HomeMy WebLinkAbout23027 RESOLUTION NO. 23027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS FIRE SAFETY
ASSOCIATION REPRESENTING THE FIRE SAFETY UNIT AND
IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION
REPRESENTING THE FIRE MANAGEMENT UNIT, FOR THE
PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012, SUBJECT TO
UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM
OF UNDERSTANDING. A6084. A6417.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR) who
shall be the City's principal representative on all matters of employer-employee relations,
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, through its Municipal Employee Relations Representative
(MERR), has met and conferred in good faith on wages, hours, terms and other
conditions of employment with the Palm Springs Fire Safety Association (PSFSA)
representing the Fire Safety Unit and the Palm Springs Fire Management Association
(PSFMA) representing the Fire Management Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and PSFSA
and PSFMA have reached agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within such Fire
Safety Unit and Fire Management Unit, subject to ratification by the Unit; and
WHEREAS, PSFSA, PSFMA and the MERR jointly recommend adoption of such
MOU's 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 PSFSA, PSFMA
and MERR, for the period July 1, 2011 through June 30, 2012, on file with the City Clerk
and incorporated herein by this reference, is hereby approved upon ratification and
execution of said Memorandum of Understanding in a form approved by the City
Attorney.
Resolution No.23027
Page 2
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 21ST DAY OF SEPTEMBER, 2011.
ATTEST: DAVID H. READY, ANAGER
AMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23027 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 September 21, 2011, by the
following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
AMES THOMPSON, CITY CLERK
City of Palm Springs, California t o`Dgz�lt
so
UO `OC 3Nnr wz ` � Ai"inr
9NIaNVlSN3aNn
=iO wnaN"OW3W
o�
ANn A13.ies 3111=4
SJNINdS WlVd
Table of Contents
Alphabetical
Page Article
Public Employees' Retirement System Contributions 1 1
Medical, Dental,Vision,and Life Insurance 2 2
Overtime 3 3
Emergency Callback Pay 4 4
Bomb Search 4 5
Certification 4 6
No"moking.Requirement 5 7
Performance Standards 5 8
Emergency Callback and Contract Overtime 5 9
Acting Pay 5 10
Leave 6 t1
-Forty-Hour Conversion 8 12
Base Salaries 9 13
Staffing 10 14
Vacation Relief 10 15
Educational Incentive Pay 10 16
Tuition Reimbursement 11 17
Mileage Reimbursement 11 18,
DMV Physicals 11 19
Payroll Changes 11 20
Uniforms 11 21
Federal—State Laws 12 22
Practices 12 23
Maintenance of Benefits 13 24
No Request for Changes During Term 13 25
Strikes and Work Stoppages 13 26
Layoff and Recall: 13 27
IRS 125 Plan 14 28
Exchange of Duty Time 14 29
Paramedic Program 14 30
Union Business Bank 14 31
Electronic Communication Guidelines 14 32
06
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF PALM SPRINGS
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
AND THE PALM SPRINGS.FIRE SAFETY UNIT
(JULY 1, 2011 —JUNE 30, 2012)
This Memorandum of Understanding is entered into with reference to the
following facts:
1. Pursuant to the provisions of the Meyers-Milias-Brown. Act., Government Code
Section 3500, et seq., the City of Palm Springs (hereinafter referred to as the "City') .
continues to recognize the Palm Springs Fire Safety Association.(hereinafter referred to
as the "Association") as the exclusive recognized employee organization for the
employee unit of representation known as the Fire Safety Unit (hereinafter referred to
as the "Unit), which is comprised of the positions of Fire Fighter and Fire Engineer in
accordance with Resolution 16438 (hereinafter the City's "Employer-Employee
Relations Resolution"), as amended on November 1, 2006.
11. The Association and the Municipal Employee Relations Representative
(hereinafter referred to as the "MERR") have met and conferred in good faith on wages,
hours and other terms and conditions of employment for the employees represented by
the Association in the aforesaid group and have reached agreements which are set
forth in this Memorandum of Understanding (hereinafter referred to as the "MOU").
The ASSOCIATION and the MERR agree as follows:
I. This MOU constitutes a joint recommendation by the Association and the MERR;
to be. submitted to the City Council of the City of Palm Springs for its
determination and approval by one or more resolutions, as the City Council may
deem fit and proper.
II. Upon Council approval, this MOU shall be for the period commencing July 1,
2011, and terminating midnight, June 30, 2012, provided, however that speck
sections of this MOU shall have later effective dates as specified herein,
1. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS
1.1
The City shall pay each Unit employee's contribution. to the California Public
Employees' Retirement System (hereinafter referred to as "CalPERS").Said payment
made by the City shall be for the employee's contributions, not to exceed nine .
percent (90/6). Such payments are made in accordance with the provisions of the
Internal Revenue Code, Section 414 (h) (2), and pursuant to California Government.
Code Section 20615.
1 07
The City will continue to contract with CalPERS for the Improved 1959 Level 4
Survivors Benefit at no additional cost to the Unit employee.
The City will continue to contract with CalPERS for the 3% @ 50 Safety formula for
Unit employees hired prior to date of ratification of this MOU by City Council_
For Unit employees hired after date of ratification of this MOU by City Council the
parties agree that.the.City will take all necessary steps so that such employees will
be provided with the 3% @ 55 benefit under the Public Employees' Retirement
System.
2. MEDICAL, DENTAL, VISION AND LIFE INSURANCE
2.1
The City agrees to, contribute up to .the following amounts toward medical,
hospitalization and prescription drug coverage, through such program(s) as shall be
designated by the Association and.approved by the City Council. In addition, the
City agrees to provide EAP and Vision Care for employee and family, and ($50,000)
Term Life Insurance coverage at no cost to the employee.
The City's maximum contribution to health insurance premiums for all currently
active Unit employees, effective January 1,2011, are as follows:
Single Par $68.5.96
Two-Pa $1316.69
Family 1 $1395.26
2.1.1 Retiree Health Coverage
All employees hired prior to November 1, 2006 or who had already received a
written offer of employment City's maximum contribution will be 75% of insurance
premium for retirees' coverage upon completion of 20 years of City service, and
100% payment for retirees' coverage upon completion of 25 years of City
service.
