual maximum. Each year, in
the last paycheck in December, all accrued vacation hours over 496 hours will be
deposited into the employee’s individual post-retirement healthcare trust account.
Effective the first day of the first full pay period following City Council approval of this MOU, all employees working an 80 hour/pay period schedule shall be entitled to earn
and accrue up to and including 400 hours of vacation (increased from a maximum of 320
hours). No employee working an 80 hour/pay period schedule will be allowed to earn and accrue vacation hours in excess of the vacation accrual maximum. Each year, in the last paycheck in December, all accrued vacation hours over 336 hours will be deposited into the employee’s individual post-retirement healthcare trust account.
There shall be no cash option available to the employee for the conversion of unused accrued vacation hours.
Department Heads will encourage the taking of accrued vacation leave. If there are
unusual circumstances that would require an employee to exceed the vacation accrual
maximum, the employee must submit a request in writing to the Fire Chief or designee and the City Manager. The Fire Chief or designee 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
1. Employees working an112-hour per pay period schedule are eligible to submit anirrevocable request to elect to convert up to 112 hours of accrued vacation hours
for the following calendar year to be deposited into the employee’s individual
post-retirement healthcare trust account. Employees working an 80-hour payperiod schedule are also eligible to submit an irrevocable request to elect toconvert up to 80 hours of accrued vacation hours for the following calendar yearto be deposited into the employee’s individual post-retirement healthcare trust
account. There shall be no cash option available to the employee for the
conversion of unused accrued vacation hours.
2. All employees wishing to convert accrued vacation to fund their post-retirementhealthcare trust in the year following the election will complete a form between
November 10 and December 10 of each year. Elections will not carry over from
one calendar year to the next calendar year.
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3. Only vacation hours accrued during the calendar year following the election maybe converted. Employees accruing less than the election amount may convert no
more than their total vacation accrual in the following calendar year.
4. The employee’s accrued vacation to convert to the healthcare trust will becredited first to the trust account with the employee’s earned vacation leave untilthe employee’s full election amount is reached. The vacation hours designated to
the trust account will not be credited toward the employee’s maximum vacation
accrual. During this period of time, no earned vacation leave will be credited tothe employee’s vacation time off balance.
5.Conversion of vacation hours elected for the trust will be in the last paycheck in
December unless the employee has accrued all the elected vacation hours by June
30, in which case conversion of the elected vacation hours will occur in July. Allvacation hours will be converted in the calendar year in which the vacation hoursaccrue. If the employee does not accrue all requested vacation hours in thecalendar year, the vacation conversion amount will be reduced to the total number
of vacation hours the employee actually accrues in the calendar year and the
conversion will be made no later than the last pay date in the calendar year.
The vacation conversion amount will be based on the employee’s rate of pay at thetime of the conversion.
6.An employee who does not elect to designate vacation hours to convert byDecember 10 waives their right to do so and will not be allowed to elect to convertvacation accruing in the following year. Mandatory conversion of vacation accruedover the designated accrual amount under Article 11B shall still occur.
D.Effects of Holiday on Vacation Leave
For all employees, except for those on an administrative assignment, who work an 80hour/pay period schedule, in the event one or more authorized municipal holidays fall
within a vacation leave, such holiday shall not be charged as vacation leave, but shall be
credited as a holiday.
E.Effect of Leave of Absence on Accrual of Vacation Leave
See Article 33 for the effect of an extended leave of absence on vacation accrual.
F.Compensation for City Work During Vacation Prohibited
No employee shall be permitted to work for compensation for the city in any capacity,
except compensation for mandated court appearances, during the time of the employee’s
paid vacation leave from city service. This clause shall not limit the city’s right to recallan employee from vacation in the event of an emergency and place the employee on regularpay status.
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G.Scheduling Vacations
An employee may take annual vacation leave at any time during the year, contingent upon
determination by his/her Department Head that such absence will not materially affect thedepartment. Each employee must consider the needs of the service when requesting annualvacation leave. All vacation requests must be placed in Telestaff per the DepartmentDirective. 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
Upon separation of employment, 100% of the value of all remaining unused accrued
vacation hours shall be converted to the employee’s individual account in the Post-Retirement Healthcare Trust and/or a city-sponsored 457 Plan at the base rate of pay ineffect at the time of separation from the city. Allocation amounts to either or both thePost-Retirement Healthcare Trust individual account and 457 Plan will be at the
employee’s discretion and subject to Internal Revenue Service regulations. The
employee shall be responsible for ensuring their contributions to a 457 Plan do notexceed the maximum allowed per law. If the amount of terminal vacation pay theemployee converts to a 457 Plan causes their 457 contributions to exceed the maximumallowed per the law and those contributions are returned to the city, the city will deposit
the amount returned into the employee’s individual account in the Post-Retirement
Healthcare Trust. There shall be no cash option available to the employee for theconversion of unused accrued vacation hours at the time of separation. The default willbe to convert 100% of the unused vacation hours into the Post-Retirement HealthcareTrust individual account unless the employee designates conversion to the city-sponsored
457 Plan no later than 14 calendar days prior to the employee’s last pay date.
ARTICLE 12. SICK LEAVE ACCRUAL All employees working a 112 hour/pay period schedule shall be entitled to accrue sick leave at a rate of 25 minutes per day. All other employees shall be entitled to accrue sick leave at a rate of
16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute
increments.
An employee who is changed from a 112 hour/pay period schedule to an 80 hour/pay period schedule as a result of an administrative assignment or an occupational injury assignment (either
full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this
assignment.
A.Use of Sick Leave
Sick leave will be administered consistent with state and federal law and shall be allowed for
the following purposes:
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1.Diagnosis, care or treatment of an existing health condition of, or preventative care for,an employee or an employee’s family member (e.g., to recuperate from or receive
treatment for personal injuries or illnesses, to care for an injured or ill family member
or to attend medical, dental or optometry appointments).
2.If the employee is a victim of domestic violence, sexual assault, or stalking, for thepurposes described in California Labor Code Sections 230(c) and 230.1(a), including
obtaining relief (e.g., a restraining order), domestic violence services, or medical or
mental health treatment.
Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the
employee shall provide reasonable advance notification. If the need for paid sick leave is
unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.
Absences covered by workers’ compensation law, the pregnancy disability provisions of the
California Fair Employment and Housing Act, the California Family Rights Act, and the
federal Family and Medical Leave Act will be administered according to requirements of those laws.
