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HomeMy WebLinkAbout1979-08-21; City Council; 5967; CPOA request to address councilq '# -', : :-/ ) CITY OF CARLSBAD $\ - I Initial: Dept. Hd, C. Atty. AGENDA BILL 140. 5?67 DATE: August 21 , 1979 DEPARTMENT : City Manager . C. Mgr. Subject: Reauest to Address Council Cail sbad Pol ice Officer' s Association __~~ -~ Statement of the Matter A request has been received from the Carlsbad Police Officer's Association to address the City Council relative to the proposed Memorandum of Understanding. Exhibit Letter from Carlsbad Police Officer's Association dated August 9, 1979. Council Action: 8-21-79 No action was taken. , CARLSBAD POLICE OFFICER'S ASSOCIATION I200 ELM AYENUE, CARLSBAD, CALIFORNIA 92008 729-7102 !- , ! To: Paul BUSSEX, City Manager FROM: Carlsbad Police Officer's Association RE: Request for placement on City Council Agenda, August 21, 1979 Mr. BUSSEY: The Carlsbad Police Officer's Association respectfully requests to address the City Council on Tuesday, August 21, 1979, at the regularly scheduled City Council Meeting. Our request results from a misunderstanding regarding the present Memorandum of Understanding being negotiated between the City and our Association. A detailed letter regarding the above will be forwarded to the City Manager's Office by our Association attorney, Steve SILVERS, on 8-13-79. Priority consideration would be appreciated due to the fact that both the City negotiators and the Association negotiators are anxious to finalize this year's negotiations. Sincerely, CC: Steve SILVERS ms/ms CPOA Negotiating Team Michael J. SHIPLEY 'I Association President c DATE : TO : FROM : SUBJECT: AUGUST 15, 1979 CITY COUNCIL ACTING CITY WAGER REQUEST TO ADDRESS COUNCIL CARLSBAD POLICE OFFICERS’ ASSOCIATION The attached material is for your information as the subject item is scheduled on the August 21, 1979 agenda, WILLIAM C. BALDWIN Acting City Manager WCB : gb Attachments ..- .?- e SILVER, WELLS & KREISLER STEPHEN H. SILVER SAMUEL-J. WELLS RICHARD M KREISLER CHARLES A. GOLDWASSER GEORGE W. SHAEFFER. JR. J. LEONARD STERN STEVEN E. KAYE OF COUNSEL NORMAN 8. 5lLVER ROBERT N. STONE CHARLES I. DOLGINER A PROFESSIONAL LAW CORPORATlON ne61 SAN VICENTE EOULEVARn SUITE 1000 14328 VICTORY BOULEVARD. SUITE 102 WAN NUIS. CALIFORNIA 91401 TELEPHONE 1213) 988-9050 LOS ANGELES. CALIFORNIA POMP August 13, 1979 Honorable Mayor Nembers of the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re : Negotiations Between City of Carlsbad and Officers Association Representatives of the the Carlsbad Police Gentlemen: We are writing this letter to you as the governing body of the City of Carlsbad on behalf of the Carlsbad Police Officers Association, an employee organization recognized by the City to represent substantially all police personnel. The purpose of this letter is to advise you of the existence of a serious problem which has arisen during the course of this year's negotiations between your representatives and those of the Association. The basis for this problem is that your represen- tatives have unilaterally undertaken to change the-terms of an agreement to which they were parties. the product of several months of extensive negotiations involving several complex and delicate issues.. The action of your representatives is of such a nagnitude that it has abrogated the aforementioned agreement and has rendered virtually impossible the reaching-of any new agreement between the parties, absent a significant . change in the negotiating atmosphere. matter to your attention to encourage you (1) to compel your representatives to refrain from attempting to alter the terms of their agreement with Association representatives and (2) to honor their agreement by adopting it in its entirety, without any modifications. This agreement was We are bringing this Throughout negotiations, City representatives assumed the posture that one of the terms that must be agreed upon by Association members for the City to accept their proposal to implement the 2% at age 50 retirement formula - 4 7 ' SJLVE~R, WELLS & KREISL A PROFESSIONAL LAW CORPOUATION I Mayor and City Council City of Carlsbad August 13, 1979 Page 2 would be the relinquishment of their right to receive a cash payment for accumulated sick leave upon termination of employment after ten years of continuous City service or by death, as set forth in Section 8, Rule XI of the City of Carlsbad Personnel Rules and Regulations. At various times during the course of negotiations, the City submitted written proposals setting forth its then current position. Each such proposed Memorandum of Understanding included an identical Article 7 pertaining to the proposed relinquish- ment of that right by employees. For your information, we are enclosing herewith copies of those proposals which bear the respective dates of (see page 1, line 2 of each docu- ment): May 2, 1979; June 5, 1979 and June -13, 1979. Association representatives that whenever the City nego- tiators referred to the relinquishment of the right to - payment for unused sick leave, the Association representa- tives understood such reference to be in accordance with the specific language of Article 7 of the current written pro- posal of the City. There were never any discussions that indicated any contrary intention on the part of the City representatives. Those persons never communicated, in any Association representatives of any additional rights or involved any agreement by Association representatives to change the definition of "sick leave" and the manner and circumstances under which it could be used. During negotiations it was the understanding of .. .- wuy, ~~~u~ the (-itY'! Fosltion ;r;eLudc2 &Ln v-7 : -e-.: vLTnfiVs4- 7-v. LAAL L L AAAAy UI LIIYLL+.* L uy -*--* &--L-.L In fact, because the Association members, and particularly those who had already worked more than ten - years for the-City, were not anxious to relinquish their - right to the cash payoff afforded by Section 8, Rule XI of the Personnel Rules and Regulations, the parties explored an alternative approach which-would soften the impact resulting from the loss of that right.- That approach - involved the immediate cash payoff to persons with more than five years of service for all sick leave accumulated by them to date in excess of 120 hours. The compromise solution would have paid to such persons a portion of the value of such excess hours, which value would be computed according to the same formula as set forth in Section 8, Rule XI of the Personnel Rules and Regulations. * ., * .