HomeMy WebLinkAbout24980RESOLUTION NO. 24980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN
THE PALM SPRINGS FIRE MANAGEMENT ASSOCATION
FOR THE PERIOD JULY 1, 2021, THROUGH JUNE 30,
2023, SUBJECT TO ASSOCIATION EXECUTING THE
MEMORANDUM OF UNDERSTANDING.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) with authority to meet and confer in good faith on matters within the
scope of representation including wages, hours, and other terms and conditions of
employment; and
WHEREAS, the City Negotiation Team has met and conferred in good faith on
wages, hours, terms and other conditions of employment with the Palm Springs Fire
Management Association ("PSFMA"); and
WHEREAS, PSFMA and the City Negotiation Team jointly recommend adoption
of such Memorandum of Understanding by the City Council.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between PSFMA and the
City, for the period July 1, 2021, through June 30, 2023, on file with the City Clerk and
incorporated herein by this reference, is hereby approved upon execution of said
Memorandum of Understanding.
SECTION 2. The City Manager is authorized and directed to fulfill any meet and
confer process(es) in accordance with these changes and execute documents
necessary to effectuate the above actions in a form acceptable to the City Attorney.
Resolution No. 24980
Page 2
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS loth DAY OF FEBRUARY 2022.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
\"�' - a,&,
Justi lifton, City nager
CERTIFICATION
ss.
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24980 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on this loth day of February
2022, by the following vote:
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and
Mayor Middleton
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 17 ; day of
Anthony Mejip, City ClerK
City of Palm Springs, California
Resolution No. 24980
Page 3
PALM SPRINGS
FIRE MANAGEMENT
ASSOCIATION
(PSFMA)
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MEMORANDUM OF
UNDERSTANDING
JULY 19 2021 - JUNE 309 2023
Resolution No. 24980
Page 4
The Palm Springs Fire Management Association (PSFMA)
Memorandum of Understanding
July 1, 2021 - June 30, 2023
GENERALPROVISIONS...........................................................................................................................................1
ARTICLE1, TERM......................................................................................................................................... 1
ARTICLE2, RECOGNITION......................................................................................................................... 1
ARTICLE 3, PRACTICES............................................................................................................................... 1
ARTICLE 4, FEDERAL AND STATE LAWS.................................................................................................. 1
ARTICLE 5, MAINTENANCE OF BENEFITS................................................................................................ 1
COMPENSATION/OTHER PAY................................................................................................................................2
ARTICLE6, SALARIES.................................................................................................................................. 2
ARTICLE 7, OTHER COMPENSATION........................................................................................................ 2
ARTICLE 8, OVERTIME AND COMPENSATORY TIME OFF....................................................................... 5
ARTICLE 9, UNIFORM ALLOWANCE........................................................................................................... 6
BENEFITS.................................................................................................................................................................. 7
ARTICLE 10, HEALTH, DENTAL, VISION AND OTHER INSURANCE.......................................................... 7
ARTICLE 11, HEALTH INSURANCE FOR RETIREES.................................................................................. 8
ARTICLE 12, RETIREMENT.......................................................................................................................... 9
ARTICLE 14, IRS 125 PLAN........................................................................................................................ 11
WORKHOURS/LEAVE........................................................................................................................................... 12
ARTICLE 15, WORK SCHEDULES............................................................................................................. 12
ARTICLE16, VACATION............................................................................................................................ 12
ARTICLE 17, HOLIDAYS............................................................................................................................. 13
ARTICLE 18, SICK LEAVE........................................................................................................................... 14
ARTICLE 19, FORTY HOUR CONVERSION............................................................................................... 15
ARTICLE 20, SHIFT TRADING.................................................................................................................... 15
ARTICLE21, JURY DUTY........................................................................................................................... 15
EMPLOYER/EMPLOYEE RELATIONS...................................................................................................................16
ARTICLE 22, DRUG POLICY/DRUG SCREENING.................................................................................... 16
ARTICLE 23, NON -TOBACCO USE REQUIREMENT................................................................................ 16
ARTICLE 24, BOMB SEARCH..................................................................................................................... 16
ARTICLE25, FILLING VACANCIES............................................................................................................ 16
ARTICLE 26, BOARD OF DIRECTORS...................................................................................................... 16
ARTICLE 27, PAYROLL DEDUCTION FOR ASSOCIATION....................................................................... 16
ARTICLE 28, STRIKES AND WORK STOPPAGES.................................................................................... 16
ARTICLE 29, GRIEVANCE PROCEDURE.................................................................................................. 17
ARTICLE 30, DISCIPLINE........................................................................................................................... 19
ARTICLE 31, WAIVER OF FURTHER BARGAINING ON TERMS WITHIN THE MOU.................................. 23
ARTICLE 34, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS .................................. 23
APPENDIX A. DRUG POLICY/DRUG SCREENING................................................................................... 24
Resolution No. 24980
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MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY OF PALM SPRINGS (CITY)
AND THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA)
JULY 1, 2021 — JUNE 30, 2023
GENERAL PROVISIONS
ARTICLE 1, TERM
A. This Memorandum of Understanding ("MOU") shall be for the period of July 1, 2021,
through June 30, 2023; provided, however, that specific sections of this MOU shall have
later effective dates as specified herein.
ARTICLE 2, RECOGNITION
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Palm Springs Fire Management Association, hereinafter referred to as the
Association, is the exclusively recognized employee organization for members it
represents employed by the City and is comprised of the classifications of Fire Battalion
Chief and Fire Deputy Chief.
B. The Association and the City, have met and conferred in good faith on wages, hours and
other terms and conditions of employment and have reached agreements which are set
forth in this MOU.
ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters
pertaining to employer -employee relations including, but not limited to, wages, salaries, benefits,
hours, and other terms and conditions of employment. Therefore, it is agreed that Sections 4, 5,
6, 7, and 13 only of Resolution 17793 are hereby incorporated by reference into this MOU.
ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal
and State laws and regulations and the provisions hereof shall be effective and implemented
only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or
inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise
held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or
provisions shall be suspended and superseded by such applicable laws and regulations and the
remainder of this MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the employees
represented by the Association shall not be deemed affected by this MOU, except as specifically
modified by provisions hereof or by actions taken in implementation hereof.
Resolution No. 24980
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COMPENSATION/OTHER PAY
ARTICLE 6, SALARIES
Each member of the bargaining unit as of July 1, 2021 shall receive a lump sum payment of
2.18% of their base salary for the period of July 1, 2020 — June 30, 2021 which will be paid on
the pay day for the pay period following City Council approval of this MOU.
