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HomeMy WebLinkAboutCarlsbad Police Officers' Association; 1990-07-30;6 a 9 IJ f SIDE LETTER AGREEMENT TO CPOA MOU DATED JUNE 25. 8 Clarification of Article 14.2 During the remainder of the current CPOA MOU dated June 25, 1990, Article 14. be implemented as follows. Article 14.2 These minimum-hour guarantees shall not apply if the court appearance is contiguous with the commencement of the employees regularly scheduled work shift. In that situation tl employee shall receive applicable overtime Compensation a following rate. Any subpoena received with an appearance time of two (2) I prior to the commencement of the employee's work shift will receive two (2) hours compensation at the overtime pay rate Any subpoena received with an appearance time of one (1) prior to the commencement of the employees work shift will receive one (1) hour compensation at the overtime pay rate. Officers who receive subpoenas for separate cases on the s day that overlap minimum hour designations are entitled to continuous time as opposed to separate three/four hours minimums. Examp le : An officer working morning watch gets off duty at 0700 hour has two subpoenas with the appearance time on one for 10 hours and appearance time on the second for 1330 hours. Minimum overtime compensation on the first subpoena is fo hours and runs through 1400 hours. The appearance time second subpoena falls within the first four-hour minimum ai therefore continuous time running through the completion c court appearance on the second subpoena. In this example if the officer clocks in at 1000 hours on the f subpoena, is dismissed at 11 00 hours; clocks in at 1330 hc the se nd subpoena and is dismissed at 1500 hours, he/s ti e o five hours overtime compensation. gr&,. R bert B. les, Chief of Police t 1/49) 3 1 1 0 e MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS ASSOCIATION Term: June 25, 1990 - June 22, 1992 TABLE OF CONTENTS Preamble Page Article 1 Implementation Page Article 2 Terms and Renegotiation Page Article 3 Retention of Benefits Page Article 5 Recognition Page Article 6 Savings Clause Page Article 7 Nondiscrimination Page Article 8 Compensation Adjustments Page Article 9 Management Rights Page Article 10 G r i eva n ce P%ro ced u re Page Article 11 Stand-by Time Pay Page Article 12 Bilingual Pay Page Article 13 Basic Work Week/Work Day Page Article 14 Court Pay Page Article 15 Sick Leave Page Article 16 Association Rights Page Article 17 Overtime Pay Page Article 18 Call Back Pay Page Article 19 Seniority Page Article 20 Legal Rep resen ta t i on Page Article 21 Peaceful Performance of City Service Page Article 22 Discipline of an Employee Page Article 23 Probationary Period Page Article 24 Retirement Benefits Page Article 25 Health Insurance Page Article 26 Uniform Reimbursement Page Article 27 Education Incentive Page Article 28 Field Training Officer Page Article 29 Vehicles for Investigations Page Article 30 Long Term Disability Page Article 31 Pregnancy Disability Leave Page Article 32 Disability Retirement Page Article 33 Vacation Page Article 34 Holidays Page Article 4 Authorized Agents Page q 0 0 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into as of the date of formal appro hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City") and the desi! representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "CPOA). PREAMBLE It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the City management representatives and the local safety police employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; to set forth the agreement of the parties reached as a result of good faith negotiations rega wages, hours and other terms and conditions of employment of the employees covered und Memorandum, which agreement the parties intend jointly to submit and recommend for C Council approval and implementation. ARTICLE 1. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the Cit Council following ratification of the Memorandum by the membership of CPOA. It is agree the City will act in a timely manner to make the changes in City ordinances, resolutions, policies and procedures and those of the Police Department necessary to implement this Memorandum. ARTICLE 2. TERM AND RENEGOTIATION 2.1 The term of this Memorandum of Understanding shall commence on June 25, and shall continue until June 22, 1992. Negotiations for a successor Memorandum of Understanding shall begin by tht exchange of written proposals on or before March I, 1992. 2.2 ARTICLE 3. RETENTION OF BENEFITS Existing benefits contained in this Memorandum of Understanding shall not be changed dt the term of this agreement without the mutual consent of the parties hereto. Existing be not set forth in this Memorandum which fall within the scope of representation shall not changed by the City without advance notice and an opportunity to meet and confer regardii change. The parties recognize and accept the concept of past practices as to matters with scope of representation and agree to meet and confer regarding a proposed change in any : practices. The City shall not propose any such changes unless required to do so for open or organizational reasons. , 0 0 ARTICLE 4. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: 4.1 City's principal authorized agent shall be the City Manager or a duly authorize( representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (61 9) 434-2821) except where a particular representative is specifically designated in connection with the performance of a specific functic obligation set forth herein. CPOAs principal authorized agent shall be its President or duly authorized representative (Address: P.O. Box 1392, Carlsbad, California 92008; Teleph (619) 931-2144) and Law Offices of Silver, Goldwasser & Shaeffer, (1428 Second Street Santa Monica, California 90401 ; Telephone (213) 393-1486) 4.2 ARTICLE 5. RECOGNITION The City recognizes CPOA as the majority representation of the bargaining unit thal incluc classifications of Police Recruit, Police Officer, Senior Police Officer, Police Sergeant, Communications Operator I, Communications Operator II, Communications Shift Supervisl Communications and Records Supervisor. ARTICLE 6. SAVINGS CLAUSE 6.1 If any articles of this Memorandum of Understanding should be found invalid, unlawful or unenforceable by reason of existing or subsequent enacted legisla by judicial authority, all other articles and sections of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. 