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HomeMy WebLinkAbout1986-04-22; City Council; 8596; MOU Police Officers' AssociationCIT ~ OF CARLSBAD - AGEND-8lLL 40# 833 MTG.4-22_86 DEPT. PER DEPT. HDm& Tu MEMORANDUM OF UNDERSTANDING WITH CARLSBAD /POLICE OFFICERS' ASSOCIATION / CITY ArrY CITY MGR.-- RECOMMENDED ACTION: City Council adopt Resolution No. r5/ 7 approving a Memorandum of Understanding with CPOA and Resolution No.f,<Jo adopting the Police Salary Schedule. ITEM EXPLANATION: Representatives of the Carlsbad Police Officers' Association and the city have reached agreement regarding wages and other terms and conditions of employment for a period from March 24, 1986, through June 30, 1988. The agreement calls for a 3% increase on March 24, 1986. In September of 1986, salaries will be set by means of a formula that will bring Carlsbad Police salaries to the average of other police agencies in San Diego County. in September of 1987, and will be retroactive to July 1. In addition, a second salary survey will be conducted FISCAL IMPACT : The cost for this agreement is extimated to be $160,000 for FY 86-87. EXHIBITS : 1. Resolution No. Kc/? adopting the Memorandum of Understanding with Carlsbad Police Officers' Association. 2. Resolution No. fC& 0 adopting Police Salary Schedule dated March 24, 1986. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 8519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES 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-Millias- Brown Act, regarding wages and other terms and conditions of employment for the period March 24, 1986 through June 30, 1988; 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 is hereby accepted. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of April, 1986, bythe following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES : None ABSENT: None I ATTEST: ALETHA LldQ%t& L. RAUTENKRANZ, dpPT City Clerk (SEAL) nEMORANDUH,OF UNDERSTANDING This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the Vity") and the designated representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "CPOA") . PREAMBLE It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to pranote and provide for harmonious relations, cooperation and understanding between the City management representatives and the local safety police employees covered mder this Memorandum; to prwide 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 employement of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recanmend for City Council approval and implementation. ARTICLE 1. IMPLEMENTATION This Memorandum consitutes a mutual recanmendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. changes in City ordinances, resolutions, rules, policies and procedures and those of the Police Department necessary to implement this Memorandum. It is agreed that the City will act in a timely manner to make the ARTICLE 2. RENEGOTIATION 2.1 2.2 The parties agree that negotiations for a successor memorandum of understanding shall begin by the exchange of written proposals by March 1, 1988. Meeting and conferring sessions shall begin by April IO, 1988 and shall continue until agreement is reached or until May 20, 1988, d-tichever occurs first. If a mediator will be used to assist the parties, then the mediator will be utilized by May 20, 1988. The parties agree that meeting and conferring shall conclude by 3une 15, 1988. If no qreement is reached by said date, then the City Council may act to resolve the impasse in accordance with the Employer-Employee Relations Ordinance (No. 1181 ) and corresponding Resolution (No. 3666). Unless the CPOA serves upon City full entire written proposals to mend, add to, delete or otherwise change any of the prwisions of this Memorandum prior to March 1, 1988, this Memorandum shall constitute CPOA's full proposal for a successor agreement. Unless the City serves upon CPOA full entire written proposals to amend, add to, delete or otherwise charge any of the prwisions of this memorandum prior to April IO, 1988, this Memorandum shall constitute City's full proposal for a successor agreement. Notwithstanding the abave, if federal or state governnents take action that has direct effect upon areas which fall within meet and confer, the City and the Association may submit proposals concerning these areas at later dates. c -2- '* 2.3 If neither party requests a reopening for the purpose of renegotiation, all conditions of this Memorandum renain in full force and effect for one year fran the date it would have terminated. ARTICLE 3. RETENTION OF BENEFITS Existing benefits contained in this Memorandum of Understarding shall not be changed during the term of this agrement without the mutual consent of the parties hereto. within the scope of representation shall not be changed by the City without advance notice and an opportunity to meet and confer regarding such change. parties recognize and accept the concept of past practices as to matters within the scope of representation and agree to meet and confer regarding a change in any such practices. Existing benefits not set forth in this Memorandum which fall The ARTICLE 4. ATHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorardum of U nde rs t and i ng : 4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: 92008; Telephone: (619) 438-5561) except &ere a particular representative is specifically designated in connection with the performance of a specific ftnction or obligation set forth herein. 1200 Elm Avenue, Carlsbad, California 4.2 CPOA's principal authorized agent shall be its President or duly authorized representative (Address: P.O. Box 1392, Carlsbad, California 92008; Telephone: (619) 438-5515). ARTICLE 5. RECOGNITION The City recognizes CPOA as the majority representation of the bargaining unit that includes the classifications of Police Officer, Senior Police Officer, Sergeant, Recruit, Communicator and Records and Communications Supervisor. ARTICLE 6. SAVINGS CLAUSE 6.1 If any articles of this Memorandum of Understarding sbuld be found invalid, unlawful or unenforced>le by reason of any existing or subsequent enacted legislation or by judicl authority, all other articles ad sections of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. 