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41FORN�P CITY COUNCIL STAFF REPORT
DATE: November 1, 2017 CONSENT
SUBJECT: MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE PALM SPRINGS FIRE SAFETY ASSOCIATION
AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION
FROM: David H. Ready, City Manager
BY: Department of Human Resources
SUMMARY
The City Council will consider modifying the Memorandum of Understanding (MOUs) in
effect with the Palm Springs Fire Safety Association (PSFSA) and a separate MOU with
the Palm Springs Fire Management Fire Association (PSFMA) to remove the provisions
dealing with body piercing and tattoos.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PALM
SPRINGS FIRE SAFETY ASSOCIATION AND PALM SPRINGS FIRE MANAGEMENT
ASSOCIATION"
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City currently has MOUs in effect with the PSFSA and the PSFMA, both of which
expire on June 30, 2018. Both the PSFSA and the PSFMA have informed the City that
they mutually desire to have the provisions dealing with employee body piercing and
tattoos be removed from their respective MOUs and address the subject of employee
body piercing and tattoos in department policy. The Fire Chief and the City are in
agreement with this request, which is common practice in many other fire agencies.
Should the Council approve the Associations' desire to modify the MOUs to remove the
provisions dealing with body piercing and tattoos and have them addressed though
department policy, the City and the Associations would agree through side letter of
agreements as follows: 1
ITEM NO. �--
City Council Staff Report
November 1, 2017-Page 2
Modify MOUs with Fire Safety and Fire Management Associations
1) Remove the following Articles from the respective MOUs:
a) Article 29 of the PSFSA MOU entitled "Body Piercing" provides as follows in its
entirety: "No body piercing jewelry will be worn or displayed on any part of the
body while on duty"; and
b) Article 30 of the PSFSA MOU entitled "Tattoos" provides as follows in its entirety:
"Tattoos or temporary tattoos shall not be visible on the head, face, and neck or
below the elbow"; and
c) Article 30 of the PSFMA MOU entitled "Body Piercing" provides as follows in its
entirety: "No body piercing jewelry will be worn or displayed on any part of the
body while on duty"; and
d) Article 31 of the PSFMA entitled "Tattoos" provides as follows in its entirety:
"Tattoos or temporary tattoos shall not be visible on the head, face, and neck or
below the elbow. Current employees whose tattoos were previously exempted
from the policy shall maintain the exemption"; and
2) Incorporate the following agreed language regarding Body Piercing and Tattoos into
department policy:
a) Tattoos
Any tattoo, brand or mutilation on the head, neck, scalp, face or hands is
prohibited, unless it/they have been acquired prior to the implementation of this
policy. At no time will any tattoo, brand or mutilation on the head, neck, scalp,
face, hands or below the elbow be visible while on-duty or while representing the
Department in any official capacity.
Exceptions:
(i) While in quarters.
(ii) During rehab on an emergency incident.
(iii)One tattoo representing a ring on one finger, on one hand.
Tattoos, brands or mutilations that are inappropriate, as determined at the sole
discretion of the Fire Chief, must be covered without exception. Inappropriate
may include, but is not limited to, marks that exhibit or advocate discrimination
against sex, race, religion, ethnicity, national origin, sexual orientation, age (40
and over), physical or mental disability or medical condition, religion, marital
status or that promote or express gang, supremacist or extremist group affiliation,
drug use, sexually explicit acts or other obscene material.
b) Body Piercing or Alteration
Except for a single stud pierced earring worn in the lobe of each ear, no body
piercing shall be visible while any member is on-duty or representing the
Department in any official capacity. 02
City Council Staff Report
November 1, 2017- Page 3
Modify MOUs with Fire Safety and Fire Management Associations
Alteration to any area of the body that is visible in any authorized uniform or
attire, that is a deviation from normal anatomical features and is not medically
required is prohibited. Such body alteration includes, but is not limited to:
(i) Tongue splitting or piercing.
(ii) The complete or trans-dermal implantation of any material other
than hair replacement.
(iii)Abnormal shaping of the ears, eyes, nose or teeth.
(iv)Branding or scarification
Both Associations, the Fire Chief, and City Staff are in support of this change and the
recommendation is to approve the agreement and adoption of the resolution.
FISCAL IMPACT:
There is no FY budget impact.
J
Perry a son David H. Ready, Esq.,
Director f Human Resources City Manager
Attachments: Proposed Resolution Modifying the MOUs
03
RESOLUTION No.
A RESOLUTION OF THE CITY OF PALM SPRINGS
MODIFYING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE PALM SPRINGS FIRE
SAFETY ASSOCIATION AND PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION
WHEREAS, the City of Palm Springs is a public agency located in the County of
Riverside, State of California, and
WHEREAS, the current Memorandums of Understanding (MOUs) between the
City and the Palm Springs Fire Safety Association and Palm Springs Fire Management
Association contain provisions dealing with employee body piercing and tattoos; and
WHEREAS, it is the desire of the City and the two employee Associations to
remove these provisions on body piercings and tattoos from their respective
Memorandum of Understanding and address the subject of employee body piercing and
tattoos in Fire Department policy; and
WHEREAS, therefore the City and the Associations desire to modify their MOUs
to remove the provisions dealing with body piercing and tattoos.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Article 29 and Article 30 of the Palm Springs Fire Safety
Association MOU and Article 30 and Article 31 of the Palm Springs Fire Management
Association MOU dealing with body piercing and tattoos for employees in those
bargaining units is hereby deleted. The issues addressed by those provisions will be
addressed in Fire Department policy.
ADOPTED THIS 1st DAY OF NOVEMBER, 2017.
David H. Ready, City Manager
ATTEST:
Kathie Hart, Interim City Clerk
04
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHIE HART, Interim City Clerk of the City of Palm Springs, hereby certify
that Resolution No. 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 October 18, 2017 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathie Hart, Interim City Clerk
City of Palm Springs, California
05