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HomeMy WebLinkAbout1990-08-07; City Council; 10743; MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD POLICE OFFICERS' ASSOCIATION.. 7 1 . h.? P w si E 2 .. z 0 0 F a =i 0 z 3 0 0 P -- Cly OF CARLSBAD - AGENql) BILL - D MEMORANDUM OF UNDERSTANDING WITH THE qAB#/a,= TITLE: MTG. 8-7-90 CARLSBAD POLICE OFFICERS’ ASSOCIATION C DEPT. HR C RECOMMENDED ACTION: Adopt Resolution No. ,% -2LA’approving a Memorandum of Understanding v the Carlsbad Police Officers’ Association. ITEM EXPLANATION: Representatives of the Carlsbad Police Officers’ Association (CPOA) and the have reached a new agreement regarding salary and other terms and condit concluding on June 22, 1992. The Memorandum of Understanding specifies that all represented employee! receive a five percent (5%) general wage increase and a three and one qual percent (3 1/4%) special equity adjustment effective June 25, 1990. The second year of the agreement specifies that a salary survey will be con( and that the salary increase for the Carlsbad Police Officers’ Association wil determined by establishing Carlsbad’s benchmark position of Police Officer i three and one-half percent (3 1/2%) above the county average. FISCAL IMPACX: The cost of salary and salary related benefits for the first year of the agreen Fund Contingency Account. The balance of the account will be $ 1 3 3 12 3 8 7 EXHIBITS: 1. Memorandum of Understanding 2. Police Salary Schedule of employment for the two year period beginning on June 25,1990, and equals $333,127. This cost is to be supported by a transfer from the Gener 3, /fk3. 5%-G?L5 EXHIBI -- 1- 0 0 't" 1 "* - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSEAD AND THE CARLSBAD POLICE OFFICERS ASSOCIATION Term: June 25, 1990 - June 22, 1992 - Preamble Page Article 1 Implementation Page Article 2 Terms and Renegotiation Page Article 3 Retention of Benefits Page Article 4 Authorized AOents Page Article 5 Recognition Page Article 6 Savings Clause Page Article 7 Nondiscrimination Page Article 8 Com pensat ion Adjustments Page Article 9 Management Rights Page Article 10 Grievance Procedure Page Article 11 Stand-by Time Pay Page Article 12 Bilingual Pay Page Article 13 Basic Work Week/Work Day Page Article 14 Court Pay Page Article 15 Sick Leave Page Article 16 Association Rights Page Article 17 Overtime Pay Page Article 18 Call Back Pay Page Article 19 Seniority Page Article 20 Legal Representation Page Article 22 Discipline of an Employee Page Article 23 Probationary Period Page Article 24 Retirement Benefits Page Article 25 Health Insurance Page Article 26 U nlform Reimbu rsemen t Page Article 27 Education Incentive Page Article 20 Field Training Officer Page Article 29 Vehicles for Investigations Page Article 30 Long Term Disability Page Article 31 Pregnancy Disability Leave Page Article 32 Disability Retirement Page Article 33 Vacation Page Article 34 Holidays Page Article 21 Peaceful Performance of City Service Page @ EXHIBIT A *'_ 0 . \I-? -* - MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into as of the date of formal app hereof by the City Council of the City of Carlsbad, by and between designated managemen representatives of the City of Carlsbad (hereinafter referred to as the "City") and the de representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "C POA"). PREAMBLE It is the purpose of the 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 c resolving any misunderstandings or differences which may arise under this Memorandui to set forth the agreement of the parties reached as a result of good faith negotiations re! wages, hours and other terms and conditions of employment of the employees covered ur Memorandum, which agreement the parties intend jointly to submit and recommend for Council approval and implementation. ARTlCLE-lMPLEME" This Memorandum constitutes a mutual recommendation to be jointly submitted to the C Council following ratification of the Memorandum by the membership of CPOA. It is agrc the City will act in a timely manner to make the changes in City ordinances, resolutions policies and procedures and those of the Police Department necessary to implement this Memorandum. ARTlCLE. TFRM AND RENEGO TIATION 2.1 The term of this Memorandum of Understanding shall commence on June 2: and shall continue until June 22, 1992. Negotiations for a successor Memorandum of Understanding shall begin by tl exchange of written proposals on or before March 1, 1992. 2.2 ARTICLES. PETFNT ION OF BENFFITS Existing benefits contained in this Memorandum of Understanding shall not be changed c the term of this agreement without the mutual consent of the parties hereto. Existing b not set forth in this Memorandum which fall within the scope of representation shall noi changed by the City without advance notice and an opportunity to meet and confer regard change. The parties recognize and accept the concept of past practices as to matters wit1 scope of representation and agree to meet and confer regarding a proposed change in any practices. The City shall not propose any such changes unless required to do so for ope1 or organizational reasons. -L 0 0 -1 IC ..* AEuGlE4.- For the purpose sf administering the terms and provisions of this Memorandum of Understanding: 4.1 City's principal authorized agent shall be the City Manager or a duly authori representative (Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (61 9) 434-2821) except where a particular representative is specifically designated in connection with the performance of a specific func Obligation set forth herein. CPOAs principal authorized agent shall be its President or duly authorized representative (Address: P.O. Box 1392, Carlsbad, California 92008; Tele (619) 931-2144) and Law Offices off Silver, Goldwasser & Shaeffer, (142 Second Street Santa Monica, California 90401 ; Telephone (21 3) 393-1 48 4.2 ARTlCLE. RFCcmJlT ION The City recognizes CPOA as the majority representation of the bargaining unit that inch classifications of Police Recruit, Police Officer, Senior Police Officer, Police Sergeant, Communications Operator I, Communications Operator II, Communications Shift Supervi Communications and Records Supervisor. L3EaaEA.- 6.1 If any articles of this Memorandum of Understanding should be found invalid unlawful or unenforceable by reason of existing or subsequent enacted legis1 by judicial authority, all other articles and 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 extinguished benefit be replaced by a substitute benefit of comparable value. The City and the Ass shall meet within thirty (30) days following the invalidation for the purpose determining the specific nature and form of the replacement benefit. ARTlCLE. NJONDl-WRIM NATION CIAUSE 7.1 As a result of this Memorandum of Understanding, no person shall in any way favored or discriminated against, by either the City or the Association, to the prohibited by law because of political or religious opinions or affiliations, o because of racial or national origin, or because of age or sex or physical hanc -. 0 0 -t I .* 7.2 Neither City nor Association shall interfere with, intimidate, restrain, coerc discriminate against employees covered by this Memorandum of Understandir because of exercise of rights to engage or not engage in Association activity o because of the exercise of any right provided to the employees by this Mernor of Understanding. ARTlCLE. COMPFNSATlON AMJSTMFNTS 8.1 Effective June 25, 1990, the base salary of each employee in each classifica represented by the CPOA shall be increased by a general wage increase of fivc percent (5%) and a special equity adjustment of three and one quarter percc 1/4%) to be applied simultaneously. For the purpose of determining the salary increase effective June 24, 1991 parties shall conduct a survey of salaries in the cities of Chula Vista, Coronal Escondido, El Cajon, La Mesa, National City, Oceanside, San Diego and the Coi San Diego (Sheriffs Office), subject to the following conditions:, 8.2.1 8.2 The survey will be conducted during the month of September, and shall be completed on or before September 30. 