HomeMy WebLinkAboutAt Will Ambulance Operator Employee - 2016-12-19Dept. ID HR 16-029 Page 1 of 1
Meeting Date: 12/19/2016
MEETING DATE: 12/19/2016
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,
2017
Statement of Issue:
The State of California minimum wage will change to $10.50 per hour, effective January 1, 2017. In
order to act in accordance with this change, updates to the existing Ambulance Operator
Employment Agreement are required.
Financial Impact:
Funding for the implementation of the contractual modifications to comport with the State minimum
wage change will be absorbed by the Fire Department within the existing FY 16/17 budget. The
overall fiscal impact for FY 2016-17 is de-minimus as only a limited number of Ambulance Operator
employees are currently earning below the 2017 statewide minimum wage of $10.50.
Recommended Action:
Approve modifications to the At Will Ambulance Operator Employment Agreement reflecting
changes related to the California Minimum Wage effective January 1, 2017.
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 group.
Analysis:
The State of California Minimum Wage will increase to $10.50 per hour effective January 1, 2017.
Modifications to the Ambulance Operator Employment Agreement are needed to comport with the
State of California Minimum Wage changes, effective January 1, 2017. Henceforth, annually,
beginning with the January 1, 2018, minimum wage increase, the Governor will make a final
determination by September 1, 2017, if the increase shall become effective as scheduled. The
updated Ambulance Operator Employment Agreement is included as Attachment #1.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Ambulance Operator Employment Agreement— Updated 01/01/17
HB -227- Item 14. - 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 lases 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 determined by the fire
Chief pursuant to Section 4 herein.
COHB Ambulance Operator —At Will Employment Agreement —January 2017 Page 1 of 7
Item 14. - 2 HB -228-
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 perform 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;
(4) to pay Ambulance Operator earned wrages 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 shall 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 tern of this Agreement may be extended for a time period not to exceed six
(6) months with written approval of the Fire Chief.
COHB Ambulance Operator — At Will Employment Agreement — January 2017 Page 2 of 7
HB -229- Item 14. - 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,
2015:
Step A
$9.03
Step B
$9.53
StwC
$10.05
Step D
$10.60
Step E
$11.18
Effective January 1, 2016, 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
$10.05
Step B
S 10.60
Step C
$11.18
Step ID
S 11.79
Step E
S 12.44
Effective January 1, 2017, 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 Z'1
$10.60
Step _B
S11.18
Step C
S11.79
Step D
S 12.44
Step E
S13.11
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 andlor 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).
COHB Ambulance Operator —At Will Employment Agreement —January 2017 Page 3 of 7
Item 14. - 4 xB -230-
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 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 sleep 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
time 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 2.76.010(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
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HB -23 1 - Item 14. - 5
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. Maximurn 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
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 nick leave accruals or
subject to 48 hour sick leave accrual maxin:iurns 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
COHB .Ambulance Operator — At Will Employment Agreement — January 2017 Page 5 of 7
Item 14. - 6 HB -2 32-
than two (2) hours, Ambulance Operator shall be compensated as hours worked.
SECTION 6. TERMINATION/RESIGNATION.
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
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 tern 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
tiled 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 orjudgment
rendered on that action. Ambulance Operator shall cooperate frilly with the City in the
settlement, compromise, preparation of the defense. and/or trial of any such action.
SECTION 9. ACKNOWLEDGEMENT.
[NA-N E] 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.
COHB Ambulance Operator — At Will Employment Agreement — January 2017 Page 6 of 7
HB -233- Item 14. - 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
2000 Main Street
Huntington Beach, CA 92648
SECTION 11. SEVERABILITY.
Ambulance Operator:
NAME:
ADDRESS:
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 12 for a
term not to exceed months from this date.
INWITNESS 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 2
CITY OF HUNTINGTON BEACH
FIRE CHIEF
APPROVED AS ` RM:
CITY �AORNEY
COHB Ambulance Operator — At Will Employment Agrecment — January 2017
Page 7 of 7
AMBULANCE OPERATOR
SIGNATURE
PRINT NAME
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