If an employee separates from the city and is rehired by the city within one year from the date
of separation, the employee’s previously accrued and unused sick leave shall be reinstated.
Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965.
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 the Fire Chief or designee determines that the employee has abused such privileges.
B.Effect of Leave of Absence
See Article 33 for the effect of an extended leave of absence on sick leave accrual.
C.Sick Leave Conversion
For an employee on an 80 hour/pay period schedule:Any represented employee who has accrued and maintains a minimum of 160 hours of sickleave shall be permitted to convert up to 120 hours of accumulated uncompensated sick leaveto either accrued vacation hours or to the employee’s post-retirement healthcare trust account
at a ratio of 24 hours of sick leave to eight hours of vacation/ contributions to the employee’s
post-retirement healthcare trust. The sick leave conversion option will be provided during thefirst week of each fiscal year. Employees will not be allowed to convert sick leave to vacation
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if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion.
For an employee on a 112 hour/pay period schedule: Any represented employee who has accrued and maintains a minimum of 240 hours of sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to either accrued vacation hours or to the employee’s post-retirement healthcare trust account
at a ratio of 72 hours of sick leave to 24 hours of vacation/ contributions to the employee’s
post-retirement healthcare trust. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion.
ARTICLE 13. BILINGUAL PAY
Effective the first pay period in 2023, the city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay
period for the performance of bilingual skills. The determination of the number of
persons/positions to be designated as bilingual is at the sole discretion of the city.
In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined and paid for by the city in the foreign language or American Sign Language
(ASL). Bilingual proficiency testing will occur during the employee’s regular work shift.
In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible. All employees receiving bilingual pay at the time of ratification of this MOU will not be required to pass the test until three years
from ratification of this MOU.
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 hour/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. HEALTH INSURANCE/FLEXIBLE BENEFITS PROGRAM
Employees represented by the CFA, Inc. will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and
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dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below.
A.Benefits Credits and Medical Insurance
During the term of this Agreement, represented employees will be covered by the PublicEmployees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate
in the California Public Employees’ Retirement System (CalPERS) Health Program. The
city will pay on behalf of all employees covered by this agreement and eligible dependentsand those retirees designated in this Article, the minimum amount per month requiredunder California Government Code Section 22892 for medical insurance through theCalPERS. If electing to enroll for medical benefits, an employee must select one medical
plan from the variety of medical plans offered through CalPERS.
The city shall contribute monthly amounts (called Benefits Credits) on behalf of eachactive employee and eligible dependents toward the payment of medical premiums underthe CalPERS health program for all FLSA eligible hours paid in the pay period. The city
contribution shall be based on the employee’s medical coverage level and shall include
the mandatory payments to CalPERS. If the actual total premiums exceed the city’s totalcontributions, the employee will pay the difference.
Waiver Provision: CFA-represented employees who do not wish to participate in the
CalPERS Health Program will have the choice of waiving the city’s medical insurance
program, provided they can show proof of alternative minimum essential coverage asdefined by the Affordable Care Act. For those employees who are covered under anotheremployer sponsored group insurance program, the benefits credits associated withwaiving medical coverage will be equal to $400 per month.
Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of themedical insurance purchased by the employee, the employee will have the option of usingany “excess credits” to purchase city-sponsored dental insurance, vision insurance,accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare
or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid
to the employee in cash and reported as taxable income and included in the calculation ofthe regular rate of pay and overtime premium under the FLSA.
The Benefits Credits for calendar year 2023 are as shown in the table below.
Medical Coverage Level Prior Monthly Benefits Credits 2023 Monthly Benefits Credits Monthly Increase
Employee $659.00 $674.00 $15.00
Employee + 1 $1,316.00 $1,345.00 $29.00
Family $1,737.00 $1,764.00 $27.00
Waive Medical $329.50 $400 $70.50
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Effective the pay periods that include January 1, 2024, January 1, 2025 and December 31, 2025 the city monthly benefit credits associated with each medical coverage level will be
set to dollar amounts that equate to 80% of the average health (medical, dental and vision)
premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.
B.Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D)
InsuranceEmployees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&Dinsurance plans at any coverage level.
C.Retirees
Each retired employee who was a member of this bargaining unit is covered by thePEMHCA and is eligible to participate in the CalPERS Health Program. Representedemployees who retire from the city, either service or disability, shall be eligible to continuetheir enrollment in the CalPERS Health Program when they retire, provided that they are
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. Thecity will contribute the minimum amount per month required under California GovernmentCode Section 22892 toward the cost of each retiree’s enrollment in the CalPERS HealthProgram.
Employees who retire from the city, either service or disability, shall be eligible to elect,upon retirement, to participate in the city’s dental and/or vision insurance programs as aretiree. The cost of such dental and/or vision insurance for the retiree and eligibledependents shall be borne solely by the retiree. An individual who does not choose
continued coverage upon retirement, or who chooses coverage and later drops it, is not
eligible to return to the city’s dental and vision insurance programs.
The city will invoice the retiree for the retiree’s monthly premiums for dental and/or visioninsurance and the retiree must keep such payments current to ensure continued coverage.
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 Thanksgiving Martin Luther King Jr.’s Birthday Thanksgiving Friday President’s Birthday Christmas Day Memorial Day
Independence Day
Labor Day Indigenous Peoples’ Day Veterans Day
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Effective January 27, 2020, the following provisions will be in effect:
1)Suppression personnel assigned as a Lifeguard Supervisor or on an administrative
assignment are ineligible for the holiday pay listed above. These personnel will receivestraight time pay when they are regularly scheduled to work on the holidays listedabove.
2) Fire Prevention personnel, personnel on a non-occupational injury light/modified duty
assignment and Suppression personnel in the new hire academy will be eligible to havethe day off with pay on the holidays listed above.
3)Suppression personnel working a 112 hour/pay period schedule, personnel on an
occupational injury light/modified duty assignment and Paramedic Lifeguard
Lieutenants shall be credited with an additional 12 hours of holiday pay (using a basesalary rate that excludes additional pays) on the day the holiday occurs based on allFLSA eligible hours paid in the pay period during the calendar year that the holidayoccurs. Employees scheduled to work on a holiday who desire the day off will utilize
their own leave balances.
See Article 33 for the effect of an extended leave of absence on holiday pay.
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 October4, 2010) – The retirement formula shall be 3% @ 50; single highest year finalcompensation.
•Safety Tier 2 - (employees entering safety membership for the first time on or afterOctober 4, 2010) – The retirement formula shall be 2% @ 50; three year average finalcompensation.