* SILVER, WELLS & KREISI.,~ . A PR3FESSIONAL LAW CORPORATION Mayor and City Council City of Carlsbad August 13, 1979 Page 3 On or about July 10, 1979, a verbal agreement was reached between negotiators for the parties. The agreement included the relinquishment of the right to the cash payment under Section 8, Rule XI subject to the afore- mentioned immediate cash payoff-for hours in excess of 120. The representatives of the City indicated that they desired to prepare a draft of a written agreement incorporating the terms of the verbal agreement. Such a draft was received by this office on July 20, 1979. We are enclosing a copy herewith. Article 7 -of the draft -was again entitled "Disposition of Accumulated Sick Leave". the first paragraph-of Article 7 accurately sets forth the agreement to cause Section 8, Rule XI of the City's Personnel Rules and Regulations to be inapplicable to employees repre- sented by the Association. paragraph of Article 7, the agreement also sets forth, in rough terms, the terms of the cash payoff to current employees with five or more years of service who have accumulated in excess of 120 hours. The penciled notations on the draft are mine and, with respect-to the paragraphs pertaining to the present cash payoff, reflect minor language changes agreed upon between the City's representatives and me drier I had reviewed the draft. As you will-note, Commencing with the fourth The real problem in question results from the insertion by the City's representatives of paragraphs 2 and 3 of Article 7. These paragraphs seek to deprive employees represented by the Association-of significant-rights beyond those relinquished as part of the aforementioned agreement. Initially, these paragraphs would eliminate the existing right of the employees to utilize sick leave for any injury or illness that was incurred during the course and scope of employment. In addition, those employees would be prevented from utilizing their sick leave benefits for those "industrial" illnesses or injuries in situations where they have exhausted their rights to time off with pay under Section 4850 of the California Labor Code. Such action would preclude such an employee from exercising his lawful right to extend the effective date of a disability retirement from the date he has exhausted all of his rights under Section 4850 until such time as he uses all of his sick leave benefits, ' SALVER, WELLS & KREISL,,; ' A PROFESSIONAL LAW CORPORATION Mayor and City Council City of Carlsbad August 13, 1979 Page 4 We do not question the benefits which would inure to the City from the insertion of paragraphs 2 and 3 of Article 7. Our disagreement with such action is that this approach was never pursued during the course of negotiations and is directly contrary to the terms of the agreement of the parties. tives communicated to Association representatives this desire to have the employees relinquish these valuable rights was after the agreement had already been reached. This attempt, at such late date, to alter significantly the agreed-upon terms and conditions of the agreement can only be interpreted-as an act of bad faith. The very first occasion when your representa- We have been advised-by representatives of the City, including its negotiators and the City Attorney, that - the City representatives will not sign a written agreement in accordance with.the terms of the verbal agreement, but will only execute an agreement which includes these new conditions. The Association membership refuses to be bullied into relinquishing valuable rights by such improper action on the part of City representatives. Suppose that after a verbal agreement had been reached, we had submitted to your representatives a written agreement purporting to incorpor- -- inserted a provision whereby the City would be relinquishing a very valuable right that had not been discussed previous to the verbal agreement. representatives were-insisting that we would only sign the written agreement if the City agreed to relinquish such right, Under those circumstances, you undoubtedly would be as irate as the membership of the Association now is. ate the terms of the verbal ayieeiiieiit aiid had iiT1iiZiterGii.y Assume further that the Association Again, on behalf of the Association, re request you to act immediately to instruct your negotiators to honor their verbal agreement and to sign a written agreement reflecting its terms without including provisions that were never previously discussed, let alone agreed-upon, To the members of the Association, the most important principle involved is the honor and integrity of the City representa- tives. We are sure that you value those qualities and will act immediately to convince the Association members that you, the true representatives of the City, possess those qualities and will not condone the abrogation of a verbal agreement by unilaterally inserting new provisions. e‘ .. . . I - SILVER, WELLS &. KREISL F, A PROFESSIONAL LAW CORPOHATION Mayor and City Council . City of Carlsbad August 13, 1979 Page 5 If, for some reason, you have not chosen to remedy the problem prior to August 21, 1979, we hereby request that you consider this matter at your regularly scheduled public meeting on that evening. as well as representatives of the Association and other interested parties, plan to be present on that occasion to communicate with you regarding this very serious problem, if necessary. Meanwhile, we certainly pledge our commit- ment to do anything we can to attempt to resolve this prob- lem in an honorable and orderly fashion. Representatives of this office, Sincerely,. -- SILVER; WELLS ’& KREISLER SHS/kb Encls cc Carlsbad Police Officers Association * n-.. Ei-i-ssey; Cj.t~ ~*~~.~~~t~~r .L Vincent F. Biondo, Jr, , City Attorney Bill Hamilton, City Negotiator Jerry Pieti, Personnel Director 1 . . ._. ____ ^. . . _, -- _.-. .. . ____ . - . . . . .- - . .. L, .?' b MEMORAEDUM OF UNDERSTANDING a T'rris MzmorA.ndum of Understanding is made and entered into this day of ~illy, 1979, be and between designated'management representatives of the City of Carlsbad (hereinafter referred to as the "City") arid the desiqnated representatives of. the Carlsbad Police OEficers* . Association (hereinafter referred to as PREAMBLE It is the purpose of this Memorandum of referred to as "IYemorandum") to promote t CPOA for "employees") - _. Understacding (hereinafter and provide for harmonious relations, cooperation and understanding between-the City mafiagement representatives and the local safety police employees covered under this Memorandurn; to provide an orderly and-equitable means of resolving- .any misunderstandings cr differences whicn may arise under this Mezo- randum; and to set forth the agreement of the parties reached as a . result of gocd faith-negotiations-regarding wages, hours an'd other terns and conditior,s of employment of the employees covered under -thisJ4emo- randum, which agreement the parties intend jointly to 'submit and recommend fGr City Council approval and implementation. l ARTICLE 1, -. RECOGNITION - The-City of Carisbad recognizes CPOA as the majority representative ' for all classifications in this Unit, as set forth in the Petition for Formal Recognition, submitted on May 24, 1976, in accordance with the provisions of Section 2.48-090 (1) of the CarlsSad Municipal Cotie- ARTICLE 2.' - - IMPLEMEPJTfiT ION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. timely manner to make the changes in City ordinances, resolutions, rules, policies 2nd procedures necessary to implement this Memorandum, It is agreed that the City will act in a 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 impleinentation, are fully met; but in no event shall said Memorandum become effective prior to 12:Ol a,m, on July 1, 1979, This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1982- c - .. -2- AkTICLE ‘4 . RENEGOTIATION .. Section 1. In the event either-party desires to meet and confer in good faith on the provisions of a successor Memorandum, such party shall serve upon the other party, during the period from December 1, 1981, to February 1, . 