1991. The survey will be conducted jointly. The survey will determine the top merit step salary in the abo\ jurisdictions for the classifications of police officer, except th the City of Oceanside, the parties shall utilize the top merit sal for the position of Senior Police Officer in a manner consisteni the approach taken in ascertaining salary increases for employ1 respresented by CPOA effective July 1, 1989. If any of the above agencies has not concluded its negotiation prc September 1, 1991, and has not set salary rates for the ensuir year, then that agency shall be excluded from the survey. The City of Carlsbad shall not be included in the survey or in ar averaging discussed below, 8.2.2 8.2.3 8.2.4 8.2.5 8.3 Once the above survey has been conducted, salary adjustments will be made b the following provisions: 8.3.1 The salary schedule of the classification of Police Officer shall adjusted so that the top salary step shall be an amount equal to and one half percent (3.5%) above the average of the top mer of the corresponding classification in the survey conducted pur section 8.2. Following that adjustment all other steps for the classification of Police Officer and all other classifications covi this Memorandum of Understanding shall be adjusted in a like so as to maintain the prior percentage differential between the1 the top salary step of the classification of Police Officer. Cons *. e 0 * t. r as a result of these adjustments, each employee represented by ( shall leceive an identical percentage increase to that received t employees occupying the top salary step in the classification of Officer. In no event shall any employee suffer a decrease in salary on ac application of the survey formula set forth herein. In the event that the salary adjustments are less than one percc (1%) of salary when the survey formula is applied hereunder, City shall not be under any obligation to adjust salary. 8.3.2 8.3.3 8.4 The above described survey and adjustment process shall be utilized based uy salaries in effect on September 1, 1991, with adjustments to be effective retroactive to June 24, 1991. This process shall be completed on or before September 30, 1991. and any retroactive payments shall be made on or befc date. 8.5 Employees shall be paid at the Police facility in the customary bi-weekly sct Paychecks may not be withheld except for just cause. L3€xKus. MANAGFMEM-S R IGHTS The rights of the City including but not limited to the exclusive right to determine missii constituent departments, commissions, and boards; set standards of service; determine procedures and standards of selection for employment and promotion; direct its employel disciplinary action; to relieve employees from duty because of lack of work or other leg reasons; to transfer employees among various department activities and organizations; maintain the efficiency of government operations; determine the methods, means, and PE by which government operations are to be conducted; determine the contents of job classifications; take all necessary actions to carry out its mission in emergencies; and e complete control and discretion over its organization and technology of performing its w exercising these rights, the City shall comply with all applicable provisions of this Memorandum of Understanding. Nothing herein shall require the City to meet and confei its exercise of rights hereunder. ARTlCl F 1Q. --RE 10.1 -. The purpose and objectives of the Grievance Procedure of the City Carlsbad are: 10.1.1 To promote improved employer-employee relations by establis grievance procedures on matters for which appeal or hearing is provided by other regulations. To assure fair and equitable treatment of all employees and pro1 harmonious relations among employees, supervisors and manac 10.1.2 -. 0 a \-t .. 10.1 -3 To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure tc grievances throughout the several supervisory levels wheie necessary. To provide that appeals shall be conducted as informally as PO: To resolve grievances as quickly as possible and correct, if po the cause of grievances, thereby reducing the number of grieva future similar complaints. This grievance procedure is applicable to all employee classifi represented by the CPOA in the Police Department of the City c Carlsbad. initlong. For the purpose of this grievance procedure the following defir shall apply: 10.2.1 10.2.2 10.2.3 10.2.4 10.2.5 10.1.4 10.1.5 10.1.6 . I. 10.2 City Man=: The City Manager. Assistant Citv Man= : An Assistant City Manager. Depa rtment : An office, department or institution of the City. Department Head or Head 0 f a Depart ment: The chief executivt of a department. Personnel Officer: The Personnel Officer or his authorized representative. 10.2.6 ovee or Citv Emplova: Any officer or employee of the Ci except an elected official. 10.2.7 lovee Represen-: An individual who appears on behali employee. Grievance: A complaint of an employee or a group of employeel out of an application or interpretation of existing rules, regula policies which come under the control of a Department Head. the work of an employee. md Party: An individual having pertinent and/or immec 10.2.8 102.9 lmrnew Supervisoc: The individual who assigns, reviews 01 1 0.2.1 0 knowledge of the circumstances out of which the grievance aros 10.2.1 1 miso[: The individual to whom an immediate supervisor -1 *. e e t.t 10.3 Reviewabk and Non-Reviewable 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 regardin working conditions or other aspects of employer-emplo relations over which the head of the department has COI Arise out of a specific situation, act or acts considered a unfair which result in inequity or damage to the employ Arise out of an interpretation and application of Person System Rules and Regulations. (c) (d) 10.3.2 A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a established by City Council or by law; Is reviewable under some other administrative procedL andlor rules of the City of Carlsbad (See, e.g., Article : hereunder), such as: ( 1 ) ( b ) Applications for changes in title, job classificat salary. Appeals from formal disciplinary proceeding. Appeals from work performance evaluations. ( 2 ) ( 3 ) 10.4 tal Grievance Procedure Provisions: The following special provisions i the grievance procedure. 10.4.1 Procedure for Presentatim: In presenting his grievance the el shall follow the sequence and the procedure outlined in Section procedure. 10.4.2 Prompt Presentation: The employee shall discuss the grievanc should have known) the act or omission of management caused grievance. an immediate supervisor promptly after (when grievant knew 10.4.3 Prescribed Form: The written grievance shall be submitted or prescribed by the Personnel Officer for this purpose. e.. 0 e t.Y 10.4.4 nt of Grievance: The grievance shall contain a statemen' The specific situation, act or acts considered to be unfai The inequity or damage suffered by the employee. (a) (b) (c) The relief sought. EmDlovee ReD . resentatbe: The employee may choose someone a: representative at any step in the procedure. No person hearing grievance need recognize more than one representative for any time, unless he so desires. JnterGted Parties: There shall be no limit placed upon the nun interested parties which may provide information during the h of a grievance at any step of the grievance procedure. 