For each classification represented by the Association, there is one range on the salary schedule.
ARTICLE 7, OTHER COMPENSATION
7.1 Bilingual Pay
The bilingual pay provided in this section is only available to Battalion Chiefs assigned to a 24-
hour suppression schedule.
Employees who either enter the bargaining unit after July 1, 2021 or who are in the bargaining
unit as of that date who first become eligible for bilingual pay after that date, shall receive up
to $250 per month for bilingual pay. As each employee recertifies for eligibility for bilingual
pay, employees will be required to take both a speaking and listening and a writing bilingual
proficiency examination. Employees shall receive one hundred and twenty five dollars ($125)
per month for passing the speaking and listening portion of the bilingual proficiency exam and
an additional one hundred and twenty five dollars ($125) per month for passing the writing
portion of the bilingual proficiency exam.
The examinations shall be developed and administered by the City to demonstrate fluency in
reading and writing, and speaking and listening the desired second language. All employees
receiving bilingual pay must take and pass the prescribed examinations for each skill (one for
speaking and listening and the other for writing) every two years to continue to receive bilingual
pay for each skill. An employee who passes one of the tests but not the other, will still be
eligible to receive bilingual pay, $125 (as described above) per month for the skill passed. In
addition, the employee may take a recertification examination after waiting at least three (3)
months after taking the recertification examination to which the employee did not pass. If the
employee does not pass that recertification examination, the employee shall not be permitted
to take the recertification examination for that skill until their two year cycle to recertify is has
passed. The City will notify employees when they are required to re -test.
An employee receiving the pay who does not pass both recertification examinations is not
qualified to receive bilingual pay. If this occurs, the employee may be replaced by another
employee who has passed either examination. If there are no other employees who are
certified to receive bilingual pay for either skill, the employee may take the recertification
examinations in both skills after waiting at least three (3) months after taking the initial
recertification examinations to which the employee did not pass. If the employee passes one
of the two examinations, they shall receive $125 (as described above) per month for bilingual
pay. If the employee does not pass either or both of those subsequent recertification
examinations, the employee shall not be permitted to take the recertification examination(s) for
that skill until their two year cycle to recertify has passed. The Human Resources Department
will coordinate the recertification examination for each employee receiving bilingual pay.
Resolution No. 24980
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The parties agree that to the extent permitted by law, Bilingual Pay is special compensation and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
7.2 Education Incentive Pay
Employees receive 2.5% of base pay for a Bachelor's Degree or 5% of base pay for a Master's
Degree from a college or university accredited by either or both the Council for Higher Education
Accreditation ("CHEA") and/or the U.S. Department of Education ("USDE"). The pays for earning
a degree are not are not cumulative. An employee can only receive one level of pay for a degree.
The parties agree that to the extent permitted by law, the pays in this article are special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2)
Educational Pay.
7.3 Emeroencv Call Back Pa
Employees called back to work to respond to an emergency will receive a minimum of four (4) hours
paid at time and one half of callback pay or six (6) hours (four hours at time and one half)
compensatory time at the Fire Chiefs discretion. 'Emergency' shall be defined as engaging or
combating fires, floods, accidents, or involvement in other disaster operations, but shall not
include coverage for minimum staffing or regularly scheduled or prescheduled, non -emergency
work or duty time. Travel that occurs once at work (i.e., during the workday) is compensable.
7.4 Acting Out of Classification
A Fire Battalion Chief may be assigned by the Fire Chief to work out of classification to perform
the duties of a Fire Deputy Chief. A Fire Deputy Chief may be assigned by the City Manager to
work out of classification to perform the duties of the Fire Chief. Employees who are assigned
to work out of classification shall receive pay for working out of classification. Employees shall
be paid from the first day they are assigned to work in the higher classification at the lowest step
on the range of the higher classification, which will provide an increase in base pay of five percent
(5%) (as long as the increase does not exceed the top step of the classification for which the
employee is assigned). If a five percent (5%) increase will exceed the top step of the
classification for which the employee is assigned, the employee will be assigned the top step of
classification in which the employee is acting. Employees shall receive all other pay and benefits
related to their actual classification while assigned to act in the higher classification. To receive
pay for working out of classification, employees must be assigned in advance to work out of
class.
The parties agree that to the extent permitted by law, acting pay is special compensation and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) temporary upgrade pay.
When an employee is assigned to work out of classification, a Personnel Action Form shall be
submitted designating that the employee as acting in the position they are holding.
7.5 Forty (40) Hour Battalion Chief Differential Pay
Battalion Chiefs assigned to a 40 hour schedule shall receive differential pay at the rate of 3.67
hours of pay per pay period for 24 pay periods per year (88.08 hours per year) in the year. In
the two months of the year when there are three pay days, these employees shall not receive
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the pay on the third pay day of the month.
The parties agree that to the extent permitted by law, this pay is special compensation and shall
be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Shift Differential Pay and/or Fire
Staff Premium.
Employees at the rank of Battalion Chief shall be selected for the assignment of Administrative
Battalion Chief following the provision of interest cards to the Deputy Chief. If no one is selected
based on the provision of interest cards or if no employees submit interest cards for the
assignment, the Fire Chief may assign an employee to the assignment. If that occurs the
Battalion Chief with the least seniority in rank having not previously completed a full two -years in
the assignment will be selected. Any Battalion Chief having been promoted prior to July 1, 2019
are excluded from the forced selection process.
Employees who enter the assignment of Administrative Battalion Chief (either by being selected
following the provision of interest cards or by being assigned) will be required to stay in the
assignment for a minimum of two (2) years from the date of entry into the assignment. If, after
two (2) years, no other Battalion Chief has expressed interest in the assignment, and if the
incumbent in the assignment wants to stay in the assignment, the incumbent may stay in the
assignment until another Battalion Chief expresses interest in the assignment and is considered
in the selection process. However, if, after serving in the assignment for two years, the employee
no longer wants to remain in the assignment, there will be a new selection process and another
employee will be selected using the selection process described above.
Any Battalion Chief in the assignment of Administrative Battalion Chief is not precluded at any
time from seeking a promotion while in the assignment. If the employee is promoted while in the
assignment, the employee will leave the assignment upon promotion.
