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AB# //i<a TITLE: DEP‘
MTG. 1-14-92 IMPASSE IN MEET AND CONFER BETWEEN THE CITY AND CITY
CITY DEPT. HR
RECOMMENDED ACTION:
CARLSBAD CITY EMPLOYEES ASSOCIATION (CCEA)
1. By motion, determine to resolve the impasse by action of the City
Council.
2. Adopt Resolution No. Yd-/b resolving the impasse and adopting
and implementing certain salary, fringe benefit terms and
conditions, and other employer-employee relations procedures for
employees represented by the Carlsbad City Employees’ Association
(CCEA).
ITEM EXPLANATION:
The City and the Carlsbad City Employees’ Association (CCEA)
representatives have been meeting and conferring since April 4, 1991, in
have held thirty-one (31) subsequent meetings during an eight (8) month
period. As the parties failed to reach an agreement through direct
discussion, the City initiated the impasse procedure on October 25, 1991
pursuant to Section 2.48.030 of the Municipal Code, filing a written
request for an impasse meeting and indicating that a statement of the
City’s position on all disputed issues would be available on November 1,
1991.
On October 29, 1991, the City received a letter from CCEA disputing one
party’s ability to declare impasse. The letter further stated that “room
for negotiation, compromise, movement, and discussion continues.”
On October 31, 1991, the City responded to CCEA clarifying that the
initiation of the impasse procedure does not require bilateral agreement
and that Section 2.48.130 of the Municipal Code provides that “any party
may initiate the impasse procedure...”. The City went on to express its
willingness to meet one more time in an effort to get an agreement with
the caveat that “if agreement is not reached, or CCEA declines to meet,
the City would continue with the impasse procedure” as outlined in the
effort to reach agreement on a Memorandum of Understanding. The partie
discussion and exhausted all possibilities of settlement though direct
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City’s letter of October 25, 1991. Three dates were provided to CCEA by
the City for an additional meeting.
On November 1, 1991, CCEA confirmed, in writing, a meeting with the Cit;
on November 5, 1991, and included a list of eighteen issues with the
statement that: “The following issues remain open for discussion and we
feel we have room to make movement.”
On November 5, 1991, the City and CCEA met again. During the course of
the meeting the City specifically asked CCEA if they were going to
address any movement as set forth in CCEA’s letter of November 1, 1991 ;
CCEA declined to make movement on any of the items listed. The City
verbally stated that based upon that lack of movement, the City believed
that the parties were still at impasse. On the same day (November 5,
1991), the City reiterated its declaration of impasse in writing and
provided CCEA with its statement of position on the issues in dispute.
An impasse meeting was scheduled by the City Manager, as Municipal
Employee Relations Officer, and CCEA was provided written notice on
November 5, 1991, of the scheduled meeting.
The impasse meeting was held on November 12, 1991, for the purpose of
reviewing the positions of the City and CCEA in a final effort to reach
agreement on the disputed issues. CCEA was in attendance, but objected
to the meeting on procedural grounds and further stated that CCEA’s
negotiating team could not take further action towards an agreement
without a membership vote on the City’s offer(s). The City Manager statc
that he had read all previous correspondence from both CCEA’s and the
City’s negotiating teams and believed that an impasse did, in fact, exist.
However, the City Manager offered to continue the impasse meeting in
order to allow CCEA to hold a membership meeting on Thursday,
November 14, 1991.
The impasse meeting was continued on November 20, 1991. CCEA again
objected to the impasse meeting and refused to discuss the disputed
issues. CCEA instead presented what was characterized as a new writte
proposal and demanded more meet and confer sessions, stating that they
had no authorization to participate in the impasse process.
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CCEA would not select mediation or conciliation or any other dispute-
resolution procedure whereby an agreement might be reached.
On November 21, 1991, the City Manager indicated in a letter to CCEA th
he was still hopeful that the parties could reach an agreement and that
the impasse procedure is designed to facilitate agreement. He offered
CCEA an additional opportunity to select mediation and indicated that thc
California State Mediation and Conciliation Service had been contacted at
mediation meeting had been scheduled for December 4, 1991. The City
Manager also informed CCEA that the City’s negotiating team would
respond to CCEA’s last proposal under separate cover. On this same date
of November 21, 1991, CCEA indicated, in writing, a willingness to
participate in mediation.
On December 4, 1991, the City and the Association participated in a
mediation meeting with a mediator from the California State Mediation
and Conciliation Service, but failed to reach an agreement.
Since the mediation meeting on December 4, 1991, and as set forth in
writing to CCEA on December 10, 1991, and December 18, 1991, the City
has continued to maintain a position of willingness “to entertain a
serious offer from CCEA ... Any CCEA proposal should be made with the
intent of reaching an immediate agreement, prior to consideration by the
City Council.” To date, the City has not received a serious offer from
CCEA that would enable us to reach an agreement.
As a result of negotiations and the impasse procedures, the City has
developed and has made a final offer to CCEA. As of December 4, 1991,
CCEA has failed to accept, and has thereby rejected, the City’s final offer
Exhibit A (attached) represents all subject matter which the City believc
has been agreed upon by both parties. Exhibit B (attached) represents all
subject matter which the City believes is still at issue and which
represent the City’s last, best, and final single year offer in these areas.
Based upon the above facts, it is clear that the City has met its obligatio
to meet and confer in good faith, pursuant to the Meyers-Milias-Brown Ac
(Government Code Sections 3500 et. seq.). It is also clear that both
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direct negotiations and mediation have failed to resolve the impasse
between the City and CCEA and have further failed to result in an
agreement between the parties. Consequently, as the City Council
possesses the power and authority to finally resolve the impasse in
negotiations pursuant to the Meyers-Milias-Brown Act and Municipal Codt
Section 2.48.1 30, it is staff’s recommendation that the Council adopt anc
implement Exhibit A, which represents provisions which have been
previously agreed upon by the City and CCEA, and Exhibit B, which
represents provisions which are still at issue and constitute the City’s
last, best, and final single year offer in these areas.
FISCAL IMPACT:
The fiscal impact of implementing the five and one-half percent (5.5%)
across-the-board salary increase as proposed in the City’s last, best, and
final single year offer will be approximately $227,000 for the balance of
FY 1991-92.
This cost is to be supported by a transfer from the General Fund
Contingency Account. The balance of the account will be $1,103,000.
EXHIBITS:
1.
The annualized fiscal impact is approximately $455,000.
Resolution No. 92- / b resolving the impasse and adopting and
implementing the salary, fringe benefit terms and conditions, and
other employer-employee relations procedures as set forth in
Exhibits A and B.
Exhibit A - Provisions that have previously been agreed upon by the
City and the Carlsbad City Employees’ Association.
Exhibit B - Provisions which have not been agreed upon (City’s last,
best, and final single year offer).
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RESOLUTION NO. 92-16
RESOLUTION RESOLVING AN IMPASSE IN
NEGOTIATIONS WITH THE CITY OF CARLSBAD
AND THE CARLSBAD CITY EMPLOYEES’ ASSOClATlON
AND IMPOSING A SALARY INCREASE AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT
COVFRlNG THF 1991 -1 993 FWxL YEAR.
WHEREAS, the Carlsbad City Employees’ Association
(“Association”) is the recognized bargaining unit on behalf of
miscellaneous City employees and is the formally recognized
employee association under the City’s employer-employee relations
chapter. It is specifically recognized according to Section 2.48.1 1 (
of the Carlsbad Municipal Code; and
WHEREAS, the City and the Association have previously enter€
into a Memorandum of Understanding which was approved by the Cil
Council on August 1, 1989, and expired on June 30, 1991; and
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WHEREAS, the parties have failed to reach an agreement and
there is no possibility of settlement by direct discussion between
the City and the Association and all possibilities of settlement hav
been exhausted; and
WHEREAS, the City has initiated the impasse procedures by
filing with the Association a written request for an impasse
meeting together with a statement of its position on all disputed
issues in negotiations; and
WHEREAS, a written notice of this meeting was sent to the
Association on November 5, 1991; and
WHEREAS, this impasse meeting was held on November 12,
1991, and November 20, 1991, for the purpose of reviewing the
position of the City and the Association in a final effort to reach
agreement on all disputed issues; and
WHEREAS, the City and the Association were unable to reach
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agreement on the disputed issues; and
WHEREAS, the City and the Association agreed to participate
mediation in effort to reach an agreement; and
WHEREAS, the City and the Association met in mediation on
December 4, 1991, with a mediator from the California State
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Mediation and Conciliation Service, and failed to reach an agreemen
by mediation.
