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HomeMy WebLinkAbout1990-08-07; City Council; Resolution 90-265I I ja * 1 2 3 4 5 6 7 a 9 10 RESOLUTION NO. 90-265 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’ ASSOClATION AND ADOPT THE SALARY PLAN FOR EMPLOYEES REPRESENTED BY CARLSBAD POLICE OFFICERS ASSOCIATION FOR FISCAL YEAR 1990-91 WHEREAS, representatives of management and the Carlsbad Police Officers’ Association have been conducting negotiations pursuant to the Meyers-Millias-Brown Act, regarding wages and other terms and conditions oj 11 I1 LA // employment for the period June 25, 1990, through June 22, 1992; and 12 13 ll WHEREAS, said representatives have reached agreement which they 14 15 16 17 18 19 \i 20 21 22 23 24 25 26 27 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; and WHEREAS, the Memorandum of Understanding calls for certain salary adjustments and it is now appropriate for the City Council to implement said adjustments by amending the salary plan. 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 28 I/ m w 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 Police Officers' Association and representatives is hereby accepted, and marked as Exhibit A. 3. That the Classification and Salary Range Schedules for Police Safet Personnel for the Fiscal Year of 1988-89 as set out in Exhibit B, attached hereto and made a part of hereof, and hereby adopted. 4. The $333,127 is hereby appropriated from the contingency fund tc the Police Department salary and benefit accounts to implement the salary adjustments beginning June 25, 1990. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on 7 day of August, 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin and Mamaux NOES: None ABSENT: Council Members Pettine and Larson ATTEST: (SEAL) 1 'I Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article m W MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS ASSOCIATION Term: June 25, 1990 - June 22, 1992 - Preamble 1 Implementation 2 Terms and Renegotiation 3 Retention of Benefits 4 Authorized Agents 5 Recognit ion 6 Savings Clause 7 Nondiscrimination 8 Compensation Adjustments 9 Management Rights 10 Grievance Procedure 11 Stand-by Time Pay 12 Bilingual Pay 13 Basic Work WeeklWork Day 14 Court Pay 15 Sick Leave 16 Association Rights 17 Overtime Pay 18 Call Back Pay 19 Seniority 20 Legal Representation 21 Peaceful Performance of City Service 22 Discipline of an Employee 23 Probationary Period 24 Retirement Benefits 25 Health Insurance 26 Uniform Reimbursement 27 Education Incentive 28 Field Training Officer 29 Vehicles for Investigations 30 Long Term Disability 31 Pregnancy Disability Leave 32 Disability Retirement 33 Vacation 34 Holidays EXHIBIT A -. " Page 1 Page 1 Page 1 Page 1 Page 2 Page 2 Page 2 Page 2 Page 3 - 4 Page 4 Page 4 - I Page 8 Page 9 Page 9 Page 9 Page 10- Page 13- Page 1 5 Page 1 5 Page 15- Page 1 6 Page 1 6 Page 17- Page 1 8 Page 1 9 Page 19- Page 2 0- Page 21 - Page 2 5 Page 2 5 Page 2 5 Page 2 6 Page 2 6 Page. 2 6 Page 2 6- 0 w YALLILUII z1 1 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 designatc representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "CPOA). PRFAMBE 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 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 thi Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. IMPLEMFNTATION 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 tha 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. ARTICU. TERM AND RENEGOTIATIO~ 2.1 The term of this Memorandum of Understanding shall commence on June 25, 1990 and shall continue until June 22, 1992. 2.2 Negotiations for a successor Memorandum of Understanding shall begin by the exchange of written proposals on or before March 1, 1992. ARTICLU. PFTENTION OF BFNFFITS Existing benefits contained in this Memorandum of Understanding shall not be changed during the term of this agreement without the mutual consent of the parties hereto. Existing benefits not set forth in this Memorandum which fall within the scope of representation shall not be changed by the City without advance notice and an opportunity to meet and confer regarding sucl change. The parties recognize and accept the concept of past practices as to matters within the scope of representation and agree to meet and confer regarding a proposed change in any such practices. The City shall not propose any such changes unless required to do so for operational or organizational reasons. I a w 2 ARTlCLE. - For the purpose of administering the terms and provisions of this Memorandum of Understanding: 4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (619) 434-2821) except where a particular representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 CPOAs principal authorized agent shall be its President or duly authorized representative (Address: P.O. Box 1392, Carlsbad, California 92008; Telephone (61 9) 931-2144) and Law Offices of Silver, Goldwasser & Shaeffer, (1428 Second Street Santa Monica, California 90401; Telephone (21 3) 393-1486). ARTlCl F 5. PFCOGNITION The City recognizes CPOA as the majority representation of the bargaining unit that includes thc classifications of Police Recruit, Police Officer, Senior Police Officer, Police Sergeant, Communications Operator I, Communications Operator II, Communications Shift Supervisor anc Communications and Records Supervisor. ARTICLE 8. SAVINGS CLAUSE 6.1 If any articles of this Memorandum of Understanding 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 of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. 6.2 In the event of invalidation of any article or section, the extinguished benefit shall be replaced by a substitute benefit of comparable value. The City and the Associatior; shall meet within thirty (30) days following the invalidation for the purpose of determining the specific nature and form of the replacement benefit. ARTICLE 7. J4ON~lSCRIMINATION CI AUSE 7.1 As a result of this Memorandum of Understanding, no person shall in any way be favored or discriminated against, by either the City or the Association, to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age or sex or physical handicap. 0 w c2 3 7.2 Neither City nor Association shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum of Understanding because of exercise of rights to engage or not engage in Association activity or because of the exercise of any right provided to the employees by this Memorandum of Understanding. ARTICI F 8. COMPFNSATION AnJUSTMFNT$ 8.1 Effective June 25, 1990, the base salary of each employee in each classification represented by the CPOA shall be increased by a general wage increase of five percent (5%) and a special equity adjustment of three and one quarter percent (3 1/4O/o) to be applied simultaneously. 8.2 For the purpose of determining the salary increase effective June 24, 1991, the parties shall conduct a survey of salaries in the cities of Chula Vista, Coronado, Escondido, El Cajon, La Mesa, National City, Oceanside, San Diego and the County of San Diego (Sheriff's Office), subject to the following conditions:, 8.2.1 The survey will be conducted during the month of September, 1991, and shall be completed on or before September 30, 1991. 