7.6 Longevity Pay:
Effective on the first day of the pay period following City Council approval of this MOU, employees
in this bargaining unit shall receive longevity pay set forth below based on their years of service
in a full-time position with the City of Palm Springs (time served in another agency does not
count) as follows:
10 years —11 years and 364 days — 1.25%
12 years —13 years and 364 days — 1.75%
14 years —15 years and 364 days — 2.25%
16 years — 17 years and 364 days — 3.0%
18 years —19 years and 364 days — 3.75%
20 years or more — 5.0%
Effective the pay period which includes July 1, 2022, longevity pay will increase such that
employees in this bargaining unit shall receive longevity pay set forth below based on their years
of service in a full-time position with the City of Palm Springs (time served in another agency
does not count) as follows:
10 years —11 years and 364 days — 2.5%
12 years —13 years and 364 days — 3.5%
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14 years — 15 years and 364 days — 4.5%
16 years — 17 years and 364 days — 6.0%
18 years — 19 years and 364 days — 7.5%
20 years or more — 10%
These pays are not cumulative. Once an employee becomes eligible for the next level of
longevity pay, they shall qualify for that level and no longer receive the prior level.
The parties agree that to the extent permitted by law, longevity pay is special compensation
and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.
ARTICLE 8, OVERTIME AND COMPENSATORY TIME OFF
8.1 Overtime
Employees shall be compensated at time and one half of the employee's hourly rate for work
performed in excess of one hundred and eighty two (182) hours per twenty four (24) day work
period (in accordance with Section 7(k) of the Fair Labor Standards Act) or in excess of forty (40)
hours a week for those assigned to work schedules of 40 hours per workweek. Both Fire Battalion
Chiefs and Fire Deputy Chiefs qualify as overtime exempt per the FLSA as managers who qualify
for the Executive Exemption of the FLSA. Thus, the overtime provided herein is provided per this
MOU and not per the requirements of the FLSA.
When an employee is required to work outside the City per the City's agreement to provide mutual
aid in the City's California Fire Assistance Agreement with the Governor's Office of Emergency
Services, the employee will be paid at the rate of time and one half for the total hours assigned on
such mutual aid.
8.2 Hours Worked
For employees hired on or before December 31, 2012, all compensated time off shall be
counted as time worked for purposes of computing overtime. For employees hired after January
1, 2013, sick leave does not count as hours worked for purposes of computing overtime. In
calculating hours worked where sick leave has been used, the City will look at each 14-day pay
period separately to determine if overtime is owed. However, other forms of compensated time
off shall be counted as hours worked for purposes of computing overtime.
8.3 Compensatory Time Off
The maximum accumulation cap for compensatory time off (CTO) is one hundred and ninety-
two (192) hours. Compensatory time off may be earned in lieu of overtime at the discretion
of the employee. Upon separation, all accrued compensatory time will be paid at the employee's
current salary rate.
By December 15 of each year, employees may make an irrevocable election to cash out up to
192 hours of CTO which they may earn in the following calendar year. In the following year, the
employee can receive the cash for CTO they irrevocably elected to cash out in either two (2)
separate increments of up to 96 hours or one (1) increment of 192 hours.
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The employee would be paid one half of what they irrevocably elected to cash out hours on both
the second pay day in July and the first pay day on December (assuming they have earned it) or
the employee can elect to be paid their full amount they elected to cash out on the first pay day
in December. However, if the employee's CTO balance is less than the amount the employee
elected to cash out (in the prior calendar year) the employee will receive cash for the amount off
CTO the employee has earned at the time of the cash out.
If an employee makes an irrevocable election to cash out CTO in the following calendar year and
uses CTO in that subsequent year, the CTO used will come from annual leave the employee had
earned prior to January 1 of the year the employee has elected to cash out annual leave. This
is to ensure that assuming an employee had a CTO balance prior to January 1, the CTO used
will not result in a reduction in the amount of CTO the employee will be eligible to cash out.
Employees with compensatory time off banks of 192 hours must use compensatory time off to
lower the time in their bank below 192 hours to be able to accrue additional compensatory time
off.
ARTICLE 9, UNIFORM ALLOWANCE
City agrees to pay a uniform allowance of $125.00/month to each employee as a reimbursement
for expenses incurred in the acquisition and maintenance of uniforms.
The parties agree that to the extent permitted by law, uniform allowance shall be reported to
CalPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report as special
compensation, the value of the uniforms for a unit member employed on or before December 31,
2012. "New members" as defined under the Public Employees' Pension Reform Act of 2013 will
not have the value of the uniforms reported as special compensation.
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BENEFITS
ARTICLE 10, HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to employees. The amounts provided
by the City for health, dental and vision insurance for 2021 are set forth below. Each calendar
year, the City will pay up to a four percent (4%) increase above the prior year's premium rates.
The above explanation of the health, vision, and dental contributions are described with the
following example involving the 2019-2022 rates:
The Association acknowledges that the City's agreement to pay up to four percent (4%) of the
increases for health, dental and vision insurance is a valuable benefit. The Association agrees
that each year, once the increase in the costs of health, dental and vision is known, the amount
that will be paid for by the City will be calculated based on the then current number of employees
in the bargaining unit. The City will then inform the Association as to what those increased costs
will be so that the Association is aware of how much more the City will be spending on these
benefits in the following calendar year. The City will consider these increased costs in evaluating
its positions in collective bargaining.
A. In 2019, the Blue Shield single party rate was $1051.17.
B. In 2020, the rate increased by 3.90% to $1092.17.
C. In 2020, the City paid the 3.90% increase = $ $41.00 increase and the employee paid
the remainder. Thus, in 2020, the premium rate was $1092.17 and the City paid
$966.68 + $41.00 = $1007.68 and the employee paid $84.49.
D. In 2021, that same rate went down to $1077.72. This was a 1.32% decrease over the
2020 rate. The parties agree that it was the City's responsibility to pay the first 4% of the
2021 increase on top of the 2020 premium. Since the 2020 rate was $1092.17, and 1.32%
of that amount $14.45, the City's decrease for 2021 is $14.45 which is subtracted from
what it was paying in 2020. $1007.68 -14.45 = $993.23. The employee pays no increase
for 2021 as the premium amount did not exceed the 4% that the City contributes.
E. For 2022, the City will pay the amount of any increase in the health insurance up to 4%
over the 2021 premium of $1077.72. That increase (if any) will be added to the City's
2021 contribution of $993.23.
Vision and Dental Insurance are calculated exactly the same way as described above for health
insurance.
10.1 Health, Dental and Vision Insurance — Current Employees
The City agrees to contribute up to the amounts below for calendar year 2021 for Unit members
toward Health (including hospitalization, drug coverage through such program(s) as shall be
designated by the Association and approved by the City Council), Dental and Vision insurance.