WHEREAS, as a result of said negotiations and impasse
procedures, the City has developed and has made a final offer to the
Association; and
WHEREAS, as of December 4, 1991, the Association has failed
to accept and has thereby rejected said final offer; and
WHEREAS, a review of the final position of the City and of the
Association discloses a multiplicity of major issues on which the
parties are in disagreement as set forth in Exhibit B, attached
hereto and incorporated herein; and
WHEREAS, mediation has failed to resolve those disagreemen
set forth in Exhibit B; and
WHEREAS, it is therefore apparent that the City and the
Association have reached an impasse in their negotiations of an
agreement covering said employees for a term which includes the
1991-1992 fiscal year; and
WHEREAS, the 1989-1991 agreement between the City and tht
Association has now expired and said employees are no longer
covered by any agreement; and
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WHEREAS, the withholding of a pay increase to such employees
may contribute to morale problems; and
WHEREAS, such unrest, unless abated/prevented, is likely to
result in actions which would adversely impact the efficient
performance of vital City services; and
WHEREAS, the imposition of a wage increase and other terms
and conditions of employment may reduce or eliminate the unrest in
the Association; and
WHEREAS, the City Council believes it is in the best interest o
the City to impose the changes in wages, hours, and working
conditions, and that these changes are fair, just, and equitable; and
WHEREAS, the City Council possesses the power to finally
resolve the impasse in negotiations pursuant to the Meyers-Milias-
Brown Act (Government Code Sections 3500 et. seq.) and Municipal
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Code Section 2.48.130.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the offers made by the City to the Association for
an MOU during the meet and confer sessions are withdrawn;
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2. That an impasse in negotiations for an MOU between the
City and the Association exists;
3. Mediation pursuant to CMC Section 2.48.130 has been
unsuccessful in an effort to reach agreement on the disputed issues;
and
4. That the City Council determines that the impasse in
negotiations between the City and the Association shall be resolved
and finally determined by adopting and implementing the salary,
fringe benefit terms and conditions, and other employer-employee
relations procedures as set forth in Exhibits A and B, attached
hereto and incorporated by reference herein.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 14th day of January , 1992
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaar
NOES: None
ABSENT: None
---- &4& LAUDE A. L WI , Mayor
ATTEST:
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--__---
ANZ, City Clerk
WEN R. KUNDTZ, Assistant City Clerk
(SEAL)
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EXHIBIT A
PROVISIONS WHICH HAVE BEEN PREVIOUSLY AGREED UPON
BY THE CITY AND THE CARLSBAD CITY EMPLOYEES ASSOCIATION
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EXHIBIT A
TABLE OF CONTENTS
Foreward .......................................... Page 1
Preamble .......................................... Page 1
Article 1 Recognition ............................ Page 1
Article 2 Implementation ......................... Page 2
Article 3 Term .................................. Page 2
Article 4 Renegotiation .......................... Page 2
Article 5 Effective Dates ......................... Page 2
Article 6 Authorized Agents ...................... Page 2
Article 7 No Strike and No Lockout ................. Page 2
Article 8 City Rights ............................. Page 3
Article 9 Employee Rights ........................ Page 3
Article 10 Association Rights ...................... Page 4
Article 11 Confidential Employees .................. Page 7
Article 12 Payroll Deductions ...................... Page 7
Article 13 Distribution of Paychecks ................ Page 7
Article 14 Compensation Adjustments .............. Page 8
Article 15 Overtime .............................. Page 8
Article 16 Working aut of Class .................... Page 10
Article 17 Injured on Duty ......................... Page 10
Article 18 Bilingual Pay ........................... Page 10
Article 19 Work Clothing .......................... Page 11
Article 20 Tool Allowance ......................... Page 11
Article 21 Longevity Pay .......................... Page 13
Article 22 Vacation .............................. Page 14
Article 23 Holidays ............................... Page 14
Article 24 Sick Leave ............................. Page 14
Article 25 Bereavement Leave ...................... Page 14
Article 26 Leave of Absence ....................... Page 14
Article 27 Military Leave .......................... Page 14
Article 28 Jury Duty .............................. Page 14
Article 29 Rest Periods ........................... Page 15
Article 30 Late Starts ............................ Page 15
Article 31 Flexible Classifications ................. Page 15
Article 32 Flexible Start Hours ..................... Page 16
Article 33 Flexible Work Schedule .................. Page 16
Article 34 Flexible Job Sharing ..................... Page 16
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Exhibit A
Table of Contents
Page 2
Article 35 Health Insurance ........................ Page 16
Article 36 State Disability Insurance ............... Page 17
Article 37 Long Term Disability .................... Page 17
Article 38 Retirement ............................. Page 17
Article 39 Deferred Compensation .................. Page 18
Article 40 Health Insurance for Retirees ............ Page 18
Article 41 Grievance Procedure .................... Page 18
Article 42 Disciplinary Procedures ................. Page 18
Article 43 Alcohol and Drug Policy .................. Page 18
Article 45 Air Quality Management District .......... Page 18
Article 46 Access to Information ................... Page 18
Article 47 Communications ........................ Page 18
Article 48 Legal Representation .................... Page 19
Article 49 Layoff ................................. Page 19
Article 50 Carlsbad Municipal Water District ........ Page 23
Article 51 Clerical Study .......................... Page 24
Article 52 Full Understanding. Modification & Waiver . Page 24
Article 44 Personnel Rules and Regulations .......... Page 18
Article 53 Provisions of Law ....................... Page 24
Article 54 Retention of Benefits ................... Page 24
Article 55 Non-discrimination Clause ............... Page 25
Resolution ............................. Page 25
Street Maintenance Worker II Job Spec ..... Page 25
Article 5 6 Employer-Employee Organization Relations
Article 57
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Exhibit A
PROVISIONS WHICH HAVE BEEN PREVIOUSLY
AGREED UPON BY THE CITY AND THE CARLSBAD
CITY EMPLOYEES’ ASSOCIATION
Foreword
The Memorandum of Understanding is made and entered into between
designated management representatives of the City of Carlsbad
(hereinafter referred to as the “City”), and the designated representative
of the Carlsbad City Employees’ Association (hereinafter referred to as
“CCEA”).
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter
referred to as “Memorandum”) to promote and provide for harmonious
relations, cooperation, and understanding between the City Management
representatives and the general employees covered under this
Memorandum, as shown on Attachment A; to provide an orderly and
equitable means of resolving any misunderstandings or differences which
may arise under this Memorandum; and to set forth the agreement of the
parties reached as a result of good faith negotiations regarding wages,
hours, and other terms and conditions of employment of the employees
covered under this Memorandum.
Article 1 Recoa nition
A. The City of Carlsbad recognizes CCEA as the exclusive majority
representative for all classifications in this unit, as set forth in
Attachment A, pursuant to the petition for formal recognition
submitted on February 11, 1976, and approved April 20, 1976, in
accordance with the Carlsbad Municipal Code.
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B. General unit classifications Secretary to the City Manager and
Secretary to the City Attorney shall hereinafter be management
classifications governed by the provisions of the management
compensation plan.
Article 2 Implementation
This Memorandum constitutes a recommendation to be submitted to the
City Council subsequent to the ratification meeting by the membership of
CCEA. It is agreed that this Memorandum shall not be binding upon the
parties either in whole or in part unless and until:
The City Council acts, by majority vote, formally to approve and
adopt said Memorandum.
Article 3 Terq (Has not been agreed upon. See Exhibit B)
Article 4 Re neaotiation (Has not been agreed upon. See Exhibit 6)
Article 5 Effect ive Dates (Has not been agreed upon. See Exhibit B)
Article 6 Authorized Aaents (Has not been agreed upon. See
Exhibit 6)
Article 7 No St rike and No Lockout
A. No Strike. During the life of this agreement, neither the employee:
nor any agents or representatives will instigate, promote, sponsor
engage in, or condone any strike (including sympathy strike),
slowdown, concerted stoppage of work, sickouts, or any other
intentional disruption of the operations of the City, regardless of
the reason for so doing.
Penalb. Any employee engaging in activity prohibited by Article ;
A., or who instigates or gives leadership to such activity, shall be
subject to disciplinary action.
B.
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C. No Iockou . During the term of this agreement, the City will not
instigate a lockout over a dispute with the employees so long as
there is no breach of Section 7, A.
Assoc~amn OfflCld RewW[LfY .. .. . .. D. . Each employee who holds the
position of officer of the Employee Association occupies a position
of special trust and responsibility in maintaining and bringing abou
compliance with the provision of this article, the employees agree
to inform its members of their obligations under this agreement anc
to direct them to return to work.
Article 8 Citv Riahtg
The rights of the City include, but are not limited to the exclusive right 1
determine mission of its constituent departments, commissions, boards;
set standards of service; determine procedures and standards of selectio
for employment and promotions; direct its employees; take disciplinary
action; relieve its employees from duty because of lack of work or other
legitimate reason; maintain the efficiency of governmental operations;
determine the methods, means, and personnel by which government
operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its
organization and the technology of performing its work.
Article 9 Em DI ovee Riahtg
A. Employees of the City shall have the right to form, join and
participate in the activities of CCEA for the purpose of
representation on all matters of Employer-Employee Relations,
including but not limited to, wages, hours, and other terms and
conditions of employment. Employees of the City also shall have t
right to refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves
individually in their employment relations with the City.
No employee shall be interfered with, intimidated, restrained,
coerced or discriminated against by the City, CCEA or other
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employee organization(s) because of the exercise of his/her rights
under this Article.
An individual employee reserves the right to individual
representation, upon formal notice to CCEA and the City, on any
matter of Employer-Employee Relations.
CCEA shall be provided notice of the results of such individual
Employee-City meetings.
Article 10 Association Riahtg
A.
B.
C.
D.
The City recognizes the right of CCEA to govern its internal affairs
The City agrees to include a one page CCEA “Information Sheet” in
the orientation packet for newly hired employees in positions
represented by CCEA. The City and CCEA agree that the purpose of
the “Information Sheet” is to familiarize new employees with the
operations and benefits of CCEA. All costs associated with
preparing the “Information Sheet” shall be borne by CCEA. CCEA
agrees to indemnify and hold the City harmless for any disputes
between employees represented by CCEA and CCEA arising out of
information contained in the “Information Sheet.” Prior to
distribution the “Information Sheet” must be approved by the Hums
Resources Director.
The City will furnish bulletin boards for use of CCEA (Bulletin
Boards for the exclusive use by CCEA shall be provided at City Hal
Las Palmas and the main Library) . Material placed on said bulletir
boards shall be at the discretion of CCEA. City may remove CCEA
material only in the event the material is obviously offensive to
good taste, defamatory, and shall be removed only on prior
notification to CCEA.
Bulletin boards shall be located at: 1) City Hall Employees’ Loungt
2) Library Employees’ Lounge, 3) Parks Employee Rooms, 4) Oak
Avenue Trailer, 5) Las Palmas Employees’ Lounge, 6) Safety Cente
Employees’ Lounge, 7) Mechanical Maintenance, 8) Stagecoach
C.
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Community Park, 9) Calavera Community Park, 10) Redevelopment,
11) Senior Center.
By mutual agreement additional locations may be added.
CCEA reserves the right, at CCEA expense, to glass enclose with loc
and key the bulletin boards furnished by the City for the exclusive
use by CCEA.
D. Twice annually, within thirty (30) days of written request from
CCEA, the City agrees to provide CCEA with a listing of names,
departments, and classifications of employees in classifications
represented by CCEA. Names, departments, and classifications
provided will reflect the most current data on file with the Human
Resources Department as of the date the list is prepared.
CCEA shall provide and maintain with the City a current list of the
names and all authorized representatives of the CCEA. An authoriz
representative shall not enter any work location without the cons€
of the Department Head or hidher designee or the City Manager or
his/her designee. The Department Head or hidher designee shall
have the right to make arrangements for a contact location remove
from the work area of the employee. Management shall not
unreasonably deny access.
CCEA may, with the approval of the Human Resources Department, I:
granted the use of City facilities for after hour meetings.
CCEA shall be allowed to designate employee representatives to
assist employees in preparing and processing grievances; and
preparing and presenting material for disciplinary appeals hearing
CCEA may designate one employee representative to assist an
employee in preparing and presenting materials for the above-listt
procedures. The employee representative so designated shall be
allowed reasonable release time from regularly scheduled duties 1
the purpose of investigating and preparing materials for such
procedures. Employee representatives who investigate, prepare or
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present materials during off-duty time shall do so on their own
time. Employee representatives and employees who attend
discipline or grievance hearings or City Council meetings during thc
off-duty time shall do so on their own time; providing, however, th
employees who are ordered or subpoenaed to attend such hearings
shall be compensated in accordance with the overtime provisions o
this Memorandum of Understanding.
Designated employee representatives shall be allowed reasonable
release time from regularly scheduled duties to attend meetings
relative to other matters of employer-employee relations.
Designated employee representatives requesting time off under th
article shall direct such request to hidher immediate supervisor I
writing within a reasonable time period to the date requested, in
order to assure that the department meets its staff needs and to
assure sufficient coverage of departmental assignments.
CCEA may select members of the organization to attend scheduled
meetings with the City staff on subjects within the scope of
representation during regular work hours without loss of
compensation. Where circumstances warrant, the City may approv
the attendance at such meetings of additional employee
representatives with or without loss of compensation.
employee organization shall, whenever practicable, submit the
names of all such employee representatives to the City at least tu
working days in advance of such meeting. Provided further:
(1)
H
The
That no employee representative shall leave his or her duty
work station or assignment without specific approval of the
Department Head or other authorized City management offic
That any such meeting is subject to scheduling by City
management in a manner consistent with operating needs an
work schedules.
(2)
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Nothing provided herein, however, shall limit or restrict City
management from scheduling such meetings before or after regular
duty or work hours under appropriate circumstances.
Article 11 Confident ial E mDloveeg .
Confidential employees are restricted from representing any employee
organization, which represents other employees of the City, on matters
within the scope of representation. This article does not otherwise lim
the right of confidential employees to be members of and to hold office i
CCEA.
The following positions are designated as confidential:
1)
2)
3)
4)
Unit employees assigned to the Human Resources Department.
Unit employees assigned to the City Manager’s Office.
Unit employees assigned to the City Attorney’s Office.
