HomeMy WebLinkAbout2025-03-18; City Council; Resolution 2025-062RESOLUTION NO. 2025-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE
MANAGEMENT ASSOCIATION AND THE ASSOCIATION’S SALARY SCHEDULE
AND APPROVING REVISIONS TO THE UNREPRESENTED EMPLOYEES
COMPENSATION AND BENEFITS PLAN AND SALARY SCHEDULE
WHEREAS, representatives of the City of Carlsbad and the Carlsbad Police
Management Association have met and conferred in good faith pursuant to the Meyers-Milias-
Brown Act (Cal. Gov. Code, Sections 3500-3511) regarding wages and other terms and conditions of
employment; and
WHEREAS, the Carlsbad Police Management Association voted in favor of ratifying a
total tentative agreement for a successor memorandum of understanding on January 25, 2025; and
WHEREAS, representatives of the City of Carlsbad and the Carlsbad Police
Management Association signed a total tentative agreement for a successor memorandum of
understanding on January 27, 2025; and
WHEREAS, representatives of the City of Carlsbad and the Carlsbad Police
Management Association desire to submit the total tentative agreement for a successor
memorandum of understanding to the City Council for consideration and approval; and
WHEREAS, the City Council of the City of Carlsbad, California has determined the need to
accept the agreement in the form of a memorandum of understanding, contained in Attachment
A of this resolution, and a revised salary schedule, contained in Attachment B of this
resolution, and incorporated by reference; and
WHEREAS, the City Council of the City of Carlsbad, California has determined the need
to authorize salary range increases for the Assistant Police Chief and Police Chief.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows: 1.That the above recitations are true and correct.
2.That the proposed action is not a “project” as defined by CEQA Section 21065 and CEQA
Guidelines Section 15378(b)(2) & (5) and does not require environmental review under
CEQA Guidelines Section 15060(c)(3) as it is a government organizational or
Exhibit 1
March 18, 2025 Item #2 Page 5 of 111
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administrative activity that will not result in direct or indirect physical changes in the
environment.
3. That the memorandum of understanding with the Carlsbad Police Management
Association in Attachment A is approved and the City Manager, or designee, is
authorized to execute it on behalf of the city.
4. That the revised Carlsbad Police Management Association Salary Schedule in
Attachment B is approved, effective Jan. 20, 2025.
5. That the Unrepresented Employees Compensation and Benefits Plan in Attachment C is
approved.
6. That the City Manager or designee is authorized to increase the Assistant Police Chief
salary range by 3% and increase the Police Chief salary range by 7% effective Jan. 20,
2025.
7. That the revised Unrepresented Employees Salary Schedule in Attachment D is
approved, effective Jan. 20, 2025.
8. That the City Manager, or designee, is authorized to direct the Deputy City Manager,
Administrative Services, or designee, to appropriate $70,000 from the General Fund to
the Police Department.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 18th day of March, 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN :
ABSENT:
March 18, 2025
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Page 6 of 111
Attachment A
CPMA MEMORANDUM OF UNDERSTANDING 1/1/2025 to 6/30/2028
1. Term: January 1, 2025 – June 30, 2028
2.Article 28 Compensation Increases
Jan 20, 2025 Jan-26 Jan-27 Jul-27
Police Lieutenant 4.5% 4.5% 4.8% 4.5%
Police Captain 7.7% 4.5% 4.8% 5.0%
3.Article 19 Uniform Reimbursement
Effective January 20, 2025, reimbursement to represented employees for the cost of purchasingand maintenance of required uniforms will increase from $34.62 to $46.16 per pay period.
4.Article 24 VacationEffective January 1, 2025, daily vacation accrual shall increase by six minutes per day.
5.Article 25 Holidays and Safety Holiday PayEffective July 1, 2025, employees will no longer accrue two floating holidays each year. Instead,all employees will receive a 1% base salary increase effective July 1, 2025.
6.Article 34 Educational IncentiveEffective January 20, 2025, Education Incentive pay will be a flat dollar amount equivalent to apercent of the base salary of specific job classifications.
7.Article 38 Shift DifferentialEffective July 1, 2027, Shift Differential Pay shall increase from 3% to 6%
8.Article 41 SWAT Hazard PayEffective January 20, 2025, SWAT Hazard Pay shall be a flat dollar amount that is equivalent to2% of the Lieutenant’s biweekly base salary.
9.Article 42 Longevity PayEffective January 20, 2025, employees who have a total of 8 years of full-time service shallreceive longevity pay equal to 3% of the employee’s base salary and employees who have a totalof 12 years of full-time service shall receive longevity pay equal to 5% of the employee’s basesalary. For purposes of determining eligibility for longevity pay, full-time service is defined inArticle 49.
10.Article 43 Recovery LeaveEffective the 1st day of the pay period following ratification of this MOU, when, due tomandatory overtime requirements, an employee is released from duty without at least eight hoursof consecutive rest, an employee shall not report to work until eight hours after the completion of
the mandatory overtime assignment with supervisor’s prior approval. The employee shall be paidas scheduled from the beginning of the employee’s next regular shift and shall not be required touse vacation or compensatory time off in lieu of reporting to duty.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
Term: January 1, 2025 – June 30, 2028
TABLE OF CONTENTS
Preamble Page 4 Article 1 Implementation Page 4 Article 2 Term and Renegotiation Page 4 Article 3 Authorized Agents Page 4 Article 4 Recognition Page 5
Article 5 Savings Clause Page 5 Article 6 Nondiscrimination Clause Page 5 Article 7 Management Rights Page 5
Article 8 Basic Work Week/Work Day Page 5 Article 9 Court and Hearings Page 6 Article 10 Sick Leave/Bereavement Leave Page 7
Article 11 Association Rights Page 8 Article 12 Overtime Page 9 Article 13 Call Back Page 10 Article 14 Seniority Page 10 Article 15 Peaceful Performance of City Services Page 11 Article 16 Discipline of an Employee Page 11 Article 17 Retirement Benefit Page 13 Article 18 Flexible Benefits Program Page 14 Article 19 Uniform Reimbursement Page 16 Article 20 Vehicles Page 16 Article 21 Long Term Disability Page 16
Article 22 Leave of Absence Page 16 Article 23 Disability Retirement Page 20 Article 24 Vacation Page 20
Article 25 Holidays and Safety Holiday Pay Page 22 Article 26 Alcohol and Drug Policy Page 23 Article 27 Employer Searches Page 29
Article 28 Compensation Page 30 Article 29 Executive Leave Page 31 Article 30 Life Insurance and Voluntary Benefits Page 31
Article 31 Separation Compensation Page 31 Article 32 Fitness Allowance Page 31 Article 33 Deferred Compensation Page 31 Article 34 Educational Incentive Page 32 Article 35 Re-opener Page 32 Article 36 Acting Assignment Page 33 Article 37 Police Captain and City of Carlsbad Personnel Rules Page 33 and Regulations Article 38 Shift Differential Page 34 Article 39 Paid Family Leave Page 34 Article 40 Bilingual Pay Page 34
Article 41 SWAT Hazard Pay Page 34
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Article 42 Longevity Pay Page 35 Article 43 Recovery Leave Page 35
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the “city”) and the designated representatives of the Carlsbad Police Management Association (hereinafter referred to as “CPMA”).
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation and understanding between the city and the local safety police management employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this
Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council
approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPMA. It is agreed that the city will act in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, 2025 and shall continue until June 30, 2028.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in approximately January 2028.
ARTICLE 3. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
3.1 City’s principal authorized agent shall be the City Manager or a duly authorized representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (442) 339-2820]
except where a particular representative is specifically designated in connection with the performance of a specific function or obligation set forth herein.
Throughout this document, any reference to the Police Chief or designee is understood to mean authorization from the City Manager who delegates authority to the Police Chief or designee to implement the provisions of this document.
3.2 CPMA’s principal authorized agent shall be its President or duly authorized representative [Address: 2560 Orion Way, Carlsbad, CA, 92010] and PORAC of California [Address: 4010 Truxel Rd. Sacramento, CA 95834-3725; Telephone: 916-928-3777].
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ARTICLE 4. RECOGNITION
The city recognizes CPMA as the majority representation of the bargaining unit that includes the classifications of Police Captain and Police Lieutenant.
ARTICLE 5. SAVINGS CLAUSE
If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum.
ARTICLE 6. NONDISCRIMINATION CLAUSE
Neither city nor CPMA shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CPMA activity or because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 7. MANAGEMENT RIGHTS
The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its major service areas, departments, commissions, and boards; to set standards of service; to determine procedures and standards of selection for employment and promotion; to direct its employees; to take disciplinary action; to relieve employees from duty because of lack of work or other legitimate reasons; to transfer employees among various department activities and work groups; to maintain the efficiency of city operations; to determine the methods, means and personnel by which city operations are to be conducted; to determine the contents of job classifications; to take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion over its organization and the technology for performing its work.
Nothing in this Memorandum shall require the city to meet and confer over the exercise of its management rights, however, in so doing; the city shall comply with all applicable provisions of this Memorandum.
ARTICLE 8. BASIC WORK WEEK/WORK DAY
8.1 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
8.2 In accordance with section 7(k) of the Fair Labor Standards Act (FLSA), the official work period for sworn employees begins on Sunday at 00:01 hours and ends 14 days later at 23:59 hours.
Overtime shall be compensated in the manner prescribed by Article 12 of this Memorandum.
8.3 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours worked in the pay period.
8.4 Members of this bargaining unit will be given two 15-minute rest periods and one half-hour lunch break each workday without loss of pay.
8.5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In general,
unit members assigned to patrol shall work a 3/12 schedule.
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8.6 For Police Lieutenants in Patrol, deployments shall be six months in length and shifts shall be bid
one month in advance according to seniority. The Police Chief has discretion to alter shifts as reasonably necessary at any time based on department needs. There are no vested rights to a specific shift.
ARTICLE 9. COURT AND HEARINGS
9.1 Compensation: Off duty Lieutenants who appear in court or at a hearing pursuant to an official request from a legally constituted body regarding matters arising out of, or associated with, their employment shall be compensated at a minimum of four hours per day of overtime compensation. Actual time spent in court over the four hour minimum on the same day is compensable overtime.
9.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing appearance is contiguous with the commencement or end of the Lieutenant’s regularly scheduled work shift. In that situation, the Lieutenant shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two hours prior to the commencement of the
employee’s work shift will receive two hours of overtime compensation.
Any subpoena received with an appearance time of one hour prior to the commencement of the employee’s work shift will receive one hour of overtime compensation.
Lieutenants who receive subpoenas for separate cases on the same day that overlap minimum hour designations are entitled to contiguous time as opposed to separate three/four hour minimums.
9.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held over during the normal lunch break for further appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
9.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for mileage expenses to and from the court or hearing location, or the round trip distance between the court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled “Travel Policy” with an effective date of 12/14/99, including any subsequent changes to this policy.
9.5 Phone Testimony: When off duty Lieutenants provide court or hearing testimony via telephone, the employee shall be compensated for the actual time of the telephone testimony or a minimum of one hour of overtime compensation, whichever is greater.
9.6 District Attorney Conversation: When off duty Lieutenants receive calls from District Attorney personnel regarding criminal cases, employees will receive no compensation for conversations lasting less than 10 minutes. Lieutenants will receive overtime compensation for the actual time of the conversation or a minimum of one hour, whichever is greater, for conversations lasting 10
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minutes or longer. Lieutenants receiving multiple calls within the same one hour period shall only receive one hour compensation.
ARTICLE 10. SICK LEAVE/BEREAVEMENT LEAVE
For the purpose of this section, the term “family member” shall be as defined in Section 10.4.2 of the Personnel Rules and Regulations.
10.1 Every employee will accrue sick leave at the rate of 16 minutes per calendar day. Sick leave may be used in 15- minute increments.
10.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out when an employee’s employment with the city ends.
10.3 Sick leave will be administered consistent with state and federal law and shall be allowed for the following purposes:
1.Diagnosis, care or treatment of an existing health condition of, or preventative care for,an employee or an employee’s family member.
2.If the employee is a victim of domestic violence, sexual assault, or stalking, for thepurposes described in California Labor Code Sections 230(c) and 230.1(a), includingobtaining relief (e.g., a restraining order), domestic violence services, or medical or mentalhealth treatment.
10.4 The employee may request to use paid sick leave either orally or in writing. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.
If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated.
10.5 The employee must account for all sick leave hours requested via the city’s timekeeping system. Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as provided for in this article.
10.6 Absences covered by workers’ compensation law, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, and the federal Family and Medical Leave Act will be administered according to requirements of those laws.
10.7 Time off to take a physical examination for induction into or recall to active duty with the Armed Forces will be handled in accordance with applicable state and federal law.
