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HomeMy WebLinkAbout1977-08-02; City Council; Resolution 51681 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5168 A FSSOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION. WHEREAS, representatives of Management and the Carlsbad Police Officers' Association have been conducting negotiations pursuant to the Meyers-Milias-Brown Act regarding wages and other terms and conditions of employment for the 1977-1978 fiscal year; and WHEREAS, said representatives have reached agreement which they desire to submit to the City Council for approval: and WHEREAS, the City Council has determined it to be in the public interest to accept such an agreement in the form of a Memorandum of Understanding marked Exhibit 'A' and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 1. 2. 3. Carlsbad as follows: That the above recitations are true and correct. That the Memorandum of Understanding between the Carlsbad Police Officers' Association and representatives of Management is hereby accepted. That the City Council intends to implement said Memorandum by incorporating its terms into the salary plan for fiscal year 1977-78 and the personnel rules of the City of Carlsbad and by other appropriate actions as necessary in accord with its terms. 3 2 1 G 4 E u E 7 & 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of August , 1977, by the following vote, to wit: AYES : Councilmen Lewis, Packard, Skotnicki and NOES : None Counci 1 woman Cas1 er ABSENT: Councilman Frazee ROBERT F&c%#.GL C. FRAZEE, Mayor ATTEST : (SEAL)' MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 28th day of July, 1977 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 Officers' Association (hereinafter referred to as CPOA or "employees" ) . It is the purpose of this Memorandum of Understanding (here- ' inafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the City management representatives and the local safety police 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. RECOGNITION The City of Carlsbad recognizes CPOA as the sole and exclusive majority representative for all classifications in this Unit, as set forth in Attachment A of the Petition for Formal Recognition, submitted on May 24, 1976, in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code. 2. ARTICLE 2. IMPLEMElNTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council. City will act in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures necessary to implement this Memorandum. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: It is agreed that the A. The City Council acts, by majority vote, formally to approve and adopt said Memorandum. B. The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. ARTICLE 3. TERM The term of this Memorandum shall commence on the date when the terms and conditions for its effectiveness, as set forth in Implementation, are fully met; but in no event shall said Memo- randum become effective prior to 12:Ol a.m. on July 1, 1977. This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1978. ARTICLE 4. RENEGOTIATION Section 1. In the event either party desires to meet and confer in good faith on the provisions of a successor Memorandum, such party shall serve upon the other party, during the period from December 1, 1977, to February 1, 1978, its written request to commence meeting and conferring in good faith as well as its full and entire written proposal for such successor Memorandum, with the exception of salary proposals which shall be presented no later than March 1, 1978. Upon receipt of such written notice and proposals, meet and confer shall begin no later than March 1, 1978. 0 3, Section 2. Nothing contained in this Memorandum shall preclude petition of either party with reasonable advance written notice to the other to reopen negotiations on issues of a non-economic nature, but having a direct bearing upon the employees of this unit. Section 3. Unless the City serves upon CPOA by March 1, 1978, full entire written proposals to amend, add to, delete or otherwise change any of the provisions of this Memorandum, this Memorandum shall constitute City's full proposal for a successor agreement, except in the matter of salaries or other economic provision. receipt of such notice and proposals, meet and confer shall begin no later than March 1, 1978. Notwithstanding the above, if federal or state governments take action that has direct effect upon areas which fall within meet and confer, the City may submit proposals concerning these areas at later dates. Upon Section 4, If neither party requests a reopening for the purpose of renegotiation, all conditions of this Memorandum remain in full force and effect for one year from the date it would have terminated as set forth in Article 3, Term, and from year to year hereafter subject to reopening in the manner and on the day and month specified in Section 1 of this Article. ARTICLE 5. NON-DISCRIMINATION The parties mutually recognize and agree fully to protect the rights of all employees covered hereby to join and participate in the activities of CPOA and all other rights guaranteed by law. No employees shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 4. The provisions of this Memorandum shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, age, national origin, political or religious opinions or affiliations. The parties agree to support the Affirmative Action Program established by the City. ARTICLE 6. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all present benefits for the term of this agreement, with the exception of certain amendments proposed in Articles 7, 8, and 9. ARTICLE 7. COMPENSATION ADJUSTMENTS The parties agree to recommend the City Council amend the existing City Salary Plan, as amended, adopted by City Council Resolution No. 3972, July 20, 1976, to provide a salary increase in the amount of six percent (6%). The above described amendments are to be computed, based upon the above described and agreed to amounts, in increments applicable to each range and step in the salary plan and providing for twenty- six (26) biweekly pay periods for the fiscal year. ARTICLE 8. EDUCATIONAL INCENTIVE COMPENSATION Parties agree to recommend City Council amend existing Educational Incentive Program for personnel represented by declaring all previous Educational Incentive Programs, null and void as of and after July 1, 1977 to be replaced by the below described Educational Incentive Program: A. Step 1. Applicable to all represented employees. 1. Requirements. Present proof to the Training Officer, Carlsbad Police Department of successful completion of the prescribed course of study for and award of a Certificate of Competency in Police Science by a State of California Community College and completion of two consecutive years of service as a member of the Police 5. Department of the City of Carlsbad. The two years of service must have been completed immediately prior to the time the application for Educational Xncentive Compensation is submitted. Represented employees who have completed requirements they believe to be equivalent to those required for the award of a Certificate of Competency in Police Science but who have not been awarded such certificate and who would otherwise be eligible for Step 1, Educational Incentive Compensation may petition for recognition of equivalency to the Chief of Police. receipt of such a request, the Chief of Police will request the City Manager to convene a committee consisting of a representative of the City Manager, CPOA and the Chief of Police to review and evaluate the petition. approved, the applicant will be authorized Step 1 Educational Incentive Compensation in the same manner as other eligible employees. the applicant will be provided a written statement indicating what additional requirements must be met for eligibility for Step 1 Educational Incentive Compensation. Upon If If the petition is not approved, 2. Compensation. Satisfactory fulfillment of the above requirement shall be compensated at the rate of twenty-five dollars ($25.00) paid biweekly for twenty-six biweekly pay periods per fiscal year. B. Step 2. Applicable to all Peace Officers represented. 1. Requirements. Present evidence to the Training Officer, Carlsbad Police Department of the award of an Intermediate Certificate issued by the State of California Commission on Peace Officers Standard and Training and eligibility for Step 1. 2. Compensation. Satisfactory fulfillment of the above requirement shall be compensated at the rate of forty- five dollars ($45.00) paid biweekly for twenty-six biweekly pay periods per fiscal year. Such compensation to be in lieu of any previous Educational Incentive Compensation payments which had been received. 6. C. Step 2. Applicable only to non-sworn personnel represented. 1. Requirements. Present evidence to the Training Officer, Carlsbad Police Department of having met the State of California Commission and Peace Officers Standards and Training requirements for an Intermediate Certificate as determined and agreed to by representatives of the City Manager and the Carlsbad Police Officers Association President. It is understood no certificate can be awarded to non-sworn personnel. 2. Compensation. Satisfactory fulfillment of the above requirement shall be compensated at the rate of forty- five dollars ($45.00) paid biweekly for twenty-six biweekly pay pericds per fiscal year. Such compensation to be in lieu of any previous Educational Incentive Compensation payments which had been received. D. Step 3. Applicable to Peace Officers represented. 1, Requirements. Present evidence to the Training Officer, Carlsbad Police Department of the award of an Advanced Certificate issued by the State of California Commission on Peace Officers Standards and Training and eligibility for Steps 1 and 2. 2. Compensation, Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty- five dollars ($65.00) paid biweekly for twenty-six biweekly pay periods per fiscal year. Such compensation to be in lieu of any previous Educational Incentive Compensation payments which had been received. E. Step 3. Applicable only to non-sworn personnel represented. 1. Requirements. Present evidence to the Training Officer, Carlsbad Police Department of having met the State of California Commission and Peace Officers Standards and Training requirements for an Advanced Certificate as determined and agreed to by representatives of the City Manager and the Carlsbad Police Officers Association 7. President. It is understood no certificate can be awarded to non-sworn personnel. 2. Compensation. Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty- five dollars ($65.00) paid biweekly for twenty-six biweekly pay periods per fiscal year. to be in lieu of any previous Educational Incentive Compensation payments which had been received. Such compensation F, Program Review, Parties further agree to recommend that the above program be reviewed jointly by the City and Carlsbad Police Officers Association semi-annually during January and July of each succeeding year to evaluate the effectiveness and currency of the program. G. Procedure. The Training Officer, Carlsbad Police Department, upon receipt of proof of eligibility for Educational Incentive Compensation, shall certify eligibility to the Chief of Police. The Chief of Police upon approving such eligibility, shall forward his approval to the City Manager for authority to commence the appropriate compensation. Educational Incentive Compensation shall commence at the beginning of the next pay period following receipt of authorization by the City Manager of the approval by the Chief of Police. ARTICLE 9. POLICE OFFICER AND POLICE SERGEANT, POLICE LIEUTENANT, AND POLICE CAPTAIN SALARY DIFFERENTIAL The parties agree to recommend City Council authorize movement of Police Sergeant to Salary Range 42 from Salary Range 40; Police Lieutenant to Salary Range 46 from Salary Range 44; and Police Captain to Salary Range 49 from Salary Range 47 in the Salary Range Schedule for Police Employees for Fiscal Year 1977-1978. 0 8. ARTICLE 10. OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum of Understanding and during the period of time said Memorandum is pending before the City Council for action, neither CPOA nor the City, nor their authorized representatives, will appear before the City Council or meet with members of the City Council individually to advocate any amendment, addition or deletion to the terms and conditions of this Memorandum of Understanding. It is further understood that this Article shall not preclude the parties from appearing before the City Council nor meeting with individual members of the City Council to advocate or urge the adoption and entirety. ARTICLE 11. A. B. It for the approval of this Memorandum of Understanding in its FULL UNDERSTANDING, MODIFICATION, WAIVER It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this Memorandum of Understanding be adninistered in its entirety in good faith during its full term. is recognized that during such term it may be necessary City to make changes in rules or procedures affecting the employees in the unit. such change it shall notify CPOA indicating the proposed change prior to its implementation. with the City regarding the matter, CPOA shall notify the City within five working days from the receipt of such notice. receipt of such notice, the parties shall meet promptly in an Where the City finds it necessary to make If CPOA wishes to consult or negotiate Upon 9. earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the City. Where the City makes such changes because of the requirements of the law, the City shall not be required to negotiate the matter of compliance with any such law. Nothing herein shall limit the authority of the City to make necessary changes required during emergencies. However, the City shall notify CPOA of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency. "Emergency" shall be defined as an unforeseen circum- stance requiring immediate implementation of the change. Where the City makes any such change for reasons other than the requirements of law or an emergency, where such change would significantly affect the working conditions of a significantly large number of employees in the unit, where the subject matter of the change is subject to negotiations pursuant to the Employer- Employee Relations Ordinance, and where CPOA within the time limits provided requests to negotiate with the City, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the wages, hours, and other terms and conditions of employment of the employees in the unit. disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted as an impasse to the City Council for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the City Council. If the parties are in C. Failure by CPOA to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. D. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and un- qualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any other matters within the scope of negotiations, during the term of this Memorandum of Understanding. 10. E. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto, and if required, approved and implemented by the City Council. F. The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 12. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City's principal authorized agent shall be the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181), except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CPOA's principal authorized agent shall be its President or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181). ARTICLE 14. PROVISIONS OF LAW It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of this Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or 11 1 competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year first above written. CITY OF CAFUSBAD ty Manager Approved as to Form: City Attorney W'