•Safety Tier 3 – (employees entering safety membership for the first time on or after
January 1, 2013) - The retirement formula shall be 2.7% @ 57; three year average finalcompensation.
Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after January 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 six months or more) will constitute a third tier and be subject to all the applicable PEPRA provisions.
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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.
Employees shall make the following employee retirement contributions through payroll deductions:
•Tier 1 and Tier 2 safety employees shall pay all of the employee retirementcontribution (9%).
•Tier 3 safety employees shall pay the required PEPRA member contribution rate asestablished by CalPERS.
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.
ARTICLE 19. OVERTIME FOR EMPLOYEES WORKING A 112 HOUR/PAY PERIOD
SCHEDULE
A.In determining an employee’s eligibility for overtime, paid leaves shall be included in thetotal hours worked. Excluded from the total hours worked are duty free lunches, traveltime to and from work (except for emergency call-back), and time spent conducting bona
fide volunteer activities.
Time worked shall be computed by rounding to the nearest quarter of an hour.
B.Sworn personnel who are assigned to fire suppression shall work a 112 hour/pay period on
a Kelly schedule or other shift schedule as approved at the discretion of the Fire Chief ordesignee. Suppression employees temporarily assigned to light/modified duty will beassigned a traditional 5/40 work schedule or alternative work schedule as approved at thediscretion of the Fire Chief or designee. In this situation, the employee's hourly rate willbe converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule
rate.
C.The City of Carlsbad will use a 24-day work cycle for fire suppression employees underthe 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shallbe 24 days in length. The "work schedule" is to be based on a 56 hour average workweek.
Each fire suppression employee on a 112 hour/pay period schedule (or on a light/modifiedduty IOD-related work schedule) will earn six hours of premium pay in each biweekly payperiod.
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In addition, any employee required to perform in excess of an employee’s normal scheduled shift shall receive overtime compensation.
For FLSA overtime, the calculation of the regular rate of pay and overtime premium shall be calculated in conformance with the FLSA as required by this Agreement.
ARTICLE 20. OVERTIME AND COMP TIME FOR EMPLOYEES WORKING AN 80
HOUR/PAY PERIOD SCHEDULE
A.SCOPE1.This article shall apply to employees working in the classifications listed below orwho work an 80 hour/pay period on a 5/40 schedule or alternative schedule as
approved by the Fire Chief or designee:
o Paramedic Lifeguard LieutenantsoFire Prevention PersonneloSuppression personnel in the new hire academy
o Any classification working on an administrative assignment as approved by the
Fire Chief or designee (e.g., Training Captain)
2.However, this article does not apply to any suppression employee who is assigned toadministrative assignment due to temporary light duty status.
3.In determining an employee’s eligibility for overtime, under this agreement, paid leavesshall be included in the total hours worked. Excluded from the total hours worked areduty free lunches, travel time to and from work (except for emergency call-back), andtime 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.
B. COMPENSATION FOR ADMINISTRATIVE ASSIGNMENTS
The employee' s hourly rate will be converted from a 112 hour/pay period schedule rate
to an 80 hour/pay period schedule rate. Beginning with the first full pay period following
Council ratification of this MOU, while appointed or assigned to an administrative position, the employee shall receive an additional 15% above their base hourly pay rate.
C.HOURS OF WORK
1. Overtime
The official 7-day FLSA work week for employees on a 9/80 Friday to Friday
shift begins four hours after the regularly scheduled starting time for their Friday
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shift and ends 168 hours later (at four hours after the regularly scheduled starting
time for their Friday shift).
For all other employees, except suppression employees on an administrative
assignment as Lifeguard Supervisors, who work an 80 hour/pay period schedule
the 7-day FLSA work week is from Monday at 12:00 a.m. to Sunday at 11:59
p.m.
For suppression employees on an administrative assignment as Lifeguard
Supervisors, the city will use a 14-day work cycle for employees under the 7(k)
exemptions contained in the FLSA. The “work period” shall be 14 days in length.
The “work schedule” will be variable based on seasonal needs with a base of 40
hour average workweek. Peak season staffing will be set at a 3/12 and 4/12
schedule with a 42 hour average workweek. The FLSA work period is from
12:00 am Sunday and concludes on the 14th day on the Saturday at 11:59 pm.
(Based on the FLSA 7(k) guidelines, hours worked in excess of 106 in the 14-day
work period will be paid out as FLSA overtime.)
Any employee who is not 7k exempt that is required to perform in excess of 40
hours in their seven-day work week or any employee who works in excess of an
employee’s normal scheduled day shall receive overtime compensation.
For FLSA overtime, the calculation of the regular rate of pay and overtime
premium shall be calculated in conformance with the FLSA as required by this
Agreement.
Employees regularly assigned to a 112 hour/pay period schedule who are assigned
to an 80 hour/pay period schedule administrative assignment, will not be available
to work shift overtime on days they are assigned to an administrative assignment
unless authorized by the Duty Battalion Chief. Employees are authorized to work
suppression overtime during hours they are not assigned to administration.
Employees working an 80 hour/pay period schedule who work a suppression
overtime shift will have their pay rate converted to the 112 hour/pay period rate
while on the suppression overtime shift. This rate shall not include the 15%
administrative assignment pay.
Suppression members that are on an administrative assignment will not remain
subject to force hires for suppression assignments.
2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee working an 80 hour/pay period schedule may elect, subject to department approval, to
receive compensatory time off. No employee shall accrue more than 80 hours of such compensatory time. When an employee has accumulated the maximum
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number of hours of compensatory time off, the employee shall receive all overtime compensation in cash.
An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department.
All accrued and unused compensatory time during the calendar year will be cashed
out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year.
At the time an employee switches from an 80 hour/pay period schedule to a 112
hour/pay period schedule, all accrued and unused compensatory time will be cashed out.
An employee may elect to “cash out” any portion of the employee’s accrued
compensatory time at the employee’s base rate of pay in any pay period. The
employee shall indicate the number of hours to be cashed out on the employee’s timesheet.
3.Request for Temporary Shift Adjustment (Flex Time)
An employee 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 the employee’s normal scheduled shift on that day.
4. Employees hired by divisions or bureaus currently operating on analternative work schedule shall be subject to having their daily work schedulechanged 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 apayroll period; b) normal days off; and c) starting/ending times of assigned shifts.This article shall not be subject to the grievance procedure.