8.2.2 The survey will be conducted jointly. 8.2.3 The survey will determine the top merit step salary in the above jurisdictions for the classifications of police officer, except that, in the City of Oceanside, the parties shall utilize the top merit salary stel for the position of Senior Police Officer in a manner consistent with the approach taken in ascertaining salary increases for employees respresented by CPOA effective July 1, 1989. 8.2.4 If any of the above agencies has not concluded its negotiation process b) September 1, 1991, and has not set salary rates for the ensuing fiscal year, then that agency shall be excluded from the survey. 8.2.5 The City of Carlsbad shall not be included in the survey or in any of the averaging discussed below. 8.3 Once the above survey has been conducted, salary adjustments will be made based on the following provisions: 8.3.1 The salary schedule of the classification of Police Officer shall be adjusted so that the top salary step shall be an amount equal to three and one half percent (3.5%) above the average of the top merit steps of the corresponding classification in the survey conducted pursuant to section 8.2. Following that adjustment all other steps for the classification of Police Officer and all other classifications covered by this Memorandum of Understanding shall be adjusted in a like manner so as to maintain the prior percentage differential between them and the top salary step of the classification of Police Officer. Consequently, a w 4 as a result of these adjustments, each employee represented by CPOA shall receive an identical percentage increase to that received by employees occupying the top salary step in the classification of Policc Officer. 8.3.2 In no event shall any employee suffer a decrease in salary on account ( application of the survey formula set forth herein. 8.3.3 In the event that the salary adjustments are less than one percent (1%) of salary when the survey formula is applied hereunder, the City shall not be under any obligation to adjust salary. 8.4 The above described survey and adjustment process shall be utilized based upon salaries in effect on September 1 , 1991, with adjustments to be effective retroactive to June 24, 1991. This process shall be completed on or before September 30, 1991, and any retroactive payments shall be made on or before tha date. 8.5 Employees shall be paid at the Police facility in the customary bi-weekly schedule. Paychecks may not be withheld except for just cause. ARTICLE 9. MANAGEMFNT'S RIGHTS The rights of the City including but not limited to the exclusive right to determine mission of it$ constituent departments, commissions, and boards; set standards of service; determine procedures and standards of selection for employment and promotion; direct its employees, 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 organizations; maintain the efficiency of government operations; determine the methods, means, and personne by which government operations are to be conducted; determine the contents of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and technology of performing its work. In exercising these rights, the City shall comply with all applicable provisions of this Memorandum of Understanding. Nothing herein shall require the City to meet and confer over its exercise of rights hereunder. ARTICLE 1 Q. GRIFVANCF PROCEDURE 10.1 Puma. The purpose and objectives of the Grievance Procedure of the City of Carlsbad are: 10.1.1 To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 10.1.2 To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. 1 I a W 5 10.1.3 To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to hand1 grievances throughout the several supervisory levels wheie necessary. 10.1.4 To provide that appeals shall be conducted as informally as possible. 10.1.5 To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances ar future similar complaints. 10.1.6 This grievance procedure is applicable to all employee classifications represented by the CPOA in the Police Department of the City of Carlsbad. 10.2 Definitions. For the purpose of this grievance procedure the following definitions shall apply: 10.2.1 Civ Man-: The City Manager. 10.2.2 Assistant Citv Man-: An Assistant City Manager. 10.2.3 Department: An office, department or institution of the City. 10.2.4 Dartment Head or Head of a Department: The chief executive officer of a department. 10.2.5 Personnel Officer: The Personnel Officer or his authorized representative. 10.2.6 Emplovee or Citv Emplovee: Any officer or employee of the City, except an elected official. 10.2.7 Fmplovee Representative: An individual who appears on behalf of the employee. 10.2.8 Grievance: A complaint of an employee or a group of employees arisin! out of an application or interpretation of existing rules, regulations o policies which come under the control of a Department Head. 10.2.9 Jmmediate Supervisoc: The individual who assigns, reviews or direct5 the work of an employee. 10.2.1 0 Interested Partv: An individual having pertinent and/or immediate knowledge of the circumstances out of which the grievance arose. 10.2.1 1 mervisoc: The individual to whom an immediate supervisor reports. ..I w 6 10.3 Reviewable and Non-Reviewable Grievances 10.3.1 To be reviewable under this procedure a grievance must: ( a) Concern matters or incidents that have occurred. ( b ) Result from an act or omission by management regarding working conditions or other aspects of employer-employee relations over which the head of the department has control. (c) Arise out of a specific situation, act or acts considered as being unfair which result in inequity or damage to the employee. (d ) Arise out of an interpretation and application of Personnel System Rules and Regulations. 10.3.2 A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a policy established by City Council or by law; ( b) Is reviewable under some other administrative procedure . and/or rules of the City of Carlsbad (See, e.g., Article 25 hereunder), such as: ( 1 ) Applications for changes in title, job classification or salary. ( 2 ) Appeals from formal disciplinary proceeding. ( 3 ) Appeals from work performance evaluations. 10.4 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 10.4.1 Procedure for Presentation: In presenting his grievance the employee shall follow the sequence and the procedure outlined in Section 5 of thi! procedure. 10.4.2 Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (when grievant knew or should have known) the act or omission of management caused the grievance. 