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Home My WebLink About1985-07-16; City Council; 8246; Settlement Briefing Time Claim Police Officers.” .. \B# 8246 ATG. 7/16/85 .‘ J. . a w > 0 c e e Q: 2 0 .. 5 a =! 0 2 3 0 0 SETTLEMENT OF BRIEFING TIME CLAIM WITH CARLSBAD POLICE TITLE OFFICERS ASSOCIATION IEPT. CM I m I w CITY AlTY 6??& CITY MGR.~ RECOMMENDED ACTION: approving Settlement Agreement with Carlsbad Police Adopt Resolution No. funds. Association and appropriating ITEM EXPLANATION: Carlsbad Police Officers and communicators have been reporting to work 15 minutes prior to the start of their shifts to be briefed. They have received no compensation for this briefing time. A5 a result of a California Supreme Court case decided last year, the Carlsbad Police Officers Association (CPOA) requested to meet and confer to resolve CPOA’s claim for compensation for briefing time. Representatives of the City and CPOA have held a series of meetings regarding this issue. A Settlement Agreement has been negotiated to resolve this issue. The settlement deals with compensation for back pay and future pay. The city has a potential liability for back pay for briefing extending back to October 1981. The city has agreed to pay the CPOA $50,000 in settlement of the back pay issue. The potential liability to the city if the CPOA were to sue and prevail for all back pay at a rate of time and one-half would be approximately $244,140. The second part of the settlement involves pay for future briefing time. The city has agreed to pay an additional 1/3 of the employees retirement contribution for safety members of the retirement system. The city currently pays 2/3 of the 9% employee contribution. In addition, non-safety members of CPOA (communicators) will receive a salary adjustment of 2% and an additional 1% payment on their retirement contribution. These adjustments are retroactive to January 1, 1985. FISCAL IMPACT: In addition to the one time payment of $50,000, the retroactive payment for salary and benefits to January 1, 1985 will cost $24,373. A $75,000 appropriation from the Contingency Account is needed to fund this settlement. EXHIBITS : 1. Resolution No. 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1E 1€ 2c 21 22 21 2: 2: 21 RESOLUTION NO. 8107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSLBAD ADOPTING A COMPENSATION AGREEMENT BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD POLICE OFFICERS ASSOCIATION WHEREAS, representatives of management and the Carlsbad Police Officers Association have been discussing a dispute regarding compensation for briefing time for certain police department employees, and WHEREAS, said parties have reached an 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, marked Exhibit A, 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 Settlement Agreement between the Carlsbad Police Officers Association and management representatives attached hereto as Exhibit A is hereby approved and accepted. 3. That $75,000 is hereby appropriated from the contingency account to fund this settlement. 4. That the Police Department salary schedule attached hereto as Exhibit B is hereby approved. 5. The Memorandum of Understanding between the Carlsbad Police Officers Association and the City of Carlsbad approved on May 15, 1984, is modified by the Settlement Agreement. // // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of July , 1985, by the following vote to wit: AYES: Council MerrJsers Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None %* d'" ELL SLER, Mayor ATTEST: ..$ &.t;t, - <nY- ALETHA L. RAUTENKRANZ, City Clekk SEAL 3 -. EXHIBIT A TO RESOLUTION NO. 8107 SETTLEMENT AGREEMENT WHEREAS, the City of Carlsbad (CITY) and the Carlsbad Police Officers Association (CPOA) have a dispute regarding briefing time pay for certain police department employees, and WHEREAS, CPOA and CITY recognize the adverse impact of litigation on the employer/employee relationship and desire to maintain a good relationship free of such conflict, and WHEREAS, CPOA recognizes the need for scheduling which will accommodate the efficiency of the police service, and WHEREAS, the parties desire to effect a complete settlement of this dispute, THEREFORE, CPOA and CITY, hereby enter into