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HomeMy WebLinkAbout1978-10-03; City Council; 5594; CPOA MOU. ' CITY OF CARLSBAD AGENDA BILL NO. &"'i91/ ' DATE: October 3, 1978 DEPARTMENT : PERSONNEL C. Mgr. $, Subject: J 1 PPIEMORANDUM OF UNDERSTANDING WITH CARLSBAD POLICE OFFICERS ' ASSOCIATION . Statement of the' Matter Representatives of the Carlsbad Police Officers' Association and the City have reached agreement regarding wages and other terms and conditions of employment for Fiscal Year 1978-1979. These terms are included in a Memorandum of Understanding herewith submitted to the City Council for approval and a modified salary plan. Exhibit Resolution No. &SL/f , .with Exhibit A. Resolution NO. &549' , with Exhibits A and B. - Recommendations If the City Council concurs, the adoption of the resolution'is re'commended. Council Action: 10-3-78 Council adopted Resolution No. 5548, adopting a Memorandum of Understanding between representatives of Management and the a Carlsbad Police Officers' Association. Council adopted Resolution No. 5549, adopting the salary plan for employees represented by the Carlsbad Pol ice Officers' Association for the 1978-79 fiscal' year. .. .. .. 1 2 3 4 5 6 7 E s 1c 13 12 2; 21 2! a 2'; 21 RESOLUTION NO. 5548. A RESOLUTION OF THE CITY CO'JNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADGPTIiGG A MEMORANDUM OF UNDERSTANDING BETP7EEN REP RES E NTAI' IVE S OF FTANAGEEIENT AND %'EE CARLSBAD -_ rJoLIcE OYFICERS' ---. A.SSOCIATIOK -.- WHEREAS , representatives of rnanagemenls and the Carlsbad '01-ice Officers ' Association have been conduct in9 negotiations rursuant to the Meyers-MiLias-Erown Act, regamclincj wacjes and Ither terms and conditions of employment. for Fiscal Year 1978-1979; ind WHEIC3AS, said representatives have reached aqreeiwnt which :hey desire to submit to the City Council for ap'pro~a1.; ai12 WHEREAS, the City Council has determined it. 'io be in the mbiic interest to accept such an agreement in the form of a Icnoxandurr! of Understanding , marked Exhibit A and hcorporated )y reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Councj.1 for the lity of 1. 2. 3; Carlsbad, Caljfornia, as follows: That the above recitations are true and correct. That the Memorandum of Understanding between the Carlsbad Police Officers' Associ.ation and representatives of management is hereby accepted. That the City Council intends to implement said memorandum by incorporating its terms into the salary plan for Fiscal Year 1978-1979 and the Personnel Rules and Regulations of the City of Carlsbad and by ather appropriate actions nccessary in accord with its t~rins. PASSED, APPROVED AND ADOPTED at a regular meeting of the arlsbad City Council held on the 3rd day of October , 1978, y the following vote to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Cas'ler NOES: None RBSENT: None .TTEST: SEAL) , .i MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 21st day of September 197E by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City") and the designated representatives of the Carlsbad Police Officers' Association (hereinafter referred to as CPOA or "employees") . PREAMBLE It is the purpose of this Memorandurn of Understanding (here- inafter 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 Kernorandurn; to provide an orderly and equitable means of resolving any misunderstandings or differences which ma.y arise under this Memorandurn; and to set forth the aqree- ment of the parties reached as a result of good faith negotiations regardin9 wages, hours and other terms and condi Lions of employinent of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for Cj-ty Council approval and implementation. c ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CPOA as the majority representative for all classifications in this Unit, as set forth in Attachment A of the Petition for Formal Recognition, submitted on May 24, 1976, in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code. ARTICLE 2. