ORDINANCE
NO. 190480
Authorizing the City Manager to
enter into a side letter agreement to the Collective Bargaining Agreement
between the City and the International Association of Firefighters, Local 42,
that authorizes Local 42 to provide an Employee Assistance Program (EAP) to
Fire Department personnel in the classified service; and authorizing an
expenditure in the amount of $250,000.00 for such side letter agreement; and
recognizing this ordinance as having an accelerated effective date.
WHEREAS, Article
V, Section 7 of the Collective Bargaining Agreement (CBA) between the City and
International Association of Firefighters (IAFF) Local No. 42, which addresses
Employee Health and Wellness, states:
The City shall
continue to provide an Employee Assistance Program (EAP) and the IAFF/IAFC
Candidate Physical Agility Test (CPAT) for entry-level candidates. The City and
the Union agree to encourage members to get annual physicals from their
personal physician in accordance with the IAFF/IAFC Wellness Fitness
Initiative. The City shall maintain at no cost to the member the health and
wellness requirements of HAZMAT during the term of this Agreement. All required
vaccinations for EMS licensure will be provided by the fire department at no
cost to the member; and
WHEREAS, Article XXI,
Section 1 of the CBA between the City and IAFF Local No. 3808, which addresses
Employee Health and Wellness, states:
The fire department
shall provide a health and wellness initiative modeled after the IAFF/IAFC
Health and Wellness Initiative and as established by the Labor/Management
partnership; and
WHEREAS, Article XXV,
Section 15 of the CBA between the City and American Federation of State, County
and Municipal Employees (AFSCME) Local No. 500, which addresses an Employee
Assistance Program (EAP), states:
The City and the
Union are both participating in the Employee Assistance Program. As long as
they are participating they shall cooperate to make it a success; and
WHEREAS, bargaining
unit members of IAFF Local No. 42 are subject to the Drug and Alcohol Misuse
Testing Policy found in Appendix B of the CBA between the City and IAFF Local
No. 42 and such Policy requires mandatory referrals to an EAP under certain
specified conditions when the Policy has been violated; and
WHEREAS, bargaining
unit members of IAFF Local No. 3808 are subject pursuant to Article XIX of the
CBA between the City and Local 3808 to the Drug and Alcohol Misuse Testing
Policy found in Appendix B of the CBA between the City and IAFF Local No. 42
and such Policy requires mandatory referrals to an EAP under certain specified
conditions when the Policy has been violated; and
WHEREAS, bargaining
unit members of AFSCME Local No. 500, pursuant to Article XXV, Section 15, of
the CBA between the City and AFSCME Local No. 500, and City employees who are
not in a bargaining unit are subject to the Drug and Alcohol Misuse Testing
Policy found in Appendix G of the Human Resources Rules and Policy Manual and
such Policy requires mandatory referrals to an EAP under certain specified
conditions when the Policy has been violated; and
WHEREAS, the
composition and certain characteristics of the members of the Kansas City Fire
Department, as they relate to behavioral health, have changed; and
WHEREAS, among other
things, changes include an increased incidence of Post-Traumatic Stress
Disorder (PTSD) and related symptoms and afflictions; and
WHEREAS, the IAFF and
IAFF Local No. 42 have developed programs and expertise in matters of
behavioral health, through such programs as the IAFF Center of Excellence and
the IAFF’s Peer Counselor Program which can help all members of the Fire
Department; and
WHEREAS, IAFF Local
No. 42, at no expense to the City has developed and trained its own cadre of
Peer Counselors; and
WHEREAS, the City and
IAFF Local No. 42 have determined that an array of behavioral health services,
such as EAP services, can be best provided by IAFF Local 42 to its members and
other personnel of the Fire Department in the classified service; NOW,
THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the City Manager is hereby authorized to enter into a side letter agreement to
the Collective Bargaining Agreement between the City and the International
Association of Firefighters (IAFF), Local No. 42, on behalf of the City, for
IAFF Local No. 42 to provide an Employee Assistance Program (EAP) that will be
offered to all Fire Department personnel in the classified service and to
provide an EAP to such personnel who have been mandatorily referred to an EAP
pursuant to the relevant drug and alcohol misuse testing policy. A copy of the
side letter agreement is on file with the City Clerk. That an expenditure in
the amount of $250,000.00 is hereby authorized for this side letter agreement.
Section 2. That
the City Manager is hereby authorized to expend up to $250,000.00 from
appropriated funds in Account No. 20-1000-231010-B to satisfy the cost of this
side letter agreement.
Section 3. That this
ordinance is recognized as an ordinance with an accelerated effective date as
provided by Section 503(a)(3)(C) of the City Charter in that it appropriates
money, and shall take effect in accordance with that section.
_____________________________________________________
I hereby certify
that there is a balance, otherwise unencumbered, to the credit of the
appropriation to which the forgoing expenditure is to be charged, and a cash
balance, otherwise unencumbered, in the treasury, to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation hereby
incurred.
_______________________________
Randall J. Landes
Director of
Finance
Approved as to
form and legality:
_______________________________
Alan Holtkamp
Assistant City
Attorney