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.
Retired employees who have not completed 20 years of City service shall be
entitled to participate at his/her own cost in the Association's medical,
hospitalization and prescription drug coverage plan.
For all new employees hired after November 1, 2006, there will be no City
contribution for retiree health benefits. The City will, however, make a $100.00 per
month contribution to an employee Retiree Health Savings Plan and the associated
fixed dollar cost of administration.
2
08
2.2
Effective ,January 1, 2011, the City's maximum contribution for dental insurance
currently through AETNA Dental shall be as follows:
Single Pa $33A3
Two-Party 1 $46.84
Family $66.01
2.3
In the event that the premium charges for the health or dental program exceed the
City's maximum rate of contribution (as described in 2.1 and 2.2) by five 5%
annually at any during the term of this MOU, the amount of the excess shall be
paid by the employee through a payroll deduction.
2.4
Unit employees shall remain in the City's medical plan for Police, and Fire _
Employees , which is currently Blue Shield of California, and shall not be eligible for
any other City insurance plan for the duration of this MOU.
2.5 Domestic Partner Coverage
The City shall maintain Domestic Partner Coverage in the current health, dental and
vision plans, Enrollees must provide a copy of the Declaration of Domestic
Partnership, Statement of Financial Liability for Domestic Partner Health Benefits,
and Affidavit of Eligibility for Economically Dependent Children to the City. The City
shall 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.
3. OVERTIME
3.1
Personnel Rule 5.10.4, Fire Safety Unit Overtime Rate, shall continue to read: "Fire
Safety Unit shift employees shall be compensated for overtime worked at a rate of
fifty percent above the employee's regular hourly rate of pay for the work performed
in excess of two hundred four (204) hours per twenty-seven (27) day work period."
This work period is in accordance with Section 7(k) of the Fair Labor Standards Act.
3.2
All compensated time off shall continue to be counted as time worked for purposes
of computing overtime.
3.3
The Fire Department will continue to use TeleStaffr", an automated staff scheduling
software.system to administer overtime as specified in Article 4 of the Administrative
Procedure, whenever more than twelve (12) overtime hours are available. The
Association shall be represented on the Fire Department "TeleStaffTm Software
3 09
Committee" to assist in the:design, implementation, and resolution of issues related
to the program's use.
3.4
Fire Department Administrative Procedure SOP# Admin 4, is hereby amended to
provide that Unit employees who are offered an overtime assignment may decline
that overtime.assignment without losing his/her position on the overtime assignment
list.
3-5
Personnel Rule 5.11.3 is hereby amended such that Unit employees assigned to
shift duty shall not accumulate compensatory time in excess of ten (10) shifts (two
hundred forty(240) hours).
4. EMERGENCY CALLBACK PAY
4.1
Unit employees will receive a minimum of four(4) hours callback pay per incident.
4.2
Personnel Rule 5.12A, Emergency Callback Pay for the fire Safety Employ-e—es,
shall continue to read:
'When Fire Safety Unit employees are retained or called out and work as a result of
emergencies, such time spent on emergencies shall be compensated at a rate of
fifty percent (50%) above the employee's regular, hourly rate of pay. Such
emergency callback or retention time shall not be eligible for additional premium
compensation as provided in Rule 5.10, Subsection 4. 'Emergencies' 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."
4.3
Any pre-existing residency restrictions remain abolished. Unit employees
responding to emergency callback shall be compensated for their travel time up to a
maximum of one(1) hour.
5. BOMB SEARCH
Unit employees will not be required to perform bomb searches. Upon receipt of a
bomb threat, Unit employees shall be asked to stand by should a rescue or
suppression become necessary.
6. CERTIFICATION
6.1
As a condition to participation in an examination for promotion to Fire Engineer, an
4 10
employee must continue to be certified on an aerial unit, a triple combination
pumper and an ARFF unit prior to the examination application closing date.
6.2
All Fire Engineers must continue to be certified on all apparatus before the end of .
their probationary period..
7. NONSMOKING REQUIREMENT
All Unit employees hired after July 1, 1990 shall, as a condition of employment, be
nonsmokers and must remain nonsmokers throughout the term of their employment.
S. PERFORMANCE STANDARDS
The parties have agreed to the Performance Standard program in the form attached
hereto as Exhibit A.
9. EMERGENCY CALL-BACK AND CONTRACT OVERTIME
Emergency callback time and contract overtime (e.g., special detail working for
another employer which is arranged by and contracted through the City) shall be
paid rather than accrued as compensatory time off.
10. ACTING PAY
Unit employees who are required. to work in higher classification for a period in
excess of two (2) hours in any workday shall receive acting pay as follows:
10.1
If the employee works two through twelve hours, the employee shall receive an
additional six tenths (A) of an hour pay at the employee's regular hourly rate of pay.
10.2
If the employee works more than twelve and up to twenty-four hours, the employee
shall receive 1.2 hours of pay at the employee's regular hourly rate of pay.
10,,3
The only Firefighters selected to work out of classification as Engineers and receive
acting pay will continue to be those Firefighters who have successfully passed the
examination for promotion to the position of Engineer. Said Firefighters are required
to act as Engineers when called upon to do so.
10.4
If there is not a measurable balance of persons on the Engineer eligibility list onthe
various shifts, the Chief or his designee may require persons on the eligibility-list to
change shifts in order to obtain a measurable balance. In selecting individuals for
such changes in shifts, the Department will first seek volunteers 'and, if an
insufficient number of volunteers are available, shall then determine the persons
whose shifts shall be changed based upon reverse orderof seniority.
5 ��.
11. LEAVE
11.1 Accrual and Vestino
Unit employees hired on or after July 1, 1983i shall accrue annual leave annually on
the anniversary of the individuals most recent hire date, with the first accrual.being
made after one (1) year of continuous service. There shall be no monthly prorating.
After one (1) year of continuous service, said accrual shall be made monthly in
accordance with the appropriate annual leave accrual schedule.
