HomeMy WebLinkAbout2019-09-10; City Council; Resolution 2019-159RESOLUTION NO. 2019-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE
OFFICERS' ASSOCIATION (CPOA) AND APPROVING THE ASSOCIATED
CPOA SALARY SCHEDULE, REVISED POLICE CORPORAL
CLASSIFICATION SPECIFICATION AND REVISED ADMINISTRATIVE
ORDER NO. 64, AND APPROVING $1,537,500 IN CARRY-FORWARD
FUNDS FROM FISCAL YEAR 2018-19 (FY 18-19) TO FISCAL YEAR 2019-
20 (FY 19-20).
WHERAS, the City of Carlsbad and the Carlsbad Police Officers' Association (CPOA) have
met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding wages and
other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to submit to
the City Council for consideration and approval; and
WHEREAS, the City Council of the City of Carlsbad, California has determined the need to
accept such an agreement in the form of 1) a Memorandum of Understanding (MOU), 2) a revised
salary schedule, 3) a revised Administrative Order No. 64, and 4) a revised police corporal
classification specification; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that funds
in the amount of $246,500 were previously appropriated to the fiscal year 2019-20 General
Fund budget for the negotiated MOU changes for CPOA; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that funds
in the amount of $1,527,000 will be appropriated to the fiscal year 2019-20 budget for the
General Fund from remaining fiscal year 2018-19 budgetary savings; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that funds
in the amount of $10,500 will be appropriated to the fiscal year 2019-20 budget for the
Citizens' Option for Public Safety (COPS) fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
Sept. 10, 2019 Item #1 Page 6 of 141
2. That Attachment A, the MOU between CPOA and the City of Carlsbad, attached
hereto is hereby adopted by the City Council and the city manager is directed to
execute it.
3. That the deputy city manager-administrative services is authorized to carry
forward and appropriate fiscal year 2018-19 budgetary savings of $1,527,000
from the General Fund and appropriate $10,500 from the existing fund balance
of the COPS Special Revenue Fund.
4. That Attachment B, the CPOA Salary Schedule, attached hereto is hereby
adopted.
5. That Attachment C, the revised Administrative Order No. 64, is hereby adopted.
6. That Attachment D, the revised police corporal classification specification, is
hereby adopted.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of September 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None. M::ki#
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Sept. 10, 2019 Item #1 Page 7 of 141
Attachment A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION
Term: January 1, 2019 -December 31, 2021
TABLE OF CONTENTS
Preamble Page 1
Article 1 Implementation Page 1
Article 2 Term and Renegotiation Page 1
Article 3 Retention of Benefits Page 1
Article 4 Authorized Agents Page 2
Article 5 Recognition Page 2
Article 6 Savings Clause Page 2
Article 7 Nondiscrimination Clause Page 2
Article 8 Compensation Adjustments Page 3
Article 9 Management Rights Page 3
Article 10 Grievance Procedure Page 4
Article 11 Stand-By Page 9
Article 12 Bilingual Pay Page 9
Article 13 Basic Work Week/Work Day Page 10
Article 14 Court and Hearings Page 11
Article 15 Sick Leave/Bereavement Leave Page 12
Article 16 Association Rights Page 14
Article 17 Overtime Page 15
Article 18 Call Back Page 16
Article 19 Seniority Page 18
Article 20 Legal Representation Page 18
Article 21 Peaceful Performance of City Services Page 18
Article 22 Discipline of an Employee Page 19
Article 23 Probationary Period Page 21
Article 24 Retirement Benefits Page 21
Article 25 Flexible Benefits Program Page 23
Article 26 Uniform Reimbursement Page 25
Article 27 Educational Incentive Page 25
Article 28 Field Training Officer Page 27
Article 29 Vehicles for Investigations Page 27
Article 30 Long Term Disability Page 27
Article 31 Leave of Absence Page 27
Article 32 Disability Retirement Page 29
Article 33 Vacation Page 30
Article 34 Holidays Page 31
Article 35 Salary/ Anniversary Date on Promotion Page 32
Article 36 Alcohol and Drug Policy Page 33
Article 37 Employer Searches Page 41
Article 38 Flexible Job Sharing Page 41
Article 39 Deferred Compensation Loan Provision Page 41
Sept. 10, 2019 Item #1 Page 8 of 141
Article 40 Life Insurance and Voluntary Benefits Page 42
Article 41 Re-opener Page 42
Article 42 Acting Pay Page 42
Article 43 Flexible Classifications Page 43
Article 44 Jury Duty Page 43
Article 45 Shift Differential Page 44
Article 46 Special Study Page 44
ii Sept. 10, 2019 Item #1 Page 9 of 141
MEMORANDUM OF UNDERSTANDING
This memorandum of Understanding is made and entered into as of the date of formal approval
hereof by the City Council of the City of Carlsbad, by and between designated management
representatives of the City of Carlsbad (hereinafter referred to as the "city") and the designated
representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "CPOA").
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as
"Memorandum") to promote and provide for harmonious relations, cooperation and
understanding between the city management representatives and the local safety police
employees covered under this Memorandum; to provide an orderly and equitable means of
resolving any misunderstandings or differences which may arise under this Memorandum; and to
set forth the agreement of the parties reached as a result of good faith negotiations regarding
wages, hours and other terms and conditions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
ARTICLE 1. 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 and those of the Police Department necessary to implement this
Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, 2019, and shall continue
until December 31, 2021.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written
proposals in approximately August 2021.
ARTICLE 3. RETENTION OF BENEFITS
Existing benefits contained in this Memorandum 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 such 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.
Sept. 10, 2019 Item #1 Page 10 of 141
Notwithstanding the foregoing, during the term of this agreement, neither party will compel the
other to meet and confer over any mandatory subject of bargaining.
ARTICLE 4. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
4.1 City's principal authorized agent shall be the City Manager or a duly authorized
representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone: (760) 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 CPOA's principal authorized agent shall be its President or duly authorized
representative [Address: P.O. Box 1392, Carlsbad, California 92008; Telephone: (760)
931-2144] and Bobbitt Pinckard & Fields, [ Address: 83 88 Vickers St. San Diego,
California 92111-2109; Telephone (858) 467-1199].
ARTICLE 5. RECOGNITION
The city recognizes CPOA as the majority representation of the bargaining unit that includes the
classifications as listed in the attached salary schedule.
ARTICLE 6. SAVINGS CLAUSE
6.1 If any articles of this Memorandum should be found invalid, unlawful or unenforceable
by reason of existing or subsequent enacted legislation or by judicial authority, all other
articles and sections of this Memorandum shall remain in full force and effect for the
duration of this Memorandum.
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 Association 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. NONDISCRIMINATION CLAUSE
Neither city nor CPOA shall interfere with, intimidate, restrain, coerce, or discriminate against
employees covered by this Memorandum because of exercise of rights to engage or not engage
in CPOA activity or because of the exercise of any right provided to the employees by this
Memorandum.
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Sept. 10, 2019 Item #1 Page 11 of 141
ARTICLE 8. COMPENSATION ADJUSTMENTS
All CPO A-represented employees active on payroll upon ratification of this MOU shall receive a
base salary increase depending on their job classification as shown below retroactive to January
1,2019.
Police Officer, Police Corporal & Police Recruit 5.5%
Police Sergeant 4.2%
All other classifications 2.0%
Upon ratification of this MOU, employees in these classifications will also
receive a non-persable stipend equal to 2.5% of an employee's annual salary
as of 1/1/2019.
Effective January 1, 2020, all CPOA-represented employees active on payroll shall receive a
base salary increase depending on their job classification as shown below.
Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5%
All other classifications 2.0%
In the first pay period of 2020, employees in these classifications will also
receive a non-persable stipend equal to 2.5% of an employee's annual salary
as of 1/1/2020.
Effective January 1, 2021, all CPOA-represented employees active on payroll shall receive a
base salary increase depending on their job classification as shown below.
Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5%
All other classifications 2.0%
In the first pay period of 2021, employees in these classifications will also
receive a non-persable stipend equal to 2.5% of an employee's annual salary
as of 1/1/202 I.
ARTICLE 9. MANAGEMENT RIGHTS
The rights of the city include, but are not limited to, the exclusive right: to determine the mission
of its major service areas, departments, commissions, and boards; to set standards of service; to
determine procedures and standards of selection for employment and promotion; to direct its
employees; to take disciplinary action; to relieve employees from duty because of lack of work
or other legitimate reasons; to transfer employees among various department activities and work
groups; to maintain the efficiency of city operations; to determine the methods, means and
personnel by which city operations are to be conducted; to determine the contents of job
classifications; to take all necessary actions to carry out its mission in emergencies; and to
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Sept. 10, 2019 Item #1 Page 12 of 141
exercise complete control and discretion over its organization and the technology for performing
its work. Nothing in this Memorandum shall require the city to meet and confer over the
exercise of its management rights, however, in so doing, the city shall comply with all applicable
provisions of this Memorandum.
ARTICLE 10. GRIEVANCE PROCEDURE
10.1 Purpose. The purpose and objectives of the grievance procedure are:
10.2
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.1.6
Definitions.
10.2.1
10.2.2
10.2.3
10.2,4
10.2.5
To promote improved employer-employee relations by establishing
grievance procedures on matters for which an appeal or hearing is not
provided by other regulations.
To assure fair and equitable treatment of all employees and promote
harmonious relations among employees, supervisors, and
management.
To encourage the settlement of disagreements informally at the
employee-supervisor level and provide an orderly procedure to handle
grievances throughout the several supervisory levels where necessary.
To provide that appeals shall be conducted as informally as possible.
To resolve grievances as quickly as possible and correct, if possible,
the cause of grievances, thereby reducing the number of grievances
and future similar complaints.
This grievance procedure is applicable to all employee classifications
represented by the CPOA in the Police Department of the City of
Carlsbad.
For the purpose of this grievance procedure the following definitions
shall apply.
City Manager: The City Manager.
Assistant City Manager: An Assistant City Manager.
Department: An office, department, or institution of the city.
Department Head or Head of a Department: The chief executive
officer of a department.
Employee or City Employee: Any officer or employee of the city,
except an elected official.
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Sept. 10, 2019 Item #1 Page 13 of 141
10.2.6
10.2.7
10.2.8
10.2.9
10.2.10
Employee Representative: An individual who appears on behalf of the
employee.
Grievance: A complaint of an employee or a group of employees
arising out of an application or interpretation of existing rules,
regulations, or policies which come under the control of a Department
Head.
Immediate Supervisor: The individual who assigns, reviews, or directs
the work of an employee.
Interested Party: An individual having pertinent and/or immediate
knowledge of the circumstances out of which the grievance arose.
Supervisor: The individual to whom an immediate supervisor reports.
10.3 Reviewable and Non-Reviewable Grievances
10.3.1
10.3.2
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 matters over which the head of the
department has control.
( c) Arise out of a specific situation, act, or acts considered to be
unfair which result in inequity or damage to the employee.
( d) Arise out of an interpretation and application of the
Memorandum or Personnel Rules and Regulations.
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 22
hereunder), such as:
(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
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Sept. 10, 2019 Item #1 Page 14 of 141
(3) Appeals from work performance evaluations.
10.4 Special Grievance Procedure Provisions: The following special provisions apply to the
grievance procedure.
10.4.1
10.4.2
10.4.3
10.4.4
10.4.5
10.4.6
10.4.7
10.4.8
Procedure for Presentation: In presenting a grievance, an employee
shall follow the sequence and the procedure outlined in Section 10.5 of
this procedure.
Prompt Presentation: The employee shall discuss the grievance with
an immediate supervisor promptly after (i.e., when grievant knew or
should have known) the act or omission of management caused the
grievance.
Prescribed Form: The written grievance shall be submitted on a form
prescribed by the Human Resources Director for this purpose.
Statement of Grievance: The grievance shall contain a statement of:
(a) The specific situation, act, or acts considered to be unfair and
the reasons why.
(b) The inequity or damage suffered by the employee.
( c) The relief sought.
Employee 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/she so desires.
Interested 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 During Working Hours: Whenever possible, grievances will
be handled during the regularly scheduled working hours of the parties
involved.
Extension of Time: 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.
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10.4.9
10.4.10
10.4.11
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
completion 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.
Reprisal: The grievance procedure is intended to assure a grieving
employee the right to present a grievance without fear of disciplinary
action or reprisal, 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 Human Resources Department.
I 0.5 Grievance Procedure Steps: The following procedure shall be followed by an employee
submitting a grievance for consideration and action.
10.5.1
10.5.2
10.5.3
10.5.4
Discussion With Supervisor: The employee shall discuss the grievance
with the employee's immediate supervisor informally. Within seven
(7) calendar days, the supervisor shall give a decision to the employee
verbally.
Step 1 : If the employee and the supervisor cannot reach an agreement
to resolve the grievance, the employee may within seven (7) calendar
days present the grievance in writing to the supervisor. The
supervisor shall memorialize the prior verbal decision on the
grievance and present the grievance to the next-level supervisor within
seven (7) calendar days.
The next-level supervisor shall hear the grievance and shall give a
written decision to the employee within seven (7) calendar days after
receiving the grievance. This portion of this step shall be repeated as
necessary until the next-level supervisor is a Police Captain~
Step 2: If the employee and the next-level supervisor cannot reach an
agreement to resolve the grievance, the employee may within seven
(7) calendar days present the grievance in writing to the Police Chief.
The Police Chief shall hear the grievance and shall give the written
decision to the employee within seven (7) calendar days after receiving
the grievance.
Step 3: If the employee and Police Chief cannot reach an agreement
as to the solution of the grievance, the employee may file a written
request with the Human Resources Director, within seven (7) calendar
days, to have the grievance heard by a Hearing Officer via the process
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10.5.5
10.5.6
10.5.7
described in Section I 0.5. 7. The Human Resources Director shall
present a copy of the grievance 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 Hearing Officer.
Step 4: If the matter is not otherwise resolved, the Hearing Officer
shall, within thirty (30) calendar days after receipt of the grievance,
hear the grievance and render an advisory opinion to the City
Manager. The City Manager shall, within fourteen ( 14) calendar days
after receipt of the advisory opinion, notify the employee of the final
action.
Any of the above steps may be waived by mutual agreement of the
parties.
Hearing Officer. The employee or employee organization and the city
will attempt to develop a permanent list of five (5) mutually acceptable
hearing officers. If the parties cannot mutually agree on the identity of
the hearing officer from this permanent list, they will alternately strike
names from the list of five using a strikeout procedure. The party
striking the first name will be determined by lot.
If a permanent list of five mutually acceptable hearing officers cannot
be developed, the parties agree that the advisory hearing will be
conducted before a hearing officer selected by the parties from a list of
seven hearing officers provided by the California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the
identity of the hearing officer they will alternately strike names from
the list of seven using a strikeout procedure. The party striking the
first name will be determined by lot.
All administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription costs, if any, will be shared equally between the city and
the Carlsbad Police Officers' Association. In the case that the
Carlsbad Police Officers' Association does not support the grievance
continuing to the advisory hearing by a Hearing Officer, all
administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription costs, if any, will be shared equally between the city and
the employee.
The employee or employee organization will be responsible for the
cost of his or her own representation or attorney fees and preparation
of documents.
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ARTICLE 11. STAND-BY
11. 1 Due to staff limitations, it may be necessary for the Police Chief to schedule employees
to be on stand-by to handle overtime work which may arise during other than the
employee's normal working hours.
(a) Incident Stand-by is defined as time in which an employee (a duty detective,
detective sergeant or duty traffic investigator) is required, by the Police Chief or
designee, to remain at a place where the employee can reasonably expect to
respond and arrive at the Carlsbad Police Department within one hour.
Employees are expected to respond in a safe and expeditious manner taking only
the time necessary to arrive at the Carlsbad Police Department or other designated
location. Response delays caused by traffic conditions or other factors beyond the
employee's control will not be considered a failure to respond within the
requirements of this article.
(b) Staffing Stand-by is defined as time in which an employee (generally the assigned
communications operator) is required, by the Police Chief or designee, to remain
available to respond to the Carlsbad Police Department.
11.2 Contact Responsibility: An employee assigned to stand-by shall maintain current contact
information, either telephone number and/or cell phone number, with the
communications center. The employee assigned to stand-by shall be immediately
available at the number( s) provided.
11.3 Compensation: An employee will be compensated for stand-by time at the rate of twenty
two dollars ($22) 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.
11.4 General Call Out: Certain special assignments, such as canine, investigations, field
evidence technicians and traffic are expected to respond to call-outs if they are available
but unless they are assigned to stand-by they are not required to maintain an available
status.
11.5 Sick Notification: If any employee is unable to fulfill any portion of their stand-by
assignment due to illness or other emergency, it is the employee's responsibility to notify
their supervisor as soon as possible so that an alternate may be assigned.
ARTICLE 12. BILINGUAL PAY
Any employee certified, as the Police Chief may direct, as a qualified translator-interpreter of the
Spanish language shall receive forty dollars ($40) per pay period.
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ARTICLE 13. BASIC WORK WEEK/WORKDAY
13 .1 The official workweek for non-sworn employees who work a 9/80 schedule begins four
( 4) hours after the regularly scheduled starting time for their Friday shift and ends one
hundred sixty eight (168) hours later ( at four ( 4) hours after the regularly scheduled
starting time for their Friday shift).
13.2 The official workweek for non-sworn employees working any schedule other than a 9/80
schedule begins on Sunday at 12:00 a.m. and ends on the following Sunday at 12:00 a.m.
13.3 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period
for sworn employees begins on Sunday at 12:00 a.m. and ends 14 days later at 12:00 a.m.
Overtime shall be compensated in the manner prescribed by Article 1 7 of this
Memorandum.