6.2 In the event of invalidation of any article or section, the City and the Association agree to meet within thirty (30) days for the purpose of renegotiating said article or sect ion. ARTICLE 7. NONDISCRIMINATION 7.1 As a result o this Memorandum of Understanding, no person shall in any way be favored or discriminated against, by either the City or the Association, to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age or sex or physical handicap. -3- I 7.2 Neither City nor Assciation shall interfere with, intimidate, restrain, coerce, or discriminate against employees cwered by this Memorandum of Understanding because of the exercise of rights to ergage or not ergage in Association activity or because of the exercise of any right prwided to the employees by this Memorandum of Understanding. ARTICLE 8. COMPENSATION ADJUSTMENTS f 8.1 The parties agree to recamend the City Council anend the existing City salary plan adopted by Resolution No. 5549 to prwide for salary increases in the mounts and effective on the dates sbwn below: 8.1.1 Three percent (3%) salary increase effective March 24, 1984. 8.2 for the purposs of deteminiry the salary increase effective September 1, 1986, the parties agree to conduct a survey of salaries in the cities of Chula Vista, Corondo, Escondido, El Cajon, La Mesa, San Diego, National City and Oceanside and the County of San Diego (Sheriff's Office), subject to the following conditions: 8.2.1 The survey will be conducted during the month of September, 1986. 8.2.2 The survey will be conducted jointly. 8.2.3 The survey will determine the top merit step salary in the abwe jurisdictions for the classifications of police officer. 8.2.4 If any of the abwe agencies has not concluded its negotiation process by September 1, 1986 and has not set salary rates for the ensuing fiscal year, then that agency shall be excluded fran the survey. 8.2.5 The City of Carlsbad shall not be included in the survey or in any of the averaging discussed below. 8.3 Once the above survey has been conducted, salary adjustments will be lnade based on the following prwisions: 8.3.1 The agency with the highest salary in the survey classification ard the agency with the lowest shall be elhinated. 8.3.2 The salary schedule of the classifications of Police Officer shall be adjusted such that the top salary step shall be equivalent to the average of the top merit steps of the corresponding classification in the survey conducted pursuant to the prwisions abwe. Following each adjustment of the top step other steps shall be adjusted so as to maintain the pre-existing separation between steps. 8.3.3 The classifications of recruit, senior police officer, sergeant and Canmmicator XI shall receive salary adjustments so as to maintain their prior separation in ranks between their classifications and that of police officer. -4- 8.3.4 The classifications of Cmmmicator I and the Records and Communicator Supervisor shall receive a salary adjustment so as to maintain the existitg separation in ranks between this classification and that of Cmmunicatnr 11. 8.3.5 In no event will any employee suffer a decrease in salary on account of applicathn of the survey fonnula set forth herein. 8.3.6 In the event that the salary adjustments for any classification are less than one percent (1%) of salary when the survey formula is applied herwnder, the City shall not be under any obligation to adjust salary for that classification. 8.4 The above described survey and adjustment process shall be utilized on September 1, 1987 to deternine salary increases +ich will be effective as of 3uly 1, 1987. 8.5 To correct an inequity that the parties acknowledge arose under a prior agreement, the parties agree to a special, one-time equity adjustment which will increase the spread between "E" step of the senior officer classification and "B" step of the sergeant classification to five percent (5%). ARTICLE 9. MANAGE.MENT'S RIGHTS u_ .- -- The rights of the City including but are not limited to the exclusive right to deternine mission of its constituent departments, canmissions, and boards; set standards of service; determine procedures ad standards of selection for employment and promotion; direct its employees, tdce disciplinary action; to relieve employees fran duty because of lack of work or other legitimate reasons; maintain the efficiency of governtient operations; deternine the methods, means, and personnel by which governnent operations are to be corductd; detenine the contents of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise canplete control ad discretion over its organization and technology of performing its work. In aericising these rights, the City shall canply with all applicable provisions of this Memorandum of Understanding. Nothing herein shall require the City to meet and confer over its exercise of rights hereunder. ARTICLE IO. GRIEVANCE PROCEDURE 10.1 Pur ose. & Carlsbad are: - -Y The purposes and objectives of the Grievance Procedure of the 10.1 .I To pranote imprwed employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 10.1.2 To assure fair and equitable treatment of all employees and promote harmonious relations anoq employees, supervisors ad ma nag eme nt . 10.1.3 To encourage the settlement of disagreements infonnally at the employee-supervisor level ad provide an oderly procedure to handle grievances throughout the several supervisory levels where necessary . -5- R 10.2 IO. 3 10.1.4 To provide that appeals shall be conducted as informally as possible. 10.1.5 To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. 10.1.6 This grievance procedure is applicable to all employee classifications represented by the CPOA in the Police Department of the City of Carlsbad. Definitions. definitions shall apply: For the purpose of this grievance procedure the following 10.2.1 10.2.2 10.2.3 10.2.4 10.2.5 10.2.6 10.2.7 10.2.8 10.2.9 City Manager: The City Manager. Assistant City Manager: An Assistant City Manager. Department: An office, department or institution of the City. Department Head or Hepd of a Department: officer of a department. The chief executive Personnel Officer: r epr esent at ive . The Personnel Officer or his authorized Employee or City Employee: except an 'elected official Any officer or employee of the City, Employee Representative: the employee. An individual Hho appears on behalf of - Grievance: arising out of an application or interpretation of existing rules, regulations, or policies which cane under the control of a Department Head. A complaint of an employee or a group of employees Immediate Supervisor: The individual Hho assigns, reviews, or directs the work of an employee. 10.2.10 Interested Party: An individual having pertinent and/or immediate knowledge of the circumstances out of which the grievance arose. 