11.2 Accrual Rates for 56-hour workweek shift.Unit Employees
Unit employees assigned a fifty-six (56) hour shift workweek shall accrue annual
leave at the following rates:
COMPLETION OF CONTINUOUS SHIFT HOURS ACCRUED FOR
YEARS OF SERVICE EACH FULL MONTH
1 th through 5 12
6 throw h 10 16
th
11 through 15 20
16 and after 22
11.3 Accrual Rates for 40-hour workweek Unit Employees Unit employees assigned
a forty (40) hour workweek shall accrue annual leave at the following rates:
COMPLETION OF CONTINUOUS HOURS ACCRUED FOR EACH FULL
YEARS OF SERVICE MONTH WORKED .
at th
1 Iffi through 5 8.57
6 through 10 11.43
11 through 15 th 14.29
16 th and after 15.71
11. 4 Annual Leave Maximum
Unit employees assigned a fifty-six(56) hour shift workweek shall not accrue annual
leave hours beyond the maximum of four hundred fifty-six (456) hours. Unit
employees. assigned to a forty (40) hour workweek shall not accrue annual leave
hours beyond the maximum of three hundred twenty-five and seventy-one
hundredths (325.71) hours.
11..5 Annual Leave Cash-Out
Unit employees shall have the option of converting accrued and vested annual leave
into cash, without limitation. Cash-outs of annual leave shall be permitted twice a
6
12-
year,on the last pay day of July, and the first pay day of December. Employees
must advise payroll of their desire to convert accrued and vested annual leave to
cash three weeks prior to these pay days.
11.6 Annual Leave While on Occupational Iniury Leave or Sick Leave
Unit employees who are.on an occupational injury leave or sick leave and reach,the
maximum annual leave accrual may request a temporary lifting of the maximum four
hundred fifty-six (456) hours accrual by giving written notice to the Chief. In such
cases, the employee shall be permitted to continue to accrue annual leave over four
hundred,fifty-six (456) hours from the time such notice is given until the next regular
annual leave cash out date. On said next regular annual leave cash out date, the
employee must cash out at least all annual leave in excess of four hundred fifty-six
(456) hours or the employee will lose such excess hours. The employee will not be
entitled to accrue annual leave in excess of four hundred fiftyaix (456) hours on and
after the date of said next regular annual leave cash out date. Employees on
occupational injury leave or sick leave may cash out their annual leave pursuant to
Article 11.5. This paragraph shall apply on a per injury basis.
11.7 Annual Leave Usa-ge
The practice of allowing two Unit shift employees and two Fire Management shift
employees per shift to be on scheduled vacation simultaneously is to be continued,
but in the event that one management employee schedules a given day for vacation,
one additional Fire Safety Unit employee (3 total) will be allowed to schedule that
day off provided that no more than four shift employees are scheduled off. If no Fire
Management employees are scheduled off, .two additional Fire Safety Unit
employees will be allowed to schedule that day off (4 total) provided that no more
than four shift employees.are scheduled off.
Furthermore, in the event that one Fire Safety Unit shift employee schedules a given
day for vacation, one additional Fire Management shift employee (3 total) will be
allowed to schedule that day off provided-no more than four shift employees are
scheduled off. If no Fire Safety. Unit employees are scheduled off, two additional
Fire Management employees will be allowed to schedule that day off (4 total)
provided no more than four shift employees are scheduled off.
11.7.1
Unit employees shall be allowed to request single, unscheduled vacation days
throughout the year provided no more than four shift employees are scheduled
off that shift for any purpose.
11.8
Requests to use more than 12 hours of compensatory time must be made 48 hours
in advance.
7
13
11.9 Fire Safety Unit Sick Leave Provisions
11.9.1 Accrual Rates
Unit employees assigned to shift duty shall accrue sick leave at the rate on one-
half (112) shift for each full-month of service, to be earned and reported in shift
hours.
11.9.2 Eligible to Use
Unit employees are eligible to use accrued sick leave upon completion of six (6)
continuous months of service with the City.
11.9.3 Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or seven hundred and
twenty (720) hours. After the sick leave accrual in December of any year,
employees who have accumulated more than 720 hours during the preceding
twelve (12) month period, unused sick. leave above 720 hours shall be
compensated by a cash payment in the last pay date of the calendar tax year, in an
amount equal to the employee's straight time hourly rate of pay for those unused
accumulated sick leave hours.
11.10 Disoosition of Accrued &Vested Leave Upon Termination
11.10.1
Upon termination all unpaid accrued and vested annual leave will be paid at the
employee's current hourly rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
11.10.2
Unit employees shall be paid for all accrued, vested and unused sick leave upon
a public safety service or disability retirement.
11.11 Payment in Lieu of Holidays
In lieu of all City recognized holidays, Unit 'Members shall be paid 5.14 hours (for
employees working the suppression shift of am average of 56 hours per week) and
3.67 (for employees working a 40 hour per week assignment) per pay period (the 24
pay periods when holiday in lieu pay is paid to employees) at their straight time hourly
rate.
12. FORTY-HOUR
Where appropriate, the benefits accorded Unit employees in this MOU shall be
converted to accommodate those employees who work an average of forty (40)
hours per week(shift hours/1.4 =40 hour conversion).
8
14
13. BASE SALARIES
13.1 No Increase to base salaries for the term.of the contract
07-0141 (0%)
07-01-12 (0%)
13.2 Bilinaual Pay
The City agrees to compensate Unit employees who are bilingual in Spanish an
additional five (5%) percent, but limited to four (4) persons/shift. The .City shall
establish testing procedures.
13.3 Trainina Officer Pay
Fire Safety Unit employees who have specialized training which qualify them to
teach other members of the department during sanctioned or scheduled training
events will be compensated 5% (1.2 hr's) for each day they teach. Adjunct
instructors may also be compensated 5% for teaching with the primary Instructor.
On or off duty class preparation time does not qualify for incentive pay, and the
Battalion Chief has the authority to determine who receives the training officer pay.
Courses and instructors must be identified prior to the class and must be approved
by Battalion Chief.
Clams approved for Trainina Officer Pay are:
•. Swift water Rescue
• Trench Rescue
• Confined Space Rescue
• High and Low Angle Rescue
• Fire Control III
• Haz Mat Decon
• Haz Mat FRO
Additional classes may be authorized with the approval of the Fire Chief.