13 .4 References in the Memorandum to a 3/12 schedule refer to a schedule in which
employees work three 12-hour shifts during one of the workweeks in a two-week pay
period and three 12-hour shifts plus one 8-hour shift during the other workweek in the
pay period, for a total of 80 hours worked in the pay period. For employees who are not
covered by the 7(k) exemption contained in Article 13.3 of the Memorandum, hours
worked in excess of 40 in a workweek will be compensated in accordance with Article 17
of the Memorandum.
13 .5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In
general, unit members assigned to patrol and dispatch shall work a 3/12 schedule.
13.6 Unit members assigned to motors shall be provided one hour of paid leave (at straight
time) each regularly scheduled work day for care and maintenance of the motor.
13.7 Unit members assigned as canine handlers shall work a weekly 3/12+4 schedule
consisting of three work days of twelve consecutive work hours plus one additional shift
consisting of 4 consecutive work hours per week. Unit members assigned as canine
handlers shall also be paid 4 hours of overtime each work week for care and maintenance
of the canine.
13.8 Deployments shall be six months in length and shifts shall be bid one month in advance
according to seniority.
13.9 Patrol employees (police officers assigned to patrol, canine, traffic, community policing
and community service officers assigned to patrol and traffic) will be given two (2)
fifteen-minute rest periods and one (1) half-hour lunch break each workday without loss
of pay.
13 .10 Communications Operators/Supervisors -The Police Communication Center is a fluid
and ever changing environment and flexibility is paramount to efficient operations. To
achieve effective operations and meet changing needs in activity and staffing levels,
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Sept. 10, 2019 Item #1 Page 19 of 141
communication operators/supervisors are expected to remain flexible in their schedule in
regard to rest periods and meal breaks. The following break policy for communication
operators/supervisors is intended to balance the need for employee break time and the
need for operational flexibility. During the life of this agreement and to the extent this
agreement complies with state law, the provisions of ( a) and (b) below shall be in effect:
(a) Breaks -Communications operators/supervisors are entitled to two (2) 15 minute
rest periods and one (1) 30 minute lunch break each workday without loss of pay.
Due to the unique needs of a 911 center, there may be times when
communications operators/supervisors will have to adjust break times or work
through their breaks. At an employee's request and with supervisor approval, the
break periods may be combined into a one (1) hour compensated break.
(b) Availability -Communications operators/supervisors are expected to be available
to resume their duties during their break time and, therefore, are compensated for
their breaks. When staffing and activity levels permit, communication
operators/supervisors are allowed to leave the premises. When on a break
communications operators/supervisors are subject to recall via cell phone, pager,
and/or police radio and will remain within a fifteen (15) minute recall response to
the Communications Center. Activities that may interfere with a communications
operator/supervisor's ability to return to the Communications Center within 15
minutes should not be conducted during break time but should be accommodated
with other leave time such as comp. time or vacation time.
ARTICLE 14. COURT AND HEARINGS
14.1 Compensation: Off duty personnel who appear in court or at a hearing pursuant to an
official request from a legally constituted body regarding matters arising out of, or
associated with, their employment shall be compensated at a minimum of four ( 4) hours
per day calculated at time and one-half the employee's regular rate of pay. Actual time
spent in court over the four (4) hour minimum on the same day is compensable at time
and one-half the employee's regular rate of pay.
14.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the employee's regularly
scheduled work shift. In that situation, the employee shall receive overtime
compensation at the following rate.
Any subpoena received with an appearance time of two (2) hours prior to the
commencement of the employee's work shift will receive two (2) hours compensation at
the overtime pay rate.
Any subpoena received with an appearance time of one ( 1) hour prior to the
commencement of the employee's work shift will receive one (1) hour compensation at
the overtime pay rate.
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Officers who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
mm1mums.
14.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing
are held over during the normal lunch break for further appearance after lunch, they shall
be entitled to credit for the lunch break as time worked.
14.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for
employee transportation. Mileage expenses will not be paid for appearances in court or
at a hearing when the court or hearing location is within a 20 mile radius of the Carlsbad
Police Department. If the court or hearing location is beyond a 20 mile radius of the
Carlsbad Police Department and a Carlsbad Police Department vehicle is not available,
the employee will receive reimbursement for mileage expenses to and from the court or
hearing location, or the round trip distance between the court or hearing location and the
Carlsbad Police Department, whichever is less. Employees shall be reimbursed for
mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled
"Travel Policy" with an effective date of 12/14/99, including any subsequent changes to
this policy.
14.5 Phone Testimony: When off duty personnel provide court or hearing testimony via
telephone, the employee shall be compensated for the actual time of the telephone
testimony or a minimum of one (1) hour, which ever is greater, at time and one-half the
employee's regular rate of pay.
14.6 District Attorney Conversation: When off duty personnel receive calls from District
Attorney personnel regarding criminal cases, employees will receive no compensation for
conversations lasting less than 10 minutes. Employees will receive compensation at time
and one-half the employee's rate of pay for the actual time of the conversation or a
minimum of one ( 1) hour, whichever is greater, for conversations lasting 10 minutes or
longer. Employees receiving multiple calls within the same one hour period shall only
receive one hour compensation.
ARTICLE 15. SICK LEAVE/BEREAVEMENT LEAVE
For the purpose of this section, the term "family member" shall be defined in the personnel rules
and regulations.
Sick leave can be used in 15 minute increments.
15.1 Every CPOA-represented employee will accrue sick leave on a daily basis at the rate of
sixteen ( 16) minutes for each continuous calendar day of service.
15.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid
out when an employee's employment with the city ends.
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15.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for
personal injuries or illnesses; (2) to care for an injured or ill family member; or (3) to
attend the employee's own or a family member's medical, dental, or optometry
appointments.
In addition, in the event of the death of an employee's family member, the employee may
take up to three (3) shifts of paid time off for bereavement. The three shifts do not have
to be taken consecutively. In extreme circumstances, the Police Chief may allow the
employee to take additional time off in the form of sick leave, provided the employee has
sick leave available.
15.4 An employee who is absent because of a personal injury or illness or the injury, illness, or
death of a family member must notify the employee's supervisor as soon as possible on
the first day of the absence. An employee who needs to be absent to attend a medical,
dental, or optometry appointment must have the absence approved in advance by the
employee's supervisor.
15.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time,
except as provided for in this article.
15.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by
workers' compensation, the pregnancy disability provisions of the California Fair
Employment and Housing Act, the California Family Rights Act, or the federal Family
and Medical Leave Act, the city may require the employee to provide a medical
certificate supporting the need for the absence.
15.7 Time off to take a physical examination for induction into or recall to active duty with the
Armed Forces will be handled in accordance with applicable state and federal law.
15.8 An employee making a blood donation without charge will be given reasonable time off
for that purpose. No charge will be made against the employee's sick leave or vacation
when the absence is approved in advance by the employee's supervisor.
15.9 During the first pay period of each fiscal year, any regular employee who has accrued and
maintains a minimum of one hundred sixty (160) hours of sick leave will be permitted to
convert up to one hundred twenty (120) hours of accrued, unused sick leave to vacation at
ratio of twenty four (24) hours of sick leave to eight (8) hours of vacation. However, an
employee will not be permitted to convert sick leave to vacation if the conversion would
cause the employee to exceed the vacation accrual maximum specified in Article 33.
15.10 Any regular employee applying for retirement with the Public Employees' Retirement
System may convert accrued and unused sick leave to service time at the rate specified in
California Government Code section 20965.
15.11 Nothing in this Article precludes the city from taking appropriate action in the event of
abuse of sick leave.
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ARTICLE 16. ASSOCIATION RIGHTS
16.1 The city recognizes the right of the CPOA to govern its internal affairs.
16.2 The parties to this Memorandum fully support the concept of the Public Safety Officers'
Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code.
16.3 Upon the receipt of a written request and authorization from an employee for deduction
of CPOA 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 CPOA.
The city shall continue to withhold such deductions unless the employee files a statement
with the city withdrawing authorization for the continued withholding of the deductions.
The effective date of withholding, time of remitting withholdings to the CPOA, and all
procedural matters shall be determined in accordance with the Rules and Regulations of
the city.
16.4 The CPOA shall provide and maintain with the city a current list of the names and all
authorized representatives of the CPOA. An authorized representative shall not enter any
work location without the consent of the Police Chief or his designee or the City Manager
or his designee. The Police Chief 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 CPOA shall be allowed to designate employee representatives to assist employees in:
16.5.1
16.5.2
16.5.3
Preparing and processing grievances;
Preparing and presenting material for Disciplinary Appeals hearings;
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 CPOA 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 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.
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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. If a police department manager schedules a work meeting to
accomplish police department business and invites employee representatives to that
meeting, the employee representatives who attend the meeting will be paid for the time
worked. If the meeting occurs outside of the employee's regularly scheduled work shift,
the employee shall receive a minimum of two hours of appropriate overtime
compensation.
16.8 Designated employee representatives requesting time off under this Article shall direct
such request to their immediate supervisors in writing within a reasonable time period to
the date requested, in order to assure that the Department meets its staffing needs and to
assure sufficient coverage of departmental assignments.
16. 9 The city will continue to furnish bulletin board space in the Police Department for the
exclusive use of the CPOA. Material placed on the bulletin boards shall be at the
discretion of the CPOA and shall be removed by management only in the event the
material is obviously offensive to good taste or defamatory, and shall be removed only on
prior notification to a CPOA representative. The CPOA shall be responsible for
maintaining bulletin boards exclusively used by the CPOA in an orderly condition and
shall promptly remove outdated materials.
16.10 Use of City Facilities
16.10.1
16.10.2
16.10.3
The CPOA may, with the prior approval of the City Manager, be
granted the use of the city facilities for off-duty meetings of the Police
Department employees, provided space is available. All such requests
will be in writing to the City Manager.
The CPOA may, with the prior approval of the Police Chief, 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 Police Chief. In the event the Police Chief
denies use of Police Department facilities, an appeal can be made to
the City Manager.
The use of city equipment other than items normally used in the
conduct of business meetings, such as desks, chairs and blackboards, is
strictly prohibited, the presence of such equipment in approved city
facilities notwithstanding.
ARTICLE 17. OVERTIME
Overtime Pay: Each employee covered by this agreement shall be entitled to overtime
compensation at the premium rate of one and one-half (1-1/2) times the employee's
regular rate of pay for all time worked, or regarded as having been worked because the
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employee is on an approved paid leave, in excess of the employee's regularly scheduled
work day and/or in excess of forty ( 40) hours per work week for non-sworn employees or
eighty (80) hours per fourteen (14) day work period for sworn employees.
The regular rate of pay shall be calculated in conformance with the FLSA.
17.1 Comp. Time Option: Each employee shall have the option (with the exception of "Pay
Only Details") of receiving compensatory time off at the premium rate in lieu of cash,
subject to a maximum accumulation of one hundred and fifty (150) 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 employee's compensatory time off bank is no longer at the
maximum.
An employee may use such compensatory time within a reasonable period after making
the request if the use of compensatory time does not unduly disrupt the operations of the
department. Required use of overtime to backfill staff shall not be considered to unduly
disrupt operations.
At any time an employee may elect to "cash out" any portion of his/her accrued
compensatory time balance at his/her regular rate of pay by requesting this "cash out" on
his/her time card. Upon separation from the city service an employee who has a balance
of unused compensatory time shall be paid out the remainder of their compensatory
balance.
17.2 Comp. Time Exception: Special details where the city is reimbursed for employees'
compensation from an outside entity shall be for pay only. Employees volunteering for
such details are not eligible for compensatory time off in lieu of cash.
ARTICLE 18. CALL BACK
18.1 Description: If an employee is required to return to his or her place of employment or
other work location directed by the employer at a time that is not part of the employee's
regularly scheduled work shift, that employee shall receive appropriate overtime pay, as
described in Article 17, for the actual number of hours worked, subject to the following:
18.2 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for
training or firearms qualification, the employee shall receive a minimum of two hours of
appropriate overtime compensation. No travel time is provided for scheduled call backs.
18.3 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the
employee shall receive a minimum of four hours of appropriate overtime compensation.
18.4 Report Call Back Minimum: Employees are encouraged to complete reports prior to
scheduled days off. A supervisor must determine if the report can be "pended" until the
employee returns to regular scheduled work or if the report needs to be completed prior
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to that time. The supervisor's approved "pending completion date" will determine the
employee's compensation for completing a "pended" report prior to the employee's next
regularly scheduled duty as follows:
(a) Before Next Duty Day: If an employee "pends" a report needing to be completed
before the employee's next scheduled duty day, the employee shall receive a
minimum of two hours of appropriate overtime compensation for returning to the
station and completing the report.
(b) Next Duty Day: If an employee "pends" a report not needing to be completed
until the employee's next scheduled duty day and it is later determined by a
supervisor the report needs to be completed before the employee's next scheduled
duty day, the employee shall receive a minimum of four hours of appropriate
overtime compensation for returning to the station and completing the report.
Employees called back pursuant to this section are not eligible for travel time.
18.5 Travel Time: Travel time is included as part of the call back minimum compensation or
the call back overtime if the call back (travel time plus detail time) exceeds the approved
minimum guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other
site within a 20 mile radius of the Carlsbad Police Department, the travel time is
capped at a maximum of one hour round trip.
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the
Carlsbad Police Department, travel time shall be the actual amount of time
required to drive to the call back site and return to employee's residence.
The following employees, who are required to return to his or her place of
employment or other work location directed by the employer at a time that is not
part of the employee's regularly scheduled work shift, are eligible for travel time:
(1) Employees who are called back for immediate service; (2) employees who are
in a 'stand-by' capacity as defined by Article 11.
18.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department
or to any site within a 20 mile radius of the Carlsbad Police Department will not be
compensated. If an employee is directed to a site beyond a 20 miles radius of the
Carlsbad Police Department, the employee will receive mileage reimbursement for
expenses to and from the directed site or the round trip distance between the directed site
and the Carlsbad Police Department, whichever is less.
18. 7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee's regularly scheduled work
shift. In that situation, the employee shall receive applicable overtime compensation for
all time actually worked beyond the regularly scheduled work shift.
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ARTICLE 19. SENIORITY
19.1 The seniority of an employee is based on the number of calendar months of continuous
service in the Carlsbad Police Department. Within a rank, the seniority of an employee is
based on the number of calendar months of continuous service in the Carlsbad Police
Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall
have seniority calculated for all time of continuous service in the higher rank and the
original rank combined.
19.2 If an employee voluntarily leaves the city's employ or is dismissed for cause, the
employee will lose all seniority credited prior to then. Reemployment will not restore the
lost seniority. Instead, if an employee is reemployed, seniority will be based on the
reemployment date.
19 .3 An employee laid off after completing probation and acquiring regular status will, after
reinstatement, regain the seniority credit the employee possessed at the time of layoff,
provided the reinstatement occurs within twenty-four (24) months of the layoff.
19.4 Refer to Article 31.3 for information re: the impact of a leave of absence on seniority.
ARTICLE 20. LEGAL REPRESENTATION
20.1 Upon request of an employee and subject to any legal limitations, the city will provide for
the defense of the employee in any civil action or proceeding initiated against the
employee by a person or entity other than the city because of an act or omission occurring
within the course and scope of the employee's employment.
20.2 Nothing in this Memorandum requires the city to provide for the defense of an employee
where: (a) the city has the discretion under the California Government Code not to
provide for a defense; (b) the act or omission was not within the course and scope of the
employee's employment; (c) the act or omission was the result of the employee's actual
fraud, corruption, or malice; or ( d) providing for the defense would create a specific
conflict of interest between the city and the employee within the meaning of California
Government Code section 995.2.
20.3 Nothing in this Memorandum is intended to give an employee more rights or privileges
than those contained in the California Government Code.
ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES
21.1 During the term of the Memorandum, 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.
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21.2 During the term of the Memorandum, the city will not instigate a lockout 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.
ARTICLE 22. DISCIPLINE OF AN EMPLOYEE
22.1 The city may only discipline regular employees for just cause. In the case of disciplinary
action involving suspension, demotion or discharge, the employee shall be given notice
of the action to be taken, the evidence or materials upon which the action is based, and an
opportunity to respond to the Police Chief either orally or in writing, provided the
employee requests the opportunity within seven (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 below. Written notice of discipline shall
inform and remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the city will attempt to
develop a permanent list of five ( 5) mutually acceptable hearing officers. If a mutually
acceptable list cannot be developed, the parties agree that the advisory hearing will be
conducted before a hearing officer selected by the parties from a list provided by the
California State Mediation and Conciliation Service. If the parties cannot mutually agree
on the hearing officer they will use a strikeout procedure using a list of seven names
provided by the California State Mediation and Conciliation Service. The appellant will
have the prerogative of striking the first name.
The city will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if
any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attorney fees and preparation of documents.
22.3 Once discipline has been imposed, the Police Chief or an authorized designee shall
specify the period of time, from one to four years, that the discipline will remain in the
affected employee's personnel records, unless a longer period is required by law. At the
end of the designated period of time, the disciplinary action shall be removed from the
employee's personnel file. It is the responsibility of the employee to initiate a request for
removal of disciplinary action from the employee's personnel file. The only permitted
use of the removed disciplinary action shall be in a later disciplinary proceeding where
there is an allegation of similar or cumulative activity or misconduct.
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22.4 Nothing in this Memorandum shall be construed to require "cause" or "just cause" for the
rejection of a probationary employee prior to the expiration of the probationary period. A
probationary employee rejected during the probationary period shall not be entitled to
appeal such rejection to the Hearing Officer, but shall be entitled to an opportunity to
discuss the rejection with the Police Chief.
22.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the
right to appeal to the Hearing Officer any disciplinary action, interpretation or alleged
violation of the Personnel Ordinance or Personnel Rules, except in instances where the
right of appeal is specifically prohibited by the Personnel Ordinance or Personnel Rules,
or this Article.
