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HomeMy WebLinkAbout1979-10-02; City Council; Resolution 59531 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. 5953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING 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 Fiscal Years 1979- 1980, 1980-1981, and 1981-1982; 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 for the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Memorandum of Understanding between the Carlsbad Police Officers' Association and representatives of management is hereby accepted. 3. That the City Council intends to implement said memorandum by incorporating its terms into the salary plan for Fiscal Years 1979-1980, 1980-1981, and 1981-1982 and the Personnel Rules and Regulations of the City of Carlsbad and by other appropriate actions necessary in accord with its terms. 1 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of October , 1979, by the following vote to wit: AYES: Councilmen Packard, Lewis, Anear and NOES : None Councilwoman Casler ABSENT: Councilman Skotnicki RONALD C. PACKARD, Mayor ATTEST: 2 Exhibit "A" to 0 Resolution 5953 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of September, 1979, 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 for "employees") e PREAMBLE It is the purpose of this Memorandum of Understanding (herein- after 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 implementa- tion. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CPOA as the majority representa- tive for all classifications in this Unit, as set forth in 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. It is agreed that the City will act in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures necessary to implement this Memorandum. ARTICLE 3. TERP/I 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 Memoran- dum become effective prior to 12:Ol a.m. on July 1, 1979. This Memorandum shall expire and otherwise be fully terminated at 12:Ol Midnight on June 30, 1982. -2- 0 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, 1981, to February 1, 1982, 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, 1982. 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, 1982. 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 renego- tiation, 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, 1982. ARTICLE 5. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all present benefits for the term of this agreement, except as amended by this Memorandum. ARTICLE 6. COMPENSATION ADJUSTMENTS The parties agree to recommend the City Council amend the existing City salary Plan adopted by City Council Resolution No. 5549 to provide for salary increases in the amounts and effective on the dates shown below. a. Five percent (5%) salary increase effective July 1, 1979. b. Three percent (3%) salary increase effective February 1, 1980. c. Four percent (4%) salary increase effective October 1, 1980. d. Three percent (3%) salary increase effective April 1, 1981. e. Three percent (3%) salary increase effective July 1, 1981. f. If on January 1, 1982, the gross annual salary of a Carlsbad Police Officer with five years of service is below the mean -3- of the gross annual salaries of police officers with five years of service in the Cities of La Mesa, El Cajon, Chula Vista, National City, Escondido, Imperial Beach, Coronado, Oceanside, San Diego, and the County of San Diego, salary shall increase by a percentage necessary to bring the salary of a Carlsbad Police Officer to the mean gross annual salaries of the above listed cities as of Janaury 1, 1982. In no case shall such an increase exceed four percent (4%) effective January 1, 1982. ARTICLE 7. DISPOSITION OF ACCUMULATED SICK LEAVE Parties agree to recommend to the City Council that as of June 30, 1979, the provisions of Section 8, Rule XI, Personnel Rules and Regulations, Resignations, providing for sick leave payoff, shall not apply to represented employees, and agree that the rule shall be amended to so provide. Parties agree to recommend to the City Council that as of June 30, 1979, Rule X, Attendance and Leaves, Section 6, be amended to recite that safety employees in the Police Department shall only be governed by the laws of the state of California with respect to job incurred illness or injuries and shall not receive any of the other benefits described in Section 6. Parties further agree that the changes quoted below be added to the City of Carlsbad Personnel Rules and Regulations in place of the last sentence of Section 5, Rule X, "Sick leave shall not be taken as vacation time, nor compensated in cash at any time. Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles the employee to benefits under 24850 of the Labor Code (hereinafter '4850 benefits'). The City Manager may authorize use of sick leave after 4850 benefits are exhausted for job related illness or injury if he determines that: 1. The injury is not permanent and stationary. 2. The use of sick leave will not extend the effective date of the employee's retirement. 3. The employee is physically unable to work and there is a reasonable probability he/she may return to work. If the City determines that a local safety member should be retired for disability, such retirement may become effective, notwithstanding the fact that his/her sick leave has not expired." In consideration of the above agreement parties recommend to the City Council that the City pay each employee waiving sick leave payoff, subject to the provisions of this Memorandum, who as of June 30, 1979 has a minimum five (5) years of service with the City as cash settlement for accrued uncompensated sick leave in 0 -4- excess of one hundred twenty (120) hours as of June 30, 1979, 0 - at the rates shown below. Employees with fifteen (15) or more years of service, one-half (50%) of accrued uncompensated sick leave in excess of one hundred twenty (120) hours at an hourly salary which is the average hourly salary for the thirty-six month period proceeding June 30, 1979. Employees with ten or more but less than fifteen years of service one quarter (25%) of accrued uncompensated sick leave in excess of one hundred twenty (120) hours at an hourly salary which is the average hourly salary for the thirty-six month period proceeding June 30, 1979. Employees with five or more but less than ten years of service fifteen percent (15%) of accrued uncompensated sick leave in excess of one hundred twenty (120) hours at an hourly