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the menhership of CPOA. City will act in a timely inanncr to make the changes in City ordinances, resolutions, rules, policies and procedures necessary to implement this Memorandum. It is agreed that the ARTICLE 3. TERM -- The term of this Memorandum shall commence on the date when the terms and conditions for its effectiveness, as set forth in implemcntation, are fully met; but in no event shall said Mcrnornndum become effective prior to 12:Ol a.m. or, September 22, 1973. This Memorandum shall expirc and otherwise be fully terminated at f2:CO Midnight on June 30, 1979. -2- ARTICLE 4. RENEGOTIATION Section 1. In the event either party desires to meet and faith on the provisions of a successor Memorandum, serve upon the other party, during the period from confer in good such party shall December 1, 1978, to February 1, 1-979, its request to commence meeting and conferring in good faith. shall begin no later than March 1, 1979. Upon receipt of such written'notice, meet and confer Section 2. proposa.ls, meet Notwithstanding action that has and confer, the at later dates. Unless the City serves upon CPOA, full entire written proposals to amend, add to, delete or otherwise change any of the provisions of this Memorandum, this Memorandum shall constitute City's full proposal for a successor agreement, except in the matter of salaries or other economic provision. Upon receipt of such notice and and confer shall beqiil no later than March 1, 197'8. the above, if federal or state governments take direct effect upon areas which fall within meet City may submit proposals concerning these areas c Section 3. If neither party requests a reoFening for the purpose of renegotiation, all conditions of this Mcnorandum remain in full force and effect for one year from the date i.t would have terminated unless either party gives thirty (30) days notice to terminate subsequent to June 30, 1979. ARTICLE 5. RETENTION OF BENEFITS The employees of the City of Carlshad shall retain all present benefits for the term of this agreement, except as amended by this Memorandum. ARTICLE 6. COMPENSATION ADJUSTMENTS -I- The parties agree to recommend the City Council amend the existiilg City Salary Plan, as amended, adopted by City Council Resolution No. 5169, to provide salary increases in the amounts of Three Percent (3%) effective September 1, 1978 and Four Percent (4%) effective January 1, 1979. The above described amendments are to be computed, based upon the above described and agreed to amounts, in increments applicable to each range and step in the salary plan. -3- ARTICLE 7. HEALTH AND MEDICAL INSURATU'CE ~ _I____.- --_ The City agrees to amend its present method of providing for paymat of Health and Medical Insurance coverage €or employees. Such mendnent to include that City pay a sum up to Portlr Dollars ($40.00) per month toward health an2 medical illsurance coverage of each employee with the provision that the amount remaining above and beyond the cost of individual emFloyee premium be applied to defraying the cost of depcndenc health and medical care insurance premium. for the payroll period immediately fol1cwi:ig the date upcrr which the City Council considers this P.iemorandum. Such payment modification shall take effect ARTICLE 8. UNIFOPJ4 ALLOWANCE -_I__ --- City agrees to amend the present uniform allowance to per1ni.t payment of Two Hundred Dollars ($200.00) per year €or syorn personnel and One HuRdred Twenty-give Dollars ($125,00) per year for nonsworn pzrsonnel . .ARTICLE 9. JOINT STUDIES Parties agree to jointly study: (1) The suhjcct of an addi-tbnal classifi-cation in the police