22.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed
with the Human Resources Director, who shall, within ten (10) calendar days after receipt
of the appeal, inform the Hearing Officer of the action desired by the appellant and the
reasons why. The formality of a legal pleading is not required.
22. 7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for
the hearing on the appeal not less than 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 Human Resources Director shall notify all interested parties of the date, time,
and place of the hearing.
22.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before
the Hearing Officer at the time and place of the hearing. The appellant may be
represented at the hearing by any person or attorney the appellant selects and may
produce any relevant oral or documentary evidence. The city shall bear the burden of
proof; therefore, the city shall state its case first and, at the conclusion, the appellant may
then present evidence. Rebuttal matter not repetitive may be allowed in the discretion of
the Hearing Officer. Cross-examination of witnesses shall be permitted. The conduct
and decorum of the hearing shall be under the control of the Hearing Officer, with due
regard to the rights and privileges of the parties appearing before it. Hearings need not be
conducted according to technical rules relating to evidence and witnesses. Hearings will
be closed unless at least four ( 4) business days prior to the hearing the appellant, in
writing, requests an open hearing. At the conclusion of the hearing, the hearing officer
will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their
case to the City Council before the City Council renders a final decision.
22.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify his/her findings and decisions in writing to the City
Council and to the appellant. The City Council shall review the findings and
recommendations of the Hearing Officer and may then affirm, revoke or modify the
action taken as, on its judgment, seems warranted, and the action taken shall be final.
The Hearing Officer may submit a minority or supplemental finding and
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recommendation. In the case of suspension, discharge or demotion, the appointing power
shall reinstate an employee to the employee's former status if the City Council
determines that the action was for discriminatory reasons.
22.10 Disiplinary appeal hearing. During any disciplinary appeal hearing, either party may file
a written motion with the City Clerk for the City of Carlsbad seeking authorization from
the City Council to pursue an interlocutory writ in court to challenge a ruling or action by
a hearing officer. The motion for authorization shall be heard in closed session, unless
waived by the appellant. Either party's representative may make a statement to the City
Council on the issue of whether authorization to seek a writ is justified. During this
hearing on the motion for authorization to pursue a writ, neither party may discuss the
merits or the factual basis of the underlying administrative hearing with the City Council.
The parties should limit their discussion as to the ruling or action of the hearing officer
and why the matter warrants the pursuit of an interlocutory writ before the conclusion of
the disciplinary appeal hearing. The party appealing the discipline shall not be required
to seek authorization from the City Council in order to pursue an interlocutory writ in
court as to those issues in which the court has initial jurisdiction, including but not
limited to, claims of a violation of the Public Safety Officers Procedural Bill of Rights
Act.
ARTICLE 23. PROBATIONARY PERIOD
23.1 For sworn personnel, the initial hire probationary period shall be one year from the date
the employee is sworn as an officer. For non-sworn personnel, the initial hire
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 the
adaptability and the fitness of the employee to the assigned work. The employee will
find this period helpful in evaluation of the city, his/her duties, his/her work and other
satisfaction.
23 .2 Refer to Article 31.3 for information re: the impact of a leave of absence on the
probationary period.
23.3 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.
ARTICLE 24. RETIREMENT BENEFITS
24.1 The city has contracted with CalPERS for the following retirement benefits:
Safety "Classic" Members (those that do not qualify as "New Members" as defined
below)
• Employees entering City of Carlsbad safety CalPERS membership for the first
time prior to October 4, 2010 -The retirement formula shall be 3 % @ 50; single
highest year final compensation.
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• Employees entering City of Carlsbad safety CalPERS membership for the first
time on or after October 4, 2010 -The retirement formula shall be 2%@ 50;
three year average final compensation.
Miscellaneous "Classic" Members (those that do not qualify as "New Members" as
defined below)
• Employees entering City of Carlsbad miscellaneous CalPERS membership for the
first time prior to November 28, 2011 -The retirement formula shall be 3%@
60; single highest year final compensation.
• Employees entering City of Carlsbad miscellaneous CalPERS membership for the
first time on or after November 28, 2011 -The retirement formula shall be 2%@
60; three year average final compensation.
"New Members"
Employees who are "New Members" as defined by the California Public Employees'
Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013
who has never been a CalPERS member or member of a reciprocal system or who has
had a break in CalPERS service of at least 6 months or more) will be subject to all the
applicable PEPRA provisions, which include but are not limited to the following
retirement benefits:
• Safety-The retirement formula shall be 2.7%@ 57; three year average final
compensation.
• Miscellaneous -The retirement formula shall be 2% @ 62; three year average
final compensation.
24.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
•
•
•
•
•
Safety employees subject to the 3%@ 50 and 2%@ 50 benefit formula shall pay
all of the employee retirement contribution (9%).
Safety employees who meet the definition of "New Member" under PEPRA shall
pay the required PEPRA member contribution rate as established by CalPERS.
Miscellaneous employees subject to the 3%@ 60 benefit formula shall pay all of
the employee retirement contribution (8%).
Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of
the employee retirement contribution (7%).
Miscellaneous employees who meet the definition of "New Member" under
PEPRA shall pay the required PEPRA member contribution rate as established by
CalPERS.
24.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city
will report the value of the EPMC as additional (special) compensation to CalPERS for all
CPOA represented employees designated as "classic members."
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ARTICLE 25 FLEXIBLE BENEFITS PROGRAM
25.1 Employees represented by the CPOA will participate in a flexible benefits program that
includes medical insurance, dental insurance, vision insurance, AD&D insurance and
flexible spending accounts (FSAs). Each of these components is outlined below.
25.2 Benefits Credits and Medical Insurance: During the entire term of this agreement,
represented employees will be covered by the Public Employees' Medical and Hospital
Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program.
The city will pay on behalf of all employees covered by this agreement and their eligible
dependents and those retirees designated in Section 25.5 of this Article, the minimum
amount per month required under Government Code Section 22892 of the PEMHCA for
medical insurance through the California Public Employees' Retirement System
(CalPERS). If electing to enroll for medical benefits, the employee must select one
medical plan from the variety of medical plans offered.
The city shall contribute monthly amounts ( called "Benefits Credits") on behalf of each
active employee and eligible dependents toward the payment of medical premiums under
the CalPERS Health Program. The city contribution shall be based on the employee's
medical coverage level and shall include the mandatory payments to CalPERS. If the
actual total premiums exceed the city's total contributions, the employee will pay the
difference.
Waiver Provision: CPOA-represented employees who do not wish to participate in the
CalPERS Health Program will have the choice of waiving the city's medical insurance
program, provided they can show that they are covered under another group insurance
program. The benefits credits associated with waiving medical coverage will be set equal
to 50% of the benefit credits associated with Employee Only medical coverage level. If
this results in a situation where the unused benefit credits associated with any medical
plan exceed the benefit credits associated with waiving medical coverage, the benefit
credits associated with waiving medical coverage will be set equal to one dollar ($1)
above the unused benefit credits associated with that medical plan.
Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the
medical insurance purchased by the employee, the employee will have the option of using
any "excess credits" to purchase city-sponsored dental insurance, vision insurance,
accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare
or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid
to the employee in cash and reported as taxable income.
The Benefits Credits for calendar year 2019 shall increase as shown in the table below.
To provide CPOA represented employees with the value of the increase in 2019 Benefits
Credits, with the payroll for the first full pay period after ratification of this
Memorandum by the City Council, the city shall make a one-time taxable (non-
PERSable) cash payment equal to the increase in benefits credits for CPOA members
employed by the city on that date. The increase in Benefits Credits shall be given to each
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employee based on the employee's medical coverage level in the pay period in which the
cash amount is paid and pro-rated based on the employee's benefit-eligibility date (i.e.,
the date they became eligible for city benefits). Employees hired during subsequent pay
periods in calendar year 2019 shall receive a cash payment for this increase in Benefits
Credits in the pay period in which they become benefit-eligible.
Medical Prior Monthly 2019 Monthly Monthly
Coverage Level Benefits Credits Benefits Credits Increase
Employee $573.00 $577.00 $4.00
Employee+ 1 $1,146.00 $1,158.00 $12.00
Family $1,502.00 $1,528.00 $26.00
Waive Medical $286.50 $416.68 $130.18
Effective the pay periods that include 1/1/2020, 1/1/2021 and 12/31/2021 the city
monthly benefit credits associated with each medical coverage level will be set to dollar
amounts that equate to 80% of the average health (medical, dental and vision) premium
for Employee, Employee Plus One and Family coverage levels, rounded to the nearest
whole dollar based on the premiums that will take effect on January 1 of the respective
calendar year.
25.3 Dental Insurance
CPOA employees may choose to enroll in or opt out of the city-sponsored dental
insurance plan at any coverage level.
25.4 Vision Insurance
CPOA employees may choose to enroll in or opt out of the city-sponsored vision
insurance plan at any coverage level.
25. 5 Retirees
Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the California
Public Employees' Retirement System (CalPERS) Health Program. Represented
employees who retire from the city, either service or disability, shall be eligible to
continue their enrollment in the CalPERS Health Program when they retire, provided that
the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of
separation from employment and their effective date of retirement is within 120 days of
separation. The city will contribute the minimum amount per month required under
Government Code Section 22892 of the PEMHCA toward the cost of each retiree's
enrollment in the CalPERS Health Program. Direct authorization may be established for
automatic deduction of payments for health insurance administered by CalPERS.
Employees who retire from the city, either service or disability, shall be eligible to elect,
upon retirement, to participate in the city's dental and/or vision insurance programs as a
retiree. The cost of such dental and/or vision insurance for the retiree and eligible
dependents shall be borne solely by the retiree. An individual who does not choose
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coverage upon retirement, or who chooses coverage and later drops it is not eligible to
return to the city's dental and vision insurance programs.
The city will invoice the retiree for his/her monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
ARTICLE 26. UNIFORM REIMBURSEMENT
Effective upon the first day of the first full pay period following City Council approval of this
agreement, reimbursement to represented employees for the cost of purchasing and maintenance
ofrequired uniforms shall be $34.62 per pay period. (Under PEPRA, this benefit is not reported
to CalPERS as special compensation for new members).
ARTICLE 27. EDUCATIONAL INCENTIVE
27.1 Educational Incentive Compensation.
Effective between January 1, 2019 and until the first day of the pay period following ratification
of this MOU by the City Council:
Level 1: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) A sworn employee or employee in the communications series of classifications
that presents evidence of the award of a Basic certificate issued by the State of
California Commission on Peace Officer Standards and Training shall be
compensated at the rate of sixty-two dollars ($62) biweekly. Eligibility for
receiving the compensation will be based upon the date the employee provides
evidence of eligibility to the Professional Standards Division Sergeant. It is the
sole responsibility of the employee to make notification of eligibility for the
education incentive pay.
(b) Other non-sworn employees, upon successful completion of the required
probationary period, a minimum of one-year of service with the City of Carlsbad
and possession of a high school diploma or GED, shall be compensated at the rate
of sixty-two dollars ($62) biweekly. It is the sole responsibility of the employee
to make notification of eligibility for the education incentive pay.
Level 2: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of the following:
Evidence of the award of an Intermediate certificate issued by the State of
California Commission on Peace Officer Standards and Training, or evidence of a
Baccalaureate degree and at least two (2) years experience with a police agency,
or evidence of an Associate degree and at least four ( 4) years experience with a
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police agency. The work experience shall be within the same job description as
the employee's current work assignment, (i.e. peace officer, communicator,
community service officer).
(b) Compensation: Satisfactory fulfillment of the above requirements shall be
compensated at the rate of one hundred fifty-two dollars ($152) biweekly.
Eligibility for receiving the compensation will be based upon the date the
employee provides evidence of eligibility to the Professional Standards Division
Sergeant. It is the sole responsibility of the employee to make notification of
eligibility for the education incentive pay.
Level 3: Applicable to all employees in the bargaining unit represented by the CPOA.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of the following:
Evidence of the award of an Advanced certificate issued by the State of California
Commission on Peace Officer Standards and Training, or evidence of a Masters
degree and at least four (4) years experience with a police agency, or evidence of
a Baccalaureate degree and at least six (6) years experience with a police agency,
or evidence of an Associate degree and at least nine (9) years experience with a
police agency. The work experience shall be within the same job description as
the employee's current work assignment, (i.e. peace officer, communicator,
community service officer).
(b) Compensation: Satisfactory fulfillment of the above requirements shall be
compensated at the rate of two hundred eighteen dollars ($218) biweekly.
Eligibility for receiving the compensation will be based upon the date the
employee provides evidence of eligibility to the Professional Standards Division
Sergeant. It is the sole responsibility of the employee to make notification of
eligibility for the education incentive pay.
Effective the first day of the first full pay period after ratification of this MOU, eligibility for
education incentive is as follows:
For employees who are eligible to obtain a certificate issued by the State of California
Commission on Peace Officer Standards and Training (POST):
Level Eligibility Requirements Incentive Pay Amount
1 POST Basic Certificate $62 biweekly
2 POST Intermediate Certificate $152 biweekly
3 POST Advanced Certificate $218 biweekly
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For employees who are not eligible to obtain a certificate issued by the State of
California Commission on Peace Officer Standards and Training (POST):
Level Eligibility Requirements Incentive Pay Amount
1 High School diploma or GED $62 biweekly
2 Associate degree $152 biweekly
3 Baccalaureate degree $218 biweekly
Eligibility for receiving the compensation will be based upon the date the employee
provides evidence of eligibility to the Professional Standards Division Sergeant, Carlsbad
Police Department. It is the sole responsibility of the employee to make notification of
eligibility for the education incentive pay.
27.2 An employee that meets the criteria for compensation under more than one level, above,
shall receive compensation for only the highest such level for which he or she qualifies.
ARTICLE 28. FIELD TRAINING OFFICER
Effective upon the first day of the first full pay period after ratification of this MOU, field training
officers or civilian personnel who are assigned to train co-workers shall be compensated at the
rate of $40 for each work shift the employee is engaged in the training function. The selection of
field training officers or civilian personnel who are assigned to train co-workers shall be at the
sole discretion of the Police Chief.
ARTICLE 29. VEHICLES 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 on each duty shift; provided, however,
such assignment of a designated vehicle is expressly conditioned on the availability of vehicles
and does not extend to any detectives assigned in addition to the number assigned as of the date
of this Memorandum.
ARTICLE 30. LONG TERM DISABILITY
During the term of this Memorandum, city agrees to continue to provide long term disability
insurance. The insurance shall provide for a thirty (30) day waiting period prior to payment
eligibility. In all other respects, the insurance shall continue unchanged.
ARTICLE 31. LEAVE OF ABSENCE
31.1 Occupational Injuries or Illnesses
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31.1.1 A sworn employee who is temporarily unable to work due to an
occupational illness or injury will receive full pay for up to one year as
provided in Section 4850 of the Labor Code ("4850 benefits"). The
employee may not receive 4850 benefits concurrently with sick leave or
any other form of paid time off.
If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability
payments as provided in the Labor Code. To the extent these benefits are
less than the employee's full regular pay, the employee shall supplement
them by using accrued sick leave, vacation, and/or compensatory time-to
reach the amount equal to the employee's full regular pay until the
employee's leave balances reach zero, at which time the employee would
commence an unpaid leave of absence.
A sworn employee shall not use accrued sick leave after the city approves
the employee's Industrial Disability Retirement (IDR). The employee
who is approved for an IDR may choose to cash out up to 50% of their
sick leave balance upon separation of employment. The remaining sick
leave balance shall be converted to CalPERS service credit.
31.1.2 A non-sworn employee who is temporarily unable to work due to an
occupational illness or injury will receive full pay for the first forty-five
(45) calendar days. If the employee continues to be temporarily unable to
work after forty-five ( 45) calendar days, the employee will receive
workers' compensation temporary disability payments as provided in the
Labor Code. To the extent that these benefits are less than the employee's
full regular pay, the employee shall supplement them by using accrued
sick leave, vacation, and/or compensatory time to reach the amount equal
to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave
of absence.
31.2 Non-Occupational Injuries or Illnesses
31.2.1 An employee who is temporarily unable to work due to a non-
occupational illness or injury will receive those disability benefit
payments for which the employee is eligible and applies. To the extent
that these benefits are less than the employee's full regular pay, the
employee shall supplement them by using accrued sick leave, vacation,
and/or compensatory time to reach the amount equal to the employee's
full regular pay until the employee's leave balances reach zero, at which
time the employee would commence an unpaid leave of absence.
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31.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the
same manner as leaves of absence for non-occupational illnesses or
injuries, subject to the pregnancy disability provisions of the California
Fair Employment and Housing Act.
31.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence
(paid or unpaid and except when leave is ordered by the city or when an employee is on
an active duty military leave) or completion of a leave of absence related to Section 4850
of the Labor Code, whichever occurs later, an employee will not be eligible for the
benefits listed below:
1. accrual of sick leave and vacation,
2. holiday pay
3. cell phone allowance and
4. shift differential pay.
On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee's
salary anniversary date, vacation anniversary date and seniority will be adjusted for each
calendar day the leave of absence lasted beyond either 84 consecutive calendar days or
the completion of a leave of absence related to Section 4850 of the Labor Code,
whichever was longer.
During or immediately following a leave of absence, if an employee returns to work for
fewer than 14 calendar days before subsequently going back on a leave of absence (paid
or unpaid and except when leave is ordered by the city or when an employee is on an
active duty military leave), the second leave of absence shall be considered a continuation
of the first leave of absence.
Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that
extends beyond 14 consecutive calendar days the probationary period and salary
anniversary date shall be extended for each calendar day the employee was on a leave of
absence. Other than this exception, all other provisions in this Extended Leave of
Absence section apply to a probationary newly hired employee.