10.4.5 10.4.6 10.4.7 Handled Du rina Working Hours: Whenever possible, grievancc be handled during the regularly scheduled working hours of the involved - m : The time limits within which action must bc or a decision made as specified in this procedure may be extend( mutual written consent of the parties involved. A statement of 1 duration of such extension of time must be signed by both partic involved at the step to be extended. Consolidation o f Grievances : If the grievance involves a group ( employees or if a number of employees file separate grievances same matter, the grievances shall be handled as a single grievar SettlerneN: Any grievance shall be considered settled at the co of any step if the grievant is satisfied or if the grievant does no present the matter to a higher authority within the prescribed m: The grievance procedure is intended to assure a griek employee the right to present a grievance without fear of disci action or reprisal by the supervisor, superintendent, or depar head, provided the provisions of the grievance procedure are ob Copies of grievance forms will not be placed in employee persoi records but will be maintained in separate files in the Personni Department. Grievance P rocedu re Steps : The following procedure shall be fc by an employee submitting a grievance for consideration and ac 10.4.8 .. 10.4.9 10.4.1 0 10.4.1 1 10.5 e.. 0 0 .* 1' 10.5.1 mussion with SuDerv isor: The employee shall discuss his gri with his immediate supervisor informally. Within seven (7) c days, the supervisor shall give a decision to the employee verb Step 1 : If the employee and supervisor cannot reach an agreemc a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to his superviso shall endorse his comments thereon and present it to his super within seven (7) calendar days. The supervisor shall hear the grievance and shall give a written decision to the employee wit1 seven (7) calendar days after receiving the grievance. S&2: If the employee and supervisor cannot reach an agreem a solution of the grievance, the employee may within seven (7) calendar days present the grievance in writing to the departmen The department head shall hear the grievance and shall give th decision to the employee within seven (7) calendar days after receiving the grievance. -3: If the employee and department head cannot reach an a< as to the solution of the grievance, the employee within seven calendar days may present his grievance in writing to the Pers Board. A copy of said grievance shall also be presented to the A City Manager who may conduct a meeting with the grievant anc CPOA representatives to identify and clarify disputed issues am attempt to resolve the grievance prior to presentation of the gr to the Personnel Board. Steo 4: If the matter is not otherwise resolved, the Personnel shall, within thirty (30) calendar days after receipt of the apl hear the appeal and render an advisory opinion to the City Mani The City Manager shall, within fourteen (14) calendar days ad employee of the final action. 10.5.2 10.5.3 10.5.4 10.5.5 ARTlCLE. STAND-BY TlMF PAY Due to staff limitations, it may be necessary for the Chief of Police to schedule employee on stand-by, to handle overtime work which may arise during other than normal workii hours. Stand-by is defined as time in which an employee is required, by the Chief of PC designee, to remain at hidher residence or be at a place where said employee can be rea phone and be within thirty minutes response capability so that he/she may immediately to any calls received. An employee will be compensated for stand-by time at the rate of Dollars ($20.00) per 24 hours or fraction thereof. Employees on stand-by, called to work, will be compensated for all actual hours worked in accordance with overtime anc back rules. -. -. 0 0 ,'9 AElmxA2.- Any employee annually certified, as the Chief of Police may direct, as a qualified transl; interpreter of the Spanish language shall receive forty dollars ($40) per pay period. ARTlCLE. RASlC WORK WEEWOR K DAY 13,l The official work week shall begin on each Sunday at 11 :01 pm and shall en( Sunday of the following week at 11 :00 p.m. Except as may be otherwise prov employee who occupies a full-time permanent position shall work forty (4C in each week including meals and rest breaks. Employees working a five day 40 hour week (designated 38) shall work eic hours per day for five days in any work week and shall receive two consecutii off within that work week. In accordance with existing practice all full-time shift employees shall be gi (2) fifteen-minute rest periods and a one-half hour lunch break per shift v loss of pay. 13.2 13.3 w *ciamBIY 14.1 Off-duty personnel who appear in court pursuant to an official request from legally constituted body regarding matters arising out of, or associated with employment shall be compensated at the overtime pay rate, with the followin 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. These minimum hour guarantees shall not apply if the court appearance is contiguous with the commencement or end of the employee's regularly schedt work shift. In that situation, the employee shall receive applicable overtimt compensation for all time actually spent in court beyond the regularly sched work shift. 14.2 14.3 When personnel are required to appear in San Diego area courts, are held ob entitled to credit for the lunch break as time worked. When available, Carlsbad Police Department vehicles shall be used for emplc transportation. If not available, employees shall be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled Policy" with an effective date of 2/2/83, including any subsequent changes po I icy. during the normal lunch break for further appearance after lunch, they shal 14.4 _I 0 0 * 9 f?anxai.- 15.1 Sick leave with pay shall be granted to all probationary and permanent emplc within the merit system at the rate of one work day for each calendar month service. Any such leave accrued but unused in any year shall be cumulative succeeding years. Sick leave shall be considered as a privilege which an employee may use at t discretion, but shall be allowed only in case of necessity and actual sickness power. Employees eligible for sick leave shall be granted such leave when tl incapacitate for performance of their duties by sickness, injury or for med dental or optical examination or treatment, or when a member of the immed family of the employee is afflicted with an illness and requires the care and attendance of the employee, or when, through exposure to contagious disease presence of the employee at his post of duty would jeopardize the health of a The term "contagious disease" means disease or illness subject to quarantint in accordance with regulations prescribed by the local health authorities ha jurisdiction. If no definite time period is specified by the regulations, the F shall be determined by the attending physician. When sick leave is granted these circumstances, an explanatory medical certificate from the physician required. An employee who is absent on account of sickness must notify his supervisal early as practicable on the first day of such absence, or as soon thereafter a possible. Requests for sick leave or medical, dental or optical examinations approved in advance by the supervisor. Any grant of sick leave in excess of (3) consecutive work days must be supported by a medical certificate. Whc period of absence is for three (3) consecutive work days or less, the Perso Officer shall accept the employee's certification as to the reason for absence Nothing herein shall preclude the CiPy from taking appropriate action in the abuse of sick leave. 15.2 disability. Any abuse of sick leave is cause for disciplinary action by the af 15.3 required isolation or restriction of movement of the patient for a particular 15.4 15.5 Written applications for sick leave must be filed with the supervisor withir period in which the employee returns to duty. 2,. 9 0 e )'I . 