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HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (8) �3 Date: May 19, 2004 To: City Council From: City Manager MEMORANDUM OF UNDERSTANDING— PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA) RECOMMENDATION: It is recommended that City Council adopt a resolution approving a Memorandum of Understanding with the Palm Springs Fire Management Association (PSFMA) for a two- year period, July 1, 2004, through June 30, 2006. BACKGROUND: Representatives of the Palm Springs Fire Management Association (PSFMA) have met and conferred in good faith with the Municipal Employee Relations Representative (MERR) and have reached agreement for the period July 1, 2004, through June 30, 2006. DAVID H. READY ` -- City Manager ATTACHMENTS: 1. Resolution—Approving Palm Springs Fire Management Association (PSFMA) Memorandum of Understanding 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 11 2004 — JUNE 30, 2006 Memorandum . 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 8.1.2 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. 1. 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. 2. This MOU recommended to the City Council shall be for the period commencing July 1, 2004, and terminating at midnight, June 30, 2006; provided, however, that specific sections of this MOU shall have later effective dates as specified herein. 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. 1 Val. • In• 0ONE= 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. r r . 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. 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. RESERVES • . • . . . 8.1 Prohibited Conduct The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, 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 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 2 (Of 93 and privileges accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and Dues Deduction. 8.2 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 8.1 and return to work. 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. The parties to this MOU agree to comply with the provisions of the Americans with Disabilities Act and the Family Rights Act. Personnel Rules regarding Military Leave will be revised to reflect state law. No Fire Management Unit employee shall receive more than $1,500/fiscal year through the educational reimbursement program. mlmm . , The City agrees to contribute up to the following amounts toward Health, hospitalization, drug coverage, cost care, through such program(s) as shall be designated 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. Parties to agree: The City's maximum contribution to health insurance premiums for all currently active members of PSFMA, effective August 1, 2004 are as follows: 3 OAY Single Party $475.57 Two-Party $912.82 Family $967.30 The City's maximum contribution for dental insurance shall be as follows: Single Party $29.84 Two-Party $40.95 Family $57.35 In the event that the premium charges for the health or dental program exceed the City's maximum rate of contribution (as described in 16.1 and 16.2) by 15% 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. Insurance carriers providing health, hospitalization, life, vision care, drug coverage, and cost care benefits to Fire Management Unit shall provide billings to the City, which specify the coverage received by each Fire Management Unit employee, i.e., single, single + one, or family coverage." Members of PSFMA shall remain in the PSFSU plan and shall not be eligible for any other City insurance plan for the duration of this MOU. 4 & P .500* Domestic Partner Coverage The City of Palm Springs agrees to add Domestic Partner coverage to the current health, dental and vision coverages, in accordance with City of Palm Springs Ordinance No. 1578. In addition to the requirements of Ordinance 1578, the enrollee 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 will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages. 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. � Parties to agree: 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. August 1, 2003 rates are as follows: Single Party $475.57 Two-Party $912.82 Family $967.30 CalPERS Contributions The City will continue to contract with CalPERS for the 3% at 50 formula at no additional cost to the employee for the term of this MOU. 5 M(a • The City shall pay each Fire Management Unit employee's contribution to the California Public Employees' Retirement System (CalPERS). Said payment made by the City shall be for the employee's contributions, not to exceed nine percent (9%). PERS Conversion: City agrees that, pursuant to Government Code Section 20636 © (4) pursuant to Section 20691, normal member contributions (EPMC) Employer-Paid Member contributions will be paid by the employer, City of Palm Springs, and reported to PERS as additional compensation 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. City agrees to meet and confer with PSFMA over PERS DROP Program, should it become available after January 2001. gela a I • • •• • Accrued sick leave shall be paid upon retirement from the city service. Association members who separate, other than for retirement, shall receive compensation for one-fourth (1/4) of any unused sick leave accrued and vested to and including the date of November 30, 1973. The unused sick leave will be paid at the employee's current salary rate. Should an employee use sick leave so as to reduce the accrued total below that existing as of November 30, 1973, then the said one-fourth compensation shall be paid only with respect to the lowest amount of accumulated sick leave which remained credited to such employee's account at any time after November 30, 1973. Upon separation, all unpaid accrued 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. Fire Management Unit employees can receive an additional 5% pay for an Associate's Degree, 7.5% for a Bachelor's Degree or 10% for a Master's Degree from an accredited college or university. 