HomeMy WebLinkAbout1979-10-02; City Council; 6013; CPOA MOUCITY OF CARLSEAD
Dept . Ed.
C, Atty.
C. Mgr.
- Subject: NEMOTZANDUM OF UNDERSTANDING WITH CARLSBAD POLICE OFFICERS'
ASSOCiATION
Statement of the Xatter
Representatives of the Carlsbad Police Officers' Association and
the City have reached agreement regarding wages and other terms and conditions 02 employnent for Fiscal Years 1979-1980, 1980-1981,
ad 1981-1902. TSese terns are included in a Me_?o,randl;rr\ of Under-
sc.Ltadir!g herewith sllbmitted to the City Council 22~ approvill 3i1.3 CI modified salary plan.
Exhibit
Resolution No. a53 , with Exhibit A, Memora,n-d-a of Understanding.
Resolution No. a<q , with Exhibit A, Salary Plan.
Recormendat ions
If'the City Council concurs, the adoption of the resolutions are
recommended:
Council Action:
10-2-79 Council adopted Resolution 5953, adopting a Memorandum of
Understanding with the Carlsbad Police Officers' Association; and adopted Resoltuion 5954, adopting the Salary Plan for employees represented by the Carlsbad Police Officers' Association for a
portion of Fiscal Year 1979-80.
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RESOLUTION NO. 5953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN IZEPRESEiqTATIVES OF MANAGEMENT AND THE
CARLSBAD POLICE OFFICERS' ASSOCIATION
WHEREAS, representatives of management and the Carlsbad
Police Officers' Association have been conducting negotiations
pursuant to the Meyers-Milias-Brown Act, regarding wages and
other terms and conditions of employment for Fiscal Years 1379-
1980, 1980-1981, and 198l-1982; and
WHEREAS, said representatives have reached agreement which
they desire to submit to the City Council for approval; and
WHEREAS, the City Council has determined it to be in the
public interest to accept such an agreement in the form of a
Memorandum of Understanding, marked Exhibit A and incorporated
by reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the
Carlsbad Police Officers' Association and representatives
of management is hereby accepted.
3. That the City Council intends to implement said
memorandum by incorporating its terms into the salary
plan for Fiscal Years 1979-1980, 1980-1981, and 1983.-1982
and the Personnel Rules and Regulations of the City of
Carlsbad and by other appropriate actions necessary in
accord with its terms.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of October , 1.979,
by the following vote to wit:
AYES : Councilmen Packard, L.ewis, Anear and
NOES : None
Councilwoman Casler
ABSENT : Councilman Skotnicki
RONALD C. PACKARD, Mayor
ATTEST:
(SEAL)
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2
- Exhibit "A" to Resol uti on 5953
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this day of September, 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 for "employees").
PREAMBLE
It is the purpose of this Memorandum of Understanding (herein-
after referred to as "Memorandum") to promote and provide for
harmonious relations, cooperation and understanding between
the City management representatives and the local safety police
.employees covered under this Memorandum; to provide an orderly
and equitable means of resolving any misunderstandings or
differences which may arise under this Memorandum; 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 implementa- tion.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CPOA as the majority representa-
tive'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
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 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 Memorandum.
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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 implementation, are fully met; but in no event shall said Memoran- dum become effective prior to 12:Ol a.m.. on July 1, 1979. This Memorandum shall expire and otherwise be fully terminated at
12:Ol Midnight on June 30, 1982.
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ARTICLE 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, 1982, its request to commence
meeting and conferring in good faith.
written notice, meet and confer shall begin no later than
March 1, 1982.
Upon receipt of such
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 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.
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.
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 on 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 April 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, 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 Janaury 1, 3.982. In no case shall such an increase exceed four percent (4%) effective January 1, 1582.
.
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
Regulations, 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, Section 6, be amended to recite that safety employees in the Police Department shall only
be governed by the laws of the state of California with respect to job incurred illness or injuries and shall not receive any of the other benefits described in Section 6.
Parties further agree that the changes quoted below be added to
the City of Carlsbad Personnel Rules and Regulations in place of the last sentence of Section 5, Rule X,
"Sick leave shall not be taken as vacation time, nor compensated in cash at any time..