10.8 An employee making a blood donation without charge will be given reasonable time off for that purpose. No charge will be made against the employee’s sick leave or vacation when the absence is approved in advance by the employee’s supervisor.
10.9 During the first pay period of each fiscal year, any regular employee who has accrued and maintains a minimum of 100 hours of sick leave will be permitted to convert up to 96 hours of accrued, unused sick leave to vacation at ratio of 24 hours of sick leave to eight hours of vacation.
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However, an employee will not be permitted to convert sick leave to vacation if the conversion would cause the employee to exceed the vacation accrual maximum.
10.10 Any regular employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965.
10.11 In the event of the death of an employee’s family member, the employee may take the equivalent of up to three shifts of paid time off for bereavement. An additional two shifts may be taken and charged to accrued leave or, when no accrued leave is available, treated as leave without pay. Bereavement leave must be taken within one year of the event. Additional time off may be authorized by the Police Chief or designee and charged to any accrued leave or, when no accrued leave is available, treated as leave without pay.
The employee may be required to submit proof of the family member’s death.
ARTICLE 11. ASSOCIATION RIGHTS
11.1 The city recognizes the right of the CPMA to govern its internal affairs.
11.2 The parties to this Memorandum fully support the concept of the Public Safety Officers Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code.
11.3 The CPMA shall provide and maintain with the city a current list of the names and all authorized representatives of the CPMA. An authorized representative shall not enter any work location without the consent of the Police Chief or designee. The Police Chief or designee shall have the right to make arrangements for a contact location removed from the work area of the employee.
11.4 The CPMA shall be allowed to designate employee representatives to assist employees in:
11.4.1 Preparing and presenting material for Disciplinary Appeals hearings;
11.4.2 Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of California Government Code Sections 3300, et seq., known as the Public Safety Officers Procedure Bill of Rights Act.
11.5 Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions with the city.
11.6 Designated employee representatives requesting time off under this Article shall direct such request to their immediate supervisors in writing within a reasonable time period to the date requested, in order to assure that the Department meets its staffing needs and to assure sufficient coverage of departmental assignments.
11.7 The city will furnish bulletin board space in the Police Department for the exclusive use of the CPMA. Material placed on the bulletin boards shall be at the discretion of the CPMA and shall
be removed by management only in the event the material is obviously offensive to good taste or defamatory, and shall be removed only on prior notification to a CPMA representative. The CPMA shall be responsible for maintaining bulletin boards exclusively used by the CPMA in an
orderly condition and shall promptly remove outdated materials.
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11.8 Use of City Facilities
11.8.1 The CPMA may, with the prior approval of the City Manager, be granted the use of the city facilities for off-duty meetings of CPMA members, provided space is available. All such requests will be in writing to the City Manager. 11.8.2 The use of city equipment other than items normally used in the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such equipment in approved city facilities notwithstanding.
ARTICLE 12. OVERTIME
12.1 The city will use a 14-day work cycle for Lieutenants under the 7k exemption in the FLSA. The
“work period” shall be 14 days in length. Based on the FLSA 7(k) guidelines, hours worked in excess of 86 in the 14-day work period will be paid out as FLSA overtime hours. In addition, when determining an employee’s eligibility for overtime, paid leaves shall be included in the total
hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work (except for non-scheduled call-back), and time spent conducting bona fide volunteer activities.
Time worked shall be computed by rounding to the nearest quarter of an hour.
In addition, any employee required to perform in excess of an employee’s normal scheduled shift shall receive overtime compensation.
For FLSA overtime, the regular rate of pay shall be calculated in conformance with the FLSA.
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of “Pay Only Details”) of earning compensatory time off in lieu of cash, subject to a maximum accumulation of 150 hours of compensatory time off. The Lieutenant will be paid out the FLSA overtime
premium at the regular rate of pay when compensatory time is selected. For every hour of overtime worked, 1.5 hours will be added to the comp time bank, if selected. When a Lieutenant has accumulated the maximum number of hours of compensatory time off, the Lieutenant shall
receive all overtime compensation in cash until such time as the Lieutenant’s compensatory time off bank is no longer at the maximum.
All accrued and unused compensatory time during the calendar year will be cashed out on the last pay date of the calendar year. No compensatory time may be accrued beginning on the last pay period of the calendar year through the end of the calendar year.
At any time an employee may elect to "cash out" any portion of the employee’s accrued compensatory time balance at the employee’s base rate of pay by requesting this "cash out" via the timekeeping system. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance.
12.3 Comp. Time Exception: Special details where the city is reimbursed for employees’ compensation from an outside entity shall be for pay only. Lieutenants volunteering for such
details are not eligible for compensatory time off in lieu of cash.
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ARTICLE 13. CALL BACK
13.1 Only Lieutenants are eligible for Call Back Pay as described in this article.
13.2 Description: If an employee is required to return to his or her place of employment or other work location directed by the employer at a time that is not part of the employee’s regularly scheduled work shift, that employee shall receive appropriate overtime pay, as described in Article 12, for the actual number of hours worked, subject to the following:
13.3 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or firearms qualification, the employee shall receive a minimum of two hours of appropriate overtime compensation. No travel time is provided for scheduled call backs.
13.4 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee shall receive a minimum of four hours of appropriate overtime compensation.
13.5 Travel Time: Travel time is included as part of the call back minimum compensation or the call back overtime if the call back (travel time plus detail time) exceeds the approved minimum guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other sitewithin a 20 mile radius of the Carlsbad Police Department, the travel time is capped at amaximum of one hour round trip.
(b)Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad PoliceDepartment, travel time shall be the actual amount of time required to drive to the callback site and return to employee’s residence.
Employees who are called back for immediate service and who are required to return tohis or her place of employment or other work location directed by the employer at a time
that is not part of the employee's regularly scheduled work shift, are eligible for traveltime.
13.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the round trip distance between the directed site and the Carlsbad Police Department, whichever is less.
13.7 Contiguous Time: These minimums shall not apply to situations where the call back is contiguous with the commencement or end of the employee’s regularly scheduled work shift. In that situation, the employee shall receive applicable overtime compensation for all time actually worked beyond the regularly scheduled work shift.
ARTICLE 14. SENIORITY
14.1 The seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department in that rank.
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An employee promoted to a higher rank and later demoted back to the original rank shall have seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
14.2 If an employee voluntarily leaves the city’s employ or is dismissed for cause, the employee will lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead, if an employee is reemployed, seniority will be based on the reemployment date. This section does not apply to employees who successfully appeal a termination for cause and are ordered to be reinstated to employment.
14.3 An employee laid off will, after reinstatement, regain the seniority credit the employee possessed at the time of layoff, provided the reinstatement occurs within 24 months of the layoff.
14.4 Refer to Article 22.3 for information re: the impact of a leave of absence on seniority.
ARTICLE 15. PEACEFUL PERFORMANCE OF CITY SERVICES
15.1 During the term of the Memorandum, the CPMA, its representatives, or members shall not engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against
the City of Carlsbad.
15.2 During the term of the Memorandum, the city will not instigate a lockout over a dispute with the employees.
15.3 As used in this section, “strike or work stoppage” means the concerted failure to report for duty, the willful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment.
ARTICLE 16. DISCIPLINE OF AN EMPLOYEE
16.1 The city may only discipline regular employees for just cause. In the case of disciplinary action
involving suspension, demotion or discharge, the employee shall be given notice of the action to be taken, the evidence or materials upon which the action is based, and an opportunity to respond to the Police Chief either orally or in writing, provided the employee requests the opportunity
within seven calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline.
16.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the city will attempt to develop a permanent list of five mutually acceptable hearing officers. If a mutually acceptable list cannot be developed, the parties agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strikeout procedure using a list of seven names provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name.
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The city will bear all administrative costs associated with an appeal of discipline and the subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents.
16.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the period of time, from two to four years that the discipline will remain in the affected employee’s personnel records, unless a longer period is required by law. At the end of the designated period of time, the disciplinary action shall be removed from the employee’s personnel file. It is the responsibility of the employee to initiate a request for removal of disciplinary action from the employee’s personnel file. The only permitted use of the removed disciplinary action shall be in a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
16.4 Nothing in this Memorandum shall be construed to require “cause” or “just cause” for the
rejection of a probationary employee prior to the expiration of the probationary period. A probationary employee rejected during the probationary period shall not be entitled to appeal such rejection to the Hearing Officer but shall be entitled to an opportunity to discuss the rejection with
the Police Chief.
16.5 Right of Appeal. Any regular employee shall, within seven calendar days, have the right to appeal to the Hearing Officer any disciplinary action.
16.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the Human Resources Director, who shall, within 10 calendar days after receipt of the appeal, inform the Hearing Officer of the action desired by the appellant and the reasons why. The formality of a legal pleading is not required.
16.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the hearing on the appeal not less than 10 calendar days nor more than 30 calendar days from the date of filing, unless the parties mutually agree to a later hearing date. The Human Resources Director shall notify all interested parties of the date, time, and place of the hearing.
16.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attorney the appellant selects and may produce any relevant oral or documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings will be closed unless at least four business days prior to the hearing the appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing officer will make a recommendation. If either party disagrees with the Hearing Officer’s recommendation, that party may request, within 10 calendar days, to present their case to the City Council before the City Council renders a final decision.
16.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify the Hearing Officer’s findings and decisions in writing to the
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City Council and to the appellant. The City Council shall review the findings and recommendations of the Hearing Officer and may then affirm, revoke or modify the action taken
as, on its judgment, seems warranted, and the action taken shall be final. The Hearing Officer may submit a minority or supplemental finding and recommendation. In the case of suspension, discharge or demotion, the appointing power shall reinstate an employee to the employee’s former status if the City Council determines that the action was for discriminatory reasons.
16.10 Disciplinary appeal hearing. During any disciplinary appeal hearing, either party may file a written motion with the City Clerk for the City of Carlsbad seeking authorization from the City Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing officer. The motion for authorization shall be heard in closed session, unless waived by the appellant. Either party’s representative may make a statement to the City Council on the issue of whether authorization to seek a writ is justified. During this hearing on the motion for
authorization to pursue a writ, neither party may discuss the merits or the factual basis of the underlying administrative hearing with the City Council. The parties should limit their discussion as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an
interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing the discipline shall not be required to seek authorization from the City Council in order to pursue an interlocutory writ in court as to those issues in which the court has initial jurisdiction,
including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of Rights Act.
ARTICLE 17. RETIREMENT BENEFITS
17.1 The city has contracted with CalPERS for the following retirement benefits:
Safety “Classic” Members (those that do not qualify as “New Members” as defined below)
•Safety Tier 1 - Employees entering City of Carlsbad safety CalPERS membership for thefirst time prior to October 4, 2010 – The retirement formula shall be 3% @ 50; singlehighest year final compensation.
•Safety Tier 2 - Employees entering City of Carlsbad safety CalPERS membership for thefirst time on or after October 4, 2010 – The retirement formula shall be 2% @ 50; three
year average final compensation.
•Safety Tier 3 – Employees entering City of Carlsbad safety CalPERS membership for thefirst time on or after January 1, 2013 - The retirement formula shall be 2.7% @ 57; threeyear average final compensation.
“New Members” Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after January 1, 2013 who has
never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions which include, without limitation, the following retirement benefit:
•Safety– The retirement formula shall be 2.7% @ 57; three year average finalcompensation.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing provisions of Section 414(h)(2) of the Internal Revenue Code.
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Employees shall make the following employee retirement contributions through payroll deductions:
•Safety employees subject to the 3% @ 50 and 2% @ 50 benefit formula shall pay all ofthe employee retirement contribution (9%).
•Safety employees meeting the definition of “New Member” under PEPRA shall pay therequired PEPRA member contribution rate as established by CalPERS.
17.3 If the Employer Paid Member Contribution (EPMC) is greater than zero, the city shall report the value of the EPMC as additional (special) compensation to CalPERS for all CPMA represented
employees designated as “classic members”.
ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
18.1 Employees represented by the CPMA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, AD&D insurance and flexible spending accounts (FSAs). Each of these components is outlined below.
18.2 Benefits Credits and Medical Insurance: During the entire term of this agreement, represented employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all employees covered by this agreement and eligible dependents and those retirees designated in Section 18.6 of this Article, the minimum amount per month required under California Government Code Section 22892 for medical insurance through the CalPERS. If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered.
The city shall contribute monthly amounts (called “Benefits Credits”) on behalf of each active employee and eligible dependents toward the payment of medical premiums under the CalPERS Health Program. The city contribution shall be based on the employee’s medical coverage level
and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference.
Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income and included in the calculation of the regular rate of pay under the FLSA.
The Benefits Credits for calendar year 2025 shall be equal to those shown in the table below.