31.4 To the extent permitted by law, a leave of absence under this article will run concurrently
with any leave of absence an employee is entitled to receive under the California Family
Rights Act or the federal Family and Medical Leave Act.
ARTICLE 32. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the
standards and procedures contained in California Government Code sections 20000 et seq.
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ARTICLE 33. VACATION
Vacation leave can be used in 15 minute increments.
33.1 Effective upon the first day of the first full pay period following ratification of this MOU,
all eligible CPOA-represented employees shall be entitled to accrue vacation on a daily
basis according to the number of continuous full years of employment based on the
following vacation accrual schedule:
Beginning with the first (1st) working day through the completion of five (5) full
calendar years of continuous service -14 minutes/day
Beginning the sixth ( 6th) year of continuous employment through the completion of
ten (10) full calendar years of continuous service -21 minutes/day
Beginning the eleventh (11 th ) year of continuous employment through the
completion of fifteen (15) full calendar years of continuous service -26
minutes/day
Beginning the sixteenth ( 16th) year of continuous employment, vacation time shall
be accrued, and remain at a rate of 33 minutes/day for every full calendar year of
continuous employment thereafter.
33.2 Vacation Accrual Maximum
Effective upon the first day of the first full pay period following ratification of this MOU
no employee will be allowed to accrue vacation hours in excess of the four hundred and
eighty ( 480) hour maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although
employees are responsible for actively managing their leave balances, the Police Chief
will not unreasonably deny requests for vacation time off. If there are unusual
circumstances that would require an employee to exceed the vacation accrual maximum,
he/she must submit a request in writing to the Police Chief and the City Manager. The
Police Chief and the City Manager may grant such a request if it is in the best interest of
the city. Requests will be handled on a case-by-case basis and will be considered only in
extreme circumstances.
33.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to one hundred
sixty (160) hours of accrued vacation to cash, provided they have used at least eighty (80)
hours of vacation during the pay periods that fall within the prior calendar year.
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33.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
returning to work during vacation leave will be compensated as follows:
(a) Court --Mandated court appearances during the time of an employee's paid
vacation leave from city service will be compensated at time and one half the
employee's regular rate of pay, with a minimum of four (4) hours.
(b) Duty Time -Employees returning to their regularly scheduled work time while on
vacation leave shall be paid their applicable regular rate of pay and not be charged
the corresponding vacation time.
(c) Non-Duty Time -Employees returning to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid at time and one half the
employee's regular rate of pay.
( d) Recall -This clause shall not limit the city's right to recall an employee from
vacation in the event of an emergency.
33.5 Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year,
contingent upon determination by the Police Chief that such absence will not materially
affect the department. Each employee must consider the needs of the service when
requesting annual vacation leave. An employee shall normally provide forty-eight ( 48)
hours notice in advance of the day(s) he/she is requesting vacation time off. When a
family emergency arises which necessitates the use of vacation time, an employee shall
provide as much advance notice as possible considering the particular circumstances.
33.6 Terminal Vacation Pay
The dollar value of an employee's accrued vacation balance as of the employee's last day
on payroll shall be paid to the employee upon separation of employment at the
employee's base rate of pay at separation.
ARTICLE 34. HOLIDAYS
34.1 The city agrees to observe eleven (11) scheduled paid holidays per year. The holiday
schedule shall not interfere with, influence, or otherwise change the scheduling of shift
employees by the department.
Effective the first day of the first full pay period after ratification of this MOU employees
will accrue 1 floating holiday. Subsequently, employees will accrue 1 floating holiday
each year on July 1st. The floating holiday must be used in full day increments. There is
no partial day use of a floating holiday. The floating holiday will be treated in the same
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manner as the other 11 holidays except that unused floating holidays will not carry over
to the next fiscal year and will not be paid out upon separation of employment.
34.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
34.3 Employees who work a 5/8 schedule will be paid eight (8) hours of straight time for each
holiday. Employees who work a 9/80 schedule will be paid nine (9) hours of straight
time for each holiday. Employees who work a 4/10 schedule will be paid ten (10) hours
of straight time for each holiday. Employees who work a 3/12 schedule will be paid
twelve (12) hours of straight time for each holiday.
34.4 Employees will be compensated in cash or compensatory time off (CTO) for holidays in
the pay period in which they occur. Employees scheduled to work on a holiday who
desire the day off will utilize vacation or CTO.
For purposes of this section, a shift trade will be considered part of an employee's
regularly scheduled work shift.
ARTICLE 35. SALARY/ANNIVERSARY DATE ON PROMOTION
35.1 Any Police Officer or Police Corporal promoted to the rank of Police Sergeant will be
compensated at a minimum of five percent (5%) above the top step of Corporal.
35.2 Any Communications Operator I or II promoted to the position of Communications
Supervisor will have their compensation adjusted a minimum of five percent (5%) above
the top step of Communications Operator II.
35.3 A police employee serving in Salary Step 5 will be eligible upon promotion for
subsequent salary step increases in a higher range on the annual anniversary of the date of
promotion. When a police employee is promoted from Step 1, 2, 3, or 4, that employee
will retain the anniversary date that was in effect in the salary range from which the
employee was promoted.
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ARTICLE 36. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work environment
free from the effects of drugs and alcohol consistent with the directives of the Drug Free
Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is
certified by the National Institute on Drug Abuse (NIDA), now known as the Substance
Abuse & Mental Health Services Administration (SAMHSA). Testing shall be
conducted in a manner to ensure a high degree of accuracy and reliability using
techniques, equipment, and laboratory facilities, which have been approved by the
Substance Abuse and Mental Health Services Administration (SAMHSA) and the
Department of Health and Human Services (DHHS). Collection, chain of custody, and
testing procedures shall be conducted in accordance with FT A/DOT regulations, 49
C.F.R. Parts 40 and 655. This policy will be interpreted consistent with the provisions of
the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et
seq.). This policy is intended to accomplish that objective.
A. Definitions -As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental, emotional
or behavioral change in the user, including but not limited to, prescription
medications, heroin, cocaine, morphine and its derivatives, P.C.P.,
methadone, barbiturates, amphetamines, methamphetamines, alcohol,
marijuana, and other cannabinoids.
2. "Workplace" means any site where city-assigned work is performed,
including city premises, city vehicles or other premises or vehicles, while
city-assigned work is being conducted, or within a reasonable time thereafter.
3. "Reasonable suspicion" means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or drugs where
such impairment could negatively affect work performance or could pose a
threat to public or employee safety.
4. "Medical Review Officer (MRO)" is responsible for receiving laboratory
confirmed urine drug test results; determining whether there is a legitimate
medical explanation for a laboratory-confirmed positive, adulterated, or
substituted result; and reviewing and reporting a verified result to the
employer in a timely and confidential manner.
5. "CCF" refers to the federal drug testing Custody and Control Form. This
form will be completed for all urine specimen collections and requires the
employee's signature each time a specimen is collected.
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6. "Urine Collector" is responsible for collecting urine specimens using 49
C.F.R. Part 40 procedures; shipping the specimens to certified laboratories
for analysis; and distributing copies of the CCF to the laboratory, MRO,
employer, and employee in a timely and confidential manner.
7. "Breath Alcohol Technician (BAT)" is responsible for conducting alcohol
screening and confirmation tests by collecting and analyzing breath
specimens using an approved screening device and an evidential breath
testing (EBT) device; documenting the results of the test; and transmitting
the results to the employer in a timely and confidential manner.
8. Third Party Administrator: A service agent who coordinates a variety of drug
and alcohol testing services for employers. These services can include
random selections; and coordinating urine collections, laboratory testing,
MRO services, alcohol testing, and SAP evaluations. The TP A is responsible
for ensuring that its service agents are qualified.
B. Employee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution,
dispensation, possession or use of alcohol or drugs nor be under
the influence of alcohol or drugs in the workplace or while on-
call;
b. submit to an alcohol and drug analysis and remain on the
premises when requested to do so by city management, acting
pursuant to this policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute
(including any pleas of nolo contendere ), if such conviction was
based on a violation which occurred in the workplace, no later
than five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any
medication or drugs, prescription or non-prescription ( over-the-counter
medications), which interfere with safe or effective performance of their
duties or operation of city equipment.
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3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment are
relevant to city employment may result in disciplinary action up to and
including termination if there is relevant nexus between such off-duty
involvement and the employee's employment with the city, consistent
with the legal requirements for disciplinary due process.
C. Consequences of Violation of Policy
I. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by
this policy may also be directed or allowed to satisfactorily participate in
an approved alcohol or substance abuse assistance or rehabilitation
program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
B.
I. Upon receiving a conditional offer of employment, an otherwise
successful candidate must submit to a drug and alcohol analysis. At
the city's discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for city employment.
Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the
workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
c. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport
the employee to his or her home.
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2. Some examples of "reasonable suspicion" as defined in Section l.A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or
disability;
d. an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the
workplace situation;
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal
knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or
drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by city management or by law
enforcement officers shall constitute insubordination and shall be
grounds for discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug
which could impair an employee's ability to effectively and safely
perform the functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug
test sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed
necessary by the city.
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C. Random Selection Testing
All sworn employees in the Vice Narcotics Unit of the Carlsbad Police
Department, with the classifications of Police Officer, Police Corporal,
and Police Sergeant shall be subject to random substance abuse
teststhroughout the fiscal year. This includes detectives assigned to the
narcotics taskforce and the gang taskforce. The ongoing testing will be
conducted on an unannounced basis. Employees will have an equal
chance of being selected and tested in each selection period. The names of
all eligible employees will be placed in a pool, with the selection of
employees made by a scientifically valid method via the Third Party
Administrator of the program. Once an employee's name is pulled for
testing, his or her name will be returned to the pool.
Any CPOA-represented employee who operates the Public Safety
Command Post vehicle shall be subject to random substance abuse tests.
Refer to Administrative Order No. 64 for more information re: the drug
and alcohol testing policy for employees in safety sensitive positions.
Random testing will be performed as follows:
• Drugs -Fifty percent (50%) of the total number of covered
employees shall be tested annually.
• Alcohol -Twenty five percent (25%) of the total number of
covered employees shall be tested annually.
1. Employee Notices
When an employee has been randomly selected, the employee will be
discreetly notified of his or her test in a Testing Notice. The supervisor
will document the date and time the Testing Notice is delivered and then
the employee will be required to sign the Testing Notice, which also
acknowledges that the employee being tested has been advised of the drug
and alcohol testing policy. Additionally, the employee will be asked by
the Urine Collector or BAT to complete the necessary form(s), either the
CCF or ATF or both, for the test(s) to be conducted and analyzed.
2. Testing for Prohibited Drugs
A Urine Collector will collect a urine specimen to be analyzed by a
certified laboratory for the presence of drugs prohibited under this policy.
An employee must void 45 mL of urine all at once for an accurate
collection. At the collection site, the Urine Collector will divide the
specimen into two samples: 30 mL of which will be labeled as the primary
sample (Bottle A) and 15 mL labeled as the split sample (Bottle B). The
urine samples will be sent under seal, with required custody and control
forms, to a laboratory approved by SAMHSA. An initial drug screen will
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be conducted on each primary sample. If the initial drug screen does not
yield a negative test result, a confirmatory Gas Chromatography/Mass
Spectrometry (GC/MS) test will be performed. The test will be considered
positive if the amounts present are above the minimum thresholds
established in DOT regulations, as amended. If the result of the primary
sample is not negative, the split sample as well as the primary sample will
be retained in frozen storage for at least 1 year from the date the laboratory
receives it.
3. Medical Review Officer
All drug test results shall be interpreted and evaluated by a qualified
MRO, who shall meet the requirements set forth in DOT regulations. The
MRO shall not convey test results to the city until the MRO has
determined that the test result was positive or negative, or should be
cancelled. When the MRO reports the result of the verified positive test,
the MRO may disclose the drug(s) for which there was a positive result.
The MRO may only reveal the levels of a positive drug test result to the
City of Carlsbad, the employee, or the decision maker in a lawsuit,
grievance or other proceeding initiated by the employee and arising from a
verified positive result, or as otherwise required by law.
If the MRO declares a drug test to be invalid for any reason, the test is
considered canceled, and neither positive nor negative. However, a re-
collection under direct observation may be ordered by the MRO.
4. Split Specimen Testing
Any employee who questions the results of his/her required drug test
under this policy may, within 72 hours of having been notified of a
verified positive test by the MRO, request that an additional test be
conducted on the split sample (Bottle B) of the original specimen that was
voided. This test will be conducted at a different DHHS certified
laboratory, selected by the employee. The test must be conducted on the
split sample that was provided at the same time as the original sample. If
Bottle B also tests positive, then the employee may be subject to
disciplinary sanctions, up to and including termination. If the testing of
Bottle B produces a negative result, or for any reason Bottle B is not
available, the test is considered cancelled and no sanctions are imposed.
However, a re-collection under direct observation may be ordered at the
MRO's sole discretion. The employee shall bear the responsibility of
paying for the testing of the split specimen (Bottle B).
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5. Alcohol Testing
Alcohol tests will be performed by a certified BAT. If the initial test on an
employee using an approved EBT indicates a breath alcohol concentration
(BAC) of 0.02 or greater, a second test will be performed no sooner than
15 minutes but no later than 30 minutes from the first attempt to confirm
the results of the initial test. Employees whose confirmatory test results
indicate a BAC of 0.04 or greater may be subject to discipline, up to and
including termination.
6. Refusal to Test
An employee that refuses to submit to drug or alcohol testing required by
the city shall be prohibited from performing or continuing to perform
public safety functions and shall be assigned to a light duty assignment or
placed on paid administrative leave at the city's discretion. An employee's
refusal to submit to drug or alcohol testing required by the city for any
reason shall be considered an act of insubordination and may also result in
disciplinary action, up to and including termination. Refusal to test shall
include the following:
a. Failure to appear for any test within a reasonable time, as
determined by the employer, consistent with applicable DOT
regulations, after being directed to do so by the employer;
b. Failure to remain at the testing site until the testing process is
complete;
c. Failure to provide a urine specimen for any drug test required;
d. In the case of a directly observed or monitored collection in a drug
test, failure to permit the observation or monitoring of provision of
a specimen;
e. Failure to provide a sufficient amount of urine when directed, and
it has been determined, through a medical evaluation, that there
was not adequate medical explanation for the failure;
f. Failure or decline to take an additional drug test the employer or
collector has directed you to take;
g. Failure to undergo a medical examination or evaluation, as directed
by the MRO;
h. Failure to cooperate with any part of the testing process;
1. For an observed collection, failure to follow the observer's
instructions;
J. Possession or wearing of a prosthetic or other device that could be
used to interfere with the collection process; or
k. Admit to the collector or MRO that you adulterated or substituted
the specimen.
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Sept. 10, 2019 Item #1 Page 48 of 141
The above refusals to test shall incorporate any future amendments to
DOT Regulation 49 CFR Part 40 Section 40.191.
7. Follow-up
Covered employees who test positive may be referred to a Substance
Abuse Professional (SAP) for assessment. Any covered employee
identified by the Substance Abuse Professional as needing assistance and
who is not being terminated, will be subject to follow-up testing upon
returning to duty. After the SAP has notified the city the employee has
completed the SAP's requirements, which may include treatment and/or
education, an eligible employee may return to work. However, the
employee shall not perform public safety functions until the city has
obtained negative drug test results from the MRO. This test is referred to
as the "Return to Duty" test in the DOT regulations. Both Return to Duty
and Follow-Up Tests shall be under direct observation.
The Follow-Up Tests shall appear in a testing plan. The testing plan will
be developed by the SAP and will include the number ohests required
over a specified duration. The city has no discretion to alter the SAP's
testing plan and the employee shall not have the right to obtain a copy of
the testing plan. A minimum of six unannounced tests will be performed
over the twelve month period following the employee's return to duty.
Follow-up testing may be performed for up to 60 months following return-
to-duty. Such testing shall be separate from participation in the random
testing selection procedures. Follow-up testing may include tests for other
substances beyond the employee's initial positive test of drug and/or
alcohol use when the SAP has reason to believe that additional testing is
warranted. If an employee is referred to a substance abuse program,
payment for the program is the responsibility of the employee.
III. EMPLOYEE ASSISTANCE PROGRAM
A. The city has a well established voluntary Employee Assistance Program
(EAP) to assist employees who seek help for substance abuse problems.
The EAP is available for assessment, referral to treatment, and follow-up.
Any employee of the city wishing confidential assistance for a possible
alcohol or drug problem can call the EAP office and arrange for an
appointment with a counselor.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-
referral contacts are held in confidence by the EAP.
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Sept. 10, 2019 Item #1 Page 49 of 141
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
of any city policy.
ARTICLE 37. EMPLOYER SEARCHES
For the purpose of enforcing city or department policies, directives, and work rules, the city
reserves the right to search, with or without prior notice to the employee, all work areas and
property in which the city maintains full or joint control with the employee, including, without
limitation, city vehicles, desks, lockers, file cabinets, and bookshelves. These areas and property
remain part of the workplace context even if the employee has placed personal items in them.
Employees are cautioned against storing personal belongings in work areas and property under
full or joint city control since such work areas may be subject to investigation or search under
this article.
Employer searches may occur when there is a reasonable suspicion that the employee has
violated a city or department policy, directive, or work rule and that the area or property to be
searched may contain evidence of that violation. Searches will be conducted by persons having
supervisory and/or other legal authority to conduct them. Searches will not normally occur
without the concurrence of more than one supervisor.
If the Public Safety Officers Procedural Bill of Rights Acts (Government Code sections 3300 et
seq.) is applicable to a particular search, then the city will comply with the Act notwithstanding
anything to the contrary in this article.