6.2 In the event of invalidation of any article or section, the extinguished benefit be replaced by a substitute benefit of comparable value. The City and the Ass( shall meet within thirty (30) days following the invalidation for the purpose determining the specific nature and form of the replacement benefit. ARTlCLE7. NO"ATION_CLAUSE 7.1 As a result of this Memorandum of Understanding, no person shall in any way favored or discriminated against, by either the City or the Association, to the prohibited by law because of political or religious opinions or affiliations, 01 because of racial or national origin, or because of age or sex or physical hand 1 I 4D 0 7.2 Neither City nor Association shall interfere with, intimidate, restrain, coerce discriminate against employees covered by this Memorandum of Underslandinc because of exercise of rights to engage or not engage in Association activity or because of the exercise of any right provided to the employees by this Memorai of Understanding. ARTICLE 8. COMPENSATION ADJUSTMENTS 8.1 Effective June 25, 1990, the base salary of each employee in each classificati represented by the CPOA shall be increased by a general wage increase of five percent (5%) and a special equity adjustment of three and one quarter percer 1/4%) to be applied simultaneously. For the purpose of determining the salary increase effective June 24, 1991. parties shall conduct a survey of salaries in the cities of Chula Vista, Coronadc Escondido, El Cajon, La Mesa, National City, Oceanside, San Diego and the Cour San Diego (Sheriff's Office), subject to the following conditions:, 8.2.1 8.2 The survey will be conducted during the month of September, 1 and shall be completed on or before September 30, 1991. The survey will be conducted jointly. The survey will determine the top merit step salary in the abovc jurisdictions for the classifications of police officer, except thai the City of Oceanside, the parties shall utilize the top merit sala for the position of Senior Police Officer in a manner consistent the approach taken in ascertaining salary increases for employec respresented by CPOA effective July 1, 1989. If any of the above agencies has not concluded its negotiation pro( September 1, 1991, and has not set salary rates for the ensuins year, then that agency shall be excluded from the survey. The City of Carlsbad shall not be included in the survey or in an) averaging discussed below. 8.2.2 8.2.3 8.2.4 8.2.5 8.3 Once the above survey has been conducted, salary adjustments will be made ba the following provisions: 8.3.1 The salary schedule of the classification of Police Officer shall b adjusted so that the top salary step shall be an amount equal to t and one half percent (3.5%) above the average of the top merit of the corresponding classification in the survey conducted purs section 8.2. Following that adjustment all other steps for the classification of Police Officer and all other classifications covei this Memorandum of Understanding shall be adjusted in a like rr so as to maintain the prior percentage differential between them the top salary step of the classification of Police Officer. Conse 0 0 as a result of these adjustments, each employee represented by CF shall receive an identical percentage increase to that received by employees occupying the 'top salary step in the classification of F Officer. In no event shall any employee suffer a decrease in salary on accc application of the survey formula set forth herein. In the event that the salary adjustments are less than one percen City shall not be under any obligation to adjust salary. 8.3.2 8.3.3 (1%) of salary when the survey formula is applied hereunder, t The above described survey and adjustment process shall be utilized based upc salaries in effect on September 1, 1991, with adjustments to be effective retroactive to June 24, 1991. This process shall be completed on or before September 30, 1991, and any retroactive payments shall be made on or befoi date. Employees shall be paid at the Police facility in the customary bi-weekly schc Paychecks may not be withheld except for just cause. 8.4 8.5 ARTICLE 9. MANAGEMENT'S RIGHTS The rights of the City including but not limited to the exclusive right to determine missioi constituent departments, commissions, and boards; set standards of service; determine procedures and standards of selection for employment and promotion; direct its employee: disciplinary action: to relieve employees from duty because of lack of work or other legit reasons; to transfer employees among various department activities and organizations; maintain the efficiency of government operations; determine the methods, means, and per by which government operations are to be conducted; determine the contents of job classifications; take all necessary actions to carry out its mission in emergencies; and ex complete control and discretion over its organization and technology of performing its wo exercising these rights, the City shall comply with all applicable provisions of this Memorandum of Understanding. Nothing herein shall require the City to meet and confer its exercise of rights hereunder. ARTICLE 10. GRIEVANCE PROCEDURE 10.1 Purpose. The purpose and objectives of the Grievance Procedure of the City a Carlsbad are: 10.1 .I To promote improved employer-employee relations by establisl provided by other regulations. To assure fair and equitable treatment of all employees and pron harmonious relations among employees, supervisors and managi grievance procedures on matters for which appeal or hearing is 10.1.2 0 0 10.1.3 To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to i grievances throughout the several supervisory levels where necessary. To provide that appeals shall be conducted as informally as possi To resolve grievances as quickly as possible and correct, if poss the cause of grievances, thereby reducing the number of grievanc future similar complaints . This grievance procedure is applicable to all employee classificE represented by the CPOA in the Police Department of the City of Carlsbad. Definitions. For the purpose of this grievance procedure the following definit shall apply: 10.2.1 10.2.2 10.2.3 Department: An office, department or institution of the City. 10.2.4 10.1.4 10.1.5 10.1.6 10.2 City Man=: The City Manager. Assistant Citv Manaaer: An Assistant City Manager. DeDartment Head o r Head o f a Department: The chief executive ( of a department. 10.2.5 Personnel Officer: The Personnel Officer or his authorized representative. Employee o r City Employee: Any officer or employee of the City except an elected official. Emplovee Representative: An individual who appears on behalf ( employee. Grievance: A complaint of an employee or a group of employees policies which come under the control of a Department Head. 10.2.6 10.2.7 10.2.8 out of an application or interpretation of existing rules, regulat 10.2.9 Immediate SuDe rvisor: The individual who assigns, reviews or the work of an employee. 10.2.1 0 Interested Partv: An individual having pertinent and/or immed knowledge of the circumstances out of which the grievance arosc Supervisor: The individual to whom an immediate supervisor I 10.2.1 1 0 0 10.3 Reviewable and Non-Reviewable Grievances 10.3.1 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other aspects of employer-employe relations over which the head of the department has cont Arise out of a specific situation, act or acts considered as unfair which result in inequity or damage to the employei Arise out of an interpretation and application of Personni System Rules and Regulations. (c) (d) 10.3.2 A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a I established by City Council or by law; Is reviewable under some other administrative procedurc and/or rules of the City of Carlsbad (See, e.g., Article 2E hereunder), such as: ( 1 ) (b) Applications for changes in title, job classificatio salary. Appeals from formal disciplinary proceeding. Appeals from work performance evaluations. ( 2 ) ( 3 ) 10.4 Spec ial Grievance Procedu re Provisions: The following special provisions ap the grievance procedure. 10.4.1 Procedu re for Presentation: In presenting his grievance the em1 shall follow the sequence and the procedure outlined in Section E procedure. 10.4.2 Prompt Presentation: The employee shall discuss the grievance an immediate supervisor promptly after (when grievant knew ( should have known) the act or omission of management caused th grievance. 