D. RETURN TO SUPPRESSION DUTIES
Upon completion of the administrative assignment, the employee will return tothe employee’s previous rank held at the time of accepting the appointment unlessthe employee has been promoted to another position/rank. The duration of anappointment or assignment to administrative duties will normally be for aminimum of two years but may be extended one year at the discretion of the Fire
Chief or designee.
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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 Authority - Full authority for discipline is retained by the city. The city may discipline a regular employee for just cause. In appropriate cases the city will use progressive disciplinary practices.
23.2 Representation - An employee attending any investigatory or fact-finding meeting which may result directly in discipline, reduction in pay, suspension, demotion or discharge shall be allowed representation.
23.3 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 untruthfulness, misrepresentation oromission of information.
(2)Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,working unauthorized overtime, public disclosure of privileged information ordishonesty.
(3)Failure to maintain certification and licenses required by law or the FireDepartment.
(4)Being under the influence of alcohol or intoxicating drugs 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.
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(13) Willful violation of any of the provisions of the City Code, ordinances,resolutions or any rules, regulations or policies which may be prescribed by the
City Council, City Manager, Fire Chief or designee, 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 aninvestigation conducted by the city or its agents.
23.4 Firefighter Bill of Rights Procedures - The following appeals procedures apply to all
represented employees and are adopted pursuant to Government Code Section 3254.5 of
the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive action.
Prior to taking punitive action involving discipline, suspension without pay, reduction in
pay, demotion or discharge, the employee shall be given notice of the action to be taken,
the effective date for such action, the evidence or materials upon which the action is based, and notified of his/her right to be represented by an attorney or other representative at further proceedings.
23.5 Pre-Discipline Process - The employee will be given an opportunity to respond to the
Fire Chief or designee either orally or in writing, provided the employee requests the opportunity within seven calendar days of the notice of the intended action. For notices of discipline with recommended punitive action not involving discharge, demotion, reduction in pay or suspension the designee will typically be the Assistant Fire Chief.
If the employee or the employee’s designated representative requests the right to respond to the proposed punitive action, imposition of proposed punitive action shall be deferred until after the response is received by the Fire Chief or designee.
It is the Fire Chief’s or designee’s responsibility to coordinate the scheduling of the
conference within 14 consecutive days of the employee’s request. The Fire Chief or designee shall be responsible for receiving the employee’s and/or the employee’s representative’s response to the proposed discipline. The conference shall be conducted informally and shall be limited to the presentation of information by and through the
employee and/or the employee’s representative in response to the charges and allegations
set forth in the notice of proposed discipline.
In the event the employee is unable to respond to the charges within the time permitted and demonstrates the reasonableness of a need for a continuance, the presiding officer
may grant a continuance of up to an additional five calendar days.
The time limits described herein are essential and may only be modified or enlarged by mutual consent of both the employee and the Fire Chief or designee.
The above process will occur prior to the imposition of the discipline.
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23.6 Notice of Discipline - After conclusion of the pre-disciplinary conference and within 30days of the department’s final decision, but not less than 48 hours prior to imposing
discipline, the Fire Chief shall notify the employee in writing of the nature and extent of
the discipline, if any, and the time of commencement thereof. The notice shall also contain a statement of charges which shall set forth the acts or omissions with which the employee is charged in order that the employee will be able to prepare a defense. Also, the notice shall specify the city rules, regulations, policies and procedures which the
employee is alleged to have violated.
The notice of discipline shall also advise the employee of the right to request an appeal hearing by filing a Notice of Appeal as provided under section 23.7 below. The Notice of Appeal must be filed within 15 days after service upon the employee of the Notice of
Discipline. Failure to request an appeal hearing within the 15-day period, will constitute
waiver of the employee’s right of appeal. The Notice of Discipline shall be served personally on the employee with a proof of service noticed and retained by the department.
23.7 Right to Appeal - An employee has the right to appeal punitive action according to the
appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right. A probationary employee (entry level or promotional) rejected during the probationary period shall not be entitled to appeal such rejection via the appeals process.
23.8 Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or Suspension
The city shall follow the Firefighter Procedural Bill of Rights except where hereinafter
noted. The CFA waives the formal appeal of punitive action not involving discharge,
demotion, reduction in pay or suspension (e.g. written reprimands) and agrees to the following procedures in which the Fire Chief, or designee, shall issue a binding decision for such discipline.
A.Notice of Appeal - Within seven calendar days of receipt of the notice of discipline, a
regular employee shall notify the Fire Chief in writing of the employee’s intent to appealthe punitive action. The notice of appeal shall specify the action being appealed and thesubstantive and procedural grounds for the appeal.
B.Presiding Officer - In an informal hearing, the Fire Chief or designee shall be the
presiding officer. If the Fire Chief or designee cannot serve as the hearing officer becauseof actual bias, prejudice or interest as defined by Government Code §11425.40, then theCity Manager or designee shall serve as the Presiding Officer. In such cases, thedetermination of the City Manager shall be final and binding.
C.Burden of Proof- The city shall bear the burden of proof at the informal hearing. Basedupon a preponderance of the evidence, the Department shall show that the action takenagainst the employee was reasonable according to the FBOR.
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D.Conduct of Hearing
1. The formal rules of evidence do not apply, although the Presiding Officer shall
have discretion to exclude evidence which is incompetent, irrelevant orcumulative, or the presentation of which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and testimony. Anywitnesses shall testify under oath.
4. Unless the punitive action involves a loss of compensation, the parties shall not be
entitled to confront and cross-examine witnesses.
5. Following the presentation of evidence, if any, the parties may submit oral and/orwritten closing arguments for consideration by the Presiding Officer.
E.Recording of the Hearing- All hearings may be recorded. If the punitive action involves
the loss of compensation, then the hearing shall be electronically recorded with bothparties receiving a copy of the record.
F.Representation- The employee may be represented by an association representative or
attorney of the employee’s choice at all stages of the proceedings. All costs associated
with such representation shall be borne by the firefighter.
G.Decision- The written decision shall be served in person to the firefighter when practical.The firefighter shall acknowledge receipt in writing and shall be informed that the time
within which judicial review must be sought is governed by Code of Civil Procedure
§1094.6. In the event the decision cannot be delivered in person, the decision will bedelivered to the employee and the employee’s attorney or representative by first classmail, postage prepaid, accompanied by an affidavit or certificate of mailing, and shalladvise the firefighter that the time within which judicial review of the decision may be
sought.
