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HomeMy WebLinkAbout1979-07-23; City Council; Resolution 58511 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD FIREFIGHTERS'ASSOCIATION. INC. WHEREAS, representatives of management and the Carlsbad Firefighters' Association, Inc. have been conducting negotiations pursuant to the Meyers-Milias-Brown Act, regarding wages and other terms and conditions of employment for Fiscal Years 1979- 1980, 1980-1981, and 1981-1982; and WHEREAS, said representatives have reached agreement which they desire to submit to the City Council for approval; and WHEREAS, the City Council has determined it to be in the public interest to accept such an agreement in the form of a Memorandum of Understanding, marked Exhibit A and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Memorandum of Understanding between the Carlsbad Firefighters' Association, Inc. and representatives of management is hereby accepted. 3. That the City Council intends to implement said memorandum by incorporating its terms into the salary plans for Fiscal Years1979-1980, 1980-1981, and 1981-1982 and the Personnel Rules and Regulations of the City of Carlsbad and by other appropriate actions necessary in accord with its terms. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1E 19 2c 21 22 2: 24 2E 26 23 2E 0 0 adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of the Zarlsbad City Council held on the 23rd day of July , 1979, by the following vote, to wit: AYES : Councilmen Packard, Lewis, Anear and NOES : Councilman Skotnicki ABSENT: None Councilwoman Casler ATTEST: (SEAL) 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of July, 1979, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City") and the designated representatives of the Carlsbad Firefighters' Association, Inc. (hereinafter referred to as CFA, Inc. "employees") . PREAMBLE It is the purpose of this Memorandum of Understanding (herein- after referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the Citymanagement 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 reachedas a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CFA, Inc. as the majority repre- sentative for all classifications in this Unit, as set forth in Attachment A of the Petitition for Formal Recognition, submitted January 28, 1976, in accordance with the provisions of Section 2.43.090 (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 Memo- randum by the membership of CFA, Inc. It is agreed that the City will act in a timely manner to 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 commence on the date when the terms and conditions for its effectiveness, as set forth in imple- mentation, are fully met; but in no event shall said Memorandum become effective prior to 12:Ol a.m. on July 1, 1979. This Memo- randum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1982. -2- ARTICLE 4. RENEGOTIATION Section 1. In the event either party desires to meet and confer in good faith on the provisions of a successor Memorandum, such party shall serve upon the other party, during the period from December 1, 1981, to February 1, 1982, its request to commence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer shall begin no later than March 1, 1982. Section 2. Unless the City serves upon CFA, Inc. full entire written proposals to amend, add to, delete or otherwise change any of the provisions of this Memorandum, this Memorandum shall constitute City's full proposal for a successor agreement, except in the matter of salaries or other economic provision. Upon receipt of such notice and proposals, meet and confer shall begin no later than March 1, 1982. Notwithstanding the above, if federal or state governments take action that has direct effect upon areas which fall within meet and confer, the City may submit proposals concerning these areas at later dates. Section 3. If neither party requests a reopening for the purpose of renego- tiation, all conditions of this Memorandum remain in full force and effect for one year from the date it would have terminated unless either party gives thirty (30) days notice to terminate subsequent to June 30, 1982. ARTICLE 5. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all present benefits for the term ofthis agreement, except as amended by this Memorandum. ARTICLE 6. COMPENSATION ADJUSTMENTS The parties agree to recommend the City Council amend the existing City Salary Plan adopted by City Council Resolution No. 5569, to provide salary increases in the amounts effective on the dates shown below. a. Seven percent (7%) effective July 1, 1979. b. Seven percent (7%) effective July 1, 1980. c. Seven percent (7%) effective July 1, 1981. ARTICLE 7, DISPOSITIQN QF ACCUMULATED SICK LE&VE Parties agree to recommend to the City Council that 3s of June 30, 1979, the provisions of Section 8, Rule XI, Persannel Rules and 0 -3- Regulations, Resignations, providing for sick leave payoff, shall not apply to represented employees, and agree that the rule shall be amended to so provide. Parties agree to recommend to the City Council that as of June 30, 1979, Rule X, Attendance and Leaves, Section 6, be amended by the amendment of the last sentence beginning, "Members of the Fire and Police Department...", etc. to provide that the Section 6 benefits do not apply to represented employees. Parties further agree that the changes quoted below be added to the City of Carlsbad Personnel Rules and Regulations. Section 5, Rule X, "Sick leave shall not be taken as vacation time, nor compensated in cash at any time." "Local safety employees shall not be granted sick leave in lieu of nor in addition to the leave of absence with pay authorized by Section 4850 of the California Labor Code. Local safety employees are not entitled to sick leave for any job related injury or other occurrence which entitles the employee to 4850 benefits. In consideration of the above agreement parties recommend to the City Council that the City pay each employee, subject to the provisions of this Memorandum, who as of June 30, 1979, meets the service requirements as stated in Section 8, Rule XI, quoted above, a cash settlement for accrued sick leave greater than the amount of 30-24 hour shifts. Such cash settlement to be computed on the basis of one shift of accrued sick leave being equal to 24 hours. Those