13.4 Scott Air Pak Technician
One Fire Safety Unit employee from each shift (three maximum)shall be designated
as an approved department ScottTm Self Contained Breathing Apparatus (SCBA)
Technician and receive 5% incentive pay. The technicians are required to obtain
their ScottTm SCBA repair training, initial certification; and recertification at the
department's expense in order to receiving incentive pay.
Each certified technician must maintain their ScottTm training and certification per
ScottTm requirements and meet the requirements of the department's supervising
Fire Captain in order to stay in the program.
Each technician shall be assigned to Fire Station 442 as their primary"home station'
during their tenure as a technician. The Battalion Chief has the ability to temporarily
9
� 1.5
transfer the technician to other stations as needed for staffing and training purposes.
After six years as a technician receiving incentive pay, other fire safety unit
members on that shift may request to enter the program and become a certified
ScottTm technician. If a new employee is selected, the existing technician .will no
longer receive incentive pay once the new person has received their certification.
If the existing technician requests to, remain in the program and another employee.
wishes to become a technician, the position will be given to the new candidate.
provided they have been recommended by the Scott supervising captain and the
shift battalion chief. If no other employee on the shift wants to become a technician,
the existing technician may stay in the program for another 6-year tern.
Existing ScottTM technician's must notify the SCBA Captain and the Shift Battalion
Chief six months before their 2-year ScottTM certification expires if they wish to drop
out of the program prior to completing the full six year term.
The department will make every effort to keep SoottTM technicians assigned to their
respective shifts however that cannot be guaranteed. If two or more technicians are
assigned to the same shift, the department may require the transferring technician to
forfeit their incentive pay upon the next recertification, so that another shift can have
a technician assigned.
In order to enter the program, an employee must submit a memo in writing to the
Shift Battalion Chief stating the reasons why they would be a good ScottTM
technician. Applications will be reviewed by the SCBA supervising captain, and the
Shift Battalion Chief. An oral interview may also be required. A final
recommendation will be given to the Fire Chief who will make the decision.
14. sTAFFING
The station safety shift staffing shall be not less than 16.
15. VACATION RELIEF
The City agrees that for vacation relief, minimum staffing be maintained by
replacing individuals on a rank for rank basis.
16. EDUCATIONAL INCENTIVE PAY
Effective January 2, 1994, City agrees to compensate Unit employees, over base
pay, an additional 5% for an Associate's Degree or 7.5% for a Bachelor's Degree,
or 10% 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").
Effective January 1, 2001, City agrees to compensate Unit employee's over base
pay, an additional 2.5%for a State Fire Officer's Certificate.
10
16
17..TUITION REIMBURSEMENT
Unit employees shall be entitled to receive up to $3,OOO per fiscal year through the
Tuition Reimbursement Program; except that the City's costs per fiscal year for this
Unit shall not exceed the City's total fiscal year liability. Thus, the parties intend by
this provision to increase individual employee reimbursement but not increase total
program potential cost liability.
18. MILEAGE REIMBURSEMENT
Unit employees shall receive mileage reimbursement in accordance with existing
City policy, at the prevailing IRS rate.
The Unit agrees to the elimination of the AQMD Rideshare Program.
19. DMV PHYSICALS
The City does not pay for medical exams that were formerly required by the
Department of Motor Vehicles. Should the Department of Motor Vehicles.reinstate
that requirement for Fire Engineers, then City will resume payment for those
medical exams, provided the affected employees utilize the physician(s)designated
by the City.
20. PAYROLL CHANGES
The Department will not process payroll changes that are less than a full.24 hour
shift for employees after the shift is complete at 0800 a.m. on payroll Friday.
Payroll changes will. be made for individuals who have full 24 hour shifts to.be
debited or credited. All other payroll adjustments will be carried forward to the
following pay period including emergency recall.
The Department will no longer accept Overtime/Comp Time determination changes
after 8.p.m. on the shift they are working. All time off requests, overtime and comp
time hour determination must be submitted to the Shift Battalion Chief by 8 p.m. of
the shift the employee is currently working.
21. UNIFORMS
21.1 Uniform Allowance
City agrees to pay a uniform allowance of$125.00/month to each Unit employee as
a reimbursement for expenses incurred for acquisition and maintenance of uniforms.
21.2 Class"A' Dress Uniforms
All Fire Safety Unit members are to purchase and possess an approved "Class A"
dress uniform upon completion of their first year of probation as a full time member
of the Palm Springs.Fire Department.
30 days after the employee has completed probation, they are to submit a receipt to
their supervisor to be forwarded to the Human Resource Department verifying that
the uniform has been ordered and purchased.
11
17
Employees wishing to have the city pay the initial cost of the uniform shall order the
uniform from an approved supplier. The approved supplier will then invoice the city
for the full cost of the uniform and the employee will then pay back the city for the
full cost of the uniform in 12 equal installments deducted from their uniform check,
Note: Only one City.sponsored purchase can be made for the uniform. If the
employee wishes to purchase additional uniform accessories at later time, or from.
another supplier, they must pay for those items without city assistance.
21.3 Body Piercing
No body piercing will be worn or displayed on any part of the body while on duty.
21.4 Tattoos
Tattoos or temporary tattoos shall not be visible on the head, face, and neck or
below the elbow.
21.5 SIDA Badges
All new employees shall obtain a SIDA Badge within first three months of
employment, at no cost to the employee.
22. FEDERAL-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 shalt
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.
23. 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 all such ordinances, resolutions and policies, including.
but not limited to Sections 4, 5, 6, 7, and 13 only of the Employer-Employee
Relations Resolution 16438 are hereby incorporated by this reference and made a
part hereof as though set forth in full and except as provided herein shall remain in
full force and effect during the term hereof. The City and its employees shall
continue to have the rights and prerogatives as set forth in Section 4, 5, 6, 7, and
13 of Resolution 16438, and nothing in this MOU shall be deemed in any manner to
abridge, restrict, or modify the same..
12 18
24. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by
Unit 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.
25• . NO REQUEST FOR CHANGES DURING TERM
The terms agreed upon by this MOU shall take effect at the times specked herein
upon approval by resolution by the City Council and shall remain in full force and
effect until midnight, June 30, 2012. The Association hereby expressly waives any
right to demand any improvements or any changes In the wages, hours, or other
conditions of employment of Unit employees covered by this MOU, and the City
shall not be required to meet and confer as to any such demand or request.