15.6 Any eligible employee who is absent from work by reason of attendance upon members of the employee's or spouse's immediate family whose illness requi care of such employee, or a death in the immediate family of the employee, 01 employee's spouse's family shall be allowed to use sick leave. Immediate fan shall include husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, stepparent, or any person serving as a parent, or who ha served as a parent, grandmother, grandfather, or any other person living in case of death of an employee's or employee's spouse's immediate family, an er shall be allowed up to a maximum of five (5) working days off, except the Ci under extreme circumstances, grant additional time off, which shall be consi as sick leave. same household as the employee or the employee's spouse's immediate family 15.7 An employee who is required to take a physical examination in connection wii induction or enlistment in the Armed Forces is not charged leave for the time necessary to complete the examination. Members of the military reserve whl recalled to active duty are placed on pay status with the branch of the Armed for the time required to take the physical examination and, therefore, must b charged leave or leave without pay for that purpose. Employees making a dor blood without charge will be given reasonable time off for that purpose. No c will be made against annual or sick leave when such absence is approved in ac by the supervisor. Sick leave entitlement to medical and dental calls during hours shall be authorized. For the purposes of computing sick leave, employ shall be considered to have commenced on the first day of the first full calenc month of employment. Holidays occurring during sick leave shall not be counted as sick leave. Sick as defined in this article. Notwithstanding anything in this section to the contrary, local safety employc not entitled to sick leave for any job related illness, injury or other occurrer which entitles the employee to benefits under Section 4850 of the Labor Code (hereinafter "4850 benefits"). The City Manager may authorize the use .of 6 leave after 4850 benefits are exhausted for job-related illness or injury if determines that: 15.8.1 15.8.2 shall not be taken as vacation time, nor compensated for in cash at any time, 15.8 The injury is not permanent and stationary. The use of sick leave will not extend the effective date of the em retirement. The employee is physically unable to work and there is a reasor probability he/she may return to work. 15.8.3 2.. 0 e 1 15.9 Allowance for Occupational Sick Leave. Leave with pay for injuries sustaine line of duty shall be granted as follows: 15.9.1 A non-sworn employee absent because of injury received in thc duty is charged either sick or annual leave if the period of incapacitation exceeds ninety (90) calendar days and receives credit for either annual or sick leave for the period ot incapac that exceeds ninety (90) calendar days. The City will supply t difference between the allowance granted by the insurance and amount the employee would ordinarily receive for the period a incapacitation not to exceed ninety (90) calendar days. There, during such absence he/she may elect to apply prorated accruec annual leave to such absence and to receive compensation then the amount equal to the difference between the compensation to he is entitled under the Workers' Compensation Act and his re! pay, not to exceed the amount of his earned sick or annual leavc figuring the benefits paid by insurance, wage benefits alone sh considered and medical and ,hospital benefits shall be excluded. A local safety member shall be entitled to the benefits of Sectif of the Labor Code. Upon expiration of the one year contemplate Section 4850, if the member has not been retired, the City Mz shall determine the member's eligibility for using sick leave, expressly approved under this article, a local safety member I be entitled to such leave in lieu of or in addition to the leave of with pay authorized by Section 4850, nor for any job relatec or other occurrence which entitles the employee to benefits ur Section 4850. The City will supply the difference between thc allowance granted by the insurance and the amount the employc ordinarily receive for the period of incapacitation not to exceec full calendar year under Section 4850. Sick Leave Conversion. Any permanent employee who has accri maintains a minimum of one hundred sixty (160) hours of sic shall be permitted to convert up to fifteen (15) days of accum uncompensated sick leave to vacation at a ratio of three (3) sic per one (1) day of vacation. The sick leave conversion option provided during the first week of each fiscal year. Any permanent employee applying for retirement with the Pi Employee's Retirement System may convert accrued and muse leave time to extend service time in the system at the ratio ol five (25) days of accrued sick leave to one month of extended 15.9.2 or other leave, as provided by Section 15.8 hereof. Except as 15.1 0 15.11 -, e 0 .. AEiIlw3.- 16.1 The City recognizes the right of the Association to govern its in affairs. The parties to this Memorandum of Understanding fully suppor concept of the Public Safety Officers' Procedural Bill of Rights Sections 3300, et seq., of the Government Code, attached heretc Exhibit A. 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 ded from the salary of the employee and remit the withholdings to t Association. The City shall continue to withhold such deduction! the employee files a statement with the City withdrawing authc for the continued withholding of the deductions during the montl Understanding. The effective date of withholding, time of remi withholdings to the Association, and all procedural matters sha determined in accordance with the Rules and Regulations of the 16.2 16.3 March of any year covered by the term of this Memorandum of 16.4 The Association shall provide and maintain with the City a cur of the names and all authorized representatives of the Associatic authorized representative shall not enter any work location wii the consent of the chief of Police or his designee or the City Mar his designee. The Chief of Police or his designee shall have the make arrangements for a contact location removed from the wo of the employee. The Association shall be allowed to designate employee represei to assist employees in: 16.5 16.5.1 Preparing and processing grievances: 16.5.2 16.5.3 Preparing and presenting material for Disciplinary Appeals hc Preparing and presenting material for any matter for which representation is granted pursuant to the provisions of Califor, Government Code Sections 3300, et seq., known as the Public S Officers' Procedure Bill of Rights Act. The Association may designate one employee representative to a employee in preparing and presenting materials for the above, procedures. The employee representative so designated shall bc allowed reasonable release time from regularly scheduled dutie the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepai 16.6 -. .. e 0 ., present materials during off-duty time shall do so on their own Employee representatives and employees who attend Personnel I or City Council hearings during the off-duty time shall do so on own time; providing, however, that employees who are ordered subpoenaed to attend such hearings shall be compensated in acco with the overtime provisions of this Memorandum of Understan Designated employee representatives shall be allowed reasonab release time from regularly scheduled duties to attend meetings relative to other matters of employer-employee relations. Designated employee representatives requesting time off under Article shall direct such request to his/her immediate supervii writing within a reasonable time period to the date requested, I to assure that the Department meets it staff needs and to assure sufficient coverage of departmental assignments. The City will continue to furnish the bulletin board space in the Department for the exclusive use of the Association. Material pl said bulletin boards shall be at the discretion of the Association shall be removed by management only in the event the material obviously offensive to good taste, defamatory, and shall be rem0 only on prior notification to an Association representative. The Association shall be responsible for maintaining bulletin board: exclusively used by the Association in an orderly condition and promptly remove outdated materials. 