HomeMy WebLinkAbout1978-10-03; City Council; Resolution 55481
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RESOLUTION NO. 5548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING
A MEMORANDUM OF UNDERSTANDING BETV7EEN REPRESENTATIVES OF MANAGEMENT AND THE
CARLSBAD POLICE OFFICERS ' ASSOCIATION
F7HEREAS, representatives of management and the Carlsbad
Police Officers' Association have been conducting negotiations
pursuant to the Meyers-Milias-Brown Act, regarding wages and
Dther terms and conditions of employment for Fiscal Year 1978-1979:
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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
?ublic interest to accept such an agreement in the form of a
Yemorandum of Understanding, marked Exhibit A and incorporated
3y reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
'ity of
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Carlsbad, California, 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 1978-1979 and the Personnel Rules
and Regulations of the City of Carlsbad and by other
appropriate actions necessary in accord with its terms.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 3rd day of October , 1978,
by the following vote to wit:
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler
NOES : None
ABSENT: None
4TTEST :
(SEAL)
Exhibit "A" to Res. 5548 0
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into
this 21st day of September 1978 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 agree-
ment 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 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.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be
jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. 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 the
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 Memorandum become effective prior to 12:Ol a.m. on September 22, 1978. This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1979.
ARTICLE 4. =NEGOTIATION
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Section E.
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, 1978,
to February 1, 1979, its request to commence meeting and conferring
in good faith. Upon receipt of such written notice, meet and confer shall begin no later than March 1, 1979.
Section 2.
Unless the City serves upon CPOA, 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, Upon 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.
Section 3.
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
unless either party gives thirty (30) days notice to terminate subsequent to June 30, 1979.
ARTICLE 5. RETENTION OF BENEFITS
The employees of the City of Carlsbad shall retain a11 present
benefits for the term of this agreement, except as amended by this Memorandum.
ARTICLE 6. COMPE3JSATION ADJUSTMENTS
The parties agree to recommend the City Council amend the
existing City Salary Plan, as amended, adopted by City Council Resolution No. 5169, to provide salary increases in the amounts of Three Percent (3%) effective September I, 1978 and Four Percent (4%) effective January I, 1979.
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.
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ARTICLE 7. HEALTI-I AND MEDICAL INSURANCE
The City agrees to amend its present method of providing for
payment of Health and Medical Insurance coverage for employees.
Such amendment to include that City pay a sum up to Forty Dollars
($40.00) per month toward health and medical insurance coverage
of each employee with the provision that the amount remaining
above and beyond the cost of individual employee premium be applied to defraying the cost of dependent health and medical care
insurance premium. Such payment modification shall take effect
for the payroll period immediately following the date upon which
the City Council considers this Memorandum,
ARTICLE 8. UNIFORM ALLOWANCE
City agrees to amend the present uniform allowance to permit
payment of Two Hundred Dollars ($200.00) per year for sworn
personnel and One Hundred Twenty-five Dollars ($125-00) per year
for nonsworn personnel.
ARTICLE 9. JOINT STUDIES
Parties agree to jointly study:
(1) The subject of an additional classification in the police
series; such classification to represent an intermediate
grade between the present classifications of police sergeant and police officer.
(2) The subject of a four day work week.
Parties agree that the pursuit of joint studies does not
imply, promise nor assume the acceptance of study results, conclusions or recommendations by either party,
Parties further agree that the composition of joint study
groups and their schedules must be mutually accepted before
commencing such studies: but that in no case shall final study
reports be presented to the City Manager and CPOA representatives
later than February 1, 1979.
ARTICLE 10. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. 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,
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B. It is the intent of the parties that this Memorandum
of Understanding be administered in its entirety in good
faith during its full term.
It is recognized that during such term it may be necessary
for the City to make changes in rules or procedures affecting the employees in the unit. Where the City finds it necessary to make
such change it shall notify CPOA indicating the proposed change prior to its implementation. If CPOA wishes to consult or negotiate with the City regarding the matter, CPOA shall notify the City within five (5) working days from the receipt of such notice, Upon receipt of such notice, the parties shall meet promptly
in an 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 such
changes required during emergencies. However, the City shall
notify CPOA of such changes as soon as practicable, Such emergency assignments shallmt extend beyond the period of the emergency. "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change.
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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.
Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and
unqualifiedly 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.
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 unless made and executed in writing by all parties hereto, and if required, approved and implemented by the
City Council,
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.
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ARTICLE 11. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of Understanding:
A. City's prhcipal 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 repre-
sentative 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 12. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Under- standing is subject to all current and future applicable federal and state laws, federal and state regulations.
provision of this Memorandum of Understanding is in conflict
or inconsistent with such above applicable laws, rules and regula- tions, or is otherwise held to be invalid or unenforceable by any
tribunal or 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.
If any part or
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Under-
standing the day, month and year first above written.
City Attorney -4 - CPOA