HomeMy WebLinkAboutCarlsbad City Employees' Association; 1995-01-01;J. I" e *
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MEMORANDUM OF UNDERSTANDING
between the
and the
Carlsbad City Employees' Association
- City of Carlsbad
Effective January 1, 1995, through December 31, 1995
Q t *
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Foreword .......................................... Page 1
Preamble .......................................... Page 1
Article 1 Recognition ............................ Page 1
Article 2 Implementation ......................... Page 1
Article 3 Term .................................. Page 2
Article 4 Renegotiation .......................... Page 2
Article 5 Effective Dates ......................... Page 2
Article 6 Authorized Agents ...................... Page 2
Article 7 No Strike and No Lockout ................. Page 2
Article 8 City Rights ............................. Page 3
Article 9 Employee Rights ........................ Page 3
Article 10 Association Rights ...................... Page 3
Article 11 Confidential Employees .................. Page 5
Article 12 Payroll Deductions ...................... Page 6
Article 13 Distribution of Paychecks ................ Page 6
Article 14 Compensation Adjustments .............. Page 6
Article 15 Overtime ............................... Page 6
Article 16 Working Out of Class .................... Page 10
Article 17 Injured on Duty ......................... Page 11
Article 18 Bilingual Pay ........................... Page 11
Article 19 Uniforms and Equipment ................. Page 12
Article 20 Tool Allowance ......................... Page 13
Article 21 Longevity Pay .......................... Page 14
Article 22 Vacation .............................. Page 14
Article 23 Holidays ............................... Page 16
Article 24 Sick Leave ............................. Page 18
Article 25 Bereavement Leave ...................... Page 19
Article 26 Leave of Absence ....................... Page 20
Article 27 Military Leave .......................... Page 22
Article 28 Jury Duty .............................. Page 22
Article 29 Rest Periods ........................... Page 22
Article 30 Latestarts ............................. Page 22
Article 31 Flexible Classifications ................. Page 22
Article 32 Flexible Start Hours ..................... Page 23
Article 33 Flexible Work Schedules ................. Page 23
Article 34 Flexible Job Sharing ..................... Page 24
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Memorandum of Understanding
Table of Contents
Page 2
Article 35 Health Insurance ........................ Page 24
Article 36 State Disability Insurance ............... Page 24
Article 37 Long Term Disability .................... Page 25
Article 38 Retirement ............................. Page 25
Article 39 Deferred Compensation .................. Page 25
Article 40 Health Insurance for Retirees ............ Page 25
Attic I e 4 1 Grievance Procedure ..................... Page 2 6
Article 42 Disciplinary Procedures ................. Page 30
Article 43 Alcohol and Drug Policy .................. Page 36
Article 44 Air Pollution Control District ............ Page 40
Article 45 Access to Information ................... Page 40
Article 46 Communications ........................ Page 41
Article 47 Legal Representation .................... Page 41
Article 48 Layoff ................................. Page 41
Article 49 Carlsbad Municipal Water District ........ Page 44
Article 50 Full Understanding. Modification & Waiver . Page 45
Article 51 Provisions of Law ....................... Page 45
Article 52 Retention of Benefits .................... Page 45
Article 53 Non-discrimination Clause ............... Page 46
Article 54 Employer-Employee Organization Relations
Resolution ............................. Page 46
Article 55 Americans With Disabilities Act .......... Page 46
Article 56 Family Leave Act ....................... Page 46
Attachment A Salary Schedule . General Employees
Attachment B Benefits Retained by CMWD Employees
Attachment C
Attachment D Employer-Employee Relations Resolution
CMWD Salary Schedule and Job Classification
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EXHIE
MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees’ Association
Foreword
The Memorandum of Understanding is made and entered into between designated management
representatives of the City of Carlsbad (hereinafter referred to as the “City”), and the
designated representatives of the Carlsbad City Employees’ Association (hereinafter referrec
as “CCEA).
Preamble
It is the purpose of this 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 general employees COVE
under this Memorandum, as shown on Attachment A and Attachment C; to provide an orderly
equitable means of resolving any misunderstandings or differences which may arise under 1
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.
Article 1 Recoa nition
A The City of Carlsbad recognizes CCEA as the exclusive majority representative for a
classifications in this unit, as set forth in Attachment A, pursuant to the petition for
formal recognition submitted on February 11 , 1976, and approved April 20, 1976
accordance with the Carlsbad Municipal Code. Attachment C lists additional
classifications added to this unit.
General unit classifications Secretary to the City Manager and Secretary to the City
Attorney shall hereinafter be management classifications governed by the provision:
the management compensation plan.
B.
Article 2 Imdementation
This Memorandum constitutes a recommendation to be submitted to the City Council subseqi
to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum
not be binding upon the parties either in whole or in part unless and until:
The City Council acts, by majority vote, formally to approve and adopt said
Memorandum.
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Article 3 Te rm
The term of this Memorandum of Understanding shall be from January 1, 1995, through
December 31, 1995.
Article 4 Re neaot iatiorl
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum of Understanding, that party shall serve upon the other a notice of such intent
approximately one hundred twenty (120) days prior to expiration of the Memorandum of
Understanding. Not more than thirty (30) days following such notice the parties shall meet.
such meeting, the parties will decide on a date for the mutual exchange of the issues each wis
to address during the meet and confer process. Such exchange shall occur not more than thi
(30) days after such meeting.
Article 5 Effective Dates
As of January 1, 1995, the terms of this Memorandum of Understanding will supersede the
provisions of Resolution No. 93-29 adopted by the City Council of the City of Carlsbad on
February 2, 1993.
Article 6 Authorized Acaents
For the purpose of administering the terms and provisions of this Memorandum:
A City’s principal authorized agent shall be the City Manager or a duly authorized
representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92001
Telephone (61 9) 434-2859), except where a particular City representative is
specifically designated in connection with the performance of a specific function or
obligation set forth herein.
CCEA authorized representative shall be its President or authorized representative
(Olins, Foerster & Hayes, Attention Doug Olins, 2214 Second Avenue, San Diego,
California 921 01, (61 9) 238-1 601).
B.
Article 7 No Strike and No Lockout
A No Strike. During the life of this agreement, neither the Association nor any agents
representatives will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, sickouts, or ar
other intentional disruption of the operations of the City, regardless of the reason fc
doing.
Penaltv. Any employee engaging in activity prohibited by Article 7, A., or who insti
or gives leadership to such activity, shall be subject to disciplinary action.
B.
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C No Lockout. During the term of this agreement, the City will not instigate a lockout (
a dispute with the employees so long as there is no breach of Section 7, A.
D. P fi n i ili -. Each employee who holds the position of officer c
the Employee Association occupies a position of special trust and responsibility in
maintaining and bringing about compliance with the provision of this article, the
Association agrees to inform its members of their obligations under this agreement ai
to direct them to return to work.
Article 8 Citv Riahts
The rights of the City include, but are not limited to the exclusive right to determine missioi
its constituent departments, commissions, boards; set standards of service; determine
procedures and standards of selection for employment and promotions; direct its employees;
take disciplinary action; relieve its employees from duty because of lack of work or other
legitimate reason; maintain the efficiency of governmental operations; determine the methoc
means, and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergen
and exercise complete control and discretion over its organization and the technology of
performing its work.
Article 9 Ernd wee Riahts
A Employees of the City shall have the right to form, join and participate in the activii
of CCEA for the purpose of representation on all matters of Employer-Employee
Relations, including but not limited to, wages, hours, and other terms and conditions
employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to
represent themselves individually in their employment relations with the City.
No employee shall be interfered with, intimidated, restrained, coerced or discrimini
against by the City, CCEA or other employee organization(s) because of the exercise
his/her rights under this Article.
An individual employee reserves the right to individual representation, upon forma
notice to CCEA and the City, on any matter of Employer-Employee Relations.
CCEA shall be provided notice of the results of such individual Employee-City meetir
6.
C
D.
Article 10 Association Riahts
A
B.
The City recognizes the right of CCEA to govern its internal affairs.
The City agrees to include a one page CCEA “Information Sheet” in the orientation p:
for newly hired employees in positions represented by CCEA. The City and CCEA agrc
that the purpose of the “Information Sheet” is to familiarize new employees with th
operations and benefits of CCEA. All costs associated with preparing the “Informatic
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Sheet” shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless
any disputes between CCEA and employees represented by CCEA arising out of
information contained in the “Information Sheet.” Prior to distribution the
“Information Sheet” must be approved by the Human Resources Director.
The City will furnish bulletin boards for use of CCEA (Bulletin Boards for the exclus
use by CCEA shall be provided at City Hall, Las Palmas and the main Library). Mate
placed on said bulletin boards shall be at the discretion of CCEA. City may remove CCf
material only in the event the material is obviously offensive to good taste, defamato
and shall be removed only on prior notification to CCEA.
Bulletin boards shall be located at: 1) City Hall Employees’ Lounge, 2) Library
Employees’ Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Las Palml
Employees’ Lounge, 6) Safety Center Employees’ Lounge, 7) Mechanical Maintenancl
8) Stagecoach Community Park, 9) Calavera Community Park, 10) Redevelopment
Senior Center.
By mutual agreement additional locations may be added.
CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bul
boards furnished by the City for the exclusive use by CCEA.
Twice annually, within thirty (30) days of written request from CCEA, the City agre
to provide CCEA with a listing of names, departments, and classifications of employef
classifications represented by CCEA. Names, departments, and classifications provid
will refiect the most current data on file with the Human Resources Department as o
date the list is prepared.
CCEA shall provide and maintain with the City a current list of the names and all
authorized representatives of the CCEA. An authorized representative shall not ente
work location without the consent of the Department Head or hidher designee or the
Manager or hidher designee. The Department Head or his/her designee shall have t
right to make arrangements for a contact location removed from the work area of thc
employee. Management shall not unreasonably deny access.
CCEA may, with the approval of the Human Resources Department, be granted the us1
City facilities for after hour meetings.
CCEA shall be allowed to designate employee representatives to assist employees in
preparing and processing grievances; and preparing and presenting material for
disciplinary appeals hearings.
CCEA may designate one employee representative to assist an employee in preparing
presenting materials for the above-listed procedures. The employee representative
designated shall be allowed reasonable release time from regularly scheduled duties
the purpose of investigating and preparing materials for such procedures. Employe
representatives who investigate, prepare or present materials during off-duty timc
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D.
E
F.
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shall do so on their own time. Employee representatives and employees who attend
discipline or grievance hearings or City Council meetings during the off-duty time s
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 over
provisions of this Memorandum of Understanding.
Designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to attend meetings relative to other matters of employer-
employee relations.
Designated employee representatives requesting time off under this article shall dirc
such request to hidher immediate supervisor in writing within a reasonable time
period to the date requested, in order to assure that the department meets its staff net
and to assure sufficient coverage of departmental assignments.