series; such classification to represent an intermediate grade between the present classifications of golice sergeant and police officer. The subject of a four day work week, (2) Parties agree that the pursuit of joint studies does not imply, promise nor assume the acceptance of study results, C:,>i-icLUS4.Qns or recommendations by either party. Parties further agree that the composition of joint study groups and their schedules must be mutua1l.y accepted before corrmencing such studies; but that in no case shall final study reports be presented to the City Manager and CPOA representatives later than Fehruary 1, 1979. ARTICLE 10. PULL UNDERSTANDING, MODIFICATJON, WAIVER --- -.I-- A. It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, reyarding any such matters arc hereby superseded or terminated in their eiltirety. -4- B. It is the intent of the parties that this Memorandum of Understanding he administered in its entirety in good faith during its full term. It is recognized that during such tern it may he necessary for the City to ma.l;e changes in rules or procedures affecting the employees in the unit. Where the City fincis it. necessary to make such change it shall- notify CPOA indicating the proposed change prior to its implerrientation. If CPOA wishes. to conslilt or negotiate with the City regarding the matter, CPOA shall notify the City within five (5) working days from the receipt of such notice. Upon receipt of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising a.s a result of the change instituted by the City. Where the City inakes such changes because of the requirements of the law, the City shall not be required to negotiate the matter of compliance with any such law. Nothing herei.n shall limit the authority of the City to make such changes required. during emergencies. However, the City shall notify CPOA of such changes as soon as practicable. Such emergency assignments shall riot extend beyond the period of the * emergency. "EmcrTeney" shall he defined as an unforeseen circumstance requiring immediate implementation of the change. C. D. E. F. Failure by CPOF. to request consultation or negotiations, pursusmt to Paragraph B, shall not be deemed as approval. of any action taken by the City. Except. as specifically provided herein., it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any other matters within the scope of negotiations, during the term of this Memora.ndurn of Understanding. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this Ncmorandurn of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. d 'I ARTICLE 11. ' AUTHORIZED AGENTS --__ For the purpose of administerimg the terms and provisions of this Memorandum of Understanding : A. City's pri\ncipal authorized agent shall be the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1151), except where a particular City repre- sentative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CPOA's principal authorized agent shall be its President or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181). ARTICLE 12. PROVISIONS OF LAW -- -- It is understood and agreed that this Memorandum of Under- standing is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision. of this Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regula- tions, or is otherwise held to be in-galid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Under- standing the day, month and year first above written. . City Attorney v ity Manager ._ ILVER, Representative CPOA 3 E ?I c 4 F E 7 E S 1c 1% 12 12 3 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO- 5549 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF CARLSBAD, CALIFORNIA, ADOPTING THE SALARY PLAN FOR EMPLOYEES REPRESENTED BY THE CARLSBAD POLICE OFFICERS ASSOCIA- TION FOR THE 1978-79 FISCAL YEAR. WHEREAS, the City Council did on October 3, 1978, by