1952, its request to commence meeting and conferring in good faith. . Upon receipt of such written notice, meet and confer shall begin no later than March 1, 1982. - Section’ 2. Unless the City serves upon CPOA, full entire written proposals-to amend, add to, delete or otherwise change any of the provisions of this Memo- randum, this Memsrandum 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 proposals, meet and-confer shall begin no later than March 1, 1982, Notwithstanding the above, if _- federal or state governments take action that has direct effect upon .areas which-fall within meet and confer, the City may--submit proposals - concerning these areas at later dates. _- Section 3. I -* If neither party requests a reopening for the purpose of renegotiation, all conditions of this Memorandum remain in full force and-effect for - one year from-the date it would have terminated unless-either party gives thirty (30) days notice to terminate subsequent LLG J~ne 30, 1982, __ *. ARTICLE 5. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all present benefits . for the term of this agreement, except as amended by this Memorandum, ARTICLE - 6. COMPENSATION ADJUSTMENTS - The parties agree to recommend the City Council amend the existing City salary Plan adopted by City Council Resolution No- 5549 to provide for salary increases in the amounts and effective an the dates shown below. a. Five percent (5%) salary increase effective July 1, 1979. b. Three percent (3%) salary increase effective February 1, 1980, c. Four percent (4%) salary increase effective October 1, 1980. d. -Three percent (3%) salary increase effective Apr-i.1 1, 1981, e, .Three percent (3%) salary increase effective July 1, 1981, f, If on January 1, 1982 the gross annual salary of.”a Carlsbad Police Officer with five years of service is below-the mean of the gross annual salaries of police officers with five years of service in the Cities of La Mesa, El Cajon, Chula Vista, National City, r _I .. Escondido, Imperial Beach, Coronado, Oceanside, San Diego, and - . the County of San Diego, salary shall increase by a percentage necessary to bring the salary of a Carlsbad Police Officer to the mean gross annual salaries of the above listed cities-as of January 1, 1982. In n9 case shall such an increase exceed four percent (48) effective January I, 1982, - ? ARTICLE 7. DISPOSITION OF ACCUMULATED SICK LEAVE . Parties agree to recommend to the City Council that as of June 30, 1979, the provisions of Section 8, Rule XI,.Personnel Rules and Regula- tions, Resignations, providing for sick leave payoff, shall not apply to represented employees, and agree that the rule shall be amended to so provide. Parties agree to recommend to the City Council that as of June 30, 1979, Rule X, Attendance and Leaves,-Secfion 6, be amended by the amendment of the-last sentence beginning, "Members of the Fire and Police Depart- ment ...'I, etc, to provide that the Section 6 benefits do not apply to represented employees- 2 & ,,%Parties further agree that the changes quoted below be added to the City I 2 \of Carlsbad Personnel Rules and Regulations-- Section 5, Rule X, "Sick W'leave shall not be taken-as vacation time, -nor compensated in cash at any time. 'I PLocal safety -employees shall - not be granted sick leave in lieu of nor in addition to the leave of absence with pay authorized by q~~~l~'Section 4850 of the California Labor Code. Local safety employees are not entitled to rence which entitles the employee to 4850 benefits, Council that the City payTeach employee waiving sick leave payoff, . *subject to the provisions of this Memorandum, who as of June 30, 1979, has a minimum five {5) years of service with the &ty, a cash settle- ment for accrued uncompensated sick leave in excess of one hun$red twenty (120) hours as of June 30, -1979 at the-rates-shown below, [,,Cd'Employees with fifteen (15) -or more years of service,pone-half (50%) -of 'e - accrued uncompensated sick leave in excess of one-hdndred twenty (1201 hours at an hourly salary which is the average hourly salary for the thirty-six month period proceeding June 30, 1979. I sick leave for any job related injury or other occur- T- '22 ~,~fiii#&!~-ti~n 35 khp aS.-...re a.;r-emer,t Bar-ies ~-,cc~~e~~ tc tA-, .tL-- - I. ~ &p .a Ch-2 c (T A--L.4 -"& Employees with ten or more but less than fifteen years of service Y-C-d? one 1 quarter (25%) of accrued uncompensated sick leave in excess of one hundred twenty (120) hours at an hourly salary which is the average '> hourly salary for the thirty-six month period proceeding June Employees with five or more but less than ten years of percent (158) of accrued uncompensated sick leave in hundred twenty (120) hours at an hourly salary which is the average6-.--I hourly salary for the thirty-six month period proceeding June 30, 1979,2-,. Eligibility for such cash settlement parties of a list of eligible employees pfovided by the City, showing total by name the eligible employees -a&, their -. 3.- accrued sick leave -stated in hours and their- average--hourly-rate of pay for the period ending June 30, -1979, exclusive-of any Educational =+LA r3 C be based upon-approval of both - c b - - -4- 5 '/JF -. Incentive Program salary supplement. Such list-- be distributed to the members of CPOA by the City for possible challenge or amendment. Githin five working days from date of issue. no challenges are received and/or all amendments are conpl'eted the List shall be considered correct by both parties and agreement indicated by recording signatures of the authorized agents of both parties to said list. Payment shall be further contingent upon receipt of a signed and dated request from each eligible employee, stating the total number accrued sick leave pours LJ #2 9-reater k i than one hundred twenty (120) hours of accrued sick leave &L* the eligible employee desires to be compeasated, f-oc Such requests be received not later than .August &- 1-979, 'by - ' the Personnel Director, City of Carlsbad, and t&-k6ntain a statement of understanding that any portion of accrued sick leave greater than hundred twenty (120) hours for which cash settlement is not requested will continue as an accrual but for which cash settlement may not be made in a lump sum or in instal If after five working days 7-ltt"c one equested after August I$ 1979.Eyments of cash settlements shall be nts with the manner and tine of such Jpayments payment be Parties further agree to - , .-., 'July 1, 1982, the City proceed in a timely manner to anend-its existing contract with the Public Employees' Retirement System of the State of California. to provide any remaining accrued sick leave at the time of retirmt frm City service will be converted to retirement service credits at a ratio of each twenty-five (25) days of accrued sick leave being equal to one (1) The purpose and intent of the contract amendments trill be I month of retirement service. 