CCEA may select members of the organization to attend scheduled meetings with the C
staff on subjects within the scope of representation during regular work hours with1
loss of compensation. Where circumstances warrant, the City may approve the
attendance at such meetings of additional employee representatives with or without I(
of compensation. The employee organization shall, whenever practicable, submit tht
names of all such employee representatives to the City at least two working days in
advance of such meeting. Provided further:
( 1 )
H.
That no employee representative shall leave his or her duty or work station 1
assignment without specific approval of the Department Head or other author
City management official.
That any such meeting is subject to scheduling by City management in a manr
consistent with operating needs and work schedules. ( 2 )
Nothing provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours under appropr
circumstances.
Article 11 Confidential Ernplovees
Confidential employees are restricted from representing any employee organization, which
represents other employees of the City, on matters within the scope of representation. Thi!
article does not otherwise limit the right of confidential employees to be members of and to
office in CCEA.
The following positions are designated as confidential:
1 )
2 )
Unit employees assigned to the Human Resources Department.
Unit employees assigned to the City Manager’s Office.
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3 )
4 )
Unit employees assigned to the City Attorney’s Office.
Unit employees assigned to payroll function in the Finance Department and the Financ
Department Secretary.
Data Processing Programmer, assigned to Information Systems Department. 5 )
Article 12 Pavroll Deduct ions
The City shall withhold deductions in amounts designated by CCEA members providing change
not occur more frequently than once each fiscal year.
Article 13 D istribution of Paychecks
For CCEA represented employees the City shall continue to distribute employee pay checks ii
sealed and windowed envelopes.
Article 14 Compensation Adjustments
Employees in the bargaining unit shall receive a general salary increase equal to three perc
(3%). Such increase shall be administered as follows:
A A lump sum payment with appropriate deductions and withholdings, payable to all
employees employed as of the date of the final approval of this agreement, equal to th
additional amount such employee would have earned if there had been a general salai
increase of three percent (3%) effective January 1, 1995. Said lump sum shall be
out within a reasonable time after final approval of this agreement.
A prospective general wage increase of three percent (3%) effective upon the endin(
the period calculated for the lump sum payment described above.
B.
Article 15 0 vertime
4. Overtime
Any employee required to perform in excess of 40 hours in a 7 day cycle and/or in
excess of an employee’s normal work day shall receive compensation at the rate of t
and one-half his/her regular rate of pay. The regular rate of pay shall include the
following components in addition to base salary:
1 ) Bilingual Pay
2 ) Longevity Pay
In determining an employee’s eligibility for overtime, paid leaves shall be included
the total hours worked. Excluded from the total hours worked are duty free lunches
travel time to and from work, and time spent conducting bona fide volunteer activitit
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There shall be no pyramiding of overtime. Hours worked by an employee in any worl
or workweek on which premium rates have once been allowed shall not be used again
any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Call Back Pav
Call back duty occurs when an employee is ordered to return to duty on a non-regul:
scheduled work shift. Call back does not occur when an employee is held over from
hidher prior shift or is working prior to his/her regularly scheduled shift. An
employee called back to duty shall be credited with a minimum of two (2) hours wor
commencing at the time of the page, except an employee shall not be entitled to said
minimum if the assignment has been scheduled in advance and the employee is providl
with at least seven (7) calendar days notice of said assignment.
3. Comtxnsatorv T ime
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elec
subject to department approval, to receive compensatory time off on a time and one
basis. No employee shall accrue more than 80 hours of such compensatory time. Sh
any employee exceed 80 hours of accrued compensatory time, he/she shall be paid a1
time and one-half his/her regular rate.
An employee may use such compensatory time within a reasonable period after maki
the request if the use of compensatory time does not unduly disrupt the operations of
departrnen t.
On December 1 of each year, an employee may elect to “cash out” any portion of hi<
accrued compensatory time at hidher regular rate of pay. Notice shall be provided
the Human Resources Department no later than November 15 of the employee’s elec
to “cash out” a portion of his/her accrued compensatory time. This “cash out” shal
paid during the first pay period in December.
4. Overtime Authorization
All overtime requests must have the prior authorization of a supervisor prior to thc
cornmencement of such overtime work. Where prior written authorization is not
feasible, explicit verbal authorization must be obtained. Calls for service beyond th
end of duty time are considered as authorized.
An employee’s failure to obtain prior approval may result in the denial of the overt
request.
5. Clothes Chanaing
Employees are not authorized to wear their uniforms or any part thereof that is
distinguishable as such unless on duty. Each employee is provided with a locker for
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hidher own personal convenience. An employee may or may not utilize the locker fc
storage and changing purposes at hidher own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence to work.
Nothing herein prevents an employee from wearing his/her uniform while conductin
personal business during lunch time.
Time spent in changing clothes before or after a shift, is not considered hours workec
and is not compensable in any manner whatsoever.
6. Trainina Time
Training time outside normally scheduled work hours shall be cornpensated pursuant
Code of Federal Regulations (CFR), Section 785.27, elet. &g.
Travel time outside normally scheduled work hours shall be compensated pursuant ti
CFR Section 785.33, el. 3eg.
When feasible, the Department will adjust the employee’s work schedule to minimizc
impact of travel and training time.
7. Citv Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not
compensated in any manner whatsoever for such travel time in the City vehicle.
This provision also applies in those situations where the radio must be left on and
monitored.
8. lhllzmu
When an employee is physically called to court, while off duty, he/she shall be credi
on an hour for hour basis for the time actually spent in court. An employee shall be
credited with a minimum of two (2) hours for the court appearance. Travel time st
not be considered hours worked and shall not be compensated in any manner whatsoe
9. -
“Standby assignment” requires an employee to:
a Review and confirm receipt of the standby assignment schedule within the
deadlines established by the applicable department;
Wear a City-provided pager and carry a City-provided cellular phone durin!
standby assignment;
b.
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C. Respond to a page by telephone promptly without delay. If an employee has
arranged for another employee to respond, the employee must notify the
supervisor, the department, and dispatch of the name of the substitute emplo)
who will respond. Thereafter, callback shall be handled in accordance with e:
department’s standby/callback policy;
Each department’s standby/callback policy shall be developed and submitted t
Association representatives for meeting and conferring which shall be compk
within sixty (60) days of the final approval of this agreement. In addition, tl
City shall provide training for the supervisors and managers responsible for
administering departmental standby/callback policies and shall also provide
orientation for all employees subject to the standby/callback policies;
Abide by the City’s Alcohol and Drug Policy as specified in Article 43 of this
agreement during standby assignment;
Wear appropriate clothing, safety equipment, and any other form of City
identification as defined by the department when making a callback response
standby assignment;
Accept $20.00 per day (or $14.29 for former CMWD employees) for each d
on standby assignment.
Acknowledge and agree that time on standby assignment is not considered to bc
compensable work time for purposes of the Fair Labor Standards Act (FLSA)
provided, however, (1) individuals have not waived any rights they may haw
outside of this contract under the FLSA; and (2) neither the fact of these
negotiations nor the changes negotiated in this agreement shall be used by eil
party or by any individual to the prejudice of the other party in any grievanc
complaint outstanding as of the time of this agreement.
d.
e.
f.
g.
h.
10. Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved
the trade and must be approved in advance by the department. The trade must be due
the employee’s desire or need to attend to a personal matter and not due to the
department‘s operations. The employee providing the trade shall not have his/her
compensable hours increased as a result of the trade; nor shall the employee receivi
the trade have his/her compensable hours decreased as a result of the trade. Any
premium pay or other extra compensation will be waived for both individuals durin!
period they work for the other. Any hours worked beyond the normal work day will
credited to the individual actually doing the work.
“Paybacks” of shift trades are the obligation of the two employees involved in the tr,
Any dispute as to paybacks is to be resolved by the involved employees, and under nc
circumstances will the department be obligated for any further compensation
whatsoever to any of the involved employees. The department is not responsible in i
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manner for hours owed to employees by other employees that leave the employment c
the City or are assigned other duties.
If one individual fails to appear for the other without prior notification, the person v
was “traded in” will be listed as absent without leave and may be subject to disciplii
action.
11. Earlv Relief
The practice of early shift relief shall be voluntary on behalf of each employee involt
in the relief and must be approved in advance by the department. The employee
providing the early relief shall not have hidher compensable hours increased as a
result of the early relief; nor shall the employee relieved early have hidher
compensable hours decreased as a result of the early relief. “Paybacks” of early rc
hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances wil
department be obligated for any further compensation whatsoever to any of the invol
employees. The department is not responsible in any manner for hours owed to
employees by other employees that leave the employment of the City or are assigned
other duties.
Article 16 Workina Out of Classification
Whenever the needs of the City require an employee to temporarily perform the duties of a
higher classification than that in which the employee is currently employed for a period of I
than fifteen (15) consecutive working days or more than forty-five (45) cumulative work
days within a fiscal year, the employee shall receive the salary rate of the higher class in u
he/she is performing the required duties. In such cases, the employee shall be paid at an
appropriate step of the salary schedule of the higher classification which will assure an
increase of not less than 5% greater than the salary of his/her current position, but in no c
shall such salary exceed the top salary step of the higher classification. The higher salary
payable shall commence on the sixteenth (16th) working day following the temporary
reassignment of the performance of duties of the higher classification. The requirement for
performance of duties of the higher classification shall be placed in writing by the Human
Resources Director following recommendation by the affected Department Head. No employf
shall be required to perform any of the duties of a higher classification unless that employel
deemed to possess the minimum qualifications of the higher classification by the Human
Resources Director as recommended by the affected Department Head.
The employee assigned to perform the duties of a higher classification shall not serve for ml
than one hundred and eighty (180) calendar days in a higher classification unless approved
the City Manager.
A person appointed in an acting capacity shall be eligible to receive merit increases in his,
regular position during the acting appointment, but shall not be entitled to merit increases
the position which he/she holds in an acting capacity.
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The Human Resources Director shall obtain the employee’s written consent for the tempora
performance of any of the duties of the higher classification beyond a period of fifteen (15)
working days, prior to the employee’s assuming or continuing the duties and compensation o
higher classification, which consent shall clearly state that it is understood that a reduction
salary shall be effected to his/her original salary rate upon the expiration of the need for th
performance of the duties of the higher classification.
Article 17 I niured o n Dutv
Occupational Sick Leave is leave with pay that is granted to employees who have sustained a
work related injury or illness and are temporarily disabled from work.
Any general employee that sustains a work related injury or illness and becomes temporari
disabled from work as a result, may receive their full salary, in lieu of the State mandated
temporary disability benefit, for a period of up to forty-five (45) calendar days for any si1
incident. The periods of temporary disability need not be continuous.
Any aggravation of a pre-existing occupational injury or illness will be treated as such and
as a new injury. In this situation, the employee will not be entitled to any occupational sick
leave benefit which exceeds the original maximum of forty-five (45) calendar days.
The City reserves the right to determine whether occupational sick leave will be granted.