23.9 Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of Pay or Suspension
A formal appeal procedure shall be available for a disciplinary action involving
discharge, demotion, reduction in pay or suspension. The administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. The city will bear all administrative costs associated with a formal appeal of discipline and the subsequent
hearing: including the presiding officer, court reporter and transcription costs, if any. The
employee or employee organization will be responsible for the cost of the employee’s own representation or attorney fees and preparation documents.
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A. Notice of Discipline as Accusation- The final notice of discipline which may be issuedat the conclusion of any pre-disciplinary procedures shall serve as the Accusation as
described in Government Code §§ 11500, et seq. The notice shall be prepared and served
in conformity with the requirements of Government Code §§11500, et seq.
1. If, after investigation and any pre-disciplinary response or procedure, the firedepartment or city decides to impose discipline, the department or the city shall
notify the firefighter in writing of its decision to impose discipline within 30 days
of its decision, but not less than 48 hours prior to imposing the discipline.
2. The notice shall be prepared and served within the timeframes specified inGovernment Code Section 3254(d) and in conformity with the requirements of
Government Code §§11500, et seq. A copy of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the California GovernmentCode shall be provided to the firefighter concurrently with the notice ofdiscipline.
B. Burden of Proof - The burdens of proof and production of evidence shall be borne by
the city. The standard of proof shall be by a preponderance of the evidence.
C.Evidence - Rules of evidence shall comply with Chapter 5, Section 11513 of theGovernment Code.
D. The appeal proceedings shall be reported by a stenographic reporter. However, uponthe consent of all the parties, the proceedings may be reported electronically.
E. The formal appeal shall be presided over by an administrative law judge on staff of the
State Office of Administrative Hearings, hereafter referred to as the “ALJ”. The ALJ
shall preside at the appeal hearing, rule on the admission and exclusion of evidence anddetermine and rule on all matters of law both procedural and substantive. In conductingthe appeal hearing the ALJ shall follow the provisions set forth above.
F. Within 30 days after the case is submitted to him or her, the ALJ shall prepare a
proposed written decision to be submitted to the City Manager. Within 100 days ofreceipt by the City Manager of the ALJ’s proposed decision, the City Manager may takeany of the following actions:
(a) Adopt the proposed decision in its entirety.
(b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of theproposed decision.
(c) Make technical or other minor changes in the proposed decision and adopt it as
the decision. Action by the City Manager under this paragraph is limited to aclarifying change or a change of a similar nature that does not affect the factual orlegal basis of the proposed decision.
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(d)Reject the proposed decision and refer the case to the same ALJ if reasonablyavailable, otherwise to another ALJ, to take additional evidence. If the case is
referred to the ALJ pursuant to this subparagraph, the ALJ shall prepare a revised
proposed decision based on the additional evidence and the transcript and otherpapers that are part of the record of the prior appeal hearing. A copy of the revisedproposed decision shall be furnished decision shall be served to each party and eachparty’s attorney.
(e)Reject the proposed decision, and decide the case upon the record, including thetranscript, or upon an agreed statement of the parties, with or without takingadditional evidence. By stipulation of the parties the City Manager may decide thecase upon the record without including the transcript.
(f)The City Manager’s decision will be reduced to writing and shall be final andbinding on the parties. The City Manager’s written decision shall be served on theparties in accordance with Code of Civil Procedure section 1094.6 GovernmentCode 11518 and the decision shall be subject to judicial review pursuant to Code of
Civil Procedure section 1094.5/Government Code.
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 regardingworking conditions or other matters contained in thisAgreement over which the Fire Chief or designee has control.
(c)Arise out of a specific situation, act, or acts which result indamage 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:
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(a)If it is a matter which would require a modification of a policyestablished by City Council or by law;
(b)Is reviewable under some other administrative procedureand/or rules of the City of Carlsbad (See, e.g., Article 24Discipline), 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 thebasis 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 the person 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.
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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 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 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 calendar days.
The next-level supervisor shall hear the grievance and shall give a written decision to the employee within seven calendar days after receiving the grievance. This portion of this step shall be repeated as
necessary until the next-level supervisor is the Assistant Fire 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
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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 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 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 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 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 California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing
officer they will use a strikeout procedure using a list of seven names
provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name.
All administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription cost, if any, will be shared equally between the city and the Carlsbad Firefighters’ Association. In the case that the Carlsbad Firefighters’ Association does not support the grievance continuing to the advisory hearing by a hearing officer, all administrative costs
associated with the cost of a grievance and the subsequent hearing;
including the hearing officer, court reporter and transcription cost, if any, will be shared equally between the city and the employee.
The employee or employee organization will be responsible for the cost
of the employee’s own representation or attorney fees and preparation
of documents.
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ARTICLE 25. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a workenvironment free from the effects of drugs and alcohol consistent with the directivesof the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical
laboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration(SAMHSA). All procedures and protocols for collection, chain of custody and testingwill be conducted consistent with standards required under SAMHSA certification.This policy is intended to accomplish that objective.
A.Definitions - As Used in This Policy:
1."Drug" means any substance which produces a physical, mental,emotional or behavioral change in the user, including but not limited to,
prescription medications, heroin, cocaine, morphine and its derivatives,
P.C.P., methadone, barbiturates, amphetamines, methamphetamines,alcohol, marijuana, and other cannabinoids.
2.“Workplace” means any site where city-assigned work is performed,
including city premises, city vehicles or other premises or vehicles,
while city-assigned work is being conducted, or within a reasonabletime thereafter.
3.“Reasonable suspicion” means a standard for evidence or other
indication of impairment of normal physical or mental skills by alcohol
or drugs where such impairment could negatively affect workperformance or could pose a threat to public or employee safety.
B.Employee Responsibilities
1.As a condition of employment, employees shall:
a.not engage in the unlawful manufacture, distribution,dispensation, possession or use of alcohol or drugs nor be under
the influence of alcohol or drugs in the workplace or while on-call;
b.submit to an alcohol and drug analysis and remain on the premiseswhen requested to do so by city management, acting pursuant tothis policy, or by law enforcement personnel;
c.notify the city of any conviction under a criminal drug statute(including any pleas of nolo contendere), if such conviction wasbased on a violation which occurred in the workplace, no later than
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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
drugs, prescription or non-prescription (over-the-counter medications),
which may interfere with safe or effective performance of their dutiesor operation of city equipment.
3.Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employmentare relevant to city employment may result in disciplinary action up toand including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the city,
consistent with the legal requirements for disciplinary due process.