Unit members will sign verification of dependent eligibility annually at open enrollment.
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City Contribution for 2021
Type of Coverage
Health
Dental
Vision
Single Party
$993.23
$37.07
$13.42
Two -Party
$1906.49
$53.47
$13.42
Family
$2020.26
$79.52
$13.42
City Contribution for 2022
Type of Coverage
Health
Dental
Vision
Single Party
$1.025.56
$38.37
$13.42
Two -Party
$1968.55
$56.20
$13.42
Family
$2086.02
$84.36
$13.42
The City of Palm Springs provides Domestic Partner Coverage to the current health, dental, and
vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership,
Proof of Domestic Partner Relationship as issued by a governmental agency, Statement of
Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner
Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City. The
City will use the same enrollment policies for domestic partnerships as are currently used for
traditional marriages or as provided by the requirements of the insurance carrier.
For medical coverage, if employees elect to opt out of coverage offered by the City, they must
provide proof of "minimum essential coverage" (as defined by the Affordable Care Act) through
another source (other than coverage in the individual market, whether or not obtained through
Covered California).
10.2 Term Life Insurance
The City agrees to provide $50,000 Term Life Insurance coverage at no cost to employees in the
unit.
ARTICLE 11, HEALTH INSURANCE FOR RETIREES
A. "Tier I" — Applicable to All Employees Hired on or Before June 30, 2006
For an employee who retires from the City after 20 years of continuous service, the City shall
pay 75% of the cost of "retirees" health premium plan being covered at the time of retirement.
For an employee who retires from the City after 25 years of continuous service, the City shall
pay 100% of the cost of "retirees" health premium plan being covered at the time of retirement.
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The City will pay up to family coverage.
A Tier 1 employee who retires from active service as a Palm Springs employee who has not
completed 20 years of City service shall be entitled to participate at their own cost in the
medical, hospitalization, and prescription drug coverage plan provided in Article 11.
All employees eligible for retiree medical benefits who become eligible to receive Medicare
must enroll in Medicare Part A and B to remain eligible to receive the above contributions.
1. Service Credit for Health Insurance For Retirees in Tier 1
Employees in Tier 1 shall be eligible for two years of service credit for the purpose of
being eligible for retiree health insurance (e.g., an employee with 18 years of
continuous service will be eligible for the benefits available to those with 20 years of
continuous service) if in the month of June the employee makes an irrevocable offer
to retire (which will be immediately accepted by the City) by no earlier than ninety (90)
days from the date of notice or later than December 31 of that same calendar year.
B. "Tier II" —Applicable to All Employees Hired on or After July 1, 2006:
For all employees with an initial hire date that is on or after July 1, 2006, there will be no
City contribution for retiree health benefits. The City will contribute for each such
employee $150.00 per month to Retiree Health Savings Plan (during employment). The
City will pay the administrative costs of this Plan.
A Tier 2 employee who retires from active service as a Palm Springs employee, shall be
entitled to participate at their own cost in the medical, hospitalization, and prescription
drug coverage plan.
ARTICLE 12, RETIREMENT
12.1 Retirement Formula
Employees (and not "new members as defined by the Public Employees' Pension Reform Act of
2013 - PEPRA) hired prior to December 17, 2011 are covered by the 3% @ 50 formula provided
for by the Public Employees' Retirement Law at Government Code section 21362.2. These
employees' retirement will be calculated pursuant to the optional benefit (in the City's contract
with CaIPERS) of single highest twelve month period.
Employees(and not "new members as defined by the Public Employees' Pension Reform Act of
2013 - PEPRA) hired on or after December 17, 2011 are covered by the 3% @ 55 formula
provided for by the Public Employees' Retirement Law at Government Code section 21363.1.
These employees' retirement will be calculated pursuant to the optional benefit (in the City's
contract with CaIPERS) of single highest twelve month period.
Employees, who are defined as "new members" under the PEPRA, are covered by the 2.7% @
57 formulas provided for by the PEPRA at Government Code section 7522.25(d). These
employees' retirement will be calculated per the three year average final compensation as
provided for by the PEPRA per Government Code section 7522.32(a).
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12.2 Employee Contributions to the Retirement System
A. Employees subject to the 3%@50 and 3%@55 formula hired prior to January 1, 2013:
Employees shall pay their nine percent (9%) member contribution.
Employees shall also pay three percent (3%) compensation earnable for cost sharing in
accordance with Government Code section 20516(a).
B. Employees subject to the 2.7%@57 Formula — "New Members" as defined by PEPRA:
These employees shall pay the statutorily mandated employee contribution rate of one
half of the total normal cost as determined by CalPERS in their annual valuation.
12.3 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code
section 414(h)(2) to ensure that the employees' payment (i.e., "pick up" as that term is used in
section 414(h)(2)) of their employee contribution and cost share is made on a pre-tax basis.
13.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:
A. Pre -retirement death benefits to continue after remarriage of survivor — Government Code
section 21551
B. Death Benefit — Government Code section 21620
C. Post Retirement Survivor Allowance - Government Code sections 21624/26/28 and 21635
D. Military Reallocation Credit - Government Code section 21024
E. Sick Leave Credit - Government Code section 20965
F. Final Compensation Period One Year- Government Code section 20042 for classic members
G. 2% Cost of Living Allowance - Government Code section 21329
H. Prior Service - Government Code section 20055
I. 1959 Survivor Benefit Level 4— Government Code section 21574. Employees pay the
employee premium for this benefit.
ARTICLE 13, EDUCATIONAL REIMBURSEMENT
An employee shall receive tuition reimbursement for courses either approved through the Tuition
Reimbursement Program as set forth in Personnel Rule 18.2 or for other work -related courses
approved in advance at the discretion of the Fire Chief and the Human Resources Director.
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Employees shall receive up to $1,500/fiscal year through the Tuition Reimbursement Program.
However, the City shall budget for the Tuition Reimbursement Program and once the funds in
the budget for the Program have been exhausted by employees accessing the funds, no
additional funds for tuition reimbursement are required to be paid.
ARTICLE 14, IRS 125 PLAN
The City agrees to provide an IRS 125 health care and dependent care reimbursement Plan for
employees. The Association agrees that employees who subscribe to the plan shall pay the Plan
Administrator's fees.
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WORK HOURS/LEAVE
ARTICLE 15, WORK SCHEDULES
15.1
Employees assigned to a 40-hour position shall be allowed to work on either a 4/10 schedule or
a 9/80 schedule, with the understanding that such schedule is at the discretion of the Fire Chief.