26. STRIKES AND WORK STOPPAGES
26.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or Unit employees agree
that during the tern of this. MOU, they will not cause or condone any strike;
sympathy strike, walkout, slowdown, sick out, or any other unlawful and/or
concerted job action by withholding or refusing to perform services.
26.2
Any Unit employee who participates in any conduct prohibited in 26.1 above shall be
subject to suspension, demotion, or dismissal by the City.
26.3
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 in 26.4
- The Association Responsibility, the City may suspend any and all rights and
privileges accorded to the Association in this MOU, including but not limited to
suspension of the Grievance Review Procedure and Dues Deduction.
26.4 The Association Responsibility
In the event that the Association, its officers, agents, representatives, or Unit
employees engage in any of the conduct prohibited in 26.1 - Prohibited Conduct, the
Association shall immediately instruct any such 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 26.1 and return to
work.
27. LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except as
modified herein. if a Unit member bumps to a lower classification as a result of
layoffs, the employee's "Classification Seniority" in the lower position will be defined
as all of his time in any of the classifications in the Unit. For members of the Unit,
layoff of any employee shall be made in the following order. Employees shall be laid
13 19
off by classification in the reverse order of seniority in that classification. In the
event that two (2) or more employees in the same classification. have the same
classification seniority, then layoff shall be made on the basis of final ranking on the
eligibility list for the position, then departmental seniority, then City seniority.
27.1 Seniority
In the absence of a definition for the term "seniority" as used in the City's Personnel
Rules and MOU with PSFSU, "seniority' shall mean "the length of the employee's
continuous unbroken7 service with the.City. .
An employee who separates from the City for any length of time and for any reason
but who returns to employment with the City shall have his or her calculation of
seniority based on the most recent date of hire. Any prior service for the City prior
to separation shall not be considered.
28. IRS 125 PLAN
The City agrees to provide an IRS 125 Plan for Fire Safety Unit members. 'the Unit
agrees that member employees who subscribe to the plan shall pay the Plan
Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by the
Plan Administrator during the enrollment period for the new plan year will become the
responsibility of the employee to pay via direct billing.
29. EXCHANGE OF DUTY TIME
There is no limit on the number of time exchanges a Unit employee may enter into,
but the Association encourages employees.to notify management no later than 24
hours prior to the exchange taking place.
30. PARAMEDIC PROGRAM
City of Palm Springs to develop a Paramedic Program to enhance the emergency
delivery system and fire readiness in the City of Palm Springs. It is understood that
the Program is a non-transport. EMS enhancement to the existing fireirescue
system. Paramedic personnel will be cross-trained in fire fighting and rescue
techniques and will augment fire/rescue tasks when needed. Those employees
assigned to the Paramedic Program will receive compensation of an additional 15%
above their current pay rate.
31. UNION BUSINESS BANK
The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by UNION as directed by the Union's Board of Directors for use by Union
Officers or members. The Union President will be responsible for notifying the
City's Director of Human Resources of the use of such hours.
32. ELECTRONIC COMMUNICATION GUIDELINES
Unit agrees to City-wide Electronic Communication Guidelines.
14 20
EXHIBIT "A" -PERFORMANCE STANDARDS PROGRAM:
After meeting and conferring with the representatives of the City of Palm Springs Fire
Safety Unit .(hereinafter the "Fire Unit"), the Palm Springs fire Department hereby
implements the following Performance Standards Program applicable to individuals
employed in the classifications of Firefighter and Engineer.
1. Freguency of Testing. Performance tests will be given to the employees in the Fire
Unit on a quarterly basis.
2.. Current Performance Tests. The Performance Standard tests utilized at this time
shall be the following:
(a) Ladder Removal.
Remove a 24-foot extension that is mounted six feet from the ground to a
horizontal position.
(b) Hose Hoist.
Hoist one section of two and on half-inch hose with nozzle assembly by use of a
pulley.
(c) Equipment Removal/Hose Load.
Pick tip, carry and stack five.rolls,of2 1/2 inch hose onto a platform.
(d)Joist Crawl:
Carry 100-foot bundle of 1 3/4 inch hose with nozzle on shoulder through the
attic prop and return.
(e).Dry Hose Drag.
Advance a dry 2 1/2 inch hose line with nozzle 150 feet forward.
(f) Aerial Ladder Climb.
Climb the 100-foot aerial ladder while wearing full turnouts and breathing
apparatus. The aerial ladder will be at a 65-degree angle.
(g)Thirty-Five Foot Extension Ladder Standard.
Remove from apparatus, carry and raise.
(h)Twenty-Four Foot Extension Ladder Standard.
Remove from apparatus, cant'and raise.
(i) Donning Breathing Apparatus Standard.
Don breathing apparatus while wearing turnout coat, gloves, and helmet.
16 21
0)Ventilation Standard. .
Ladder building and take required tools and equipment aloft.
Page 1 of ExhibitA (see Article 8)
In the event the.Department desires to add to or modify.the existing tests, it will
notify the representatives of the Fire Unit of such proposal and will provide said
representatives with an opportunity to meet and confer with respect to that subject
Effect of Failure to Pass One or More of the Performance Tests
The representatives of the Department and the representatives of the fire Unit have
reached agreement that the performance,_standards listed in paragraph 2, above,
are job-related tests in that they accurately reflect tasks which members of the Fire
Unit may be required to perform in the course of their duties. Accordingly, it is
essential that all members of the Fire Unit be able to pass the Performance
Standards Test
17 22
MUNICIPAL EMPLOYEE PALM SPRINGS FIRE ASSOCIATION
RELATIONS REPRESENTATIVE
Date: Date: a <
By: By:
CITY MANAGER WSIDENT "
r r—
By: By:
HUMAN OURCES DIRE OR IDE
By:
B
By:
1
BQARt5 MEMBER
By:
BOARD MEMBER
By:
OR:REPRESENTATVE
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
15 23
PALM SPRING
FIRE MANAGEMENT
ASSOCIATION
4
ReiE��
MEMORANDUM OF
UNDERSTANDING .