Medical Coverage Level 2025 Monthly Benefits Credits
Employee $787.00
Employee + 1 $1,570.00
Family $2,056.00
Effective the pay periods that include January 1, 2026, January 1, 2027 and January 1, 2028 the city monthly benefit credits associated with each medical coverage level (except waive medical)
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will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest
whole dollar based on the premiums that will take effect on January 1 of the respective calendar year.
Waiver Provision: CPMA-represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the city’s medical insurance program, provided they can show proof of alternative minimum essential coverage as defined by the Affordable Care Act. For those employees who are covered under another employer sponsored group insurance program, the benefits credits associated with waiving medical coverage will equal $400 per month.
18.3 Dental Insurance CPMA employees may choose to enroll in or opt out of the city-sponsored dental insurance plan at any coverage level.
18.4 Vision Insurance CPMA employees may choose to enroll in or opt out of the city-sponsored vision insurance plan at any coverage level.
18.5 Accidental Death & Dismemberment Insurance All CPMA employees shall receive city paid Accidental Death & Dismemberment (AD&D) insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. In addition, CPMA-represented employees shall receive city paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000.
CPMA employees may also choose to enroll in or opt out of the city-sponsored voluntary AD&D insurance plan at any coverage level.
18. 6 RetireesEach retired employee who was a member of this bargaining unit is covered by the PEMHCA and
is eligible to participate in the CalPERS Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that they are enrolled or eligible to enroll in
a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under California Government Code Section 22892 toward the cost of each
retiree’s enrollment in the CalPERS Health Program. Direct authorization may be established for automatic deduction of payments for health insurance administered by CalPERS.
Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose coverage upon retirement, or who chooses coverage and later drops it is not eligible to return to the city’s dental and vision insurance programs.
The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
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ARTICLE 19. UNIFORM REIMBURSEMENT
Effective January 20, 2025, reimbursement to represented employees for the cost of purchasing and maintenance of required uniforms shall increase from $34.62 to $46.16 per pay period. Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.
ARTICLE 20. VEHICLES
Each represented employee who is working in the assignment of Professional Standards and Services Division Lieutenant, Investigations Lieutenant, Traffic Lieutenant, and all Police Captains shall be assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift; provided, however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to any Lieutenant/Captain assigned in addition to the number assigned as of the date
of this Memorandum.
ARTICLE 21. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE
Short-Term Disability The city will provide represented employees with city-paid short-term disability insurance via an
insurance provider. The insurance shall provide for a seven calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.
Long-Term Disability The city will provide employees with city-paid long term disability insurance. The waiting period prior to payment eligibility shall be 90 calendar days and the long-term disability benefits shall be provided at 66 2/3% of the employee's pre-disability base salary, up to a maximum base salary of $150,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase.
Use of Accrued Paid Time Off While Receiving Disability Benefits The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability
insurance waiting period. The employee shall combine allowable types of accrued paid time off, with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments. Refer to the disability plan documents for information on
which types of accrued paid time off may be combined with disability payments.
ARTICLE 22. LEAVE OF ABSENCE
22.1 Occupational Injuries or Illnesses
22.1.1 A sworn employee who is temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code (“4850 benefits”). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work after the employee’s 4850 benefits have been exhausted and the employee has not been retired, the employee will receive workers’ compensation temporary disability payments as
provided in the Labor Code. To the extent these benefits are less than the
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employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence (i.e., the employee would not receive a city paycheck).
An employee shall not use accrued sick leave after the city approves the employee’s Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit.
22.2 Non-Occupational Injuries or Illnesses
22.2.1 An employee who is temporarily unable to work due to a non-occupational illness or injury will receive those disability benefit payments for which the
employee is eligible and applies. To the extent that these benefits are less than the employee’s full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee’s full regular pay until the employee’s leave balances reach zero, at which time the employee would commence an unpaid leave of absence.
22.2.2 Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of state and federal law. In the case an employee is disabled by pregnancy, childbirth or a related medical condition the employee shall be allowed to utilize a combination of accrued leave and leave without pay to take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions.
An employee shall utilize all accrued leave, except sick leave, prior to taking leave without pay.
The employee shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave.
If the employee is disabled by pregnancy, the employee may be eligible to return to work on a light duty assignment per the department policy regarding a non-occupational illness/injury.
22.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below:
1.accrual of sick leave and vacation,2. holiday pay,3.shift differential pay and,
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4. effective the 1st day of the pay period following ratification of this MOU, temporary upgrade pay and any other type of special assignment pay (e.g., SWAT pay).
On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s vacation anniversary date, longevity eligibility date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be
considered a continuation of the first leave of absence. Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends beyond 14 consecutive calendar days the probationary period shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in
this Extended Leave of Absence section apply to a probationary newly hired employee. 22.4 Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the recommendation of the Police Chief and the approval of the City Manager. An employee shall utilize all the employee’s vacation, and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. B. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms prescribed by the City Manager or designee and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to
reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by the Police Chief, and, upon written recommendation of the Police Chief that it be granted,
modified or denied, shall be promptly transmitted to the City Manager or designee. A copy of any approved request for leave of absence without pay shall be delivered promptly to the Human Resources Director. C. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed two calendar weeks, unless otherwise approved by the City Manager or designee. The procedure for granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than 14 calendar days prior to the expiration of the original leave.
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An employee shall utilize all the employee’s vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay.
D. Return From Leave When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, the employee shall contact the Police Chief at least 14 calendar days prior to the day the employee plans to return. The Police Chief shall promptly notify the City Manager or designee of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. E. Leave Without Pay - Insurance Payments
An employee on leave without pay may continue the employee’s city insurance benefits by reimbursing the city for the costs of insurance on a monthly basis during the period of
the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received.
22.5 The city acknowledges the applicability of the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and intends to apply and implement this document so as to comply with these laws. To the extent permitted by law, a leave of absence under this article will run concurrently with any FMLA or CFRA leave of absence an employee is entitled to receive. 22.6 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act. Police Captains are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29 CFR Section 541.5d, the city can make deductions from salary or leave accounts for partial day absences for personal reasons or sickness because the city has a policy and practice of requiring
its employees to be accountable to the public that they have earned their salaries. A partial day absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the city may make salary or leave reductions based
upon full day absences. Partial day or full day absences shall be first charged against the exempt employee's vacation, sick, or executive leave account. In the event the exempt employee does not have sufficient time in the employee’s leave account to cover the absence, deductions without pay
will be made on full days only. 22.7 Jury Duty
When called to jury duty, an employee shall be entitled to the employee’s regular compensation. If the employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement paid and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the shift. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release.
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ARTICLE 23. DISABILITY RETIREMENT
An employee’s eligibility for disability retirement will be determined in accordance with the standards and procedures contained in California Government Code sections 20000 et seq. ARTICLE 24. VACATION 24.1 Effective January 1, 2025, vacation accrual shall be as follows. Beginning with the first working day through the completion of five full calendar years of continuous service – 20 minutes/day Beginning the sixth year of continuous employment through the completion of 10 full
calendar years of continuous service – 27 minutes/day Beginning the 11th year of continuous employment through the completion of 15 full
calendar years of continuous service – 32 minutes/day Beginning the 16th year of continuous employment, vacation time shall be accrued, and
remain at a rate of 39 minutes/day for every full calendar year of continuous employment thereafter. CPMA-represented employees with comparable service in local government agencies may be granted credit for such service for the purpose of computing vacation at the discretion of the City Manager or designee. This credit only applies to the vacation accrual rate. It does not apply to seniority or any other employee-related process, pay, benefit or accrual that is based on city service credit. 24.2 Vacation Accrual Maximum No employee will be allowed to accrue vacation hours in excess of the 480 hour maximum. The Police Chief will encourage the taking of accrued vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably deny requests for vacation time off. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, the employee must submit a request in
writing to the Police Chief and the City Manager or designee. The Police Chief and the City Manager or designee may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances.
24.3 Vacation Conversion 1. Employees are eligible to submit an irrevocable request to elect to cash out up to 160 hours of accrued vacation hours for the following calendar year. 2. All employees wishing to convert accrued vacation to cash in the year following the election will complete a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year.
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3. Only vacation hours accrued during the calendar year following the election may be cashed out. Employees accruing less than the election amount may cash out no more than their total vacation
accrual in the following calendar year. 4. The employee's accrued vacation to convert to cash will be credited first to the cash out account with the employee's earned vacation leave until the employee's full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee's maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee's vacation time off balance. 5. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the all the elected vacation hours may be cashed out in July at the employee's request. All vacation
hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year
and the payout will be made no later than the last pay date in the calendar year. 6. The vacation payment amount will be based on the employee's rate of pay at the time of the
payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions. 7. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year. 24.4 Compensation for City Work During Vacation Occasionally employees on vacation leave are needed for work assignments. Employees returning to work during vacation leave will be compensated as follows: (a) Court - –For Lieutenants only, mandated court appearances during the time of an employee’s paid vacation leave from city service will result in overtime compensation, with a minimum of four hours.
(b) Duty Time – Employees returning to their regularly scheduled work time while on vacation leave shall be paid their applicable base rate of pay and not be charged the corresponding
vacation time. (c) Non-Duty Time – Lieutenants returning to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid overtime compensation. (d) Recall – This clause shall not limit the city’s right to recall an employee from vacation in the event of an emergency. 24.5 Scheduling Vacations An employee may take annual vacation leave at any time during the year, contingent upon determination by the Police Chief that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide 48 hour notice in advance of the day(s) the employee is
requesting vacation time off. When a family emergency arises which necessitates the use of
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vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances.
24.6 Terminal Vacation Pay The dollar value of an employee’s accrued vacation balance as of the employee’s last day on payroll shall be paid to the employee upon separation of employment at the employee’s base rate of pay at separation. ARTICLE 25. HOLIDAYS AND SAFETY HOLIDAY PAY 25.1 The city agrees to observe 11 scheduled paid holidays per year. The holiday schedule shall not interfere with, influence, or otherwise change the scheduling of shift employees by the
department. Employees will accrue 2 floating holidays each year on July 1st. The floating holiday must be
used in full day increments. There is no partial day use of a floating holiday. The floating holiday will be treated in the same manner as the other 11 holidays except that unused floating holidays will not carry over to the next fiscal year and will not be paid out upon separation of
employment. Effective July 1, 2025, employees will no longer accrue floating holidays. Instead, all employees will receive a 1% base salary increase effective July 1, 2025. 25.2 The holiday schedule for the term of this agreement is as follows: New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day
Independence Day Labor Day Indigenous Peoples’ Day
Veterans Day Thanksgiving Day Thanksgiving Friday
Christmas Day 25.3 CPMA employees are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays. Employees who work a 5/8 schedule will be paid an additional eight hours of safety holiday pay at a straight time rate for each holiday. Employees who work a 9/80 schedule will be paid an additional nine hours of safety holiday pay at a straight time for each holiday. Employees who work a 4/10 schedule will be paid an additional 10 hours of safety holiday pay at a straight time for each holiday. Employees who work a 3/12 schedule will be paid an additional 12 hours of safety holiday pay at a straight time for each holiday. This practice has been in place since April 2, 2001. The straight time rate used to calculate safety holiday pay is a base salary rate that excludes additional pays.
25.4 Lieutenants will be compensated in cash for safety holiday pay in the pay period in which the holiday occurs and will be calculated based on the payrate at the time earned. Lieutenants
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scheduled to work on a holiday who desire the day off will utilize vacation or compensatory time off.
Captains will be compensated in cash for holidays in the pay period in which they occur. Captains scheduled to work on a holiday who desire the day off will utilize vacation or executive time. For purposes of this section, a shift trade will be considered part of an employee’s regularly scheduled work shift. ARTICLE 26. ALCOHOL AND DRUG POLICY I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace
Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). Testing shall be conducted in a manner to ensure a high degree of
accuracy and reliability using techniques, equipment, and laboratory facilities, which have been approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Health and Human Services (DHHS). Collection, chain of custody, and testing procedures shall be conducted in accordance with FTA/DOT regulations, 49 C.F.R. Parts 40 and 655. Any testing for marijuana or other cannabinoids will only test for psychoactive cannabis metabolites in compliance with Government Code Section 12954. This policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.). This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where city-assigned work is performed, including city
premises, city vehicles or other premises or vehicles, while city-assigned work is being conducted, or within a reasonable time thereafter.
3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. 4. “Medical Review Officer (MRO)” is responsible for receiving laboratory confirmed urine drug test results; determining whether there is a legitimate medical explanation for a laboratory-confirmed positive, adulterated, or substituted result; and reviewing and reporting a verified result to the employer in a timely and confidential manner.