16.7 16.8 16.9 16.1 0 1 6.10.1 Use of City Facilities The Association may, with the prior approval of the City Manag granted the use of the City facilities for off-duty meetings of th Department employees provided space is available. All such rec will be in writing to the City Manager. The Association may, with the prior approval of the Chief of Pol granted the use of Police facilities for off-duty meetings of the Department employees, provided space is available. All such re will be in writing to the Chief of Police. In the event the Chief c Police denies use of Police Department facilities, an appeal can I to the City Manager. The use of City equipment other than items normally used in thc conduct of business meetings, such as desks, chairs, ash trays a blackboards, is strictly prohibited, the presence of such equip1 approved City facilities notwithstanding. 1 6.1 0.2 16.1 0.3 ill e 0 ,.I ARIuEZ.- Each employee covered by this agreement shall be entitled to overtime compe at the premium rate of one and one half (1 1/21 times the employee's regula of pay for all time worked, or regarded as having been worked because of aut1 leaves of absence, in excess of the employee's regularly scheduled work day i in excess of forty (40) hours per week. Each employee shall have the option receiving compensatory time off at the premium rate in lieu of cash, subject employee has accumulated the maximum number of hours of compensatory ti he/she shall receive all overtime compensation in cash until such time as thc compensatory time off bank is no longer at the maximum accural rate. ARTiCLE. - If an employee is required to return to hidher place of employment or other location directed by the employer at a time that is not part of the employee's regularly scheduled work shift, that employee shall receive appropriate ove pay, as described in Article 17, for the actual number of hours worked on th occasion, subject to the following minimum guarantees: (a) If the "call back" was scheduled in advance, such as for training or fire: qualification, the employee shall receive a minimum of two hours of appropr overtime compensation. (b) If the "call back" was not scheduled in advance, the employee shall receil minimum of three hours of appropriate overtime compensation. These minimums shall not apply to situations where the call back is contiguo the commencement or end of the employee's regularly scheduled work shift. situation, the employee shall receive applicable overtime compensation for i actually worked beyond the regularly scheduled work shift. This Article shall apply to all situations where an Investigator receives a telc call that is authorized by the Watch Commander at a time when the lnvestiga duty. On those occassions, whenever the Investigator is called, he/she shall t requested to report for duty and, upon so reporting, shall be entitled to the compensation described above. ARTlCLE.SE" 19.1 maximum accumulation of eighty (80) hours of compensatory time off. Whil The seniority of an employee shall be based upon the number 01 calendar months of continuous service in the Carlsbad Police Department. An employee who is dismissed for cause shall lost seniority credited to him/her prior thereto, and subsequent r( employment of the employee shall not restore the seniority so Any employee laid off after acquiring permanent status shall, reinstatement, regain the seniority credit he/she possessed at of layoff if said employment is within twenty-four (24) montl il. e e ,-a -. 19.2 Leaves of absence in excess of thirty (30) continuous days shal credited to continuous service. ARTlCLE. LEGAL RFPRESE WTATION 20.1 Upon request of an employee and subject to any limitations pro! law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity than the City in a court of competent jurisdiction, on account of or omission occurring within the course and scope of his emplc as an employee of the City. Nothing herein shall be deemed to require the provision of such where the discretion to provide or not provide such defense is \ the City pursuant to the provision of the California Government or where the act or omission was not within the scope of the en employment, or the employee acted or failed to act because of a fraud, corruption or actual malice, or where the provision of I defense would create a conflict of interest between the City and employee. Nothing herein shall be construed to grant to any employee an] privilege in addition to those provided in the said Government C 20.2 20.3. ARTlCLE. PFACEFr JI PFRFORM ANCE OF CITY SER VICFS 21.1 During the term of the agreement, the CPOA, its representativr members shall not engage in, cause, instigate, encourage or con strike or work stoppage of any kind against the City of Carlsba! During the term of this Agreement, the City will not instigate i over a dispute with the employees. As used in this section, "strike or work stoppage" means the cc failure to report for duty, the willful absence from one's posit stoppage of work, or the abstinence in whole or in part from t faithful performance of the duties of employment for the purp compensation, or the rights, privileges or obligations of emplc 21.2 21.3 inducing, influencing or coercing a change in the conditions. of .-,. * e 0 liBlUE2-w 22.1 The City may only discipline permanent employees for just cau: the case of disciplinary action involving suspension, demotion c discharge, the employee shall be given notice of the action to be the evidence or materials upon which the action is based, and ai opportunity to respond to the City Manager or designee either in writing within seven (7) calendar days of the notice of the a The above process will occur prior to the imposition of the dis Except as provided in Section 22.4, all employees have the rig1 appeal their discipline according to the appeal procedure as set hereafter. Written notice of discipline shall inform and reminc disciplined employee of this right. Once discipline has been imposed, the Chief of Police or his desi shall specify the period of time, from one to four years, that sa discipline will remain in the affected employee's personnel recc the end of said designated period of time, the disciplinary actio1 be removed from the employee's personnel file. It is the responsibility of the employee to initiate a request for removal disciplinary action from the employee's personnel file. The on permitted use of such disciplinary action shall be in a later disciplinary proceeding where there is an allegation of similar cumulative activity or m isconduct. Nothing herein shall be construed to require "cause" or "just cq for the rejection of a probationary employee prior to the expir the probationary period. A probationary employee rejected du probationary period shall not be entitled to appeal such rejectic Personnel Board, but shall be entitled to an administrative app under Section 3304(b) of the Government Code. Such admini: appeal shall consist of the procedure described in Section 22.1 t of Apped. Any employee in the competitive service sha seven (7) calendar days, have the right to appeal to the Person Board any disciplinary action, interpretation or alleged violatio Personnel ordinance, except in instances where the right of apF specifically prohibited by the Personnel ordinance or this Artit Method of ADDd. Appeals shall be in writing, subscribed by tt appellant, and filed with the Personnel Officer, who shall, witt (10) calendar days after receipt of the appeal, inform each me the action desired by the appellant, with his reasons therefore. formality of a legal pleading is not required. 