Granting of occupational sick leave will be subject to the same procedures and standards
(including predesignated physicians, resolution of disputes over benefits, use of Agreed Mec
Examiners, etc.) as used in workers’ compensation matters.
An employee that is still temporarily disabled after the forty-five (45) calendar days have
been exhausted will be paid at the rate established by the California Labor Code for such
disabilities. However, the City shall supplement the State rate, up to the employee’s full sl
level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued.
Once the employee’s accrued leave has been exhausted, the employee will be compensated at
State rate for the balance of the temporary disability period.
Wages alone will be the basis of computation for occupational sick leave.
Any general employee who is temporarily disabled from work because of a work related ini
or illness will continue to accrue sick leave and vacation leave for the period of incapacitati
that does not exceed forty-five (45) calendar days. However, once the maximum occupatio
sick leave benefit has been exhausted [forty-five (45) calendar days] the employee will no
longer accrue sick or vacation leave for the duration of hidher absence.
Article 18 Bilinaual Pav
The City will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of
bilingual skills. The determination of the number of persons/positions to be designated as
bilingual is the sole discretion of the City.
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In order to qualify for and receive bilingual pay, employees must pass a bilingual proficienc
test in the Spanish language as determined appropriate by the City.
This Article shall not be subject to the grievance procedure.
Article 19 Un iforms and Equipment
A The City shall continue to provide and maintain uniforms in the maintenance
departments.
Employees shall be responsible for proper care and maintenance of uniforms.
Except for reasonable travel time to and from work, uniforms shall not be worn outs
the context of performing maintenance functions while on duty or as otherwise actinc
an agent of the City.
The City shall continue to purchase safety boots or safety shoes for classifications as
determined by the City. The City shall establish, subject to consultation with the
affected employees, a voucher system to purchase safety footwear from City-approvc
vendors. Individual acquisitions made outside the voucher system must be pre-apprl
for reimbursement after review by the employee’s supervisors.
Acquisition of safety footwear shall be limited to a maximum of two (2) times per y
not to exceed a cost of $125 per acquisition. In special circumstances as determined
pre-approved by the employee’s supervisor, safety footwear acquisition requiring t
expenditure over $125 may be made one (1) time per year, not to exceed a cost of
$1 75.
The City will reimburse any employee who is required to wear safety glasses and/oi
goggles up to one hundred seventy-five dollars ($175) in a calendar year for the co
prescription lenses for such glasses and/or goggles, subject to the following conditic
1.
2.
B.
C.
D.
E.
The employee must present an appropriate receipt;
Reimbursement is for lenses only and not for eye examination, treatment or
visits to an optometrist or optician;
The City will provide reimbursement only for glasses and/or goggles if the
prescription has changed or if glasses and/or goggles have been damaged; anc
Glasses and/or goggles for which the City has provided reimbursement shall
be used while performing work for the City.
3.
4.
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Article 20 Too I Allowance
This article applies only to eligible employees in the following job classifications who furni
their own tools as a condition of employment: Equipment Mechanics, Equipment Service
Workers, and Equipment Mechanic Supervisors.
Employees in the job classifications mentioned are required to provide their own tools on thi
job as a condition of employment. The employees are further eligible to receive a cash tool
reimbursement provided that the conditions for receiving the reimbursement are met.
Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbei
the City facility or some other catastrophe or accident not due to the employee’s negligence (
fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of
the tools in the employee’s possession at work, including those tools over and above the
“essential tool list,” must be on file with the Superintendent. The City has the right to reqi
that a specialized tool(s) not be kept in the employee’s inventory.
The tool allowance will be made in the form of a cash payment of $400 per year, paid only o
during the fiscal year, by September 30, and cannot be accumulated from one year to anoth
It is the responsibility of the Equipment Maintenance Superintendent to direct the
administration of the tool allowance and:
A Provide a list of “essential tools” which define the full inventory of tools required i
employees to be eligible for tool aHowance.
Recommend revisions to the “essential tools” and to meet the requirements of curre
skilled trades technology.
Informally agree with members of the shop when considering adding tools to the
“essential tool list.”
B.
C
Employees receiving a tool allowance shall allow inspection of personal tool box by supervi
to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as “essential tools.” Failure to keep said tools on site will result in the tool
allowance being withheld from the individual until such time as the employee comes into
possession of all “essential tools.”
The appropriate supervisor during the month of August will:
A
B.
Review the personal tool inventory as meeting the requirements of “essential tools
Provide a recommendation to the Superintendent of an alternate tool as a substitute
the tool listed on the “essential tools” list on an item-by-item basis.
In September of each year, the Superintendent shall prepare requests for warrant to provic
for payment of the tool allowance to eligible employees.
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Article 21 Lonaevitv Pay
1. Salary Step L1 shall apply to any range in the Salary Plan to provide for a five percc
(5%) increase of base salary for miscellaneous employees who have attained five (
continuous years of service in the City of Carlsbad at the "E Step of the same salary
range in the Salary Plan. Employees who have accrued all or part of five (5) years (
continuous service at the "E Step of the same salary range prior to July 1, 1976, I
credit this service toward the service requirement for movement to Salary Step L1.
any case where an employee is promoted and moves from the employee's existing clas
another class, allocated to a higher range of cornpensation, the employee shall be
advanced to the lowest step in such higher range which will provide a five percent (
salary increase.
Salary Step L2 shall apply to any range in the Salary Plan to provide for a two and o
half percent (2-1/2) increase of basic salary for those miscellaneous employees wI
on or after July 1, 1976, have attained ten (10) continuous years of service in the
of Carlsbad at the "E Step of the same salary range in the Salary Plan. Eligibility
Salary Step L2 is contingent upon the employee being recommended for such salary :
by the employee's Department Head and such recommendation being approved by the
Manager.
Failure of the Department Head to recommend and of the City Manager to approve sh,
not constitute grounds for submission of a grievance or an appeal to the Personnel Bc
Employees who have accrued all or part of ten (10) years of continuous service at tt "E" Step of the same salary range, prior to July 1, 1976, may credit this service
toward the service requirement for movement to Salary Step L2. In any case where
employee is promoted and moves from the employee's existing class to another class
allocated to a higher range of compensation, the employee shall be advanced to the lo!
step in such higher range which will provide a five percent (5%) salary increase.
2.
3.
Article 22 Vacation
A Basis of Accrud
Accrual of vacation begins with the first working day following appointment and
thereafter accrues on a biweekly basis to begin at the first (1st) full pay period afl
eligibility. The following shall be the annual vacation leave schedule.
e Beginning with the first (1st) working day through the completion of five (
full calendar years of continuous service - 80 hours/year (3.08 hours
biweekly).
e Beginning the sixth (6th) year of employment through the completion of ten
(10) full calendar years of continuous service - 120 hours/year (4.62 ho
bi we e kl y ) .
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Beginning the eleventh (1 1 th) year of employment through the completion 01
eleven (11) full calendar years of continuous service - 128 hours/year (4.
hours biweekly).
8 Beginning the twelfth (12th) year of employment through the completion of
twelve (12) full calendar years of continuous service - 136 hours/year (5,
hours biweekly).
8 Beginning the thirteenth (1 3th) year of employment through the completion
thirteen (13) full calendar years of continuous service - 144 hours/year (
hours biweekly).
* Beginning the fourteenth (14th) year of employment through the completion
fifteen (15) full calendar years of continuous service - 152 hourslyear (5
hours biweekly).
8 Beginning the sixteenth (1 6th) year of continuous employment, vacation tim
shall be accrued, and remain at a rate of 160 hours for every full calendar y
of continuous employment thereafter (6.1 5 hours biweekly).
B. Vacation Accrual
All employees shall be entitled to accrue vacation up to a maximum of 240 hours.
Department Heads shall encourage the taking of accrued vacation leave. If for some
specific reason an employee wishes to accrue vacation leave in excess of the limits
established herein, he/she must submit a request in writing to his/her department
listing these reasons. The Department Head and City Manager shall review and may
such request if it is in the best interest of the City. The excess of the limit shall be
determined by the Department Head and the City Manager. It is not the intent of thi!
section to penalize an employee who is not able to utilize hidher accumulated vacati
because of scheduling problems within the individual department.
Effects o f Holidav o n Vacation Leave
In the event one or more authorized municipal holidays fall within a vacation leave,
holiday shall not be charged as vacation leave, but shall be credited as a holiday.
Effect of Leave of Absence on Accrual of Vacation Leave
An employee’s accumulation of vacation leave will cease after the completion of twc
full scheduled pay periods in which the employee has not received compensation due
leave of absence without pay. Accrual will be reinstituted beginning the first day of
first full pay period after the employee has returned to work.
C.
D.
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E Comoensat ion for Citv Work Durina Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity,
except compensation for mandated court appearances, during the time of hidher paic
vacation leave from City service. This clause shall not limit the City’s right to recall
employee from vacation in the event of an emergency and place him/her on regular p
status.
F. Schedul ina Vacat ions
An employee may take hidher annual vacation leave at any time during the year,
contingent upon determination by hidher Department Head that such absence will nc
materially affect the department. Each employee must consider the needs of the sew
when requesting annual vacation leave. An employee shall normally provide one wee
notice in advance of the day(s) he/she is requesting vacation time off. When a famil!
emergency arises which necessitates the use of vacation time, an employee shall pro
as much advance notice as possible considering the particular circumstances.
G Terminal Vacat ion Pay
An employee with regular status separating from the City service who has accrued
vacation leave shall be entitled to terminal pay in lieu of such vacation. No leave crc
will be earned on terminal leave payments. When separation is caused by death of ar
employee, payment shall be made to the estate of such employee or, in applicable cas
as provided in the Probate Code of the State.
Article 23 Holidavs
A Authorized HolidavS
The City shall observe: eleven (11) scheduled paid holidays plus two (2) floating
holidays for employees assigned to eig ht-hour-per-day-five-days-per-week
workweeks and employees participating in the trial 9/80 alternative work schedule
nine (9) scheduled holidays plus two (2) floating holidays for employees assigned tc
ten-hours-per-day-four-days-per-week workweeks. The floating holiday may be
at the discretion of the employee with prior approval of the Department Head. Mart
Luther King’s Birthday (MLK) will be commemorated by City employees as a floatin
holiday. lf/when local government employers are required to commemorate MLK on
designated date, this floating holiday will convert to a scheduled holiday.
The scheduled paid holidays that will be official City holidays for the term of this
agreement shall be as follows:
New Year’s Day Veteran’s Day
Lincoln’s Birthday Thanksgiving Day
Washing ton’s Birthday Thanksgiving Friday
Memorial Day Christmas Day
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Independence Day
Labor Day
Columbus Day
Martin Luther King’s Birthday (Floating Holidz
One (1) Floating Holiday
B. pr ocedure if Holidav Falls on Satu r dav o rn Su day
For those employees whose normal work week is Monday through Friday, when a holi
falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holic
falls on a Sunday, the following Monday shall be observed as a holiday.