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5. “CCF” refers to the federal drug testing Custody and Control Form. This form will be completed for all urine specimen collections and requires the employee’s
signature each time a specimen is collected. 6. “Urine Collector” is responsible for collecting urine specimens using 49 C.F.R. Part 40 procedures; shipping the specimens to certified laboratories for analysis; and distributing copies of the CCF to the laboratory, MRO, employer, and employee in a timely and confidential manner. 7. “Breath Alcohol Technician (BAT)” is responsible for conducting alcohol screening and confirmation tests by collecting and analyzing breath specimens using an approved screening device and an evidential breath testing (EBT) device; documenting the results of the test; and transmitting the results to the employer in a
timely and confidential manner. 8. Third Party Administrator: A service agent who coordinates a variety of drug and
alcohol testing services for employers. These services can include random selections; and coordinating urine collections, laboratory testing, MRO services, alcohol testing, and SAP evaluations. The TPA is responsible for ensuring that its
service agents are qualified. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on-call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days
after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which interfere with safe or effective performance of their duties or operation of city equipment. 3. Off-duty involvement with any controlled substance including, but not limited to
manufacture, distribution, dispensing, possession, use or any conviction under a
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criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if
there is relevant nexus between such off-duty involvement and the employee’s employment with the city, consistent with the legal requirements for disciplinary due process. C. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Upon receiving a conditional offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. Any drug analysis for marijuana or other cannabinoids will only test for psychoactive cannabis metabolites in compliance with Government Code Section 12954. 2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or
subject to duty, the employee shall be: a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis. Any drug analysis for marijuana or other cannabinoids will only test for psychoactive cannabis metabolites in compliance with Government Code Section 12954. c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. 2. Some examples of “reasonable suspicion” as defined in Section 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority:
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a. slurred speech.
b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving city property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation;
f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge
that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by city management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug test sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by
the city. C. Random Selection Testing
Any CPMA-represented employee who operates the Public Safety Command Post vehicle during the course of employment shall be subject to random substance abuse tests. Refer to Administrative Order No. 64 for more information re: the drug and alcohol testing policy for employees in safety sensitive positions. Random testing will be performed as follows:
• Drugs - 50% of the total number of covered employees shall be tested
annually.
• Alcohol –25% of the total number of covered employees shall be tested
annually.
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1. Employee Notices
When an employee has been randomly selected, the employee will be discreetly notified of his or her test in a Testing Notice. The supervisor will document the date and time the Testing Notice is delivered and then the employee will be required to sign the Testing Notice, which also acknowledges that the employee being tested has been advised of the drug and alcohol testing policy. Additionally, the employee will be asked by the Urine Collector or BAT to complete the necessary form(s), either the CCF or ATF or both, for the test(s) to be conducted and analyzed. 2. Testing for Prohibited Drugs
A Urine Collector will collect a urine specimen to be analyzed by a certified laboratory for the presence of drugs prohibited under this policy. An employee must void 45 mL of urine all at once for an accurate collection. At the collection
site, the Urine Collector will divide the specimen into two samples: 30 mL of which will be labeled as the primary sample (Bottle A) and 15 mL labeled as the split sample (Bottle B). The urine samples will be sent under seal, with required
custody and control forms, to a laboratory approved by SAMHSA. An initial drug screen will be conducted on each primary sample. If the initial drug screen does not yield a negative test result, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in DOT regulations, as amended. If the result of the primary sample is not negative, the split sample as well as the primary sample will be retained in frozen storage for at least 1 year from the date the laboratory receives it. Any drug analysis for marijuana or other cannabinoids will only test for psychoactive cannabis metabolites in compliance with Government Code Section 12954.
3. Medical Review Officer All drug test results shall be interpreted and evaluated by a qualified MRO, who shall meet the requirements set forth in DOT regulations. The MRO shall not convey test results to the city until the MRO has determined that the test result was positive or negative, or should be cancelled. When the MRO reports the
result of the verified positive test, the MRO may disclose the drug(s) for which there was a positive result. The MRO may only reveal the levels of a positive drug test result to the City of Carlsbad, the employee, or the decision maker in a lawsuit, grievance or other proceeding initiated by the employee and arising from a verified positive result, or as otherwise required by law. If the MRO declares a drug test to be invalid for any reason, the test is considered canceled, and neither positive nor negative. However, a re-collection under direct observation may be ordered by the MRO. 4. Split Specimen Testing
Any employee who questions the results of a required drug test under this policy may, within 72 hours of having been notified of a verified positive test by the MRO, request that an additional test be conducted on the split sample (Bottle B)
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of the original specimen that was voided. This test will be conducted at a different DHHS certified laboratory, selected by the employee. The test must be
conducted on the split sample that was provided at the same time as the original sample. If Bottle B also tests positive, then the employee may be subject to disciplinary sanctions, up to and including termination. If the testing of Bottle B produces a negative result, or for any reason Bottle B is not available, the test is considered cancelled and no sanctions are imposed. However, a re-collection under direct observation may be ordered at the MRO’s sole discretion. The employee shall bear the responsibility of paying for the testing of the split specimen (Bottle B). 5. Alcohol Testing
Alcohol tests will be performed by a certified BAT. If the initial test on an employee using an approved EBT indicates a breath alcohol concentration (BAC) of 0.02 or greater, a second test will be performed no sooner than 15 minutes but
no later than 30 minutes from the first attempt to confirm the results of the initial test. Employees whose confirmatory test results indicate a BAC of 0.04 or greater may be subject to discipline, up to and including termination.
6. Refusal to Test An employee that refuses to submit to drug or alcohol testing required by the city shall be prohibited from performing or continuing to perform public safety functions and shall be assigned to a light duty assignment or placed on paid administrative leave at the city’s discretion. An employee's refusal to submit to drug or alcohol testing required by the city for any reason shall be considered an act of insubordination and may also result in disciplinary action, up to and including termination. Refusal to test shall include the following:
a. Failure to appear for any test within a reasonable time, as determined by the employer, consistent with applicable DOT regulations, after being directed to do so by the employer; b. Failure to remain at the testing site until the testing process is complete; c. Failure to provide a urine specimen for any drug test required; d. In the case of a directly observed or monitored collection in a drug test,
failure to permit the observation or monitoring of provision of a specimen; e. Failure to provide a sufficient amount of urine when directed, and it has been determined, through a medical evaluation, that there was not adequate medical explanation for the failure; f. Failure or decline to take an additional drug test the employer or collector has directed you to take; g. Failure to undergo a medical examination or evaluation, as directed by the MRO; h. Failure to cooperate with any part of the testing process; i. For an observed collection, failure to follow the observer’s instructions;
j. Possession or wearing of a prosthetic or other device that could be used to interfere with the collection process; or k. Admit to the collector or MRO that you adulterated or substituted the specimen.
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The above refusals to test shall incorporate any future amendments to DOT Regulation 49 CFR Part 40 Section 40.191.
7. Follow-up Covered employees who test positive may be referred to a Substance Abuse Professional (SAP) for assessment. Any covered employee identified by the Substance Abuse Professional as needing assistance and who is not being terminated, will be subject to follow-up testing upon returning to duty. After the SAP has notified the city the employee has completed the SAP’s requirements, which may include treatment and/or education, an eligible employee may return to work. However, the employee shall not perform public safety functions until the city has obtained negative drug test results from the MRO. This test is
referred to as the “Return to Duty” test in the DOT regulations. Both Return to Duty and Follow-Up Tests shall be under direct observation.
The Follow-Up Tests shall appear in a testing plan. The testing plan will be developed by the SAP and will include the number of tests required over a specified duration. The city has no discretion to alter the SAP’s testing plan and
the employee shall not have the right to obtain a copy of the testing plan. A minimum of six unannounced tests will be performed over the twelve-month period following the employee’s return to duty. Follow-up testing may be performed for up to 60 months following return-to-duty. Such testing shall be separate from participation in the random testing selection procedures. Follow-up testing may include tests for other substances beyond the employee's initial positive test of drug and/or alcohol use when the SAP has reason to believe that additional testing is warranted. If an employee is referred to a substance abuse program, payment for the program is the responsibility of the employee. III. EMPLOYEE ASSISTANCE PROGRAM A. The city has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employee of the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor.
B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral
contacts are held in confidence by the EAP. C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy. ARTICLE 27. EMPLOYER SEARCHES For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the right to search, with or without prior notice to the employee, all work areas and property in which the city maintains full or joint control with the employee, including, without limitation, city vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context
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even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas and property under full or joint city control since such work areas may
be subject to investigation or search under this article. Employer searches may occur when there is a reasonable suspicion that the employee has violated a city or department policy, directive, or work rule and that the area or property to be searched may contain evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal authority to conduct them. Searches will not normally occur without the concurrence of more than one supervisor. If the Public Safety Officers Procedural Bill of Rights Act (Government Code sections 3300 et seq.) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article.
Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery of evidence of a policy, directive, or work rule violation.
ARTICLE 28. COMPENSATION
Effective January 20, 2025, all CPMA-represented employees active on payroll upon ratification of this MOU shall receive a base salary increase depending on their job classification as shown below.
Increase Base Pay
Police Captain 7.7% $224,067.13/yr
Police Lieutenant 4.5% $90.56/hour
Effective January 1, 2026, all CPMA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below.
Increase Base Pay
Police Captain 4.5% $236,491.65/yr
Police Lieutenant 4.5% $95.59/hour
Effective January 1, 2027, all CPMA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below.
Increase Base Pay
Police Captain 4.8% $247,843.25/yr
Police Lieutenant 4.8% $100.18/hour
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Effective July 1, 2027, all CPMA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below.
Increase Base Pay
Police Captain 5.0% $260,235.41/yr
Police Lieutenant 4.5% $104.69/hour
ARTICLE 29. EXECUTIVE LEAVE Police Captains shall receive 64 hours per fiscal year for executive leave. The 64 hours will be credited at
the beginning of each fiscal year to individual leave balances. This leave must be used within the same fiscal year. The City Manager is authorized to provide 10 additional hours of executive leave per year to any CPMA-represented employee who is required to work extended hours due to emergencies such as fires, storms, floods, or other emergencies.
ARTICLE 30. LIFE INSURANCE AND VOLUNTARY BENEFITS All represented employees shall receive city paid life insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine benefits, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.
The city provides various voluntary benefits available at the employee’s cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 442-339-2440. ARTICLE 31. SEPARATION COMPENSATION All employees involuntarily separated from the city service due to budget cutbacks, layoffs, contracting out of service or for other reasons not due to misconduct which would justify involuntary separation shall receive one month’s salary computed at the employee's actual salary at the time of separation.
ARTICLE 32. FITNESS ALLOWANCE All employees shall receive $450 on July 1 of each year for fitness allowance. The fitness allowance is
offered to employees to promote optimum physical and mental health. ARTICLE 33. DEFERRED COMPENSATION
The city shall provide deferred compensation plan(s) which may be utilized by any employee. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. It is acknowledged that the city assists in the administration of a deferred compensation loan provision but that the city has no liability if an employee should default on the repayment of such a loan.
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ARTICLE 34. EDUCATIONAL INCENTIVE
Level I Applicable to all employees in CPMA. (a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of evidence of the award of an Advanced certificate issued by the State of California Commission on Peace Officer Standards and Training. (b) Compensation: Effective January 20, 2025, educational incentive shall be a flat dollar amount equivalent to 5% of the base salary for a Police Lieutenant and a Police Captain. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division
Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay.
Level II Applicable to all employees in CPMA.
(a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of evidence of the award of a Management certificate issued by the State of California Commission on Peace Officer Standards and Training. (b) Compensation: Effective January 20, 2025, educational incentive shall be a flat dollar amount equivalent to 7% of the base salary for a Police Lieutenant and a Police Captain. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. An employee who meets the criteria for compensation under more than one level, above, shall receive compensation for only the highest such level for which the employee qualifies.
ARTICLE 35. RE-OPENER
35.1 Technology At any time during the term of this Memorandum, the city may reopen negotiations on the implementation of technological changes affecting the Police Department. CPMA acknowledges
that the city has the management right to decide to change the technology used in the Police Department and that any negotiations shall be regarding the effects of the city’s decision on CPMA members. 35.2 HRIS/payroll/timekeeping system At any time during the term of this Memorandum, the city may reopen negotiations on the implementation of a new HRIS/payroll/timekeeping system affecting the Police Department. CPMA acknowledges that the city has the management right to decide to implement a new system and that any negotiations shall be regarding the effects of the city’s decision on CPMA members. Any changes shall be by mutual agreement only.
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35.3 At any time during the term of this Memorandum, the parties agree to meet and confer upon request of the other party to discuss additional changes to this Memorandum in accordance with
the Meyers-Milias-Brown Act (MMBA) based on the difference in compensation (i.e., base salary plus add-on pays) between Police Lieutenants and the employees supervised by Police Lieutenants. ARTICLE 36. ACTING ASSIGNMENT Whenever the needs of the city require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification, with the approval of the Police Chief or their designee, the employee may be placed into an acting assignment.