JULY 11 2011 - JUNE 303 2012
24
Table of Contents
Alphabetical
Page Article
Public Employees' Retirement System Contributions 1, 1
Board of Directors 1 2
Payroll Deduction 1 3
Practices 2 4
Maintenance of Benefits 2 5
Strikes and Work Stoppages 2 6
Federal and State Laws 2 7
Educational Reimbursement 3 8
Insurance 3 9
Insurance for Retirees 4 10
Retirement 4 11
Sick Leave 5 12
Educational.IncenWe Pay 6 13
Paramedic Pay - 6 14
Bilingual Pay 6 15
Salaries 6 16
Annual Leave 6 17
Payment in Lieu of Holidays 8 18
Compensatory Time Accumulation 8 19
Drug Policy 1 Drug Screening 8 20
Acting Assignments 10 21
Forty Hour Conversation 11 22
Work Schedules 11 23
Time Exchanges. 11 24
Emergency Recall 11 25
Bomb Search 11 26
Jury Duty 12 27
Mileage 12 28
Uniform Allowance 12 29
Body Piercing 12 30
Tattoos 12 31
Non Smoking Requirement 12 32
SIDA Badges 12 33
IRS 125 Plan 12 34
Changes During Term and Reopeners 13 35
25
MEMORANDUM OF'UNDERSTANDING (MOU)BETWEEN THE MUNICIPAL EMPLOYEE
RELATIONS REPRESENTATIVE(MERR)AND THE PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION (PSFMA)
REPRESENTING THE FIRE MANAGEMENT UNIT
JULY 1; 2011 —JUNE 30, 2012
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 exclusive recognized employee organization for members,it represents
employed by the City in the Fire Management Unit as defined in Section .8.12 of the
Employer-Employee Relations Resolution, Resolution 16438, as amended by Resolution
17793;
B. The Association and the Municipal Employee, Relations. Representative,
hereinafter referred to as the MERR, have met and conferred in good faith on wages, hours
and other terms and conditions of employment for the employees represented by the
Association in the aforesaid group and have reached agreements which are set forth in this
Memorandum of Understanding, hereinafter referred to as the MOU.
THE ASSOCIATION AND MERR agree as follows: ,
1. This WOU constitutes a joint recommendation by the Association and the MERR, to
be submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
This.MOU recommended to the City Council shall be for the period commencing July
1, 20011, and terminating at midnight, June 30, 2012; provided, however, that
specific sections of this MOU shall have later effective dates as specified herein.
2. 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 hours.
The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by ASSOCIATION AS DIRECTED BY 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.
3. PAYROLL DEDUCTION
The City will provide payroll deduction on request of the Association for dues,
assessments, and other deductions authorized by the Association. Remittance will
be biweekly to the Association's treasurer.
z 26
4. 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 all such ordinances, resolutions and policies, including
Sections 4, 5, 6, 7 and 13 only of the Employer-Employee Relations Resolution
16438 are hereby incorporated by this reference and made a part hereof as though .
.set forth in full and except as provided herein shall remain in full force and effect
during the term hereof. The City and its employees shall continue to have the rights
.and prerogatives as set forth in Sections 4, 5, 6, 7 and 13 of Resolution 16438, and
nothing in this MOU shall be deemed in any manner to abridge, restrict or modify the
same except as limited by the Strikes and Work.stoppages section of this MOU.
5. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members 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.
6. STRIKES AND WORK STOPPAGES
6.1 Prohibited Conduct
The Association, its officers, agents, representatives andlor 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.
Any employee who participates in any prohibited conduct fisted 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.
6.2 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
Agreement and unlawful, and they must immediately cease engaging in conduct
prohibited in said Section 6.1 and return to work.
7. 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.
2 27
If any part of this MOU is in conflict or inconsistent with such applicable provisions of
Federal or State laves 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
B. EDUCATIONAL REIMBURSEMENT
No Fire Management Unit employee shall receive more than $.1,5001fiscal year
through the educational reimbursement program.
9. INSURANCE
The City agrees to contribute up to the following amounts toward Health,
hospitalization, drug coverage, and dental coverage through City sponsored
program(s) as agreed by the Association and approved by the City Council. In
addition, the City agrees to provide Vision. Care for employee and family, and
($35,000)Term Life Insurance coverage at no cost to the employee.
The City's maximum contribution to health and dental insurance premiums for'
all currently active members of PSFMA are as follows:
HEALTH INSURANCE PREMIUM RATES (1-1-11):
Single Pa $ 685.86
Two-party IS1316.69
Family $1395.26
DENTAL INSURANCE PREMIUM RATES (1-1-11):
Single Pa $33A3
Two-Party $46.84
Family $66.01
In the event that the premium charges for the health or dental. program exceed the
City's maximum rate of contribution (as described above) by 5% (five percent)
annually at any time during the term of this Agreement; the amount of the excess
shall be paid by the employee through a payroll deduction.
Members of PSFMA shall remain in the City sponsored plan for fire and police safety
employees and shall not be eligible for any other City insurance plan for the duration
of this MOU.
Domestic Partner Coverage
The City of Palm Springs agrees to add Domestic Partner coverage to the current
health, dental and vision coverage. The enrollee must provide a copy of the
Declaration of Domestic Partnership, Statement of Financial Liability for Domestic
3 28
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 manages or as provided. by the
requirements of the insurance carrier.
Vision Benefits
For the term of this Agreement, City agrees to continue Vision Coverage at the
benefit level(s)existing as of the date this Agreement is executed.
10. INSURANCE FOR RETIREES
Retiree Health Coverage—"Tier I"—Effective 7/1/2000:
A represented UNIT employee who leaves active service as a Palm Springs
employee after.20 years'of continuous service, the City shall pay 75% of the cost"of
"retirees" health premium plan being covered at the time one leaves active service.
A represented UNIT employee who leaves active service as a Palm Springs
employee after 25 years of continuous service, the City shall pay 100% of the cost
of "retirees" health premium plan being covered at the time one leaves active
service.
A represented UNIT 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 his/her own cost in the Association's medical, hospitalization and
prescription drug coverage plan.
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.
Retiree Health Coverage—"Tier II"—Effective 7/1/2006:
For all new employees with an initial hire date which is after July 1, 2006, there-will be
no City contribution for retiree health benefits. The City will, however, make a
$100.00 per month contribution to an employee Retiree Health Savings Plan and the
associated fixed dollar cost of administration.