10.4.3 Prescribed Forq: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. m w 7 10.4.4 ement of Grievance: The grievance shall contain a statement of: 10.4.5 10.4.6 10.4.7 10.4.8 10.4.9 10.4.10 10.4.1 1 10.5 (a) The specific situation, act or acts considered to be unfair. ( b ) The inequity or damage suffered by the employee. (c) The relief sought. Emplovee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless he so desires. Jnterested Parties: There shall be no limit placed upon the number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. Handled Durina Workina Hours: Whenever possible, grievances will be handled during the regularly scheduled working hours of the partie involved. Extension of Tim: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. Settlement: Any grievance shall be considered settled at the completiol of any step if the grievant is satisfied or if the grievant does not present the matter to a higher authority within the prescribed time. Pepria: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal by the supervisor, superintendent, or department head, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Personnel Department. Grievance Procedure SteDS: The following procedure shall be followed by an employee submitting a grievance for consideration and action. m w a 10.5.1 Discussion with Supervisor: The employee shall discuss his grievance with his immediate supervisor informally. Within seven (7) calenda days, the supervisor shall give a decision to the employee verbally. 10.5.2 $tep 1: If the employee and supervisor cannot reach an agreement as tc a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to his supervisor who shall endorse his comments thereon and present it to his supervisor within seven (7) calendar days. The supervisor shall hear the grievance and shall give a written decision to the employee within seven (7) calendar days after receiving the grievance. 10.5.3 -2: If the employee and supervisor cannot reach an agreement as tc a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and shall give the writtel decision to the employee within seven (7) calendar days after receiving the grievance. 10.5.4 Step 3: If the employee and department head cannot reach an agreemer as to the solution of the grievance, the employee within seven (7) calendar days may present his grievance in writing to the Personnel Board. A copy of said grievance shall also be presented to the Assistant City Manager who may conduct a meeting with the grievant and/or CPOA representatives to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Personnel Board. 10.5.5 Step 4: If the matter is not otherwise resolved, the Personnel Board shall, within thirty (30) calendar days after receipt of the appeal, hear the appeal and render an advisory opinion to the City Manager. The City Manager shall, within fourteen (14) calendar days advise the employee of the final action. ARTICLE 11. STAND-RY TlMF PAY Due to staff limitations, it may be necessary for the Chief of Police to schedule employees to be on stand-by, to handle overtime work which may arise during other than normal working hours. Stand-by is defined as time in which an employee is required, by the Chief of Police or designee, to remain at his/her residence or be at a place where said employee can be reached by phone and be within thirty minutes response capability so that he/she may immediately responc to any calls received. An employee will be compensated for stand-by time at the rate of Twenty Dollars ($20.00) per 24 hours or fraction thereof. Employees on stand-by, called to perform work, will be compensated for all actual hours worked in accordance with overtime and call- back rules. 0 w 9 ARTlCLE. Pll NGUAL PAY ' Any employee annually certified, as the Chief of Police may direct, as a qualified translator- interpreter of the Spanish language shall receive forty dollars ($40) per pay period. ARTICLE 13. & 13.1 The official work week shall begin on each Sunday at 11 :01 p.m. and shall end on Sunday of the following week at 11 :00 p.m. Except as may be otherwise provided, a employee who occupies a full-time permanent position shall work forty (40) hour: in each week including meals and rest breaks. 13.2 Employees working a five day 40 hour week (designated 5/8) shall work eight hours per day for five days in any work week and shall receive two consecutive day: off within that work week. 13.3 In accordance with existing practice all full-time shift employees shall be given tw (2) fifteen-minute rest periods and a one-half hour lunch break per shift without loss of pay. ARTICL F 14. COURT PAY 14.1 Off-duty personnel who appear in court pursuant to an official request from a legally constituted body regarding matters arising out of, or associated with, their employment shall be compensated at the overtime pay rate, with the following minimum hour guarantees. Four (4) hours - Appearances in San Diego area courts. Appearances in North County courts by personnel while regularly scheduled to work graveyard shift. Three (3) hours - Appearances in North County courts. 14.2 These minimum hour guarantees shall not apply if the court appearance 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 spent in court beyond the regularly scheduled work shift. 14.3 When personnel are required to appear in San Diego area courts, 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. 14.4 When available, Carlsbad Police Department vehicles shall be used for employee transportation. If not available, 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 2/2/83, including any subsequent changes to this policy. a 0 10 AEcuw35.- 15.1 Sick leave with pay shall be granted to all probationary and permanent employees within the merit system at the rate of one work day for each calendar month of service. Any such leave accrued but unused in any year shall be cumulative for succeeding years. 15.2 Sick leave shall be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. Any abuse of sick leave is cause for disciplinary action by the appointin! power. Employees eligible for sick leave shall be granted such leave when they are incapacitate for performance of their duties by sickness, injury or for medical, dental or optical examination or treatment, or when a member of the immediate family of the employee is afflicted with an illness and requires the care and attendance of the employee, or when, through exposure to contagious disease, the presence of the employee at his post of duty would jeopardize the health of others. 15.3 The term "contagious disease" means disease or illness subject to quarantine or required isolation or restriction of movement of the patient for a particular period in accordance with regulations prescribed by the local health authorities having jurisdiction. If no definite time period is specified by the regulations, the period shall be determined by the attending physician. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 15.4 An employee who is absent on account of sickness must notify his supervisor as early as practicable on the first day of such absence, or as soon thereafter as possible. Requests for sick leave or medical, dental or optical examinations must bc approved in advance by the supervisor. Any grant of sick leave in excess of three (3) consecutive work days must be supported by a medical certificate. When the period of absence is for three (3) consecutive work days or less, the Personnel Officer shall accept the employee's certification as to the reason for absence. Nothing herein shall preclude the City from taking appropriate action in the event c abuse of sick leave. 