employees with more than ten but less than 15 years of service shall be compensated at a rate of 17.5% of total accumulated hours greater than 30-24 hour shifts. Those employees with 15 or more years of service shall be compensated for 35% of their total accumulated hours greater than 30-24 hour shifts. Eligibility for such cash settlement to be based upon approval of both parties of a list of eligible employees provided by the City, showing by name the eligible employees and their accrued sick leave, total accrued sick leave stated in hours and their hourly rate of pay as of June 30, 1979, exclusive of any Educational Incentive Program salary supplement, Such list to be distributed to the members of CFA by the City for possible challenge or amendment within five working days. If after five working days no challenges are received and/or all amendments are completed the list shall be considered correct by both parties and agreement indicated by recording signatures of the authorized agents of both parties to said list. Payment shall be further contingent upon receipt of a signed and dated request from each eligible employee, stating the total number of accrued sick leave hours greater than 30-24 hour shifts of accrued sick leave that the eligible employee desires to be compensated for. Such requests to be received not later than August 1, 1979 by the Person- nel Director, City of Carlsbad, and to contain a statement of understanding that any portion of accrued sick leave greater than 30-24 hour shifts for which cash settlement is not requested will continue as an accrual but for which cash settlement may not be requested after August 1, 1979. Payments of cash settlements shall be made in a lump sum or in installments with the manner and time of such payments to be determined by the City Manager, but in no case will payment be completed later than July 1, 1982. Parties further agree that on and after July 1, 1979 sick leave shall be accrued at a rate of 12.6 hours per month, -4- Parties further agree to recommend to the City Council that on or after July 1, 1982, the City proceed in a timely manner to amend its existing contract with the Public Employees' Retirement System of the State of California. The purpose and intent of the contract amendments will be to provide any remaining accrued sick leave at the time of retirement from City service will be converted to retirement service credits at a ratio of each twenty-five (25) days of accrued sick leave being equal to one (1) month of retire- ment service. ARTICLE 8. EDUCATIONAL INCENTIVE COMPENSATION Parties agree to recommend to the City Council that the Educational Incentive Program, established by the Memorandum of Understanding between the City and CFA on June 2, 1972 shall be modified effective July 1, 1979. Such modification would continue the present program only for personnel who were employed by the City as of June 30, 1979. No provisions of the Educational Incentive Program shall be applicable to any person hired by the department after July I, 1979. ARTICLE 9. PUBLIC EMPLOYEES? RETIREMENT SYSTEM Parties agree to recommend City Council authorize the amendment of the existing contract between the City and the Public Employees' Retirement System to include the following changes, a. Inclusion of the provisions of Section 21380-7 of the California Government Code, the 1959 Survivorsv Benefit, in the contract effective July 1, 1980, b. Inclusion of the provisions of Section 21252-01 of the California Government Code, the 2% at age 50 retirement, in the contract effective June 30, 1982, ARTICLE 10. FULL UNDERSTANDING, MODIFICATION, WAIVER A. B. It is the intent of the parties that this Memorandum of Under- standing set forth the full and entire understanding of matters agreed to upon conclusion of meet and confer sessions which resulted in this Memorandum. Any other matters, not contained herein, which were addressed during the course of the meet and confer process, resulting in this Memorandum, are superseded and terminated in their entirety. Any understanding or agree- ment, 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. It is the intent of the parties that this Memorandum of Under- standing be administered in its entirety in good faith during its full term. It is recognized that during such term it may be necessary for the City to make changes in rules or procedures affecting the employees in the Unit. Where the City finds it necessary to make such change it shall notify CFA, Inc., indicating the proposed change prior to its implementation, If CFA, Inc. wishes to consult or negotiate with the City regarding the matter, CFA, -5- C. D. E. F. Inc. shall notify the City within five (5) working days from the receipt of such notice. Upon receipt of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the City. Where the City makes such changes because of the requirements of the law, the City shall not be required to negotiate the matter of compliance with any such law. Nothing herein shall limit the authority of the City to make such changes required during emergencies, However, the City shall notify of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency. "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change. Failure by CFA, Inc. to request consultation or negotiations, pursuant to Paragraph €3, shall not be deemed as approval of any action taken by the City. Except as specifically provided herein, it is agreed and under- stood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any other matters within the scope of negotiations, during the term of this Memorandum of Under- standing. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 11. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181), except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CFA, Inc. principal authorized agent shall be its President or duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181). -6- ARTICLE 12. 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, federal and state regulations. If any part or provision of the Memorandum of Understanding 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 super- seded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understand- ing the day, month, and year first above written. CITY OF CARLSBAD Carlsbavrefighters' Associati n, Inc. City Attorney V