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HomeMy WebLinkAboutAmbulance Operator - 2017-12-18Dept. ID HR 17-016 Page 1 of 1 Meeting Date: 12/18/2017 /tPPkO✓EL 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 12/18/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Approve modifications to the Ambulance Operator Employment Agreement reflecting changes related to the California Minimum Wage effective January 1, 2018 Statement of Issue: The State of California minimum wage will change to $11.00 per hour, effective January 1, 2018. In order to act in accordance with this change, updates to the existing Ambulance Operator Employment Agreement are required. Financial Impact: Funding adjustments for the implementation of the minimum wage change were included in the Fiscal Year 2017/18 Adopted Budget for impacted Departments; hence, no additional adjustments are being requested at this time. Recommended Action: Approve Modifications to the Ambulance Operator Employment Agreement Reflecting Changes Related to the California Minimum Wage Effective January 1, 2018. Alternative Action(s): Do not approve the Ambulance Operator Employment Agreement changes and direct staff to find an alternative means of reflecting the changes to the state-wide minimum wage for this employee group. Analysis: The State of California Minimum Wage will increase to $11.00 per hour effective January 1, 2018. Modifications to the Ambulance Operator Employment Agreement are needed to comport with the State of California Minimum Wage changes, effective January 1, 2018. The updated Ambulance Operator Employment Agreement is included as Exhibit "A". Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Ambulance Operator Employment Agreement — Updated 12/18/17 HB -3 39- Item 18. - 1 AT WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND (NAME] THIS AGREEMENT made and entered into this day of 2 , by and between the City of Huntington Beach, a charter city and a California municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "City") and _ (hereinafter "Ambulance Operator" or "Employee"). WHEREAS, in order to better provide for the health, safety and welfare of the citizens of Huntington Beach, the City provides detailed control over the daily operations of the City's emergency transport operations, including "in-house" deployment of ambulances, ownership and control over equipment and supplies; supervision and control over employee selection and assignments, and operations; and It is the desire of the City to employ a well qualified and motivated Ambulance Operator for a limited time. As such, the City created an "at -will" Ambulance Operator position; and The City is willing to assume various costs associated with the examination, interviewing, and investigation of prospective Ambulance Operators and the provision of uniforms and equipment, training, and salary during training for newly -hired Ambulance Operators; and It is the desire of the City to provide certain specific benefits, establish certain conditions of employment, and to set working conditions of the Ambulance Operator; and The City desires to employ [NAME] as an at -will Ambulance Operator for the City of Huntington Beach; and [NAME] _desires to accept employment as an at -will Ambulance Operator of the City, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES A. Ambulance Operator agrees that he or she possesses the minimum qualifications and will perform the functions .and duties set forth in Exhibit A (attached hereto and incorporated herein by reference), and will perform all other legally permissible duties and functions as the Fire Chief shall from time to time assign. Ambulance Operator acknowledges and agrees that the work schedule may involve twenty-four (24) hour shifts or other shifts as deten-nined by the Fire Chief pursuant to Section 4 herein. Ite1n 18. - 2 HB -340- Ambulance Operator acknowledges and agrees that he or she shall not be considered a firefighter or public safety employee. Ambulance Operator shall not perform public safety duties including, but not limited to, Fire prevention, fire suppression, technical rescue, or the staffing of fire apparatus. The Ambulance Operator shall devote his/her full attention and effort to the tasks and duties set forth herein and perforin the mentioned duties and tasks in a professional manner. B. City agrees: (1) to administer various examinations, background checks, and/or any other pre -employment screening at the sole discretion of the Fire Chief, in order to determine whether Ambulance Operator is an appropriate candidate for employment as an Ambulance Operator For the City. (2) to provide Ambulance Operator with any uniforms, tools and equipment as the Fire Chief, in his sole discretion, deems appropriate; (3) to provide Ambulance Operator such training and instruction as the Fire Chief, in his sole discretion, deems appropriate;V (4) to pay Ambulance Operator earned wages during the period the Ambulance Operator is employed by the City; (5) to staff Ambulances with at least one (1) other Ambulance Operator as directed