The City reserves the right to schedule hours of work. The City and Association agree to meet
and confer on the impacts of any significant work schedule changes other than the 4/10 or 9/80
schedule described above.
15.2
Fire suppression personnel (i.e., the three shift Battalion Chiefs) work a "48/96" work schedule.
The "48/96" work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours)
of scheduled work followed by four consecutive days (for a total of 96 consecutive hours) off -
duty.
ARTICLE 16, VACATION
Employees accrue Vacation as follows:
Years of Service
Hours Accrued & Vested
Monthly (40 Hour Employees)
Hours Accrued & Vested
Monthly (Shift Employees)
0 through 5
12
16.8
6 through 10
14
19.6
11 and after
16
22.5
Employees assigned a fifty-six (56) hour shift workweek shall not accrue vacation hours beyond
the maximum of four hundred fifty-six (456) hours. Employees assigned to a forty (40) hour
workweek shall not accrue vacation hours beyond the maximum of three hundred twenty-five
and seventy-one hundredths (325.71) hours. Employees shall be eligible to use vacation as it
is accrued.
An employee who has accrued the maximum hours of vacation will not continue to accrue
vacation hours until they use vacation to reduce their accrual below the maximum accrual. An
employee cannot accrue vacation hours above the specified maximum accrual.
By December 15 of each year, employees may make an irrevocable election to cash out up to
the maximum number of hours of vacation that they can accrue per year which will be earned in
the following calendar year at the employee's base rate of pay. In the following year, the
employee can receive the cash for the vacation they irrevocably elected to cash out in either two
(2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 16 hours
per month — 192 hours per year, 96 hours each) or one (1) increment of up the maximum they
can accrue in a year.
The employee would be paid one half of what they irrevocably elect to cash out hours on both
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the second pay day in July and the first pay day on December or the employee can elect to be
paid their full amount they elected to cash out on the first pay day in December. However, if the
employee's vacation balance is less than the amount the employee elected to cash out (in the
prior calendar year) the employee will receive cash for the amount of vacation the employee has
accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out vacation in the following calendar year
and uses vacation in that subsequent year, the vacation used will come from vacation the
employee had earned prior to January 1 of the year the employee has elected to cash out
vacation. This is to ensure that assuming an employee had a vacation balance prior to January
1, the vacation used will not result in a reduction in the amount of vacation the employee will be
eligible to cash out.
Upon separation, all unpaid accrued and vested vacation will be paid at the employee's current
salary rate. All unpaid accrued and vested vacation of deceased employees shall be paid to
the estate of said deceased except as otherwise provided by law.
ARTICLE 17, HOLIDAYS
17.1 Payment in Lieu of Holidays
In lieu of all City recognized holidays, Unit Members who work the suppression shift of an average
of 56 hours per week shall be paid 5.61 hours (per pay period (the 24 pay periods when holiday
in lieu pay is paid to employees) at their straight time hourly rate.
The parties agree that to the extent permitted by law, the compensation in this section is special
compensation for those employees who are normally required to work on an approved holiday
because they work in positions that require scheduled staffing without regard to holidays and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) Holiday Pay.
17.2 Holidays for Non -Suppression Unit Members
Employees assigned to a 40-hour schedule (i.e., Unit Members whose regular schedule is not a
suppression shift) shall be entitled to the following paid holidays if they were in paid status for
the entire day the day before and the day after the holiday, (i.e., either the employee worked or
was absent using paid leave for the entire day on such workdays):
17.2.1 City Holidays
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Juneteenth
Independence Day
Labor Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
June 19
July 4
1 st Monday in September
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Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
November 11
Fourth Thursday in November
Day After Fourth Thursday in November
December 24
December 25
17.2.2 Hours Earned For Each Holiday
Employees earn ten (10) hours for each holiday.
17.2.3 How City Holidays Are Observed By Employees
If a holiday occurs on one of their workdays, they shall be entitled to the day off with pay
if they were in paid status for the entire day the day before and the day after the holiday,
(i.e., either the employee worked or was absent using paid leave for the entire day on
such workdays).
For holidays occurring on a Friday or Saturday (i.e., years when Juneteenth, July 4,
Veterans' Day, Christmas Eve, Christmas Day or New Year's Day fall on a Friday or
Saturday and every year for the day after Thanksgiving) they will not move to the prior
open business day (e.g., the Thursday before or the Wednesday before Thanksgiving).
Rather, for each one of those days, employees (who would be off duty on the Friday or
Saturday) will accrue a floating holiday of 10 hours.
If Juneteenth, July 4, Veterans' Day, Christmas Eve, Christmas Day or New Year's Day
fall on a Sunday, the holiday will be observed as a day off on the following Monday.
ARTICLE 18, SICK LEAVE
Employees on a 40-hour workweek shall accrue sick leave at the rate of 8.57 hours for each full
month of service. Employees assigned to shift duty shall accrue sick leave at the rate 12
hours for each full month of service.
Sick leave shall accrue to a maximum of seven hundred and twenty (720) hours for employees who
work shift/suppression shifts and 514.29 hours for employees who work a 40-hour shift.
Notwithstanding the preceding sentence, if an employee's accrued sick leave reaches 720 hours
(or 514.29 hours for employees on a 40-hour shift), they will continue to accrue sick leave in that
calendar year subject to the following: An employee may cash out any accrued sick leave above
720 hours (514.29 hours for employees on a 40-hour shift) in the last pay period in July, if an
employee still has sick leave on the books in excess of 720 hours (514.29 hours for employees
on a 40-hour shift) by the pay day for the first pay period of December, the unused sick leave
above 720 hours (514.29 hours for employees on a 40-hour shift) shall be compensated by a
cash payment in an amount equal to the employee's straight time hourly rate of pay for those
unused accumulated sick leave hours.
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All accrued unused sick leave shall be paid upon retirement from the city service. Per Article
13.4, employees also have the option to convert unused sick leave to credit.
ARTICLE 19, FORTY HOUR CONVERSION
Employees who convert from a 56-hour per week suppression shift assignment to a 40-hour
per week assignment shall have their leave accruals (vacation, compensatory time and sick
leave) divided by 1.4 when entering that assignment. Employees who convert from a 40-
hour per week assignment to a 56-hour per week suppression shift assignment shall have
their leave accruals multiplied by 1.4 when entering that assignment.
ARTICLE 20, SHIFT TRADING
Unlimited time exchanges (i.e., shift trades) will be permitted between employees in accordance
with Fire Department policy and procedure.
ARTICLE 21, JURY DUTY
Employees who are called for and serve on jury duty, or to honor a subpoena, will be given time
off from work with pay.