If an employee is serving in an acting assignment for a vacant position, the employee shall not serve more than 960 total hours, including leave and overtime hours, in a fiscal year. All other employees in an acting capacity shall not serve for more than 180 calendar days unless approved by the City Manager or
designee. Acting pay and temporary upgrade pay shall be reported to CalPERS in accordance with applicable regulations.
An employee appointed to an acting assignment shall be eligible to receive merit increases in the employee’s regular position during the acting assignment. The Human Resources Director shall obtain the employee’s acknowledgement of the temporary performance of all of the duties of the higher classification prior to the employee’s assuming or continuing the duties and additional compensation. The acknowledgement form shall clearly state that it is understood that a reduction in salary shall be affected to the employee’s original salary rate upon the expiration of the need for the performance of the duties of the higher classification. 36.1 Acting Pay Effective the 1st day of the pay period following ratification of this MOU, when an employee is placed into an acting assignment for at least eight hours during any regularly assigned or backfilled shift, the employee shall receive additional acting pay equal to 5% of their current base salary.
36.2 Temporary Upgrade Pay At the discretion of the Chief or their designee, an employee may be placed into an acting assignment for an extended time and shall receive temporary upgrade pay equal to 5% of their
base salary for the designated time assigned to the acting position. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the
city or when an employee is on an active duty military leave or on a leave of absence related to Section 4850 of the Labor Code) for more than 21 calendar days, the temporary upgrade pay shall cease on the 22nd day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the acting assignment, the temporary upgrade pay will resume as of the day the employee returns to work. ARTICLE 37. POLICE CAPTAIN AND CITY OF CARLSBAD PERSONNEL RULES AND REGULATIONS Article 6 (Examinations), Article 7 (Employment Lists) and Article 8 (Method of Filling Vacancies) of the City of Carlsbad Personnel Rules and Regulations do not apply to the Police Captain job
classification.
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ARTICLE 38. SHIFT DIFFERENTIAL
All Police Lieutenants who work or who take paid leave for a night shift (i.e., a shift in which five or more contiguous hours of their shift are after 1700 hours and before 0600 hours) shall be eligible for Shift Differential Pay. Shift Differential Pay shall be equal to three percent (3%) of the base pay rate and will be paid for the night shift (all hours worked), inclusive of all paid leave or paid time during a leave of absence, except 1) when the employee is on an extended leave of absence as defined in Article 22.3 or 2) time off due to a shift trade or 3) time off due to flex time. Shift Differential Pay shall be included in the regular rate of pay in conformance with the FLSA as it relates to calculating overtime pay. Shift Differential Pay shall not be included in the definition of “straight time” for purposes of calculating holiday pay as defined in Article 25. In regards to compensatory time, the Police Lieutenant will be paid shift differential in the same manner as Carlsbad Police Officers’ Association (CPOA) represented employees. Effective July 1, 2027, Shift Differential Pay shall increase from three percent (3%) to six percent (6%).
A person regularly scheduled on a shift that meets the requirements defined in this section who temporarily works on another shift that does not meet the requirements defined in this section will not receive the Shift Differential Pay. This is not a vested right and is not grievable.
ARTICLE 39. PAID FAMILY LEAVE Per Administrative Order No. 84, all CPMA-represented employees will be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child. ARTICLE 40. BILINGUAL PAY The city will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $23.08 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as
determined by the city in the foreign language or American Sign Language (ASL). In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible.
This Article shall not be subject to the grievance procedure.
ARTICLE 41. SWAT HAZARD PAY A Lieutenant’s assignment to the SWAT team is considered a hazardous assignment. As a SWAT team, responses to regional emergencies may include exposure to toxic, radioactive, explosive or other hazardous materials in the performance of duties. Employees assigned to the SWAT team in accordance with Department Manual Section 1004, upon appointment to the team, shall receive a Hazard Premium while assigned to the SWAT team. Effective January 20, 2025, SWAT Hazard Pay shall be a flat dollar amount that is equivalent to 2% of the Lieutenant’s biweekly base salary.
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Consistent with the Department policy, selection to the SWAT team will be at the sole discretion of the Police Chief or designee.
In order to continue in the assignment after selection each employee must pass the required physical fitness and firearm qualifications consistent with the SWAT Operations Manual. A determination of whether an employee passed the physical fitness or shooting standards will be decided by the sole discretion of the Chief of Police consistent with the SWAT Operations Manual without any right of appeal. Notwithstanding any rotational time periods set forth in the Department Manual, continued assignment on the SWAT team will be assessed and decided upon during an annual team member review in February of each year, where one-year extensions of the assignment may be granted at the sole discretion of the Police Chief or designee and without any right of appeal.
ARTICLE 42. LONGEVITY PAY
Effective January 20, 2025, employees who have a total of 8 years of full-time service shall receive longevity pay equal to 3% of the employee’s base salary.
Effective January 20, 2025, employees who have a total of 12 years of full-time service shall receive longevity pay equal to 5% of the employee’s base salary. Full-time service is defined as an employee’s cumulative service time working for the City of Carlsbad, or an employee’s cumulative service time employed as a sworn peace officer, whether or not with the City of Carlsbad. When determining eligibility for longevity pay, service time in an equivalent position in another agency requires approval of the City of Carlsbad Police Chief or designee. ARTICLE 43. RECOVERY LEAVE
Effective the 1st day of the pay period following ratification of this MOU, when, due to mandatory overtime requirements, an employee is released from duty without at least eight hours of consecutive rest,
an employee shall not report to work until eight hours after the completion of the mandatory overtime assignment with supervisor’s prior approval. The employee shall be paid as scheduled from the beginning of the employee’s next regular shift and shall not be required to use vacation or compensatory time off in
lieu of reporting to duty. If an employee is scheduled to work after the mandatory rest period has elapsed, the employee shall report to duty at that time, or the employee may be allowed to use vacation or compensatory time off for the remainder of the shift with their supervisor’s prior approval.
When an employee is required to work before their regularly scheduled shift, the employee may be released before the end of their regularly scheduled shift so that the total hours worked does not exceed the maximum hour limitations outlined in Policy 1032.7. The remainder of the employee's regularly assigned shift shall be compensated as recovery leave and the employee shall not be required to use vacation or compensatory time off in lieu of remaining on duty. This section only applies to involuntary overtime without prior notice and shall not apply to elective overtime assignments. Examples of mandatory overtime assignments include but are not limited to the following without prior notice: backfill sick, mandatory holdover, or callouts. This section will not apply to compelled overtime with notice such as court, pre-scheduled training or scenarios.
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Any implementation of recovery leave shall require advanced supervisor approval and all cases are subject to review and amendment by the Chief of Police or their designee.
In the event of a critical incident or short-term operational needs that require ongoing mandatory overtime, the Police Chief or their designee may suspend recovery leave as needed. Issuance or non-issuance of recovery leave is non-grievable.
March 18, 2025 Item #2 Page 42 of 111
uocus1gn t::nvelope IU: ALG1 t:S4!l4-!:J:.:'.I-U-4U4:.:'.-AAAU-1!:Jl-t:SU:.:'.4tiOJO/
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
fu(fp~ 3/21/2025
GEOFF PA TNOE, City Manager Date
APPROVED AS TO FORM:
61,\,Jit-k ~IA, 3;2112025
CINDIE MCMAHON, City Attorney Date
CARLSBAD POLICE MANAGEMENT ASSOCIATION
1/30/2025
SHAUN LAWTON, President Date
37
March 18, 2025 Item #2 Page 43 of 111
Attachment B
CPMA Salary Schedule
January 20, 2025
Base Pay
Police Captain $224,067.13/yr
Police Lieutenant $90.56/hour
July 1, 2025
Base Pay
Police Captain $226,307.80/yr
Police Lieutenant $91.47/hour
January 1, 2026
Base Pay
Police Captain $236,491.65/year
Police Lieutenant $95.59/hour
January 1, 2027
Base Pay
Police Captain $247,843.25/year
Police Lieutenant $100.18/hour
July 1, 2027
Base Pay
Police Captain $260,235.41/year
Police Lieutenant $104.69/hour
March 18, 2025 Item #2 Page 44 of 111
Attachment C
UNREPRESENTED EMPLOYEES COMPENSATION AND BENEFITS PLAN TABLE OF CONTENTS
Section 1 Introduction ............................................................................Page 2
Section 2 Compensation ........................................................................Page 2 Pay Ranges .......................................................................Page 2 Compensation Adjustments ............................................Page 3 Survey Market ..................................................................Page 3
Section 3 Benefits and Other Types of Pay ...........................................Page 4
Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits ....................Page 4 Retirement ........................................................................Page 4 Leave of Absence .............................................................Page 6
1. Vacation ..............................................................Page 6
2. Executive Leave .................................................Page 9 3. Sick Leave ..........................................................Page 9 4. Bereavement Leave ............................................Page 11 5. Leave Without Pay .............................................Page 11
6. Pregnancy Disability Leave ................................Page 13
7. Family and Medical Leave Acts .........................Page 13 8. Military Leave ....................................................Page 13 9. Jury Duty ............................................................Page 13 10. Extended Leave of Absence ...............................Page 13
11. Paid Family Leave ..............................................Page 14
Separation Compensation ................................................Page 14 Holidays ...........................................................................Page 14 Health Benefits.................................................................Page 15 Health Insurance for Retirees...........................................Page 16
Physical Fitness Reimbursement .....................................Page 17
Short-Term and Long-Term Disability Insurance (LTD) Page 17 Deferred Compensation ...................................................Page 17 Drug and Alcohol Policy .................................................Page 18 Uniform Reimbursement and Reporting the Value
of Uniforms to CalPERS ..................................................Page 18
Fire Safety Unrepresented Employees .............................Page 18 Special Assignment and Temporary Upgrade Pay ..........Page 20 Educational Incentive Pay................................................Page 21 Bilingual Pay ....................................................................Page 21
March 18, 2025 Item #2 Page 45 of 111
Unrepresented Employees Compensation and Benefits Plan
2 Revised 3/18/2025
SECTION 1: INTRODUCTION
The Unrepresented Employees Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an overview of compensation and 3) a description of benefits for unrepresented employees.
Definitions
1. Unrepresented Employees - Unrepresented employees are defined as those employees whose classifications are listed on the Unrepresented Salary Structure. Except as to those unrepresented employees subject to an applicable law, all unrepresented employees are considered “at-will” and have no property rights to their position. At will employment
with the city may be terminated at any time by either party, with or without cause, for
any reason or no reason whatsoever, and with or without advance notice. At will employees do not have the right to appeal. 2. City Council Appointed Employees - The City Manager and City Attorney are hired by
and responsible directly to the City Council. The salaries for these positions shall be set
by the City Council. The City Manager and City Attorney will not be subject to the provisions of the Compensation program as outlined in Section 2 of this document. The schedule of unrepresented benefits (as outlined in Section 3 of this document) will apply to these positions, except as otherwise provided by the City Council.
SECTION 2: COMPENSATION Pay Ranges
Each unrepresented job classification is assigned to a specific pay range. An employee may be paid
anywhere in the pay range associated with their job classification. Any employee may be advanced in the pay range regardless of the length of time served at the employee’s present pay rate. This advancement requires the written recommendation of the
employee’s manager and the approval of the employee’s department head and City Manager (or
City Attorney, for unrepresented employees in the City Attorney’s Office)1. If, as a result of a pay range adjustment, an employee’s base salary falls below the minimum of the pay range, the employee’s salary will be increased to the new range minimum as of the date City
Council approves the pay range adjustment.
Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions and may include one or more salary ranges.
_____________________________
1 Hereafter, all references to the City Manager include, with regard to unrepresented employees in the City Attorney’s Office, the City Attorney.
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Unrepresented Employees Compensation and Benefits Plan
3 Revised 3/18/2025
Compensation Adjustments
Effective January 1, 2025 , all unrepresented employee salaries will be increased by 4%. As a result, all unrepresented employee salary ranges will be adjusted to reflect this increase. An employee’s salary may not exceed the maximum of the pay range for their classification.
Survey Market
In keeping with the City Council’s philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for unrepresented classifications.
• City of Chula Vista
• City of Coronado
• City of Del Mar
• City of El Cajon
• City of Encinitas
• City of Escondido
• City of Imperial Beach
• City of La Mesa
• City of Murrieta
• City of National City
• City of Oceanside
• City of Poway
• City of San Marcos
• City of Solana Beach
• City of San Diego
• City of Santee
• City of Vista
• County of San Diego
In addition to the agencies listed above, the following agencies will be considered in the survey market only for Utilities Director, Utilities Manager and Utilities Supervisor classifications.
• Encina Wastewater Authority
• Helix Water District
• Olivenhain Municipal Water District
• Otay Water District
• Padre Dam Municipal Water District
• Vallecitos Water District
• Vista Irrigation District
The Human Resources Department will compare salary and benefits information on each City of Carlsbad benchmark classification with appropriate classifications in the survey market. Those classifications that are considered benchmarks are those in which there was a substantial match between the competencies and duties required for jobs at the City of Carlsbad and those for jobs in
the survey market.