by the Fire Chief, (6) to provide adequate dormitory and kitchen facilities for Ambulance Operator. SECTION 2. TERM A. The length of an initial agreement for an Ambulance Operator shall be determined by the Fire Chief and shall not exceed thirty-six (36) months. Ambulance Operator is an at -will employee of the City and as such, said position may be terminated at any time at the sole and absolute discretion of the Fire Chief. Nothing in this Agreement sham prevent, limit or otherwise interfere with the sole and absolute discretion of the Fire Chief to terminate the employment of the Ambulance Operator at any time. Any subsequent agreements with an Ambulance Operator re-employed must be pursuant to Section 7. B. The term of this Agreement may be extended for a time period not to exceed six (6) months with written approval of the Fire Chief. HB -341- Item 18. - 3 SECTION 3. SALARY City agrees to pay Ambulance Operator for his/her services rendered pursuant to this Agreement, an hourly salary based on the following step ranges through December 31, 2017: Step A $10.60 Step B $1 1.18 Step C $1 1.79 Step D $12.44 Step E $13.1 1 Effective January L 2018, City agrees to pay Ambulance Operator for his/her services rendered pursuant to this Agreement, an hourly salary based on the following step ranges. Step A $1 1 .18 Step B $1 1.79 Step C S 12.44 Step D S 13.1 i Step E S 13.83 Ambulance Operator's wage will start at Step A. Merit increase may be awarded in one Step increments every 6 months of full-time employment. Merit increases are dependent upon a performance evaluation that is at a competent level or above to be completed by Ambulance Operator's direct supervisor and reviewed and approved by the Fire Chief. SECTION 4. WORK SCHEDULE/OVERTIME A. It is understood that the Fire Chief may establish a work period for each Ambulance Operator. Such schedule will comply with requirements of the Fair Labor Standards Act (FLSA) and any other federal or state employment laws and/or regulations. To the extent required by federal and state labor laws and/or regulations, the City agrees to provide Ambulance Operator overtime based upon a 40 hour payroll work week (i.e. beginning 8:00 a.m. Saturday through 7:59 a.m. the following Saturday). B. Ambulance Operator understands and agrees that in the course of his or her employment with the City he or she will be usually scheduled for 24 hour shifts of duty. Ambulance Operator understands and agrees that an amount not less than time and one half of his/her regular hourly rate of pay shall be paid for all work in excess of 40 hours in any one payroll week (unless otherwise required by law). Ambulance Operator understands and agrees that provisions of federal and state laws provide that an Ambulance Operator working a 24-hour shift may not have more than eight (8) hours of each shift deducted for sleep Item 18. - 4 HB -342- time and that employers electing to pay an employee by these rules need not consider those periods as hours worked. Ambulance Operator understands that interruptions of steep or meal periods will be considered hours worked. Ambulance Operator understands and agrees that the City has elected not to deduct any time for sleep or meal periods and will pay (as wages earned) for all sleeping and meal times while he or she is on duty regardless of interruption. C. In the event an Ambulance Operator is ordered into work, he or she will receive a minimum of one (1) hour at his or her base hourly rate, at the discretion of the Fire Chief or designee. Ambulance Operator's workday shall not begin until Ambulance Operator arrives at the fire station. D. The Fire Chief, at his sole discretion, may establish reasonable regulations regarding hours worked, daylight savings time, lost time, general leave, shift exchanges, etc. These regulations may be modified and/or updated from time to tune at the sole discretion of the Fire Chief in accordance with federal, state, and/or local laws governing employment. SECTION 5. OTHER BENEFITS/SPECIFIC EXCLUSIONS Ambulance Operator agrees and understands that pursuant to Huntington Beach Municipal Code section 2.76.01 O(k), he or she is not part of the competitive service system and does not belong to and is not part of any recognized bargaining unit in Huntington Beach. Ambulance Operator may not administratively appeal, grieve or protest any other condition of employment pursuant to Huntington Beach Municipal Code and/or Personnel Rules. Therefore, the benefits described below and in Exhibit B, attached hereto, shall be the sole and exclusive benefits for service. A. General Benefits The benefits Ambulance Operator receives are pursuant to the terms of this Agreement and shall be governed by department policies established by the Fire Chief. A copy of policies regarding this Agreement is available in the Office of the Fire Chief. B. General Leave (1) Accrual Ambulance Operator accrues general leave at the accrual rate of 7.15 hours per pay period or 186 hours per year depending upon hours worked and is pro -rated based on regular earnings. Maximum accrual is 200 