salary which is the average hourly salary for the thirty-six month period proceeding June 30, 1979. Eligibility for such cash settlement to be based upon approval of both parties of a list of eligible employees provided by the City, showing by name the eligible employees and their accrued sick leave, total accrued sick leave stated in hours and their average hourly rate of pay for the period ending June 30, 1979, exclusive of any Educational Incentive Program salary supplement. Such list to be distributed to the members of CPOA by the City for possible challenge or amendment within five working days from date of issue. If after five working days no challenges are received and/or all amendments are completed the list shall be considered correct by both parties and agreement indicated by recording signatures of the authorized agents of both parties to said list. of a signed and dated request from each eligible employee, stating the total number accrued sick leave hours greater than one hundred twenty (120) hours of accrued sick leave that the eligible employee desires to be compensated for, to be received not later than "berl, 1979, by the Personnel Director, City of Carlsbad, and to contain a statement of under- standing that any portion of accrued sick leave greater than one hundred twenty (120) hours for which cash settlement is not requested will continue as an accrual but for which cash settle- ment may not be requested afterNovf.mber 1, 1979. settlements shall be made in a lump sum or in installments with the manner and time of such payments to be determined by the City Manager, but in no case will payment be completed later than July 1, 1982. Payment shall be further contingent upon receipt Such requests Payments of cash Parties further agree to recommend to the City Council that on or after July 1, 1982, the City proceed in a timely manner to amend its existing contract with the Public Employees' Retirement System of the State of California. The purpose and intent of the contract amendments will be to provide any remaining accrued sick leave at the time of retirement from City service will be converted to retirement service credits at a ratio of each twenty-five (25) days of accrued sick leave being equal to one (1) month of retire- ment service. -5- ARTICLE 8. COMPENSATION TIME OFF Parties agree to recommend the City Council authorize employees to elect compensatory time off in lieu of salary compensation for holidays or overtime worked. Such election to be limited to the accrual of not more than eighty (80) hours of compensatory time off at any one time. The use of any combination of compensatory time off and annual vacation shall not exceed one hundred sixty (160) hours at any one time during any fiscal year. In all cases the assignment of employees to holiday work or overtime work as well as final approval of requests for compen- sation time off shall be the sole responsibility of the Chief of Police. ARTICLE 9. PUBLIC EMPLOYEES' RETIREMENT SYSTEM Parties agree to recommend City Council authorize the amendment of the existing contract between the City and the Public Employees' Retirement System to include the following changes, a. Inclusion of the provisions of Section 21380-7 of the California Government Code, the 1959 Survivors9 Benefit, in the contract effective July 1, 1980. b. Inclusion of the provisions of Section 21252-01 of the California Government Code, the 2% at age 50 retirement, in the contract effective June 30, 1982. ARTICLE 10. HEALTH AND MEDICAL INSURANCE The City agrees to amend its present health and medical insurance plan as shown on Attachment A. The parties agree to recommend the City Council authorize the payment of a sum of fifty dollars ($50.00) per month effective October 1, 1979, and sixty dollars ($60.00) per month effective October 1, 1980, and seventy dollars ($70.00) per month effective October 1, 1981, to pay the cost of employee health and medical insurance premiums. All or any of the amounts which is in excess of the cost of the employee's health and medical care insurance premium may be designated by the employee for the following. a. Applied to defray the cost of health and medical insurance provided by the City's carrier for the employee's dependent/s, b. Applied to defray the cost of a dental care plan provided by the City's carrier for the employee and/or the employee's dependent/s. c. Applied to defray the cost of an optical care plan provided by the City's carrier for the employee and/or the employee's dependent/s. ARTICLE 11. 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 -6- hereby superseded or terminated in their entirety, 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 changes it shall notify CPOA indicating the proposed change prior to its implementation, If CPOA wished 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 shall not extend beyond the period of the emergency. "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change. C. D. E, F, Failure by CPOA to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the Cityo Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unquali- fiedly 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. ARTICLE 12. AUTHORIZED AGENTS For the purpose of administeringthe 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, -7- Carlsbad, California 92008; Telephone: (714) 729-1181), except where a particular City representative is specifically designated in connection with 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 13. 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, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdic- tion, 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. -v City Attorney City Manager 7 9' CPOA Base Benefits - 0 Hospital Room 61 Board-120 days Other Rcspital Services Surgical Expens e Xedical Charges Diagaostic X-Kay & Lab Accident Rider Maximum Deduct ib 1. e .2 Pa&:ily Maximwn Go-Insurance RVS 1964 at :Ana es th et i s t Room & Board Intensive Care Unit Hatcrnity (As any cther illness) Rates - (does not include AD&D) Empl oyee Only Dependents Only . Present ATTACHMENT A $50.00 $1230.00 $1200-$10 Per $100.00 Sl408-$7.00 KVS Vis it $500. OC! $250,000.C0 $5-00.00 Yes 80% $2509.00 (100% thereafter) $14.00 . . $17.00 $105.00 3 Times Included $23.00 $45.35 Proposed _. $85 .OO - $1250 .oa $1200-$10 Per $100.00 $140@--$7 .OG RVS Visit $500.00 $1,ooc,Goo.oo $100.00 Yes . 80% $250Q.Q0 (IC02 thercafterj $18 .OO $20.00 Included $1.40. GO 3 Tbes $27.50 $57.35