Resolution No. 5548 approve Plemorandum of Understanding between Yanagement and representatives of the Carlsbad Police Officers' 9ssociation which called for certain salary adjustments; and WHEREAS, it is now appropriate in accord with said resolution for the City Council to implement said adjustments by amending the interim salary plan adopted by Resolution No. 5469; NOW, THEREFORE, BE IT RESOLVED by the City Council of the 2ity of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the "Classification and Salary Range Schedule for ?olice Safety Personnel, Fiscal Year 1978-79" and the Bi-weekly ;alary Schedule set out in Exhibit A attached hereto and made a >art hereof are hereby adopted as the Salary Plan of the City of Zarlsbad for all employees covered by said schedules for Fiscal :ear 1978-79. 3. That the schedules adopted by this resolution shall be retroactive to September 1, 1978 and shall supersede any portions )f the interim salary plan inconsistent therewith. PASSED, APPROVED AND ADOPTED at a regular meeting of the :arlsbad City Council held on the 3rd day of October , 1978, )y the following vote, to wit: 1 2 3 4 5 6 7 a 9 10 3.1 ' 1% 1: 1.4 15 IC: l'i 1E 1. c . 2c 21 2: 2; 24 2: 2t 2: 2E AYES : Covncilmen Packard, Skotnicki, Anear, Lewis and Counci lwoman 'Cas1 cr NOES : None ABSENT: None ITTEST: (SEAL) / SEPT, 1, 1978 THRU IjEC, 31) 1978 B 1 - \A/ E E: K L Y RANGE A c D E RANGE -_1---- 20 20-1 20-2 20-3 28 28-3. 28-2 28-3 36 36-1 36-2 36-3 38 ' 38-1 38-2 38-3 4 2 42 -. 1 42-2 42-3 94 44-1 4 14 - 2 44-3 46 46-1 46-2 46-3 49 49- 1 . 43-2 49-3 375.04 455.71 553.41 581.14 641.03 673.17 706.60 760.18 393.32 478.41 581.15 601.15 673.18 706.60 741.88 798.61 423.49 h38 0 49 458.49 478.49 502.76 527.30 547.36 557.36 610.15 635.15 655.15 675.15 6k1.03 666.03 686.03 706.03 706.6C 731.60 751.60 771.60 741 e 88 766.88 786.88 805.88 779.07 BO!+. 07 824.07 844.07 838 33 863.33 883.33 903.33 433.65 458.65 478.55 498.65 527.58 552.58 572.58 592.58 641.03 666.03 686.03 706.03 673.18 698.18 .718.18 738.18 741.88 766.88 786.88 806.88 779.07 804.G7 824.07 844.07 818.15 843.15 863. 1.5 883.15 879.94 904.. 94 924.94 944.9't EXCLUDE FOL LOWING FROM ABOVE SCHEDULE: POLICE CHIEF - SECRETARY CLERK STENO - CLERK 'TYPIST 4s5.71 480.71 500.71 520.71 553.41 578.41 598.41 618.41 673.18 698.18 718.18 738.18 706.60 731.60 751.60 771.1;C 779 * 07 804.07 824.07 84.4. 07 815.15 843.15 863.15 883.15 858.91 883.91 903.91 923.91 924"03 949.03 969 - 03 1489.03 20 20-1 20-2 20-3 28 28-1 28-2 28-3 36 36-1 36-2 36-3 42 42-1 42-2 42-3 44 44-1 44-2 44-3 46 46-1 46-2 46-3 49 49-1 49-2 49-3 ... .- . BI-\dEEY\LY RANGE A B C 0 E RANGE -- 20 390.04 409.04 430.03 451.00 473.94 20 20-1 455.03 476.00 498.94 20-1 120-2 475.03 496.00 518.94 20-2 20-3 495.03 516.00 538.94 20-3 28 473.94 497.55 522.45 548.68 575 m 55 28 28-1 547.45 573.68 600.55 28-1 28-2 567.45 593.68 620.55 28-2 28-3 587.45 613.68 640.55 28-3 36 36-1 36-2 36-3 575.55 604.40 634.56 666.67 659.56 691.67 679.56 711.67 699.56 731.67 700.10 725.10 745.10 765.10 3G 36-1 36-2 36-3 38 38-1 38-2 38-3 604.38 634.56 666.67 700.10 691.67 725.10 711.57 745.10 731-67 765.10 734.86 759i86 779.86 799.06 38 38-1 38-2 38-3 42 42 - 1 42-2 42-3 -666.67 700.10 734.86 771.56 759.86 796.56 779.86 816.56 799.86 836.56 42 42-1 42 -2 42-3 810.23 835.23 855.23 875.23 44. 44-2 4.4 - I., 1:it-3 700.10 734.86 771.56 810.23 796.56 835.23 816.56 855.23 ' 836.56 875.23 850.88 875.88 895.88 915.88 4 r;. 44-1 4%-2 44-3 4 6 46-1 4.6-2 46-3 734.86 771.56 810.275 850.88 835.23 875.88 855.23 895.88 875.23 915.88 893.27 918.27 938.27 958.27 46 46-1 46-2 46-3 130.58 803.55 871.86 915.14 960.99 1: 9 49-1 896.86 $140.14 985.99 49.- 1 49 49-2 9?.6.8G 960.14 1005.99 49-2 49-3 936.86 980.14 1025.99 49-3 .EXCLUDE FOLL.O\.II NG FRCM ABOVE SCHEDULE : POLICE CHIEF - SECRETARY CLERK STENO - CLERK TYPIST