22.2 22.3 22.4 22.5 22.6 0 0 2' .. I 22.7 Notice. Upon the filing of an appeal, the Personnel Officer shall date for the hearing on the appeal not less than ten (10) calend; nor more than thirty (30) calendar days from the date of filing the parties mutually agree to a later hearing date. The Personr Officer shall notify all interested parties of the date, time and p the hearing at such places as the Personnel Board shall prescri 22.8 m. The appellant shall appear personally unless physic unable to do so, before the Personnel Board at the time and plac hearings. He may be represented by any person or attorney as I select and may at the hearing produce on his behalf relevant or, documentary evidence. The City shall state its case first and, ai conclusion, appellant may then present evidence. Rebuttal mat repetitive may be allowed in the discretion of the Personnel BO; Cross-examination of witnesses shall be permitted. The conduc decorum of the hearing shall be under the control of the Person Board by its chairman, with due regard to the rights and privile the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, reque: open hearing. indinas and Recommendations. The Personnel Board shall, wi .. 22.9 (10) calendar days after the conclusion of the hearing, certify findings and decisions 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, I or modify the action taken as, on its judgement, seems warrante the action taken shall be final. Any member of the Personnel B( may submit a minority or supplemental finding and recommend In cause of suspension, discharge or demotion the appointing pc shall reinstate any employee to his former status if proof is ma the action was for discriminatory reasons. ARTlCLE. PROBATIONARY PFR IO0 23.1 For sworn personnel, the entry level probationary period shall year from the date the employee is sworn as an officer. For nc personnel, the entry level probationary period shall be one yel supervisor and the employee to become acquainted and to deterrr the adaptability and the fitness of the employee of the assigned \ The employee will find this period helpful in evaluation of the ( duties, his work and other satisfaction. All personnel promoted within the Department shall be on prot the promotional position for a period of one year from the date ( promotion. the date of hire. The probationary period will permit both the 23.2 e 0 .;a ARTlCLE- PETlREMENT BFNE FITS 24.1 The City agrees to continue to pay the employer's contribution required by the Public Employee's Retirement system to maint current level of benefits for employees covered by this Memor: of Understanding during the term of this Memorandum ofunderstanding. The City will continue to pay on behalf of all sworn representec employees the nine percent (9"/0) employee's retirement con1 to PERS. The City will continue to pay on behalf of all represented miscc employees the seven percent (7%) employee's retirement contribution to PERS. 24.2 24.3 ARTlCLEa HEAL TH INSURANCE 25.1 During the entire term of this agreement, the City will pay on I all employees covered by this agreement and their eligible depc and those retirees designated in Section 25.3, the sum of sixte dollars ($1 6.00) per month for health insurance through the Employees Retirment System (PERS). This amount is mandatc regardless of whether the employee chooses to be covered by a insurance plan. Effective June 25, 1990, the City shall also contribute the following monthly amounts towards payment of premiums for vision, dental and other insurance under the PEF for active employees and eligible dependents: (a) For employees with "employee only" coverage, the sixteer ($16.00) described above and an additional sum equal to one h percent (100%) of the actual premium less sixteen dollars ($16.00), but not to exceed one hundred fifty-two dollars (! per month. If the actual total premiums exceed the aggregate c dollars ($1 6.00) and one hundred fifty-two dollars ($152.0( employee will pay the difference. (b) For employees with "employee plus one dependent" covera sixteen dollars ($16.00) described above and an additional sur to one hundred percent (100%) of the actual premium less si, dollars ($1 6.00), but not to exceed two hundred sixty-nine d ($269,00)per month. If the actual total premiums exceed the aggregate of sixteen dollars ($16.00) and two hundred sixty- dollars ($269.00), the employee will pay the difference. (c) For employees with "employee plus two or more depender coverage, the sixteen dollars ($16.00) described above and ar -a e @ . ,I ' additional sum equal to one hundred percent (lOOo/o) of the actu premium less sixteen dollars ($16.00), but not to exceed three hundred seventy-four dollars ($374.00) per month. If the act total premiums exceed the aggregate of sixteen dollars ($1 6.00: three hundred seventy-four dollars ($374.00), the employee \ the difference. 25.2 Effective June 24, 1991 the City shall contibute the following monthly amounts on behalf of each active employee and eligible dependents towards the payment of premiums under that progra (a) For employees with "employee only" coverage, the sixteen ($16.00) described above and an additional sum equal to one hi percent (100%) of the actual premium less sixteen dollars ($1 6.00), but not to exceed one hundred sixty-nine dollars ($169.00) per month. If the actual total premiums exceed the aggregate of sixteen dollars ($1 6.00) and one hundred sixty-n dollars ($1 69.00), the employee will pay the difference. (b) For employees with "employee plus one dependent" coveral sixteen dollars ($1 6.00) described above and an additional sur to one hundred percent (100%) of the actual premium less six dollars ($16.00), but no! to exceed two hundred ninety-eight ($298.00)per month. If the actual total premiums exceed the aggregate of sixteen dollars ($1 6.00) and two hundred ninety- dollars ($298.00), the employee will pay the difference. (c) For employees with "employee plus two or more dependen coverage, the sixteen dollars ($16.00) described above and an additional sum equal to one hundred percent (700%) of the act premium less sixteen dollars ($16.00). but not to exceed four hundred thirteen dollars ($413.00) per month. If the actual 1 premiums exceed the aggregate of sixteen dollars ($16.00) anc hundred thirteen dollars ($413.00), the employee will pay thl difference. 25.3 The City shall continue Po contribute the monthly sum of sixtee dollars ($16.00) for each retired employee who was a membei bargaining unit and who elects to participate in the PERS Healtl Insurance Plan by filing with the City a written request to par llBmlEa.- 26.1 For the period June 25, 1990 to June 23, 1991, reimbursemc represented employees for the cost of purchasing and maintenai - .. 0 0 , ;* ' .. 8 required, uniforms shall be $475 per year. The method and d; payment shall continue unchanged. From June 24, 1991 continuing for the term of this agreemer reimbursement to represented employees for the cost of purch and maintenance of required uniforms shall be $500.00 per y It is expressly understood and agreed that payments hereunder represented employees wearing and maintaining the uniforms requested to wear and/or maintain. 26.2 26.3 constitute reimbursement for expenses actually incurred by ARTICLE 22. FDI CAT ION INCFNTIVE 27.1 ucational Incentive Comoensat ion. As of June 25,1990 The described Educational Incentive Program shall be effective. 