10.4.3 Prescribed Form: The written grievance shall be submitted on prescribed by the Personnel Officer for this purpose. e a 10.4.4 Statement of Grievance: The grievance shall contain a statement ( (a) The specific situation, act or acts considered to be unfair. ( b) The inequity or damage suffered by the employee. (c) The relief sought. EmDlovee Rewesentative: The employee may choose someone as i representative at any step in the procedure. No person hearing 2 grievance need recognize more than one representative for any 01 time, unless he so desires. Interested Partie$: There shall be no limit placed upon the numl interested parties which may provide information during the he of a grievance at any step of the grievance procedure. 10.4.5 10.4.6 10.4.7 Handled Durina Workina Hours: Whenever possible, grievance! be handled during the regularly scheduled working hours of the involved. Extension of Time: The time limits within which action must be or a decision made as specified in this procedure may be extendec mutual written consent of the parties involved. A statement of tt duration of such extension of time must be signed by both partie! 10.4.8 involved at the step to be extended, 10.4.9 Consolidation of Grievances: If the grievance involves a group oi employees or if a number of employees file separate grievances same matter, the grievances shall be handled as a single grievam Settlement: Any grievance shall be considered settled at the con of any step if the grievant is satisfied or if the grievant does not present the matter to a higher authority within the prescribed . Reprisal: The grievance procedure is intended to assure a griev employee the right to present a grievance without fear of disci1 action or reprisal by the supervisor, superintendent, or depart head, provided the provisions of the grievance procedure are ob! Copies of grievance forms will not be placed in employee persor records but will be maintained in separate files in the Personnc Department. Grievance Procedu re Ster, , s: The following procedure shall be fc by an employee submitting a grievance for consideration and ac 10.4.1 0 10.4.1 1 10.5 0 0 10.5.1 Discuss ion with Supe rvisor: The employee shall discuss his grie with his immediate supervisor informally. Within seven (7) ca days, the supervisor shall give a decision to the employee verbal Step I : If the employee and supervisor cannot reach an agreemer a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to his supervisor shall endorse his comments thereon and present it to his superv within seven (7) calendar days, The supervisor shall hear the grievance and shall give a written decision to the employee withi seven (7) calendar days after receiving the grievance. Step 2: If the employee and supervisor cannot reach an agreemei a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to the department The department head shall hear the grievance and shall give the decision to the employee within seven (7) calendar days after receiving the grievance. Step 3: If the employee and department head cannot reach an agr calendar days may present his grievance in writing to the Perso Board. A copy of said grievance shall also be presented to the As City Manager who may conduct a meeting with the grievant andl1 CPOA representatives to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the gric to the Personnel Board. Step 4: If the matter is not otherwise resolved, the Personnel B shall, within thirty (30) calendar days after receipt of the appc hear the appeal and render an advisory opinion to the City Mana! The City Manager shall, within fourteen (14) calendar days adv employee of the final action. 10.5.2 10.5.3 10.5.4 as to the solution of the grievance, the employee within seven (' 10.5.5 ARTICLE 11. STAND-BY TIME PAY Due to staff limitations, it may be necessary for the Chief of Police to schedule employees on stand-by, to handle overtime work which may arise during other than normal workin! hours. Stand-by is defined as time in which an employee is required, by the Chief of Poli designee, to remain at hidher residence or be at a place where said employee can be reac phone and be within thirty minutes response capability so that he/she may immediately I to any calls received. An employee will be compensated for stand-by time at the rate of 1 Dollars ($20.00) per 24 hours or fraction thereof. Employees on stand-by, called to p work, will be compensated for all actual hours worked in accordance with overtime and back rules. 0 e ARTICLE 12. BILINGUAL PAY Any employee annually certified, as the Chief of Police may direct, as a qualified translai interpreter of the Spanish language shall receive forty dollars ($40) per pay period. ARTICLE 13. BASIC WORK WEEWO RK DAY 13.1 The official work week shall begin on each Sunday at 11 :01 p.m. and shall end Sunday of the following week at 11 :00 p.m. Except as may be otherwise provic employee who occupies a full-time permanent position shall work forty (40) in each week including meals and rest breaks. Employees working a five day 40 hour week (designated 5/8) shall work eigt off within that work week. In accordance with existing practice all full-time shift employees shall be giv (2) fifteen-minute rest periods and a one-half hour lunch break per shift w loss of pay. 13.2 hours per day for five days in any work week and shall receive two consecutivi 13.3 ARTICLE 14. COU RT PAY 14.1 Off-duty personnel who appear in court pursuant to an official request from i legally constituted body regarding matters arising out of, or associated with, employment shall be compensated at the overtime pay rate, with the followin< minimum hour guarantees. Four (4) hours - Appearances in San Diego area courts. Appearances in North County courts by personnel while regularly scheduled to work graveyard shift. Three (3) hours - Appearances in North County courts. These minimum hour guarantees shall not apply if the court appearance is contiguous with the commencement or end of the employee's regularly schedu work shift. In that situation, the employee shall receive applicable overtime compensation for all time actually spent in court beyond the regularly schedu work shift. 14.2 14.3 When personnel are required to appear in San Diego area courts, are held ovt during the normal lunch break for further appearance after lunch, they shall entitled to credit for the lunch break as time worked. When available, Carlsbad Police Department vehicles shall be used for emplo transportation. If not available, employees shall be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled Policy" with an effective date of 2/2/83, including any subsequent changes ti 14.4 po I icy. 0 e ARTICLE 15. SICK LEAVE 15.1 Sick leave with pay shall be granted to all probationary and permanent employ within the merit system at the rate of one work day for each calendar month o service. Any such leave accrued but unused in any year shall be cumulative fc succeeding years. Sick leave shall be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness o disability. Any abuse of sick leave is cause for disciplinary action by the app power. Employees eligible for sick leave shall be granted such leave when the incapacitate for performance of their duties by sickness, injury or for medic dental or optical examination or treatment, or when a member of the immedia family of the employee is afflicted with an illness and requires the care and attendance of the employee, or when, through exposure to contagious disease,. presence of the employee at his post of duty would jeopardize the health of 0th The term "contagious disease" means disease or illness subject to quarantine ( required isolation or restriction of movement of the patient for a particular F in accordance with regulations prescribed by the local health authorities havi jurisdiction. If no definite time period is specified by the regulations, the pe shall be determined by the attending physician. When sick leave is