Department Secretary and Accounting Supervisor, assigned to
accounts payable, in the Finance Department.
5) Data Processing Programmer.
Article 12 Pavroll Deduct ions
The City shall withhold deductions in amounts designated by CCEA
members providing changes do not occur more frequently than once each
fiscal year.
Article 13 Distribution o f Pavc heckg
For CCEA represented employees the City shall continue to distribute
employee pay checks in sealed and windowed envelopes.
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Article 14 ComDe nsation Adiustmentg (Has not been agreed upon.
See Exhibit B.)
Article 15 Overtime
Section 1. Qvertime (Has not been agreed upon. See Exhibit B)
Section 2. Qmoenmry T irne (Has not been agreed upon. See Exhibit B)
Section 3. Ove rtime Authorization (Has not been agreed upon. See
Exhibit B)
Section 4. Clothes C hanaing (Has not been agreed upon. See Exhibit B)
Section 5. Trainina Time (Has not been agreed upon. See Exhibit 8)
Section 6. Citv Vehicle Use
Employees who are provided with a City vehicle to travel to
and from work shall not be compensated in any manner
whatsoever for such travel time in the City vehicle.
This provision also applies in those situations where the rad
must be left on and monitored.
Section 7. -
Call back duty occurs when an employee is ordered to return
duty on a non-regularly scheduled work shift. Call back does
not occur when an employee is held over from hidher prior
shift or is working prior to his/her regularly scheduled shift
An employee called back to duty shall be credited with a
minimum of two (2) hours work commencing at the time of t'
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Any call back lasting two (2) hours or less shall result in a
credit for two (2) hours worked.
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Section 8. Court Pay (Has not been agreed upon. See Exhibit B)
Section 9. Standbv Pav
CCEA represented employees required to standby, to handle
overtime work which may arise, shall be compensated at the
rate of $20.00 per day.
Standby status is defined as time in which an employee can bc
reached at hidher residence or by beepers and be able to
respond in the appropriate time as designated by the
department.
Standby time is not considered hours worked under the Fair
Labor Standards Act and will not be compensated except as s
forth above. This payment is being made pursuant to the M.O.1
not pursuant to FLSA. Time compensated in this manner shal
not constitute hours worked for purpose of FLSA.
Section 1 O.Shift Trades
The practice of shift trading shall be voluntary on behalf of
each employee involved in the trade and must be approved in
advance by the department. The trade must be due to the
employee’s desire or need to attend to a personal matter and
not due to the department’s operations. The employee
providing the trade shall not have his/her compensable hours
increased as a result of the trade; nor shall the employee
receiving the trade have his/her compensable hours decreasc
as a result of the trade. Any premium pay or other extra
compensation will be waived for both individuals during the
period they work for the other. Any hours worked beyond the
normal work day will be credited to the individual actually
doing the work.
“Paybacks” of shift trades are the obligation of the two
employees involved in the trade. Any dispute as to paybacks
to be resolved by the involved employees, and under no
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circumstances will the department be obligated for any
further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner
for hours owed to employees by other employees that leave th
employment of the City or are assigned other duties.
If one individual fails to appear for the other without prior
notification, the person who was “traded in” will be listed as
absent without leave and may be subject to disciplinary actio
Section 11 .&lv R&f
The practice of early shift relief shall be voluntary on behalf
of each employee involved in the relief and must be approved
advance by the department. The employee providing the early
relief shall not have hidher compensable hours increased as
result of the early relief; nor shall the employee relieved eai
have his/her compensable hours decreased as a result of the
early relief.
obligation of the two employees involved in the early relief.
Any dispute is to be resolved by the involved employees, and
under no circumstances will the department be obligated for
any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner
for hours owed to employees by other employees that leave t
employment of the City or are assigned other duties.
“Paybacks” of early relief hours are the sole
Article 16 Workina Out o f Classification (Has not been agreed
upon. See Exhibit B)
Article 17 lniured on Duty (Has not been agreed upon. See Exhibit E
Article 18 Bilinaual Pay
The City will provide additional compensation to an employee, designatt
by the Human Resources Department, in the amount of $40.00 per pay
period for the performance of bilingual skills. The determination of the
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number of personslpositions to be designated as bilingual is the sole
discretion of the City.
In order to qualify for and receive bilingual pay, employees must pass a
bilingual proficiency test in the Spanish language as determined
appropriate by the City.
This Article shall not be subject to the grievance procedure.
Article 19 Work C lothing
A. The City shall continue to provide and maintain uniforms in the
maintenance departments.
Employees shall be responsible for proper care and maintenance of
uniforms.
The City shall continue to reimburse previously designated
classifications for the purchase of safety boots or safety shoes.
Such reimbursement shall be limited to a maximum of two (2) time
per fiscal year.
B.
C.
Article 20 Tool Allowance
This article applies only to eligible employees in the following job
classifications who furnish their own tools as a condition of employmen
Equipment Mechanics, Equipment Service Workers, and Equipment Mechar
S u pervi so rs.
Employees in the job classifications mentioned are required to provide
their own toots on the job as a condition of employment. The employees
are further eligible to receive a cash tool reimbursement provided that
the conditions for receiving the reimbursement are met.
Tools and tool boxes will be replaced in kind if they are lost due to fire,
burglary, or robbery of the City facility or some other catastrophe or
accident not due to the employee's negligence or fault. Tools and tool
boxes will not be replaced due to employee negligence. An inventory' of
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the tools in the employee’s possession at work, including those tools OVE
and above the “essential tool list,” must be on file with the
Superintendent. The City has the right to request that a specialized
tool@) not be kept in the employee’s inventory.
The tool allowance will be made in the form of a cash payment of $400 p
year, paid only once during the fiscal year, by September 30, and cannot t
accumulated from one year to another.
It is the responsibility of the Equipment Maintenance Superintendent to
direct the administration of the tool allowance and:
A. Provide a list of “essential tools” which define the full inventory
tools required for employees to be eligible for tool allowance.
B. Recommend revisions to the “essential tools” and to meet the
requirements of current skilled trades technology.
Informally agree with members of the shop when considering addir
tools to the “essential tool list.”
C.
Employees receiving a tool allowance shall allow inspection of personal
tool box by supervisor to verify outfitting of tools. The eligible employ(
during each work shift must have all the tools listed as “essential tools
Failure to keep said tools on site will result in the tool allowance being
withheld from the individual until such time as the employee comes intc
possession of all ”essential tools.”
The appropriate supervisor during the month of August will:
A. Review the personal tool inventory as meeting the requirements o
“esse n t i a I to o Is . ”
Provide a recommendation to the Superintendent of an alternate t
as a substitute for the tool listed on the “essential tools” list on
item-by-item basis.
B.
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In September of each year, the Superintendent shall prepare requests for
warrant to provide for payment of the tool allowance to eligible
employees.
Article 71 Lonaevitv Pav
1. Salary Step L1 shall apply to any range in the Salary Plan to provide
for a five percent (5%) increase of base salary for miscellaneous
employees who have attained five (5) continuous years of service in
the City of Carlsbad at the “E” Step of the same salary range in the
Salary Plan. Employees who have accrued all or part of five (5)
years of continuous service at the “E” Step of the same salary rangt
prior to July 1, 1976, may credit this service toward the service
requirement for movement to Salary Step L1. In any case where an
employee is promoted and moves from the employee’s existing clas!
to another class, allocated to a higher range of compensation, the
employee shall be advanced to the lowest step in such higher range
which will provide a five percent (5%) salary increase.
Salary Step L2 shall apply to any range in the Salary Plan to provide
for a two and one-half percent (2-1/2) increase of basic salary for
those miscellaneous employees who, on or after July 1, 1976, have
attained ten (10) continuous years of service in the City of Carlsbac
at the “E” Step of the same salary range in the Salary Plan.
Eligibility for Salary Step L2 is contingent upon the employee being
recommended for such salary step by the employee’s Department
Head and such recommendation being approved by the City Manager.
Failure of the Department Head to recommend and of the City
Manager to approve shall not constitute grounds for submission of a
grievance or an appeal to the Personnel Board. Employees who have
accrued all or part of ten (10) years of continuous service at the “E
Step of the same salary range, prior to July 1, 1976, may credit thi
service toward the service requirement for movement to Salary
Step L2. In any case where an employee is promoted and moves fror
the employee’s existing class to another class allocated to a highei
range of compensation, the employee shall be advanced to the lowe!
2.
3.
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step in such higher range which will provide a five percent (5%)
salary increase.
#Wicle 22 Vacat ion (Has not been agreed upon. See Exhibit B)
Article 23 Ho I idavg (Has not been agreed upon. See Exhibit B)
/Wicle 24 Sick Lea ve (Has not been agreed upon. See Exhibit B)
Article 25 Bereavement Lea ve [From Article 12 1989-91 M.O.U.]
A. An employee may use up to 24 hours of paid leave if required to be
absent from duty due to the death of a member of the employee’s
immediate family. Additional time off may be authorized by the
Department Head and charged to accrued vacation or treated as lea
without pay.
The “immediate family” shall be defined as: Spouse, child,
parent, sibling, grandparents; the aforementioned either
natural, step or in-law, or any person over which the employe
acts as legal guardian, or a verifiable current member of the
immediate house ho Id.
B. The employee may be required to submit proof of relative’s death
before final approval of leave with pay is granted.
Article 26 Lea ve of Absence (Has not been agreed upon. See
Exhibit B)
Article 27 Militarv Lea ve
Military leave shall be authorized in accordance with the provisions of
State and Federal law. The employee must furnish satisfactory proof to
his/her Department Head, as far in advance as possible, that he/she must
report to military duty.
Article 28 Ju rv Dutv (Has not been agreed upon. See Exhibit B)
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Article 29 Rest Per iodg (Has not been agreed upon. See Exhibit B)
Article 30 Late Starts (Has not been agreed upon. See Exhibit B)
Article 31 Flex ible Class ifications
An employee hired into one of the listed entry level positions shall be
reclassified to the journey level position following twelve (12) months oi
successful service in the entry level position. The employee shall be
placed at the nearest step-of the journey level salary range which
represents a minimum five percent (5%) salary increase.
Entry Le vel Pos ition Journev Le vel Pos ition
Account Clerk I Account Clerk II
Clerk Typist I Clerk Typist I1
Engineering Technician I
Library Assistant I Library Assistant II
Maintenance Worker I Park Maintenance Worker II
Maintenance Worker I Street Maintenance Worker II
Maintenance Worker I Utility Maintenance Worker II
Meter Reader/Repairer I
Planning Technician I Planning Technician II
Police Records Clerk I Police Records Clerk II
Steno Clerk I Steno Clerk ll
Tree Trimmer I Tree Trimmer I1
Word Processing Operator I
Engineering Technician II
Meter ReadeVRepairer I I
Word Processing Operator II
An employee hired into one of the listed entry level positions shall be
reclass if ied to the jo u rney level position f o I lowi ng Wen ty-f ou r (24)
months of successful service in the entry level position. The employee
shall be placed at the nearest step of the journey level salary range whic
represents a minimum five percent (5%) salary increase.