Employees who call the court while at work and find out that they must report to jury duty the
next day, must continue to work the shift but will be relieved from duty with sufficient time to
arrive at the court for jury duty in the morning. If an employee is scheduled to be on duty on the
day they are on jury duty, they must return to their shift after the jury service is done for the day.
For employees who are required to serve on jury duty for longer than two weeks (and who are
informed of such when empaneled on a jury) their work schedule shall be converted to a 40-hour
staff schedule during their time on jury duty.
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EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 22, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Appendix A.
ARTICLE 23, NON -TOBACCO USE REQUIREMENT
All employees shall not use tobacco products on or off duty throughout the term of their
employment. This includes, but is not limited to, all e-cigarettes.
ARTICLE 24, BOMB SEARCH
Employees are not required to perform bomb searches. Upon receipt of a bomb threat,
employees shall be asked to stand by should rescue or suppression become necessary.
ARTICLE 25, FILLING VACANCIES
The City recognizes the value of promotion through the ranks in the Fire Department and
acknowledges its desire to offer promotional opportunities to members of the bargaining unit.
To that end, all vacancies will be open to internal candidates and their years of service,
qualifications, and service to the City will be factors considered in making a final decision.
However, the City reserves the right to open such recruitments externally if it determines it is
necessary to do so based on the particular vacancy.
ARTICLE 26, BOARD OF DIRECTORS
The Association may conduct a Board of Directors meeting once each month at a City facility
and during the workday, not to exceed two (2) hours.
The City will provide a bank of fifty (50) hours per year to be allocated by the Association
Board of Directors for use by Association Officers or members. The Board of Directors shall be
responsible for notifying the City's Director of Human Resources of the use of such hours when
those hours are used. In addition, the Association will provide a report to the Human Resources
Department upon request (up to twice a year) of the use of these hours in the previous year.
ARTICLE 27, PAYROLL DEDUCTION FOR ASSOCIATION
The City will make a payroll deduction at the request of the Association for dues, assessments,
and other deductions authorized by the Association. The deductions will occur biweekly and will
be paid to the Association's treasurer.
ARTICLE 28, STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
The Association, its officers, agents, representatives, and/or members agree that, they will not
cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job action by
withholding or refusing to perform services.
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Any employee who participates in any prohibited conduct listed above shall be subject to
suspension, demotion, or dismissal by the City.
In addition to any other lawful remedies or disciplinary actions available to the City, if the
Association fails, in good faith, to perform all responsibilities listed below as Association
Responsibility, the City may suspend any and all rights and privileges accorded to the
Association in this Agreement, including but not limited to suspension of the Grievance Review
Procedure and Dues Deduction.
28.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any
Prohibited Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they must immediately
cease engaging in conduct prohibited in said Section 28.1 and return to work.
ARTICLE 29, GRIEVANCE PROCEDURE
29.1 Definition of Grievance
A. A "Grievance" is a dispute of one or more employees or a dispute between one or more
employees involving the interpretation, application or enforcement of the provisions of the
MOU, or of the Personnel Rules and Regulations that are within the statutory scope of
representation, and for which there is no specific method of review provided by federal,
State or local law. A grievance may also be filed by the Association.
B. Reviews of allocations or reallocations of positions as described Personnel Rule 4.3.3 or
reviews of examination ratings as described Personnel Rule 7.7 are excluded from the
grievance procedure. Allegations of harassment, discrimination or retaliation are also
excluded from the grievance procedure as they are addressed by a separate procedure.
C. Release or lay-off of employees during an initial probationary period after hire,
reinstatement, or reemployment is not subject to the grievance procedure.
29.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further referred
to as "days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days,
currently Monday -Thursday, excluding holidays.
B. Initiation - An employee must initiate the grievance within fifteen (15) days of the
occurrence of the event giving rise to the grievance or within fifteen (15) days after the
grievant should, with reasonable diligence, have had knowledge of such occurrence,
whichever is later.
C. Management Reply - Failure by management to reply to the employee's grievance within
the time limits specified under the grievance procedure shall automatically grant the
employee the right to process the grievance to the next level of review.
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D. Failure to Submit to Next Level - If an employee fails to submit from one level to the next
level within the time limits and in the manner provided under the grievance procedure, the
grievance shall not be subject to further consideration and will be deemed resolved.
E. Waiver by Mutual Agreement - Any level of review or any time limits established in the
procedure may be waived or extended by mutual agreement between the employee and
management, which must be confirmed in writing.
F. Outside of Authority - If the supervisor, manager, or department head designated by the
grievance procedure below to receive the grievance determines that they do not have the
authority to resolve it, that supervisor, manager, or department head, shall so inform the
grievant and forward the grievance to the next higher level of supervision with authority to
resolve it, if applicable, or advise the grievant in writing they may continue to the next level
in the process.
29.3 Informal Resolution
A. The responsibility of an employee with a grievance is to promptly inform and discuss the
grievance with the department supervisor or designee in order to, in good faith, endeavor
to resolve the matter expeditiously and informally. If the grievance is filed by the
Association, it does not need to follow the informal resolution process. It can file a written
grievance per Article 30.4 with a supervisor who works in the department to which the
grievance relates.
B. If such informal discussion does not resolve the grievance to the employee's satisfaction,
such employee may file a formal grievance in accordance with the procedure set forth in
this section.
29.4 Procedure
A. The employee shall submit the grievance in writing, with signature and date, and submit
it to their immediate supervisor within fifteen (15) days of the initial commencement of the
occurrence being grieved. The supervisor shall further consider and discuss the grievance
with the employee and such employee's designated representative as deemed
appropriate, and shall, within fifteen (15) days of having received the written grievance,
submit a response thereto in writing to the employee and the employee's representative,
if applicable.
B. If the written response of the immediate supervisor does not result in a resolution of the
grievance, the employee may further submit the grievance, by presenting a written
request, with date and signature, to the employee's department head within seven (7)
days of the employee's receipt of the supervisor's response. The department head may
investigate the grievance and may set a meeting with the employee, employee's
designated representative, and other persons as deemed appropriate to consider the
grievance. Within thirty (30) days of receipt of the grievance by the department head, the
department head shall submit a response to the grievance to the employee and
employee's representative, if applicable.
C. If the response by the department director, does not result in a resolution of the grievance,
the employee may further submit the grievance, by presenting a written request, with date
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and signature to the Human Resources Director, for submission to the City Manager,
within seven (7) days of the unit employee's receipt of the department head's response.