granted ur these circumstances, an explanatory medical certificate from the physician is required. An employee who is absent on account of sickness must notify his supervisor : early as practicable on the first day of such absence, or as soon thereafter as possible. Requests for sick leave or medical, dental or optical examinations rr approved in advance by the supervisor. Any grant of sick leave in excess of tt (3) consecutive work days must be supported by a medical certificate. When period of absence is for three (3) consecutive work days or less, the Personn Officer shall accept the employee's certification as to the reason for absence. Nothing herein shall preclude the City from taking appropriate action in the e abuse of sick leave. Written applications for sick leave must be filed with the supervisor within t period in which the employee returns to duty. 15.2 15.3 15.4 15.5 0 0 15.6 Any eligible employee who is absent from work by reason of attendance upon members of the employee's or spouse's immediate family whose illness requir employee's spouse's family shall be allowed to use sick leave. Immediate fam shall include husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, stepparent, or any person serving as a parent, or who has served as a parent, grandmother, grandfather, or any other person living in tl same household as the employee or the employee's spouse's immediate family. case of death of an employee's or employee's spouse's immediate family, an em shall be allowed up to a maximum of five (5) working days off, except the Cit] under extreme circumstances, grant additional time off, which shall be consid as sick leave. care of such employee, or a death in the immediate family of the employee, or 15.7 An employee who is required to take a physical examination in connection wit1 induction or enlistment in the Armed Forces is not charged leave for the time necessary to complete the examination. Members of the military reserve whc recalled to active duty are placed on pay status with the branch of the Armed F charged leave or leave without pay for that purpose. Employees making a don blood without charge will be given reasonable time off for that purpose. No ct will be made against annual or sick leave when such absence is approved in ad by the supervisor. Sick leave entitlement to medical and dental calls during 1 hours shall be authorized. For the purposes of computing sick leave, employr shall be considered to have commenced on the first day of the first full calend month of employment. Holidays occurring during sick leave shall not be counted as sick leave. Sick I shall not be taken as vacation time, nor compensated for in cash at any time, t as defined in this article. Notwithstanding anything in this section to the contrary, local safety employe not entitled to sick leave for any job related illness, injury or other occurrer which entitles the employee to benefits under Section 4850 of the Labor Code (hereinafter "4850 benefits"). The City Manager may authorize the use of s leave after 4850 benefits are exhausted for job-related illness or injury if I determines that: 15.8.1 15.8.2 for the time required to take the physical examination and, therefore, must bt 15.8 The injury is not permanent and stationary. The use of sick leave will not extend the effective date of the em1 retirement. The employee is physically unable to work and there is a reason probability he/she may return to work. 15.8.3 @ 0 15.9 Allowance for Owat ional Sick Leave. Leave with pay for injuries sustained line of duty shall be granted as follows: 15.9.1 A non-sworn employee absent because of injury received in the duty is charged either sick or annual leave if the period of incapacitation exceeds ninety (90) calendar days and receives nc credit for either annual or sick leave for the period of incapaciti that exceeds ninety (90) calendar days. The City will supply thc difference between the allowance granted by the insurance and th amount the employee would ordinarily receive for the period of incapacitation not to exceed ninety (90) calendar days. Thereaf during such absence he/she may elect to apply prorated accrued : the amount equal to the difference between the compensation to v he is entitled under the Workers' Compensation Act and his regu pay, not to exceed the amount of his earned sick or annual leave. figuring the benefits paid by insurance, wage benefits alone shal considered and medical and hospital benefits shall be excluded. A local safety member shall be entitled to the benefits of Sectior of the Labor Code. Upon expiration of the one year contemplated Section 4850, if the member has not been retired, the City Man, shall determine the member's eligibility for using sick leave, vi or other leave, as provided by Section 15.8 hereof. Except as expressly approved under this article, a local safety member sh be entitled to such leave in lieu of or in addition to the leave of at with pay authorized by Section 4850, nor for any job related i or other occurrence which entitles the employee to benefits und allowance granted by the insurance and the amount the ernpioyee ordinarily receive for the period of incapacitation not to exceed ( full calendar year under Section 4850. Sick Leave Conversion. Any permanent employee who has accruc maintains a minimum of one hundred sixty (160) hours of sick shall be permitted to convert up to fifteen (15) days of accumul uncompensated sick leave to vacation at a ratio of three (3) sick per one (1) day of vacation. The sick leave conversion option M provided during the first week of each fiscal year. Any permanent employee applying for retirement with the Pub Employee's Retirement System may convert accrued and unused leave time to extend service time in the system at the ratio of t five (25) days of accrued sick leave to one month of extended sc annual leave to such absence and to receive compensation therefc 15.9.2 Section 4850. The City will supply the difference between the 15.10 15.11 0 0 ARTICLE 16. ASSOC IATION RIGHTS 16.1 The City recognizes the right of the Association to govern its intc affairs. The parties to this Memorandum of Understanding fully support . concept of the Public Safety Officers' Procedural Bill of Rights A Exhibit A. Upon the receipt of a written request and authorization from an employee for deduction of Association dues and other lawfully permitted deductions, the City shall withhold such dues and dedu from the salary of the employee and remit the withholdings to th Association. The City shall continue to withhold such deductions the employee files a statement with the City withdrawing author for the continued withholding of the deductions during the month March of any year covered by the term of this Memorandum of Understanding. The effective date of withholding, time of remitt withholdings to the Association, and all procedural matters shall determined in accordance with the Rules and Regulations of the ( 16.2 Sections 3300, et seq,, of the Government Code, attached hereto E 16.3 16.4 The Association shall provide and maintain with the City a curr-f of the names and all authorized representatives of the Associatior authorized representative shall not enter any work location wit1 the consent of the chief of Police or his designee or the City Man, his designee. The Chief of Police or his designee shall have the I make arrangements for a contact location removed from the worl of the employee. The Association shall be allowed to designate employee represen to assist employees in: 16.5 16.5.1 Preparing and processing grievances; 16.5.2 16.5.3 Preparing and presenting material for Disciplinary Appeals