10.2.11 Supervi.sor: The individual to horn an immediate supervimr reports. Reviewable and Non-Reviewqble Grievances 10.3.1 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other aspects of employer-employee relations over hich the head of the department has control. -6- (b) Result fran an act or omission by manqement regarding working conditions or other aspects of employer-employee relations over d-tich the head of the department has control. (c) Arise out of a specific situation, act or acts considered as being unfair nhich result in inequity or damage to the employee. (d) Arise out of an interpretation and application of Personnel System Rules and Regulations. 10.3.2 A grievance is not reviewable under this procedure: (a) If it is a matter nhich would require a modification of a policy established by City Council or by law; (b) Is reviewable under some other administrative procedure and/or rules hereunder), such as: of the City of Carlsbad (See, e.g., Article 25 (1) Applications for changes in title, job classification or salary. (2) Appeals fran formal disciplinary proceeding. (3) Appeals fran work performance evaulations. 10.4 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 10.4.1 Procedure for Presentation: In presenting his grievance the employee shall follow the sequence and the procedure outlined in Section 5 of this procedure. 10.4.2 Prompt Presentation: The anployee shall discuss the grievance with an immediate supervisor promptly after (when grievant knew or sbuld have known) the act or omission of management caused the grievance. 10.4.3 Prescribed Form: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. 10.4.4 Statement of Grievance: The grievance shall contain a statement of: (a) The specific situation, act or acts considered to be unfair. (b) The inequity or damage suffered by the employee. (c) The relief sought. 10.4.5 Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless he so desires. -7- 10.4.6 Interested Parties: There shall be no limit placed upon the number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. 10.4.7 Handled During Working Hours: Wenever possible, grievances will be handled dking the regularly scheduled working hours of the parties involved. 10.4.8 Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties invovled. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 10.4.9 Consplidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. 10.4.10 Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not present the matter to a higher authority within the prescribed time. 10.4.11 Re risal: The grievance procedure is intended to assure a employee the right to present a grievance without fear of disciplinary action or reprisal by the supervisor, superintendent, or department head, provided the pravisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Personnel Department. 10.5 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 10.5.1 Discussion With Supervisor: The employee shall discuss his grievance with his immediate supervisor informally. (7) calendar days, the supervisor shall give a decision to the etn ploye e verbal ly . Within seven 10.5.2 Step 1: If the employee and supervisor cannot reach an agreement as to a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to his supervisor who shall endorse his comments thereon and present it to his supervisor within seven (7) calendar days. The supervisor shall hear the grievance and shall give a written decision to the employee within seven (7) calendar days after receiving the grievance. 10.5.3 ,!jtep 2: If the employee and supervisor cannot reach an agreement as to a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and -8- 10.5.4 10.5.5 shall give the written decision to the employee within seven (7) calendar days after receiving the grievance. Step 3: agreement as to a solution of the grievance, the employee within seven (7) calendar days may present his grievance in writing to the Personnel Board. presented to the Assistant City Manqler who may conduct a meeting with the grievant and/or CPOA representatives to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Personnel Board. If the employee and department head cannot reach an A copy of said grievance shall also be ,Step 4: If the matter is not otherwise resolved, the Personnel Baord shall, within thirty (30) calendar days after receipt of the appeal, hear the appeal and render an advisory opinion to the City Manager. The City Manager shall, within fourteen (14) calendar days advise the employee of the final action. ARTICLE 11. STAND-BY-TIME PAY Due to staff limitations, it may be necessary for Chief of Police to schedule employees to be on stand-by, to handle overtime work which may arise during other than normal working hours. Stand-By is defined as time in nhich an employee is required, by the Chief of Police or designee, to remain at his/her residence or be at a place here said employee can be reached by phone and be within thirty minutes response capability so that he/she may immediately respond to any calls received. An employee will be canpensated for stand-by time at the rate of Ten Dollars ($10.00) per 24 hours or fraction thereof. stand-by, called to perfon work, will be canpensated for all actual hours worked in accordance with overtime and call-back rules. Employees on ARTICLE 12. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall canmence upon formal approval of this document by the City Council of the City of Carlsbad and shall continue until 3une 30, 1988. The parties hereto agree with the concept of having the terms of future Memoranda of Understanding corresponding to City pay periods. ARTICLE 13. BASIC WORK WEEK/WORK DAY 13.1 The official work week shall begin on each Sunday at 11:Ol p.m. and shall end on Sunday of the following week at 11:OO p.m. otherwise provided, an employee Hho occupies a full-the permanent position shall work forty (40) hours in each week including meals and rest breaks. Except as may be 13.2 Employees working a five day 40 hours week (designated 5/81 shall work eight hours per day for five days in any work week and shall receive two consecutive days off within that work week. 13.3 In accordance with existing practice all full-time shift employees shall be given two (2) fifteen-minute rest periods and a one-half hour lunch break per shift without loss of pay. -9- ARTICLE- 14. COURT PAY 14.1 Off-duty personnel who appear in court pursuant to an official request from a legally consituted body regarding matters arising out or, or associated with, their employment shall be canpensated at the overtime pay rate, with the following minimum hour guarantees : Four (4) hours - Appearances in San Diego area courts Appearances in North County courts by personnel while regularly scheduled to work graveyard shift. Three (3) hours - Appearances in North County courts. 