The City shall annually develop and publish a holiday schedule which will identify thc
specific days on which the above holidays will be observed as official City holidays ar
which days will not be observed for employees on ten-hours-per-day-four-day-pi
week workweeks.
Fmplovees Reau ired to Work on Holidw
1.
C.
Any employee who shall be required to work on any holiday which he/she is
entitled to take off under the provisions hereof shall receive compensation
therefore at the rate of time and one-half for actual hours worked plus eigh
nine (9), or ten (IO) hours of holiday pay as applicable. All employees who
entitled to be absent on any holiday, and who in fact are absent, shall receive
compensation therefore at the straight time rate.
Those employees whose work schedules and assignment of duties require hin
to work on an authorized holiday shall receive eight (8), nine (9), or ten (
hours of holiday pay as applicable for such work week at the same rate of pa]
which he/she is employed, in addition to his/her normal pay for the time wc
If a holiday occurs on a day which is the employee’s regular day off he/she s
be entitled to holiday pay in the amount of eight (8), nine (9), or ten (IO)
hours as applicable at straight time.
2.
3.
D. Emplovees on I ndustrial Leave
Employees on Worker’s Compensation Leave pursuant to Article 17 shall not be ent
to additional pay and/or additional time off for holidays which occur during the time
employee is on industrial leave.
Effect of Sick Leave on Holidav Pav
An employee whose work schedule and assignment of duties require him/her to wort
an authorized holiday and who calls in sick on that work shift shall be paid eight (E
nine (9), or ten (10) hours as applicable of holiday pay and shall also be charged I
the appropriate use of sick leave.
E
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Article 24 Sick Leave
AAccrual
Every probationary and regular full time employee shall accrue eight (8) hours sic1
leave, with pay for each calendar month of actual continuous service dating from the
commencement of said service, with such time to be accrued on a biweekly basis. Sui
accruals shall be cumulative. An employee shall not receive payment for unused sic1
leave accumulated to hidher credit upon termination, whether voluntary or
involuntary.
Sick leave shall not be considered a right which an employee may use at hidher
discretion. Sick leave shall be allowed as follows:
1.
2.
In the case of actual illness or disability that is not job related.
Exposure to contagious disease that would jeopardize the health of others. WI
sick leave is granted under these circumstances, an explanatory medical
certificate from the physician is required.
A pre-scheduled doctor, dental, or optometry appointment has been approvec
the employee’s direct supervisor.
Because illness of a member of the immediate family requires constant care i
no other care is available and/or financially feasible except that of the emplc
Immediate family is defined in Article 25, Bereavement.
3.
4.
B. Proof of Illness
In order to receive compensation while absent from duty on sick leave, the employes
must notify his/her immediate supervisor prior to the time set for the beginning of
hidher regular duties. The Department Head may request a certificate issued by a
licensed physician or other satisfactory proof of illness when abuse is suspected an1
when sick leave use is in excess of three (3) consecutive work days. The Departmen
Head may also designate a licensed physician to conduct a physical examination, and s
examination shall be conducted at City expense. Employees shall be required to am
for all hours they are requesting as sick leave by filling out a leave of absence requt
form. Violation of sick leave privileges may result in disciplinary action andor lo
pay when in the opinion of the Department Head the employee has abused such privil
Effect of Leave of Absence
An employee’s accumulation of sick leave will cease after the completion of two (2:
scheduled pay periods in which the employee has not received compensation due to a
of absence without pay. Accrual will be reinstituted beginning the first day of the
full pay period after the employee has returned to work.
C.
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D. Blood Donations
Employees making a donation of blood without charge will be given reasonable time o
for that purpose. No charge will be made against annual or sick leave when such abse
is approved in advance by the supervisor.
E Effect of Ho lidavs
Holidays occurring during sick leave shall not be counted as sick leave.
F. Sick Leave Conversion
Any permanent employee who has accrued and maintains a minimum of one hundred
(100) hours of sick leave shall be permitted to convert up to twelve (12) days of
accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave d
per one (1) day of vacation. The sick leave conversion option will be provided durin
the first week of each fiscal year.
Any permanent employee applying for retirement with the Public Employees’
Retirement System may convert accrued and unused sick leave time to extend servict
time in the system at the ratio of 25 days of accrued sick leave to one month of extenc
service.
Article 25 Bereavement Leave
A An employee may use up to three work shifts of paid leave if required to be absent fr
duty due to the death of a member of the employee’s immediate family. Additional tir
off may be authorized by the Department Head and charged to accrued vacation or tre
as leave without pay.
The “immediate family” shall be defined as: Spouse, child, parent, sibling,
grandparents; the aforementioned either natural, step or in-law, or any per
over which the employee acts as legal guardian, or a verifiable current men
of the immediate household.
6. The employee may be required to submit proof of relative’s death before final apprc
of leave with pay is granted.
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Article 26 Leave of Absence
1. Leave of Absence Without Pav
A General Policv
Any employee may be granted a leave of absence without pay pursuant to the
recommendation of his/her Department Head and the approval of the City
Manager.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
2. To take a course of study which will increase the employee’s usefulnes
return to hidher position in the City service.
For personal reasons acceptable to the City Manager and Department I- 3.
B. Authorization Procedu re
Requests for leave of absence without pay shall be made upon forms prescribi
by the City Manager and shall state specifically the reason for the request, tt
date when the leave is desired to begin, the probable date of return, and the
agreement to reimburse the City for any benefit premiums paid by the City
during the leave of absence. The request shall normally be initiated by the
employee, but may be initiated by hidher Department Head, and, upon writt
recommendation of the Department Head that it be granted, modified or deniec
shall be promptly transmitted to the City Manager. A copy of any approved
request for leave of absence without pay shall be delivered promptly to the
Directors of Finance and Human Resources.
Lenath of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six mo
unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided t
the request for extension is made no later than fourteen (14) calendar days
to the expiration of the original leave.
C
D. Return From Leave
When an employee intends to return from an authorized leave of absence wit
pay either before or upon the expiration of such leave, he/she shall contact
hidher Department Head at least fourteen (14) calendar days prior to the d
he/she plans to return. The Department Head shall promptly notify the City
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Manager of the employee’s intention. The employee shall return at a rate of F
not less than the rate at the time the leave of absence began.
E Effect of Leave Without Pay
An employee shall utilize all hidher compensatory time off, vacation, and/o
sick leave (if applicable) prior to taking an authorized leave of absence withc
Pay.
A prorata reduction of normal annual vacation and sick leave accruals shall bc
applicable to an approved absence without pay. Any absence without pay
constitutes a break of continuous service with the City. The granting of any I(
without pay exceeding two full scheduled pay periods shall cause the employe
salary anniversary date and calculation of full-time continuous service to be
extended by the number of calendar days for which such leave has been grant€
less the first two full pay periods of such leave.
An employee’s accumulation of sick leave and vacation leave will cease after.
completion of two (2) full scheduled pay periods in which the employee has I
received compensation due to a leave of absence without pay. Accrual will be
reinstituted beginning the first day of the first full pay period after the empl
has returned to work.
heave Without Pav - Insurance Pavrnents and Privileaes
An employee on leave without pay may continue hidher City insurance bene
by reimbursing the City for the costs of insurance on a monthly basis during
period of the leave. Failure to reimburse the City for such benefits during tt
term of a leave of absence will result in the employee’s coverage terminating
the first day following the month in which the last payment was received.
An employee on leave of absence without pay shall not have all of the privileg
granted to regular employees.
F.
2. Preanancv Disabilitv Leave
An employee disabled by pregnancy shall be allowed to utilize a combination of accri
sick leave, vacation, compensatory time and leave without pay to take a leave for a
reasonable period of time, not to exceed four months. An employee shall utilize all
accrued leave prior to taking leave without pay. Reasonable period of time
means that period during which the employee is disabled on account of pregnancy,
childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice of the date the leave shall commence and the estimated duration of
leave.
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Article 27 Militarv Leave
Military leave shall be authorized in accordance with the provisions of State and Federal law
The employee must furnish satisfactory proof to his/her Department Head, as far in advance
possible, that he/she must report to military duty.
Article 28 Ju rv Duty
When called to jury duty, an employee, having provided at least five working days written
notice, shall be entitled to hidher regular compensation. Employees released early from ji
duty shall report to their supervisor for assignment for the duration of the shift. Employee1
shall be entitled to keep mileage reimbursement paid while on jury duty.
A Department Head may, at hidher sole discretion, contact the court and request an exempt
andlor postponement of jury service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment fc
the duration of the work day. At the discretion of the supervisor, an employee may be releai
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 29 Rest Periods
All CCEA represented employees shall receive, at the direction of the respective department
(2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one
shift. Employees working in the field shall take, at the direction of the department, rest pel
at or nearby the work site or return to their department for rest. Rest time is not cumulai
beyond the half scheduled work day within which the break period occurs.
Article 30 Late Sta rtS
An employee who is tardy to work shall be formally counselled by his/her supervisor. If
tardiness continues, the employee may be docked pay at the discretion of the supervisor. SL
docking shall be done in fifteen (15) minute increments. An employee may not substitute
accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may thl
employee utilize a shortened break period or lunch period.
Article 31 Flexible Classifications
An employee hired into one of the listed entry level positions shall be reclassified to the jot
level position following twelve (12) months of successful service in the entry level positio
The employee shall be placed at the nearest step of the journey level salary range which
represents a minimum five percent (5%) salary increase.
Entrv Level Position
Account Clerk I
Journey Level Position
Account Clerk II
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Technician I Building Technician II
Engineering Technician I
Library Assistant I
Maintenance Worker I
Maintenance Worker I
Maintenance Worker I
Meter Services Worker I
Planning Technician I
Police Records Specialist I
Tree Trimmer I Tree Trimmer II
Engineering Technician II
Library Assistant II
Park Maintenance Worker II
Street Maintenance Worker II
Utility Maintenance Worker II
Meter Services Worker II
Planning Technician II
Police Records Specialist II
An employee hired into one of the listed entry level positions shall be reclassified to the joL
level position following twenty-four (24) months of successful service in the entry level
position. The employee shall be placed at the nearest step of the journey level salary range
which represents a minimum five percent (5%) salary increase.
Entrv Level Position
Building Inspector I
Code Enforcement Officer I
Construction Inspector I
Equipment Mechanic I
Librarian I Librarian II
Journev Level Positioq
Building Inspector II
Code Enforcement Officer II
Construction Inspector II
Equipment Mechanic II
Articl ~~ r
CCEA employees, with Department Head approval, may alter their starting time per shift
between the hours of 6:OO a.m. and 9:00 a.m. The Department Head may revoke the flexibk
start time at any time and return the employee to regular working hours for that particula
department. An employee shall receive fourteen (1 4) days notice, unless extenuating
circumstances preclude such a notice, prior to revocation of flexible start hours. This arti
is not subject to the grievance procedure.