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Entrv Le vel Position Journev Le vel Position
Building Inspector I Building Inspector II
Code Enforcement Officer I Code Enforcement Officer II
Construction Inspector I Construction Inspector II
Equipment Mechanic I
Fire Prevention Officer I Fire Prevention Officer II
Maintenance Electrician I Maintenance Electrician I1
Equipment Mechanic II
Article 32 Flexible Sta rt Hours [New Provision]
CCEA employees, with Department Head approval, may alter their stari
time per shift between the hours of 6:OO a.m. and 9:00 a.m. The
Department Head may revoke the flexible start time at any time and rc
the employee to regular working hours for that particular department.
employee shall receive fourteen (1 4) days notice, unless extenuating
circumstances preclude such a notice, prior to revocation of flexible !
hours. This article is not subject to the grievance procedure.
Article 33 Flexible Work Schedule (Has not been agreed upon. SE
Exhibit 6)
Article 34 Flexible Job S haring [New Provision]
Two or more employees may, with the express written approval of the
City Manager, the Human Resources Director, and the affected Departm
Head, participate in a flexible job sharing program. The specifics of SI
a program shall be determined by the employees and the City on a case
case basis. Prior to implementation of any such program(s), a written
agreement setting forth the specifics of the program shall be signed b?
the affected employees and the City.
This article shall not be subject to the grievance procedure.
Article 35 Hea Ith Insurance (Has not been agreed upon.
See Exhibit B)
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Article 36 St ate D isabi litv Insurance
A. Employees represented by CCEA will be enrolled in the State
Disability Insurance Program. (The City agrees to pay the premium.)
Employees represented by CCEA shall be entitled to combine
accumulated sick leave with State Disability payments for the
purpose of achieving the equivalent of their pre-disability salary to
the extent allowed by law during any period of nonindustrial
disability.
leave and State Disability Insurance payments exceed the
employee’s pre-disability salary.
B.
Under no circumstances shall the combination of sick
Article 37 Lona - Term Disability
During the term of this memorandum, City agrees to continue to provide
long term disability insurance. Said insurance shall provide for a ninety
(90) day waiting period prior to payment eligibility.
said insurance shall continue unchanged.
Article 38 Retirement
A.
In all other respects
For CCEA represented employees the City shall continue to pay the
100% of employee seven percent (7%) contributions to PERS.
Further, the City will continue to pay for single highest year
provision and survivors benefit plan.
Effective no later than January 1, 1992, the City shall contract wit
PERS for the military service credit option. The cost of this option
is borne entirely by the employee. Payments by the employee to
PERS are to be arranged by the employee directly with PERS. Once
such a payment schedule has been approved by PERS, the employee
may arrange with the City for such payments to be made by means I
payroll deduction .
B.
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Article 39 Deferred Corn Den sat ion
The City shall provide for a Deferred Compensation Plan which may be
utilized by any employee on an optional basis. The City reserves the righ
to accept or reject any particular plan and to impose specific conditions
upon the use of any plan. Such plan shall be implemented without cost to
the City.
Article 40 Health Insurance for Retirees (Has not been agreed
upon. See Exhibit B)
jlrticle 41 G rievance Procedu re (Has not been agreed upon. See
Exhibit B)
A ( (Has not been agreed upon. See
Exhibit B)
Article 43 A lcohol and D rua Po licv (Has not been agreed upon. See
Exhibit B)
Article 44 Personnel Rules a nd Reaulations (Has not been agreed
upon. See Exhibit B)
Article 45 Air Qua litv Manaaement District (Has not been agreed
upon. See Exhibit B)
Article 46 Access to Information (Has not been agreed upon. See
Exhibit B)
Article 47 Communications
The parties agree to continue meeting at least once each month during tt
term of the agreement for the purpose of continuing communications on
subjects of mutual concern.
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Article 48 Leaal ReDresentation
Upon request of an employee and subject to any limitations provided by
law, the City will provide for the defense of any civil action or proceedin
initiated against the employee by a person or entity other than the City ir
a court of competent jurisdiction, on account of any act or omission
occurring within the course and scope of hidher 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 provisions of the California Government 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 defens
would create a conflict of interest between the City and the employee.
Nothing herein shall be construed to grant to any employee any right or
privilege in addition to those provided in the said Government Code.
Article 49 Lavoff
bvoff: The City may layoff an employee in the merit service because of
material change in duties or organization or shortage of work and funds.
Ten working days prior to the effective date of a layoff, the Department
Head shall notify the Human Resources Director of the intended action
with reasons therefore, and a statement certifying whether or not the
services of the employee have been satisfactory. A copy of such notice
shall be given the employee affected. If certified as having given
satisfactory service, the name of the employee laid off shall be placed o
the appropriate reemployment list as provided by these rules.
Reduct ion in Fo rce P rocedu res: The following procedures will apply to i
probationary and permanent employees in the event of a reduction in the
City work force.
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(4 Definitions : The following definitions apply to these procedures:
City Service Seniority shall be determined as the period of
total continuous service with the City as measured from the
date of original appointment.
Classification Seniority shall be determined as the period of
total continuous service of an employee in the present
classification as measured from the date of appointment to
that classification.
(1)
(2)
(b) Reduct ion in Fo rce--De motion: Whenever there is a reduction in
work force the City shall first demote to a vacancy, if any, in a
classification, which the employee with the greatest length of
continuous City service has previously served and is determined to
be currently qualified. An employe may refuse to accept a demotic
and accept layoff without jeopardizing reemployment rights
othewise provided for in this procedure.
(c) voff: Whenever there is a reduction in the
work force, the City shall secondly layoff employees within a
classification according to continuous service seniority. . Employec
with the least continuous City service shall be laid off first.
Notification: Whenever there is a reduction in the work force
requiring layoff the City shall send written notice to the last knov
address of each employee affected by a layoff. The notice shall
include the (1) reason for layoff, (2) classes to which the employe
may demote within the City, if any, (3) effective date of action, (L
conditions governing retention on and reinstatement from
reemployment lists, and (5) rules regarding waiver of reinstatemt
and voluntary withdrawal from the reemployment list.
Dete rminina Le nath of Senioritv: In determining continuous City
service seniority, all uninterrupted employment from the original
date of hire, including periods of authorized leaves of absence and
including all periods of time service seniority, all uninterrupted
employment from the original date of hire, including periods of
(d)
(e)
20
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authorized leaves of absence and including all periods of time serve
as a limited term or CETA employee, shall be counted as continuous
City service seniority.
( f) rder of &duction in Force: In a reduction in force the following
order of layoffs shall be followed: (1) part-time, temporary and
provisional employees in the affected classification series; (2)
limited term employees in reverse order of their seniority in the
affected class series; (3) City probationary employees in reverse
order of their classification seniority in the affected class series;
(4) should there be need for further reduction, regular employees in
the affected classification series shall be given the opportunity to
accept or refuse demotion as previously described in Section B in
reverse order of their classification seniority; (5) should a
reduction in force still be necessary, regular employees shall be la
off in reverse order of their classification seniority.
Dete rminina Order of I avo ff and De motion fo r Em plovees With
Identical Sen ioritv: Should two or more employees have identical
seniority, the order of layoff and demotion will be determined by
alphabetical order of the employees’ surnames.
Transfu: All effort will be made by the City to transfer any
employee who is to be affected by a reduction in force to another
vacant position for which such employee may qualify.
Qrder and Method o f Demotion Pursuant to a Reduct ion in Force--
Bumping: When required due to a reduction in force, employees shi
be demoted in the following manner:
(1)
(9)
(h)
(0
Employees who are demoted, who have held permanent status
in a lower classification shall have the right to bump
employees of lesser seniority in that lower classification.
Employees who have not actually held status in a lower
classification shall be allowed to demote to a vacant positic
or to a position held by a City probationary employee in such
(2)
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lower class, but may not bump regular City employees already
in that lower classification.
(j) Rei nstateme nt of EmD lovees Demoted as a Resu It of a Reduct ion in
Work Force: Employees who are demoted as a result of a reduction
force shall have their names placed on a reinstatement list, in orde
of their seniority. Vacant positions in which an employee has servc
within a classification series shall first be offered to employees o
this list.
(k) Reemployawl of EmDlovees bid Off as a Result of a Reduction in
Force: Employees who are laid off and who held permanent City
status at the time of layoff shall have their names placed on a
reemployment list for classifications at the same or lower salary
range for which they qualify in the order of their classification
seniority. Vacant positions in such classifications will be offered
to eligibles on the reemployment list who qualify for such vacancit
prior to an open or promotional recruitment.
(1) ion of Reltement and ReemDlovme&l IS^: The eligibility
of individuals on the reinstatement and reemployment list shall
extend for a period of two years from the date of demotion or layof
Eligibles not responding to written notification of an opening after
ten working days shall have their names removed from either the
reemployment or reinstatement list.
Restoration of Benefits UDO n Reemplovment Fo llowina a Reduct ion
Force: Upon reemployment following a reduction in force, an
individual will have the following benefits restored:
(1) Prior sick leave accruals.
(2)
(m)
Seniority at time of layoff for purposes of determining meril
increases, vacation accruals and future reduction in force.
The salary paid to an employee who is reemployed shall be
equivalent to the salary plan at the time of reemployment.
the employee chooses to be reemployed in a classification
(3) H
22
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which has a salary range lower than the classification from
which he was laid off, then salary placement will be in the
range at the “E” step as reflected in the current effective
salary plan at the time of reemployment.
(n) Pavoff of Acc ruals UO . on Lavoff: Laid off employees are to be paid
for all accrued holiday, vacation, compensation time and overtime
when separated as a result of a layoff. The sick leave accruals of
such employee will remain on the books and will be reinstated if
they are reappointed.
(0) Retirement Co ntribution: The disposition of the retirement
contributions of a laid off employee shall be governed by the
provisions of the State of California Public Employees’ Retiremenl
Law as contained in the Government Code.
Article 50 Carls bad MuniciDal Water District
1. Effective February 17, 1992, employees of the Carlsbad Municipal
Water District (‘CMWD”) shall become employees of the City of
Carlsbad (“City”). Each CMWD employee shall retain his/her CMWD
classification, salary range, salary step, salary anniversary date,
and seniority date upon becoming a City employee. Each employee’
job title, salary range, and salary step shall be subject to future
modification upon completion of a City classification and
compensation study. In no instance shall an employee’s salary be
reduced as a result of the City classification and compensation
study.
Effective February 17, 1992, each CMWD employee shall be subjec
to the City’s personnel system as established by the municipal co(
the personnel rules and regulations, administrative orders, the
applicable memorandum of understanding, and other applicable
ordinances, resolutions, and rules and regulations dealing with
personnel and employer-employee relations.
Effective February 17, 1992, each CMWD employee shall be subjec
to the work rules and operations rules of the City.
2.
3.
23
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4. Notwithstanding paragraph 2 above, each CMWD employee shall
retain the benefits granted to CMWD employees as outlined in
Appendix A (attached).
Unless specifically set forth in paragraph 4 above, all other fringe
benefits shall be the same as those for City employees in the
appropriate bargaining units as of February 17, 1992.
Employees hired on or after February 17, 1992, into the water
operation shall not be eligible for those benefits set forth in
paragraph 4 above.
Employees who terminate service with the City (by reason other
than lay off) shall not be eligible for the benefits set forth in
paragraph 4 above upon reinstatement to the City.
Employees covered by this provision are listed in Appendix B.
No current City employees will be laid off as a result of
assimilation of CMWD employees.
5.
6.
7.
8.
9.
Article 51 Clerical Studv
The parties agree to meet and confer on the implementation of the cleric
study prior to March 13, 1992.
Article 52 Full Understandina, Modification. & Waiver (Has not
been agreed upon. See Exhibit e.)