C.Employer Searches
For the purpose of enforcing this policy and maintaining a drug-free
workplace, the city reserves the right to search, with notice to the employee
or if no prior notice, in the employee’s presence, all work areas and propertyin which the city maintains full or joint control with the employee, includingbut not limited to city vehicles, desks, lockers, file cabinets, andbookshelves. 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 citycontrol since such work areas may be subject to investigation and/or searchunder this policy. Employees shall have no expectation of privacy in theseareas, locations or properties.
Employer searches shall occur when there is a determination of “reasonablesuspicion” as defined herein. Such searches shall be conducted by personshaving 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 particularsearch, then the city will comply with the Act notwithstanding anything tothe 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 toa search.
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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 fordisciplinary action, up to and including termination.
2.In addition to any disciplinary action, an employee who fails to abideby this policy may also be directed or allowed to satisfactorilyparticipate in an approved alcohol or substance abuse assistance orrehabilitation program.
E.Federal Motor Carrier Safety Improvement Act of 1999 and DOTregulations
The parties acknowledge that the Federal Motor Carrier Safety
Improvement Act of 1999 (see Attachment B) and the California Vehicle
Code apply to unit members. The parties shall comply with the regulationsdeveloped by the Department of Transportation to enforce the Act.
II.DRUG AND ALCOHOL ANALYSIS
A.Pre-employment Drug and Alcohol Analysis
1.Prior to receiving an offer of employment, an otherwise successfulcandidate must submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
2.Persons whose results are positive for either drugs or alcohol will berejected for city employment.
B.Employee Drug and Alcohol Analysis
1.If a manager or supervisor of the city has reasonable suspicion that anemployee is under the influence of drugs or alcohol while in the
workplace or subject to duty, the employee shall be:
a.Prevented from engaging in other work; and
b.Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
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c.An employee may also be required to remain on the premises fora reasonable time until arrangements can be made to transport the
employee 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 morethan 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 causalexplanation other than possible employee responsibility;
e.physical or verbal behaviors that are disruptive, non-responsive,unusual for that employee or otherwise inappropriate to theworkplace situation;
f.attributable possession of alcohol or drugs;
g.information obtained from a reliable person with personalknowledge that would lead a reasonably prudent supervisor tobelieve that an employee is under the influence of alcohol or
drugs;
3.Refusal to remain on the premises or to submit to a drug and alcoholanalysis when requested to do so by city management or by lawenforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including termination.
4.A drug and alcohol analysis may test for the presence of any drug whichcould impair an employee's ability to effectively and safely perform thefunctions of the employee’s job.
5.A positive result from a drug and alcohol analysis may result indisciplinary action, up to and including termination.
6.City agrees to take steps to protect the chain of custody of any drug test
sample.
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7.Employee will be placed on paid administrative leave pending thecompletion 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 possiblealcohol or drug problem can call the EAP office and arrange for anappointment with a counselor.
B.Employees who are concerned about their alcohol or drug use are stronglyencouraged to voluntarily seek assistance through the EAP. All self-referralcontacts 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 violationof 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 authorizedrepresentative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (442) 339-2820, except where a particular city representative is specifically
designated in connection with the performance of a specific function or obligation set forthherein.
Throughout this document, any reference to the Fire Chief or designee is understood
to mean authorization from the City Manager who delegates authority to the Fire
Chief or designee to implement the provisions of this document.
B.CFA, Inc., principal authorized agent shall be its President or duly authorizedrepresentative. Address: P.O. Box 945, Carlsbad, California 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 wereaddressed during the course of the meet and confer process, resulting from thisMemorandum, are superseded and terminated in their entirety. Any understanding or
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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 goodfaith 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 shallnotify 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 thecity within five 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 shallnot 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 duringemergencies. However, the city shall notify CFA, Inc. of such changes as soon aspracticable. 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 shallbe 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 unlessmade and executed in writing by all parties hereto, and if required, approved andimplemented 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, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of this Memorandum shall not be affected thereby.
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ARTICLE 29. PARAMEDIC LICENSE PAY
Fire Captains and Fire Engineers who retain their paramedic license and San Diego County
accreditation will receive paramedic license pay. Effective upon the first day of the first pay period following City Council approval of this MOU, the biweekly pay shall change from $110.77 to the equivalent of 2.5% of the top step Paramedic Firefighter biweekly base salary per pay period.
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 is not reported to CalPERS as special compensation for 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 hours or
more, the employee shall receive five percent 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 are eligible to serve in an acting capacity.
Appendix A describes the requirements for an employee to be eligible to serve in an acting capacity
as of January 1, 2023.
An employee may not serve in an acting capacity for more than six months without prior approval from the Fire Chief or designee.
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 and to impose
specific conditions upon the use of any plan. Such plan shall be implemented according to the plan
document and without cost to the city.
Effective the pay period that includes January 1, 2023 and only until the final pay period in calendar year 2025, for Safety Tier 3 employees only, the city shall contribute a dollar amount into
a deferred compensation plan on behalf of employees. The biweekly employer contribution will
be determined by the following formula:
1.Calculate the difference between the employee contribution rate for Safety Tier 3employees and the employee contribution rate for Safety Tier 1 & 2 employees.
2.Multiply the result by the employee’s biweekly base salary.
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ARTICLE 33. LEAVE OF ABSENCE
33.1 Occupational Injuries or Illnesses
33.1.1 Employees in the classifications of Senior Fire Inspector/Investigator, Assistant Fire Marshal, Firefighter, Paramedic Firefighter, Fire Engineer, Fire Captain, Paramedic Lifeguard Lieutenant 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 other 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 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 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 accrued leave 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 (i.e., the employee would not receive a city paycheck).
A sworn employee may not use accrued sick leave after the city approves
the employee’s Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit.
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33.2 Non-Occupational Injuries or Illnesses
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 accrued 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.
33.3 The city acknowledges the applicability of the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and intends to apply and implement
this document so as to comply with these laws. 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 CFRA or FMLA.
33.4. Leave of Absence Without Pay
A.General Policy
Any employee may be granted a leave of absence without pay pursuant to theapproval of the Fire Chief or designee for less than two calendar weeks. If the
duration of the leave of absence will be longer, the approval of the City Manager
or designee is required.
An employee shall utilize all the employee’s vacation, compensatory time offand/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 onreturn to the employee’s position in the city service.