Notwithstanding anything in this section to the contrary,
local safety employees are not entitled to sick leave for
any job related illness, injury or other occurrence which en.tit1es the employee to benefits under §4850 of the Labor
Code (hereinafter '4850 benefits'). The City Manager may authorize use of sick leave after 4850 benefits are
exhausted for job related illness . .. . or injury if he determines that:
1. The injury is not permanent and stationary.
2. The use of sick leave will not extend the effective
date cf the employee's retirement.
3. The employee is physically unable to work and there is a reasonable probability he/she may return to work.
If the City determines that a local safety member should
be retired for disability, such retirement may become
effective, notwithstanding the fact that his/her sick leave has not expired. I'
In consideration of the above agreement parties recommend to the
City Council that the City pay each 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
City as cash settlement for accrued uncompensated sick leave in
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excess of'one hundred twenty (120) hours as of June 30, 1979,
at the rates shown belcw.
Employees with fifteen (15) or more years of service, one-half
(50%) 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 30, 1979.
Employees with ten or more but less than fifteen years of service one 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 30, 1979.
Employees with five or more but less than ten years of service
fifteen percent (15%) 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 30, 1979.
Eligibility for such cash settlement to be based upon approval .of both parties of a list of eligible employees provided by the
City, showing by name the eligible employees and their accrued
sick leave, total accrued sick leave stated in hours and their
average hourly rate of pay for the period ending June 30, 1979,
exclusive of any Educational Incentive Program salary supplement.
Such list to be distributed to the members of CPOA by the City
for possible challenge or amendment within five working days from date of issue. If after five working days no challenges
are received and/or all amendments are completed 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 hours greater than
one hundred twenty (120) hours of accrued sick leave that the eligible employee desires to be compensated for. Such requests to be received not later thanNovenber1, 1979, by the Personnel Director, City of Carlsbad, and to contain a statement of under-
standing that any portion of accrued sick leave greater than one
hundred twenty (120) hours for which cash settlement is not
requested will continue as an accrual but for which cash settle-
ment may not be requested aftermveAxber 1, 1979. settlements shall be made in a lump sum or in installments with
the manner and time of such payments to be determined by the City Manager, but in no case will payment be completed later than July 1, 1982.
Parties further agree to recommend to the City Council that on or after July 1, 1982, 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 any remaining accrued sick leave at the time of retirement from 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) month of retire-
ment service.
Payments of cash
ARTICLE 8. COMPENSATION TIME OFF ---
Parties agree to recommend the City Council authorize employees to elect compensatory time off in lieu of salary compensation
for holidays or overtime worked. Such election to be limited
to the accrual of not more than eighty (80) hours of compensatory time off at any one time. 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 or
overtime work as well as final approval of requests for compen-
sation tine off shall be the sole responsibility of the Chief of
Police.
ARTICLE 9. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Parties agree to recommend City 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 Survivors' Benefit, in
.the contract effective July 1, 1980.
b. Inclusion of the provisions of Sec.Eion'21252.01 of the
California Government'Code, the 2%.at age 50 retirement, in
the contract effective June 30, 1982.
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, to pay the cost of
employee health and medical insurance premiums. All or any of the amounts which is in excess of the cost of the employee's health and medical care insurance premium may be designated by
the employee for the following.
a. Applied to defray the cost of health and medical insurance
provided by the City's carrier for the employee's dependent/s.
, b. Applied to defray the cost of a dental care plan provided
by the City's carrier for the employee and/or the employee's dependent/s.
c. Applied to defray the cost of an optical care plan provided
. by the City's carrier for the employee and/or the employee's
dependent/s.
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
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hereby superseded or terminated in their entirety,
B. 'It is the intent of the parties that this Memorandum of
Understanding be administered in its entirety in good faith' during its full 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 wished 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.
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 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 shall not extend beyond the period of the
emergency. "Emergency" shall be defined 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 of
any action taken by the City.
Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unquali-
fiedly 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.