The City Manager or designated representative, may set a meeting with the employee,
employee's designated representative, and other persons as deemed appropriate, to
consider the grievance. Within thirty (30) days of receipt of the grievance the City
Manager or designated representative shall submit a response to the Unit employee and
employee's representative, if applicable. The decision of the City Manager is final and
binding.
D. This grievance procedure is the sole and exclusive method for alleging a violation,
misinterpretation or misapplication of any provision of this MOU or Personnel Rules.
ARTICLE 30, DISCIPLINE
A. Disciplinary actions defined:
1. OralfWritten Warning
The use of an oral or written warning shall be used as a tool by supervisors to address
performance problems or minor instances of misconduct and may be initiated at any
time. If it qualifies as punitive action under the Firefighter Procedural Bill of Rights Act,
the employee shall be entitled to an administrative appeal per the informal process
below. The supervisor or manager will review with the employee both the specific
deficiencies in question and the City's standards. The cause(s) of the deficiency will
be identified along with specific improvement needed. The employee should be
advised of the action that will be taken should they fail to achieve the improvement
outlined within the time period specified. Any written warnings will be kept in the
supervisory file, not the official personnel file, and a copy given to the employee. The
supervisory file is intended to be a temporary file to record performance, both positive
and negative, throughout the performance year. Once the performance evaluation is
completed for the year, all items in the file should be referenced in the performance
evaluation if appropriate, and discarded at the end of the performance year.
2. Written Reprimand
A Written Reprimand generally is appropriate to correct instances of more serious
circumstances or employee misconduct which do not warrant suspension or
discharge, repeated instances of minor misconduct or identified performance
problems. The purpose of a Written Reprimand is to put the employee on notice that
the City will take other disciplinary action unless immediate, real and consistent
improvement in performance is demonstrated. Any decision to issue a Written
Reprimand should be reviewed by the Human Resources Department. The supervisor
or manager issuing the Written Reprimand shall meet with the employee to discuss
specific improvements required within a defined time period to avoid further
disciplinary action. A copy of the Written Reprimand will be placed in the employee's
official personnel file.
3. Suspension
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Suspension is the temporary removal of employees from their duties without pay.
4. Reduction in Pay
A Reduction in Pay is a reduction in hourly salary for a limited and defined period of
time, and does not result in any classification change. The employee continues to
report to work for the duration of the reduction in pay.
5. Demotion
Demotion is the movement of an employee from his current classification to a new
classification having a lower salary range.
6. Discharge
An employee may be discharged for cause.
B. Pre -Disciplinary Procedure
If an employee is to be suspended, receive a reduction in pay, be demoted or discharged,
the employee shall:
1. Receive written notice of the intended action at least seven (7) calendar days before
the date it is intended to become effective, stating the specific grounds and the
particular facts upon which the action is based.
2. Receive copies of any known materials, reports or other documents upon which the
intended action is based.
3. Be accorded the right to respond in writing within a reasonable period of time to the
intended charges.
4. Be accorded the right to meet within a reasonable period of time with the Fire Chief or
designee who has the authority to modify or eliminate the intended disciplinary action.
5. Be given the written decision of the Fire Chief or designee prior to the effective date of
the disciplinary action.
C. Appeal Process
The following appeals procedures are adopted by the parties pursuant to Government
Code § 3254.5 of the Firefighters Procedural Bill of Rights Act.
1. Definitions
a. The term "firefighter" means an employee who is considered a firefighter (including
employees at both ranks within this unit) under Government Code § 3251(a) as
well as any firefighter who is a peace officer pursuant to Penal Code § 830.37. This
includes all employees who are in this Unit.
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b. The term "punitive action" means any action defined by Government Code §
3251(c), i.e., "any action that may lead to dismissal, demotion, suspension,
reduction in salary, written reprimand, or transfer for purposes of punishment."
2. Formal Appeals Procedures — For Punitive Action Causing a Loss of Pay Not Covered
by the Informal Hearing Process
A firefighter shall be entitled to an appeal hearing before an Administrative Law Judge
assigned from the Office of Administrative Hearings which shall be conducted in
accordance with Chapter 5 (commencing with § 11500) of Part 1 of Division 3 of Title
2 of the California Government Code.
a. Notice of Discipline as Accusation - The final notice of discipline which may be
issued at the conclusion of the pre -disciplinary procedures shall serve as the
Accusation as described in Government Code §§ 11500, et seq.
(1) Pursuant to Government Code § 3254(f), the discipline shall not be effective
sooner than 48 hours of issuance of the final notice of discipline.
(2) The notice shall be prepared and served 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 Government
Code shall be provided to the firefighter concurrently with the notice of
discipline.
b. Administrative Law Judge -Pursuant to Government Code § 11512, the appeal will
be heard by an administrative law judge
c. Time and Place of Hearing- Pursuant to Government Code § 11508, unless
otherwise decided by the administrative law judge, a hearing shall be conducted at
City Hall or in another City facility at a time to be determined by administrative law
judge with the input of the representatives of both the City and employee.
d. Notice of the Hearing- A notice of the hearing shall be provided to the parties
pursuant to Government Code § 11509.
e. 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.
The proposed decision of the administrative law judge shall be in writing. Copies
of the proposed decision shall be delivered to the parties by registered mail and
accompanied by a proof of service.
g. Following receipt of the proposed decision, the City Council, or any designee (e.g.,
the City Manager) to the extent authorized by law, may take any of the actions set
forth in Government Code § 11517(c)(2) A through E.
3. Appeals Procedures Informal Process
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The Informal Hearing Procedure, as opposed to the formal procedures, will be used
for disciplinary action imposed on an employee that does not involve termination from
employment, demotion, suspension without pay for more than two (2) shifts for
employees working a 56-hour suppression schedule or three (3) working days for
employees working a 40-hour administrative schedule, or where the practical financial
effect of the discipline equates to a two shift suspension or less for employees working
a 56-hour suppression schedule or three (3) working days or less for employees
working a 40-hour administrative schedule.
a. Appeal to the Fire Chief or Designee
(1) A firefighter who receives notice of a punitive action shall be entitled to
appeal the action to the Fire Chief prior to the effective date of the punitive
action. The appeal is an opportunity for the firefighter to present written
material and arguments why a punitive action should not occur or offer
alternatives to the action.
(2) Notice of Appeal: Within seven (7) calendar days of receipt by a firefighter of
notification of a punitive action, the firefighter shall notify the Fire Chief in writing
that they intend to appeal the punitive action. The notice of appeal shall specify
the action being appealed and the substantive and procedural grounds for the
appeal. Nothing in this section shall limit the right of the Department to institute
disciplinary action, notwithstanding that an appeal may be pending.