Nothing in this article will prevent the city from taking appropriate action if there is inadvertent
discovery of evidence of a policy, directive, or work rule violation.
ARTICLE 38. FLEXIBLE JOB SHARING
Employees may, with the express written approval of the City Manager, the Human Resources
Director, and the Police Chief, participate in a flexible job-sharing program. The specifics of
such a program shall be determined by the employees and the city on a case by case basis. Prior
to the implementation of any such program, a written agreement setting forth the specifics of the
program shall be signed by the affected employees and the city. This article shall not be subject
to the grievance procedure.
ARTICLE 39. DEFERRED COMPENSATION LOAN PROVISION
The city and the CPOA agree to work with the city's deferred compensation provider (currently
ICMA Retirement Corporation) to implement a personal loan provision for represented
employees as soon as administratively possible. It is acknowledged that the city will assist in the
administrative set-up of this benefit but that the city has no liability if an employee should
default on the repayment of such a loan.
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Sept. 10, 2019 Item #1 Page 50 of 141
ARTICLE 40. LIFE INSURANCE AND VOLUNTARY BENEFITS
All CPOA-represented employees shall receive city paid life insurance in an amount equal to one
times their basic yearly earnings. To determine the benefit, the amount of insurance is rounded
to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
The city provides various voluntary benefits available at the employee's cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the
Human Resources Department at 760-602-2440.
ARTICLE 41. RE-OPENERS
At any time during the term of this Memorandum, the city may reopen negotiations on the
implementation of technological changes affecting the Police Department. CPOA acknowledges
that the city has the management right to decide to change the technology used in the Police
Department and that any negotiations shall be regarding the effects of the city's decision on
CPOA members.
At any time during the term of this Memorandum, the city may reopen negotiations on the issue
of health insurance benefits in order to reduce or eliminate penalties under the ACA.
At any time during the term of the MOU, after CalPERS announces its actual rate ofreturn for
the prior fiscal year, if the CalPERS actual rate ofreturn is less than CalPERS' expected rate of
return (the expected rate ofretum or "discount rate" in effect during that same prior fiscal year),
the City may reopen negotiations on the issue of employee cost sharing toward the City's
required contribution to CalPERS for CPOA members. Any changes shall be by mutual
agreement only.
At any time during the term of the MOU either party may reopen negotiations on the issue of a
retiree medical trust. Any changes shall be by mutual agreement only.
At any time during the term of the MOU, the City may reopen negotiations to discuss the
enhancement of disability insurance benefits for CPOA members. Any changes shall be by
mutual agreement only.
ARTICLE 42. ACTING PAY
Whenever the perceived needs of the City require an employee to temporarily perform the duties
of a job classification that has a higher pay range than the pay range associated with their current
job classification for a period of more than twenty-one (21) consecutive calendar days, the
employee shall receive additional pay while in the acting capacity. In such cases, the employee
shall be paid at an appropriate level which will assure an increase of not less than five percent
(5%) greater than his/her current base salary. In the event that the City does not need the
employee to serve in an acting capacity for at least twenty-one (21) consecutive calendar days,
the employee shall receive the acting pay for that period of time the acting assignment lasts. In
the event that at the beginning of an acting assignment, it is not perceived that the acting
42
Sept. 10, 2019 Item #1 Page 51 of 141
assignment will last at least twenty-one (21) consecutive calendar days, and the acting
assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the
employee in the acting assignment shall receive the acting pay retroactive to the first day of the
acting assignment.
No employee shall be required to perform all of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the Police Chief. Exceptions to the minimum
qualifications criteria may be recommended by the Police Chief on a case by case basis. If the
employee does not meet the minimum qualifications for the higher classification he/she shall
receive not less than 2.5% additional pay.
The additional pay shall commence on the first (1st) calendar day of the temporary reassignment
of the performance of duties of the higher classification. The recommendation that an employee
be required to perform duties of the higher classification shall be placed in writing by the Police
Chief and submitted to the Human Resources Director for approval.
An employee may not serve in an acting capacity for more than six (6) months without prior
approval from the Police Chief.
A person appointed to an acting capacity shall be eligible to receive step increases in his/her
regular position during the acting appointment. The Human Resources Director shall obtain the
employee's acknowledgement of the temporary performance of all of the duties of the higher
classification prior to the employee's assuming or continuing the duties and additional
compensation. The acknowledgement form shall clearly state that it is understood that a
reduction in salary shall be effected to his/her original salary rate upon the expiration of the need
for the performance of the duties of the higher classification.
ARTICLE 43. FLEXIBLE CLASSIFICATIONS
An employee hired into one of the listed entry level positions shall be reclassified to the journey
level position following twelve (12) months of successful service in the entry level position and
upon meeting journey-level requirements, if any, as established by the city. Any city-established
requirements must be identified in the classification description. The employee shall be placed
at the nearest step of the journey level salary range which represents a minimum five percent
(5%) salary increase.
Entiy Level Position
Community Service Officer I
Communications Operator I
ARTICLE 44. JURY DUTY
Journey Level Position
Community Service Officer II
Communications Operator II
When called to jury duty, an employee, having provided at least seven (7) calendar days written
notice, shall be entitled to his/her regular compensation. Employees shall be entitled to keep
mileage reimbursement paid while on jury duty. The Police Chief or his/her designe~ may, at
43
Sept. 10, 2019 Item #1 Page 52 of 141
his/her sole discretion, contact the court and request an exemption and/or postponement of jury
service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
ARTICLE 45. SHIFT DIFFERENTIAL
Effective upon the first day of the first full pay period following ratification of the MOU, all
CPOA-represented employees who work or who take paid leave for a night shift (i.e., a shift in
which five or more hours of their shift are after 1700 hours and before 0600 hours) shall be
eligible for Shift Differential Pay. Shift Differential Pay shall be equal to three percent (3%) of
the base pay rate and will be paid for the night shift (all hours worked), inclusive of all paid leave
or paid time during a leave of absence, except 1) when the employee is on an extended leave of
absence as defined in Article 31.3 or 2) time off due to a shift trade. Shift Differential Pay shall
be included in the regular rate of pay in conformance with the FLSA as it relates to calculating
overtime pay. Shift Differential Pay shall not be included in the definition of "straight time" for
purposes of calculating holiday pay as defined in Article 34.3.
A person regularly scheduled on a shift that meets the requirements defined in this section who
temporarily works on another shift that does not meet the requirements defined in this section
will not receive the Shift Differential Pay.
ARTICLE 46. SPECIAL STUDY
During the term of the MOU the City and CPOA will conduct a study on binding arbitration for
disciplinary appeals.
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Sept. 10, 2019 Item #1 Page 53 of 141
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives
to execute this Memorandum to be effective as stated herein.
CITY OF CARL!-
/
SCOTT CHADWI
APPROVED AS TO FORM:
-
CARLSBAD POLICE OFFICERS' ASSOCIATION
~R\0
Date
Date
__ h'-----fl<-f-il/._._;&<-----=~o--w"-----€-----------0.c....___~---o~ -IC,
MATTHEW LOWE, President Date
45
Sept. 10, 2019 Item #1 Page 54 of 141
THE CITY OF CARLSBAD
CPOA 8I-WEEKL Y SALARY SCHEDULE
Effective January 1, 2019
Attachment B
RANGE STEP 1 STEP2 STEP 3 STEP4 STEP 5 RANGE
15
19
20
22
24
35
36
38
42
90
1892.94
2141.68
2373.96
2492.66
2816.85
3087.64
3112.61
3268.25
3923.64
2641.65
RANGE15
RANGE15
RANGE19
RANGE 20
RANGE 20
RANGE 22
RANGE 24
RANGE 35
RANGE 36
RANGE 38
RANGE42
RANGE 90
1987.57
2248.77
2492.66
2617.32
2957.69
3242.02
3268.25
3431.66
4119.81
2773.73
2086.95 2191.28 2300.84
2361.19 2479.25 2603.21
2617.32 2748.15 2885.56
2748.15 2885.56 3029.84
3105.58 3260.85 3423.90
3404.11 3574.32 3753.01
3431 .66 3603.26 3783.37
3603.26 3783.37 3972 .59
4325.81 4542.09 4769.18
2912.4 3058.05 3210.95
PROPERTY & EVIDENCE TECHNICIAN
COMMUNITY SERVICE OFFICER I
COMMUNITY SERVICE OFFICER II
COMMUNICATIONS OPERA TOR I
POLICE RANGER
COMMUNICATIONS OPERATOR II
COMMUNICATIONS SUPERVISOR
FINGERPRINT & EVIDENCE SPECIALIST
POLICE OFFICER
POLICE CORPORAL
POLICE SERGEANT
POLICE RECRUIT
15
19
20
22
24
35
36
38
42
90
Sept. 10, 2019 Item #1 Page 55 of 141
Administrative Order No. 64 (Revised 09/10/2019)
This order supersedes Administrative Order No. 64 dated 03/27/2018
Date: 9/10/19
To: All City Departments
From: Scott Chadwick, City Manager
{cityof
Carlsbad
Subject: DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE
POSITIONS
PURPOSE:
To implement a drug and alcohol testing policy for employees who operate commercial vehicles
to ensure that employees are fit for duty and to protect our employees and the public from risks
posed by the use of alcohol and controlled substances. This policy also complies with the policy of
the U.S. Department of Transportation and Federc:11 Motor Carrier Safety Administration's
regulations.
POLICY:
See Attachment A
BACKGROUND:
The City of Carlsbad implemented a Drug and Alcohol Testing Policy for Commercial Drivers in
1997 in response to a Federally mandated program governed by the Department of
Transportation. Periodically, the Department of Transportation amends its policy for commercial
drivers and the Federal Motor Carrier Safety Administration amends its policy. The attached City
of Carlsbad policy is updated to reflect the recent changes mandated by these federal agencies.
i Administrative Order is effective immediately.
City Manager
City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov
Attachment A
CITY OF CARLSBAD
DRUG & ALCOHOL TESTING POLICY
FOR EMPLOYEES IN SAFETY SENSITIVE
POSITIONS
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Sept. 10, 2019 Item #1 Page 57 of 141
CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN
SAFETY. SENSITIVE POSITIONS
TABLE OF CONTENTS
SECTION
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
PURPOSE
CONT ACT FOR POLICY QUESTIONS
COVERED EMPLOYEES
SAFETY SENSITIVE FUNCTIONS
PROHIBITED CONDUCT
CONSEQUENCES FOR VIOLATIONS
REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST
DRUG TESTING
ALCOHOL TESTING
TYPES OF TESTS REQUIRED
1. Pre-employment/Pre-Duty Testing
2. Post-Accident
3. Random Testing
4. Reasonable Suspicion
5. Return-to-Duty/Follow-up
PRESCRIPTION DRUG USE
CONSEQUENCES OF POSITIVE TEST RESULTS
SUBSTANCE ABUSE PROFESSIONAL
COVERED EMPLOYEE ASSISTANCE PROGRAM
RECORD KEEPING
ACCESS TO RECORDS
TRAINING
NOTICE TO COVERED EMPLOYEES
COMPLIANCE WITH FEDERAL LAW
APPENDIX A -LIST OF COVERED CLASSIFICATIONS
APPENDIX B-DEFINITIONS
APPENDIX C-TESTING PROCEDURES
3
PAGE NUMBER
4
5
5
5
6
7
7
8
10
10
11
12
13
14
14
14
15
15
15
16
17
17
17
18
19
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Sept. 10, 2019 Item #1 Page 58 of 141
DRUG & ALCOHOL TESTING POLICY
FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS
The City of Carlsbad is committed to a workplace free from the influence and effects of
drugs and alcohol that may adversely affect a covered employee's work performance,
efficiency, safety and health. It is important to ensure the welfare and safety of all covered
employees to perform their work in a drug-free environment. In support of this
commitment, the City's Drug and Alcohol Policy has been established for all covered
employees consistent with the Drug Free Workplace Act.
For those employees whose job requires specific use of a commercial vehicle, this policy has
been established to outline requirements consistent with the Department of Transportation
regulations related to commercial drivers. Any covered employee who violates this policy,
jeopardizes the safety or welfare of themselves or others, or creates risk of property loss or
damage may be subject to disciplinary action including termination of employment.
A. PURPOSE
This policy establishes guidelines in compliance with the Federal Drug-Free
Workplace Act of 1988, the Omnibus Transportation Employee Testing Act of 1991
(Omnibus Act), the Federal Transportation Administration, Federal Motor Carrier
Safety Administration, (FMCSA) regulations of 1994 (49 C.F.R. parts 40 and 382 et
seq.), the California Drug-Free Workplace Act of 1990, and Section 34520(a) of the
California Vehicle Code. DOT Regulations require that regular drug and alcohol
testing be performed on employees iri safety-sensitive positions who operate specified
commercial vehicles.
The purpose of this policy is to assure that City commercial vehicles are operated in a
safe manner and that the public is protected from risks associated with the use of
alcohol or drugs in the operation of City commercial vehicles.
Members of the Carlsbad City Employees' Association (CCEA) are still required to
comply with the provisions of the drug and alcohol policy included in any applicable
Memorandum Of Understanding (MOU). The obligations and requirements set forth
below are in addition to existing provisions, and shall prevail where provisions in the
MOU conflict with this Policy.
-,
Covered employees are required to submit to alcohol and drug testing administered
in accordance with federal regulations as a condition of employment. Covered
employees shall be asked to sign a statement certifying that they have each received
a copy of this policy and understand its contents.
This policy complies with 49 CPR Part 655, as amended, 49 CFR Part 382, as
amended, and 49 CPR Part 40, as amended. Copies of Parts 655, 382, and 40 can be
found on the internet at the Department of Transportation Office of Drug and Alcohol
Policy and Compliance website http://www.dot.gov/odapc.
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Sept. 10, 2019 Item #1 Page 59 of 141
B. CONTACT FOR POLICY QUESTIONS
Covered employees having any questions regarding their rights and obligations under
this policy should submit their questions to the Human Resources Department.
C. COVERED EMPLOYEES
Individuals who are required to have or utilize a commercial driver's license to
operate (i.e., drive) the following commercial motor vehicles are considered "covered
employees":
1. a vehicle with a gross combination weight of at least 26,001 pounds or more,
inclusive of a towed unit with a gross vehicle weight rating of more than
10,000 pounds;
2. a vehicle with a gross vehicle weight of at least 26,001 pounds;
3. a vehicle designed to transport 16 or more passengers, including the driver; or
4. a vehicle of any size required to be placarded under Department of
Transportation hazardous material regulations.
The City of Carlsbad job classifications listed in Appendix A require or utilize a
commercial driver's license, and are therefore subject to the provisions of this policy.
However, a covered employee may be given a written exemption from this policy
signed by the Human Resources Director if the covered employee's classification is
listed in Appendix "A" but the covered employee does not operate, and is not
expected to operate, the commercial motor vehicles listed above.
All covered employees will be subject to pre-employment, reasonable suspicion, post-
accident, random, return-to-duty, and follow-up drug and/or alcohol testing.
Applicants for safety-sensitive positions will not be hired, nor will current covered
employees be assigned to safety sensitive functions unless they pass a drug test.
Pre-employment Inguiries
Applicants for classifications listed in Appendix A will be subject to inquiries about
any violations from prior employers within the past ten years which shall include,
but not be limited to, testing positive or refusal to take a pre-employment test.
D. SAFETY SENSITIVE FUNCTIONS
Covered employees shall not be under the influence or in possession of alcohol or
controlled substances during work hours, standby hours, or when engaged in any of
the following safety sensitive functions involving a commercial motor vehicle (CMV):
1. Driving or being in a CMV.
2. Performing maintenance on aCMV.
3. Inspecting or servicing a CMV.
4. Loading or unloading a CMV.
5. Supervising or assisting the loading or unloading of a CMV.
6. Attending a vehicle being loaded or unloaded.
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Sept. 10, 2019 Item #1 Page 60 of 141
7. Waiting to load or unload a CMV or waiting to be dispatched.
8. While in readiness to operate a CMV.
9. While obtaining assistance or remaining in attendance on a disabled CMV.
10. Performing all other functions in or upon a CMV (except resting in a sleeper
berth).
11. When submitting to a test required by this policy.
E. PROHIBITED CONDUCT
Covered employees shall not engage in any of the following conduct while performing,
preparing to perform, or waiting to perform a safety-sensitive function:
1. Covered employees are prohibited from reporting for duty or staying on duty:
a. with a blood alcohol concentration of 0.02 or greater;
b. if in possession of alcohol or products containing alcohol;
c. if consuming alcohol;
d. within four hours after using alcohol; or
e. with a quantifiable presence of marijuana, cocaine, phencyclidine (PCP),
opiates or amphetamines in the body above the minimum thresholds
required by law.
2. Covered employees who have been involved in an accident may not use alcohol
until post-accident testing is done (see Section 1-2) or for a period of eight (8)
hours after the accident, whichever occurs first.
3. Covered employees may not report for duty or stay on safety sensitive duty if
the covered employee uses any controlled substance. Exceptions may be
made in the case of controlled substances prescribed by a licensed medical
practitioner, provided the licensed medical practitioner has indicated that the
substance will not adversely affect the covered employee's ability to perform
safety-sensitive functions, and such usage is reported by the covered employee
to the employee's supervisor.
4. Covered employees may not report for duty or stay on safety sensitive duty if
they have tested positive on a drug and/ or alcohol test or have adulterated or
altered a specimen as evidenced by test results showing either a substance
that is not a normal constituent for that type of specimen or showing an
abnormal concentration of an endogenous substance. A "positive test"
includes a blood alcohol concentration equal to or greater than 0.02 on an
alcohol test, and/ or a positive finding for controlled substances on a drug test.