15.5 Written applications for sick leave must be filed with the supervisor within the pa period in which the employee returns to duty. 0 0 :1 15.6 Any eligible employee who is absent from work by reason of attendance upon members of the employee's or spouse's immediate family whose illness requires the care of such employee, or a death in the immediate family of the employee, or employee's spouse's family shall be allowed to use sick leave. Immediate family shall include husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, stepparent, or any person serving as a parent, or who has served as a parent, grandmother, grandfather, or any other person living in the same household as the employee or the employee's spouse's immediate family. In thl case of death of an employee's or employee's spouse's immediate family, an employel shall be allowed up to a maximum of five (5) working days off, except the City may under extreme circumstances, grant additional time off, which shall be considered as sick leave. 15.7 An employee who is required to take a physical examination in connection with induction or enlistment in the Armed Forces is not charged leave for the time necessary to complete the examination. Members of the military reserve who are recalled to active duty are placed on pay status with the branch of the Armed Forces for the time required to take the physical examination and, therefore, must be charged leave or leave without pay for that purpose. Employees making a donation c blood without charge will be given reasonable time off for that purpose. No charge will be made against annual or sick leave when such absence is approved in advance by the supervisor. Sick leave entitlement to medical and dental calls during workin hours shall be authorized. For the purposes of computing sick leave, employment shall be considered to have commenced on the first day of the first full calendar month of employment. Holidays occurring during sick leave shall not be counted as sick leave. Sick leave shall not be taken as vacation time, nor compensated for in cash at any time, except as defined in this article. 15.8 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 Section 4850 of the Labor Code (hereinafter "4850 benefits"). The City Manager may authorize the use of sick leave after 4850 benefits are exhausted for job-related illness or injury if helshe determines that: 15.8.1 The injury is not permanent and stationary. 15.8.2 The use of sick leave will not extend the effective date of the employee': retirement. 15.8.3 The employee is physically unable to work and there is a reasonable probability he/she may return to work. 0 0 12 15.9 Allowance for Occupational Sick Leave. Leave with pay for injuries sustained in the line of duty shall be granted as follows: 15.9.1 A non-sworn employee absent because of injury received in the line 0' duty is charged either sick or annual leave if the period of incapacitation exceeds ninety (90) calendar days and receives no credit for either annual or sick leave for the period of incapacitation that exceeds ninety (90) calendar days. The City will supply the difference between the allowance granted by the insurance and the amount the employee would ordinarily receive for the period of incapacitation not to exceed ninety (90) calendar days. Thereafter during such absence he/she may elect to apply prorated accrued sick or annual leave to such absence and to receive compensation therefore in the amount equal to the difference between the compensation to which he is entitled under the Workers' Compensation Act and his regular pay, not to exceed the amount of his earned sick or annual leave. In figuring the benefits paid by insurance, wage benefits alone shall be considered and medical and hospital benefits shall be excluded. 15.9.2 A local safety member shall be entitled to the benefits of Section 4850 of the Labor Code. Upon expiration of the one year contemplated by Section 4850, if the member has not been retired, the City Manager shall determine the member's eligibility for using sick leave, vacatior or other leave, as provided by Section 15.8 hereof. Except as expressly approved under this article, a local safety member shall no1 be entitled to such leave in lieu of or in addition to the leave of absence with pay authorized by Section 4850, nor for any job related injury or other occurrence which entitles the employee to benefits under Section 4850. The City will supply the difference between the allowance granted by the insurance and the amount the employee woulc ordinarily receive for the period of incapacitation not to exceed one full calendar year under Section 4850. 15.1 0 Sick Leave Conversion. Any permanent employee who has accrued and maintains a minimum of one hundred sixty (160) hours of sick leave shall be permitted to convert up to fifteen (15) days of accumulated uncompensated sick leave to vacation at a ratio of three (3) sick days per one (1) day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. 15.1 1 Any permanent employee applying for retirement with the Public Employee's Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty- five (25) days of accrued sick leave to one month of extended service. 0 0 - 13 ARTlClf. ASSOCIATION RIGHTS 16.1 The City recognizes the right of the Association to govern its internal affairs. 16.2 The parties to this Memorandum of Understanding fully support the concept of the Public Safety Officers' Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code, attached hereto as Exhibit A. 16.3 Upon the receipt of a written request and authorization from an employee for deduction of Association dues and other lawfully permitted deductions, the City shall withhold such dues and deductions from the salary of the employee and remit the withholdings to the Association. The City shall continue to withhold such deductions unles: the employee files a statement with the City withdrawing authorizatior for the continued withholding of the deductions during the month of March of any year covered by the term of this Memorandum of Understanding. The effective date of withholding, time of remitting withholdings to the Association, and all procedural matters shall be determined in accordance with the Rules and Regulations of the City. 16.4 The Association shall provide and maintain with the City a current list of the names and all authorized representatives of the Association. An authorized representative shall not enter any work location without the consent of the chief of Police or his designee or the City Manager o his designee. The Chief of Police or his designee shall have the right to make arrangements for a contact location removed from the work area of the employee. 