Article 53 Pro visions of Law (Has not been agreed upon. See
Exhibit B)
Article 54 Retention of Benefit3
The employees of the City of Carlsbad shall retain all present benefits 1
the term of this agreement, except as amended by this Memorandum.
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Article 55 No n-d i scr i rn in at ion C lause
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 opinion or affiliation, race, color, religion, sex, marital status,
age, national origin, veteran status, medical condition or physical or
mental disability. This affects decisions including, but not limited to, an
employee’s compensation, benefits, terms and conditions of employment,
opportunities for promotion, training and development, transfer and other
privileges of employment.
The City is committed to providing ongoing training to all employees on
the subjects of equal employment, non-discrimination and cultural
awareness.
Article 56 Em D lover-Em p lovee 0 raanizatton Relations
Resolution (Has not been agreed upon. See Exhibit B)
Article 57 Street Ma intenance Wo rker It Job SDec if icat ion
(Has not been agreed upon. See Exhibit B)
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ATTACHMENT A (EXHIBIT A)
GENERAL EMPLOYEES
ACCOUNT CLERK I MICROCCMPUTER SPECIALIST
ACCOUNT CLERK I1 MINUTES CLERK
ACCOUNTANT PARK MAINTENANCE SPECIALIST
ACCOUNTING SUPERVISOR PARK MAINTENANCE WORKER I1
ASSISTANT ENGINEER PARK MAINTENANCE WORKER I11
ASSISTANT PLANNER PARK DEVELOPMENT COORDINATOR
ASSOCIATE ENGINEER PERMIT CLERK
ASSOCIATE PLANNER PLANNING TECHNICIAN I
BUILDING INSPECTOR I PLANNING TECHNICIAN I1
BUILDING INSPECTOR I1 POLICE RECORDS CLERK I
BUILDING MAINTENANCE WORKER I POLICE RECORDS CLERK I1
BUILDING MAINTENANCE WORKER 11 P ROGRARMEWANALY ST
BUILDING TECHNICIAN I1 P ROGRAMMEW OP ERATOR
BUYER RECEPTIONIST/CASHIER
CLERK TYPIST I RECREATION SPECIALIST
CLERK TYPIST I1 RECREATION SUPERVISOR I
CODE ENFORCEMENT OFFICER I RECREATION SUPERVISOR I1
CODE ENFORCEMENT OFFICER I1 SECRETARY I
COMPENSATION TECHNICIAN SECRETARY I1
CONSTRUCTION INSPECTOR I SENIOR BUILDING INSPECTOR
CONSTRUCTION INSPECTOR I1 SENIOR BUILDING MAINTENANCE WORKER
CRIME PREVENTION TECHNICIAN SENIOR CONSTRUCTION INSPECTOR
CUSTODIAN SENIOR PLANNER
CUSTODIAN I1 SENIOR RECEPTIONIST CASHIER
ENGINEERING TECHNICIAN I SITE MANAGER
ENGINEERING TECHNICIAN I1 STENO CLERK I
EQUIPMENT MECHANIC I STENO CLERK I1
EQUIPMENT MECHANIC I1 STOREKEEPER
EWIPMENT MECHANIC LEADWORKER STREET MAINTENANCE WORKER I1
EWIPMENT SERVICE WORKER STREET MAINTENANCE WORKER I11
EVIDENCE AND PROPERTY TECH. TECHNICIAN I
FIRE PREVENTION OFFICER I TREE TRIPMER I ,
FIRE PREVENTION OFFICER I1 TREE TRIMMER I1
FIRE PREVENTION OFFICER I11 TREE TRIMMER LEADWORKER
GRAPHIC ARTIST UTILITY MAINTENANCE WORKER I1
GRAPHICS TECHNICIAN UTILITY MAINTENANCE WORKER I11
HOUSING SPECIALIST I UTILITY SYSTMS OPERATOR I1
LIBRARIAN I UTILITY SYSTMS OPERATOR I11
LIBRARIAN I1 WORD PROCESSING OPERATOR I
LIBRARIAN I11 WORD PROCESSING OPERATOR I1
LIBRARY ASSISTANT I
LIBRARY ASSISTANT I1
LIBRARY ASSISTANT I11
MAINTENANCE ELECTRICIAN I
MAINTENANCE ELECTRICIAN I1 1-7-92
MAINTENANCE WORKER I
MESSENGER
METER READER/REPAIRER I
METER READER/REPAIRER I1
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APPENDIX A (EXHIBIT A)
BENEFITS RETAINED BY CMWD EMPLOYEES
A. Health Insurance
The City will provide employees and dependents with a choice of
ACWA-Blue Cross Prudent Buyer (Group No. 65460A), ACWA-
California Care (Group No. 59627A), or Kaiser (Group No. 4787-00)
health insurance. The City will provide either of the two ACWA
policies at no cost to the employee, and will contribute an amount
not to exceed the cost of the ACWA policy toward the Kaiser
program.
During the month of July 1992, the City shall hold an open
enrollment for the City’s health, dental, and vision insurance
programs. If an employee elects to enroll in the City’s health,
dental and/or vision insurance program(s), he/she is not eligible to
return to the current plan(s) as set forth above and below, and
thereafter may only participate in City sponsored plan(s).
B. Health Insurance for Retirees
The City will pay, after retirement of an employee, premiums for
existing medical coverage provided the employee has met the
following requirements:
1. Voluntarily retired after the age of 50 with no less than five
years of service, and whose age combined with years of
service equals 70 or more; or
Retired by having reached the mandatory retirement age
established under the State of California Public Employees’
Retirement System with no less than five years of service.
2.
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Medical coverage for the Retiree will be coordinated with Medicare
and other benefits provided by federal and state law, and will
thereby be reduced when the Retiree qualifies for those benefits.
Medical coverage for the spouse and dependents of a Retiree will be
coordinated with Medicare and other benefits provided by federal an
state law, and will thereby be reduced when the spouse qualifies fa
those benefits.
Upon death of the Retiree, health insurance coverage for the spouse
and dependents will be continued, provided the spouse keeps the Ci
informed of his/her name, address and marital status. In the event
such spouse remarries, his or her eligibility for such coverage
ceases immediately and shall be terminated. As used herein,
“spouse” shall mean the spouse of the employee at the time of the
employee’s retirement.
If the Retiree divorces, neither hidher new spouse nor his/her
former spouse will be eligible for coverage and it shall cease
immediately and be terminated. The former spouse would only be
eligible for continued health care coverage at his or her expense as
required under federal law.
C. Dental Insurance
The City shall provide employees and dependents with a dental plar
(Delta Care, Group No. 2692 or Delta Dental, Group No. 399-0139),
including orthodontia coverage for dependent children only, at no
cost to the employee.
D. Eve Care Plan
The City will provide employees and dependents with an eye care
plan (VSP, Plan C, Group No. 228049 A-R). The plan will provide a
reasonable amount of coverage at no cost to the employee.
2 Appendii
e e
E. Life lnsu rance
The City will provide the employee a group term life insurance
policy (American Bankers Life Assurance Company of Florida, Plan
No. 0670), which will provide protection of 1 x annual pay, up to a
maximum of $50,000 at no cost to the employee. The City also
provides Term Life Insurance and AD&D of $9,000.
F. Deferred Co m Densat i o n
The City has established a Deferred Compensation Plan which
employees may voluntarily participate in.
employee contributions up to a maximum of 7.5% of an employee’s
weekly earnings.
The City shall match
G. Overtime
Overtime shall be defined as work performed before or after the
regularly scheduled work day or work week. Work in addition to thc
regularly scheduled work day shall be paid at the rate of time and
one-half of an employee’s pay. In addition, all hours worked on
Sundays and holidays shall be paid at double time.
H. Standbv
Two employees shall be on standby at all times. Each such employt
shall remain on standby for a one week period and shall receive $11
per week for the standby period. The employee shall be compensat
in the normal manner for any work performed. Standby shall not bc
regarded as call back work.
3 Appendi:
e 0
I. Vacat ion
1. Earninas Rates
After completion of one year of employment, an employee will
be granted vacation time of 80 hours. An employee then begin
earning vacation at the rate of 3.08 hours per pay period.
After the completion of five continuous years of employment,
an employee will be granted vacation time at the rate of 4.62
hours per pay period. After completion of 10 continuous year!
of employment, an employee will be granted vacation at the
rate of 6.15 hours per pay period. After completion of 20
years of continuous service, an employee will be granted
vacation at the rate of 7.69 hours per pay period.
Carrvover of Unused Vacation Hours
Vacation time accumulation as of January 1 each year may be
permitted as follows:
Employees with less than 5 years service - 160 hours
Employees with 5 but less than 10 years service - 240 hours
Employees with 10 but less than 20 years service - 320 hour
Employees with 20 or more years of service - 400 hours
Effective January 1 of each year, vacation time in excess of
the above-mentioned hours will be eliminated.
2.
J. Sick Lea ve Buvbac k
1. An employee has the option of selling back to the City 100%
any accumulated sick leave in excess of 250 hours.
4 Appendi
e e
2. The City, at its discretion, may purchase any accumulated sic
leave from an employee.
K. Sick Lea ve at Term i n at ion
1. Petiremen t
Upon retirement in accordance with either the voluntary
service of compulsory service retirement provisions of
P.E.R.S., an employee will receive 50% of all accumulated sick
leave up to 250 hours. Any accumulated sick leave in excess
250 hours shall be reimbursable at 100%.
2. Death
Upon an employee’s death, while still employed, all
compensation due an employee will be paid to hidher
designated beneficiary.
vacation time, 50% of all sick leave up to 250 hours, and 1009
of sick leave in excess of 250 hours shall also be made.
Compensation for all accumulated
3. gischarae
The Department Head shall notify any such employees of
discharge in writing. All such discharged employees shall be
entitled to any normal compensation due, and shall receive al
accumulated vacation time due. If employed at least one year
an employee will receive 50% of all accumulated sick leave uc
to 250 hours and 100% of any sick leave in excess of 250
hours.
4- Jaux
Layoffs may be required due to lack of work, a decrease in or
loss of funds, or changing position requirements. Should
layoffs be required, they will be implemented by considering
5 Appendix 1
-8 e
an employee’s proficiency, productivity, length of employmen
attendance, and reliability. Such employees shall receive twc
weeks written notice of layoff. When layoff is anticipated to
exceed 14 days duration, the following shall apply: An
employee will be paid all accumulated vacation pay due. If
employed at least one year, an employee will receive 50% of
all accumulated sick leave in excess of 250 hours to be
reimbursable at 100%.
5. Pesianation
Employment may be terminated at will by an employee. If an
employee wishes to resign, the City desires a two (2) week
notice in writing. All accumulated vacation pay and sick leak
compensation will be paid upon resignation. if employed at
least one year, an employee will receive 50% of all
accumulated sick leave up to 250 hours. Any accumulated sic
leave in excess of 250 hours shall be reimbursable at 100%.
L. Lon a-Te rm
Long-term disability benefits shall be provided at 66-2/3% of pay,
with a minimum monthly benefit of $50 and maximum benefit of
$2,500.
D isa b i I it y
M. Lonaevitv Pav
Each classified regular employee will be eligible for longevity
allowance as follows:
After five (5) years of service in the same classification at E steF
an employee will be entitled to an allowance of 5% in addition to i
other regular pay, i.e. C.O.L.A., that an employee is entitled to. An
employee will then be placed at the L1 step. After an additional f
(5) years an employee will be entitled to a 2-1/2% increase in
6 Appendi)
e e
addition to any other regular pay that an employee is entitled to and
is then classified as an L2.