6 647 Cost of living salary increases as follows: 7-1-2004 No wage increase; 7-1-2005 2% wage increase (with re-opener per section 16.1). 16.1 Wage Increase Re-opener In the event that any other City employee bargaining unit (other than MAPS or General Unit) is given a wage increase in excess of zero percent (0%) for fiscal year 2004-2005, the City agrees to a re-opener with PSFMA on its 2004-2005 zero percent (0%) wage increase set forth in section 16 of this MOU. In the event that any other City employee bargaining unit is given a wage increase in excess of two percent (2%) for fiscal year 2005-2006, the City agrees to a re-opener with PSFMA on its 2005-2006 two percent (2%) wage increase set forth in section 16 of this MOU. The Salary Ranges that exist on October 1, 2000 between the Ranks of Firefighter, Fire Engineer, Fire Captain, Battalion Chief and Assistant Chief have been established as minimums to maintain internal alignment of the above classifications. The internal relationships shall be maintained for the term of this agreement, to prevent salary compression between the ranks in The Fire Department. There shall be no maximum accrual of annual leave for employees in the Fire Management Unit. There shall be no requirement to use a minimum amount of annual leave in a calendar year. 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. 7 As Accrual Rates for Employees Hired Before July 5 1981 YEARS OF HOURS ACCRUED & HOURS ACCRUED SERVICE VESTED MONTHLY & VESTED (40 HOUR MONTHLY EMPLOYEES) (SHIFT EMPLOYEES 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 1 19.34 27.08 16 20 28 17 and after 20.67 28.94 Accrual Rates for Employees Hired After July 5 1981 YEARS OF HOURS ACCRUED & HOURS ACCRUED SERVICE VESTED MONTHLY & VESTED (40 HOUR MONTHLY EMPLOYEES) (SHIFT EMPLOYEES 0 through 5 12 16.8 6 through 10 14 19.6 11 and after 16 22.5 A maximum of one Fire Management shift employee and one Fire Management administration employee will be permitted to be on scheduled vacation at the same time. Members of the Fire Management Unit on a 40-hour workweek shall accrue four (4) hours of paid sick leave upon each full month of service. Members of the unit on a 56-hour workweek shall accrue five and six- tenths (5.6) hours of 8 paid sick leave upon each full month of service. Members shall be eligible to use accrued sick leave upon completion of one month of continuous service. 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. 19.1 Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited. 19.2 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 his/her job safely is reduced. 6410 19.3 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. 19.4 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. 19.5 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. 19.6 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 10 AI/ his/her 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. 19.7 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". 20.1 Waiver of Further Bargaining 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, 2006. 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 (.1) 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 classification 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 consecutive 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 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. WANPIONVM06111 • • Where appropriate, the benefits accorded members of the Fire Management Unit shall be converted to accommodate the 40-hour/week-work schedule. (shift hours/1.4 = 40 hour conversion). Conversion from shift scheduling to a 40-hour/week work schedule shall occur only at the beginning of a pay period. Conversion from 40-hour/week 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-hr/week work schedule shall have holiday pay incorporated into base pay and shall be allowed the recognized holiday off. 12 A- 13 �1( 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. Unlimited time exchanges will be permitted between Fire Management Unit employees in accordance with Fire Department policy and procedure. 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. WIFPTHZQNM3�� Mandatory Duty Chief assignment will no longer be a practice in the Fire Department for the term of the contract. • There is no residency requirement. 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. 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. Reimbursement for personal vehicle use shall be at prevailing IRS rate. 13 L) 41 City agrees to pay a uniform allowance of $85.00/month to each Fire Management Unit employee as a reimbursement for expenses incurred in the acquisition and maintenance of uniforms. MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS FIRE MANAGEMENT REPRESENTATIVE ASSOCIATION Date: May 1, 2004 Date: May 1, 2004 CITY MANAGER LABOR REPRESENTATIVE e By Bye NEGOTIATOR // ASSOCIA ION PRESIDENT By. .fir P,A�ye.^'. rCL'.✓..r y.."I-�,r,/ram ""�• +HUMAN RESOURC G--BIRECTOR_) By ri) 1 / — CIW ATTO NEY LABOR & EMPLOYMENT (signed as to form) 14 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION (PSFMA), FOR THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2006, SUBJECT TO UNIT'S RATIFICATION AND SIGNING OF PROPOSED MEMORANDUM OF UNDERSTANDING. 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 Management Association (PSFMA) representing the Fire Management Unit; and WHEREAS, as a result of such good faith negotiations the MERR 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 Management Unit, subject to ratification by the Unit; and WHEREAS, PSFMA and the MERR jointly recommend adoption of such MOU by the City Council, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, California that the Memorandum of Understanding between PSFMA and MERR, for the period July 1, 2004 through June 30, 2006, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon ratification and execution of said Memorandum of Understanding. ADOPTED this day of 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS,CALIFORNIA By CITY CLERK CITY MANAGER REVIEWED&APPROVED: � J'