16.5 The Association shall be allowed to designate employee representatives to assist employees in: 16.5.1 Preparing and processing grievances; 16.5.2 Preparing and presenting material for Disciplinary Appeals hearings; 16.5.3 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. 16.6 The Association may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or a a 14 present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend Personnel Board or City Council hearings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. 16.7 Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer-employee relations. 16.8 Designated employee representatives requesting time off under this Article shall direct such request to hidher immediate supervisor in writing within a reasonable time period to the date requested, in ordel to assure that the Department meets it staff needs and to assure sufficient coverage of departmental assignments. 16.9 The City will continue to furnish the bulletin board space in the Police Department for the exclusive use of the Association. Material placed o said bulletin boards shall be at the discretion of the Association and shall be removed by management only in the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to an Association representative. The Association shall be responsible for maintaining bulletin boards exclusively used by the Association in an orderly condition and shall promptly remove outdated materials. 16.10 use of City Facilities 16.1 0.1 The Association may, with the prior approval of the City Manager, be granted the use of the City facilities for off-duty meetings of the Policc Department employees provided space is available. All such requests will be in writing to the City Manager. 1 6.1 0.2 The Association may, with the prior approval of the Chief of Police, be granted the use of Police facilities for off-duty meetings of the Police Department employees, provided space is available. All such requests will be in writing to the Chief of Police. In the event the Chief of Police denies use of Police Department facilities, an appeal can be mad( to the City Manager. 1 6.1 0.3 The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, ash trays and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding. m e 15 ARTlCLE. QVFRT" PAY Each employee covered by this agreement shall be entitled to overtime compensation at the premium rate of one and one half (1 112) times the employee's iegular rate of pay for all time worked, or regarded as having been worked because of authorized leaves of absence, in excess of the employee's regularly scheduled work day and /or in excess of forty (40) hours per week. Each employee shall have the option ot receiving compensatory time off at the premium rate in lieu of cash, subject to a maximum accumulation of eighty (80) hours of compensatory time off. While an employee has accumulated the maximum number of hours of compensatory time off, he/she shall receive all overtime compensation in cash until such time as the compensatory time off bank is no longer at the maximum accural rate. ARTICLE 18. CALL BACK PAY If an employee is required to return to his/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 17, for the actual number of hours worked on that occasion, subject to the following minimum guarantees: (a) If the "call back" was scheduled in advance, such as for training or firearms qualification, the employee shall receive a minimum of two hours of appropriate overtime compensation. (b) If the "call back" was not scheduled in advance, the employee shall receive a minimum of three hours of appropriate overtime compensation. 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. This Article shall apply to all situations where an Investigator receives a telephone call that is authorized by the Watch Commander at a time when the Investigator is of duty. On those occassions, whenever the Investigator is called, he/she shall be requested to report for duty and, upon so reporting, shall be entitled to the compensation described above. ARTlCLE. SFNIORIV 19.1 The seniority of an employee shall be based upon the number of calendar months of continuous service in the Carlsbad Police Department. An employee who is dismissed for cause shall lose all seniority credited to him/her prior thereto, and subsequent re- employment of the employee shall not restore the seniority so lost. Any employee laid off after acquiring permanent status shall, after reinstatement, regain the seniority credit he/she possessed at the time of layoff if said employment is within twenty-four (24) months. e * 16 19.2 Leaves of absence in excess of thirty (30) continuous days shall not bt credited to continuous service. ARTICU. LEGAL REPRESENTATION 20.1 Upon request of an employee and subject to any limitations provided b law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the City in a court of competent jurisdiction, on account of any ac or omission occurring within the course and scope of his employment as an employee of the City. 20.2 Nothing herein shall be deemed to require the provision of such defens where the discretion to provide or not provide such defense is vested i the City pursuant to the provision of the California Government Code, or where the act or omission was not within the scope of the employee employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employee. 20.3. Nothing herein shall be construed to grant to any employee any right c privilege in addition to those provided in the said Government Code. ARTlCLE. PFACEFr 11 PFRFORMANCE OF CITY SERVICES 21.1 During the term of the agreement, the CPOA, 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. 21.2 During the term of this Agreement, the City will not instigate a lockou over a dispute with the employees. 21.3 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. *I I 0 0 17 llEwx22.e 22.1 The City may only discipline permanent 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 City Manager or designee either orally om in writing within seven (7) calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline. 22.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline according to the appeal procedure as set out hereafter. Written notice of discipline shall inform and remind the disciplined employee of this right. 22.3 Once discipline has been imposed, the Chief of Police or his designee shall specify the period of time, from one to four years, that said discipline will remain in the affected employee's personnel records. A the end of said 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 such disciplinary action shall be in a later disciplinary proceeding where there is an allegation of similar or cumulative activity or misconduct. 22.4 Nothing herein 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 thc Personnel Board, but shall be entitled to an administrative appeal under Section 3304(b) of the Government Code. Such administrative appeal shall consist of the procedure described in Section 22.1 hereof. 