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Unrepresented Employees Compensation and Benefits Plan
4 Revised 3/18/2025
Each City of Carlsbad job classification is assigned to a specific pay range. The non-benchmark
positions are assigned to a pay range based on internal relationships, responsibility and/or
knowledge, skills and abilities of jobs. The benchmark salary data will be surveyed regularly and the benchmark comparisons will be modified when the classifications change within the organization.
The City Council delegates to the City Manager the authority to create and change job
classifications and assign job classifications to a specific pay range, based on both benchmark salary information and internal relationships within the organization. SECTION 3: BENEFITS AND OTHER TYPES OF PAY
Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits All unrepresented employees shall receive city-paid life insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine benefits, the amount of
insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple.
Effective January 1, 2020, all unrepresented employees shall receive city-paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine the benefit, the amount of insurance is rounded to the
next higher $5,000 multiple, unless the amount equals a $5,000 multiple.
Effective January 1, 2023, all unrepresented employees shall receive city-paid life and AD&D insurance for a spouse and children. The coverage amount for a spouse is $20,000 and for children is $10,000.
The city provides various voluntary benefits available at the employee’s cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 442-339-2440.
Retirement
All unrepresented employees shall participate in the California Public Employees' Retirement System (CalPERS). The specific retirement formula applied will be determined based on whether the position is deemed safety or miscellaneous. All positions not deemed eligible for safety
retirement will be deemed miscellaneous under the CalPERS system. Optional benefits unique to
the City of Carlsbad’s contract with CalPERS are outlined in the contract between the city and CalPERS. A copy of this contract is kept on file in the Human Resources Department. Unrepresented employees who are considered fire safety employees are eligible for the same
retirement benefit formula and are subject to the same optional retirement benefits described in the
City of Carlsbad CalPERS safety contract (and are the same as those provided to employees represented by the Carlsbad Firefighters' Association, Inc.). Sworn police unrepresented employees are eligible for the same retirement benefit formula and are subject to the same optional retirement benefits described in the City of Carlsbad CalPERS safety contract (and are the same as those
provided to employees represented by the Carlsbad Police Officers’ Association).
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A. The city has contracted with CalPERS for the following retirement benefits:
Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) a) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 - The retirement formula shall be 3% @ 60; single
highest year final compensation.
b) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 - The retirement formula shall be 2% @ 60; three year average final compensation. c) Employees entering City of Carlsbad safety CalPERS membership for the first time prior
to October 4, 2010 - The retirement formula shall be 3% @ 50; single highest year final
compensation. d) Employees entering City of Carlsbad safety CalPERS membership for the first time on or after October 4, 2010 – The retirement formula shall be 2% @ 50; three year average final compensation.
“New Members” Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after January 1, 2013 who has never been a CalPERS member or member of a reciprocal system or who has had a
break in CalPERS service of at least six months or more) will be subject to all the applicable
PEPRA provisions, which include but are not limited to the following retirement benefits. a) Miscellaneous employees - Retirement formula shall be 2% @ 62; three year average final compensation.
b) Safety employees - Retirement formula shall be 2.7% @ 57; three year average final
compensation. B. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of Section 414(h)(2) of the Internal Revenue Code. Employees shall make the following employee retirement contributions through payroll deductions:
• miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%),
• miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%),
• safety employees subject to the 3% @ 50 or 2% @ 50 benefit formulas shall pay all of the employee retirement contribution (9%), and
• miscellaneous and safety employees who meet the definition of “New Member”
under PEPRA shall pay the required PEPRA member contribution rate as
established by CalPERS.
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Leave of Absence
Unrepresented employees are exempt from overtime requirements under the Fair Labor Standards Act. Unrepresented employees in the city are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29 CFR Section 541.5d, the city can make deductions from salary or leave accounts for partial day absences for personal reasons or sickness because the city has a
policy and practice of requiring its employees to be accountable to the public that they have earned
their salaries. A partial day absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the city may make salary or leave reductions based upon full day absences.
Partial day or full day absences shall be first charged against the exempt employee's vacation, sick,
or executive leave account. In the event the exempt employee does not have sufficient time in the employee’s leave account to cover the absence, deductions without pay will be made on full days only.
1. Vacation
a. Vacation Accrual Every unrepresented employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15
minute increments.
All unrepresented employees (except Fire Battalion Chiefs, Assistant Police Chief, and Police Chief) shall earn vacation on the following basis: - Beginning with the first working day through the completion of five full calendar years of continuous service - 13 minutes/day.
- Beginning the sixth year of employment through the completion of 10 full calendar years of continuous service - 20 minutes/day. - Beginning the 11th year of employment through the completion of 11 full
calendar years of continuous service - 21 minutes/day. - Beginning the 12th year of employment through the completion of 12 full calendar years of continuous service - 22 minutes/day.
- Beginning the 13th year of employment through the completion of 13 full calendar years of continuous service - 24 minutes/day. - Beginning the 14th year of employment through the completion of 15 full calendar years of continuous service - 25 minutes/day.
- Beginning the 16th year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter.
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Unrepresented employees with comparable service may be granted credit for such
service for the purpose of computing vacation at the discretion of the City Manager.
All unrepresented employees shall be permitted to earn and accrue up to and including 320 hours of vacation. Effective March 20, 2023 the vacation accrual maximum will increase to 400 hours. No employee will be allowed to earn and accrue vacation hours in excess of the maximum.* The City Manager shall be
responsible for the granting of vacation to all unrepresented personnel, except in the
case of the City Attorney’s Office, where the City Attorney shall be responsible for granting vacation. * If there are unusual circumstances that would require an employee to exceed the vacation accrual
maximum, the employee must submit a request in writing to the Department Head and the City
Manager or designee. The Department Head and the City Manager or designee may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and
will be considered only in extreme circumstances.
Fire Battalion Chiefs shall accrue vacation in the same manner and up to the same maximum as Carlsbad Firefighters' Association (CFA) represented employees. For fire safety unrepresented employees who contribute to the post-retirement
healthcare trust established by CFA, Inc. and who work a 112 hour/pay period
schedule, each year, in the last paycheck in December, all accrued vacation hours over 496 hours will be deposited into the employee’s individual post-retirement healthcare trust account.
For fire safety unrepresented employees who contribute to the post-retirement
healthcare trust established by CFA, Inc. and who work an 80 hour/pay period schedule, each year, in the last paycheck in December, all accrued vacation hours over 336 hours will be deposited into the employee’s individual post-retirement healthcare trust account.
The Assistant Police Chief and Police Chief shall accrue vacation in the same manner and up to the same maximum as Carlsbad Police Management Association (CPMA) represented employees.
b. Vacation Conversion
Employees, except for fire safety unrepresented employees who contribute to the post-retirement healthcare trust established by CFA, Inc. are eligible to submit an irrevocable request to elect to cash out up to 80 hours (or up to 112 hours if a
Battalion Chief on a 112 hours/pay period schedule) of accrued vacation hours for
the following calendar year. 1. All employees wishing to convert accrued vacation to cash in the year following the election will complete a form between November 10 and December 10 of
each year. Elections will not carry over from one calendar year to the next
calendar year.
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2. Only vacation hours accrued during the calendar year following the election may
be cashed out. Employees accruing less than the election amount may cash out no
more than their total vacation accrual in the following calendar year. 3. The employee’s accrued vacation to convert to cash will be credited first to the cash out account with the employee’s earned vacation leave until the employee’s
full election amount is reached. The vacation hours designated to the cash out
account will not be credited toward the employee’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance.
4. Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the all the elected vacation hours will be cashed out in July. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the
calendar year, the vacation payment amount will be reduced to the total number
of vacation hours the employee actually accrues in the calendar year and the payout will be made no later than the last pay date in the calendar year. 5. The vacation payment amount will be based on the employee’s rate of pay at the
time of the payout. The vacation payment amount is taxable income, subject to
all applicable withholding amounts and payroll deductions. 6. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in
the following year.
Fire safety unrepresented employees who contribute to the post-retirement healthcare trust established by CFA, Inc., are eligible to submit an irrevocable request to elect to convert accrued vacation hours for the following calendar year to be deposited into
the employee’s individual post-retirement healthcare trust account in the same
manner established for employees represented by CFA, Inc. There shall be no cash option available to these employees for the conversion of unused accrued vacation hours.
c. Vacation Payout
An employee separating from the city service, except for a fire safety unrepresented employee who contributes to the post-retirement healthcare trust established by CFA, Inc., who has a balance of unused accrued vacation leave shall be entitled to be paid
for the remainder of their unused accrued vacation leave as of their last day on
payroll. For fire safety unrepresented employees who contribute to the post-retirement healthcare trust established by CFA, Inc., upon separation of employment, 100% of
the value of all remaining unused accrued vacation hours shall be converted to the
employee’s individual account in the Post-Retirement Healthcare Trust and/or a city-
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sponsored 457 Plan at the base rate of pay in effect at the time of separation from the
city. Allocation amounts to either or both the Post-Retirement Healthcare Trust
individual account and 457 Plan will be at the employee’s discretion and subject to Internal Revenue Service regulations. The employee shall be responsible for ensuring their contributions to a 457 Plan do not exceed the maximum allowed per law. If the amount of terminal vacation pay the employee converts to a 457 Plan
causes their 457 contributions to exceed the maximum allowed per the law and those
contributions are returned to the city, the city will deposit the amount returned into the employee’s individual account in the Post-Retirement Healthcare Trust. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours at the time of separation. The default will be to convert
100% of the unused vacation hours into the Post-Retirement Healthcare Trust
individual account unless the employee designates conversion to the city-sponsored 457 Plan no later than 14 calendar days prior to the employee’s last pay date. 2. Executive Leave (E-time)
Effective July 1, 2023, all unrepresented personnel, except for a Fire Battalion Chief who is on a 56 hour work schedule as of July 1 in a given fiscal year, shall receive 64 hours per fiscal year for executive leave. The 64 hours will be credited upon hire or promotion into unrepresented and at the beginning of each fiscal year to individual leave balances. This
leave must be used within the same fiscal year. The City Manager is authorized to provide
10 additional hours of executive leave per year to any unrepresented employee who is required to work extended hours due to emergencies such as fires, storms, floods, or other emergencies. Accrued and unused executive leave may continue to be used when a Fire Battalion Chief’s work schedule changes mid-fiscal year from 80 hours/pay period to 112
hours/pay period.
3. Sick Leave Sick leave can be used in 15 minute increments.
All unrepresented employees, except for Fire Battalion Chiefs, accrue 16 minutes of sick leave per calendar day. Accumulation is unlimited (employees cannot receive payment for unused sick leave). Fire Battalion Chiefs that work a 112 hour/pay period schedule shall accrue sick leave sick leave at a rate of 25 minutes per day. A Fire Battalion Chief who
changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule as a result
of an administrative assignment or an occupational injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this assignment.
Any unrepresented employee, except a fire safety unrepresented employee, who has accrued
and maintains a minimum of 100 hours of sick leave shall be permitted to convert up to 12 days of sick leave and uncompensated sick leave to vacation at a ratio of three sick leave days per one day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Conversion can only be made in increments of full day
vacation days. Employees will not be allowed to convert sick leave to vacation if such
conversion would put them over the vacation accrual maximum.
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fire safety unrepresented employees shall be eligible for sick leave conversion based on the
following guidelines. For a fire safety unrepresented employee on an 80 hour/pay period schedule: Any employee who has accrued and maintains a minimum of 160 hours of sick leave
shall be permitted to convert up to 120 hours of accumulated uncompensated sick
leave to either accrued vacation hours or to the employee’s post-retirement healthcare trust account at a ratio of 24 hours of sick leave to 8 hours of vacation/contributions to the employee’s post-retirement healthcare trust. The sick leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if such conversion
would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion. For a fire safety unrepresented employee on a 112 hour/pay period schedule:
Any employee who has accrued and maintains a minimum of 240 hours of sick leave
shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to either accrued vacation hours or to the employee’s post-retirement healthcare trust account at a ratio of 72 hours of sick leave to 24 hours of vacation/contributions to the employee’s post-retirement healthcare trust. The sick
leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion.
Sick leave will be administered consistent with state and federal law and shall be allowed for
the following purposes: 1. Diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member (e.g., to recuperate from or receive treatment
for personal injuries or illnesses, to care for an injured or ill family member or to attend
medical, dental or optometry appointments). 2. If the employee is a victim of domestic violence, sexual assault, or stalking, for the purposes described in California Labor Code Sections 230(c) and 230.1(a), including
obtaining relief (e.g., a restraining order), domestic violence services, or medical or mental
health treatment. Employees shall be required to account for all hours they are requesting as sick leave via the city’s timekeeping/scheduling system. If the need for paid sick leave is foreseeable, the
employee shall provide reasonable advance notification. If the need for paid sick leave is
unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. Absences covered by workers’ compensation law, the pregnancy disability provisions of the
California Fair Employment and Housing Act, the California Family Rights Act, and the
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federal Family and Medical Leave Act will be administered according to requirements of
those laws.
