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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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:
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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