hours. Ambulance Operator may not cash out general leave except at separation from employment. a) General Leave as defined herein meets the accrual and use HB-343- Item 18. - 5 requirements pursuant to AB 1522 and AB 304 regarding the Healthy Workplace Healthy Families Act of 2014. b) General Leave as defined herein, complies with City of Huntington Beach AR 420; however, Ambulance Operators will not be subject to separate/additional sick leave accruals or subject to 48 hour sick leave accrual maximums pursuant to AR 420. c) Any unused General Leave cashed out and paid at time of separation from City employment will not be reinstated should Ambulance Operator be subsequently rehired within one (1) year of separation or at any time thereafter, irrespective of reason for separation. (2) Eligibility and Approval The accumulation, use, and cash out of general leave at separation shall be governed by policies established by the Fire Chief in writing. The use of general leave must be pre -approved by the Fire Chief or designee except for illness, injury or family sickness, which may require a physician's statement for approval. Ambulance Operator begins to accrue general leave upon execution of this Agreement. General leave may be used for any purpose, including vacation, sick leave, and personal leave. C. Bereavement Leave In the event of the death of an immediate family member, Ambulance Operator may take up to two (2) work shifts without pay (unless general leave is used). Immediate family members are father, mother, sister, brother, spouse, registered domestic partner, child, son-in-law, daughter-in-law, grandfather, grandmother, stepfather, stepmother, step -grandfather, step -grandmother, grandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, stepchild, or wards of which the employee is the legal guardian. D. Court Time Ambulance Operator who is required to be on standby for a court appearance related to his or her job duties shall receive two (2) hours of pay for each morning and afternoon court session. If court attendance is required for more than two (2) hours, Ambulance Operator shall be compensated as hours worked. SECTION 6. TERMINATIONIRESIGNATION In the event Ambulance Operator voluntarily resigns his/her position, the Ambulance Operator shall give City written notice at least thirty (30) days prior to the last workday, unless Item 18. - 6 HB -344- the Fire Chief and Ambulance Operator otherwise agree. It is understood that after notice of termination in any form, Ambulance Operator and City will cooperate to provide for an orderly transition. SECTION 7. REEMPLOYMENT A. With the approval of the Fire Chief, an Ambulance Operator who has resigned in good standing, and who was employed for fewer than thirty-six (36) months (in the aggregate) for all agreements, may be reemployed to either a part-time or a full-time position, if vacant, within one (1) year of the effective date of resignation. B. If a former Ambulance Operator seeks reemployment after a period greater than one (1) year after resignation, the City's recruitment process for the Ambulance Operator position must be utilized to gain employment. C. The employment period will be limited to the remaining term of all agreements (in aggregate) and limited to a total of thirty-six (36) months of employment for all agreements (in aggregate). SECTION 8. INDEMNIFICATION City shall defend and indemnify the Ambulance Operator against any action occurring within the course and scope of the Ambulance Operator's duties or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Ambulance Operator's duties as an employee of the City, other than an action brought by the City against the Ambulance Operator or an action filed against the City by the Ambulance Operator. City shall be responsible for and have authority to compromise and settle any action, and pay the amount of any settlement or judgment rendered on that action. Ambulance Operator shall cooperate fully with the City in the settlement, compromise, preparation of the defense, and/or trial of any such action. SECTION 9. ACKNOWLEDGEMENT [NAME] acknowledges that he/she has examined this Agreement, that he/she has read and understands this Agreement, and he/she has the right to consult an attorney prior to entering this Agreement. HB -345- Item 18. - 7 SECTION 10. NOTICE Any notice that may be required by this Agreement shall be sent to these parties: City of Huntington Beach Attn: Fire Chief Name: 2000 Main Street Address: Huntington Beach, CA 92648 SECTION 11. SEVERABILITY Ambulance Operator The invalidity of any portion of this Agreement will not and shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. SECTION 12. EFFECTIVE DATE This agreement shall become effective on 52 for a term not to exceed months from this date. IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement to be signed and executed on its behalf by its Fire Chief, and the Ambulance Operator has signed and executed this Agreement on CITY OF HUNTINGTON BEACH FIRE CHIEF APPROVED AS TJ;�MRM: 2 AMBULANCE OPERATOR SIGNATURE PRINT NAME Item 18. - 8 HB -346-