14.2 When personnel are required to appear in San Diego area courts, are held over during the noma1 lunch break for further appearance after lunch, they shall be entitled to credit for the lunch break as time worked. 14.3 When available, Carlsbad Police Department vehicles shall be used for employee transportation. If not available, employees shall be reimbursed for mileage and expenses as set out in Council Policy Statement of the City of Carlsbad titled "Travel Policy" with an effective date of 2/2/83, including any subsequent changes to this policy. ARTICLE 15. SICK LEAVE 15.1 Sick leave with pay shall be granted to all probationary and permanent employees within the merit system at the rate of one work day for each calendar month of service. Any such leave accrued but unused in any year shall be cumulative for succeeding years. 15.2 Sick leave shall not be considered as a privilege hich an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. Any abuse of sick leave is cause for disciplinary action by the appointing power. Employees eligible for sick leave shall be granted such leave hen they are incapacitated for performance of their duties by sickness, injury, or for medical, dental, or optical examination or treatment, or hen a member of the immediate family of the employee is afflicted with an illness and requires the care and attendance of the employee, or &en, through exposure to contagious disease, the presence of the employee at his post of duty would jeopardize the health of others. 15.3 The term "contagious disease" means disease or illness subject to quarantine or required islation or restriction of movement of the patient for a particular period in accordance with regulations prescribed by the local health autbrities having jurisdiction. If no definite time period is specified by the regulations, the period shall be determined by the attending physician. #en sick leave is granted under these circumstances, an explanatory medical certificate frm the physician is required. 15.4 An employee nho is absent on account of sickness must notify his supervisor as early as practicable on the first day of such absence, or as soon thereafter as possible. or optical examinations must be approved in advance by the supervisor. Requests for sick leave or medical, dental, Any grant of sick leave in excess of three (3) consecutive work days must be supported by a medical certificate. Wen the period of absence is for three (3) consecutive work days or less, the Personnel Office shall accept the employee's certification as to the reason for absence. Nothing herein shall preclude the City fran taking appropriate action in the event of abuse of sick leave. 15.5 Written applications for sick leave must be filed with the supervisor within the pay period in nhich the employee returns to duty. 15.6 Any eligible employee nho is absent fran work by reason of attendance upon members of the employee's or spouse's immediate family whose illness requires the care of such employee, or a death in the immediate family of the employee, or employee's spouse's family shall be allowed. family shall include husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, stepparent, or any person serving as a parent, or nho has served as a parent, grandmother, grandfather, or any other person living in the same household as the employee or the employee's spouse's immediate family. employee's or employee's spouse's immediate family, an employee shall be allowed up to a maximum of five (5) work days off, except the City may, under extreme circumstances, grant additional time off. Immediate In the case of death of an 15.7 An employee nho is required to take a physical examination in connection with induction or enlistment in the Armed Forces is not charged leave for the time necessary to complete the examination. Members of the military reserve nho are recalled to active duty are placed on pay status with the branch of the Armed Forces for the time required to take the physical examination and, therefore, must be charged leave or leave without pay for that purpose. Employees making a donation of blood without charge will be given reasonable time off for that purpose. against annual or sick leave hen such absence is approved in advance by the supervisor. Sick leave entitlement to medical and dental calls during working hours shall be authorized. For the purposes of canputing sick leave, employment shall be considered to have canmenced on the first day of the first full calendar month of employment. No charge will be made Holidays occurring during sick leave shall not be counted as sick leave. Sick leave shall not be taken as vacation time, nor canpensated for in cash at any time, except as defined in this article. 15.8 Notwithstarding 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 Hhich entitles the employee to benefits under $4850 of the Labor Code (hererinafter "4850 benefits"). The City Manqer may authorize the use of sick leave after 4850 benefits are exhausted for job-related illness or injury if he/she determines that: 15.8.1 The injury is not permanent and stationary. 15.8.2 The use of sick leave wfll not extend the effective date of the employee's retirement. 15.8.3 The anployee is physically unable to work and there is a reasonable probability he/she may return to work. - 11 - ? 15.9 Allowance for ,Occupational Sick Leav?. sustained in the -line of duty shall be granted as follows: Leave with pay for injuries 15.9.1 A non-sworn employee absent because of injury received in line of duty is charged either sick or annual leave if the period of incapacitation exceeds ninety (YO) calendar days and receives no credit for either annual or sick leave for the period of incapacitation that exceeds ninety (90) calendar days. The City will supply the difference between the allowance granted by the insurance and the amount the employee would ordinarily receive for the period of incapacitation not to exceed ninety (90) calendar days. Thereafter during such absence he/she may elect to apply prorated accrued sick or anrual leave to such absence and to receive canpensation therefor in the mount equal to the difference between the canpensation to which he is entitled under the Workers' Compensation Act and his regular pay, not to exceed the amount of his earned sick or anmal leave. In figuring the benefits paid by insurance, wage benefits alone shall be considred and medical and hospital benefits shall be excluded. 