0 -7 ARTICLE 8. COMPENSATION TIME OFF Partiks agree to recommend,the City Council authorize employees to e elect,.' compensatory time off in lieu .offsalary -comperrsatkn for holidays or overtime worked,- Such election's be limited to the accrual of not more than eighty (80) hours of compensatory time off at any one tine. The use of any combination of compensatory-tLme off and annual vacation shall not exceed one hundred sixty (160) hours at any one the during any fiscal year. In all cases the assignment of employees to holiday work or overtime trork as well as final approval of requests-for compen- sation time off shall be the sole responsibility of the Chief of Police. r -4 -. -,- c- ^-- ---A- Lc 3- - r 0 _- 7 \ ------ ARTICLE 3. PUBLIC EMPLOYEES' RETIREMENT SYSTEM Parties agree to recommendjCity-Council authorize the amendment of the existing contract between the City and the Public Employees' .Retirement System to include the following changes. a. Inclusion of the provisions of Section 21380-7 of the California Government Code, the 1959 Survivor's' Benefit, in the contract effective July 1, 1980, .pi7 --- --- . - ; b, Inclusion of the provisions of Section Government Code, the 2% at aqe 50 effective June 30, 1979. -.. tqsL ARTICLE 10. HEALTH AND MEDICAL INSURANCE The city agrees to amend its present health and medical insurance plan as shown-on Attachment A. The parties agree to recommend'the City Council authorize the payment of a sum of fifty dollars ($50.00) per month effective October 1, 1979 and sixty dollars ($60.00) per month effective October 1, 1980 and seventy dollars ($70.00) per month effective October 1, 1981 toward health and medical insurance coverage of each employee with the provision that the amount remaining above and beyond the cost of individual employee premiums be applied to defraying the cost-of dependent health and medical care insurance premium. r - .. / It is intendeq that this Nemorandum of Understanding sets forth - the full and entire understanding of .the parties regarding the ~ matters set forth herei'n,, and any other prior or existing under- standing or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in It is the intent of the parties ,that this Memorandum of Understand- ingbe administered in its entirety in good faith during its full b . : >- - -- ,----- '< ~ - --. ** -1 ARTICLE 11. ,. "FULL UNDERSTANDING, MODIFICATION, WAIVER - 2 A, - ._ . their entirety. B. term. - -* It is recognized that during such term it may be necessary for the City to make changes in rules or procedures affecting the employees in the Unit. Where the City finds it necessary to make such changes it shall notify CPOA-indicating the proposed change prior to its implementation- If CPOA wishes to consult or negotiate with the City-regarding the matter, CPOA shall notify the city witnin five i5) PiorKing Szys zzom -L'rrz 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 as a result of the change instituted- by the City. -. c Where the City makes 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 herein 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 shahl ' not extend beyond the period or the emergency, ~Emer~ency" shall be defined as an unforeseen circ~~instance requlrlng immediate imphm@ntatiOn of the change. c, Failure by CPOA to request- consultation or negOtiations,, pursuant to Paragraph B, shall not be deemed as approval of any action taken . by the City. ' D- Except as'speoifically prPvided herein, it is agreed and understood th-at each party hereto vcjluntarily and uitqualif iedly wqiyes its right, and agrees that ti\@ other shall not be required, to negotiate with respect to any othec n\;\kters within the scope of negotiations, during the term of this i!WOrandum of Understanding.-- ' 'E. 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. . F. The waiver of any breach, term or condition of-this Memorandum of Understanding by either party-shall not constitute a precedent in .- the future enforcement of all its terms and provisions. .. ARTICLE 12. AUTHORIZED AGENTS -. a For the purpose of administering the terms and.provisions of this Memorandum of Understanding: A. City's principal authorized agent shall be the.City Manager, or a duly authorized representative. (address: 1200 Elm Avenue,-Carlsbad, California 92008; Telephone: - (714) 729-1181), except where a particular City representative is specifically designated in connec- tion with performance of a specific-function or obligation set CPOA's principal authorized agent shall be its President o'r a duly authorized representative (Address: -1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181), forth herein- J. B. -* ARTICLE 13. PROVISIONS OF LAW - It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, rules and regulations, or is otherwise held to be invali'd or unenforce- 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 Understanding the day, month and year first above written. &le by any Li-i-bul,&l or c=ji~,pete~~t j-crisdictiorl, s-izk- par< -pr-,visioi, c . CITY OF CARLSBAD PAUL D. BUSSEY, City Manager P Approved as to form: VINCENT F. BIONDO, Jr. City Attorney . ' President CPOA '8 . STEPHEN H. SILVER, Representative CPOA .. -- ATTACHMENT A Rase Benefits Proposed - Pres en t $50.00 . $1250.00 $1400-$7.00 RVS $1200-$10 Per Visit .. . $100.00 '$500 ;OO & Board-120 days -4 $85.00 $1250 .OO $1400-$7 .OO RVS $1200-$10 Per Visit $500.00 $100.00 - = Hospital Room 0 ther Hospital Services Surgical Expense Medical Charges ' Diagnostic X-Ray & Lab Accident Rider Major Medical_ Maximum - Deductible - 2 Family Maximum Co-Insurance $250,000.00 Yes 80% $2500.00 - (100% thereafter) . $14.00 - . $17 .OO $105.00 -3 Times Included $100.00 $1,000,000.00 $100.00 . Yes 80% $2500.00 . (100% thereafter) $18 .OO $20.00 . $140.00 3 Times. , Included - RVS 1964 at .>Anaesthetist t Rook & Board Intensive Care Unit Maternity (As any other illness) . Rates - (does not include AD&D) Employee Only Dependents Only $27.50 $57.35 $23.00 ' $45.35 . .. '- -e. .. ... .- .. .. . .. .. .- .. - .. . _. .. . 1 .I. .. . -. . . ... . .. .. .. .I ..' .. . .. .. .. . I. .. MEMORANDUM OF UND~RSTANDING .- This Memorandum of Understanding is made and entered into this 13th,day of June, 1979, 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 ta as CPOA or "employees"), I PPWBLE It is the purpose of this Memorandbm 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 ariy misunderstandings or differences which may arise under this Memo- randum; and to set forth the agreement of the parties reached as a- result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1, RECOGNITION - .. The City of Carlsbad recognizes CPOA as the majority-representa- tb.ve ZGZ a31. classific~ticns in this Unit, as sat forth in .. - accordance with the provisions.of Section 2-48.090 (1) of the Carlsbad Municipal Code. 1'. the .Petition for Formal Recognition, submitted on May- 24, 1976, in - ARTICLE 2 - IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum- by the membership of CPOA. It is agreed that the City will act in a - -timely manner to-make the changes in City ordinances, resolutions, . . rules, policies and procedures necessary to implement this Hemorandurn, 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 irnplementa- tion, are fully met; but in no event shall said Memorandum become expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1982 - . effective prior to 12:Ol a-m. on July 1, 1979. This Memorandum shall _.- *. . 