3.For personal reasons acceptable to the Fire Chief or designee 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 return, and the agreement to reimburse the city for any benefitpremiums paid by the city during the leave of absence. The request shall normallybe initiated by the employee but may be initiated by the Fire Chief or designee, and,
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if applicable, shall be promptly transmitted to the City Manager or 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 grantingextensions shall be the same as that in granting the original leave provided that therequest for extension is made no later than 14 calendar days prior to the expirationof the original leave.
D.Return From Leave
When an employee intends to return from an authorized leave of absence withoutpay either before or upon the expiration of such leave, the employee shall contact
the employee’s Department Head at least 14 calendar days prior to the day the
employee plans to return. The Department Head shall promptly notify the HumanResources Department of the employee’s intention. The employee shall return at arate of pay not less than the rate at the time the leave of absence began.
E.Leave Without Pay - Insurance Payments and Privileges
An employee on leave without pay may continue city insurance benefits byreimbursing the city for the employee’s costs of insurance on a monthly basisduring 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 return to paid status, any sums due to the city shall be repaidthrough 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 tocontinue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all of the privilegesgranted to regular employees.
33.5. 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 accrued leave and leave without pay to
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take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the employee is
disabled on account of pregnancy, childbirth, or related conditions. An employee
shall utilize all accrued leave, except sick leave, 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.
Employees disabled by pregnancy may be eligible to return to work on a light duty
assignment per the Department Directive regarding a non-occupational
illness/injury.
33.6. Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence
(paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below:
1.accrual of sick leave and vacation and2. holiday pay.
On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee’s
salary anniversary date, vacation anniversary date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer.
During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second
leave of absence shall be considered a continuation of the first leave of absence.
Exception for a Probationary Newly Hired Employee When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period and salary
anniversary date shall be extended for each calendar day the employee was on a leave of
absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee.
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33.7. Deployment Recovery Leave
Effective upon the first day of the first full pay period following City Council approval of
this MOU, employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to 24 hours to cover the balance of their remaining shift if returning on a regularly scheduled workday.
If returning from an incident deployment spanning 240 hours or greater on a regularly
scheduled day off, employees shall be granted deployment recovery leave of up to 24 hours to cover the duration of their next regularly scheduled shift so long as that regularly scheduled shift is scheduled to begin within 24 hours of return from the incident.
Employees returning from incident deployments spanning 240 hours or greater will not be
allowed to work overtime or a trade or be eligible to be force hired unless they have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or a regularly scheduled day off.
In the event the department is experiencing a staffing shortage, the Fire Chief or the Fire
Chief’s designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved.
Issuance or non-issuance of deployment recovery leave is non-grievable.
ARTICLE 34. MILITARY LEAVE
Military leave shall be authorized in accordance with the applicable provisions of State and Federal law. The employee must furnish satisfactory proof to the Fire Chief or designee, as far in advance
as possible, that the employee 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 the employee’s regular compensation.
Employees shall be entitled to city-paid reimbursement for mileage, transit pass or any applicable parking fees while on jury duty. If the employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court.
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.
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ARTICLE 36. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) INSURANCE AND VOLUNTARY BENEFITS
All CFA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.
Effective January 1, 2020, all CFA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.
Effective January 1, 2023, all CFA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000.
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 442-339-2440.
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, the employee’s
duties and work 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.
37.3 See Article 33 for the impact of a leave of absence on the probationary period.
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 into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions. CFA, Inc., acknowledges that the city has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll deductions. 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 trust and/or the city's processing of payroll deductions as set forth in this section.
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Effective the first pay period of calendar year 2022, the city will contribute $150 per month per employee to the Post-Retirement Healthcare Trust and all CFA represented employees will
contribute $250 per month to the Post-Retirement Healthcare Trust.
Effective the first pay period of calendar year 2024, the city will contribute $200 per month per employee to the Post-Retirement Healthcare Trust and all CFA represented employees will contribute $200 per month to the Post-Retirement Healthcare Trust.
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.
ARTICLE 40. SURVEY MARKET e
In keeping with the City Council’s philosophy of surveying the total compensation of other
agencies, the agencies listed below will be considered in the survey market for CFA, Inc.
1.City of Encinitas2. City of Escondido
3. City of Huntington Beach
4. City of Oceanside5. City of Poway6. City of San Marcos7.City of Solana Beach
8.City of Vista
9. North County Fire District10. Rancho Santa Fe Fire District
ARTICLE 41. EDUCATION INCENTIVE
This article shall not be subject to the grievance procedure.
41.1 Level 1: Applicable to all employees represented by CFA, Inc.,.
(a) Requirement: Present proof to the Fire Chief or designee of the following:
Evidence of the award of each
of the following certificates issued by the California State Board of Fire Services: 1.Fire Fighter I,2.Fire Fighter II,
3.Driver Operator 1A,
or An Associate degree
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4.Driver Operator 1B, and5.Instructor 16.or State Fire Marshalcertificate of coursecompletion for Fire
Inspector 1A, 1B, 1C and1D
Proof of certification from a California State Fire Marshal
course that is deemed equivalent to one of the courses listed above by the Fire Chief or designee shall also meet the requirement.
(b)Compensation:
Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or designee. It is the sole responsibility of the employee to make notification of eligibility for the
education incentive pay.
Effective the first pay period in calendar year 2023, the biweekly compensation shall be equal to 4.5% of the top step Paramedic Firefighter biweekly base salary.
41.2 Level 2: Applicable to all employees represented by CFA, Inc.,.
(a) Requirement: Present proof to the Fire Chief or designee of the following:
Evidence of the award of the Fire Officer taskbook issued by the California State Board of Fire Services.
Or State Fire Marshal certificates of course completion for Fire Inspector 2A, 2B, 2C and 2D.
or A Baccalaureate degree
(b)Compensation:
Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Fire Chief or designee. It is the
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sole responsibility of the employee to make notification of eligibility for the education incentive pay.
Effective the first pay period in calendar year 2023, the biweekly compensation shall be equal to 6.9% of the top step Paramedic Firefighter biweekly base salary.
41.3 An employee that meets the criteria for compensation under more than one level, above,
shall receive compensation for only the highest such level for which the employee
qualifies.
41.4 Eligibility for education incentive is determined based on the requirements issued by the California State Fire Marshal in place at the time the employee presents evidence of eligibility.
ARTICLE 42. WELLNESS
The city shall contract with a wellness program provider to provide a wellness program to all CFA employees.