15.9.2 A local safety member shall be entitled to the benefits of Section 4850 of the Labor Code. Upon expiration of the one year contemplated by Section 4850, if the member has not been retired, the City Manqer shall determine the member's eligibility for using sick leave, vacation or other leave, as prwided by Section 15.8 hereof. local safety member shall not be entitled to such leave in lieu of or in addition to the. leave of absence with pay authorized by Section 4850, nor for any job related injury or other occurrence which entitles the employee to benefits under Section 4850. The City will supply the difference between the allowance granted by the insurance and the amount the employee would ordinarily receive for the period of incapacitation not to exceed one full cdendar year under Section 4850. Except as expressly approved mder this article, a 15.10 S.ick Leave Conversion. Any permanent employee who has accrued and maintains a minimum of one hundred sixty (160) hours of sick leave shall be permitted to convert up to fifteen (15) days of accumulated uncanpensated sick leave to vacation at a ratio of three (3) sick days per one (1) day of vacation, provided during the first week of each fiscal year. The sick leave conversion option will be 15.11 Any permanent employee applying for retirement with the Public Employers' Retirement System may convert accrued and mused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. ARTICLE 16. AS!jOCIATION RIGHTS 16.1 The city recognizes the right of the Association to govern its internal affairs. 16.2 The parties to this Memorandum of Understanding fully support the concept of the Public Safety Officers' Procedural Bill of Rights Act, Sections 3300, et seq., of the Goverrment Code, attached hereto as Exhibit A. 16.3 Upon the receipt of a written request and authorization from an employee for deduction of Association dues and other lawfully permitted deductions, the City shall withhold such dues and deductions from the salary of the employee and remit the withholdings to the Association, The City shall continue to withhold such deductions unless the employee files a statement with the City withdrawing authorization for the continued withholding of the deductions during the month of March of any year covered by the term of this Memorandum of Understanding. The effective date of withholding, time of remitting withholdings to the Association, and all procedural matters shall be determined in accordance with the Rules and Regulations of the City. 16.4 The Association shall provide and maintain with the City a current list of the nanes and all authorized representatives of the Association. An authorized representative shall not enter any work location without the consent of the Chief of Police or his designee or the City Manager or his designee. make arrangements for a contact location removed fran the work area of the employe e. The Chief of Police or his designee shall have the right to 16.5 The Association shall be allowed to designate employee representatives to assist employees in: 16.5.1 Preparing and processing grievances; 16.5.2 Preparing and presenting material for Disciplinary Appeals hearings; 16.5.3 Preparing and presenting matieral for any matter for Hhich representation is granted pursuant to the provisions of California Goverrment Code Sections 3300, et seq., known as the Public Safety Officers' Procedural Bill of Rights Act. 16.6 The Association may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time fran regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives nfro investigate, prepare, or present materials during off- duty time shall do so on their own time. employees who attend Personnel Board or City Council hearings during the off-duty time shall do so on their own time; pruviding, however, that employees "lo are ordered or subpoenaed to attend such hearings shall be canpensated in accordance with the overtime provisions of this Memorandum of Understanding. Employee representatives and 16.7 Designated employee representatives shall be allowed reasonable release time fran regularly scheduled duties to attend meetings relative to other matters of employer-employee relations. 16.8 Designated employee representatives requesting time off under this Article shall direct such request to hislher immediate supervisor in writing within a reasonable time prior to the date requested, in order to assure that the department meets its staff needs and to assure sufficient cuverage of departmental assignments. - - 13 - 16.9 The City will continue to furnish the bulletin board space in the Police Department for the exclusive use of the Association. Material placed on said bulletin boards shall be at the dixretion of the Association and shall be removed by manqement only in the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to an Association representative. The Association shall be responsible for maintaining bulletin boards exclusively used by the Association in an orderly cordition and shall promptly renove outdated materials. 16.10 Use of City Facilities 16. IO. 1 16.10.2 16. IO. 3 The Association may, with the prior approval of the City Manager, be granted the use of the City facilities for off-duty meetings of the Police Department employees provided space is available. All such requests will be in writing to the City Manager. The Association may, with the prior approval of the Chief of Police, be granted the use of police facilities for off-duty meetings of the Police Department employees, provided space is available. All such requests will be in writing to the Chief of Police. In the event the Chief of Police denies use of Police Department facilities, an appeal may be made to the City Manager. The use of City equipment other than items nonally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards, is stictly proh%ited, the presence of such equipment is approved City facilities notwithstanding. ARTICLE 17. OVERTIME PAY 17.1 17.2 An employee working a five 8 hour day (40 hour week) and required to work overtime shall be canpensated at an overtime pay rate of time and one-half for all hours worked in excess of forty (40) in any work week. employees shall have the option of taking canp the in lieu of overtime pay up to the existing maximum of eighty (80) hours of canp time on the books, after vhich the employees shall be required to accept pay for overtime . Said If an employee is required to work on the employee's regularly scheduled day off, and working this day would cause the employee to exceed the forty hour work week, he/she shall receive overtime pay or conp time, at the employee's option, subject to the canp time limitation described in Section 17.1. ARTICLE 18. CALL BACK PAY If an employee is required to return to