22.5 Piaht of Appd. Any employee in the competitive service shall, within seven (7) calendar days, have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the Personnel ordinance, except in instances where the right of appeal is specifically prohibited by the Personnel ordinance or this Article. 22.6 Method of ApRd. Appeals shall be in writing, subscribed by the appellant, and filed with the Personnel Officer, who shall, within ten (10) calendar days after receipt of the appeal, inform each member of the action desired by the appellant, with his reasons therefore. The formality of a legal pleading is not required. ’I I 0 0 18 22.7 J’dotice. Upon the filing of an appeal, the Personnel Officer shall set a date for the hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days from the date of filing unless the parties mutually agree to a later hearing date. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing at such places as the Personnel Board shall prescribe. 22.8 yearinas. The appellant shall appear personally unless physically unable to do so, before the Personnel Board at the time and place of the hearings. He may be represented by any person or attorney as he may select and may at the hearing produce on his behalf relevant ora\ or documentary evidence. The City shall state its case first and, at the conclusion, appellant may then present evidence. Rebuttal matter not repetitive may be allowed in the discretion of the Personnel Board. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its chairman, 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 shall be closed unless the appellant, in writing, requests and open hearing. 22.9 Findinas and Recommendations. The Personnel Board shall, within ten (10) calendar days after the conclusion of the hearing, certify its findings and decisions in writing to the City Council and to the appellant. The City Council shall review the findings and recommendations of the Personnel Board and may then affirm, revoke or modify the action taken as, on its judgement, seems warranted, and the action taken shall be final. Any member of the Personnel Board may submit a minority or supplemental finding and recommendation. In cause of suspension, discharge or demotion the appointing power shall reinstate any employee to his former status if proof is made that the action was for discriminatory reasons. ARTICLE. PROBATIONARY PERIOD 23.1 For sworn personnel, the entry level probationary period shall be one year from the date the employee is sworn as an officer. For non-sworn personnel, the entry level probationary period shall be one year from the date of hire. The probationary period will permit both the supervisor and the employee to become acquainted and to determine and the adaptability and the fitness of the employee of the assigned work. The employee will find this period helpful in evaluation of the City, his duties, his work and other satisfaction. 23.2 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. SI. 0 0 19 ARTlCLE. RFTIRFMFNT BENEFITS 24.1 The City agrees to continue to pay the employer's contribution rate required by the Public Employee's Retirement system to maintain the current level of benefits for employees covered by this Memorandum of Understanding during the term of this Memorandum ofunderstanding. 24.2 The City will continue to pay on behalf of all sworn represented safety employees the nine percent (9%) employee's retirement contribution to PERS. 24.3 The City will continue to pay on behalf of all represented miscellaneoum employees the seven percent (7%) employee's retirement contribution to PERS. ARTICLE 25. HEALTH INSURANCF 25.1 During the entire term of this agreement, the City will pay on behalf oi all employees covered by this agreement and their eligible dependents and those retirees designated in Section 25.3, the sum of sixteen dollars ($16.00) per month for health insurance through the Public Employees Retirment System (PERS). This amount is mandatory regardless of whether the employee chooses to be covered by a health insurance plan. Effective June 25, 1990, the City shall also contribute the following monthly amounts towards payment of premiums for vision, dental and other insurance under the PERS plan for active employees and eligible dependents: (a) For employees with "employee only" coverage, the sixteen dollars ($1 6.00) described above and an additional sum equal to one hundred percent (lOOoA) of the actual premium less sixteen dollars ($16.00), but not to exceed one hundred fifty-two dollars ($152.00) per month. If the actual total premiums exceed the aggregate of sixteen dollars ($1 6.00) and one hundred fifty-two dollars ($152.00), the employee will pay the difference. (b) For employees with "employee plus one dependent" coverage, the sixteen dollars ($16.00) described above and an additional sum equal to one hundred percent (100%) of the actual premium less sixteen dollars ($16.00), but not to exceed two hundred sixty-nine dollars ($269.00)per month. If the actual total premiums exceed the aggregate of sixteen dollars ($16.00) and two hundred sixty-nine dollars ($269.00), the employee will pay the difference. (c) For employees with "employee plus two or more dependents" coverage, the sixteen dollars ($16.00) described above and an *I I 0 0 20 additional sum equal to one hundred percent (100%) of the actual premium less sixteen dollars ($16.00), but not to exceed three hundred seventy-four dollars ($374.00) per month. If the actual total premiums exceed the aggregate of sixteen dollars ($16.00) and three hundred seventy-four dollars ($374.00), the employee will pal the difference. 25.2 Effective June 24, 1991 the City shall contibute the following monthly amounts on behalf of each active employee and eligible dependents towards the payment of premiums under that program: (a) For employees with "employee only" coverage, the sixteen dollars ($16.00) described above and an additional sum equal to one hundred percent (100%) of the actual premium less sixteen dollars ($16.00), but not to exceed one hundred sixty-nine dollars ($169.00) per month. If the actual total premiums exceed the aggregate of sixteen dollars ($16.00) and one hundred sixty-nine dollars ($169.00), the employee will pay the difference. (b) For employees with "employee plus one dependent" coverage, the sixteen dollars ($16.00) described above and an additional sum equal to one hundred percent (100%) of the actual premium less sixteen dollars ($16.00), but not to exceed two hundred ninety-eight dollars ($298.00)per month. If the actual total premiums exceed the aggregate of sixteen dollars ($16.00) and two hundred ninety-eight dollars ($298.00), the employee will pay the difference. (c) For employees with "employee plus two or more dependents" coverage, the sixteen dollars ($1 6.00) described above and an additional sum equal to one hundred percent (100%) of the actual premium less sixteen dollars ($16.00), but not to exceed four hundred thirteen dollars ($413.00) per month. If the actual total premiums exceed the aggregate of sixteen dollars ($16.00) and four hundred thirteen dollars ($413.00), the employee will pay the difference. 