Article 33 Flexible Work Schedules
Employees hired on or after December 23, 1991, by departments/divisions currently
operating on an alternative work schedule shall be subject to having their daily work sched
changed at the sole discretion of the department. Such changes include, but are not limited i
number of days/hours to be worked on a daily basis and in a payroll period; b) normal days
and c) starting/ending times of assigned shifts. This article shall not be subject to the
grievance procedure.
9/80 Alternative Work Schedule:
The parties acknowledge that they met and conferred in good faith over the terms an(
conditions for implementation of a 9/80 work schedule. The result of that meeting i
conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by wl
23
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the parties will control implementation of the 9/80 schedule. Consistent with
Administrative Order No. 57, it is agreed that the 9/80 schedule will be implementec
a trial basis for a minimum period of nine (9) months and that an evaluation will be
conducted to determine whether the 9/80 will be adopted. This article shall not be
subject to the grievance procedure.
Article 34 Flexible Job S haring
Two or more employees may, with the express written approval of the City Manager, the Hu
Resources Director, and the affected Department Head, participate in a flexible job sharing
program. The specifics of such a program shall be determined by the employees and the City
a case by case basis. Prior to implementation of any such programts), a written
agreement setting forth the specifics of the program shall be signed by the affected employec
and the City.
This article shall not be subject to the grievance procedure.
Article 35 Hea I t h Insurance
The City agrees to apply funds from its medical insurance reserves so that employees with
coverage under either Northwestern or Kaiser will not pay more than the following:
MONTHLY
Emplovee Co ntribution Citv Co n tribu t io4 Cateaorv Nwestern Kaiser Nwestern Kaiser
Employee Only 11.62 7.06 184.46 130.00
Employee + 1 Dep. 41.20 14.10 414.94 260.00
Employee w/2 Dep. 66.00 19.96 530.26 368.1 6
This guarantee shall expire on December 31, 1995.
The parties agree that on or before June 30, 1995, dental insurance through Northwesterr
National Life will be implemented for Kaiser enrollees, and vision plan (plan to be determi
will be implemented for all employees. The parties further agree that they have met and
conferred regarding establishment of a wellness program to provide up to $250 in
reimbursements to each employee per calendar year. The parties further agree that the Ci
will meet and confer regarding the terms and conditions and benefits offered by the vision F
and the wellness program. The intent of the parties is to implement the wellness program I
June 30, 1995. The parties agree that the Association may opt not to participate in the
wellness program.
Article 36 State Disa b i I i tv Insurance
A Employees represented by CCEA will be enrolled in the State Disability Insurance
Program. (The City agrees to pay the premium.)
24
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B. Employees represented by CCEA shall be entitled to combine accumulated sick leave 1
State Disability payments for the purpose of achieving the equivalent of their pre-
disability salary to the extent allowed by law during any period of nonindustrial
disability. Under no circumstances shall the combination of sick leave and State
Disability Insurance payments exceed the employee’s pre-disability salary.
brticle 37 Lona Term Disabilitv
During the term of this memorandum, City agrees to continue to provide long term disabilit;
insurance. Said insurance shall provide for a ninety (90) day waiting period prior to paym
eligibility. In all other respects, said insurance shall continue unchanged.
Article 38 Retirement
A For CCEA represented employees the City shall continue to pay 100% of the employe
seven percent (7%) contributions to PERS. Further, the City will continue to pay 1
single highest year provision and survivors benefit plan. Effective within a reasona
period after final approval of this agreement, the City will take steps to amend its
contract with PERS to provide the third level of 1959 Survivors’ Benefits.
The City shall continue to contract with PERS for the military service credit option.
cost of this option is borne entirely by the employee. Payments by the employee to P
are to be arranged by the employee directly with PERS. Once such a payment schedu
has been approved by PERS, the employee may arrange with the City for such payms
to be made by means of payroll deduction.
B.
Article 39 Deferred ComDensation
The City shall provide for a Deferred Compensation Plan which may be utilized by any empl
on an optional basis. The City reserves the right to accept or reject any particular plan anc
impose specific conditions upon the use of any plan. Such plan shall be implemented withoi
cost to the City.
Article 40 Health Insurance for Retirees
Employees who retire from the City, either service or disability, shall be eligible to contin
participate in the City’s health insurance program. The cost of such health insurance for tl
employee, and eligible dependents, shall be borne solely by the employee. The City shall no
charge the COBRA administrative cost to the retirees.
In order to qualify for this benefit, the retiree must have a minimum of five (5) years of (
service and be a minimum of fifty (50) years of age.
The retiree must make arrangements with the City to prepay his/her monthly premiums ai
must keep such payments current to ensure continued coverage.
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A retiree who does not choose continued coverage upon retirement, or drops coverage, is not
eligible to return to the City’s health insurance program.
Article 41 Grievance Procedure
Definition
A “grievance” is a formal, written allegation by a grievant that he/she has been adversely
affected by an existing violation, misinterpretation or misapplication of the specific provisi
of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulatic
The City’s exercise of management rights is not reviewable under this procedure unless SUC
exercise also violates other provision(s) of the MOU and/or the Personnel Rules and
Regulations. A grievance is not reviewable if it would require the modification of a policy
established by the City Council or by law, or is reviewable under some other administrative
procedure and/or rules of the City, such as:
( 1 )
( 2 )
Procedu re
1.
Appeals from formal disciplinary proceeding.
Appeals from work performance evaluations.
Jnformal Resolution: Every effort shall be made to resolve a grievance through
discussion between the employee and hidher immediate supervisor. It is the spirit
intent of this procedure that all grievances are settled quickly and fairly without
subsequent discrimination and/or reprisals against employees who may seek to adju
grievance. Every effort should be made to find an acceptable solution at the lowest 11
of supervision. Within twenty (20) calendar days after a grievant knew, or by
reasonable diligence should have known, of the condition upon which a grievance ma)
based, the grievant shall attempt to resolve it by an informal conference with the
grievant’s immediate supervisor. The immediate supervisor shall give hidher
response to the employee within five (5) calendar days of the informal conference.
Forma I Reso lution: If the problem cannot be resolved between the employee and the
supervisor, the employee may, within twenty (20) calendar days from the date of
receiving the answer from his/her supervisor, request in writing and be granted an
interview with the division manager, if one exists, in order to discuss the grievance
If the division manager and employee cannot reach a solution to the grievance, the
employee may, within twenty (20) calendar days from the date of receiving the ans
from the division manager, request, in writing, and be granted an interview with th
Department Head.
The Department Head shall render his/her decision in writing within twenty (20)
calendar days of receiving the appeal. If the Department Head and employee are una
arrive at a satisfactory solution, the employee may, within twenty (20) calendar dz
2.
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from the date of the decision by the Department Head, submit a written appeal and be
granted an interview with the Assistant City Manager.
The Assistant City Manager shall render hidher decision in writing within twenty
calendar days of receiving the appeal. If the Assistant City Manager and the employe6
unable to arrive at a satisfactory solution, the employee may, within twenty (20)
calendar days from the date of the decision by the Assistant City Manager, request a
hearing before the Personnel Board.
The employee’s request for hearing before the Personnel Board must be addressed to
Human Resources Director and received in the Human Resources Department so that
same is date stamped by the Human Resources Department within the 20-day period
If, within the 20-day appeal period, the employee involved does not file said appeal,
unless good cause for the failure is shown, the action of the department shall be
considered conclusive and shall take effect as prescribed. If within the 20-day appe
period, the employee involved files such notice of appeal by giving written notice of
appeal to the Human Resources Department, an appeal hearing shall be established a
follows:
A Where practicable, the date for a hearing shall not be less than 20 calendar (
nor more than 60 calendar days, from the date of the filing of the appeal wit1 Human Resources Director. The parties may stipulate to a longer or shorter
period of time in which to hear the appeal. All interested parties shall be nc
in writing of the date, time, and place of hearing.
All hearings shall be private provided, however, that the Personnel Board s
at the request of the employee, open the hearing to the public.
Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issue{
the request of either party, not less than seven calendar days, prior to the
commencement of such hearing. After the commencement of such hearing,
subpoenas shall be issued only at the discretion of the Personnel Board.
The hearing need not be conducted in accordance with technical rules relating
evidence and witnesses. Any relevant evidence shall be admitted if the Perso
Board so determines, regardless of common law or statutory rules which mi
limit the admissibility of such evidence in court actions. Hearsay evidence i
admissible, but may not be the sole support for any finding. Irrelevant and
unduly repetitious evidence shall be excluded. Privileged information (e.g.,
communications between an attorney and client) shall be subject to the same
limitations as in court actions. The Personnel Board shall rule on the admis
or exclusion of evidence.
Each party shall have these rights: To be represented by legal counsel or otl
person of his/her choice; to call and examine witnesses; to introduce evidenc
cross-examine opposing witnesses on any matter relevant to the issues even
B.
C.
D.
E
27
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though that matter was not covered in the direct examination; to impeach any
witness regardless of which party first called him/her to testify; and to rebi
the evidence against him/her. If the employee does not testify in his/her owr
behalf, he/she may be called and examined as if under cross-examination. 0
evidence shall be taken only on oath or affirmation. A court reporter will be
engaged to record the hearing, unless the parties (City, Personnel Board,
employee/employee representative) mutually agree that same is not necessa
The hearing shall proceed in the following order, unless the Personnel Board
special reason, otherwise directs:
1.
2.
3.
F.
The Grievant shall be permitted to make an opening statement;
The City shall then be permitted to make an opening statement;
The Grievant shall produce the evidence on his/her part; the Grievant
bears the burden of proof and burden of producing evidence;
The City may then open its defense and offer its evidence in support
thereof; the City bears the burden of proof and the burden of producir
evidence for any affirmative defenses asserted;
The parties may then, in order, respectively offer rebutting evidence
only, unless the Personnel Board for good reason, permits them to of
evidence upon their original case;
Closing argument shall be permitted and written briefs may be perm
at the discretion of the Personnel Board.
4.
5.
6.
G The Personnel Board shall determine relevancy, weight, and credibility of
testimony and evidence. The Personnel Board shall base its findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
Personnel Board, in its discretion, for good cause, otherwise directs. No sti
photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during a hearing. The Personnel Board, prior to or during
hearing, may grant a continuance for any reason it believes to be important
reaching a fair and proper decision. The Personnel Board shall render its
judgement as soon after the conclusion of the hearing as possible and in no e\
later than 30 days after conducting the hearing. The decision shall set forth
which allegations, if any, are sustained and the reasons therefore. The opini
shall set forth findings of fact and conclusions. The opinion shall be advisor!
only.
The Personnel Board’s opinion and recommendation shall be filed with the C
Manager, with a copy sent to the Grievant, and the Human Resources Direct0
shall set forth its findings and recommendations.
H.