(3) Hearing Officer: The Fire Chief or designee shall act as the hearing officer. If
the Fire Chief cannot serve as the hearing officer because of actual bias,
prejudice or interest as defined by Government Code §11425.40, then the City
Manager or designee shall serve as the hearing officer. The hearing shall take
place within thirty (30) calendar days of the date the firefighter was notified
about the punitive action (e.g., received a written reprimand) or such other time
as may be agreeable by the parties.
(4) Burden of Proof: The City shall bear the burden of proof at the hearing.
The Department shall have the burden of proving by a preponderance of the
evidence the facts which form the basis for the charge(s) and that punitive
action was reasonable under the circumstances.
(5) Conduct of Hearing:
The formal rules of evidence do not apply, although the Hearing Officer shall
have discretion to exclude evidence which is incompetent, not relevant or
cumulative, or the presentation of which will otherwise consume undue time.
The rules of privilege shall be observed.
The parties may present arguments through documents and statements.
iii. If the punitive action being appealed is a written reprimand, the parties will
not be entitled to confront and cross-examine witnesses.
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iv. Following the presentation of written material and statements, the involved
parties may submit closing arguments orally or in writing for consideration
by the hearing officer.
V. Representation: The firefighter may be represented by an association
representative or attorney of their choice.
(6) Decision:
After the hearing, a decision will be submitted in writing within thirty (30)
calendar days and provided to the employee. The decision shall advise the
firefighter that the time within which judicial review of the decision may be
sought is governed by Code of Civil Procedure § 1094.5.
(7) Decision to impose Discipline:
If, after the hearing, a decision is rendered which imposes discipline, pursuant
to Government Code § 3254(f), the discipline shall not be effective sooner than
48 hours of issuance of the final notice of discipline.
ARTICLE 31, WAIVER OF FURTHER BARGAINING ON TERMS WITHIN THE MOU
The terms agreed upon by the MOU shall take effect at the time specified herein upon approval
by Resolution of the City Council of the City of Palm Springs and shall remain in full force and
effect until midnight, June 30, 2023.
ARTICLE 34, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS
Unit members hired on or after 8:00 a.m. on October 11, 2015 must live within 75 miles of the
City limits. Prior to February 1, 2020, the 150 miles could be measured by using a linear
calculation. For any employees hired on or after February 1, 2020, the calculation of the 150
miles shall be made by using Google Maps driving directions.
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APPENDIX A. DRUG POLICY/DRUG SCREENING
The City of Palm Springs, the Association and employees have a vital interest in maintaining
safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol
on the job may pose serious safety and health risks not only to the user but to co-workers and
the citizens of Palm Springs. The possession, use or sale of an illegal drug, marijuana or of
alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On
the job" means while on City premises, at work locations, or while on duty .
The City of Palm Springs, the Association and employees recognize that their future is dependent
on the physical and psychological well-being of all employees. The City and the Association
mutually acknowledge that a drug and alcohol -free work environment benefits employees and
citizens, and members agree to comply with this policy at such time as a mutually agreed upon
employee assistance program is in place. The purpose of this article is to define the City's drug
and alcohol policy as well as the possible consequences of policy violation.
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly
prohibited.
Section 1
When reasonable suspicion exists, the City may require an employee to submit to a substance
screening. The employee will be given the option to select a blood test or urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent
supervisor to suspect that an employee is under the influence of drugs or alcohol so that the
employee's ability to perform the functions of the job is impaired or so that the employee's ability
to perform their job safely is reduced.
Section 2
Any manager or supervisor requesting an employee to submit to a substance screening shall
document in writing the facts constituting reasonable suspicion and shall give the employee a
copy. This report must advise the employee of his right to representation. The employee shall
be given an opportunity to provide additional facts. An employee who is then ordered to submit
to a substance abuse screening may request to be represented. Because time is of the essence
in drug screening, a representative must be available within a reasonable time or the employee
will then be ordered to submit to a substance screening. An employee who refuses to submit to
a substance screening may be considered insubordinate and shall be subject to disciplinary
action up to and including termination.
Section 3
The supervisor, or designee, shall transport the suspected employee to the testing facility or shall
call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test
is selected. Urine samples shall be taken at the Police Station under supervision of the
supervisor. Testing shall occur on City time and be paid for by the City. Employee urine samples,
or other body fluids, will be collected in a DOX Security Container System or other system which
includes methods or mechanisms designed to assure the integrity of the sample. The facility
used for testing shall be certified by the National Institute of Drug Abuse and comply with
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established guidelines for "chain of custody" to insure that identity and integrity of the sample is
preserved throughout the collecting, shipping, testing and storage process.
Section 4
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An
employee who tests positive on a confirmatory test will be given the opportunity to discuss the
results with a physician to be designated by the City. The employee should be prepared at that
time to show proof of any valid medical prescription for any detected substance or to otherwise
explain, if they so chooses, a positive test result.
Section 5
While use of medically prescribed medications and drugs is not per se a violation of this policy,
this policy shall establish that no employee shall operate a City vehicle or dangerous machinery
or equipment while taking any kind of medication or drugs which are clearly marked that they
may cause significant drowsiness or impair an employee's performance. An employee shall notify
their supervisor, before beginning work, when taking such medications or drugs. In the event
there is a question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from a physician designated by the City
may be required. The City reserves the right to send an employee home on sick leave under
these circumstances.
Section 6
Employees with substance abuse problems are encouraged to participate voluntarily in the City -
sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought
by an employee with complete confidentiality and without adverse consequences to their
employment. Employees should be aware, however, that a request for assistance through the
EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test result,
and/or other violation of this policy or other City/department rules and regulations, the City will refer
an employee to the EAP. Such referral could, at the discretion of the City, be made available to
the employee as an alternative to disciplinary action. Referral would be subject to agreement by
the employee to enroll, participate in and successfully complete a rehabilitation and/or counseling
program and other terms and conditions in a "Last Chance Agreement".
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Resolution No. 24980
Page 30
PALM SPRINGS FIRE MANAGEMENT ASSOCIATION REPRESENTATIVE
Date:
PSFMA President
Signature
PSFMA Member at Large Signature
CITY OF PALM SPRINGS
Date:
By: By:
City Manager
Attest:
By: By:
City Clerk
Approved to form:
LIM
City Attorney
Labor Attorney
Director of Human Resources
Council Approval:
26