27.1.1Step 1: Applicable to all employees represented by the Carlsbad Police Officer's Association. (a) peauirements: Present proof to the Training Officer, Carlsbac Department, of the following: (1)Two years of consecutive service as a memb Police Department of the City of Carlsbad. The years of service must have been completed imn prior to the time the application for Educationa Incentive Compensation is submitted. and (2) A Certificate of Competency (Police Scienc proof of successful completion of 27 college ser units from an institution accredited by the Wes Association of Schools and Colleges. The 27 unit be in job related subjects. In any case which does not clearly meet the above requirements, the Trainir shall request permission from the Police Chief to convene a committee con: a representative of the City Manager, CPOA, and Police Chief to review and E the case. If approved, the applicant will be authorized Step 1, Educational I Compensation, in the same manner as other eligible employees. If petition i approved, the applicant will be provided a written statement indicating wha additional requirements must be met for eligibility for Step 1, Education In Compensation. (b) Corn-: Satisfactory fulfillment of the above requirer be compensated at the rate of twenty-five dollars ($25) paid weekly for twenty-six bi-weekly pay periods per fiscal year -c e 0 ” ;. ’ .. 8 .. . (c) - The additional compensation provis this step shall not be applicable to employees hired subsequent 25, 1990. 27.1.2 -2: Applicable to Peace Officers represented: (a)Rewirements : Present evidence to the Training Officer, Ca Police Department of the award of an Intermediate Certificate i$ the State of California Commission on Peace Officers Standard ai Training and Eligibility for Step 1, except for the two year ser requirement set forth in section 27.1.1 .(a) (1). (b)Cowensat im: Satisfactory fulfillment of the above requir( shall be compensated at the rate of forty-five dollars ($45) pi weekly for twenty-six bi-weekly pay periods per fiscal year. compensation shall be in lieu of any previous Educational lncen compensation payments which had been received. (c)Additional Co mDensat ion; . Employees who satisfy the requii ments described above and who have successfully completed or three job-related college semester units or three POST training points in the preceding fiscal year shall receive Compensation at the rate of sixty dollars ($60.00) paid bi- weekly for twenty-six bi-weekly pay periods per fiscal year. Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had been received, including those described above in subparagraph (b) In determining eligibility for this additional compensation, POST training points secured through training programs ordered and mandated by the Department, whether attended on or off duty, shall be counted. An employee who arranges to atte school offering training points on city time but is later told by department that he/she will not be allowed to attend, will not r credit for those training points. 27.1.3 -2: Applicable only to non-sworn personnel represented. (a)rnirements : Present evidence to the Training Offic Carlsbad Police Department, of having met the State of C Commission and Peace Officers Standards and Training requirements for an Intermediate Certificate as delermint agreed to by representatives of the City Manager and the ( LO. 1 0 0 , ;* ' .- .. 3 Police Officer Association president. It is understood no certificate can be awarded to non-sworn personnel. (b) co m De nsation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of forty-fiv periods per fiscal year. Such compensation shall be in tic previous Educational Incentive Compensation payments w been received. dollars ($45) paid bi-weekly for twenty-six bi-weekly (c)fidditional Comoensation; Employees who satisfy the rnents described above and who have successfully cornpl taught three job-related college semester units or three training points in the preceding fiscal year shall receiv compensation at the rate of sixty dollars ($60.00) pail weekly for twenty-six bi-weekly pay periods per fisca Such compensation shall be in lieu of any of the previou Education Incentive compensation payments which had b received, including those described above in subparagr In determining eligibility for this additional compensatr POST training points secured through training program ordered and mandated by the Department, whether attenc or off duty, shall be counted. An employee who arrange! attend a school offering training points on city time but told by the department that he/she will not be allowed tc will not receive credit for those training points. 27.1,4 a: Applicable to Peace Officers represented: (a)Beauirements: Present evidence to the Training Offic Carlsbad Police Department, of the award of an Advanced Certificate issued by the State of California Commission or Officers Standards and Training and eligibility for Steps 1 except for the two year service requirement set forth in ! 27.1.1 .(a) (1). (b)ComDensation: Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty-fiv dollars ($65) paid bi-weekly for twenty-six bi-weekly periods per fiscal year. Such compensation shall be in lie previous Educational Incentive Compensation payments wl been received. w Employees who satisfy th (c)Addltronal Compe ns rnents described above and who have successfully cornpl taught three job-related college semester units or three training points in the preceding fiscal year shall receiv compensation at the rate of ninety dollars ($90.00) pz .. -.,. e e , ;. e ?I _. 1 weekly for twenty-six bi-weekly pay periods per fiscal Such compensation shall be in lieu of any of the previous Education Incentive compensation payments which had be received, including those described above in subgaragra In determining eligibility for this additional compensatic POST training points secured through training programs or off duty, shall be counted. An employee who arrange: attend a school offering training points on city time but told by the department that he/she will not be allowed to will not receive credit for those training points. ordered and mandated by the Department, whether attend 27.1.5 Step 3: Applicable only to non-sworn personnel represented: (a)&auirernen&: Present evidence to the Training Officc Carlsbad Police Department, of having met the State of Ci Commission and Peace Officers Standards and Training Requirements for an advanced Certificate as determined ar agreed to by representatives of the City Manager and the C Police Officers Association President. It is understood no certificate can be awarded to non-sworn personnel. (b)Compenstion: Satisfactory fulfillment of the above requirement shall be compensated at the rate of sixty-fivc dollars ($65) paid bi-weekly for twenty-six bi-weekly periods per fiscal year. Such compensation shall be in lie previous Educational Incentive Compensation payments wt been received. (c)Additional Compensation; Employees who satisfy the ments described above and who have successfully com pic taught three job-related college semester units or three training points in the preceding fiscal year shall receivl compensation at the rate of ninety dollars ($90.00) pa weekly for twenty-six bi-weekly pay periods per fiscal Such compensation shall be in lieu of any of the previour Education Incentive compensation payments which had b received, including those described above in subparagr, In determining eligibility for this additional compensati POST training points secured through training program! ordered and mandated by the Department, whether attenc or off duly, shall be counted. Certification shall not be b solely on an employees ability or inability to attend schc offerring training points on City time. 27.1 .GProaram Re view: Parties further agree to recomn that the above program be reviewed jointly by the City an Carlsbad Police Officers’ Association semi-annually durir January and July of each succeeding year to evaluate the A”. 4 0 0 i i* ’ .