A represented UNIT 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 his/her own cost in the Association's medical, hospitalization and
prescription drug coverage plan.
11. RETIREMENT
CalPERS Contributions
For employees with an initial hire date prior to July 1, 2011, the City will continue to
contract with CaIPERS for the 3% at 50 Formula at no additional cost to the
employee for the tern of this MOU.
4 29 .
For Unit employees hired after July 1, 2011, (or as soon as approved by PERS if
later) the parties agree that the City will take all necessary steps so that such
employees will be provided with the 3% @ 55 benefit under the Public Employees'
Retirement System. These steps will not be taken until the City reaches an
agreement with the Fire Safety Association or implements this benefit with that
Association..
The City shall pay each Fire Management Unit employee's contribution to the
California Public Employees' Retirement System (CaIPERS). Said payment made by
the City shall be for the employee's contributions, not to exceed nine percent(9%).
City agrees that, pursuant to Government Code Section 20636 (c) (4) pursuant to
Section 20691, normal member contributions (EMPC) Employer-Paid Member
contributions will be paid by the employer, City of Palm Springs, and reported to
PERS as additional compensation eamable for all members of Unit. City will
continue to make all PERS mandated , Employer-Paid Employer Contributions
("EPEC") including any increase in such contributions occasioned by the
conversion agreed to herein.
The City-will continue to contract with CalPERS for the Improved 1959 Level 4
Survivors Benefit at no additional cost to the employee.
12. SICK LEAVE
Members of the Fire Management Unit on a 40-hour work week shall accrue sick
leave at the rate of 8.57 hours for each full month of service. Members assigned to
shift duty shall accrue sick leave at the rate of one-half(1/2) shift or 12 hours for
each full month of service, to be earned and reported in shift hours.
New members shall be eligible to use accrued sick leave upon completion of one
month of employment.
Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or seven hundred and
twenty (720) hours. After the sick leave accrual in December of any year, employees
who have accumulated more than 720 hours during the preceding twelve (12) month
period, unused sick leave above 720 hours shall be compensated by a cash payment
in the last pay date of the calendar tax year, in an amount equal to the employee's
straight time hourly rate of pay for those unused accumulated sick leave hours.
Commencing April 1, 2007, PSFMA members with accrued unused sick leave in
excess of the new 720 hour annual sick leave accrual cap will have all hours in
excess of 720 placed into a special excess sick leave bank. Employees can draw
against or cash out on a semi-annual basis as set forth below from this special
excess sick leave bank until all hours are exhausted. Accrued unused sick leave in
the excess sick leave bank shall be paid upon retirement from the city service.
s 30
All accrued unused sick leave shall be paid upon retirement from the city service.
13, EDUCATIONAL INCENTIVE PAY
Fire Management Unit employees can receive an additional 5% pay for an
Associate's Degree, 7.5%for Bachelor's Degree or 10%for a Masters Degree from
a college or university accredited by either or both the Council for Higher Education
Accreditation ("CHEAj and/or the U-S. Department of Education ("USDE").
City agrees to compensate Unit employee's over base pay, an additional 2.5% for a
State fire Officer or Chief Officer Certificate.
14. PARAMEDIC PAY
Fire Captains shall be eligible. to .receive an additional 5.0% for obtaining and
maintaining a Paramedic Certificate.
15. BILINGUAL PAY
The City agrees to compensate Unit employees who are bilingual in Spanish an
additional five (5%) percent, but limited to one (1) person/shift. The City shall,
establish testing procedures and employees are required to pass the test.
16, SALARIES .
No Increase to base salaries for the term of the contract
17. ANNUAL LEAVE
Employees in the Fire Management Unit assigned -a fifty-six (56) hour shift
workweek shall not accrue annual leave hours beyond the maximum of four
hundred fifty-sic (456) hours. Unit employees assigned to a forty (40) hour
workweek shall not accrue annual leave hours beyond the maximum of three
hundred twenty-five and seventy-one hundredths (325.71) hours.
PSFMA members with accrued unused annual leave in excess of the new annual
leave accrual cap described above will have all hours in excess of 336 for 56 hour
employees and 240 for 40 hour employees placed into a special excess annual leave
bank. Employees can draw against or cash out on a semi-annual basis as set forth
below from this special excess annual leave bank until all hours are exhausted.
Accrued unused annual leave in the excess annual leave bank shall be paid upon
separation from the city service.
In July and December of each year, employees in the Fire Management Unit shall
have the option of converting accrued and vested annual leave into cash. Such
conversion may be for any amount of accrued and vested annual leave hours.
Employees in the Fire Management Unit shall be eligible to use annual Leave as it is
accrued. This option will be made avaaifbe on the last paydate of July and the first
paydate of December as advised by payroll.
6 31
Upon separation, all unpaid aaxued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
Accrual Rates for Employees Hired Before July 5. 1981
� W
0 through 5 12 16.8
6 through 10 14 19.6
11 16.67 23.34
12 17.34 24.28
13 18 25.2
14 18.67 26.14
15 19.34 27.08
16 20 28
17 and after 20.67 28.94
Accrual Rates for Employees Hired After July 5. 1981
0 through 5 12 16.8
6 through 10 14 19.6
11 and after 16 22.5
A maximum of two Fire Management shift employee and one Fire Management
administration employee will be permitted to be on scheduled vacation at the same
time.
The practice of allowing two Unit shift employees and two Fire Management shift
employees per shift to be on scheduled vacation simultaneously is to be continued,
but in the event that one Management employee schedules a given day for vacation,
one additional Fire Safety Unit employee (3 total)will be allowed to schedule that day
off provided that no more than four shift employees are scheduled off. If no Fin:
Management employees are scheduled off,two additional Fire Safety Unit employees
will be allowed to schedule that day off (4 total) provided no more than four shift
employees are scheduled off.
Furthermore, in the event that one Fire Safety Unit shift employee schedules a given
day for vacation, one additional Fire Management shift employee (3 total) will be
allowed to schedule that day off provided no more than four shift employees are
scheduled off. If no Fire Safety employees are scheduled off, two additional Fire
32
Management employees will be allowed to schedule that day off(4 total) provided no
more than four shift employees are scheduled off.