1- ART-1CL.E - 4. RENEGOTIA'A 3N Section 1. .. In the event either party desires to meetand confer in good faith on the provisions of a successor Memorandum, such party shall serve upon the other party, during the period from December 1, 1981, to February 1, 1982, its request to commence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer shall begin no later than March 1, 1982. Section 2. - 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 f0r.a successor agreement, except in the matter of salaries or other economic provision. Upon receipt of such notice and proposals, meet and confer shall begin no later than March 1,1982. the-above, if federal or state governments take action that has direct effect upon areas which fall within meet and confer, the City may-- __ submit proposals concerning these areas at later dates, Notwithstanding Section 3. __ If neither.party requests a reopening for the purpose of renege-_- tiation, all conditions of this.Memorandum remain in full force and effect for one year from the date it would have terminated unless either party gives thirty (30) days-notice to terminate subsequent - I - - to June 30, 1982'. - FRTICLE 5. RETENTION OF BENEFITS-- -I -___ The employees of the City of Carlsbad shall retain all present-.- ., -'benefits for the term of this agreement, except as amended by this Nemorandum - .. i XX xx . .. .. xx .. .. xx .- .. . ~ . .. . .. xx xx - 1 .I I -3- P ARTICLE 6. COMPENSA"' *JN ADJUSTMENTS -_I_- 'The parties agree to recommend the City Council amend the existing City Salary Plan adopted by City Council Resolution No. to pkovide for salary increases in the amounts and effective on the dates shown below. a. Five percent(5S) salary increase effective July 1, 1979. b. Three percent (3%) salary increase effective January 1, 1980, c. Four percent (4%) salary increase effective July 1, 1980. d. Three percent (3%) salary increase effective January 1, 1981. e. Four percent (4%) salary increase effective July 1, 1981. f. . If on January I, i982 the gross annual salary of a Carlsbad Police bfficer with five years of service is below the mean of the gross annual salaries of police officers with five years of service in the Cities of La Mesa, El Cajon, Chula Vista, National City, Escondido, Imperial Beach, Coronado, Oceanside, San Diego, and the County of Sax-Diego, salary shall increase by a percentage necessary to bring the salary o€ a Caxlsbad Police Officer to the mean gross annual salaries of the above listed cities as of January 1, 1982, In no case shall such an increase exceed four percent (48) effective January I, -. 1982, - ; ARTICLE 7. -DISPOSITION OF ACCUMULATED SICK LEAVE' -.. Parties agree to recommend to the City Council that as of Juhe 30, -- 1979 .Section 8 .. Rule XI, Resignations, City. of Carlsbad Personnel Rules and Regulations, quoted below, be rescinded. "An employee, who terminates in good standing after ten (10) years of continuous City service or by death, shall be paid one-fourth (1/4) of his accumu- -- - . lated unused sick-leave- An employee, after fifteen (15) years of continuous City service, upon terrnina- tion or retirement-in good standing or by death, shall be paid one-half (%) of his accumulated unused sick leave, Payment for unused sick.leave shall be computed on the highest average monthly base salary during any period of three consecutive years during employment with the City. " Parties further agree to recommend to the City Council that on or after July 1, 1979, the City proceed in a timely manner to amend its existing contract with the Public Employees'.Retirement System of the State of California. The purpose and intent of the contract amendments will be to provide for changes in the manner in which . employees subject to the provisions of this-Memorandum are compensated for accrued sick leave, Specifically, the amendments authorize the crediting of all accrued sick leave at the time of retirement from City service as service time counting toward total retirement service, Accrued sick leave will be converted to retirement service credits at a ratio of each twenty-five (25) days of accrued sick leave being equal to one (1) month of retirement service. . ..-* . . . . - _. __ - ---. . .. - x- c *. - I-- - --~-" .w "- - - -- "--'-."~'--"%P-i...-zT*--lll.c.~Y^.a--X. - *-"11.. . -- .'.LZ+.~... I Parties agree to recommend to the City Council that the provisions ok Section 14 (b(1) and b(2)), Rule X, Overtime, City of Carlsbad Personnel Rules and.Regulations, be rescinded as of July 1, 1979. In lieu, thereof, the provisions of Section 14 (a) of the same' rule shall apply to employees of the Carlsbad Police Department covered by thfs Memorandum. ARTICLE 9. COMPENSATORY TIME OFF . .r Parties agree to recommend the C5ty Council authorize employees the election of being compensated for holidays worked or overtime worked or . requesting Compensatory time off, Such election to be limited to the . accrual of not more than eighty (80) hours of compensatory time off at any one the. The use of any combination of compensatory time off and annual vacation shall not exceed one hundred sixty (160) hours at any one time during any fiscal year. In'all cases the assignment of employees to holiday work OK overtime work as well as final approval of requests for compensation time off shall be the sole responsibility of the Chief of Police. ARTICLE 10 . PUBLIC EMPLOYEES ' RETIREMENT SYSTEM Parties agree to recommend City Council authorize the amendment of the existing contract between the City and the Public Employees' Retire- ment System to include the following changes. I a. Inclusion of the provisions of Section 21380-7 of the California Government Code, the 1959 Survivors' Benefit, in the contract%ffective - July 1, 1980, . - ----- b. Inclusion of the provisions of Section ~IL~)L.OL of the CalifGi~LZ Government Code, the 2% at age 50 retirement, in the contract effective June 30, 1982. ARTICLE 11. HEALTH AND MEDICAL INSURANCE The City agrees to amend its present health and medical insurance plan as shown on Attachment €3 .) -The -parties agree to recommend the City Council authorize the payment of a sum of fifty dollars ($50.00) per month effective October 1, 1979 and sixty dollars ($60-00) per month ' effective October 1, 1980 toward health and medical insurance coverage- of each employee with the provision that the amount.rernaining above and- beyond the cost of individual efiployee premiums be applied to defraying the cost of dependent health and medical care insurance premium, ARTICLE 12. FULL UNDERSTANDING, MODIFICATION, WAIVER 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, regarding any such matters are hereby superseded or terminated in their entirety. .' B. It is the intent of the parties that tnis Memorandum of . Understanding be adxinistered in its entirety in good faith-during its full term. It is recognized that during such term it may be nece-ssary for the City to make changes in rules or procedures affecting the' employees in the Unit. such change it shall notify CPOA indicating the proposed change prior to its implementation. the City regarding the matter, CPOA shall notify the City within five (5) working days from bhe 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 as a result of the change instituted by the City. Where the City finds it necessary to make' If CPOA wishes to consult or negotiate with Where the City'makes 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. changes required during emergencies. However, the City shall notify ~ CPOA of such changes as soon as practicable, ments . shall not extend beyond the period of the emergency. -- "Emergency". - shall be defined as an unforeseen circumstance requiring immediate-. - Nothing herein shall limit the authority of the City to make such -Such energency'assign- . . implementation of th-e change. - - C. Failure by CPOA to request.consultation or negokiations, pursuant to Paragraph B, shall not be deemed as approval Except as specifically provided herein, it is agreed 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 Memorandum of Understanding- ,- of any action taken by the City. - e. D. - understood that ez.ch party beret-, *.i>l:3ntzr%ly 2nd. E. 