Participation in educational components is mandatory. Employees are strongly encouraged to participate in the comprehensive fitness assessment and in the blood chemistry evaluation; however, employees may choose not to participate in either of these two components. All information and results from this general fitness evaluation are confidential in accordance with
HIPAA regulations, non-punitive and will be given only to the employee.
ARTICLE 43. PAID FAMILY LEAVE
Effective January 1, 2020, per Administrative Order No. 84, all CFA-represented employees will
be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child.
ARTICLE 44. ASSOCIATION TIME BANK
An association time bank will be established to provide leave allowance which can be used by
eligible association members to attend conferences, meetings, or other events as approved by the association board.
Each year, in December, association members may designate an irrevocable donation of either
four or eight hours of the vacation they will accrue the following calendar year, to be converted
in February to a dollar value using the employee’s base salary rate that excludes additional pays. An association member will be taxed on the value of the hours at the time of the conversion. The total dollar value of the donated vacation hours will be held by the city and used solely for leave allowance for eligible association members.
With prior approval from the Fire Chief or designee and in compliance with the Carlsbad Fire Department Directive #8.2: Vacation, an employee may use the association time bank for leave
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allowance (a dollar amount in the association leave bank will be converted to hours of leave using the employee’s base salary rate that excludes additional pays). The allowance used for this
purpose is not reportable to CalPERS, is not treated as taxable income based on State and
Federal law and may not be considered as income available for contributions to a 457 plan. The association time bank will be used on a first come, first serve basis. To the extent the dollar value of the association time bank is less than the amount required for an employee’s leave, the employee may supplement by using accrued vacation and/or compensatory time to reach the
amount equal to the employee’s full regular base pay.
Annually, the association board may determine a maximum number of hours to be donated in the following calendar year to the association time bank.
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Appendix A Requirements to Apply for a Promotion and Serve in an “Acting” Capacity
Effective January 1, 2023
I.Fire Engineer
In order to qualify for participation in the promotional process for the position of Fire
Engineer the employee must:
1. Have two years of service in the City of Carlsbad Fire Department.2. Have completed Driver Operator 1A and Driver Operator 1B (or the equivalentcourses as defined by the Fire Chief or designee).
To be eligible to serve in a Fire Engineer acting capacity, and employee must be on a current City of Carlsbad Fire Engineer eligibility list (maintained by the Human Resources Department).
II.Fire Captain
In order to qualify for participation in the promotional process for the position of Fire Captain the employee must:
1. Have three years of service in the City of Carlsbad Fire Department.
2.Have completed all State Fire Marshal courses required to obtain a CompanyOfficer Task Book (or the equivalent courses as defined by the Fire Chief ordesignee).3.Have completed the course, Hazardous Materials IC (HAZ-MAT IC)
4.Have completed all courses required to be certified as an Engine Boss Trainee
(T), per the Carlsbad Fire Department CICCS Certification Form (or theequivalent courses as defined by Appendix A of the CICCS Qualification Guide.5.Have passed a Carlsbad Fire Department Engineer Exam
To be eligible to serve in a Fire Captain acting capacity, and employee must be on a
current City of Carlsbad Fire Captain eligibility list (maintained by the Human Resources Department).
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Appendix B
COMPENSATION AND BENEFITS SUMMARY – EMPLOYEES WORKING A REDUCED FTE SCHEDULE
For employees in the Fire Prevention Bureau working a reduced FTE schedule (0.75 FTE), pro-rated pay and benefits are calculated based on 75% of the full time pay and benefits as outlined
below.
The standard 0.75 FTE work schedule is 30 hours per week. If, occasionally, the employee works more than 30 hours per week, the time worked should be reported appropriately to payroll. Working more than 30 hours per week should not be a continual or regular practice and may
result in jeopardizing the reduced FTE schedule.
COMPENSATION Employees will be compensated at an hourly rate derived from the current bi-weekly salary schedule (i.e., the amount published on the biweekly salary schedule divided by 80 to calculate
the hourly rate). Salary will be calculated based on the number of actual hours worked and
salary earned.
Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra hours
worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in
accordance with the Fair Labor Standards Act (FLSA).
ADDITIONAL PAY & CITY CONTRIBUTIONS TO EMPLOYEE ACCOUNTS Employees who are eligible for the following add-on pays will receive an amount that is prorated
at 75%.
•Bilingual Pay
•Education Incentive
Note: The city contribution to deferred compensation for Safety Tier 3 employees is calculated using the same percentage of actual base salary earnings that is used for full-time employees. The city contribution to a Post Retirement Healthcare Trust will be equal to the same amount contributed for a full-time employee.
OTHER Health Insurance Employees are eligible to participate in the same health insurance program as full-time employees, may select one of the city’s medical plans and will be enrolled with full benefit coverage. Reduced FTE employees will be eligible for benefits credits at a 75% prorated
amount. For more information, refer to the city’s benefit rate sheets.
Leave Accruals and Holiday Pay
•SICK LEAVE AND VACATION: Accruals are prorated at 75%.
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•HOLIDAY PAY: Employees receive six hours of holiday pay per holiday. If a holiday
falls on a day the employee is NOT normally scheduled to work, the employee will agree
with the employee’s supervisor when to take off a regularly scheduled work shift in thatsame pay period as a holiday.
An employee whose scheduled shift duration exceeds the six hours of holiday pay may
get approval from their supervisor to work extra hours in the pay period in which a
holiday falls to make up for the reduced number of hours paid for the holiday. In thiscase, it is NOT required to use leave balances to make up for the fewer hours paid on aholiday. However, on a non-holiday, if an employee leaves early or takes time off,accrued leave balances must be exhausted prior to taking leave without pay.
CalPERS Retirement Per CalPERS law, retirement benefits are calculated based on reportable earnings and actual hours worked. Employee retirement contributions are calculated as a percent of reportable wages earned.
Short Term/Long Term Disability and Life/AD&D Insurance
These benefits are determined using an employee’s ¾ time regular annual base salary. Employees are enrolled in the city’s short and long-term disability insurance plans (3/4 -time employees are not eligible for enrollment in the CFA LTD plan).
Dues
A ¾-time employee does not pay CFA dues.
IN WITNES WHEREOF, the parties hereto have caused their duly authorized representatives to ·s Memorandum of Understanding the day month, and year first above written.
Date
Approved as to form:
� /C � CINDIE MCMAHON, City Attorney
CARL BAD FIREFIGHTERS ASSOCIATION INC.
2/13/2023
TODD HOLMES, President Date
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