18. PAYMENT IN LIEU OF HOLIDAYS
In lieu of all City recognized holidays, Unit Members shall be paid 5.14 hours (for
employees working the suppression shift of an average of 56 hours per week) and
3.67 (for employees working a 40 hour per week assignment) per pay period (the 24
pay periods when holiday in lieu pay is paid to employees) at their straight time hourly
rate.
16. COMPENSATORY TIME ACCUMULATION
The maximum accumulation cap is two hundred and forty (240) hours. Unit
members with compensatory time accumulation will have all hours placed into a
special bank. Employees can draw against or cash out on a semi-annual basis
from this special bank until all hours are exhausted. Upon separation, all unpaid
accrued and vested compensatory time will be paid at the employee's current salary
rate.
20. DRUG POLICY/DRUG SCREENING
The City of Palm Springs, the Association and Fire Management Unit 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 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 or being compensated on
an "on call status"_
The City of Palm Springs, the Association and Fire Management Unit employees
recognize that their future is dependent on the physical and psychological well being
of all employees. The City and the Palm Springs Fire Management 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.
20.1
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.
8 33
J2easonable 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 his/her job safely is
reduced.
20.2
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.
20.3
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 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.
20.4
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 he or she so
chooses, a positive test result.
20.5
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 his/her supervisor,
9 34
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,
20.6
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 His/her 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", an exemplar copy of which is attached hereto as Exhibit"A".
21. ACTING ASSIGNMENTS
The Fire Management Unit employees who are required to work out of their existing
classification any time during any workday shall receive acting pay:as follows:
21.1
For fire shift employees; if the employee works one tenth (A) through twelve (12)
hours out of classification, the employee shall receive an additional six-tenths (.6)
of an hour pay at his regular hourly rate.
If the employee works more than twelve (12) and up to twenty-four(24) hours out
of classification, he shall receive 1.2 hours of pay at his regular hourly rate.
21.2
For 40-hour employees, if the employee is assigned to act out of dassifieation for
any time during an eight (8) hour day, he shall receive .86 of an hour of pay at
their regular hourly rate. The Fire Chief will designate acting assignments for 40-
hour employees.
21.3
When an employee works out of classification for a consec ulive two (2) week
period, a Personnel Action Form shall be submitted designating that employee as
acting in the position he is holding. The employee's salary shall be raised to the
10
35
lowest step on the range of the higher classification which will provide an increase
in pay of at least five percent, but not to exceed the top step of the new range.
22. FORTY HOUR CONVERSION
Where appropriate, the benefits accorded members of the Fire Management Unit
shall be converted to accommodate the 40-houdweek-work schedule (shift hours/1.4
=40 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 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.
Conversion from shift scheduling to a 40-hour/week work schedule shall occur only at
the beginning of a pay period. Conversion from 40-hourMreek schedule to shift
scheduling shall occur only at the beginning of a pay period. If an exception is
deemed necessary, all hours worked over 40 in either week of the pay period shall be
compensated at fifty percent(50%) above the employee's regular 40-hour hourly rate.
Personnel on the 40-hdweek work schedule shall have holiday pay incorporated into
base pay and shall be allowed.the recognized holiday off.
23. WORK SCHEDULES
For the term of this MOU, Fire Management Unit positions assigned to the
classification of Fire Prevention Captain and Deputy Chief shall be allowed to work on
either a four (4) ten (10) schedule, or a Trine (9) eighty (80) schedule, with the
understanding that such schedule is at the discretion of the Fire Chief.
City reserves the right to schedule hours of work. City and Association agree to meet
and confer on the impacts of any significant work schedule changes made to the
work schedules of members of Fire Management Unit, other than the 4/10 or 9180
schedule described above. .
24. TIME EXCHANGES
Unlimited time exchanges will be permitted between Fire Management Unit
employees in accordance with Fire Department policy and procedure.
25. EMERGENCY RECALL
When a Fire Management Unit employee is off-duty; and is called back to work, the
employee shall receive a minimum of four (4) hours pay or (4) hours compensatory
time at the department head's discretion, at overtime rate.
26. B6MB SEARCH
Fire Management Unit employees will no longer be required to perform bomb
searches. Upon receipt of a bomb threat, Fire Management Unit employees shall be
asked to stand by should rescue or suppression become necessary.
11 36
27. JURY DUTY
Fire Management Unit employees who are called for and serve on jury duty, or to
honor a subpoena,will be given time off from work with pay. Compensation shall be
the difference between the employee's straight time hourly rate for the straight-time
hours normally worked and the amount of compensation received for serving.as a
juror other than.meal or transportation reimbursement
28. MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate.
29. UNIFORM ALLOWANCE
City agrees to pay a uniform allowance of$125.00lmonth to each Fire Management
Unit employee as a reimbursement for expenses incurred in the acquisition and
maintenance of uniforms.
A black shirt with PSFD patch for Fire Prevention Captains is permitted.
30. BODY PIERCING
No body piercing jewelry will be worn or displayed on any part of the body while on
duty.
31. TATTOOS
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.
32 NON-SMOKING REQUIREMENT
Employees hired after July 1, 2011 must be non-tobacco users and must remain
non-tobacco users throughout the term of their employment. Employee in the
association prior to July 1, 2011 may not use tobacco products during working
hours or at any City sponsored event unless during break periods in. outside
designated areas only.
33. SIDA BADGES
All new employees shall obtain a SIDA. Badge within first three. months of
employment, at no cost to the employee.
34. IRS 125 PLAN
The City agrees to provide an IRS 125 Plan for Unit members. The Association
agrees that member employees who subscribe to the plan shall pay the Plan
Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by the
Plan Administrator during the enrollment period for the new plan year will become the
responsibility of the employee to pay via direct billing.
12 37
35. CHANGES DURING TERM AND REOPENERS
Waiver of Further Bamaining 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 shag
remain in full force and effect until midnight, June 30,2012.
MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS FIRE MANAGEMENT
REPRESENTATIVE' ASSOCIATION
0,
Date: Date: <
BY By
CITY MANAGER A OCIATION PRESIDENT
By
HUMAK FESOURCES DIRECTOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
13 38