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I. Within 30 days of the receipt of the Personnel Board’s findings and
recommendation, and transcript (which is optional only in certain cases),
whichever date is later, the City Manager shall adopt, amend, modify or rejec
the recommended findings, conclusions, and/or opinions of the Personnel Boa
Prior to making a decision which modifies or rejects the recommendation of I
Personnel Board, the City Manager shall order and read the transcript of the
hearing. Prior to making a decision which supports the Personnel Board, the
City Manager may order and read the transcript, at his/her option. The City
Manager shall not conduct a de novo hearing. The City Manager may, at his/h
option, allow limited oral arguments and/or may request and review written
statements from either side. The decision of the City Manager shall be final ai
conclusive. Copies of the City Manager’s decision, including the Personnel
Board’s recommendation(s) shall be filed where appropriate.
Each party shall bear equally the cost of facilities, fees and expenses, includi
the court reporter and transcripts. Each party shall bear its own witness an
attorney fees. If either party unilaterally cancels or postpones a scheduled
hearing, thereby resulting in a fee charged by the court reporter, then the F
responsible for the cancellation or postponement shall be solely responsible
payment of that fee. This process shall not apply to mutual settlements by th
parties which result in a court reporter fee.
The provisions of Section 1094.6 of the Code of Civil Procedure shall be
applicable to proceedings under this section.
Neither the fact of these negotiations nor the changes negotiated in this agree1
shall be used by either party or by any individual to the prejudice of the 0th
party in any grievance or complaint outstanding as of the time of this agreen
General Guidelines for Grievance Procedu re: If the time limits for employees’ appe<
any step should elapse, the grievance shall be considered withdrawn. Time limits m
extended by mutual consent. If the City fails to respond within the prescribed time
limits, the grievance will be deemed to have been denied and the employee may go to
next step. If the City Manager fails to respond within the prescribed time limit, the
grievance will be deemed to have been denied and the employee will be deemed to hav
exhausted hidher administrative remedy.
The employee may request the assistance of another person of his/her own choosing
preparing and presenting hidher appeal at any levels of review. In the event the
employee desires the presence of a representative who is an employee of the City, hl
shall make such request through the supervisor and the supervisor shall make the
necessary arrangements for the employee representative to be present.
The employee and/or his/her representative may use a reasonable amount of work
as determined by the appropriate supervisor or Department Head in presenting the
appeal. However, no employee shall absent himself/herself without first being exci
by his/her supervisor.
J.
K.
L.
3.
29
m e
No employee shall be required to be represented by an employee organization in
processing a grievance.
Employees shall be assured freedom from reprisal for using the grievance procedure
both the City and the employee organization.
The settlement terms of a grievance which is processed by an employee individually
by an informally recognized employee organization shall not conflict with the expres
provisions of a Memorandum of Understanding between the City and the formally
recognized employee organization for such unit, if any.
Within twenty (20) working days after authorized representatives of the employee
organization knew of or by reasonable diligence should have known of a condition giv
rise to a grievance, employees may file a group grievance with the Human Resource:
Department. The group of employees must file one (1) grievance form which all
members of the group have read and signed. Members of the group will be limited ta
those who have read and signed the initial grievance form.
Upon receipt of the grievance form, the Human Resources Department will determin
whether the grievance should be classified as a group grievance, taking into account
whether one (1) set of circumstances or occurrences affects more than one (1)
employee in the same manner or to the same extent. The department may also deteri
in its discretion, that individual grievances should be consolidated into a group
grievance.
After approval of the grievance as a group grievance by the Human Resources
Department as specified above, group grievances shall proceed through all normal
grievance processes and be subject to all applicable time limitations and other
provisions as set forth above. However, the City may determine that a group grievai
shall be commenced directly at the City Manager level. The resolution of a group
grievance may not be consistent among all employees in the group grievance due to
differences in the circumstances or occurrences that brought about the grievance.
A group grievance affecting all members of an employee organization may be brougt
the organization itself.
The employee and the City may mutually agree to utilize a hearing officer in lieu of
Personnel Board, as provided herein, to render an advisory decision to the City Man
Article 42 Disciolinarv Procedures
The tenure of every City employee shall be based on reasonable standards of personal condL
and job performance. Failure to meet such standards shall be grounds for appropriate
disciplinary action, which shall be commensurate with the seriousness of the offense and v
consideration of the employee’s prior performance record. Grounds for discipline may inc
but are not limited to the following:
A Fraud in securing employment.
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B. Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, or
dishonesty.
Being under the influence of alcohol or intoxicating drugs, without a prescription, H
on duty.
C
D. Absence without leave.
E
F.
G
H. Abuse of sick leave.
I. Unauthorized outside employment.
J.
K.
L.
Criminal conviction having some relevance to the job.
Intentionally being discourteous to the public.
Unauthorized use of or neglect of City property.
Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
Falsification of any City report or record.
Willful violation of any of the provisions of the City Code, ordinances, resolutions 01
rules, regulations or policies which may be prescribed by the City Council, City
Manager, department manager, or supervisor.
Political activities precluded by State or Federal law.
Other acts which are incompatible with service to the public.
M.
N.
Des of Discidine
The following procedures shall be followed when, in the judgement of the Department Head,
employee has committed an act or omission that justified the disciplinary action indicated.
Except for written warnings/reprimands, the Department Head or hidher designee shall a(
employees of contemplated disciplinary actions in writing and allow the employee an
opportunity to respond to such charges prior to taking action. When life, or employee safe
endangered, or the self-control of an employee is questionable, a supervisor shall take
immediate action to reduce or eliminate the danger or to establish control. In case of an
emergency, an employee shall have all of the rights set forth herein, except the right to rec
prior written notice of proposed disciplinary action. The Human Resources Director must I
contacted immediately.
The following outline describes the progressive discipline process, beginning with inform2
counseling (which occurs when a potential problem is first identified) and progressing thrl
alternative actions that increase in severity, if the problem persists. The choice of alternz
disciplinary actions will vary in accordance with the severity of the performance problem,
will not necessarily follow the sequence as outlined herein.
31
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1. Qral Warnina/Reprimand: When a performance or behavioral problem is first
identified, the problem should be discussed with the employee, along with the steps t
need to be taken in effort to resolve the problem.
If counseling fails to produce the desired changes, oral warningsheprimands will be
given by the supervisor. The oral warning verbally notifies the employee that
performance must be improved.
If the employee fails to improve, more serious disciplinary action will be taken.
2. Written Warnina/Reprimand: If the warning/reprimand is in writing, the Departrr
Head shall give the employee a copy and forward a copy to the Human Resources Dirt
for review and retention in the employee’s personal history file. A written
warning/reprimand shall contain a description of the events which necessitated the
action, specific expectations of change by the employee, and notice of further action
the event a change by the employee does not occur. An employee shall have the right
attach a written rebuttal.
SusDensioq: A Department Head may suspend an employee with or without pay from
hidher position. A pre-disciplinary suspension shall be with pay. The appointing
authority shall advise the Human Resources Director in writing of such intended act
and shall give a copy of such statement to the employee. The written statement shall
contain a description of the events which necessitated the suspension, a statement of
charges, notification that the employee may review and be provided with the materii
leading to the suspension, the right of the employee to meet with the appointing aut1
and/or to respond in writing within a reasonable time frame to the charges, and notic
further action in the event a change by the employee does not occur. Unless extendec
approval of the City Manager on written recommendation of the Department Head, th
maximum period of suspension shall be thirty (30) calendar days. These procedure
are pre-disciplinary in nature.
Remot ion or Reduct ion in Pay: A Department Head shall advise the Human Resource:
Director in writing of hidher intention to demote or reduce the salary of an employ
prior to taking such action. In demoting an employee or reducing hidher salary, th
Department Head shall make a written notice and shall give a copy of said notice for
demotion or reduction in pay to the employee and forward a copy to the Human Resot
Director for review and retention in the employee’s personal history file. The wril
statement shall contain a description of the events which necessitated the demotion, I
statement of the charges, notification that the employee may review and be providec
the materials leading to the demotion or reduction in pay, the right of the employee ‘
meet with the appointing authority and/or respond in writing within a reasonable ti
frame to the charges, and notice of further action in the event a change by the emplo
does not occur. These procedures are pre-disciplinary in nature.
Dismissal: A Department Head shall advise the Human Resources Director in writin
hidher intention to dismiss an employee prior to taking such action. In dismissing
employee, the Department Head shall make a written notice and shall give a copy of
notice of dismissal to the employee and forward a copy to the Human Resources Din
32
3.
4.
5.
t 0 0
for review and retention in the employee’s personal history file. The written stater
shall contain a description of the events which necessitated the dismissal, a staterner
the charges, notification that the employee may review and be provided with the
materials leading to the dismissal, and the right of the employee to meet with the
appointing authority and/or respond in writing within a reasonable time frame to tt
charges. These procedures are pre-disciplinary in nature.
Notices
Written notices will be given to the employee in person whenever possible and the employec
signature obtained to indicate receipt. In the absence of personal service, the notice may be
by registered mail.
Emplovee’s Response
An employee’s opportunity to respond to the appointing authority is not intended to be an
adversary hearing. An employee has the right to have a representative of his/her own choc
at the meeting. The employee need not be accorded the opportunity to cross-examine a
department’s witnesses, nor to present a formal case in opposition to the proposed disciplir
However, the limited nature of this response does not obviate the appointing authority’s
responsibility to initiate further investigation if the employee’s version of the facts raises
doubts as to the accuracy of the Department Head’s information leading to the discipline
proposal. An employee may elect not to respond, thereby waiving any further pre-discipl
response.
The appointing authority, or hidher designee, will evaluate the proposed discipline in ligh
the employee’s response, if any. Within five (5) working days of the employee’s response
deadline for response, a decision will be transmitted in writing to the employee. Service 01
decision will be in person or by registered mail.
PIppea I Procedu res
Any permanent employee in the classified service shall have the right to appeal any
termination, suspension of more than one (1) work shift, reduction in salary, or non-
probationary demotion. The appeal process shall not be applicable to those positions which
be deemed exempt or to probationary employees. The appeal process shall not be applicable
verbal and written reprimands, suspensions of one (1) work shift or less, probationary
demotions, performance evaluations and denial of merit increases.
An employee desiring to appeal the appointing authority’s decision shall have ten (10) calc
days after receipt of the response to request a hearing. The employee’s request for a hearii
must be addressed to the Human Resources Director and received in the Human Resources
Department so that same is date stamped by the Human Resources Department within the
day period.
33
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If, within the 10-day appeal period, the employee involved does not file said appeal, unless (
cause for the failure is shown, the action of the appointing authority shall be considered
conclusive and shall take effect as prescribed. If within the 10-day appeal period, the empl
involved files such notice of appeal by giving written notice of appeal to the Human
Resources Department, an appeal hearing before the Personnel Board shall be established a2
follows:
A Where practicable, the date for a hearing shall not be less than 20 calendar days, nc
more than 60 calendar days, from the date of the filing of the appeal with the Human
Resources Director. The parties may stipulate to a longer or shorter period of time
which to hear the appeal. All interested parties shall be notified in writing of the
date, time, and place of hearing.
All hearings shall be private provided, however, that the Personnel Board shall, at
request of the employee, open the hearing to the public.
Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than seven calendar days, prior to the commenceme
such hearing. After the commencement of such hearing, subpoenas shall be issued c
at the discretion of the Personnel Board.
The hearing need not be conducted in accordance with technical rules relating to evid
and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence o
which reasonable persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules which might make
improper admission of such evidence over objection in civil actions. Hearsay evider
may be used for the purpose of supplementing or explaining any direct evidence bu
not be sufficient in itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be effective to the same exte
that they are now or hereafter may be recognized in civil actions, and irrelevant an
unduly repetitious evidence shall be excluded. The Personnel Board shall not be bo1
by technical rules of evidence. The Personnel Board shall rule on the admission or
exclusion of evidence.
Each party shall have these rights: To be represented by legal counsel or other per:
hidher choice; to call and examine witnesses; to introduce evidence; to cross-exan
opposing witnesses on any matter relevant to the issues even though that matter wa!
covered in the direct examination; to impeach any witness regardless of which part
first called him/her to testify; and to rebut the evidence against him/her. If the
employee does not testify in hidher own behalf, he/she may be called and examined
under cross-examination. Oral evidence shall be taken only on oath or affirmation.
court reporter will be engaged to record the hearing, unless the parties (City, Per!
Board, employee/employee representative) mutually agree that same is not necess
The hearing shall proceed in the following order, unless the Personnel Board, for s
reason, otherwise directs:
B.
C
D.
E
F.
34
0 0 III 3
1.
2.
3.
The party imposing discipline shall be permitted to make an opening statemc
The appealing party shall then be permitted to make an opening statement;
The party imposing disciplinary action shall produce the evidence on his/he
part; the City bears the burden of proof and burden of producing evidence;
The party appealing from such disciplinary action may then open his/her def
and offer hidher evidence in support thereof; the employee bears the burder
proof and the burden of producing evidence for any affirmative defenses ass€
The parties may then, in order, respectively offer rebutting evidence only,
unless the Personnel Board for good reason, permits them to offer evidence I
their original case;
Closing argument shall be permitted and written briefs may be permitted at
discretion of the Personnel Board.
4.
5.
6.
G The Personnel Board shall determine relevancy, weight, and credibility of testirnonj
evidence. Personnel Board shall base its findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall t
excluded from the hearing unless the Personnel Board, in its discretion, for good ca
otherwise directs. No still photographs, moving pictures, or television pictures sh
taken in the hearing chamber during a hearing. The Personnel Board, prior to or d
a hearing, may grant a continuance for any reason it believes to be important to rea
a fair and proper decision. The Personnel Board shall render its judgement as soon
the conclusion of the hearing as possible and in no event later than 30 days after
conducting the hearing. The decision shall set forth which charges, if any, are sust;
and the reasons therefore. The opinion shall set forth findings of fact and conclusioi
The opinion shall be advisory only.
The Personnel Board may recommend sustaining or rejecting any or all of the char$
filed against the employee. The Personnel Board may recommend sustaining, rejec
or modifying the disciplinary action invoked against the employee. The Personnel E
may not recommend discipline more stringent than issued by the appointing authoi
The Personnel Board’s opinion and recommendation shall be filed with the City Mar
with a copy sent to the charged employee, and the Human Resources Director and st
set forth its findings and recommendations. If it is a dismissal hearing and a dismi:
not the Personnel Board’s recommendation, the opinion shall set forth the date the
employee is recommended to be reinstated and/or other recommended action. The
reinstatement date, if appropriate, may be any time on or after the date of discipli
act ion.
Within 30 days of the receipt of the Personnel Board’s findings and recommendatio
transcript (which is optional only in certain cases), whichever date is later, the (
Manager shall adopt, amend, modify or reject the recommended findings, conclusio
and/or opinions of the Personnel Board. Prior to making a decision which modifie:
H.
I.
35
e 0 I,, *
rejects the recommendation of the Personnel Board, the City Manager shall order an
read the transcript of the hearing. Prior to making a decision which supports the
Personnel Board, the City Manager may order and read the transcript, at his/her 01
The City Manager shall not conduct a de novo hearing. The City Manager may, at his
option, allow limited oral arguments and/or may request and review written statern
from either side. The decision of the City Manager shall be final and conclusive. Col
of the City Manager's decision, including the Personnel Board's recommendation(s)
shall be filed where appropriate, including the employee's personnel file, unless no
discipline is upheld by the City Manager.
Each party shall bear equally the cost of facilities, fees and expenses, including the
reporter and transcripts. Each party shall bear its own witness and attorney fees.
either party unilaterally cancels or postpones a scheduled hearing, thereby resultir
a fee charged by the court reporter, then the party responsible for the cancellation
postponement shall be solely responsible for payment of that fee. This process shal
apply to mutual settlements by the parties which result in a court reporter fee.
In the case of suspension, demotion, reduction in salary, or dismissal prescribed bl
City Manager, the time of such suspension, demotion or dismissal shall be effective
the first day after such delivery of said decision or shall relate back to and be effec
as of the date the employee was disciplined from duty pending hearing before and de
by the City Manager, whichever is applicable. If discipline imposed resulted in los!
pay, and the decision results in reduction or elimination of loss of pay, the pay loss
be restored to the employee based on the number of standard work hours lost compu
hidher then base hourly rate.
The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable
proceedings under this section.
The employee and the City may mutually agree to utilize a hearing officer in lieu of
Personnel Board, as provided herein, to render an advisory decision to the City Mar
J.
K.
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L.
M.
Article 43 Alcohol and Drua Policv
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work enviror
free from the effects of drugs and alcohol consistent with the directives of the Drug
Workplace Act. This policy is intended to accomplish that objective.
A Definitions - As Used in This Policv:
1. "Drug" means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limitec
prescription medications, heroin, cocaine, morphine and its derivat
36
0 0 I,,
P.C.P., methadone, barbiturates, amphetamines, methamphetamines,
alcohol, marijuana, and other cannabinoids.
“Workplace” means any site where City-assigned work is performec
including City premises, City vehicles or other premises or vehicles
while City-assigned work is being conducted, or within a reasonable
thereafter.
“Reasonable suspicion” means a standard for evidence or other indic
of impairment of normal physical or mental skills by alcohol or druc
where such impairment could negatively affect work performance or
could pose a threat to public or employee safety.
2.
3.
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 unc
the influence of alcohol or drugs in the workplace or while o
call;
submit to an alcohol and drug analysis and remain on the prei
when requested to do so by City management, acting pursuant
this policy, or by law enforcement personnel;
notify the City of any conviction under a criminal drug statut
(including any pleas of nolo contendere), if such conviction \II
based on a violation which occurred in the workplace, no latc
than five days after such conviction;
(notification under this subsection does not relieve an emplo)
from the disciplinary consequences of the conduct upon which
criminal conviction is based); and
abide by all terms of this policy.
b.
c.
d.
Employees are encouraged to notify their supervisors when taking a
medication or drugs, prescription or non-prescription (over-the-
counter medications), which may interfere with safe or effective
performance of their duties or operation of City equipment.
Off-duty involvement with any controlled substance including, but r
limited to manufacture, distribution, dispensing, possession, use or
conviction under a criminal drug statute whose scope and employme
relevant to City employment may result in disciplinary action up to
including termination if there is relevant nexus between such off-dl
2.
3.
37
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involvement and the employee’s employment with the City, consisten
with the legal requirements for disciplinary due process.
C. Em plover Searches
For the purpose of enforcing this policy and maintaining a drug-free workpl
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 j
control with the employee, including but not limited to City vehicles, desks,
lockers, file cabinets, and bookshelves. These areas 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 L
full or joint City control since such work areas may be subject to investigat
and/or search under this policy.
Employer searches shall occur when there is a determination of “reasonable
suspicion” as defined herein. Such searches shall be conducted by persons t
supervisory and/or other legal authority to conduct such searches. Search6
not normally occur without concurrence of more than one supervisor. Noth
herein shall prevent the City from taking appropriate action if there is an
inadvertent discovery of evidence of drug or alcohol use.
Con seaue n ces of Violation of Policy
1.
D.
Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
In addition to any disciplinary action, an employee who fails to abide
this policy may also be directed to satisfactorily participate in an
approved alcohol or substance abuse assistance or rehabilitation pro
2.
II. DRUG AND ALCOHOL ANALYSIS
A Pre-emdovment Drua and Alcohol Analvsis
1. Prior to receiving an 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,” urint
blood analysis.
Persons whose results are positive for either drugs or alcohol will t
rejected for City employment.
2.
38
e a ,,I *
B. Emplovee Drua and Alcohol Analvsis
1. If a manager or supervisor of the City has reasonable suspicion that t 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’ discretion, this analysis may be in the form of “breathalizer, urine, or blood analysis.
An employee may also be required to remain on the premises
reasonable time until arrangements can be made to transport
employee to his or her home.
c.
2. Some examples of “reasonable suspicion” as defined in Section 1 .A.3 include, but are not limited to, the following, when confirmed by mo 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;
an accident involving City property having no obvious causal explanation other than possible employee responsibility;
physical or verbal behaviors that are disruptive, non-respo unusual for that employee or otherwise inappropriate to the
workplace situation;
attributable possession of alcohol or drugs;
information obtained from a reliable person with personal
knowledge that would lead a reasonably prudent supervisor tc
believe that an employee is under the influence of alcohol or
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 gr for discipline, up to and including termination.
A drug and alcohol analysis may test for the presence of any drug wt could impair an employee’s ability to effectively and safely perform functions of his or her job.
d.
e.
f.
9-
3.
4.
39
* e I,!'
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
City agrees to take steps to protect the chain of custody of any drug te
sample.
6.
111. EMPLOYEE ASSISTANCE PROGRAM
A The City has a well established voluntary Employee Assistance Program (EA
assist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employc
the City wishing confidential assistance for a possible alcohol or drug problc
can call the EAP office and arrange for an appointment with a counselor. The
program is provided by National Resource Consultants (NRC) and can be reac
by calling l(800) 999-7222.
Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-referri
contacts are held in confidence by the EAP.
Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation
any City policy.
B.
C
Article 44 Air Pollution Control District
During the term of this Memorandum, the parties will meet and confer on requirements im
by the Air Pollution Control District. Nothing herein shall preclude implementation of suc
requirements upon completion of the meet and confer process.
Article 45 Access to Information
The City will make available to CCEA such nonconfidential information pertaining to emplo
relations as is contained in the public records of the City, subject to the limitations and
conditions set forth in this article and Government Code Section 6250-6260.
Such information shall be made available during regular office hours in accordance with tl
City's rules and procedures for making public records available and after payment of reas
costs, where applicable.
Information which shall be made available to CCEA includes regularly published data cove
subjects under discussion. Data collected on a promise to keep its source confidential may
made available in statistical summaries, but shall not be made available in such form as tc
disclose the source.