he; Preparing and presenting material for any matter for which representation is granted pursuant to the provisions of Californ Government Code Sections 3300, et seq., known as the Public Si Officers' Procedure Bill of Rights Act. 16.6 The Association may designate one employee representative to a! employee in preparing and presenting materials for the above- procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled dutie the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, preparl e 0 present materials during off-duty time shall do so on their own t Employee representatives and employees who attend Personnel B or City Council hearings during the off-duty time shall do so on own time; providing, however, that employees who are ordered ( subpoenaed to attend such hearings shall be compensated in accorc with the overtime provisions of this Memorandum of Understand 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 1 Article shall direct such request to his/her immediate supervisc writing within a reasonable time period to the date requested, in to assure that the Department meets it staff needs and to assure sufficient coverage of departmental assignments. The City will continue to furnish the bulletin board space in the Department for the exclusive use of the Association. Material pk said bulletin boards shall be at the discretion of the Association obviously offensive to good taste, defamatory, and shall be remov only on prior notification 20 an Association representative. The Association shall be responsible for maintaining bulletin boards exclusively used by the Association in an orderly condition and : promptly remove outdated materials. 16.7 16.8 16.9 shall be removed by management only in the event the material 16.1 0 16.1 0.1 Use of Citv Facilities The Association may, with the prior approval of the City Managc granted the use of the City facilities for off-duty meetings of the Department employees provided space is available. All such req will be in writing to the City Manager. The Association may, with the prior approval of the Chief of Pol granted the use of Police facilities for off-duty meetings of the I Department employees, provided space is available. All such rei will be in writing to the Chief of Police. In the event the Chief c Police denies use of Police Department facilities, an appeal can t to the City Manager. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, ash Prays a blackboards, is strictly prohibited, the presence of such equipn approved City facilities notwithstanding. 16.1 0.2 1 6.1 0.3 0 0 ARTICLE 17. OVERTIME PAY Each employee covered by this agreement shall be entitled to overtime compen at the premium rate of one and one half (1 1/2) times the employee's regular of pay for all time worked, or regarded as having been worked because of authl leaves of absence, in excess of the employee's regularly scheduled work day ai in excess of forty (40) hours per week. Each employee shall have the option ( receiving compensatory time off at the premium rate in lieu of cash, subject tc maximum accumulation of eighty (80) hours of compensatory time off. While employee has accumulated the maximum number of hours of compensatory tin he/she shall receive all overtime compensation in cash until such time as the compensatory time off bank is no longer at the maximum accural rate. ARTICLE 18. CALL BACK PAY If an employee is required to return to his/her place of employment or other location directed by the employer at a time that is not part of the employee's regularly scheduled work shift, that employee shall receive appropriate over pay, as described in Article 17, for the actual number of hours worked on ths occasion, subject to the following minimum guarantees: (a) If the "call back" was scheduled in advance, such as for training or firear qualification, the employee shall receive a minimum of two hours of appropri; overtime compensation. (b) If the "call back'' was not scheduled in advance, the employee shall receiv minimum of three hours of appropriate overtime compensation. These minimums shall not apply to situations where the call back is contiguoL the commencement or end of the employee's regularly scheduled work shift. Ii situation, the employee shall receive applicable overtime compensation for al actually worked beyond the regularly scheduled work shift. This Article shall apply to all situations where an Investigator receives a telel call that is authorized by the Watch Commander at a time when the Investigatc duty. On those occassions, whenever the Investigator is called, he/she shall bc requested to report for duty and, upon so reporting, shall be entitled to the compensation described above. ARTICLE 19. SENIORITY 19.1 The seniority of an employee shall be based upon the number of calendar months of continuous service in the Carlsbad Police Department. An employee who is dismissed for cause shall lose seniority credited to him/her prior thereto, and subsequent re employment of the employee shall not restore the seniority so IC Any employee laid off after acquiring permanent status shall, a reinstatement, regain the seniority credit he/she possessed at tl of layoff if said employment is within twenty-four (24) month: a e 19.2 Leaves of absence in excess of thirty (30) continuous days shall credited to continuous service. ARTICLE 20. LEGAL REPRESENTATION 20.1 Upon request of an employee and subject to any limitations provic law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity c than the City in a court of competent jurisdiction, on account of i or omission occurring within the course and scope of his employ as an employee of the Gity, Nothing herein shall be deemed to require the provision of such c where the discretion to provide or not provide such defense is ve the City pursuant to the provision of the California Government ( or where the act or omission was not within the scope of the emF employment, or the employee acted or failed to act because of ac fraud, corruption or actual malice, or where the provision of su defense would create a conflict of interest between the City and tl employee. Nothing herein shall be construed to grant to any employee any privilege in addition to those provided in the said Government CON 20.2 20.3. ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES 21 .I During the term of the agreement, the CPOA. its representative! members shall not engage in, cause, instigate, encourage or condc strike or work stoppage of any kind against the City of Carlsbad. During the term of this Agreement, the City will not instigate a over a dispute with the employees. As used in this section, "strike or work stoppage" means the con failure to report for duty, the willful absence from one's positic stoppage of work, or the abstinence in whole or in part from thl faithful performance of the duties of employment for the purposl inducing, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of emplo) 21.2 21.3 0 0 ARTICLE 22. DISCIPLINE OF AN EMPLOYEE 22.1 The City may only discipline permanent employees for just caw the case of disciplinary action involving suspension, demotion 01 discharge, the employee shall be given notice of the action to be 1 the evidence or materials upon which the action is based, and an opportunity to respond to the City Manager or designee either o in writing within seven (7) calendar days of the notice of the ad The above process will occur prior to the imposition of the disc$ Except as provided in Section 22.4, all employees have the right appeal their discipline according to the appeal procedure as set ( hereafter. Written notice of discipline shall inform and