the following stipulated agreement: 1. As compensation for briefing time pay prior to January 1, 1985, the CITY agrees to pay to CPOA the sum of Fifty Thousand Dollars ($50,000.00) upon certification from CPOA that the notifications of requests for payment as described in Paragraph 4 below, have been received and the total amount thereof does not exceed the sum of Ten Thousand Dollars (10,000.00). CITY shall not be liable to CPOA under this agreement for any amount exceeding said sum. 2. As compensation for briefing time pay after January 1, 1985 the CITY agrees to pay the employee contribution to the employee's retirement account not to exceed nine percent (9%) in the case of safety members and seven percent (7%) in the case of -1- non-safety members. The CITY currently pays a portion of the employee contribution, therefore, in the case of safety members the amount to be picked up by the CITY is three percent (3%) of salary and in the case of non-safety members the amount is one percent (1%) of salary. Payment of the employees retirement contributions shall be retroactive to January 1, 1985. CITY, further agrees to pay non-safety members an additional two percent salary effective January 1, 1985. The two percent salary increase shall not be included in salary survey computations until after December I, 1985. Payment of the retirement contribu- ions shall begin upon approval of this agreement by CITY. 3. CPOA agrees on behalf of itself and all its members to withdraw any and all claims now pending and in consideration hereof releases the CITY for any and all liability for briefing time pay arising out of the present work schedule in effect in the police department. Further, CPOA agrees on behalf of itself and its members not to sue, complain, grieve, or otherwise seek reimbursement under federal, state or local law on account-of briefing time or alleged overtime for working briefing, line-up or Code 7 time. CPOA verifies that it has sought and obtained the approval of this agreement by its members and is authorized to make the covenants contained herein and to bind its members to all aspects of this agreement. 4. CPOA and CITY agree that persons named in Exhibit "A" attached shall be notified by CPOA to file with CPOA within thirty days any request for payment for briefing time. In the event the requests and amounts paid exceed the sum of Ten Thousand Dollars ( $10,000) the parties agree to renegotiate this - 2- r. settlement agreement. In the event the requests and obligated amounts are less than that sum, such amounts will be paid from the $50,000 payment set forth in Paragraph 1. . 5. CITY agrees to designate a work cycle of a maximum of 171 hours over a 28 day cycle consistent with the Fair Labor Standards Act to accomplish the intent and purpose of this agreement by making any and all necessary changes in rules, regulations, ordinances and policies of the CITY. 6. CPOA agrees that the obligations to meet and confer under state law and local ordinance have been met as to any and all changes contemplated by Paragraph 5 hereof. CITY OF CARLSBAD CARLSBAD POLICE OFFICERS ASSOCIATION -3- .. _- EXHIBIT "A" POLICE OFFICERS RETIRED AFTER OCTOBER 1981 Name Mary Stapleton - Wallace Rossall Robin Hargett Kathleen Lang Robert McGu igan Douglas Francoise William Ready Elizabeth Rodriguez Retirement Date 12-01-82 0 2-01-8 3 10-01-82 12-0 1-83 03-01-82 11-0 1-82 02-01-85 01-01-8 5 7 .> -. ' -. .. EXHIBIT B TO RESOLUTION NO. 8107 POLICE DEPARTMENT SALARY SCHEDULE Biweekly Effective January 1, 1985 Dollars RANGE A B C D E RANGE 20 599 628 661 694 728 20 22 628 660 693 727 764 22 35 709 35 36 834 876 920 966 1014 36 38 876 920 966 1014 1065 38 42 1001 1062 1115 1171 1230 42 PS22 616 647 679 713 749 p522 RANGE 20 - Corn. Opr. I RANGE 36 - Officer 22 - Comm. Opr. I1 38 - Senior Officer PS22 - Corn. Opr. I1 42 - Sergeant POLICE RECRUIT $752 .. POLICE DEPARTMENT SALARY SCHEDULE Biweekly Effective 3uly 1, 1984 Dollars RANGE A B C D E RANGE 20 570 598 629 660 693 20 22 59 8 628 659 692 727 22 35 689 35 36 810 850 893 938 984 36 38 850 893 938 985 1034 38 42 982 1031 1083 1137 1194 42 RANGE 20 - COMM. OPR. I RANGE 36 - OFFICER 22 - COMM. OPR. 11 38 - SENIOR OFFICER 36 - COMM. & REC. SUPV. 42 - SERGEANT POLICE RECRUIT $730