A $1,500 net award will be given every five (5) years thereafter to
an employee after he/she reaches L2.
N. Spec ial Merit for Educat ion
The City will continue a special merit award system to mutually
benefit employees and the City by stimulating and rewarding
employees for educational accomplishments.
recognizes accomplishments in terms of operator certification
according to the following:
This program
Grade Amount
one $ 150
Two $ 300
Three $ 500
Four $1,000
The decision to grant this lump-sum award shalf be made by an
employee’s supervisor, with approval by the Department Head. Thiz
is a one-time award .granted after obtaining the above certificate($
0. Credit U nion
The City will permit a payroll deduction bi-weekly for an employe(
if he/she wishes to avail himself/herself of the services of the Sa
Diego County Employees’ Credit Union. 1
P. Spec ial Housina Fac ilities
The City maintains a residence at Squires Dam. The purpose of thii
residence is to provide security for CMWD facilities. The followin1
conditions apply to employee assignment as caretaker:
7 Appendi]
* a
1. EmDlovee Status
The employee assigned as caretaker at Squires Dam shall be a
full-time permanent employee.
.. 2. rio ritv of Assianmnts
In the event of a vacancy at the caretaker residence, priority
of assignment shall be operations crew members first and
construction crew next. Within crew members, longevity wii
the City shall be the second criterion.
Sole Place o f Residence
The crew member assigned as caretaker shall maintain the
residence as his/her sole place of residence.
3.
thers Livina at Residence .. 4.
Only City employees and a reasonable number of persons who
constitute a bona fide single housekeeping unit shall be
allowed to reside at the house.
Pesponsibilities . ... 5.
The employee and not the City shall be responsible for the
general maintenance of the house and surrounding property.
The employee shall also be expected to provide security duri
nonworking hours by having themselves, a member of their
household or another City employee onsite four weeknights f
week and at least three weekends per month. The employee
shall be expected to respond to emergency situations to
include the chlorination facility, the hydroelectric facility i
the mobile chlorination equipment. The employee shall make
visual inspection of the entire site at least weekly and sha
repair any minor fence breaks. The employee shall drive a (
8 Appendi
e e
vehicle. No more than three private vehicles shall be kept at
the residence. No overtime or supplemental compensation
shall be paid for these duties.
6. Rent
The City shall charge an appropriate rent for the residence.
Said rent shall be established from time to time by the City.
The City shall furnish the water supply and electricity for thf
residence and the City employee shall be responsible for the
balance of the utilities. Upon change of resident, the City
shall have the propane tank filled and bill the outgoing
resident.
7. Firearms
The employee shall not carry any firearms in the performancc
of hidher duties as caretaker nor in City vehicles and shall
not discharge any firearms on City property.
8. Parties
The employee shall notify the Department Head in advance of
any party at the residence involving 15 or more people.
9. Pets
The employee shall be allowed to have only non-house pets at
any pets shall remain within the fenced portion of the prope
provided for this purpose. The employee may not keep pets
known to be vicious.
10. Term
The City maintains the right to change the assignment of the
caretaker responsibility based solely on determination of thc
9 Appendix
e e
City. it is the intent of this provision to create an at-will
tenancy. There shall be an annual review of the caretaker’s
performance with the Superintendent and General Manager
Q. No n - E I i a i b i I i ty
An employee shall not be eligible for the following benefits provide
by the City:
1. Compensatory time off accrual as set forth in Article 15,
Section 2 of the MOU with CCEA. An employee shall be eligibl
to accrue no more than 40 hours of such compensatory time.
Sick leave because of illness of a member of the immediate
family, Article 24, Section A (4) of the MOU with CCEA.
State disability insurance as provided by the State of
California, Article 36 of the MOU with CCEA.
2.
3.
10 A p pe n d i:
e e
APPENDIX B (EXHIBIT A)
Cm EMPLOYEE INFORMATION
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e e
APPENDIX B (EXHIBIT A)
CARLSBAD MUNICIPAL WATER DISTRICT Salary Schedule and Job Classification Effective No vember 12. 1991
CLASSIFICATION RANGE
General Manager Board Approved Superintendent Board Approved Administrative Manager Board Approved Engineering Manager Board Approved
Accountant 51
Administrative Analyst 48
Senior Systems Operator 40
Service Coordinator 38
Senior Const. & Maint. Worker 38 Storekeeper 38
Senior Engineering Technician 57 Senior Engineering Inspector 53
Const. & Maint. Supervisor 49 Systems Operations Supervisor 49
Engineering Technician 43
Engineering Technician 11 39
Executive Secretary 37 System Operator I1 37 Engineering Secretary 35 Equipment Operator 35 Facility Maint. Leadworker 35
Const. & Maint. Worker I1 32 Accounting Office Assistant 31 System Operator I 31
Const. & Maint. Worker I 29 Engineering Office Asst. II 23 Engineering Office Asst. I 19 Receptionist 15
Office Aideflntem $4.50-6.00/hour
0 APPENDIX B (EXHIBIT A)
0
CARLSBAD MUNICIPAL WATER DISTRICT
Salary Schedule and Job Classification
ctive November 12. 1991
Bi-Weeklv Salaries
~~ sW.3 swx STlzQ SELE SnLLLl-
$791.20 $827.20 $868.80 $890.40 15 $701.60 $729.60 $759.20
16 $715.20 $744.80 $775.20 $808.80 $841.60 $884.00 $906.40
17 $729.60 $759.20 $79 1.20 $827.20 $860.80 $904.00 $926.40
18 $744.80 $775.20 $808.80 $841.60 $879.20 $923.20 $946.40
19 $759.20 $79 1.20 $827.20 $860.80 $898.40 $943.20 $966.40
20 $775.20 $808.80 $841.60 $879.20 $920.00 $966.40 $990.40
21 $791.20 $827.20 $860.80 $898.40 $9 4 2.4 0 $989.60 $10 14.40
22 $808.80 $841.60 $879.20 $920.00 $962.40 $1010.40 $1036.00
23 $827.20 $860.80 $898.40 $942.40 $982.40 $1031.20 $1056.80
24 $841.60 $879.20 $920.00 $962.40 $1001.60 $1 052.00 $1078.40
25 $860.80 $898.40 $942.40 $982.40 $1024.80 $1 076.00 $1 103.20
26 $879.20 $920.00 $962.40 $1001.60 $1048.00 $1 100.80 $1128.00
27 $898.40 $942.40 $982.40 $1024.80 $1070.40 $1 124.00 $1152.00
$1001.60 $1 048.00 $1094.40 $1 148.80 $1177.60 28 $920.00 $962.40
29 $942.40 $982.40 $1024.80 $1070.40 $11 18.40 $1 174.40 $1204.00
30 $962.40 $100 1.60 $1 048.00 $1094.40 $1 142.40 $1 199.20 $1228.80
31 $982.40 $1024.80 $1070.40 $1118.40 $1 170.40 $1228.80 $1259.20
32 $1001.60 $1048 .OO $1094.40 $1 142.40 $1 194.40 $1 254.40 $1285.60
$122 1.60 $1 282.40 $1314.40 33 $1 024.80 $1 070.40 $1118.40 $1 170.40
$1252.00 $13 14.40 $1347.20 34 $1048.00 $1094.40 $1 142.40 $1 194.40
$1 170.40 $1221.60 $1279.20 $1343.20 $1376.80 35 $1070.40 $1118.40
36 $1094.40 $1 142.40 $1 194.40 $1252.00 $1307.20 $1372.80 $1407.20
37 $11 18.40 $1 170.40 $1 221.60 $1279.20 $133 8.40 $1405.60 $1440.80
$1252.00 $1307.20 $1367.20 $1435.20 $147 1.20 38 $1142.40 $1194.40
$1398.60 $1468.80 $1505.60 39 $1 170.40 $122 1.60 $1279.20 $1338.40
$1 506.40 $1 544.00 40 $1 194.40 $1252.00 $1307.20 $13 67.20 $1434.40
$145 6.00 $1528.80 $1 5 67.20 41 $1221.60 $1279.20 $1 338.40 $1398.60
$1367.20 $1434.40 $1484.00 $1558.40 $1597.60 42 $1252.00 $1307.20
43 $1279.20 $133 8.40 $1398.60 $1456.00 $1516.80 $1 592.80 $1632.87
$1663.20 44 $1307.20 $1367.20 $1434.40 $1484.00 $1544.80 $1 622.40
APPENDIX B (EXHIBIT A) 0
CARLSBAD MUNICIPAL WATER DISTRICT
Salary Schedule and Job Classification
Effective November 12. 1991
Bi-Weeklv SW
~~ sm3i s.mx SWLQ SnZE ~~
45 $1338.40 $1398.60 $1456.00 $1516.80 $1577.60 $1656.80 $1 698.40
$1484.00 $1544.80 $1608.00 $1688.80 $1731.20 46 $13 67.20 $1434.40
47 $1398.60 $145 6.00 $1516.80 $1577.60 $1640.00 $1722.40 $1765.60
48 $1434.40 $1484.00 $1 544.8 0 $1608.00 $1672.00 $1755.20 $1799.20
49 $1456.00 $1516.80 $1 577.60 $1 640.00 $1706.40 $1792.00 $1836.80
50 $1484.00 $1544.80 $1 608.00 $1672.00 $1740.80 $1828.00 $1873.60
$1577.60 $1640.00 $1706.40 $1776.00 $1864.80 $19 11.20 51 $15 16.80
$1608.00 $1 672.00 $1 740.80 $18 12.00 $1 902.40 $1949.60 52 $1544.80
$1706.40 $17 7 6 .OO $1 847.20 $1939.20 $19 88 .OO 53 $1577.60 $1 640.00
54 $1 608 .OO $1 672.00 $1740.80 $1812.00 $1888.00 $1 982.40 $203 2.00
55 $1640.00 $1706.40 $1776 .OO $1 847.20 $1920.80 $201 6.80 $2067.20
56 $1672.00 $1740.80 $18 12 .OO $1888.00 $196 1.60 $2060.00 $2111.20
$2000.80 $2 100.80 $21 53.60 57 $1706.40 $1 776.00 $1847.20 $1920.80
$1888.00 $1961.60 $2040.00 $2142.40 $2196.00 58 $1740.80 $18 12.00
59 $1776.00 $1847.20 $1920.80 $2000.80 $2079.20 $2 183.20 $2237.60
60 $18 12.00 $1888.00 $1961.60 $2040.00 $2120.80 $2227.20 $2283.20
$2079.20 $21 64.80 $2272.80 $2329.60 61 $1 847.20 $1920.80 $2000.8 0
$2040.00 $2120.80 $2206.40 $231 6.80 $2374.40 62 $18 88.00 $1961.60
$2364.00 $2423.20 63 $1920.80 $2000.80 $2079.20 $2 1 64.8 0 $225 1.20
$24 1 1.20 $2471.20 64 $1961.60 $2040.00 $2 120.80 $2206.40 $2296.00
II e
EXHIBIT B
PROVISIONS WHICH HAVE NOT BEEN AGREED UPON
(THIS REPRESENTS THE CITY'S LAST ONE YEAR PROPOSAL)
0 0
EXHIBIT B
TABLE OF CONTENTS
Article 3 Term .................................. Page 1
Article 4 Renegotiation ........................... Page 1
Article 5 Effective Dates ......................... Page 1
Article 6 Authorized Agents ....................... Page 2
Article 14 Compensation Adjustments ............... Page 3
Article 15 Overtime ............................... Page 3
Article 16 Working Out of Class .................... Page 6
Article 17 Injured on Duty ......................... Page 7
Article 22 Vacation ...............................P age 8
Article 23 Holidays ............................... Page 11
Article 24 Sick Leave .............................. Page 13
Article 25 Bereavement Leave ...................... Page 1 5
Article 26 Leave of Absence ........................ Page 1 5
Article 28 Jury Duty ............................... Page 18
Article 29 Rest Periods ............................ Page 18
Article 30 Late Starts ............................. Page 18
Article 32 Flexible Start Hours ..................... Page 18
Article 33 Flexible Work Schedule .................. Page 19
Article 34 Flexible Job Sharing ...................... Page 19
Article 35 Health Insurance ........................ Page 19
Article 40 Health Insurance for Retirees ............. Page 19
Article 41 Grievance Procedure ..................... Page 20
Article 42 Disciplinary Procedures .................. Page 26
Article 43 Alcohol and Drug Policy .................. Page 36
Article 44 Personnel Rules and Regulations .......... Page 41
Article 45 Air Quality Management District .......... Page 42
Article 46 Access to Information ................... Page 42
Article 50 Carlsbad Municipal Water District ......... Page 43
Article 51 Clerical Study .......................... Page 43
Article 52 Full Understanding, Modification & Waiver .. Page 43
Article 53 Provisions of Law ....................... Page 44
Article 56 Employer-Employee Organization Relations
Resolution .............................. Page 44
Article 57 Street Maintenance Worker II Job Spec ..... Page 44
0 0
Exhibit B
PROVISIONS WHICH HAVE NOT BEEN AGREED UPON
(THIS REPRESENTS THE CITY’S LAST PROPOSAL)
Article 3 Term [From Article 3 of 1989-91 M.O.U.]