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 Memorandum
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 12. AUTHORIZED AGENTS
For the purpose of administeringthe 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,
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Carlsbad, California 92008; Telephone: (714) 729-1181),
except where a particular City representative is specifically
designated in connection wi.th performance of a specific
functior, or obligation set forth herein.
CPOA's principal authorized agent shall be its President
or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714)
7.29-1181).
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 invalid or unenforceable by any tribunal or .competent jurisdic-
tion, 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
Understanding the day, month, and year first above written.
V City Attorney
L&d-LdL PAUL D. BUSSEY? City Manager
- CPOA
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RESOLUTION NO, 5954
A RESOLUTION OF THE CITY COUNCIL,OF THE
CITY OF CARLSBAD, CALIFOR-NIA, ADOPTING
THE SALARY PLAN FOR EMPLOYEES REPRESENTED
BY THE CARLSBAD POLICE OFFICERS' ASSOCIA-
TION FOR A PORTION OF FISCAL YEAR 1979-1980.
WHEREAS, the City Council did on October 2, 1979 I by
Resolution No. 5953 approve Memorandum of Understanding
between Management and representatives of the Carlsbad Police
and
WHEREAS, it is now appropriate in accord with said
resolution for the City Council to implement said adjustments
by amending the interim salary pian adopted by Resolution No. 5829;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Classification and Salary Range Schedule for
Police Safety Personnel for a portion of Fiscal Year 1979-1980 and
the Biweekly Salary Schedule set out in Exhibit A, attached hereto
and made a part thereof, are hereby adopted as the Salary Plan of
the City of Carlsbad for all employees covered by said schedule fo:
the period July 1, 1979 to January 31, 1980.
3. That the schedules adopted by this resolution shall be
retroactive to July 1, 1979 and shall supersede any portions
of the interim salary plan inconsistent therewith.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of October , 1979,
by the following vote, to wit:
AYES : Councilmen Packard, Anear, Lewis and
NOES : None
Councilwoman Casler
ABSENT: Councilman Skotnicki
RONALD C. PACKARD, Mayor
ATTEST:
(SEAL)
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2.
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20 409.54 429.50 451.53 473.55 497.63
22 429.50 451.53 473.55 497.63 522.43
28 497.63 522.43 548.57 576.11 604.33
36 604.33 634.60 666.29 700.00 735.10
3.8 634.60 666.29 700.00 735.10 771.60
42 700.00 735.10 771.60 810.14 850.74
46 771.60 810.14 850.74 893.42 937.93
49 830.11 872.08 915.45 960.90 1009.04
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City of Carlsbad
Clas'sif ication and Salary. Range Schedule
Police Employees -
Julv 1. 1979 - Januarv 31, 1980
Classification
Police Captain
Police Lieutenant
Police Sergeant
Senior Police Officer
Police Officer Communications/Records Supervisor
Communications Operator I
- Communications Operator I1
Range
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46
42
38
36
28
22
20
ATTACIINENT A
i t
Present
Nnspj.ta1 Room & Board-1.20 days
Kedical Charges $1200-$10 Per
$50. GO Other I:cxpi.tal Services , $1250.00
Surgica 1 Expens e $140O-$7.09 IiVS
Visit
Diagnostic X-Kay L Lab
Accident Rider
Maximurn
Deduct ib 1.e
2 Yakily Maxim~m
CO- Insur anc e
RYS 1964 at
.'Anac s tl; e t ist
Roon & Board
Intensive Care Unit
Maternity (AS any other illness)
$100.00
$500 .O@
$250,000.00
$100.00
Yes '
80% $2509.00
(100% thereafter)
$14.00 . .
$17.00
$105.00 3 Times
Included
$85.00
$1400--$7.06 llvs $1250.00
$1200-$10 Per
Visit
$500 .OO
$100.04
Rates - (does not include AD&D) ~mployee Only $23.00
Dependents Only $45.35
$1,000,000.00
$lOO.OO
Yes .
80% $2509. OIJ
(1~0% $IS .oo
$20.00
$1.40.00
3 Times
Included.
tha: ea f t er j
$27.50
$57.35