25.3 The City shall continue to contribute the monthly sum of sixteen dollars ($16.00) for each retired employee who was a member of this bargaining unit and who elects to participate in the PERS Health Insurance Plan by filing with the City a written request to participate ARTICLE a. UNIFORM REIMBURSEMENT 26.1 For the period June 25, 1990 to June 23, 1991, reimbursement to represented employees for the cost of purchasing and maintenance 1 I. ' e a 91 LI required, uniforms shall be $475 per year. The method and date of payment shall continue unchanged. 26.2 From June 24, 1991 continuing for the term of this agreement, reimbursement to represented employees for the cost of purchasing and maintenance of required uniforms shall be $500.00 per year. 26.3 It is expressly understood and agreed that payments hereunder constitute reimbursement for expenses actually incurred by represented employees wearing and maintaining the uniforms they are requested to wear and/or maintain. ARTICLE 37. EDUCATION INCENTIVE 27.1 4. As of June 25,1990 The below described Educational Incentive Program shall be effective. 27.1.1 SteP 1: Applicable to all employees represented by the Carlsbad Police Officer's Association. (a) peauiremenk: Present proof to the Training Officer, Carlsbad Police Department, of the following: (1)Two years of consecutive service as a member of the Police Department of the City of Carlsbad. The two years of service must have been completed immediately prior to the time the application for Educational Incentive Compensation is submitted. and (2) A Certificate of Competency (Police Science) or proof of successful completion of 27 college semester units from an institution accredited by the Western Association of Schools and Colleges. The 27 units must be in job related subjects. In any case which does not clearly meet the above requirements, the Training Officer shall request permission from the Police Chief to convene a committee consisting of a representative of the City Manager, CPOA, and Police Chief to review and evaluate the case. If approved, the applicant will be authorized Step 1, Educational Incentive Compensation, in the same manner as other eligible employees. If petition is not approved, the applicant will be provided a written statement indicating what additional requirements must be met for eligibility for Step 1, Education incentive Compensation. (b) Compensatiory Satisfactory fulfillment of the above requirement shall be compensated at the rate of twenty-five dollars ($25) paid bi- weekly for twenty-six bi-weekly pay periods per fiscal year. I '8 , a 0 - 22 (c) on of Amlicabilitv; The additional compensation provisions of this step shall not be applicable to employees hired subsequent to June 25, 1990. 27.1.2 a: Applicable to Peace Officers represented: (a)Reauiremen&: Present evidence to the Training Officer, Carlsbad Police Department of the award of an Intermediate Certificate issued b) the State of California Commission on Peace Officers Standard and Training and Eligibility for Step 1, except for the two year service requirement set forth in section 27.1.1 .(a) (1). (b)Compensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of forty-five dollars ($45) paid bi- weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any previous Educational Incentive compensation payments which had been received. (c)Additional Compensation; Employees who satisfy the require- ments described above and who have successfully completed or taught three job-related college semester units or three POST training points in the preceding fiscal year shall receive compensation at the rate of sixty dollars ($60.00) paid bi- weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had been received, including those described above in subparagraph (b). In determining eligibility for this additional compensation, POST training points secured through training programs ordered and mandated by the Department, whether attended on or off duty, shall be counted. An employee who arranges to attend a school offering training points on city time but is later told by the department that he/she will not be allowed to attend, will not receive credit for those training points. 27.1.3 Step 2: Applicable only to non-sworn personnel represented. (a).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 ' I, ' a 0 23 Police Officer Association president. It is understood no certificate can be awarded to non-sworn personnel. (b)Compensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of forty-five dollars ($45) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of an) previous Educational Incentive Compensation payments which had been received. (c)Additional Compensation; Employees who satisfy the require- ments described above and who have successfully completed or taught three job-related college semester units or three POST training points in the preceding fiscal year shall receive compensation at the rate of sixty dollars ($60.00) paid bi- weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had been received, including those described above in subparagraph (b). In determining eligibility for this additional compensation, POST training points secured through training programs ordered and mandated by the Department, whether attended on or off duty, shall be counted. An employee who arranges to attend a school offering training points on city time but is later told by the department that he/she will not be allowed to attend, will not receive credit for those training points. 27.1.4 Step 3: Applicable to Peace Officers represented: (a)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, except for the two year service requirement set forth in section 27.1 .I .(a) (1). (b)Compensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty-five dollars ($65) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any previous Educational Incentive Compensation payments which had been received. (c)Additional Compensation; Employees who satisfy the requirt ments described above and who have successfully completed or taught three job-related college semester units or three POST training points in the preceding fiscal year shall receive compensation at the rate of ninety dollars ($90.00) paid bi- < $1 L a e 24 . weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had been received, including those described above in subparagraph (b). In determining eligibility for this additional compensation, POST training points secured through training programs ordered and mandated by the Department, whether attended on or off duty, shall be counted. An employee who arranges to attend a school offering training points on city time but is later told by the department that he/she will not be allowed to attend, will not receive credit for those training points. 