remind disciplined employee of this right. Once discipline has been imposed, the Chief of Police or his desig shall specify the period of time, from one to four years, that saic discipline will remain in the affected employee's personnel recoi the end of said designated period of time, the disciplinary action be removed from the employee's personnel file. It is the responsibility of the employee to initiate a request for removal 1 disciplinary action from the employee's personnel file. The onl! permitted use of such disciplinary action shall be in a later disciplinary proceeding where there is an allegation of similar I cumulative activity or misconduct. Nothing herein shall be construed to require "cause" or "just cai for the rejection of a probationary employee prior to the expira the probationary period. A probationary employee rejected duri probationary period shall not be entitled to appeal such rejectioi Personnel Board, but shall be entitled to an administrative appe under Section 3304(b) of the Government Code. Such adminisl appeal shall consist of the procedure described in Section 22.1 I Riaht of Appeal. Any employee in the competitive service shall seven (7) calendar days, have the right to appeal to the Personr Board any disciplinary action, interpretation or allesed violatior Personnel ordinance, except in instances where the right of app specifically prohibited by the Personnel ordinance or this Artic Method of Appeal. Appeals shall be in writing, subscribed by thl appellant, and filed with the Personnel Officer, who shall, withi (10) calendar days after receipt of the appeal, inform each mer the action desired by the appellant, with his reasons therefore. formality of a legal pleading is not required. 22.2 22.3 22.4 22.5 22.6 e e 22.7 Notice. Upon the filing of an appeal, the Personnel Officer shall s date for the hearing on the appeal not less than ten (10) calendar nor more than thirty (30) calendar days from the date of filing L the parties mutually agree to a later hearing date. The Personne Officer shall notify all interested parties of the date, time and pla the hearing at such places as the Personnel Board shall prescribt 22.8 Hearinas. The appellant shall appear personally unless physica unable to do so, before the Personnel Board at the time and place hearings. He may be represented by any person or attorney as hc select and may at the hearing produce on his behalf relevant oral documentary evidence. The City shall state its case first and, at 1 conclusion, appellant may then present evidence. Rebuttal matt€ repetitive may be allowed in the discretion of the Personnel Boar Cross-examination of witnesses shall be permitted. The conduct decorum of the hearing shall be under the control of the Personr Board by its chairman, with due regard to the rights and privilec the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, requesi open hearing. 22.9 Findinas and Recommendations. The Personnel Board shall, wit1 (10) calendar days after the conclusion of the hearing, certify i findings and decisions in writing to the City Council and to the appellant. The City Council shall review the findings and recommendations of the Personnel Board and may then affirm, r or modify the action taken as, on its judgement, seems warrantec the action taken shall be ,final. Any member of the Personnel Bo may submit a minority or supplemental finding and recommend: In cause of suspension, discharge or demotion the appointing PO\ shall reinstate any employee to his former status if proof is mac the action was for discriminatory reasons. ARTICLE 23. PROBATIONARY PERIOD 23.1 For sworn personnel, the entry level probationary period shall I year from the date the employee is sworn as an officer. For no personnel, the entry level probationary period shall be one ye: the date of hire. The probationary period will permit both the supervisor and the employee to become acquainted and to deterrr the adaptability and the fitness of the employee of the assigned \ The employee will find this period helpful in evaluation of the ( duties, his work and other satisfaction. All personnel promoted within the Department shall be on prol: the promotional position lor a period of one year from the date ( promotion. 23.2 a e ARTICLE 24. RETIREMENT BENEFITS 24.1 The City agrees to continue to pay the employer's contribution ra required by the Public Employee's Retirement system to maintaii current level of benefits for employees covered by this Memoran of Understanding during the term of this Memorandum ofunderstanding. The City will continue to pay on behalf of all sworn represented : employees the nine percent (9%) employee's retirement contril to PERS. The City will continue to pay on behalf of all represented miscelli employees the seven percent (7%) employee's retirement contribution to PERS. 24.2 24.3 ARTICLE 25. HEALTH INSURANCE 25.1 During the entire term of this agreement, the City will pay on bt all employees covered by this agreement and their eligible depen and those retirees designated in Section 25.3, the sum of sixteei dollars ($16.00) per month for health insurance through the F Employees Retirment System (PERS). This amount is mandator insurance plan. Effective June 25, 1990, the City shall also contribute the following monthly amounts towards payment of premiums for vision, dental and other insurance under the PER: for active employees and eligible dependents: (a) For employees with "employee only" coverage, the sixteen ($16.00) described above and an additional sum equal to one hu percent (100%) of the actual premium less sixteen dollars ($16.00), but not to exceed one hundred fifty-two dollars ($' per month. If the actual total premiums exceed the aggregate of dollars ($1 6.00) and one hundred fifty-two dollars ($1 52.00 employee will pay the difference. (b) For employees with "employee plus one dependent" coverag sixteen dollars ($1 6.00) described above and an additional sum to one hundred percent (100%) of the actual premium less six1 ($269.00)per month. If the actual total premiums exceed the aggregate of sixteen dollars ($1 6.00) and two hundred sixty-n dollars ($269.00), the employee will pay the difference. regardless of whether the employee chooses to be covered by a h dollars ($16.00), but not to exceed two hundred sixty-nine dc (c) For employees with "employee plus two or more dependen' coverage, the sixteen dollars ($16.00) described above and an 0 0 additional sum equal to one hundred percent (100%) of the actu: premium less sixteen dollars ($16.00), but not to exceed three hundred seventy-four dollars ($374.00) per month. If the act1 three hundred seventy-four dollars ($374.00), the employee VI the difference. total premiums exceed the aggregate of sixteen dollars ($1 6.00) 25.2 Effective June 24, 1991 the City shall contibute the following monthly amounts on behalf of each active employee and eligible dependents towards the payment of premiums under that prograr (a) For employees with "employee only" coverage, the sixteen ($16.00) described above and an additional sum equal to one hu percent (100%) of the actual premium less sixteen dollars ($1 6.00), but not to exceed one hundred sixty-nine dollars ($169.00) per month. If the actual total premiums exceed the aggregate of sixteen dollars ($1 6.00) and one hundred sixty-ni dollars ($1 69.00), the employee will pay the difference. (b) For employees with "employee plus one dependent" coverag sixteen dollars ($1 6.00) described above and an additional sum to one hundred percent (100%) of the actual premium less sixt dollars ($16.00), but not to exceed two hundred ninety-eight ($298.00)per month. If the actual total premiums exceed the aggregate of sixteen dollars ($1 6.00) and two hundred ninety- dollars ($298.00), the employee will pay the difference. (c) For employees with "employee plus two or more dependenl coverage, the sixteen dollars ($16.00) described above and an additional sum equal to one hundred percent (100%) of the act1 premium less sixteen dollars ($16.00), but not to exceed four hundred thirteen dollars ($413.00) per month. If the actual t premiums exceed the aggregate of sixteen dollars ($16.00) an( hundred thirteen dollars ($41 3.00), the employee will pay tht difference. 