- ’. effectiveness and currency of the program. 27A 17procedure: The Training Officer, Carlsbad Police Department, upon receipt of proof of eligibility for Edua Incentive Compensation, shall certify eligibility to the Ch Police. The Chief of Police upon approving such eligibili forward his approval to the City Manager for authority to commence the appropriate compensation. Educational Inc Compensation shall commence at the beginning of the nexi period following receipt of authorization by the City Man: the approval by the Chief of Police. Any dispute as to whether or not a particular course or p qualifies under this provision shall be resolved in accord; with the following procedure. The Chief of Police or his d shall meet with an authorized representative of the Assoc unsuccessful then the matter shall be resolved by the Cit) Human Resources Director. 27.1.8 It is understood that an eligible represented emplo shall receive said incentive pay from the date of certifica notwithstanding any delay in notification that the employec been certified. to attempt to resolve the dispute, If their efforts are ARTlCt Fa. E!Q 0 T RAINING OFFICER For any pay period in which a represented employee is assigned and acts a training officer, and actually performs field training officer activities, Si employee shall be entitled to receive $25 additional salary for that pay PI ARTiCLE. VFi-ilCI PS FOR INVESTIGATIONS Each represented employee who is working in the assignment of detective, be assigned a designated vehicle and shall be entitled Po use the vehicle eact duty shift; provided, however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to detectives assigned in addition to the number assigned as of the date of this Memorandum. ARTlCLE. J ONGTFRM D ISABll 1TY During the term of this Memorandum, City agrees to continue to provide I( term disability insurance. Said insurance shall provide for a thirty (30) waiting period prior to payment eligibility. In all other respects, said in! shall continue unchanged. -. e 0 . $1 b .. A6IGEZL PREGNANCY D IABlLlTY LEAVF The City agrees to provide up to four (4) months of unpaid leave for any e who is disabled by pregnancy, as such disability is determined by compete medical evidence. The Department may elect to extend such unpaid leave b four (4) months, but such extension(s), if any, shall be in the sole discrc the Deparment and the Department may take into consideration staffing an needs of the Department, prior leaves by the requesting employee, the em vacation and sick leave balances and such other factors as the Department deem appropriate. ARTlCLE. DlsABll ITY RETIREME NT If the disability retirement of an employee is contested, then the affected employee shall be entitled to an evidentiary hearing to determine whether retirement shall be granted. Such a hearing shall be conducted by an Administrative Law Judge appointed by the California Office of Administrz Hearings. The Administrative Law Judge shall make findings and recommendations to the City Manager, who shall have the final determinatl to the disability retirement. Nothing herein shall affect the jurisdiction o Workers' Compensation Appeals Board to determine whether a disability i not industrial. An employee may waive hidher right to an evidentiary he ARTlCLE-VACATlON 33.2 All eligible miscellaneous and uniformed police employee! be entitled to a vacation according to the number of contin full calendar years of employment based on the following I 1 through 5 full calendar years of continuous service 10 working days 6 through 15 full calendar years of continuous service 15 working days 16 and over full calendar years of continuous service. 20 working days ARTlCLE.HOLlDAYS 34.1 The City agrees to observe eleven (1 1) scheduled paid holidays one (I) floating holiday per year. The floating holiday to be tak the discretion of the individual employee with the approval of tl Department Head. The holiday schedule shall not interfere witt influence or otherwise change the scheduling of shift employees Department. e, .* e e '* ,( * .. I 34.2 The holiday schedule for the term of this agreement is as follou 1990 1991 Independence Day Wed., 7-4 Thurs. Labor Day Mon., 9-3 Mon., Columbus Day Mon., Oct. 8 Fri., 0 Veterans' Day Mon., Nov. 12 Fri. Nc Thanksgiving Day Thurs., Nov. 22 Thurs. Thanksgiving Friday Fri., Nov. 23 Fri. , I Christmas Day Tues., Dec. 25 Wed., 1991 1992 New Years Day Tues., Jan. 1 Wed., Lincoln's Birthday Tues., Feb. 12 Mon., Washington's Birthday Mon., Feb. 18 Mon., Memorial Day Mon. May 27 Mon., 34.3 Members of the Police Department who are required to work a hour day (8:OO a.m. to 5:OO p.m., Monday through Friday) sh: holiday overtime at the rate of one and one-half times the emp hourly rate of pay for each of the twelve scheduled holidays wc hour work week, and having worked a minimum of six of the tw holidays in any calendar year shall receive holiday overtime p holidays. Payment shall be made during the pay period wherei is worked and during the final month of the fiscal year becaus of the "minimum of six" requirement. a. 0 e -. ' -* IF b *T EXHIBIT 8 POLICE DEPARTMENT SALARY SCHEDULE JUNE 25, 1990. 1 RANGE A B c D E RANGE 991.07 1039.59 1092.52 1146.92 1204.27 20 1039.59 1092.52 1146.92 1204.27 1264.57 22 - - - - 1236.63 23 I 23 ' 28 1204.27 1264.48 1327.70 1394.08 1463.78 28 1 36 1255.79 1318.86 1384.59 1454.36 1526.81 36 38 131 8.86 1384.59 1454.36 1526.81 1603.28 38 1 40 1376.31 1445.43 151 7.47 1593.93 1673.33 40 i 42 1603.28 1682.44 1766.95 1855.51 1948.08 42 90 1066.23 1119.54 1175.52 1234.29 1296.01 90 I ;; I RANGE 20 COMMUNICATUONS OPERATOR I RANGE 22 COMMUNICATIONS OPERATOR II RANGE 23 COMMUNICATIONS OPERATOR II RANGE 28 COMMUNICATIONS SHIFT SUPERVISOR RANGE 36 POLICE OFFICER RANGE 38 SENIOR POLICE OFFICER RANGE 40 RANGE 42 POLICE SEARGENT RANGE 90 POLICE RECRUIT COMMUNICATIONS AND RECORDS SUPERVISOR -- 8 %?. a .** - 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 a 0 RESOLUTION NO. 90-265 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 ANI ADOPT THE SALARY PLAN FOR EMPLOYEES REPRESENTED BY CARLSBAD POLICE OFFICERS’ ASSOCIATION FOR FISCAL YEAR 1990-91 WHEREAS, representatives of management and the Carlsbad Pol Officers’ Association have been conducting negotiations pursuant to the Meyers-Millias-Brown Act, regarding wages and other terms and conditi employment for the period June 25, 1990, through June 22, 1992; and WHEREAS, said representatives have reached agreement which t I I desire to submit to the City Council for approval; and WHEREAS, the City Council has determined it to be in the publi interest to accept such an agreement in the form of a Memorandum of Understanding, marked Exhibit A and incorporated by reference herein, I WHEREAS, the Memorandum of Understanding calls for certain adjustments and it is now appropriate for the City Council to implemen adjustments by amending the salary plan. NOW, THEREFORE, BE IT RESOLVED by the City Council for th of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Memorandum of Understanding between the Carlsb ** * t.? "* - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 Police Officers' Association and representatives is hereby accepted, and marked as Exhibit A. 3. That the Classification and Salary Range Schedules for Policc Personnel for the Fiscal Year of 1988-89 as set out in Exhibit B, attack hereto and made a part of hereof, and hereby adopted. 4. The $333,127 is hereby appropriated from the contingency i the Police Department salary and benefit accounts to implement the sa adjustments beginning June 25, 1990. PASSED, APPROVED, AND ADOPTED at a regular meeting of tl day of August, 1990, by the fol Carlsbad City Council held on vote, to wit: 7 AYES: Council Members Lewis, Kulchin and Mamaux NOES: None ABSENT: Council Members Pettine and Larson I I I ATIEST: -Rn AL~k?kL4UTEN~C~~)lz (SEAL)