If an employee separates from the city and is rehired by the city within one year from the date of separation, the employee’s previously accrued and unused sick leave shall be reinstated.
Any employee applying for retirement with the California Public Employees’ Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code Section 20965.
4. Bereavement Leave
An employee may use up to an equivalent of three work days of paid bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Effective Jan. 1, 2023, an additional two days may be taken and charged to accrued
leave or, when no accrued leave is available, treated as leave without pay. Additional time
off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The “immediate family” shall be defined in the personnel rules and regulations.
The employee may be required to submit proof of relative’s death before final approval of bereavement leave is granted. 5. Leave of Absence Without Pay
To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the CFRA or FMLA. a. General Policy
Any employee may be granted a leave of absence without pay pursuant to the approval of the employee’s Department Head for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or designee is required.
An employee shall utilize all accrued vacation, e-time and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons:
1. illness or disability,
2. to take a course of study which will increase the employee’s usefulness on return to the employee’s position in the city service, or 3. for personal reasons acceptable to the City Manager and Department Head.
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b. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally
be initiated by the employee, but may be initiated by the employee’s Department
Head, and, if applicable, shall be promptly transmitted to the City Manager or designee for approval. A copy of any approved request for leave of absence without pay with a duration equal to or greater than two calendar weeks shall be delivered promptly to the Directors of Finance and Human Resources.
c. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed six months, unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that the
request for extension is made no later than 14 calendar days prior to the expiration of the original leave. d. Return From Leave
When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, the employee shall contact the employee’s Department Head at least 14 calendar days prior to the day the employee plans to return. The Department Head shall promptly notify the Human Resources
Department of the employee’s intention. The employee shall return at a rate of pay
not less than the rate at the time the leave of absence began. e. Insurance Payments and Privileges
An employee on leave without pay may continue the employee’s city insurance
benefits by reimbursing the city for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the city for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was
received.
Upon the employee’s return to paid status, any sums due to the city shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the city and the employee (e.g., computer loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees (e.g., holiday pay), unless required by law.
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6. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued leave and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued
leave, except sick leave, prior to taking leave without pay. Reasonable period of time means
that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the city reasonable
notice of the date the leave shall commence and the estimated duration of the leave. 7. Family and Medical Leave Acts The city acknowledges the applicability of the federal Family and Medical Leave Act
(FMLA) and the California Family Rights Act (CFRA) and intends to apply and implement
this document so as to comply with these laws. 8. Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federal
law. The employee must furnish satisfactory proof to the employee’s Department Head, as far in advance as possible, that the employee must report to military duty. 9. Jury Duty
When called to jury duty, an employee shall be entitled to the employee’s regular compensation. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on jury duty.
If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the city for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees.
Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release.
10. Extended Leave of Absence Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active
duty military leave) or completion of a leave of absence related to Section 4850 of the
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Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed
below:
• accrual of sick leave and vacation,
• car allowance and
• holiday pay for Fire Battalion Chiefs working a 112 hour/pay period schedule.
On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s vacation anniversary date and seniority (calculation of continuous service with the city) will
be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive
calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. During or immediately following a leave of absence, if an employee returns to work for
fewer than 14 calendar days before subsequently going back on a leave of absence for the
same injury, illness or reason for the leave, (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence.
11. Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all unrepresented employees will be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child.
Separation Compensation All unrepresented employees involuntarily separated from the city service due to budget cutbacks, layoffs, contracting out of service or for other reasons not due to misconduct which would justify
involuntary separation shall receive one month’s salary computed at the employee's actual salary at the time of separation. Holidays
All unrepresented employees shall be paid holidays in accordance with the schedule of 11 holidays
as established by the City Council. The scheduled paid holidays that will be official city holidays shall be as follows: New Year’s Day Indigenous Peoples’ Day Martin Luther King’s Birthday Veterans Day
Presidents’ Day Thanksgiving Day
Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day
Fire Battalion Chiefs are compensated for holidays in the manner outlined below.
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1) Suppression personnel on an administrative assignment are ineligible for the holiday pay
listed above. These personnel will receive straight time pay when they are regularly
scheduled to work on the holidays listed above. 2) Fire prevention personnel and personnel on a non-occupational injury light/modified duty assignment will be eligible to have the day off with pay on the holidays listed above.
3) Suppression personnel working a 112 hour/pay period schedule and personnel on an occupational injury light/modified duty assignment shall be compensated for an additional 12 hours of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday occurs.
Only employees who are on employed status on their last scheduled work day before a holiday shall be entitled to the paid holiday except where otherwise required by law. Effective July 1, 2019, all unrepresented employees, including fire safety unrepresented employees,
will receive two floating holidays per fiscal year, each year on July 1st.
The floating holiday may be used at the discretion of the employee with prior approval of the employee’s supervisor. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of
hours in the employee’s regular work shift on that day. Unused floating holidays will not carry over
to the next fiscal year and will not paid out upon separation of employment. Health Benefits
Unrepresented employees will participate in a flexible benefits program which includes medical
insurance, dental insurance, vision insurance, flexible spending accounts (FSAs) and Accidental Death & Dismemberment insurance (AD&D). Each of these components is outlined below. Benefits Credits and Medical Insurance
Unrepresented employees will be covered by the Public Employees’ Medical and Hospital Care Act
(PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The city will pay on behalf of all unrepresented employees and eligible dependents and those retirees mentioned in the section of this document titled, “Health Insurance for Retirees,” the minimum amount per month required under California Government
Code Section 22892 for medical insurance through CalPERS. If electing to enroll for medical
benefits, an employee must select one medical plan from the variety of medical plans offered through CalPERS. The city will contribute monthly amounts (called “Benefits Credits”) on behalf of each active
unrepresented employee and eligible dependents toward the payment of medical premiums under
the CalPERS Health Program. The city contribution shall be based on the employee’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the employee will pay the difference.
Effective January 1 of each calendar year, the city monthly Benefits Credits will change for each
coverage level (except waive medical). The monthly Benefits Credits associated with each medical
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coverage level will be set to dollar amounts that equate to 80% of the average health (medical,
dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded
to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical
insurance purchased by the employee, the employee will have the option of using any “excess
credits” to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income.
All unrepresented employees who work three quarter-time or less will receive prorated Benefits Credits. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance
Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D
insurance plans at any coverage level. Waiver Provision Unrepresented employees who do not wish to participate in the CalPERS Health Program will
have the choice of waiving the city’s medical insurance program, provided they can show proof
of alternative minimum essential coverage as defined by the Affordable Care Act. For those employees who are covered under another employer sponsored group insurance program, the benefits credits associated with waiving medical coverage will be $400 per month.
Health Insurance for Retirees
Effective January 1, 2001, unrepresented employees will be covered by the Public Employees’ Medical and Hospital Care Act and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Unrepresented employees who retire
from the city, either service or disability, shall be eligible to continue their enrollment in the
CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of
each retiree’s enrollment in the CalPERS Health Program.
Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely
by the retiree. An individual who does not choose coverage upon retirement, or who chooses
coverage and later drops it is not eligible to return to the city’s dental and vision insurance program. The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage.
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Physical Fitness Reimbursement
All unrepresented employees shall be eligible for reimbursement of up to the amount of $450 during each fiscal year for the costs associated with physical fitness. Each employee claiming reimbursement shall be required to submit original receipts to the Human
Resources department for approval and reimbursement.
The physical fitness reimbursement is offered to unrepresented employees to promote optimum health. Services include, but are not limited to: health assessment testing and examinations, computerized heart risk profile, complete blood profile, fees paid to physical fitness providers,
nutritional assessment and diet program. Short-Term and Long-Term Disability Insurance Short-Term Disability
Effective January 1, 2020, will provide city-paid short-term disability insurance for all
unrepresented employees via an insurance provider. The insurance shall provide for a seven-calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $200,000. The maximum base salary amount used to define this benefit will be reviewed
periodically and the City Manager may authorize its increase.
Long-Term Disability The city will provide city-paid long-term disability insurance for all unrepresented employees. Effective January 1, 2020, the waiting period prior to payment eligibility shall be 90 calendar days
and the long-term disability benefits shall be provided at 66 2/3% of the employee’s pre-disability
base salary, up to a maximum base salary of $150,000. The maximum base salary amount used to define this benefit will be reviewed periodically and the City Manager may authorize its increase. Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability
insurance waiting period. The employee shall combine accrued paid time off with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments.
Deferred Compensation
The city shall provide deferred compensation plan(s) which may be utilized by any unrepresented employee. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. It is acknowledged that the city will assist in the
administration of this benefit but that the city has no liability if an employee should default on the
repayment of such a loan. Drug and Alcohol Policy
It is the policy of the City of Carlsbad to provide a work environment free from the effects of drugs
and alcohol consistent with the directives of the Drug Free Workplace Act.
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The city provides a voluntary Employee Assistance Program (EAP) to assist employees who seek
help for substance abuse or other personal problems affecting work or family life. This program is
available to employees and their family members and offers 24-hour access to confidential professional EAP assistance for emergency or urgent situations. For more specific information, contact the Human Resources Department or visit the city’s intranet site.
Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS Reimbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and maintenance of required uniforms shall be equal to the uniform allowance for Carlsbad Police Management Association (CPMA) represented employees.
Effective May 31, 2010, all fire unrepresented employees who are required to wear city-provided uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniforms, excluding boots.
Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.
Fire Safety Unrepresented Employees 1. Post-Retirement Healthcare Trust
Employees promoted into a fire safety unrepresented classification from a position represented
by CFA, Inc. after the establishment of the post-retirement healthcare trust by CFA, Inc. shall contribute into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions until participation by CFA, Inc., in this type of trust is terminated. The employee contribution amount shall be equal to the amount established for employees represented by CFA, Inc. In
addition, the city will make monthly contributions per fire safety unrepresented employee who is
contributing to the trust. The city contribution amount will be equal to the amount established for employees represented by CFA, Inc. The city has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll contributions as described above.
2. Overtime
The classifications of Fire Chief, Assistant Fire Chief, Fire Division Chief, Fire Battalion Chief and Fire Marshal are exempt from overtime requirements under FLSA. Effective June 12, 2023, a Fire Battalion Chief on a 56 hour work schedule (i.e., Shift Battalion
Chief) is paid at their base hourly rate of pay multiplied by 1.5 for the actual hours they spend
covering for a Battalion Chief who is on a leave of absence or deployed and when directed to attend a mandatory training class or meeting associated with the rank of Battalion Chief on a non-scheduled work day.
Effective June 12, 2023, a Fire Battalion Chief on a 40 hour work schedule (i.e., Administrative
Battalion Chief) is paid at their base hourly rate of pay for the actual hours they spend when directed to attend a mandatory training class or meeting associated with the rank of Battalion Chief on a non-scheduled work day. An Administrative Battalion Chief is paid at a Shift
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Battalion Chief base hourly rate of pay multiplied by 1.5 for actual hours covering for a Shift
Battalion Chief who is on a leave of absence or deployed.
Effective Aug. 8, 2022, a Fire Division Chief and/or the Assistant Fire Chief, with prior approval from the Fire Chief, may fill a shift Fire Battalion Chief opening under the conditions outlined below.
1) The shift opening remains unfilled after all off-duty Fire Battalion Chiefs have been
given first right of refusal to work the shift opening but are unavailable. 2) While “working down,” a Fire Division Chief or Assistant Fire Chief may only perform the duties of a shift Fire Battalion Chief. 3) The Fire Division Chief or Assistant Fire Chief “working down” in the rank of shift
Fire Battalion Chief will be compensated at a shift Fire Battalion Chief pay rate (i.e.,
the Fire Battalion Chief bi-weekly pay range maximum divided by 112) for all hours worked outside the Fire Division Chief’s or Assistant Fire Chief’s regular work week.
Employees in the classification of Fire Chief, Assistant Fire Chief, Fire Division Chief and Fire
Marshal who are assigned to a mutual aid incident (not automatic aid) (either outside or within the City of Carlsbad) are compensated for regularly scheduled hours. In addition, the employee will be paid at their base hourly rate of pay, which is derived by dividing their weekly salary by 40 hours for all hours, beginning at the time of dispatch until return to jurisdiction (portal to
portal). Employees in the classification of Fire Battalion Chief who are assigned to the
emergency location are paid at a rate of 1.5 their base hourly rate of pay, which is derived by dividing their base weekly rate by 40 hours, for hours worked in excess of their normally scheduled work shift beginning at the time of dispatch to the return to jurisdiction (portal to portal).