25.3 The City shall continue to contribute the monthly sum of sixteei dollars ($16.00) for each retired employee who was a member bargaining unit and who elects to participate in the PERS Healtt Insurance Plan by filing with the City a written request to par ARTICLE 26. UNIFORM REIMBURSEMENT 26.1 For the period June 25, 1990 to June 23, 1991, reimbursernc represented employees for the cost of purchasing and maintenar 0 0 required, uniforms shall be $475 per year. The method and datf payment shall continue unchanged. From June 24, 1991 continuing for the term of this agreement, reimbursement to represented employees for the cost of purcha: and maintenance of required uniforms shall be $500.00 per ye; It is expressly understood and agreed that payments hereunder constitute reimbursement for expenses actually incurred by represented employees wearing and maintaining the uniforms th requested to wear and/or maintain. 26.2 26.3 ARTICLE 27. EDUCATION INCENTIVE 27.1 Educational Incentive ComDensation. As of June 25, 1990 The k described Educational incentive Program shall be effective. 27.1 .I Step 1 : Applicable to all employees represented by the Carlsbad Police Officer's Association. (a) Reauirements: Present proof to the Training Officer, Carlsbad I Department, of the following: (1)Two years of consecutive service as a membei Police Department of the City of Carlsbad. The tw years of service must have been completed imme prior to the time the application for Educational Incentive Compensation is submitted. and (2) A Certificate of Competency (Police Science] proof of successful completion of 27 college semi units from an institution accredited by the Westt Association of Schools and Colleges. The 27 units be in job related subjects. In any case which does not clearly meet the above requirements, the Training shall request permission from the Police Chief to convene a committee consis a representative of the City Manager, CPOA, and Police Chief to review and ev the case. If approved, the applicant will be authorized Step 1, Educational Inc Compensation, in the same manner as other eligible employees. If petition is approved, the applicant will be provided a written statement indicating what additional requirements must be met for eligibility for Step 1, Education Incc Compensation. Compensation: Satisfactory fulfillment of the above requireme be compensated at the rate of twenty-five dollars ($25) paid I weekly for twenty-six bi-weekly pay periods per fiscal year. (b) 0 * (c) Limitation of Agglicabilitv: The additional compensation provisic this step shall not be applicable to employees hired subsequent ti 25, 1990. 27.1.2 Step 2: Applicable to Peace Officers represented: (a)ReauirementS: Present evidence to the Training Officer, Car Police Department of the award of an Intermediate Certificate is: the State of California Commission on Peace Officers Standard an Training and Eligibility for Step 1, except for the two year sew' requirement set forth in section 27.1 .I .(a) (1). (b)Compensation: Satisfactory fulfillment of the above requirer shall be compensated at the rate of forty-five dollars ($45) pai weekly for twenty-six bi-weekly pay periods per fiscal year. S compensation shall be in lieu of any previous Educational lncenti compensation payments which had been received. (c)Additional Conmensation: Employees who satisfy the requk ments described above and who have successfully completed or t: three job-related college semester units or three POST training points in the preceding fiscal year shall receive compensation at the rate of sixty dollars ($60.00) paid bi- weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had been received, including those described above in subparagraph (b). In determining eligibility for this additional compensation, POST training points secured through training programs ordered and mandated by the Department, whether attended on or off duty, shall be counted. An employee who arranges to atten school offering training points on city time but is later told by tt department that he/she will not be allowed to attend, will not re( credit for those training points. 27.1.3 Step 2: Applicable only to non-sworn personnel represented. (a)Requirements: Present evidence to the Training Office Carlsbad Police Department, of having met the State of Ca Commission and Peace Officers Standards and Training requirements for an Intermediate Certificate as determined agreed to by representatives of the City Manager and the Ci 0 e Police Officer Association president. It is understood no certificate can be awarded to non-sworn personnel. (b)Compensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of forty-five dollars ($45) paid bi-weekly for twenty-six bi-weekly p periods per fiscal year. Such compensation shall be in lieu previous Educational Incentive Compensation payments whi been received. (c)Additional ComDensation: Employees who satisfy the r ments described above and who have successfully comple taught three job-related college semester units or three F training points in the preceding fiscal year shall receive compensation at the rate of sixty dollars ($60.00) paid weekly for twenty-six bi-weekly pay periods per fiscal Such compensation shall be in lieu of any of the previous received, including those described above in subparagra In determining eligibility for this additional compensatio POST training points secured through training programs ordered and mandated by the Department, whether attend( or off duty, shall be counted. An employee who arranges attend a school offering training points on city time but told by the department that he/she will not be allowed to will not receive credit for those training points. Education Incentive compensation payments which had be 27.1.4 Step 3: Applicable to Peace Officers represented: (a)Reauirements: Present evidence to the Training Office Carlsbad Police Department, of the award of an Advanced Certificate issued by the State of California Commission on Officers Standards and Training and eligibility for Steps 1 27.1.1 .(a) (1). (b)Cornpensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty-five dollars ($65) paid bi-weekly for twenty-six bi-weekly [ periods per fiscal year. Such compensation shall be in lie1 previous Educational Incentive Compensation payments wh been received. except for the two year service requirement set forth in SI (c}Additional Compensation: Employees who satisfy thc ments described above and who have successfully complc taught three job-related college semester units or three training points in the preceding fiscal year shall receivc compensation at the rate of ninety dollars ($90.00) pa e 0 weekly for twenty-six bi-weekly pay periods per fiscal Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had bel received, including those described above in subparagral In determining eligibility for this additional compensatio POST training points secured through training programs ordered and mandated by the Department, whether attend€ or off duty, shall be counted. An employee who arranges attend a school offering training points on city time but i told by the department that he/she will not be allowed to will not receive credit for those training points. 