27.1.5 Step 3: Applicable only to non-sworn personnel represented: (a)PequirementS: 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 President. It is understood no certificate can be awarded to non-sworn personnel. (b)Compensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty-five dollars ($65) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any previous Educational Incentive Compensation payments which had been received. (c)Additional Compensation; Employees who satisfy the require- ments described above and who have successfully completed or taught three job-related college semester units or three POST training points in the preceding fiscal year shall receive compensation at the rate of ninety dollars ($90.00) paid bi- weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had been received, including those described above in subparagraph (b). In determining eligibility for this additional compensation, POST training points secured through training programs ordered and mandated by the Department, whether attended on or off duty, shall be counted. Certification shall not be based solely on an employees ability or inability to attend schools offerring training points on City time. 27.1 .GProaram 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 c (I # 0 0 25 effectiveness and currency of the program. 27.1.7Procedure: 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, shal 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. Any dispute as to whether or not a particular course or program qualifies under this provision shall be resolved in accordance with the following procedure. The Chief of Police or his designee shall meet with an authorized representative of the Association to attempt to resolve the dispute. If their efforts are unsuccessful then the matter shall be resolved by the City's Human Resources Director. 27.1.8 It is understood that an eligible represented employee shall receive said incentive pay from the date of certification, notwithstanding any delay in notification that the employee has been certified. ARTlCl F 38. FIELD TRAINING OFFICER For any pay period in which a represented employee is assigned and acts as a field training officer, and actually performs field training officer activities, said employee shall be entitled to receive $25 additional salary for that pay period. ARTICLE 29. VEHICLFS FOR INVESTIGATIONS Each represented employee who is working in the assignment of detective, shall be assigned a designated vehicle and shall be entitled to use the vehicle each on duty shift; provided, however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to any detectives assigned in addition to the number assigned as of the date of this Memorandum. ARTlCl F 34. LONG TERM DISABILITY During the term of this Memorandum, City agrees to continue to provide long term disability insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other respects, said insurance shall continue unchanged. ' c, c 0 0 26 ARTlCl F 31. PRFGNANCY DlABlLlTY LEAVE The City agrees to provide up to four (4) months of unpaid leave for any employec who is disabled by pregnancy, as such disability is determined by competent medical evidence. The Department may elect to extend such unpaid leave beyond four (4) months, but such extension(s), if any, shall be in the sole discretion of the Deparment and the Department may take into consideration staffing and other needs of the Department, prior leaves by the requesting employee, the employee's vacation and sick leave balances and such other factors as the Department may deem appropriate. m. PISABILITY RETIREMENT If the disability retirement of an employee is contested, then the affected employee shall be entitled to an evidentiary hearing to determine whether such retirement shall be granted. Such a hearing shall be conducted by an Administrative Law Judge appointed by the California Office of Administrative Hearings. The Administrative Law Judge shall make findings and recommendations to the City Manager, who shall have the final determination as to the disability retirement. Nothing herein shall affect the jurisdiction of the Workers' Compensation Appeals Board to determine whether a disability is or is not industrial. An employee may waive hidher right to an evidentiary hearing. ARTICLE 35 VACATION 33.2 All eligible miscellaneous and uniformed police employees shall be entitled to a vacation according to the number of continuous full calendar years of employment based on the following scale: 1 through 5 full calendar years of continuous service 6 through 15 full calendar years of continuous service 16 and over full calendar years of continuous service 10 working days 15 working days 20 working days ARTICU. HOLIDAYS 34.1 The City agrees to observe eleven (11) scheduled paid holidays plus one (1) floating holiday per year. The floating holiday to be taken at the discretion of the individual employee with the approval of the Department Head. The holiday schedule shall not interfere with, influence or otherwise change the scheduling of shift employees by the Department. .) 1, I 0 0 37 LI 34.2 The holiday schedule for the term of this agreement is as follows: 1990 199L Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Thanksgiving Friday Christmas Day New Years Day Lincoln's Birthday Washington's Birthday Memorial Day Wed., 7-4 Mon., 9-3 Mon., Oct. 8 Mon., Nov. 12 Thurs., Nov. 22 Fri., Nov. 23 Tues., Dec. 25 1991 Tues., Jan. 1 Tues., Feb. 12 Mon., Feb. 18 Mon. May 27 Thurs. July 4 Mon., Sept. 2 Fri., Oct. 7 Fri. Nov., 11 Thurs., Nov. : Fri. , Nov. 29 Wed., Dec. 25 1992 Wed., Jan. 1 Mon. , Feb. IC Mon., Feb. 17 Mon., May 25 34.3 Members of the Police Department who are required to work a normal hour day (8:OO a.m. to 5:OO p.m., Monday through Friday) shall recei\ holiday overtime at the rate of one and one-half times the employee's I hourly rate of pay for each of the twelve scheduled holidays worked in hour work week, and having worked a minimum of six of the twelve sch holidays in any calendar year shall receive holiday overtime pay for tv holidays. Payment shall be made during the pay period wherein the oc is worked and during the final month of the fiscal year because of fulfi of the "minimum of six" requirement. e ,, 7 0 0 28 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding to be effective as s herein. CITY OF CARLSBAD CARLSBAD POUCE OFFICERS ASSOCIATION (CITY) (CPOA) 740/+-0 W APPROVED AS TO FORM &A$ City Attorney \ .. 'a. e * EXHIBIT 8 POLiCE DEPARTMENT SALARY SCHEDULE JUNE 25, 1990. l" I 20 22 23 28 36 38 40 42 A B 991.07 1039.59 1039.59 1092.52 - - 1204.27 1264.48 1255.79 131 8.86 131 8.86 1384.59 1376.31 1445.43 1603.28 1682.44 C 1092.52 1 146.92 - 1327.70 1384.59 1454.36 1517.47 1 766.95 D 1 146.92 1204.27 - 1394.08 1454.36 1526.81 1593.93 1855.51 E 1204.27 1264.57 1236.63 1463.78 1526.81 1603.28 1673.33 1948.08 ~~ ?fj RANGE 23 28 36 38 40 42 90 1066.23 1 1 19.54 7 175.52 1234.29 1296.01 90 RANGE 20 RANGE 22 RANGE 23 RANGE 28 RANGE 36 RANGE 38 RANGE 40 RANGE 42 RANGE 90 COMMUNICATIONS OPERATOR I COMMUNICATIONS OPERATOR II COMMUNICATIONS OPERATOR I1 COMMUNICATIONS SHIFT SUPERVISOR POLICE OFFICER SENIOR POLICE OFFICER COMMUNICATIONS AND RECORDS SUPERVISOR POLICE SEARGENT POLICE RECRUIT