5. Covered employees shall not directly or through a third party, manufacture,
sell, distribute, dispense, or otherwise attempt to manufacture, sell, or
distribute alcohol, drugs, or controlled substances during work hours,
including meal or rest breaks or while on City premises.
6. Covered employees shall not possess alcohol or drugs while on duty, while on
City property, or in a City vehicle nor shall they use City property or premises
to manufacture, sell, or distribute alcohol, drugs, or controlled substances.
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Sept. 10, 2019 Item #1 Page 61 of 141
7. Covered employees shall not refuse to submit to drug or alcohol testing as
required by federal law or regulation (see Section G), or report to duty or
remain on duty to perform any safety sensitive function after refusing to
submit to testing.
8. A covered employee's absences or tardiness as a result of having been under
the influence of alcohol, drugs, or controlled substances during non-work time
shall be considered unexcused absences.
F. CONSEQUENCES FOR VIOLATIONS
Following a positive drug or alcohol (BAC at or above 0.04) test result or test
refusal, the covered employee will be immediately removed from safety-
sensitive duty and may be referred to a Substance Abuse Professional.
Following a BAC of 0.02 or greater, but less than 0.04, the covered employee
will be immediately removed from safety-sensitive duties for at least eight (8)
hours unless a retest results in the covered employee's alcohol concentration
being less than 0.02.
G. REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST
A covered employee who refuses to submit to alcohol or drug testing required by the
City pursuant to this policy, shall be prohibited from performing or continuing to
perform safety sensitive functions. A covered employee's refusal to submit to alcohol
or drug testing required by the City for any reason shall be considered an act of
insubordination and may result in disciplinary action, up to and including
termination.
Refusal to submit includes, but is not limited to:
1. Failure to provide adequate quantity of breath for alcohol testing, without valid
medical explanation, after being notified of the requirement for breath testing;
2. Failure to provide an adequate quantity of urine sample for drug testing,
without a genuine inability to provide a specimen (as determined by medical
evaluation), after being notified of the requirement for urine testing;
3. Engaging in conduct that clearly obstructs the testing process, i.e., failure to
permit monitoring or observation of provision of a sample;
4. Refusal to sign any required forms, or refusal to otherwise cooperate with the
testing process;
5. Not reporting to the collection site in the time allotted by the supervisor or
manager who directs the covered employee to be tested;
6. Failure to remain at the testing site until the testing process is complete;
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Sept. 10, 2019 Item #1 Page 62 of 141
7. Leaving the scene of an accident without authorization from a supervisor or
manager charged with determining whether or not testing is necessary;
8. Consuming alcohol during the eight (8) hours immediately following an
accident and prior to testing;
9. If the Medical Review Officer (MRO) reports that you have a verified
adulterated or substituted test result;
10. Failure to take a second test if required by the supervisor or manager, or the
test collector; and
11. Failure to undergo a medical exam or evaluation as directed by the MRO, as
part of the verification process. In the case of pre-employment controlled
substance testing this does not apply unless a contingent offer of employment
has been made.
H. DRUG TESTING
Drug testing involves urine sampling and shall be conducted in strict accordance
with the procedures required by the Department of Transportation. The sample shall
be collected in a private location, and split into two specimens for the purpose of
retesting if necessary. Testing shall be conducted by a laboratory certified by the
Department of Health and Human Services.
Urine specimens shall be screened for the following substances:
1 . Amphetamines/Methamphetamines/MDMA (i.e. speed and crystal);
2. Cocaine metabolites;
3. Opiates (i.e. codeine, heroin, and morphine);
4. Phencyclidine (PCP), and
5. THC (Marijuana).
Drug testing is a two-stage process. If an initial screening is positive for one or more
of the above drugs, then a second "confirmation" test will be performed for each
identified drug using state-of-the-art gas chromatography/mass spectrometry
(GC/MS) analysis. GC/MS is used to perform specific test which positively identifies
the presence of a particular substance.
The urine samples also undergo validity testing. This testing evaluates the specimen
to determine if it is consistent with normal human urine. The purpose of validity
testing is to determine whether certain adulterants orforeign substances were added
to the urine, if the urine was diluted, or if the specimen was substituted.
MRO Verification of Positive Test Results
A Medical Review Officer (MRO) will review and verify all positive drug test results
and dilute results. The MRO will be a licensed physician (medical doctor or doctor of
osteopathy) with knowledge of substance abuse disorders and appropriate medical
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Sept. 10, 2019 Item #1 Page 63 of 141
training to interpret and evaluate art affected covered employee's test result, medical
history, and other relevant biomedical information.
Prior to verifying a positive drug test result, the MRO will contact the affected covered
employee, on a confidential basis, to provide the covered employee with an
opportunity to discuss the test result. If, after making reasonable efforts, the MRO is
not able to contact the affected covered employee directly, the MRO will contact the
City Designated Employer Representative (DER). The DER will, in a confidential
manner, immediately contact the covered employee and request that the covered
employee contact the MRO immediately. The DER will then notify the MRO that this
request has been made of the covered employee. The DER will also inform the
covered employee of the consequences of failing to contact the MRO within the next
72 hours.
The MRO may verify the positive and dilute test result without input from the
affected employee:
1. If the employee specifically declines to discuss the test result; or
2. If, after making reasonable efforts, neither the MRO nor the DER is able to
contact the affected covered employee within 10 days after the MRO receives
the positive test result from the laboratory; or
3. If the covered employee fails to contact the MRO within 72 hours after being
requested to do so by the DER.
4. In the case of a dilute result the MRO may request the covered employee to
submit to a repeat test upon learning of this result. The recollection may be
ordered under observation and with a minimum of advanced notice.
If a serious injury or illness or other unavoidable circumstances prevented the
covered employee from contacting the MRO within the above time frames, the covered
employee may present documentation of the injury, illness or circumstances to the
MRO within 60 days of the verification. The MRO may elect, based on the
information, to reopen the verification and allow the covered employee an opportunity
to provide a legitimate explanation for the positive test result. If the MRO concludes
that there is a legitimate explanation the MRO will declare the test result to be
negative.
Notification of Tests Results by MRO and Testin~ of Split Specimen
If the MRO verifies a positive drug test result, the MRO will notify the DER. In
addition, the MRO will notify and advise the affected covered employee that the
covered employee has 72 hours from the time of notification in which to request a
test of the split specimen. If the covered employee makes such a request, the MRO
will direct the laboratory who conducted the primary test to provide the split
specimen to another certified laboratory for analysis.
If the analysis of the split specimen fails to reconfirm the presence of drugs or if the
split specimen is unavailable, inadequate for testing, or untestable, the MRO shall
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I.
cancel the test and report the reasons for the cancellation to the Department of
Transportation, the City DER and the affected covered employee. If the split
specimen is reconfirmed, the MRO shall notify the DER and the covered employee of
the test results.
If a serious injury or illness or other unavoidable circumstances prevented the
covered employee from contacting the MRO within 72 hours to request a test of the
split specimen, the covered employee may present documentation of the injury,
illness or circumstances to the MRO. If the MRO concludes that there is a legitimate
explanation for the covered employee's failure to contact the MRO within 72 hours,
the MRO shall direct that the analysis of the split specimen be performed.
Notification of Test Results by City
The Designated Employer Representative will notify an applicant of the results of a
pre-employment drug test if the applicant requests the results within 60 calendar
days after having been notified of the disposition of the employment application. The
Designated Employer Representative will notify a covered employee of the results of a
random, reasonable suspicion, or post-accident drug test if the test results are
verified positive. The Designated Employer Representative will also notify the covered
employee which drug(s) were verified as positive.
ALCOHOL TESTING
Alcohol testing will meet federal regulations requiring the use of an evidential breath-
testing device (EBT) approved by the National Highway Traffic Safety Administration
(NHTSA). The alcohol screening will be performed by a trained and certified Breath
Alcohol Technician (BAT). An alcohol testing form will be completed by the covered
employee and the BAT to ensure the results are properly recorded.
Two breath tests are required to determine if the covered employee has a prohibited
alcohol concentration. An initial screening test will be conducted first, and any
result less than 0.02 alcohol concentration will be considered a negative test with no
further testing required.
If the alcohol concentration is 0.02 or greater, a second "confirmation" test shall be
conducted. When a confirmation test is required, the EBT equipment shall print the
screening and confirmation test numbers in sequential order. The device shall also
print the result, date and time of both tests, along with the name and serial number
of the EBT equipment in order to ensure the reliability of the results.
J. TYPES OF TESTS REQUIRED
The following tests are required by the regulations for covered employees who
perform safety sensitive functions:
1. Pre-employment/Pre-Duty Testing;
Pre-employment alcohol tests are conducted after making a conditional offer of
employment or transfer. All applicants for classifications which are covered by
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this policy, including covered employees who transfer from non-covered to.
covered classifications, will be required to submit to pre-employment/pre-duty
drug testing after a conditional offer of employment or transfer is made and
prior to performing safety sensitive functions. Applicants will not be hired,
assigned and/ or transferred to a safety sensitive function if they refuse to take
a drug test or have a positive test result. Similarly, a negative pre-employment
drug test result is required before covered employee can first perform safety-
sensitive functions. If a pre-employment test is cancelled, the individual will
be required to undergo another test and successfully pass with a verified
negative result before performing safety-sensitive functions.
Covered applicants who have previously failed or refused a DOT pre-
employment drug and/ or alcohol test with a prior employer must provide proof
of having successfully completed a referral, evaluation , and treatment plan
meeting DOT requirements.
2. Post-Accident
Post-accident alcohol testing will be conducted on all covered employees as
soon as practicable following:
a. an accident involving a human fatality; or .
b. an accident for which the covered employee receives, within eight hours
after the accident, a traffic citation for a moving violation and one of
following also occurs:
(1) bodily injury necessitating immediate receipt of medical
treatment away from the accident scene; or
(2) vehicle damage necessitating the vehicle be towed away from the
accident scene.
In addition, any other covered employee whose performance could have
contributed to the accident, as determined by the City using the best
information available at the time of the decision, will be tested.
The above testing requirements do not apply to:
a. an accident involving only boarding or alighting from a stationary
motor vehicle;
b. an accident involving only the loading or unloading of cargo; or
c. an accident that occurs in the course of operating a passenger car or a
multipurpose passenger vehicle unless the motor vehicle is transporting
passengers for hire or the motor vehicle is required to be placarded
under the Department of Transportation hazardous material
regulations.
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3.
Post-accident alcohol tests should be administered within 2 hours, but not
later than 8 hours following an accident. A post-accident drug test must be
conducted within 32 hours following the accident. If an alcohol test is not
administered within 2 hours or a drug test is not administered within 32
hours following an accident, the City shall prepare and maintain a record
stating the reasons the test was not promptly administered.
A covered employee who is subject to post-accident testing must remain
readily available for such testing or may be deemed as refusing to submit to
testing. However, this requirement should not prohibit a covered employee
from leaving the scene of an accident to request assistance in responding to
the accident, or delay obtaining necessary emergency medical treatment for
any injured people.
A covered employee will not be allowed to consume any alcohol for up to 8
hours after an accident unless the covered employee has already been tested
regarding the specific accident or the covered employee has been specifically
released from the testing obligation.
Random testin2
Random drug and alcohol tests are unannounced and unpredictable, and the
dates for administering random tests are spread reasonably throughout the
calendar year.
Covered employees will be subject to and must submit to random drug and
alcohol testing as follows:
Each year the City will conduct a number of random alcohol tests equal to at
least 10%ofthe average number of covered employees. This percentage rate
may be adjusted in the future based on the nationwide violation rates. A
random al coho I test will only be administered just prior to or while the covered
employee is performing a safety sensitive function, or just after the covered
employee has stopped performing a safety sensitive function.
Each year the City will conduct a number of random drug tests equal to at
least 50%of the average number of covered employees. This percentage rate
may also be adjusted in the future based on the nationwide violation rates. A
random drug test may be administered at any time while on duty, regardless of
the functions being performed.
The City will select covered employees for random alcohol and controlled
substances using a scientifically valid method, such as a random number
table or a computer-based random number generator that is matched with
employee numbers or other comparable identifying numbers. Tests will be
unannounced and spread throughout the calendar year.
Under the selection process used, each covered employee shall have an equal
chance of being tested each time selections are made. Consequently, some
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covered employees may be tested more than once a year, while other may not
be tested at all. Once a covered employee has been notified that he or she has
been selected for testing, he or she must be available for testing and must
proceed to the testing site immediately.
4. Reasonable Suspicion
The City will require a covered employee to submit to an alcohol and/or drug
test whenever a trained City official or supervisor has reasonable suspicion
that the covered employee has violated the prohibitions in this policy
concerning alcohol and drug use. The determination that reasonable
suspicion exists for alcohol and/ or drug testing must be based on specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the covered employee. For drug testing, the
observations may also include indications of the chronic and withdrawal
effects of drugs.
Alcohol testing under this section will only occur if the observations described
above are made just prior to or while the· covered employee is performing
safety-sensitive functions, or just after the covered employee has stopped
performing such functions. The alcohol test should be administered within
two hours, but cannot be administered any later than eight hours, following
the determination that there is reasonable suspicion for the test. If the alcohol
test is not administered within eight hours, the DER shall prepare and
maintain a record stating the reasons for not administering the test.
Even when a reasonable suspicion alcohol test is not administered under this
section, if a trained City official or supervisor has reasonable suspicion that a
covered employee is under the influence of or impaired by alcohol, the covered
employee may not report for or perform safety-sensitive functions until either:
a . An alcohol test is administered and the covered employee's alcohol
concentration measures less than 0.02; or
b. Twenty-four hours have elapsed following the reasonable suspicion
determination.
The trained City official or supervisor who made the observations leading to a
reasonable suspicion alcohol or drug test must make and sign a written record
of those observations within 24 hours of the observations or before the results
of the test are released, whichever is earlier.
To ensure that supervisors are trained to make reasonable suspicion
determinations, those vested with such authority will attend at least one hour
of training on drug use and at least one hour oftraining on alcohol misuse.
The training will cover the physical, behavioral, speech and performance
indicators of probable alcohol misuse and use of drugs.
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s. Return-to-duty/Follow-up
Any covered employee who has violated the provisions of this policy, and who
the City continues to employ, must submit to a return-to-duty alcohol or drug
test before they can return to their safety-sensitive position. The alcohol test
must indicate an alcohol concentration of less than 0.02 and the drug test
must have a verified negative result.
In addition, if a covered employee tests positive on an alcohol or drug test
administered under this policy and the City decides to continue to employ this
individual, the covered employee will be evaluated by a Substance Abuse
Professional (SAP) to determine what assistance the covered employee needs in
resolving problems associated with alcohol misuse or drug use. If the SAP
determines that the covered employee requires such assistance, the covered
employee will be subject to unannounced follow-up alcohol or drug tests
following the employee's return to duty. The number and frequency of the
follow-up tests shall be determined by the SAP, but will consist of at least six
unannounced follow-up tests in the first 12 months following the covered
employee's return to duty and the testing period may continue up to a period
of 60 months.
Foil ow-up alcohol testing will be conducted just prior to or while the covered
employee is performing safety-sensitive functions, or just after the covered
employee has stopped performing such functions.
K. PRESCRIPTION DRUG USE
Prescription drugs shall not be possessed or used by a covered employee other than
the covered employee for whom the drug is prescribed by a licensed medical
practitioner. A prescription drug shall be used only in the manner, combination, and
quantity prescribed. A covered employee must advise his or her supervisor of the use
or influence of any prescription drug prior to beginning work, when taking the
medication or drug could interfere with the safe and effective performance of duties,
or the operation of a City vehicle, such that the covered employee poses a direct
threat to the health and safety of himself /herself or others.
A covered employee's failure to provide this notice in a timely manner can result in
discipline, up to and including termination of employment. In the event there is a
question regarding a covered employee's ability to safety and effectively perform
assigned duties while using such medications or drugs, clearance from a qualified
physician may be required.
L. CONSEOUENCES OF POSITIVE TEST RESULTS
If results of a post-accident, random, or reasonable suspicion alcohol or drug test are
positive, or if a covered employee has refused a test (including adulterating or
substituting a urine sample), the City will take the following actions:
1. Immediately remove any covered employee who has engaged in prohibited
drug or alcohol use from his or her safety sensitive functions.
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M.
2. A covered employee whose alcohol test indicates an alcohol concentration level
of greater than 0.02, but less than .04, will be removed from his or her safety
sensitive duties and other assigned duties for at least 24 hours, and will be
subject to disciplinary action, up to and including termination. The covered
employee will be retested before returning to safety sensitive duties.
3. If a covered employee tests positive for drugs, or if the alcohol concentration
level is 0.04 or greater, the covered employee will be removed from his or her
safety-sensitive position until an evaluation has been completed by a
Substance Abuse Professional (SAP)l and any recommended treatment is
concluded as determined by the SAP. A satisfactory return-to-duty test must
be achieved before the covered employee can return to safety sensitive duties.
4 . A positive alcohol or drug test will be the basis for disciplinary action, up to
and including termination.
5. A violation of this policy also constitutes a violation of the City's general Drug
and Alcohol policy, and disciplinary action will be implemented, up to and
including termination. Discipline may be imposed regardless of whether or
not a covered employee is convicted of any crime related to any violation of this
policy.
6. A covered employee's violation of the City's Drug and Alcohol policy that may
constitute criminal conduct or violation of the DOT regulations may be
reported to the appropriate law enforcement agencies or subject the covered
employee to civil penalties.
SJIBSTANCE ABUSE PROFESSIONAL
The City will provide only an assessment by a Substance Abuse Professional. If
employment is continued, the City has no obligation to provide or pay for further
treatment or rehabilitation, as this is the responsibility of the .covered employee.