The term of this Memorandum shall commence on the date when the term:
and conditions for its effectiveness, as set forth in implementation, are
fully met. This Memorandum shall expire and otherwise be fully
terminated at 1200 midnight on June 30, 1992.
Article 4 Reneaot iation
In the event either party desires to meet and confer in good faith on the
provision of a successor Memorandum, either party shall serve upon the
other party, during the period from December 1, 1991, to February 1,
1992, its written request to commence meeting and conferring in good
faith. Upon receipt of such written notice, meet and confer in good faith
shall begin no later than April 1, 1992.
Article 5 Effective Dateg [New Provision)
Effective January 15, 1992, the following provisions of Exhibit A to the
City’s Employer-Employee Relations Rules and Regulations are supersedc
by this M.O.U.:
Rule 111, Reasonable Time Off to Meet and Confer (page 9)
Rule IV, Access to Work Locations (page 10)
Rule V, Use of City Facilities (page 10)
Rule VI, Use of Bulletin Boards (page 11)
Rule VII, Availability of Data (page 12)
Rule VIII, Peaceful Performance of City Services (page 13)
Rule IX, Meet and Confer Meeting Rules (page 14)
Rule X, Management and Confidential Employees (page 15)
1
0 0
Effective January 15, 1992, the following provisions of the City Personr
Rules and Regulations shall be superseded by this M.O.U.:
Rule IV, Section 6
Rule IV, Section 7
Rule IV, Section 8
Rule X, Section 1
Rule X, Section 2 Annual Vacation
Rule X, Section 3 Annual Vacation
Rule X, Section 4 Determination of Vacation Benefits
Rule X, Section 5
Rule X, Section 6
Rule X, Section 7
Rule X, Section 8 Military Leave
Rule X, Section 9
Rule X, Section 10
Rule X, Section 11
Rule X, Section 14 Holiday
Rule X, Section 15
Rule XI, Section 7 Layoff
Rule XI, Section 8
Rule XI1 Grievance Procedures
Rule XIII, Section 2 incentive Pay
Rule XVI
Effective January 15, 1992, the following Administrative Orders shall be
superseded by this M.O.U.:
No. 9
No. 38
No. 49 Tool Allowance
Article 6 Author i zed Aaentg [From Article 17 of 1989-91 M.O.U.]
For the purpose of administering the terms and provisions of this
Memorandum of Understanding:
Out of Classification Compensation
Deferred Compensation
G ro up H ea1 t h /Acciden t
Attendance and Leaves
Sick Leave
Allowance for Occupation Sick Leave
Sick Leave Conversion
Jury Duty
Leave of Absence
Hours of Work
Ove rti me
Reduction in Force
Appeal to Personnel Board
Request for Leave of Absence Procedure
Fair Labor Standards Act
2
0 e
A. City’s principal authorized agent shall be the City Manager or a dul
authorized representative (Address: 1200 Carlsbad Village Drive,
Carlsbad, California 92008; Telephone (61 9) 434-2859), except
where a particular City representative is specifically designated i
connection with the performance of a specific function or obligatic
set forth herein.
CCEA authorized representative shall be its President or duly
authorized staff representative (Address: P.O. Box 2056, Carlsbad,
California 92008; Telephone (61 9) 729-81 28).
B.
Article 14 Compensation Ad iustmentg
Effective December 23, 1991, the base salary of each employee in each
classification represented by CCEA shall be increased by a general wage
increase of five and one-half percent (5.5%) as set forth in Appendix C.
Article 15 0 vertime [From Personnel Rule X, Section 15, and
Administrative Order #38]
1. Overtime
All employees required to perform in excess of 40 hours in a 7-da:
cycle and/or in excess of the employee’s normal work day shall
receive compensation at the rate of time and one-half his/her
regular rate of pay. The regular rate of pay shall include the
following components in addition to base salary:
1) Bilingual Pay
2) Longevity Pay
In determining an employee’s eligibility for overtime, paid and
unpaid leaves of absences shall be excluded from the total hours
worked. Also excluded are duty free lunches, travel time to and
from work, and time spent conducting bona fide volunteer activitie
Paid leave of absence includes, but is not limited to, the following
3
0 0
1) Vacation
2) Holiday Leave
3) Sick Leave
4) Administrative Leave
5) Compensatory leave
6) Workers’ Compensation Leave
7) Jury Duty
8) Bereavement Leave
9) Military Leave
There shall be no pyramiding of overtime. Hours worked by an
employee in any workday or workweek on which premium rates hav
once been allowed shall not be used again in any other overtime
calculation other than computing total actual hours worked.
Time worked shall be computed by rounding the nearest quarter of i
hour.
2. Compensatorv Time
In lieu of receiving overtime pay pursuant to Section 1 above, an
employee may elect, subject to department approval, to receive
compensatory time off on a time and one-half basis. No employee
shall accrue more than 80 hours of such compensatory time. Shoul
any employee exceed 80 hours of accrued compensatory time, he/sl
shall be paid at time and one-half hidher regular rate.
An employee may use such compensatory time within a reasonable
period after making the request if the use of compensatory time
does not unduly disrupt the operations of the department.
On December 1 of each year, an employee may elect to “cash out”
any portion of hidher accrued compensatory time at hidher regu
rate of pay. Notice shall be provided to the Human Resources
Department no later than November 15 of the employee’s election
“cash out” a portion of hidher accrued compensatory time. This
“cash out” shall be paid during the first pay period in December.
4
e m
3. Overtime Aut horizatio n
All overtime requests must have the prior authorization of a
supervisor prior to the commencement of such overtime work.
Where prior written authorization is not feasible, explicit verbal
authorization must be obtained. Calls for service beyond the end of
duty time are considered as authorized.
An employee’s failure to obtain prior approval may result in the
denial of the overtime request.
4. Clothes Cha naing -
Employees are not authorized to wear their uniforms or any part
thereof that is distinguishable as such unless on duty. Each
employee is provided with a locker for his/her own personal
convenience. An employee may or may not utilize the locker for
storage and changing purposes at hidher own discretion.
Nothing herein prevents an employee from wearing hidher uniform
to and/or from hidher residence to work.
Nothing herein prevents an employee from wearing his/her uniform
while conducting personal business during lunch time.
Time spent in changing clothes before or after a shift, is not
considered hours worked and is not compensable in any manner
whatsoever.
\
5. Trainina Time
Training time outside normally scheduled work hours shall be
compensated pursuant to Code of Federal Regulations (CFR), Sectio
785.27, d. m.
Travel time outside normally scheduled work hours shall be
compensated pursuant to CFR Section 785.33, a.m.
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When feasible, the Department will adjust the employee’s work
schedule to minimize the impact of travel and training time.
6. Vehicle Use (Agreed upon. See Exhibit A)
7. Call Bac k Pav (Agreed upon. See Exhibit A)
8. -
When an employee is physically called to court, while off duty,
he/she shall be credited on an hour for hour basis for the time
actually spent in court. An employee shall be credited with a
minimum of two (2) hours for the court appearance. Travel time
shall not be considered hours worked and shall not be compensated
in any manner whatsoever.
9. &@bv Pay (Agreed upon. See Exhibit A)
10. Shift Trades (Agreed upon. See Exhibit A)
11. b rlv Re lief (Agreed upon. See Exhibit A)
Article 16 Workina Out o f Classification [New Provision]
Whenever the needs of the City require an employee to temporarily
perform the duties of a higher classification than that in which the
employee is currently employed for a period of more than fifteen (15)
consecutive working days, the employee shall receive the salary rate of
the higher class in which he/she is performing the required duties. In
such cases, the employee shall be paid at an appropriate step of the sal;
schedule of the higher classification which will assure an increase of n
less than 5% greater than the salary of his/her current position, but in r
case shall such salary exceed the top salary step of the higher
classification. The higher salary rate payable shall commence on the
sixteenth working day following the temporary reassignment of the
performance of duties of the higher classification. The requirement foi
the performance of duties of the higher classification shall be placed ir
writing by the Human Resources Director following recommendation by
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affected Department Head. No employee shall be required to perform ar
of the duties of a higher classification unless that employee is deemed
possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department
Head.
The employee assigned to perform the duties of a higher classification
shall not serve for more than one hundred and eighty (180) calendar da!
in a higher classification unless approved by the City Manager.
A person appointed in an acting capacity shall be eligible to receive rn
increases in hidher regular position during the acting appointment bul
shall not be entitled to merit increases in the position which he/she h
in an acting capacity.
The Human Resources Director shall obtain the employee’s written
consent for the temporary performance of any of the duties of the high
classification beyond a period of fifteen (15) working days, prior to th
employee’s assuming or continuing the duties and compensation of a
higher classification, which consent shall clearly state that it is
understood that a reduction in salary shall be effected to his/her origii
salary rate upon the expiration of the need for the performance of the
duties of the higher classification.
Article 17 lniured o n Dutv [From Personnel Rule X, Section 61
Occupational Sick Leave is leave with pay that is granted to employees
who have sustained a work related injury or illness and are temporaril
disabled from work.
Any general employee that sustains a work related injury or illness ani
becomes temporarily disabled from work as a result, may receive thei
full salary, in lieu of the State mandated temporary disability benefit,
a period of up to 520 hours for any single incident. The periods of
temporary disability need not be continuous.
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Any aggravation of a pre-existing occupational injury or illness will be
treated as such and not as a new injury. In this situation, the employee
will not be entitled to any occupational sick leave benefit which exceeds
the original maximum of 520 hours.
The granting of occupational sick leave is subject to the employee
providing written verification of his/her disability status from the
treating physician.
physician or facility or the employee’s previously designated physician,
the payment of occupational sick leave may be withheld until such time i
the employee’s disability status is able to be verified by a City designatt
physician or facility.