40
0 0 f,I %
Nothing in this article shall be construed as requiring the City to do research for an inquir
to do programming or assemble data in a manner other than usually done by the City.
Nothing in this article shall be construed to require disclosure of records that are:
( 1 ) Personnel, medical and similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy or be contrary to merit system principle
Working papers or memoranda which are not retained in the ordinary course of bus
or any records where the public interest served by not making the record available
clearly outweighs the public interest served by disclosure of the record;
Records pertaining to pending litigation to which the City is a party, or to claims or
appeals which have not been settled.
( 2 )
( 3 )
Article 46 Communications
The parties agree to continue meeting at least once each month during the term of the agree
for the purpose of continuing communications on subjects of mutual concern.
Article 47 Leaal Representation
Upon request of an employee and subject to any limitations provided by law, the City will
provide for the defense of any civil action or proceeding initiated against the employee by a
person or entity other than the City in a court of competent jurisdiction, on account of any
or omission occurring within the course and scope of his/her employment as an employee c
City.
Nothing herein shall be deemed to require the provision of such defense where the discretic
provide or not provide such defense is vested in the City pursuant to the provisions of the
California Government Code, or where the act or omission was not within the scope of the
employee’s employment, or the employee acted or failed to act because of actual fraud,
corruption or actual malice, or where the provision of such defense would create a conflict
interest between the City and the employee.
Nothing herein shall be construed to grant to any employee any right or privilege in additia
those provided in the said Government Code.
Article 48 Lavoff
Lavoff: The City may layoff an employee in the merit service because of material change ir
duties or organization or shortage of work and funds. Ten working days prior to the effecti
date of a layoff, the Department Head shall notify the Human Resources Director of the intei
action with reasons therefore, and a statement certifying whether or not the services of th
employee have been satisfactory. A copy of such notice shall be given the employee affectec
certified as having given satisfactory service, the name of the employee laid off shall be pl:
on the appropriate reemployment list as provided by these rules.
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Reduction in Force Procedu res: The following procedures will apply to all probationary anc
permanent employees in the event of a reduction in the City work force.
(a) Pefinitions: The following definitions apply to these procedures:
..
( 1 ) City Service Seniority shall be determined as the period of total continuous
service with the City as measured from the date of original appointment.
Classification Seniority shall be determined as the period of total continuous
service of an employee in the present classification as measured from the dal
appointment to that classification.
( 2 )
(b) Reduct ion in Force--Demotion: Whenever there is a reduction in work force the C
shall first demote to a vacancy, if any, in a classification, which the employee with
greatest length of continuous City service has previously served and is determined tl
currently qualified. An employee may refuse to accept a demotion and accept layoff
without jeopardizing reemployment rights otherwise provided for in this procedurt
Peduction in Force--Lavoff: Whenever there is a reduction in the work force, the 1
shall secondly layoff employees within a classification according to continuous serv
seniority. Employees with the least continuous City service shall be laid off first.
Notificatiob: Whenever there is a reduction in the work force requiring layoff, the
shall send written notice to the last known address of each employee affected by a la
The notice shall include the (1) reason for layoff, (2) classes to which the employe
may demote within the City, if any, (3) effective date of action, (4) conditions
governing retention on and reinstatement from reemployment lists, and (5) rules
regarding waiver of reinstatement and voluntary withdrawal from the reemployme
list.
(c)
(dl
(e) D Q h f i ri : In determining continuous City service seniorit) uninterrupted employment from the original date of hire, including periods of
authorized leaves of absence and including all periods of time service seniority, all
uninterrupted employment from the original date of hire, including periods of
authorized leaves of absence and including all periods of time served as a limited te
CETA employee, shall be counted as continuous City service seniority.
Order of Reduct ion in Force: In a reduction in force the following order of layoffs s
be followed: (1) part-time, temporary and provisional employees in the affected
classification series; (2) limited term employees in reverse order of their senior
the affected class series; (3) City probationary employees in reverse order of the
classification seniority in the affected class series; (4) should there be need for f
reduction, regular employees in the affected classification series shall be given thc
opportunity to accept or refuse demotion as previously described in Section B in rt
order of their classification seniority; (5) should a reduction in force still be
necessary, regular employees shall be laid off in reverse order of their classificat
seniority.
(f)
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ioritv: Peterminina Order of Layoff and Demotion for Employees With Identical Sen
Should two or more employees have identical seniority, the order of layoff and demo
will be determined by alphabetical order of the employees’ surnames.
Transfer: All effort will be made by the City to transfer any employee who is to be
affected by a reduction in force to another vacant position for which such employee r
qualify.
Order and Method of Demotion Pursuant to a Reduct ion in Force--Bu mDing: . When
required due to a reduction in force, employees shall be demoted in the following ma
( 1 )
(9)
( h )
(i)
Employees who are demoted, who have held permanent status in a lower
classification shall have the right to bump employees of lesser seniority in
lower classification.
Employees who have not actually held status in a lower classification shall bi
allowed to demote to a vacant position or to a position held by a City probatic
employee in such lower class, but may not bump regular City employees alrr
in that lower classification.
( 2 )
(j) Reinstatement of Emplovees Demoted as a Result of a Reduct ion in Work Force:
Employees who are demoted as a result of a reduction in force shall have their name
placed on a reinstatement list, in order of their seniority. Vacant positions in whict-
employee has served within a classification series shall first be offered to employee
this list.
Reemplovment of Employees Laid Off as a Result of a Reduct ion in Force: Employees
are laid off and who held permanent City status at the time of layoff shall have theii
names placed on a reemployment list for classifications at the same or lower salaq
range for which they qualify in the order of their classification seniority. Vacant
positions in such classifications will be offered to eligibles on the reemployment li
who qualify for such vacancies prior to an open or promotional recruitment.
Ourat ion of Reinstat e ment and Reemployme nt Lists: The eligibility of individuals oi
reinstatement and reemployment list shall extend for a period of two years from the
of demotion or layoff. Eligibles not responding to written notification of an opening
ten working days shall have their names removed from either the reemployment or
reinstatement list.
Rest0 ration of Benefits Up0 n Reemdovment Followina a Reduct ion in Force: Upon
reemployment following a reduction in force, an individual will have the following
benefits restored:
( 1 )
( 2 )
(k)
(1)
(m)
Prior sick leave accruals.
Seniority at time of layoff for purposes of determining merit increases, vac
accruals and future reduction in force.
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( 3 ) The salary paid to an employee who is reemployed shall be equivalent to the
salary plan at the time of reemployment. If the employee chooses to be
reemployed in a classification which has a salary range lower than the
classification from which he was laid off, then salary placement will be in th
range at the “E” step as reflected in the current effective salary plan at the
of reemployment.
Pavoff o f Accruals Upon Layoff: Laid off employees are to be paid for all accrued hol
vacation, compensation time and overtime when separated as a result of a layoff. Thc
sick leave accruals of such employee will remain on the books and will be reinstate(
they are reappointed.
Retirement Co ntribution: The disposition of the retirement contributions of a laid f
employee shall be governed by the provisions of the State of California Public
Employees’ Retirement Law as contained in the Government Code.
(n)
(0)
Article 49 Carlsbad Municipal Water District
1. Effective February 17, 1992, employees of the Carlsbad Municipal Water District
(“CMWD”) shall become employees of the City of Carlsbad (“City”). Each CMWD
employee shall retain his/her CMWD classification, salary range, salary step, sak
anniversary date, and seniority date upon becoming a City employee. Each employet
job title, salary range, and salary step shall be subject to future modification upon
completion of a City classification and compensation study. In no instance shall an
employee’s salary be reduced as a result of the City classification and compensation
study.
Effective February 17, 1992, each CMWD employee shall be subject to the City’s
personnel system as established by the municipal code, the personnel rules and
regulations, administrative orders, the applicable memorandum of understanding, i
other applicable ordinances, resolutions, and rules and regulations dealing with
personnel and employer-employee relations.
Effective February 17, 1992, each CMWD employee shall be subject to the work r
and operations rules of the City.
Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits
granted to CMWD employees as outlined in Attachment B (attached).
Unless specifically set forth in paragraph 4 above, all other fringe benefits shall bc
same as those for City employees in the appropriate bargaining units as of Februal
1992.
Employees hired on or after February 17, 1992, into the water operation shall noi
eligible for those benefits set forth in paragraph 4 above.
2.
3.
4.
5.
6.
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0 0 31 1 *
7. Employees who terminate service with the City (by reason other than lay off) shall
be eligible for the benefits set forth in paragraph 4 above upon reinstatement to the
City.
Employees covered by this provision are listed in Attachment C.
No current City employees will be laid off as a result of assimilation of CMWD
employees.
Former CMWD employees will be in the bargaining unit represented by CCEA.
8.
9.
10.
Article 50 Full Understandina. Modification. & Waiver
It is intended that this agreement sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreements by the parties, whether formal or informal, regarding any such matters are hi
superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that CCEA hereto volun
and unqualifiedly waives its right, and agrees that the City shall not be required to negotiat
with respect to any subject or matter covered herein during the term of this agreement.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless mi
and executed in writing by all parties hereto and, if required, approved and implemented b
City Council.
The waiver of any breach, term or condition of this agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
Article 51 P rovisions of Law
It is understood and agreed that this Memorandum of Understanding is subject to all curren
future applicable federal and state laws, federal and state regulations. If any part or prov
of the Memorandum of Understanding is in conflict or inconsistent with such above applica
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tril
or competent jurisdiction, such part or provision shall be suspended and superseded by su
applicable law or regulations, and the remainder of this Memorandum of Understanding sh
be affected thereby.
Article 52 Retention of Benefits
The employees of the City of Carlsbad shall retain all present benefits for the term of this
agreement, except as amended by this Memorandum.
45
e 0 SI. k
Article 53 Non-discrimination Clause
No person shall in any way be favored or discriminated against, by either the City or the
Association, to the extent prohibited by law because of political opinion or affiliation, race,
color, religion, sex, marital status, age, national origin, veteran status, medical condition
physical or mental disability. This affects decisions including, but not limited to, an emplo!
compensation, benefits, terms and conditions of employment, opportunities for promotion,
training and development, transfer and other privileges of employment.
The City is committed to providing ongoing training to all employees on the subjects of equa
employment, non-discrimination and cultural awareness.
Article 54 Emplover-Emplovee 0 raanization Relations Resolut ion
The Employer-Employee Organization Relations Resolution, attached and incorporated as
Attachment D, shall be adopted at a future date by the City.
Article 55 Americans With Disabilities Act
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) anc
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
Article 56 Familv Leave Act
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply
implement this MOU so as to comply with the Act. The parties agree to consult if compliant
with the Act may require modifying the provisions of this MOU.
46
0 0 ,I* J t
IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized
representative to execute the Memorandum of Understanding the day, month, and year noted
below.
City of Carlsbad
June 21, 1995
Date
9 -4- ar,lsss. - Date
'L
RONALD R. BALL, City Attorney g ,2/* 5s".
dslq3'
i date
47