However, some financial assistance may be available under the City's health
insurance plan.
N. COVERED EMPLOYEE ASSISTANCE PROGRAM
The City has retained the services of an Employee Assistance Program (EAP).
Covered employees with drug or alcohol problems are encouraged to consult with the
EAP and obtain services in accordance with regular City procedures.
o. RECORD KEEPING
Records shall be maintained on test results, prevention programs, policies, training,
drug use and alcohol misuse, refusals to submit to testing, covered employee
evaluations, and the annual summary of the City's testing program. The retention
period for the records is as follows:
1 A Substance Abuse Professional is a licensed physician, psychologist, social worker, or addiction counselor
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1. Five-Year Retention Period
This pertains to the results of alcohol tests of 0.02 or higher, verified positive
drug tests, documentation of any covered employee who has refused to submit
to a required drug or alcohol test, calibration documents, covered employee
assessments and referrals by the Substance Abuse Professionals, documents
related to the administration of the testing program, and each calendar year
summary.
2. Two-Year Retention Period
This pertains to records documenting the collection process for the drug and
alcohol tests, and training of supervisors.
3. One-Year Retention Period
This pertains to any alcohol test results that are less than 0.02 and the
documentation of any negative or canceled drug test.
Indefinite Retention Period
This pertains to records of the education and training of breath alcohol technicians,
screening test technicians, supervisors, and covered employees. These records shall
be maintained by the City ( or, where appropriate, the City's testing agent) during the
period the individual who is the subject of the records performs the functions which
require the training and for two years after the individual ceases to perform those
functions.
Confidentiality of Records
Laboratory reports or test results shall not appear in a covered employee's general
personnel folder, except when a covered employee is disciplined because of the
results of those tests. All test results and report information will be contained in a
separate confidential medical file that will be kept under the control of the DER. Test
results may be disclosed to City management on a need-to-know basis and to the
tested covered employee, or to the designated representative of the tested covered
employee upon written request from the covered employee.
All records will be kept strictly confidential; however, the regulations require that
they be made available for inspection at the City within two business days following a
request by an authorized person as listed below.
P. ACCESS JO RECORDS
The following agencies shall have access to all testing records without the verbal or
written consent of covered employees:
1. the City of Carlsbad decision-makers in proceedings initiated either by the City
or the covered employee as a result of testing;
2. the Department of Transportation or any state or local official with regulatory
authority over the City or any of its covered employees; or
3. the National Transportation Safety Board when conducting an investigation of
an accident where drug and/ or alcohol testing was performed.
4. All who are listed in FMCSR's (382.405)
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Q. TRAINING
The City will provide information concerning the City's procedures regarding drug
use and alcohol misuse to supervisors and covered employees. City training shall
include one (1) hour of training for covered employees and two (2) hours of training
for supervisors on the topics required by the Department of Transportation.
R. NOTICE TO COVERED EMPLOYEES ·
s.
Covered employees will receive a copy of this policy prior to its effective date.
Covered employees who are hired after the effective date shall be given a copy at the
time they begin employment with the City.
COMPLIANCE WITH FEDERAL LAW
At all times, the City will comply with the current applicable federal law concerning
drug and alcohol testing. Issues or inconsistencies that are not addressed in this
policy will be determined by referring to the law and official regulations outlining
policies and procedures, etc. relative to the law. Due to the complexities involving
the law and this type of policy, not all of the particulars may necessarily be covered
in this policy. The City reserves the right to make changes to this policy that are
mandated by law at any time.
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APPENDIX A
LIST OF COVERED CLASSIFICATIONS
The following job classifications require or utilize a commercial driver's license, and are therefore subject to the provisions
of this policy:
PARKS AND RECREATION
Bus Driver, part-time (if employee possesses a commercial driver's license)
Senior Recreation Leader, part-time (if employee possesses a commercial driver's license)
Tree Trimmer I & II
Tree Trimmer Leadworker
Park Maintenance Worker II (if employee possesses a commercial driver's license)
Park Maintenance Worker III (if employee possesses a commercial driver's license)
Parks/Trees Supervisor (if employee possesses a commercial driver's license)
PUBLIC WORKS
Equipment Service Worker (if employee possesses a commercial driver's license)
Equipment Technician I (if employee possesses a commercial driver's license)
Equipment Technician II
Lead Equipment Technician
Public Works Supervisor (if employee possesses a commercial driver's license)
Maintenance Worker (if employee possesses a commercial driver's license)
Street Maintenance Worker II
Street Maintenance Worker III
Senior Storm Drain Maintenance Worker
Sanitation Systems Operator I
Sanitation Systems Operator II & III
Utility Worker I
Utility Worker II
Utility Worker III
Utilities Supervisor (if employee possesses a commercial driver' s license)
Wastewater Utility Worker I
Wastewater Utility Worker II
Wastewater Utility Worker HI
POLICE:
Any employee in a CPO A-represented classification who operates the Public Safety Command Post vehicle.
Revised 9/1 0/19
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Appendix B
DEFINITIONS
1. "Accident" -an incident involving a commercial motor vehicle in which there is a fatality, or a citation was issued
and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene.
2. "Actual knowledge" means actual knowledge by an employer that a covered employee has used alcohol or
controlled substances based on the employer's direct observation of the covered employee, information provided by
the covered employee's previous employer(s), a traffic citation for driving a CMV while under the influence of
alcohol or controlled substances or a covered employee's admission of alcohol or controlled substance use, except
as provided in Sec. 382.12 I. Direct observation as used in this definition means observation of alcohol or controlled
substances use and does not include observation of covered employee behavior or physical characteristics sufficient
to warrant reasonable suspicion testing under Sec. 382.307.
3. "Adulterated Specimen" -A specimen that contains a substance that is not expected to be present in human urine,
or contains a substance expected to be present but is at a concentration so high that it is not consistent with human
urine.
4. "Alcohol" -means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols
including methyl or isopropyl alcohol. References to use or possession of any beverage, mixture or preparation
containing ethyl alcohol (including any medication containing alcohol).
5. "Alcohol Test" -A test conducted by a Breath Alcohol Technician, or any other person approved by the DOT
rules, using an Evidential Breath Testing Device to measure the amount of alcohol concentration in a volume of
breath, or any other test used to detect the presence of alcohol that is approved by the Federal Highway
Administration (FHWA).
6. "Alcohol Use" -the consumption of any beverage, mixture, or preparation, including any medication containing
alcohol.
7. "ASD" -Alcohol Screening Device (a non-evidential tester).
8. "Breath Alcohol Technician (BAT)" -means an individual trained to proficiency and certified in the use of an
evidential breath testing device.
9. "Cancelled Test" -means a test has been declared invalid by a Medical Review Officer (MRO) for drug testing or
for alcohol under 40.273 ( 1-3) of 49 CFR.
10. "CDL" -means a Commercial Driver's License.
11. "CFR" -Code of Federal Regulation.
12. "Chain of Custody" -the procedures used to document the handling of the urine specimen from the time the
covered employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the
Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen
by tracking its handling and storage from the point of specimen collection to its final disposition.
13. "Collection Site" -a place where individuals present themselves for the purpose of providing breath or body fluid
to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment,
facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment
of the specimens to a laboratory.
14. "Commercial Motor Vehicle" -a motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
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a) Has a gross combination weight of26,001 or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; or
b) Has a gross vehicle weight rating of 26,00 I or more pounds; or
c) ls designed to transport 16 or more passengers, including the driver; or
d) Is of any size and is used in the transportation of hazardous materials requiring placards.
15. "Confirmation Test" -for alcohol testing, a confirmation test means a second test following a screening test with a
result ofD.02 or greater, that provides a quantitative data of alcohol concentration. Confirmation of the screening
test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety
Administration's (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result
and air blank, and must sequentially number each test. For controlled substances testing, a confirmation test means
a second analytical procedure to identify the presence of specific drug metabolite which is independent of the screen
test and which uses a different technique and chemical principle from that of the screen in order to ensure reliability
and accuracy. Gas Chromatography/Mass Spectrometry (GCMS) is the authorized confirmation method for
cocaine, marijuana, opiates, amphetamines, and phencyclidine.
16. "Controlled Substances/Drugs" -for purposes of these procedures, controlled substances or drugs are cocaine,
marijuana, opiates, amphetamines, phencyclidine and any other substance determined by the U.S. Department of
Transportation to be a controlled substance.
17. "Controlled substance ( or Drug) Test" -a method for determining the presence of controlled substances in a
urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR
40.
18. "CPL" -Conforming Products List.
19. "DER" -Designated Employer Representative
20. "DHHS" -means the United States Department of Health & Human Services.
21. "DOT" -means the United States Department ofTransportation.
22. "Drug & Alcohol Policy" -policy set up by the City of Carlsbad to provide the necessary elements to promote a
drug free working environment. Hereinafter referred to as Policy.
23. "EAP" -means an Employee Assistance Program provided by the City of Carlsbad to assist its covered employees
in dealing with drug or alcohol dependency or other personal problems.
24. "Employee" -means any person employed by the City of Carlsbad.
25. "Employer" -means a person or entity employing one or more employees (including an individual who is self-
employed) that is subject to DOT agency regulations requiring compliance with this part. Employer also means the
entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals
employed by the entity who take personnel actions resulting from violations of this part and any applicable DOT
agency regulations. Service agents are not employers.
26. "Evidential Breath Testing Device (EBT)" -a device approved by the NHTSA and placed on NHTSA's
Conforming Products List and is used for the evidential testing of breath.
27. "FHWA" -Federal Highway Administration.
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29. "Fl'A" -Federal TransportationAdministration
30. "MIS" -Management Information Systems.
31. "Medical Review Officer (MRO)" -a licensed physician (medical doctor or doctor of osteopathy) responsible for
receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together
with his or her medical history and any other relevant biomedical information.
32. "NHTSA" -National Highway Traffic Safety Administration.
33. "NIST" -National Institute of Standard and Technology.
34. "Non-negative Test Result (alcohol breath test result)" -an alcohol breath test result between .02 and .039.
35. "NPRM" -Notice of Proposed Rule Making.
36. "On Duty Time" -all time from the time a covered employee begins to work or is required to be available. "On
Duty Time" shall include:
a) All time at a Can-ier or shipper plant, terminal, facility, or other property, or on any public property,
waiting to be dispatched, unless the covered employee has been relieved from duty by employer,
b) All time spent inspecting, servicing, or conditioning any commercial motor vehicle or any equipment
at anytime,
c) All driving time,
d) All time spent, other than driving time, in or upon any commercial motor vehicle except time spent
resting in a sleeper berth,
e) All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in
giving or receiving receipts for shipments loaded orunloaded,
f) All time spent performing the covered employee requirements relating to accidents,
g) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
37. "Performing a Safety-Sensitive Function" -a covered employee is considered to be performing a safety-sensitive
function during any period in which he or she is actually performing, ready to perform, or immediately available to
perform any safety-sensitive function.
38. "QAP"-Quality Assurance Program.
39. "Refusal to Submit (to an alcohol or controlled substances test) means that a covered employee:"
1) fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the
employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.
2) fails to remain at the testing site before the testing process is complete, provided that the covered employee
leaves the testing site before the testing process commences.
3) fails to provide a urine specimen for any drug test required by any DOT agency regulations;
4) in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or
monitoring of the covered employee's provision of a specimen;
5) fails to provide a sufficient amount of urine when directed, and it has been determined, through a required
medical evaluation, that there was no adequate medical explanation for the failure
6) fails or declines to take a second test the employer or collector has directed the covered employee to take;
7) fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification
process, or as directed by the DER under this policy. In the case of a pre-employment drug test, the covered
employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following
a contingent offer of employment;
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8) fails to cooperate (refuses to empty pockets when so directed by the collector or behaves in a confrontational
way that disrupts the collection process);
9) is reported by the MRO as having a verified adulterated or substituted test result. Any covered employee who
has been determined to have "refused to test" will face the same consequences as testing positive and will be
immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met.
40. "Safety-Sensitive Function" -any of the following duties:
Operating a revenue service vehicle, including when not in revenue service (covered employees and others
required to operate revenue vehicles as part of their job duties):
Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial
Driver's License;
Control I ing dispatch or movement of a revenue service vehicle ( dispatchers or those who as part of their
job duties fill in for a dispatcher or cross-train):
Maintaining a revenue service vehicle or equipment used in revenue service (mechanics, service
mechanics, service helpers, and vehicle washers);
Any other employee required to hold a CDL as part of their job requirements (site Supervisors, Operations
Supervisors, Site Office Personnel, etc.)
41. "Substance Abuse Professional (SAP)" -a licensed physician (medical doctor or doctor of osteopathy), or a
licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor ( certified
by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge
of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
42. "Screening Test (also known as an initial test)" -
In alcohol testing, a screening test means an analytical procedure to determine whether a covered employee
may have prohibited concentration of alcohol in his or her system.
In controlled substances testing, a screening test means an immunoassay screen (or other DHHS-approved
test) to eliminate "negative" urine specimens from further consideration.
43. "Service Agent" -any person or entity, other than an employee of the employer, who provides services specified
under this part to employers and/or covered employees in connection with DOT drug and alcohol testing
requirements. This includes, but is not limited to, collectors, BA Ts, laboratories, MR Os, substance abuse
professionals, and TPAs. To act as service agents, persons and organizations must meet the qualifications set forth
in applicable sections of this part. Service agents are not employers for purposes of this part.
44. "Split Sample" -an additional sample collected with the original specimen, to be tested in the event the original
specimen tests positive.
45. "SIT" -Screening Test Tec_hnician.
46. "Substituted Specimen" -a specimen with creatinine and specific gravity values that are so diminished that they
are not consistent with human urine.
47. Third Party Administrator (TPA)" -a service agent that provides or coordinates the provision of a variety of
drug and alcohol testing services to employers. TPA's typically performing administrative tasks concerning the
operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of
employers who join to administer, as a single entity, the DOT drug and alcohol testing programs of its members.
TPA's are not "employers" for purposes of this part.
48. "Verified Negative Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined
to have no evidence of prohibited drug use.
49. "Verified Positive Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined
to have evidence of prohibited drug use.
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Appendix C
TESTING PROCEDURES
A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES
A collector is a trained person who instructs and assists covered employees at a collection site, who receives and makes an
initial inspection of the urine specimen provided by those covered employees, and who initiates and completes the Federal
Drug Testing Custody and Control Form (CCF). The collector assures the integrity of the specimen and collection process,
and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a DOT
urine drug screen collection:
I. A restroom or stall with a toilet is provided for the covered employee to have privacy while providing the urine
specimen. A source of water for washing hands, or moist towelettes must be provided.
2. Unauthorized persons are not allowed at the testing site during the collection.
3. The collector will prepare the site, taping off water supplies, removing soap and cleaning agents, and will blue the
toilet water.
4. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the
collector. The covered employee can request the full name and employer of the collector. The collector fills in the
Custody and Control Form.
5. The covered employee must remove any outer garments and leave handbags, etc. with the collector. The covered
employee may keep his/her wallet and may request a receipt for the belongings left with the collector. The covered
employee must also empty his/her pockets and display the items in them. If none of the items can be used to
adulterate a specimen, the covered employee may place the items back into his/her pockets. If any of the items
could be used to adulterate a specimen and appear to have been brought to the collection site for that purpose, a
directly observed collection will be taken. · Failure to comply with this requirement constitutes a refusal to test. The
covered employee is to wash hands prior to urination.
6. The collector allows the covered employee to select the collection kit, and unwraps or breaks the seal on the
container in the presence of the covered employee.
7. The collector instructs the covered employee to provide a specimen of at least 45 ml, not to flush the toilet, and to
bring the specimen out to the collector.
8. The collector is to pay close attention to the covered employee during the entire process to note any conduct that
clearly indicates an attempt to substitute or adulterate a specimen. The collector ensures the temperature of the
specimen falls within the prescribed range, checks the volume, and inspects the specimen for any unusual objects,
color or smell.
9. After the covered employee hands the collection container to the collector, the collector unwraps or opens the
specimen bottles. The collector pours at least 30 ml of urine from the collection container into one specimen bottle
(A), and 15 ml into the other specimen bottle (B). The bottles are closed and the correct seals are placed over each
cover. The collector writes the date on each seal and the covered employee initials under each date.
10. With the bottles now sealed with tamper-evident tape, the specimen does not have to be under the covered
employee's direct observation and the covered employee is allowed to wash their hands if they desire.
11. The collector completes the collector's portion of the Custody and Control Form, and has the covered employee
complete the certification statement in step 5 of copy 2 of the CCF.
12. The collector places the specimen bottles and copy 1 of the CCF inside the plastic pouch and seals both pouches.
The covered employee is given copy 5.
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13. The excess urine is discarded and the specimen pouch is put in a shipping container. The covered employee is now
allowed to leave the collection site.
14. The collector is responsible for ensuring the security and the integrity of the specimen until the courier picks up the
specimen for transport to the laboratory.
B. PROCEDURES WHEN COVERED EMPLOYEE CANNOT PRODUCE THE REQUIRED AMOUNT OF
URINE (SHY BLADDER)
The term "shy bladder" refers to a situation when the covered employee does not provide a sufficient amount of urine (45
ml) for a DOT required drug test. If a covered employee tells the collector, upon arrival at the collection site, that he or she
cannot provide a specimen, the collector must still begin the collection procedure regardless of the reason given. The
collector should tell the covered employee that most individuals can provide 45 ml of urine, even when they think they
cannot urinate, and direct the covered employee to make the attempt to provide the specimen.