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, . F, -The waiver of any breseh,-tem or condition of this Memoran----- dum of Understanding by either party shall not constitute a precedent in the-future enforcement o€ all its terms and provisions. ARTICLE 13. AUTfIORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City's principal authorized agent shall be the City Manager, or a duly authorized-representative (Address:. 1200-Elm Avenue, I Carlsbad, California 92008; Telephone: (714) 729-1181), -. except where a particular City representative 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 Prksident or a duly authorized representative (Address: 1200 Elm Avenue, Ca;lsbad, Califorinia 92008; Telephone: (714) 729-1181). ARTICLE 14. PROVISIONS OF LAW It is understood ahd agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, :rules and regulations, or is otherwise held to be invalid or unenforce- able 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 1-lemorandum of Understznding the day, month and year first-above written, . Approved as to form: .. VINCENT F. BIONDO, Jr. :. City Attorney -. CITY OF CARLSBAD .. - PAUL D. 'BUSSEY, City -Manager . -. President -- - : CPOA - . . STEPHEN H, SILVER, Representative CPOA '. {' -. ... .... ... .. ..... .. ... ..... . -. .I .. ....... -. .. , .. .. ,. - .. ., . . :. ... ... ... .. :. . ( ATTACHMENT. €3 -. -- - ..... -. .. .. .. .. .. .. -. . -. .... ... .... .- ... .... .- .-- : .... -_. - . : .~ .. .. .. .. ... . . -- ... .... ..... .__- . . ~ .. ... -- .. -. * --- ~ - . c .... ..... .. - -. -. - - -. ... -. ._ .-... -- . .. . .P . ,r ... . -. pr&os&d . . -. Present .. .. ..-' - ... .. *. .. Base' Benefits .. -. J . .- , .. Hospital RO~R s Board-I20 drys Other Hospitai Sedces Surgical Expense - Medical- Ch-arges .. Diagnostic X-Ray & Lab Accident Rider --- _. -_ - 7. c -- *. : .. -. Major Medical .. .. '.. .. . .. - F. .. . $2so,ooo-ao, $1,00~,~00-00 . ... .... .- Dedudble .. .. ... .- .. . -. - ... $100.00 - 47 .... , : . MakhtIE- - . . - ? . .- .. Yes ~~00*00 .. Yes -- - . . Co-Insurance .. 80% $2500-60 ..- 80% $2500-00 . . :- . 2 ~aiily 1,raXiGtum . , '.. thereaft-) (100% theireafter) . - - . . - L.. ... .. - $18-00-" .. .. .. . . _. , a- .- RVS-i964 at . . $14-00. ' .- . .. . -_ .'.~naesthetist .. - -$$20,00'. : -:-. :'. :. - . .- -. ...... - ._ . ..<- .__ $140-00 1. --: .. -$105-00 - .. . .- .- $17-00 .- .. _. . ... Roam ti Board Intensive C&e Unit -. iZAternity (&s any -other illness) Included' :_ - -. .f .. . 3 Times--. . . 3 Times . .- .... . . . Included _. - * .. -- . . ... . . . ._. - .- - -. .. .... - -. .. ..... .. - . . _-.. . . *_ .. ... .. -- . e.. .-. . * .; - -. .- Rates. - . (does not include AD&D) ; .: jr .. $27-50 :I-- $23-00 . .. -- . ... ..... . $57.35 _- -- -' - ... *. . L... . . . _. ,-' .. 545.35' .. Employee' Only --- .. .. .. .. .- e. Dependents Only -. __. -.- ..I. - I.. .*. .. * .*. 1. _._. -. _- D. ,-. -. . .--. . -. .. .. .. .. .. ... .- .*. . .- .. .. F - .- .. .. .. -. . .. .. -* _. .. .. .. i'- (' -. MEMOR~NDUM OF UNDERSTANDING -- This Memorandum of Understanding is made and entered into - this 5th day of June, 1979, 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 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 Memo- randum; and to set forth the agreement of the parties reached as'a -result of good faith negotiations regarding wages, hours and other 'terms and conditions of employment of the employees covered under this Memorandum, which agreement- the parties intend -jointly to submit -. recommend for City Council approval and implementation. ARTICLE 1. RECOGNITION . and - -. I The City of Carlsbad recognizes CPOA as the majority representa- tive for all-classifications in this Unit, .zs set forth in Attachment A of +hc D,otl-t-,i~n for Fermal R-ecognition, suhmj-tted on May 24, '1976, in accordance with the provisions of Section 2.48.090 (I) -of the Carlsbaci 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 membership of CPOA. timely manner to make the changes in City ordinances, resolutions, . rules, policies and procedures necessary to implement this Memorandum, It is agreed that the City will act in a .. 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 implementa- tion, are fully met; -but .in no event shall said Memorandum become effective prior to 12:Ol a.m. on July 1, 1979.. This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1980. .. AR~CLE 4. RENEGOTIATION to meet and confer in good EIemorandum, such party shall period from December 1, 1979 I . Section 1, - In the event either party desires faith on the provisions of a successor serve upon the other.party, during the ~ to February 1, 1980, its request to commence meeting and conferring in good faith, shall begin no later than March 1, 1980. Section 2. Upon receipt of such written notice, meet and confer Unless the City serves upon CPOA, full entire written proposals to amend, add to, delete or otherwise change any of the provisions of 'this Meinorandurn, '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 proposals, meet and confer- shall begin no later - than -March 1,1980. Notwithstanding. the above, if federal or state governments take action that has direct submit proposals concerning these areas at later dates; - - *effect upon areas which fall within meet and confer, the City may Section - 3. -- If neither party requests a reopening for the purpose of reneg'o- tiation, all conditions of this Memorandum remain in full force and effect for one year from the date it would have terminated unless . either party gives thirty (30) days notice to terminate subsequent- to June 30, 1980. - ' The employees of the City of Carlsbad shall retain all present benefits for the tern of this agreement, except as amended by this Memorandum, ARTICLE 6. - COMPENSATION ADJUSTMENT- 'The parties agree to recommend the City Council amend the existing City Salary Plan adopted by City Council ResoXution No. 5549, to provide salary increases in the amount of six 3uly 1, 1979. percent 46%) effective ARTICLE 7. DISPOSITION OF ACCUMULATED SICK LEAVE Parties agree to recommend to the City Council that as of June 30, 1979, Section 8, Rule XI, Resignations, City of Carlsbad Personnel Rules and Regulations, quoted below, be rescinded. . "An' employee, who terminates-in good standing after . death, shall be paid one-fourth (1/4) of his accumu- ten (10) years of continuous City service or by lated,unused sick leave- An employee, after fifteen . i .. 