his/her place of employment after he/she has completed a noma1 work day, he/she shall receive overtime pay for a minimum of two (2) hours at time and one-half (three C31 hours pay) or the actual number of hours worked, whichever is greater. taking canp time in lieu of call-back pay. Said employee shall have the option of - 14 - ARTICLE 19. !XNIOR&TY 19.1 The seniority of an employee shall be based upon the number of calendar months of continuous service in the Carlsbad Police Department. employee nho is dismissed for cause shall lose all seniority credited to him/her prior thereto, and subsequent reemployment of the employee shall not restore the seniority so lost. permanent status shall, after reinstatement, regain the seniority credit he/she possessed at the time of layoff if said employment is within twenty -four (24) months. An Any employee laid off after acquiring 19.2 Leaves of absence in excess of thirty (30) continuous days shall not be credited to continuous service. ARTICLE 20. LEGAL REPRESENTATION 20.1 20.2 20.3 Upon request of an employee ad subject to any limitations provided by law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the City in a court of canpetent jurisdiction, on account of any act or omission occurring within the course and scope of his employment as an employee of the City. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the City pursuant to the provision of the California Goverrment Code, or where the act or omission was not within the scope of the employee's employment, or the employee acted or failed to act because of actual fraud, corruption, or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employe e. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Goverrment Code. ARTICLE.21. 21.1 During the term of the agreement, the CFOA, its representatives, or PEACEFUk PEFORWNCE OF CITY SERVICE3 members shall not engage in, cause, instigate, encourge, or cordone a strike or work stoppage of any kind against the City of Carlsbad. 21.2 During the term of this Agreement, the City will not instigate a lockout over a dispute with the employee. 21.3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty, the willful absence fran one's position, the stoppage of work, or the abstainence in *ole or in part fran the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conlitions of compensation, or the rights, privileges or obligations of employment. ARTICLE 22. DISCIPLINE OF AN EMPLOYEE 22.1 The City may only discipline permanent employees for just cause. case of disciplinary action involving suspension, demotion, or dixharge, In the - 15 - the employee shall be given notice of the action to be taken, the evidence or materials upon nhich the action is based, and an opportunity to respond to the City Manager or designee either orally or in writing within seven (7) calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline. 22.2 All employees have the right to appeal their discipline according to the appeal procedure as set out hereafter. inform and remind the disciplined employee of this right. Written notice of dixipline shall 22.3 Once discipline has been imposed, the Chief of Police or his designee shall specify the period of time, fran one to four years, that said discipline will remain in the affected employee's personnel records. At the end of said designated period of time, the disciplinary action shall be removed from the employee's personnel file, Nothing herein shall prevent the evidence of such disciplinary action fran being maintained in any file other than the employee's personnel file. prevent the use in later proceedings of evidence of such prior disciplinary action hen there has been later discipline imposed for similar performance or misconduct or there has been cumulative activity conduct reflecting a pattern of similar perfomrance or misconduct. Nothing herein shall 22.4 Nothing herein shall be construed to require "cause'l or "just causevf for the rejection of a probationary employee prior to the expiration of the probationary period, A probationary employee rejected during the probationary period shall not be entitled to appeal such rejection to the Personnel Board, but shall be entitled to an administrative appeal mder Section 3304(b) of the Goverrment Code. Such administrative appeal shall consist of the procedure described in Section 22.1 hereof. 22.5 Right of Appeal. Any employee in the canpetitive service shall, within seven (7) calendar days, have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the personnel ordinance, except in instances here the right of appeal. is specifically prohibited by the personneol ordinance or this Article. 22.6 Method of App.ea1. Appeals shall be in writing, subscribed by the appellant, and filed with the Personnel Officer, Hho shall, within ten (IO) calendar days after receipt of the appeal, infon each member of the action desired by the appellant, with his reasons therefore. The formality of a legal pleading is not reqdrd. 22.7 Notice. Upon the filing of an appeal, the personnel officer shall set a dateor the hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days frant he date of filing. Personnel Officer shall notify all interested parties of the date, time ad place of the hearing at such places as the Personnel Board shall pr esc rib e. The 22.8 Hearinx. The appellant shall appear personally unless physically und,le to do so, before the Personnel Board at the time and place of the hearings. He may be represented by any person or atmrney as he may select and may at the hearing produce on his behalf relevant oral or documentary evidence. The City shall state its case first and, at the conclusion, appellant may then present evidence. Rebuttal matter not - 16 - 22.9 repetitive may be allowed in the discretion of the Personnel Board. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its chairman, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed cnless the appellant, in writing, requests an open hearing. Findings and Recommendations. The Personnel Board shall, within ten (10) calendar days after the conclusion of the hearing, certify its findings and decision in writing to the City Council and to the appellant. The City Council shall review the findings and recommendations of the Personnel Board and may then affirm, rwoke or modify the action taken as, in its judgment, seems warranted, and the action taken shall be final. Any member of the Personnel Board may submit a minority or supplemental finding and recanmendation. In case of suspension, discharge or demotion the appointing power shall reinstate any employee to his foner stabs if proof is made that the action was for discriminatory reasons. ARTICLE 23. PROBATIONARY PERIOD 23.1 23.2 For sworn personnel, the entry level probationary period shall be one year from the date the employee is sworn as an officer. personnel, the entry level probationary period shall be one year from the date of hire. the employee to becane acquainted and to detenine and the adaptability and the fitness of the employee of the assigned work. The employee will find this period helpful in evaluation of the City, his duties, his work and other satisfaction. For non-sworn The probationary period will permit both the supervisor and All personnel promoted within the department shall be on probation in the promotional position for a period of one year from the date of pranotion. AQTICLE 24. RETIREMENT BENEFITS 24.1 The City agrees to continue to pay the employer's contribution rate required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum of Understanding during the term of this Memorandum of Understanding. 24.2 The City will continue to pay on behalf of all sworn represented safety employees the nine percent (9%) the employee's retirement contribution to PERS. 24.3 The City will continue to pay on behalf of all represented miscellaneous employees the seven percent (7%) employee's retirement contribution to PER S. ARTICLE 25. HEALTH INSURNCE 25.1 During the term of this Memorandum, employees will pay for any increase in medical insurance premiums up to the following maximum monthly amounts: (a) $10 per employee for employee only coverage. - 17 - (b) $15 per employee for employee plus one (1) dependent. (c) $20 per employee for employee plus two (2) dependents. ARTICLE 26. The parties agree to review provisions of this Memorandum to assure canpliance with the Fair Labor Standards Act. In the event that the Fair Labor Standards Act as applied to any provision in this Memorandum requires the City to incur any greater liability or expenditure than existing prior to the application of the FLSA, then the parties agree to meet and confer over said additional o bliga tion. FAIR LABOR STANDARD ACT (FLSA) ARTICLE 27. WIFORM REIMBURSE-ENT 27.1 For fiscal year 1986-87, reimbursement to represented employees for the cost of purchasing and maintenance required, uniforms shall be $375 per year. The method and date of the payment shall continue unchanged. 27.2 For fiscal year 1987-88, said refmbursement shall be increased to $425 per year. 27.3 It is expressly understood and agreed that payments hereunder constitute reimbursement for expenses actually incurred by represented employees wearing and maintaining the uniforms they are requested to wear and/or maintain. ARTICLE 28. EDUCATION INCENTIVE 28.1 Educational Incentive Compensatio~n: As of 3uly 1, 1977, the below described Educational Incentive Program shall be effective. 28.1.1 Step 1: Applicable to all employees represented by the Carlsbad Police Officers' Association. (a) Re uirements: Present proof to the Training Officer, dice Department of successful canpletion of the presecribed course of study for and award of a Certificate of Competency in Police Science by a State of California Commmity College and canpletion of two consecutive years of service as a member of the Police Department of the City of Carlsbad. The two years of service must have been canpleted immediately prior to the time the application for Educational Incentive Compensation is submitted. Represented employees who have completed requirements they believe to be equivalent to those required for the award of a Certificate of Competency in Police Science but nho have not been awarded such certificate and who would otherwise be eligible for Step 1, Education Incentive Compensation, may petition for recognition of equivalency to the Chief of Police. receipt of such a request, the Chief of Police will request the City Manaer to convene a canmittee consisting of a representative of the City Manager, CFOA and the Chief of Police to review and evaluate the petition. If approved, the applicant will be authorized Step 1, Educational Incentive Upon - 18 - (b) Compensation, in the same manner as other eligible employees. If petition is not approved the applicant will be provided a written statement indicating what additional requirements must be met for eligibility for Step 1, Educational Incentive Compensation. Compensation: requirement shall be canpensated at the rate of twenty-five Satisfactory fulfillment of the above dollars ($25) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year. 28.1.2 Step 2: Applicable to all Peace Officers represented. Requirements: Carlsbad Police Department of the award of an Intermediate Certificate issued by the State of California Canmission on Peace Offices Standard and Training and Eligibility for Step 1. Present evidence to the Training Officer , Com ensation: zzk--- rement shall be compensated at the rate of forty-five Satisfactory fulfillment of the abwe dollars ($45) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year. Such canpensation to be in lieu of any previous Educatioal Incentive canpensation payments which had been received 28.1.3 Step 3: Applicable only to non-sworn peresonnel represented. (a) Requirements: Present evidence to the Training Officer, Carlsbad Police Department, of having- met the State of California Canmission and Peace Officers Standards and Training requirements for an Intennediate Certificate as deetermined and agreed to by representatives of the City Manager and the Carlsbad Police Officers Association president. It is understood no certificate can be awarded to non-sworn personnel. (b) Compensation: Satisfactory fulfillment of the above requirement shall be canpensated at the rate of forty-five dollars ($45) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year. any previous Educational Incentive Compensation payments which had been received. Such canpensation to be in lieu of 28.1.4 Step 3: Applicable to Peace Officers represented. (a) Re uirements: Present evidence to the Training Officer, *ice Department, of the award of an Advanced Certificate issued by the State of California Commission on Peace Officers Standards and Training and eligibility for Steps 1 and 2. (b) Compensation: Satisfactory fulfillment of the abwe requirement shall be compensated at the rate of sixty-five doilars ($65) paid bi-weekly for twenty-six bi-weekly pay 28.1.5 28.1.6 28.1.7 28.1.8 periods per fiscal year. any pr wious Educational Incentive Compensation payments which had been received, Such cunpensation to be in lieu of Step 3: Applicable only to non-sworn personnel represented. (a) Requirements: Present evidence to the Training Officer, Carlsbad Police Department, of having met the State of California Commission and Peace Officers Standards and Training Requirements for an advanced Certificate as determined and agreed to be representatives of the City Manager and the Carlsbad Police Officers Association President. It is understood no certificate can be awarded to non-sworn personnel (b) Compensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty-five dollars ($65) paid bi-weekly for twenty-six bi-weekly pay periods per fiscal year. any previous Educational Incentive Compensation payments which had been received. Such canpensation to be in lieu of Program Review: Parties fwther agree to recanmend that the abwe progran be reviewed jointly by the City and Carlsbad Police Officers Association semi-annually during 3anuary and 3uly of each succeeding year to evaluate the effectiveness and currency of the progrim. Procedure: receipt of proof of eligibility for Educational Incentive Compensation, shall certify eligibility to the Chief of Police. The Chief of Police upon approving such eligibility, shall forward his approval to the City Manager for authority to cunmence the a ppr opr i a te can pensa t io n . Educa t io nal Incent ive Com pe nsa t io n shall cunmence at the beginning of the next pay period following receipt of authorization by the City Manqer of the approval by the Chief of Police. The Training Officer, Carlsbad Police Department, upon It is understood that an eligible represented employee shall receive said incentive pay from the date of certification, notwithstanding any delay in notification that the employee has been certified. ARTICLE 29. FIELD TRAINING OFFICER For any pay period in vhich a represented employee is assigned and acts as a field training officer, and actually performs field training officer activities, said employee shall be entitled to receive $25 additional salary for that pay period. ARTICLE.30. EHICLES FOR INVESTIGATORS Each represented employee vho is working in the assignment of detective, shall be assigned a designated vehicle and shall be entitled to use that vehicle each on duty shift; provided, however, such assignment of a designated vehicle is expressly coditioned on the availability of vehicles and does not extend to any .- - 20 - detectives assigned in addition to the number assigned as of the date of this Memorandum. ARTICLE 31. LONG TERM DISABILITY INSURANCE During the tern of this Memorandum, City agrees to continue to provide low term disability insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other respects, said insurance shall continue unchanged. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorardum of Understanding to be effective as s ta ted herein . CITY OF CARLSBAD (CITY) CARLSBAD POLICE OFFICERS ASSOCIATION ( CPOA / icy uanager rresiaent e APPROVED AS TO FORM . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 RESOLUTION NO. 8520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING SALARY PLAN FOR EMPLOYEES REPRESENTED BY THE CARLSBAD POLICE OFFICERS' ASSOCIATION, FOR THE 1986-87 AND 1987-88 FISCAL YEAR. WHEREAS, the council did on April 22,1986, by Resolution No. 8519 approve the Memorandum of Understanding between Management and representatives of the Carlsbad Police Officers' Association, which called for certain salary adjustments ; and WHEREAS, it is now appropriate in accordance with said resolution for the City Council to implement said adjustments by amending the salary plan adopted by Resolution No. 8520. 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 Schedules for Police Safety Personnel for Fiscal Year 1986-87 and 1987-88 as set out in Exhibit A, attached hereto and made a part hereof, are hereby adopted as the plans of the City of Carlsbad for all employees covered by said schedules for Fiscal Year 1986-87 and 1987-88. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of April, 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: %L/*aAa& MARY H. LER, Mayor ALETHA L. RAUTENKRANZ 11 lo/ 20 ................... 6 14 707 743 78 u 819 12 ....... ? I1 7 743 ai9 86 IJ 113 114 11 5 I 16 11 7 PS22 ................. 6 ‘9 2 72 7 801 841 RANGE 22 - CUMM. OPERWTUH II 126 RANGE 38 - SENIUK OFFILkH RGiNCE 42 - POLICE SERCECrNT End of SCHUPO c RICHARD S. WHITMORE WILLIAM F. KAY M. CAROL STEVENS RALPH D. STERN JANICE E. JOHNSON LINDA A. TRIPOLI KATHY ANDREOLA RICHARD C. BOLANOS BRAD L. FULLER NANCY J. BALLES JANAE H. NOVOTNY MONNA R. RADULOVICH ROBERT B. EWING WHITMORE, KAY & STEVENS ATTORNEYS AT LAW 145 CALIFORNIA AVENUE SUITE 204 PAL0 ALTO, CALIFORNIA 94306 April 15, 1986 TELEPHONE: (41 5) 327-2672 (7 1 4) 634- 1 382 REFER TO OUR FILE NUMBER: Mr. Jerry Piete Director of Personnel City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Piete: Enclosed please find a copy of the side letter to the Carlsbad Police Officers' Association Memorandum of Understanding, which Dick Whitmore has signed. original to Bob Krause. questions regarding this matter. We have forwarded the signed Please do not hesitate to contact our office if you have any Yours very truly, WHITMORE, KAY & STEVENS SH: sp Enclosure 1200 ELM AVENUE CARLSBAD, CA 920081989 4Citp of 4CarIs'bsb PERSONNEL DEPARTMENT March 28, 1986 Bob Krause 268 N. Lincoln, Suite 6 Corona, CA 91720 SIDE LETTER As part of our discussions that led to a Memorandum of Undersanding between the City of Carlsbad and the Carlsbad Police Officers' Association for the period of 1986 to 1988, we discussed a prospective approach to police vehicles. We . decided as part of a side letter understanding that there would be an updating of the "Personalized Take Home Patrol Vehicle Study" dated March 3, 19&. That updating would be overseen by the services commander and would be completed by February 15,1988. It would be presented to the City Council by March 15, 1988. There would be no obligation to implement the study. On a separate issue, there is a question about how to implement the salary adjustments set forth in the 1986 - 1988 Memorandum of Understanding to the extent that any such adjustments are retroactive. It is understood that any employee in the bargaining unit who leaves the City during the period of retroactivity shall not be entitled to any part of the salary increase. new employee is hired during the period of retroactivity, then such employee shall receive a prorated portion of such increase to reflect the actual period of employment for such employee. If a Since these are matters we have already discussed, we will assume that you have no objection unless we hear back fran you. Attorney at Law RSW:3P:ds