If the covered employee provided an initial insufficient specimen, the collector discards the insufficient specimen, and makes
a note on the CCF starting the time-line of the "shy bladder" procedure. The collector explains to the covered employee the
process for a shy bladder collection and urges the covered employee to drink up to 40 ounces of fluids, distributed
reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever
occurs first. The covered employee must be monitored during this time, and the collector must specifically tell the covered
employee that they are not to leave the collection site. If the covered employee leaves the collection site or refuses to make
the attempt to provide a sufficient urine specimen, this is considered a refusal to submit to a test. A refusal to test will carry
the same consequences as a positive test result. L
If the covered employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide
a specimen, the collector must discontinue the collection, note the fact on the CCF, and immediately notify the DER that the
covered employee's inability to provide a specimen will require a medical evaluation.
Failure to produce a sample of urine will result in an immediate referral for an evaluation from a licensed physician who can
determine in his or her reasonable judgment the safety-sensitive covered employee's inability to provide an adequate amount of
urine. If no medical reason is found substantiating an inadequate sample, the incident will be treated as a "refusal to test" and
will carry the same consequences as a positive testresult.
Whenever there is reason to believe that a particular individual has altered or substituted the urine specimen, a second
specimen shall be obtained as soon as possible under direct observation of a same gender collection site person. Reasons for
observed testing include temperature of the specimen out of normal range, discoloration or unusual odor of the sample or
suspicious behavior.
C. GENERAL BREATH ALCOHOL TESTING PROCEDURES
A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a DOT
breath alcohol test. The BAT wi ll instruct and assist the covered employee in providing a breath alcohol sample, and will
complete the Federal DOT Breath Alcohol Testing Form (ATP). The BAT assures the integrity of the test and testing
process and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a
DOT breath alcohol test:
1. The collection site must afford visual and aural privacy to the covered employee, sufficient to prevent unauthorized
persons from seeing or hearing test results.
2. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the
BAT. The covered employee can request the full name and employer of the BAT. The BAT explains the testing
process and completes step I of the ATP.
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3. The BAT then directs the covered employee to complete step 2 of the A 1 F and sign the certification. If the covered
employee refuses to sign this _certification, the BAT will note this on the ATF, and immediately notify the DER.
This is a refusal to submit to testing.
4. The BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test
number. The covered employee is to see the blank test is 0.0 and to confirm the test number for his/her test.
5. The BAT will select and open a sealed mouthpiece and insert it into the EBT. The covered employee is now
instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained. (If after two
attempts an insufficient amount of breath is provided, the test is cancelled, the result noted on the ATF, and the
. DER notified. This is a refusal to submit).
6. The BAT will show the covered employee the test result and complete step 3 of the ATF. The printed result will be
initialed by the covered employee and affixed to the A TF with tamper evident tape. The result will also be entered
into the logbook.
7. If the test result is less than .02 the test is complete. The covered employee is given copy 2 of the ATF and is
allowed to leave the test site.
8. If the initial-screening test is greater than .02 breath alcohol content, the covered employee must submit to a
confirmation test.
9. The covered employee must be observed for 15 minutes at which time they are not allowed to eat, drink, or put any
substance in their mouth and to the best extent possible, not belch. This waiting period is required to prevent any
accumulation of mouth alcohol leading to an artificially high reading.
10. After 15 minutes but before 30 minutes the covered employee will submit to a confirmation test conducted the same
as the screening test.
11. Confirmation test results shall be deemed to be the final result upon which any action under operating
administration rules shall be based.
D. PRE-EMPLOYMENT TESTING PROCEDURES
The FT A regulations require that all applicants for employment in safety-sensitive positions or individuals being transferred
to safety-sensitive positions from non-safety-sensitive positions must be given pre-employment drug tests.
1. Applicants may not be hired or assigned to a safety-sensitive function unless they pass a drugtest.
2. Applicants will be informed in writing of the testing requirements prior to conducting the test.
3. All drug test results must be reviewed by the Medical review Officer (MRO).
4. Applicants that initially test positive are notified of the results by the MRO and are given an opportunity to discuss
the results.
E. REASONABLE SUSPICION TESTING PROCEDURES
The FT A regulations also require a safety-sensitive covered employee to submit to a test when the employer has a reasonable
suspicion that the safety-sensitive covered employee has used a prohibited drug or has misused alcohol as defined in the
regulations and company policy. The request to undergo a reasonable suspicion test must b-e based on specific,
contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive
covered employee.
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1. Designated covered employees with supervisory responsibilities shall receive training in order to identify behaviors
that might be indicators of drug use and/or alcohol misuse. Training includes the procedures for how to deal with
covered employees suspected of drug use and/or alcohol misuse.
2. If a supervisor observes behavior that might be indicative of drug use and/or alcohol misuse, the supervisor will
direct the safety-sensitive covered employee to stop work and escorts the safety-sensitive covered employee to an
area to be questioned and observed in private.
3. The supervisor must ensure that.the safety-sensitive covered employee does not continue to operate in a safety-
sensitive function after identified reasonable suspicion testing. Tfthere is a decision to test based on observable
symptoms, the safety-sensitive covered employee is ordered to submit to a drug and/or alcohol test and is taken to
the collection site by an employer representative and at the completion of testing, an offer of transportation to home
wi ll be made.
4. If there is a confirmed breath alcohol test of between .02% and .039%, the safety-sensitive covered employee will
be relieved from safety-sensitive duty immediately for a minimum of (24) hours or until the next scheduled work
day.
5. If there is a confirmed breath alcohol test (.04 or above) and/or confirmed positive drug test the safety-sensitive
covered employee will be removed fro m hi s/her safety-sensitive duty immediately. A safety-sensitive covered
employee cannot return to work until he/she has been released by a SAP, successfully completes the required
rehabilitation, and passes a return-to-duty test.
6. If an alcohol test is not administered within two hours following the determination for reasonable suspicion testing,
the supervisor shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly
administered. If the alcohol test is not administered in eight hours fo llowing the determination for reasonable
suspicion testing, the supervisor wi ll cease all attempts and shall state the reasons for not administering the test.
7. A written record shall be made of the observations leading to a controlled substance or alcohol misuse reasonable
suspicion test, and signed by the supervisor or company official who made the observations within 24 hours of the
observed behavior or before the results of the controlled substance test are release, whichever is earlier.
F. POST-ACCIDENT TESTING PROCEDURES FORFMCSA
The FMC SA regulations require testing for prohibited drugs and alcohol in the case of certain commercial motor vehicle
accidents. Post-accident testing is mandatory for accidents where there is a loss of human life and for other non-fatal
accidents.
1. The supervisor ensures that all injured people receive proper medical care.
2. A post-accident test is determined by the fo llowing situations:
Type of Accident Involved: Citation Issued: Test Must be Performed:
Human Fatality YES YES
NO YES
Bodily injury with immediate medical YES YES
treatment away from the scene
NO NO
Disabling damage to any motor YES YES
vehicle requiring tow away
NO NO
Exceptions: You must not conduct a FMCSA DOT test if the following exceptions occur;
► An occurrence involving only barding or alighting from a stationary motor vehicle; or
► An occurrence involving only the loading or unloading of cargo; or
► An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle by
an employer unless the motor vehicle is transporting passengers for hire or placarded hazardous
materials
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3. The safety-sensitive covered employee will be taken to the collection site and tested as soon as practicable
following the accident. The breath alcohol test should be performed within two hours of the accident. If the breath
alcohol test is not performed within two hours, the supervisor shall prepare and maintain on file a record stating the
reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours
following the accident, the supervisor shall cease all attempts and update the records accordingly. The safety-
sensitive covered employee should remain readily available for breath alcohol testing for up to eight hours
following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or
he/she may be deemed to have refused to submit to testing. The City of Carlsbad will document all accidents of
covered employees and their decision whether to test under FMCSA's rule or The City of Carlsbad's authority.
4. If the safety-sensitive covered employee is injured and needs medical treatment, provisions will be made to perform
an alcohol test within eight hours and a drug test within 32 hours of the accident.
5. The safety-sensitive covered employee is prohibited from using alcohol for eight hours, prior to testing.
6. Pending the results of a drug test, the safety-sensitive covered employee will be returned to his/her safety-sensitive
position if medically cleared to be returned to work, on a case-by-case basis. Tn the interest of safety, the
supervisor, or designee, may transfer a safety-sensitive covered employee to a non-safety-sensitive status pending
the results of the test.
7. If the safety-sensitive covered employee is tested for alcohol, and the test is positive (.04 or greater), the safety-
sensitive covered employee will be removed from duty and referred to the SAP. If the test is .02 -.039, the safety-
sensitive covered employee will be removed from duty for at least 24 hours.
8. If the safety-sensitive covered employee refuses to be tested or if the test is confirmed positive, the safety-sensitive
covered employee is removed from duty and referred to the SAP.
9. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up to
and including termination.
G. RANDOM TESTING PROCEDURES
The FT A regulations require random testing for prohibited drugs and alcohol misuse for all safety sensitive covered
employees. Random testing identifies covered employees who are using drugs or misusing alcohol but are able to use the
predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing
serves as a strong deterrent against covered employees beginning or continuing prohibited drug use and misuse of alcohol
while on the job.
1. Random drug and alcohol testing only applies to safety-sensitive covered employees. An identification number
(commonly your SS#) will be included in a selection pool.
2. Random drug and alcohol testing is accomplished by a scientifically valid, tamper-proof, computer-generated
selection process. The City of Carlsbad will randomly select individuals for testing through a random test selection
program~without showing discrimination. The program uses a special algorithm, which helps to avoid potential
concerns a covered employee may have concerning selection for a random test. When selected by random, covered
employees/leased drivers will submit to testing immediately at a pre-established place or "On Location" testing site.
A surplus will be randomized to allow for selected covered employees.who are not available. "Not available" is
limited to covered employees who are not at work due to vacation, sick leave, disability, or scheduled time off.-
This does not mean that the covered employee cannot be tested when they return to work.
3. At the time ofrandom selection, a primary list containing the names of the covered employees selected for random
drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No
covered employee will be removed from the random pools following selection, and every covered employee will
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continue to be subject to selection throughout the year. Every covered employee in the random pool has an equal
chance of being selected every time.
4. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including
weekends so long as The City of Carlsbad is in operation or a safety-sensitive covered employee is conducting
safety-sensitive functions. No shift is exempt from testing.
5. The total number of alcohol tests completed annually must equal at a minimum of 10% of the average number of
eligible safety-sensitive covered employees in the random pool. The total number of drug tests completed each
year must equal at a minimum of 50% of the average number of safety-sensitive covered employees.
6. Random drug testing may be conducted concurrently with random alcohol testing or at any time during a covered
employee's shift. Random alcohol testing will be conducted just before the covered employee is scheduled to
perform a safety-sensitive function, while the covered employee is performing safety-sensitive functions or just
after the covered employee performs a safety-sensitive function. The covered employee must proceed to the test
site immediately after being notified that he or she has been selected for testing.
7. A manager or supervisor will notify safety-sensitive covered employees of their random selection. If applicable, a
supervisor shall document a covered employee's random test notification. Once notified, the safety-sensitive
covered employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or
failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a
positive test result.
8. If there is a confirmation breath alcohol test of between .02% and .039%, the safety-sensitive covered employee will
be relieved from duty immediately. The safety-sensitive covered employee will not be permitted to perform or
continue to perform safety-sensitive functions, until the start of the safety-sensitive covered employee's next
regularly scheduled duty period, but not less than 24 hours following administration of the test.
9. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the
covered employee will be removed from safety-sensitive duty immediately. The safety-sensitive covered employee
cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation,
and passes a return-to-duty test.
10. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up
to and including termination. If, for some reason a covered employee who has been selected for a random test, but
is not able to take the test in the allotted time frame, documentation will be made and forwarded to the Third Party
Administrator for proper documentation of why the test was not performed.
H. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES
Before any safety-sensitive covered employee can be allowed to return-to-duty to perform a safety-sensitive function
following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct
prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive covered employee
must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP.
Bet11rn-to-d11D' Iestiuz
1. If a safety-sensitive covered employee tests positive (.04 >) for alcohol or positive for prohibitive drugs, refuses
to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the covered employee and prescribe a
rehabilitation program at which time the covered employee must complete and then be re-evaluated by the SAP
to determine whether tl).e covered employee may be released to be considered for return to a safety-sensitive
position.
2. The SAP will schedule the safety-sensitive covered employee for a return-to-duty drug and/or breath alcohol
test. If the return-to-duty drug and/or alcohol test is positive, it counts as a second positive.
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Sept. 10, 2019 Item #1 Page 83 of 141
3. If the return-to-duty drug test is positive, a split sample can be analyzed ifrequested by the safety-sensitive
covered employee. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive
covered employee will not be returned to duty and the test is considered a second positive.
4. Safety-sensitive covered employees who test positive for drugs or alcohol on a return-to-duty test will be
subject to disciplinary action up to and including termination.
E0U0w-np Jestine
1. Once a covered employee returns to a safety-sensitive position, the covered employee shall be subject to
unannounced follow-up testing for at least 1 year but no more than 60 months. The type, frequency and
duration of the follow-up testing will be recommended by the SAP; however, a minimum of six tests shall be
performed during the first 12 months after the safety-sensitive employee has been returned to duty. Followup
testing does not exclude a covered employee from the random testing program. This means that a safety-
sensitive covered employee is subject to random testing as well as follow-up testing and could occur at the same
time or the same day orthereafter.
2. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive covered
employee performs a safety-sensitive function.
3. lfany follow-up drug and/or alcohol test is verified positive, the safety-sensitive covered employee will be
immediately removed from the safety-sensitive position. Disciplinary action will be imposed up to and
including termination.
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JOB TITLE:
DEPARTMENT:
BASIC FUNCTION:
CITY OF CARLSBAD
CLASS SPECIFICATION
POLICE CORPORAL
POLICE
Attachment D
Under general supervision, perform law enforcement and crime prevention work; to control traffic flow
and enforce state and local traffic regulations; to perform investigative work; and to do other related work
as assigned, including to have responsible charge of police field and investigative duties.
Perform the following supervisory responsibilities only when assigned as Officer in Charge in the absence
of a Sergeant or when assigned duties by a superior officer:
• Maintain discipline and ensure that Department and City rules and policies are followed;
• Assist officers in preparing reports in cases for trial;
• Assist officers with follow-up investigations; and
• Review reports submitted by officers, make recommendations and suggestions for correction and
improvements.
KEY RESPONSIBILITIES:
As a police corporal, patrol city, answer calls for the protection oflife and property, participate in all
normal patrol activities, including enforcement of City, County, and State laws; conduct both preliminary
and follow-up investigations of disturbances, prowlers, burglaries, thefts, robberies, vehicle accidents,
deaths, and other criminal incidents.
Make arrests as necessary: interview victims, complainants, and witnesses; interrogate suspects; gather
and preserve evidence; testify and present evidence in court.
Administer first aid when necessary and conduct in-service training.
Contact and cooperate with other law enforcement agencies in matters relating to the investigation of
crimes in the apprehension of offenders.
Personally appear in court to present evidence and testimony, as necessary.
Prepare reports, conduct investigations, and observe unusual incidents.
Personally participate in investigations, including all routine gathering of evidence, questioning of
witnesses and apprehension of suspects.
Serve warrants and subpoenas.
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Stop drivers operating vehicles in violation oflaws; warn drivers against unlawful practices; issue
citations.
Check buildings for physical security. Receive, search, book, fingerprint, and transport prisoners. Direct
traffic at fires, special events, and other emergencies or congested situations.
As assigned, participate as an investigative officer in adult and juvenile, misdemeanor and felony
investigative work.
Confer with prosecutors and maintain contact with other law enforcement agencies.
Maintain contact with citizens regarding potential law enforcement problems and preserve good
relationships with the general public.
Serve as Officer in Charge when necessary.
Serve as Field Training Officer (FTO) when necessary.
Serve as Field Evidence Technician when necessary.
Perform other related duties as assigned.
QUALIFICATIONS:
Knowledge of:
Police methods and procedures, including patrol, crime prevention, traffic control, investigation
and identification techniques and police records and reports.
Criminal law with particular reference to the apprehension, arrest and custody of persons
committing misdemeanors and felonies, including rules or evidence pertaining to the search and
seizure and the preservation and presentation of evidence in traffic and criminal cases.
Principles and practices of supervision and training.
Ability to:
Supervise and train subordinates.
Observe accurately and remember names, faces, numbers, incidents and places.
Analyze situations and adopt effective courses of action.
Interpret and apply laws and regulations.
Use and maintain firearms.
Think and act quickly in emergencies, and judge situations and people accurately.
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Prepare accurate and grammatically correct reports.
Establish and maintain cooperative-working relationships with those contacted in the course of
work.
Understand and carry out oral and written directions.
Effectively utilize computer and electronic data resources.
Perform the essential job functions of a police officer, as established by City and State guidelines.
EDUCATION AND EXPERIENCE:
Completion of Carlsbad Police Department probation; possession of ( or eligible to receive) a California
Intermediate POST certificate; at least two (2) years of patrol operations experience with a California law
enforcement agency; and completion of Field Training Officer (FTO) certificate no later than the end of
the one-year probationary period related to being hired or promoted into this classification.
The Regular or Specialized Intermediate Certificate:
(a) Possess or be eligible to possess an intermediate certificate; and
(b) Satisfy the prerequisite basic course training requirement and have acquired the training and
education points and/or the college degree designated and the prescribed years of law enforcement
experience in one of the following combinations:
Minimum Training Points Required
15 30 45
Minimum Education Associate Baccalaureate
Points or Degree Required 15 30 45 Degree Degree
Years of Law Enforcement Experience
Required 8 6 4 4 2
SPECIAL REQUIREMENTS:
Must meet the standards established for peace officers as defined by California Government Code Section
1031.
Possession of a valid California Driver's License.
Possession and maintenance of FTO certificate.
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