1 *( - -3- -_ .. . (15) years of -ontinuous City service, 1 jn termina- tion ox retirement in good standinq or by death, shall be paid one-half (+) of his accumulated unused . sick leave, Payment for unused sick leave shall be computed on the highest average monthly base salary during any period of three consecutive years during employment with the City.'' .. .. Parties further agree to recommend to the City Council that on or after July 1, 1979, the City proceed in a timely manner to.amend its existing contract with the Public Emplo ees' Retirement System of the Stake.of California. amendments will be to provide for changes in the mannex in which employees subject to the provisions bf this Memorandum are compensated for accrued sick leave. Specifically, the amendments authorize the creditingoof all accrued sick leave at the time of retirement from City service as service time counting toward total retirement service. Accrued sick leave will be converted to retirement service credits at a ratio of each twenty-five (25) days'of accrued sick leave being equal to one (1) month of retirement service. The purpose an 2 intent of the contract - 6 ARTICLE 8, HEALTH AND MEDICAL INSURANCE The City agrees-to amend its present plan'as shown on Attachment A and the method of providing for payment of Health and Medical Insurance _- coverage for employees. Such amendment to include that City pay a sun up to Foaty-five Dollars ($45.00) per month toward health and medical insurance coverage of each employee with the provision that the amount remaining above and beyond the cost of individual employee premium be applied to defraying-the cost of dependent health',and medical care insurance.premium. Such payment modification--shall take effect --- 4% Jzly 1, 1973. . .. -. .- ARTICLE 3 . - FULL UNDERSTANDING, MODIFICATION, WAIVER * 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 whether formal or hereby superseded xx xx XX . xx xx understanding or agreements -by the parties, informal, regarding any such matters are or terminated in their entirety. . -4- '. f- L B. It is the i, :nt of the parties that t s Memorandum of Understanding be administered in its entirety in good' . faith- during its full term. It is recognized thag during such term it may be necessary fox * the City to make changes in rules or procedures a€fecting-the employees in the Unit. such change it shall notify CPOA indicating the proposed change prior to its implementation, 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 satisEactory resolution of any problem arising as Nhe.re the City finds it necessary to make If CPOA wishes to consult or negotiate with Where the City makes 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,' . a result of the-change instituted by the City. Nothing herein 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 assign- ments shall not extend beyond the period of the emergency. "Emergency" - shall be aefined-as an unforeseen circumstance requiring immediate - implementation of the change. C, D; E. F. Failure by CPOA to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval Except as specifically provided herein, it is agreed and --- understood that each party hereto voluntarily and shall not be required, to negotiate with respect to-any other matters within the scope of negotiations, during the - term of this Memorandum 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 Memoran- dum of Understanding by-either party shall hot constitute a precedent.in the future enforcement of all its terms and provisions. - I of any action taken by the City. - - 3La,4c&lifi.2,s;y .w.aiT"res it2 rigA-it, > .. .-1 2 .---.t-=. = that .stp;,er -?L-" I. ARTICLE 10- AUTHORIZED AGENTS. For the purpose of administering the terms and provisions of this . Memorandum of Understanding: A. City's pr'incipal authorized agent. shall be the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, -California 92008; Telephone: (714) 729-1181), 8 -5- i- - .I . except where a particular City represen,,tive is specifically designated in connection with the performance of a specific. function or obligation set forth herein. .. . .E, CPOA's principal authorized agent shall be its President. or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, Califorinia 92008; Telephone: (714) 729-1181). . .- ARTICLE 11. PROVIFIONS OF LAW It is.understood and agreed that this Yemorandum of Understanding is subject to all current and future applicable federal and state laws, rules and regulations, or is otherwise held to'be invalid or unenforce- able by any tribunal or competent jurisdiction, such part or provision shall be Suspended and superseded by such'applicable law OK regulations, and the remainder of this hlemorandum of Understanding shall not be - affected thereby. - .- IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding -the-day, - - -- - _- - . month and year first above written. .. .. .- Approved as to form: - VINCENT F, BIONDO, Jr, . City Attorney .. .. ... . -. CITY OF CARLSBAD PAUL D. 'BUSSEY, City Manager .. .. .... .. . President CPOA -----____. - -_ - - STEPHEN H. SILVER, Representative ' CPOA' '. 4.. *. .. .- .. .. -* . _._ . , .. .. .. .. t'- .. . .. .. .. .. Base Benefits Hospital Room & Board-3.20 dzys Other Hospital SPKV~CZS - ' Surgical Expense Medical Charges . ~ , Diagnostic X-Ray & Lab Accident &der . . . ._ ..- .. Major Medical - - Maximum Deductible 2 Family Maximum Co-Insurance . RVS 3964 at 'Anaesthetist- -- -. Room & Board Intensive Care Unit ilaternity (AS any other illness) .. ' btes - (does not include AD&D) Employee Only . Dependents Only- _-... . - , I .. .. .. 3. , .) MEMORANDUM OF UN3ERSTANDING This Memorandum of Understanding is made and entered into this 2nd day of May, 1979, 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 "employ,ees") PREAMBLE It is the purpose-of this Memorandum of Understanding (hereinafter referred to as ''Memoranduii'') to proiriote -and provide -fcr 'hzrmonious relations, cooperation and understanding between the City management representatives and the local safety-police employees covered under this-Nemorandum; to provide an orderly and equitable means -of resolving . any misunderstandings or differences which-may-arise under this Memo- - randurn; and to set forth the agreement of the parties reached as a r'esult of good faith negotiations -regarding 'wages,--hours- and -ot%er terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for'city Council approval and implementation.-- -- __ - I . .. ARTICLE 1, RECOGNITION The City of Carlsbad recognizes CPOA as the majority.representa-- 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, r-: for 3-1: classiffcctinns iz this Qrrlt; as set- forth in Attachment A ARTICLE 2- __ IMPLEMENTAT ION This Memorandum constitutes a mutual recom.endation to be jointly syiu~: LuALL.-d.t~ L +- a the City Cocncil followiE9 ratification of the Memorandum - by the membership of CPOA. -timely manner to.make the changes in City ordinances, resolutions, rules, policies and procedures necessary to implement this Memorandum- ARTICLE 3. TEF@I It is agreed that the City.wil1 act in a The term of this Memorandum shall commence on the date when the terms and conditions €or its effectiveness, as set forth in implementa- tion, are fully met; but in no'event shall said Memorandum become effective prior to 12:Ol a.m. on July 1, 1979. expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1982. This Memorandum shall I f I. .8 ARTICLE 4. RENEGOTIATION .. &tion I. faith on the provisions of a successor Memorandum, such party shall - serve upon the other party, during the period from December I, 1981, to February 1, 1982, its request to commence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer shall begin no later than March l., 1982. In the event either party desires to meetand confer in good. Sect-ion .2. , -. 