3. Fire Battalion Chief Administrative Assignments While a Fire Battalion Chief is on an administrative assignment, the employee' s hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate.
While appointed or assigned to an administrative position (80 hour/pay period schedule), the
employee shall receive an additional 15% above their base hourly pay rate. A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative assignment will not be available to work shift overtime on days they are assigned to an
administrative assignment unless authorized by the Fire Chief or designee. Employees are
authorized to work suppression overtime during hours they are not assigned to administration. A Fire Battalion Chief working an 80 hour/pay period schedule who works a suppression
overtime shift, not including overhead assignments, will have their pay rate converted to the 112
hour/pay period rate while working on the suppression overtime shift. This rate shall not
include the 15% administrative assignment pay.
4. Moving Between an 80 Hour/Pay Period Work Schedule and a 112 Hour/Pay Period Work
Schedule
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When a Fire Battalion Chief changes from a 112 hour/pay period schedule to an 80 hour/pay
period schedule, the employee’s vacation balance (number of hours of accrued and unused
vacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. When a Fire Battalion Chief changes from an 80 hour/pay period schedule to a 112 hour/pay
period schedule, the employee’s vacation balance (number of hours of accrued and unused
vacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. 5. The city will comply with the Firefighter Bill of Rights Procedures for those fire safety
unrepresented employees who are afforded rights pursuant to Government Code Section 3254.5
of the California Firefighter Procedural Bill of Rights Act (FBOR). 6. Employees in the classifications of Fire Battalion Chief and Fire Marshal shall be eligible for COVID-19 Emergency Responder Leave as outlined in the side letter agreement between the
CFA and the City of Carlsbad relating to COVID-19 Emergency Responder Leave.
7. Deployment Recovery Leave Effective March 20, 2023, fire safety unrepresented employees returning from incident deployments spanning 240 hours or greater shall be granted deployment recovery leave of up to
24 hours to cover the balance of their remaining shift if returning on a regularly scheduled
workday. If returning from an incident deployment spanning 240 hours or greater on a regularly scheduled day off, fire safety unrepresented employees shall be granted deployment recovery leave of up to
24 hours to cover the duration of their next regularly scheduled shift so long as that regularly
scheduled shift is scheduled to begin within 24 hours of return from the incident. fire safety unrepresented employees returning from incident deployments spanning 240 hours or greater will not be allowed to work overtime or a trade or be eligible to be force hired unless they
have been off duty for a total of 24 hours whether returning on a regularly scheduled workday or
a regularly scheduled day off. In the event the Fire Department is experiencing a staffing shortage, the City Manager or designee may adjust deployment recovery leave as needed until the local staffing shortage is resolved.
Special Assignment and Temporary Upgrade Pay Whenever the needs of the city require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification for a period of more than 21 calendar days, the employee shall be designated as being
in a special assignment and receive additional temporary upgrade pay. In such cases, the employee
shall be paid at an appropriate level which will assure an increase of not less than five percent greater than the employee’s current salary. Subsequent to designation in a special assignment, in the event that the situation changes and the city does not need the employee to serve in the assignment for at least 21 consecutive calendar days, the employee shall receive the temporary
upgrade pay for that period of time the assignment lasts. In the event that at the beginning of a
special assignment, it is not perceived that the assignment will last at least 21 consecutive calendar
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days, and the assignment nonetheless extends beyond 21 consecutive calendar days, the employee
in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting
assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department Head. Exceptions to the
minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification the employee shall receive not less than 2.5% temporary upgrade pay.
The temporary upgrade pay shall commence on the first (1st) calendar day of the special
assignment. The recommendation that an employee be placed in a special assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. The employee shall not serve for more than 180 calendar days in a special assignment unless approved by the City Manager or designee.
If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than 21 calendar days, the temporary upgrade pay associated with their special assignment shall cease on the 22nd day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the special
assignment, the temporary upgrade pay will resume as of the day the employee returns to work.
An employee in a special assignment shall be eligible to receive pay increases in the employee’s regular position during the special assignment. The Human Resources Director shall obtain the employee’s consent for the special assignment prior to the employee’s assuming or continuing the
duties and additional compensation, which shall clearly state that it is understood that a reduction in
salary will occur due to cessation of the temporary upgrade pay upon the expiration of the need for the special assignment. Educational Incentive
Effective January 1, 2019, employees in the classifications of Police Chief and Assistant Police Chief who present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of evidence of the award of a Management certificate issued by the State of California Commission on Peace Officer Standards and Training (POST) will be eligible to receive
educational incentive pay in the amount of $462 biweekly. Eligibility for receiving the
compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the educational incentive pay.
Bilingual Pay
Effective June 12, 2023, the city will provide additional compensation to an unrepresented employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be
designated as bilingual is at the sole discretion of the City Manager or designee.
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In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as
determined and paid for by the city in the foreign language or American Sign Language (ASL).
In order to maintain eligibility for bilingual pay, an employee must pass the bilingual proficiency test every three years from the date they first become eligible.
March 18, 2025 Item #2 Page 66 of 111
Attachment D
JOB TITLE MINIMUM MIDPOINT MAXIMUM
Police Chief 200,627$ 245,814$ 291,000$
Assistant City Manager 199,354$ 244,254$ 289,154$
Deputy City Manager 187,894$ 230,213$ 272,531$
Fire Chief 187,538$ 229,778$ 272,018$
Assistant Police Chief 182,039$ 223,039$ 264,039$
Assistant Fire Chief 176,757$ 216,569$ 256,380$
Senior Assistant City Attorney 176,757$ 216,569$ 256,380$
Transportation Director 170,751$ 209,254$ 247,756$
Utilities Director 170,751$ 209,254$ 247,756$
Community Development Director 166,574$ 204,112$ 241,649$
Human Resources Director 165,938$ 201,567$ 237,195$
Finance Director 165,938$ 201,567$ 237,195$
Information Technology Director 165,938$ 201,567$ 237,195$
Assistant City Attorney 160,631$ 196,852$ 233,072$
Housing and Homeless Services Director 160,631$ 196,852$ 233,072$
Parks and Recreation Director 160,631$ 196,852$ 233,072$
Library and Cultural Arts Director 154,529$ 187,709$ 220,888$
Assistant Director of Community Development 148,159$ 179,970$ 211,782$
Assistant Information Technology Director 148,159$ 179,970$ 211,782$
Assistant Utilities Director 148,159$ 179,970$ 211,782$
Communication & Engagement Director 148,159$ 179,970$ 211,782$
Environmental Sustainability Director 148,159$ 179,970$ 211,782$
Fire Division Chief 148,159$ 179,970$ 211,782$
Utilities Manager 148,159$ 179,970$ 211,782$
Asst. Director of Emergency Services 126,239$ 154,585$ 182,930$
Assistant Human Resources Director 126,239$ 154,585$ 182,930$
Assistant Finance Director 126,239$ 154,585$ 182,930$
Business Intelligence & Analytics Manager 126,239$ 154,585$ 182,930$
City Traffic Engineer 126,239$ 154,585$ 182,930$
City Planner 126,239$ 154,585$ 182,930$
Deputy City Attorney 126,239$ 154,585$ 182,930$
Deputy Library Director 126,239$ 154,585$ 182,930$
Director of Constituent & Clerk Services 126,239$ 154,585$ 182,930$
Economic Development Director 126,239$ 154,585$ 182,930$
Engineering Manager 126,239$ 154,585$ 182,930$
Fire Battalion Chief 126,239$ 154,585$ 182,930$
Geographic Info. Systems Manager 126,239$ 154,585$ 182,930$
Homeless Services Manager 126,239$ 154,585$ 182,930$
Housing Services Manager 126,239$ 154,585$ 182,930$
Information Technology Manager 126,239$ 154,585$ 182,930$
Intergovernmental Affairs Director 126,239$ 154,585$ 182,930$
Municipal Property Manager 126,239$ 154,585$ 182,930$
Unrepresented Employees Salary Schedule (Base Pay)
Effective 1/20/2025
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JOB TITLE MINIMUM MIDPOINT MAXIMUM
Parks Services Manager 126,239$ 154,585$ 182,930$
Police Administrative Manager 126,239$ 154,585$ 182,930$
Project Portfolio Manager 126,239$ 154,585$ 182,930$
Public Works Manager 126,239$ 154,585$ 182,930$
Recreation Services Manager 126,239$ 154,585$ 182,930$
Transportation Planning and Mobility Manager 126,239$ 154,585$ 182,930$
Utilities Technical Services Manager 126,239$ 154,585$ 182,930$
Building Offical 126,239$ 150,459$ 174,679$
Human Resources Manager 125,968$ 149,751$ 173,534$
Finance Manager 125,968$ 149,751$ 173,534$
Finance Payroll Information Technology Manager 125,968$ 149,751$ 173,534$
Principal Engineer 124,234$ 147,688$ 171,141$
Risk Manager 124,234$ 147,688$ 171,141$
Assistant City Clerk 115,781$ 137,639$ 159,497$
Business Technology Manager 115,781$ 137,639$ 159,497$
Community Health Nurse 115,781$ 137,639$ 159,497$
Development Services Manager 115,781$ 137,639$ 159,497$
Information Technology Senior Project Manager 115,781$ 137,639$ 159,497$
Information Technology Security Manager 115,781$ 137,639$ 159,497$
Internal Audit Manager 115,781$ 137,639$ 159,497$
Municipal Projects Manager 115,781$ 137,639$ 159,497$
Police Communications Manager 115,781$ 137,639$ 159,497$
Principal Planner 115,781$ 137,639$ 159,497$
Public Safety Info. Technology Manager 115,781$ 137,639$ 159,497$
Parks Superintendent 115,781$ 137,639$ 159,497$
Public Works Superintendent 115,781$ 137,639$ 159,497$
Real Estate Manager 115,781$ 137,639$ 159,497$
SCADA Supervisor 115,781$ 137,639$ 159,497$
Senior Engineer 115,781$ 137,639$ 159,497$
Utilities Asset Manager 115,781$ 137,639$ 159,497$
Utilities Senior Engineer 115,781$ 137,639$ 159,497$
Utilities Superintendent 115,781$ 137,639$ 159,497$
Utilities Supervisor 115,781$ 137,639$ 159,497$
Code Enforcement Manager 98,899$ 117,420$ 135,939$
Cultural Arts Manager 98,899$ 117,420$ 135,939$
Senior Human Resources Officer 98,899$ 117,420$ 135,939$
Information Technology Project Manager 98,899$ 117,420$ 135,939$
Park Planning Manager 98,899$ 117,420$ 135,939$
Safety Training Center Supervisor 98,899$ 117,420$ 135,939$
Senior Accountant 98,899$ 117,420$ 135,939$
Senior Program Manager 98,899$ 117,420$ 135,939$
Senior Management Analyst 98,899$ 117,420$ 135,939$
Special Projects Manager 98,899$ 117,420$ 135,939$
Video Production Manager 98,899$ 117,420$ 135,939$
Community Relations Manager 84,432$ 100,140$ 115,847$
Public Information Officer 84,432$ 100,140$ 115,847$
March 18, 2025 Item #2 Page 68 of 111
JOB TITLE MINIMUM MIDPOINT MAXIMUM
Senior Deputy City Clerk 84,432$ 100,140$ 115,847$
Deputy City Clerk 81,263$ 96,380$ 111,498$
Executive Assistant 81,263$ 96,380$ 111,498$
Human Resources Analyst 81,263$ 96,380$ 111,498$
Management Analyst 81,263$ 96,380$ 111,498$
Meter Services Supervisor 81,263$ 96,380$ 111,498$
Parks/Trees Supervisor 81,263$ 96,380$ 111,498$
Principal Librarian 81,263$ 96,380$ 111,498$
Program Manager 81,263$ 96,380$ 111,498$
Public Works Supervisor 81,263$ 96,380$ 111,498$
Recreation Area Manager 81,263$ 96,380$ 111,498$
Senior Crime Intelligence Analyst 81,263$ 96,380$ 111,498$
Utilities Maintenance Planner 81,263$ 96,380$ 111,498$
Aquatic Supervisor 72,649$ 84,326$ 96,002$
Associate Analyst 72,649$ 84,326$ 96,002$
Crime Intelligence Analyst 72,649$ 84,326$ 96,002$
Programs and Venues Coordinator 72,649$ 84,326$ 96,002$
Communications Coordinator 72,649$ 79,916$ 87,184$
Community Arts Coordinator 72,649$ 79,916$ 87,184$
Community Volunteer Coordinator 72,649$ 79,916$ 87,184$
Graphic Production Supervisor 72,649$ 79,916$ 87,184$
Management Assistant 72,649$ 79,916$ 87,184$
March 18, 2025 Item #2 Page 69 of 111