27.1.5 Step 3: Applicable only to non-sworn personnel represented: (a)ReauirementS: Present evidence to the Training Office Carlsbad Police Department, of having met the State of Ca Commission and Peace Officers Standards and Training Requirements for an advanced Certificate as determined anc agreed to by representatives of the City Manager and the Ci Police Officers Association President. It is understood no certificate can be awarded to non-sworn personnel. (b)Compensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty-five dollars ($65) paid bi-weekly for twenty-six bi-weekly F periods per fiscal year. Such compensation shall be in lieL previous Educational Incentive Compensation payments wh been received. (c) Additional Compensation: Employees who satisfy the r ments described above and who have successfully comple taught three job-related college semester units or three I training points in the preceding fiscal year shall receive compensation at the rate of ninety dollars ($90.00) pai weekly for twenty-six bi-weekly pay periods per fiscal Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had be received, including those described above in subparagra In determining eligibility for this additional compensatic POST training points secured through training programs ordered and mandated by the Department, whether attend1 or off duty, shall be counted. Certification shall not be b: solely on an employees ability or inability to attend schc offerring training points on City time. 27.1 .GProaram Review: Parties further agree to recomrn that the above program be reviewed jointly by the City an( Carlsbad Police Officers' Association semi-annually durin January and July of each succeeding year to evaluate the e 0 effectiveness and currency of the program. 27.1.7Procedu re: The Training Officer, Carlsbad Police Department, upon receipt of proof of eligibility for Educati Incentive Compensation, shall certify eligibility to the Chic Police. The Chief of Police upon approving such eligibility forward his approval to the City Manager for authority to commence the appropriate compensation. Educational lnce Compensation shall commence at the beginning of the next 1 period following receipt of authorization by the City Manag the approval by the Chief of Police. Any dispute as to whether or not a particular course or prc qualifies under this provision shall be resolved in accordar with the following procedure. The Chief of Police or his de: shall meet with an authorized representative of the Associ; to attempt to resolve the dispute. If their efforts are unsuccessful then the matter shall be resolved by the City' Human Resources Director. 27.1.8 It is understood that an eligible represented emplo) shall receive said incentive pay from the date of certificat, notwithstanding any delay in notification that the employee been certified. ARTICLE 28. FIELD TRAINING OFFICER For any pay period in which a represented employee is assigned and acts as training officer, and actually performs field training officer activities, sa employee shall be entitled to receive $25 additional salary for that pay pe ARTICLE 29. VEHICLES FOR INVESTIGATIONS Each represented employee who is working in the assignment of detective, be assigned a designated vehicle and shall be entitled to use the vehicle each duty shift; provided, however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to detectives assigned in addition to the number assigned as of the date of this Memorandum. ARTICLE 30. LONG TERM DISABILITY During the term of this Memorandum, City agrees to continue to provide la term disability insurance. Said insurance shall provide for a thirty (30) waiting period prior to payment eligibility. In all other respects, said ins shall continue unchanged. e a ARTICLE 31, PREGNANCY DlABlLlN LEAVE The City agrees to provide up to four (4) months of unpaid leave for any err who is disabled by pregnancy, as such disability is determined by cornpeter medical evidence. The Department may elect to extend such unpaid leave be four (4) months, but such extension@), if any, shall be in the sole discret the Deparment and the Department may take into consideration staffing and needs of the Department, prior leaves by the requesting employee, the emp vacation and sick leave balances and such other factors as the Department n deem appropriate. ARTICLE 32. DISABILITY RETIREMENT If the disability retirement of an employee is contested, then the affected employee shall be entitled to an evidentiary hearing to determine whether i retirement shall be granted. Such a hearing shall be conducted by an Administrative Law Judge appointed by the California Office of Administrai Hearings. The Administrative Law Judge shall make findings and recommendations to the City Manager, who shall have the final determinatic to the disability retirement. Nothing herein shall affect the jurisdiction of Workers' Compensation Appeals Board to determine whether a disability is not industrial. An employee may waive hidher right to an evidentiary he; ARTICLE 33. VACATION 33.2 All eligible miscellaneous and uniformed police employees be entitled to a vacation according to the number of continu full calendar years of employment based on the following s 1 through 5 full calendar years of continuous service 6 through 15 full calendar years of continuous service 16 and over full calendar years of continuous service 10 working days 15 working days 20 working days ARTICLE 34. HOLIDAYS 34.1 The City agrees to obselve eleven (1 1) scheduled paid holidays one (1) floating holiday per year. The floating holiday to be takl the discretion of the individual employee with the approval of tl- Department Head. The holiday schedule shall not interfere with influence or otherwise change the scheduling of shift employees Department. 0 e 34.2 The holiday schedule for the term of this agreement is as follows 1990 1991 Independence Day Wed., 7-4 Thurs. c Labor Day Mon,, 9-3 Mon,, Sr Columbus Day Mon., Oct. 8 Fri., Ocl Veterans' Day Mon., Nov. 12 Fri. Nov Thanksgiving Day Thurs., Nov. 22 Thurs., Thanksgiving Friday Fri., Nov. 23 Fri. , Nc Christmas Day Tues., Dec. 25 Wed., D New Years Day Tues., Jan. 1 Wed., Jt Lincoln's Birthday Tues., Feb. 12 Mon., F Washington's Birthday Mon., Feb. 18 Mon., FE Memorial Day Mon. May 27 Mon., M 1991 1992 34.3 Members of the Police Department who are required to work a n hour day (8:OO am. to 5:OO p.m., Monday through Friday) shall holiday overtime at the rate of one and one-half times the emplo] hourly rate of pay for each of the twelve scheduled holidays work hour work week, and having worked a minimum of six of the tweb holidays in any calendar year shall receive holiday overtime pay holidays. Payment shall be made during the pay period wherein is worked and during the final month of the fiscal year because 1 of the "minimum of six" requirement. e P IN WITNESS WHEREOF, the parties hereto have caused their duly authorize1 representatives to execute this Memorandum of Understanding to be effectiv herein. CITY OF CARLSBAD (CITY) (CPOA) CARLSBAD POLICE OFFICERS ASSOCIATI0 7hU)A APPROVED AS TO FORM e * EXHIBIT B POLICE DEPARTMENT SALARY SCHEDULE JUNE 25,1990. RANGE 20 COMMUNICATIONS OPERATOR I RANGE 22 COMMUNICATIONS OPERATOR I! RANGE 23 COMMUNICATIONS OPERATOR II RANGE 28 COMMUNICATIONS SHIFT SUPERVISOR RANGE 36 POLICE OFFICER RANGE 38 SENIOR POLICE OFFICER RANGE 40 RANGE 42 POLICE SEARGENT RANGE 90 POLICE RECRUIT COMMUNlCATlONS AND RECORDS SUPERVISOR