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 proposals,meet the above, :-if federal-or state-governments -take action that has direct submit proposals concerning these areas at later dates, Section 3. - and7confer;shall begin 50 later -than-March -1; 1982 .- Notwithstanding - effect upon-areas which Salf'within meet-and confer; the City-may - If neither party-requests a reopening for the purpose of renego- tiation, all conditions of this Memorandum remain in full force and effect for one-year from the date it-would have terminated unless either party gives thirty (30) days notice to terminate subsequent to.June 30, -1982. I ARTICLE- 5,- . RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all-present benefits for the term of this agreement, except as amended by this Memorandum. ARTICLE 6. COMPENSATION ADJUSTMENT The parties agree to recommend the City Council amend the existLng 'City Salary Plan adopted by City Council Resolution No. 5549, to provide salary increases in the amount of five percent -(5%) on each of the following dates: July 1, 1979; July 1, .1980;-and_July 1, - 1981, ARTICLE 7. DISPOSITION OF ACCUMULATED SICK LEAVE Parties agree to recommend to the City Council that as of June 30, 1979, Section 8, Rule XI, Resignations, City of Carlsbad Personnel Rules and Regulations, quoted below, be rescinded. "An employee, who terminates in good standing after death,-shall be paid one-fourth (1/4) of his accumu- lated unused sick leave. An employee, after fifteen - ,- ten -(lo) years of continuous City'seryice or by (15) years of continuous city service, upon termina- tion or retirement in good standing or by death, shall be paid one-half-(+) of his accumulated unused sick leave, Payment for unused sick leave shall bs during any period of three consecutive years during - employment with the City, " computed on the highest average monthly base salary . .L Parties further agree to recommend to the CLty Council that on or after July 1, 1979, the City proceed in a timely manner: to amend its existing contract with the Public Employees' Retirement System of the State of California, The purpose and intent of-the contract- - 'amendnents will be to provide for changes in the manner in which employees subject to the provisions of this Memorandum are compensated for accrued sick leave. Specifically, the amendments authorize the credithg of all accrued sick leave at the time of retirement from City service as service time counting toward total retirement service. Accrued sick leave will be converted to retirement-service credits at a ratio of each-twenty-five (25) days of accrued sick leave being - -: equal to one -(1) month of retirement service. - ARTICLE 8. -2 HOLIDAY OVERTIME COMPENSATION 1 Parties agree to recommend to the City Council that the provisions of Section 14 (b(1) and b(2)), Rule X, Overtime, City of Carlsbad-- - Personnel Rules and Regulations, be rescinded as of July 1+ 1979, In I lieu, thereof, the provisions of Section 14,(a) of the same rule shall apply .to employees of the Carlsbad Police Department covered-Ey this Memorandurn. ARTICLE 9. ~ DZ'nTRxMFN'F I-A&- --I-.- Parties agree to recommend that the City amend its present-Public Employees' Retirement---System contract to provide for the 2% age 50 -- formula for-computing pension benefits in accordance with the-provision of Section 21252.01 of the California Government Code to be effective 3u'3, 1982. 3*di 2:. ARTICLE 10, NEX CLASSIFICATION Parties agree to recommend that the City Council establish a classification entitled Senior Police Officer. This classification to be established between the classification of Police Officer and Police Sergeant and compensated at a rate of base salary at least five percent (5%) above cornpensated ranges for Police Officer, Upon initiation of the Senior Police Officer classification the practice of - paying detective compensation will be discontinued. ARTICLE 11.. FULL UNDERSTANDING, MODIFICATION, WAIVER 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, regarding any such matters are hereby superseded or terminated in their entirety, -* . -* -4- - B. It is the inrrent of the parties that this ldemorandum of. . understanding be administered in its entirety in good It is recognized that during such term it may be necessary for .. faith during its full term. the.City to make changes in rules or procedures affecting the employees in the Unit. Where the City finds it necessary to make ' such change it shall notify CPOA indicating the proposed change prior to its implementation, If CPOA wishes to consult or negotiate with the City regarding the matter, CPOA shall notify the City within five (5) working days from the receipt of such notice. Upan receipt of such notice, the parties shall meet promptly in an'earnest effort to - reach a mutually satisfactory resolution of any problem arising as a result of the change instituted-by the City. Where the City makes 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 herein 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.assign-- ments shall not extend beyond the period-of the emergency, "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change. - . C. 'Failure by CPOA to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by therCity. . D. .Except as specifically provided herein, it is agreed 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 Memorandum of Understanding, undcy-.secnd that each n=rixr ;*urcxi-n xvn7 1.rnC-r; 7 1- -- 3 - .- y~~ c1 ----I b- w WIUIALUI--L-L~ ailu E. Any agreement, alteration,-understanding,--variation,-waiver, or modification of any of the terms or provisions contained made and executed in writing by all parties hereto, and if required, approved and.implemented by the City Council, 'herein shall-not be binding-upon the parties hereto unless - F. The waiver of any breach, term or condition of this Mernoran- - dum of Understanding by either party shall not constitute-a precedent in the future enforcement of all its terms and provisions. ARTICLE 12. AUTHORIZED AGENTS For.the purpose of administering the terms and provisions of this Memorandum of Understanding: .. A. City's principal authorized agent shall be the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714)- 729-1181), .. P . .B, - -5- - except where a particular City represenmtive designated in connection with the performance function or obligation set forth herein, is specifically of a specific CPOA' s principal authorized agent shall be its President- or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, Califorinia 92008; Telephone: (714) 729-1181). . - ARTICLE 13, PROVISIONS OF LAW It is .understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, ~ rules and regulations, or is otherwise held to be invalid or unenforce- able 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 WTTNESS.-WHEREOF,..the parties hereto have. caused their - duly authorized representatives to execute this Memorandum of Understmding the day, . month and -year first :above written. - .. Approved as to form: CITY OF CARLSBAD ->. - PAUL D. 'BUSSEY, City Manager . .. ..- ..... President CPOA VINCENT F: BIONDO, 3r. STEPHEN E,, SILVER, Representative . City Attorney a CPOA i t 1. .-_..