An employee that is still temporarily disabled after the 520 hour
maximum benefit has been exhausted will be paid at the rate established
by the California Labor Code for such disabilities. However, the City sh;
supplement the State rate, up to the employee’s full salary level, by
utilizing any vacation, sick, or compensatory leave that the employee ha:
accrued. Once the employee’s accrued leave has been exhausted, the
employee will be compensated at the State rate for the balance of the
temporary disability period.
Wages alone will be the basis of computation for occupational sick leave
Any general employee who is temporarily disabled from work because of
work related injury or illness will continue to accrue sick leave and
vacation leave for the period of incapacitation that does not exceed 520
hours. However, once the maximum occupational sick leave benefit has
been exhausted (520 hours), the employee will no longer accrue sick or
vacation leave for the duration of hidher absence.
Article 22 Vacat ion [From Personnel Rule X, Sections 1,2,3, and 41
A. Basis of Acc rud
If the treating physician is not a City designated
Accrual of vacation begins with the first working day following
appointment and thereafter accrues on a bi-weekly basis. The
following shall be the annual vacation leave schedule.
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1 through 5 full calendar years of continuous service - 80 hours
6 through 10 full calendar years of continuous service - 120 hours
10 through 11 full calendar years of continuous service - 128 hour!
11 through 12 full calendar years of continuous service - 136 hour:
12 through 13 full calendar years of continuous service - 144 hour!
13 through 14 full calendar years of continuous service - 152 hour
14 through 15 full calendar years of continuous service - 152 hour
16 and over full calendar years of continuous service - 160 hours
B. Vacation Accrud
All employees shall be entitled to accrue vacation up to a maximur
of 232 hours. Department Heads shall encourage the taking of
accrued vacation leave. If for some specific reason an employee
wishes to accrue vacation leave in excess of the limits establishec
herein, he/she must submit a request in writing to his/her
department listing these reasons. The Department Head and City
Manager shall review and may grant such request if it is in the be:
interest of the City. The excess of the limit shall be determined b!
the Department Head and the City Manager. It is not the intent of
this section to penalize an employee who is not able to utilize
his/her accumulated vacation because of scheduling problems wit
the individual department.
Effects o f Holidav o n Vacation Leave
In the event one or more authorized municipal holidays falls withir
vacation leave, such holiday shall not be charged as vacation leave
but shall be credited as a holiday.
C.
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D. Fffect of leave of Absence on Awual of Vacation leave
The granting of any leave of absence without pay exceeding fifteen
(1 5) consecutive calendar days shall cause the employee’s annual
vacation earned during the calendar year to be reduced
proportionately for each month or major portion of a month that the
employee is on leave of absence without pay.
Compensation for City Work Du rina Vacation Proh i bited
No person shall be permitted to work for compensation for the City
in any capacity, except compensation for mandated court
appearances, during the time of his/her paid vacation leave from
City service.
employee from vacation in the event of an emergency and place
him/her on regular pay status.
E
This clause shall not limit the City’s right to recall a
F. Schedulina Vacations
An employee may take his/her annual vacation leave at any time
during the year, contingent upon determination by hidher
Department Head that such absence will not materially affect the
department. Each employee must consider the needs of the service
when requesting annual vacation leave. An employee shall normall]
provide one week notice in advance of the day(s) he/she is
requesting vacation time off. When a family emergency arises whil
necessitates the use of vacation time, an employee shall provide at
much advance notice as possible considering the particular
ci rcu rnstances.
G Jerminal VUon Pay
An employee with regular status separating from the City service
who has accrued vacation leave shall be entitled to terminal pay ir
lieu of such vacation. No leave credit will be earned on terminal
leave payments. When separation is caused by death of an employe
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payment shall be made to the estate of such employee or, in
applicable cases, as provided by the Probate Code of the State.
Article 23 Ho lidavg [From Personnel Rule X, Section 141
A. Authorized HolidayS
The City shall observe eleven (11) scheduled paid holidays plus one
(1) floating holiday for employees assigned to eight-hour-per-day
five-days-per-week workweeks, and nine (9) scheduled holidays pi
one (1) floating holiday for employees assigned to ten-hours-per-
day-four-days-per-week workweeks. The floating holiday may be
used at the discretion of the employee with prior approval of the
Department Head.
The scheduled paid holidays that will be official City holidays for
the term of this agreement shall be as follows:
New Year’s Day Columbus Day
Lincoln’s Birthday Veteran’s Day
Washing ton’s Birthday Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day
B. Procedu re if Holidav Falls on Satu rdav o r Sunday
For those employees whose normal work week is Monday through
Friday, when a holiday falls on a Saturday, the preceding Friday st
be observed as a holiday. When a holiday falls on a Sunday, the
following Monday shall be observed as a holiday.
The City shall annually develop and publish a holiday schedule whi
will identify the specific days on which the above holidays will bc
observed as official City holidays and which days will not be
observed for employees on ten- ho u rs-per-day-fo u r-day-per-week
workweeks.
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C. ees ReplUred to Work on Hol-
1. Any employee who shall be required to work on any holiday
which he/she is entitled to take off under the provisions
hereof shall receive compensation therefore at the rate of
time and one-half for actual hours worked plus eight (8) ho
of holiday pay (or ten (10) hours as applicable). All employ
who are entitled to be absent on any holiday, and who in fat
are absent, shall receive full compensation therefore at tht
straight time rate.
Those employees whose work schedules and assignment of
duties require him/her to work on an authorized holiday sh
receive eight (8) hours of holiday pay (or ten (10) hours as
applicable) for such work week at the same rate of pay at
which he/she is employed, in addition to hidher normal pa
for the time worked.
If a holiday occurs on a day which is the employee’s regula
day off he/she shall be entitled to holiday pay in the amour
eight (8), or ten (10) hours as applicable at straight time.
2.
3.
D. vees on InduSial leave
Employees on Worker’s Compensation Leave pursuant to Article 1
shall not be entitled to additional pay and/or additional time off
holidays which occur during the time an employee is on industri;
leave.
Effect o f Sick Lea ve on Holidav Pav
An employee whose work schedule and assignment of duties reqi
him/her to work on an authorized holiday and who calls in sick 01
that work shift shall be paid eight (8) hours (or ten (10) hours a$
applicable) of holiday pay and shall also be charged for the
appropriate use of sick leave.
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Article 24 Sick Leave [From Personnel Rule X, Sections 5 and 71
A. Accrual
Every probationary and regular full time employee shall accrue eigt
(8) hours sick leave, with pay for each calendar month of actual
continuous service dating from the commencement of said service,
with such time to be accrued on a bi-weekly basis. Such accruals
shall be cumulative. An employee shall not receive payment for
unused sick leave accumulated to his/her credit upon termination,
whether voluntary or involuntary.
Sick leave shall not be considered a right which an employee may
use at hidher discretion. Sick leave shall be allowed if:
1. Actual illness or disability makes it impossible for the
employee to perform hidher normal work assignments.
Exposure to contagious disease would jeopardize the health o
others. The term “contagious disease” means disease or
restriction of movement of the employee for a particular
period in accordance with regulations prescribed by the local
health authorities having jurisdiction. If no definite time
period is specified by the regulations, the period shall be
determined by the attending physician. When sick leave is
granted under these circumstances, an explanatory medical
certificate from the physician is required.
A prescheduled doctor, dental, or optometry appointment has
been approved by the employee’s direct supervisor.
Because illness of a member of the immediate family require
constant care and no other care is available and/or financial1
feasible except that of the employee.
defined in Article 25, Bereavement.
2.
‘ illness subject to quarantine or requiring isolation or
3.
4.
Immediate family is
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6- -
In order to receive compensation while absent from duty on sick
leave, the employee must notify hidher immediate supervisor pri
to the time set for the beginning of his/her regular duties. The
Department Head may request a certificate issued by a licensed
physician or other satisfactory proof of illness before sick leave
granted. The Department Head may also designate a licensed
physician to conduct a physical examination, and such examinatior
shall be conducted at City expense. Employees shall be required tc
complete a sick leave verification form when returning to work
after utilizing sick leave. Violation of sick leave privileges may
result in disciplinary action and/or loss of pay when in the opinior
of the Department Head the employee has abused such privileges.
c. 1
The granting of any leave of absence without pay exceeding fifteen
consecutive calendar days shall cause the employee’s normal rate
sick leave accumulation to be extended by the number of calendar
days for which such leave of absence has been granted less the fir
fifteen calendar days of such leave.
D. Blood Do nations
Employees making a donation of blood without charge will be given
reasonable time off for that purpose. No charge will be made
against annual or sick leave when such absence is approved in
advance by the supervisor.
E Fffect of Holidays
Holidays occurring during sick leave shall not be counted as sick
leave.
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F. Sick Lea ve Con version
Any permanent employee who has accrued and maintains a minimum
of one hundred (100) hours of sick leave shall be permitted to
convert up to twelve (12) days of accumulated uncompensated sick
leave to vacation at a ratio of three (3) sick leave days per one (1)
day of vacation. The sick leave conversion option will be provided
during the first week of each fiscal year.
Any permanent employee applying for retirement with the Public
Employees’ Retirement System may convert accrued and unused sic
leave time to extend service time in the system at the ratio of 25
days of accrued sick leave to one month of extended service.
Article 25 Bereave ment Lea ve (Agreed Upon. See Exhibit A)
Article 26 Lea ve of Abse nce [From Personnel Rule X, Section 101
1. Leave of Abse nce Without Pav
A. General Policv
Any employee may be granted a leave of absence without pay
pursuant to the recommendation of hidher Department Head
and the approval of the City Manager.
A leave without pay may be granted for any of the following
reasons :
1. Illness or disability.
2. To take a course of study which will increase the
employee’s usefulness on return to his/her position in
the City service.
For personal reasons acceptable to the City Manager ar
Department Head.
3.
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B. Autho rizat ion P roced u re
Requests for leave of absence without pay shall be made upor
forms prescribed by the City Manager and shall state
specifically the reason for the request, the date when the
leave is desired to begin, the probable date of return, and the
agreement to reimburse the City for any benefit premiums ps
by the City during the leave of absence. The request shall
normally be initiated by the employee, but may be initiated b
hislher Department Head, and, upon written recommendation
the Department Head that it be granted, modified or denied,
shall be promptly transmitted to the City Manager. A copy 01
any approved request for leave of absence without pay shall I
delivered promptly to the Directors of Finance and Human
Resources.
C. I enath of I ,eave and Extea
A leave of absence without pay may be made for a period not
exceed six months, unless otherwise approved by the City
Manager. The procedure for granting extensions shall be the
same as that in granting the original leave provided that the
request for extension is made no later than fourteen (14)
calendar days prior to the expiration of the original leave.
D. -
When an employee intends to return from an authorized leavc
of absence without pay either before or upon the expiration
such leave, he/she shall contact hidher Department Head a1
least fourteen (14) calendar days prior to the day he/she pls
to return. The Department Head shall promptly notify the C
Manager of the employee’s intention. The employee shall
return at a rate of pay not less than the rate at the time the
leave of absence began.
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E Leave Without Pa
An employee shall utilize all his/her compensatory time off,
vacation, and/or sick leave (if applicable) prior to taking an
authorized leave of absence without pay.
A prorata reduction of normal annual vacation and sick leave
accruals shall be applicable to an approved absence without
pay. Any absence without pay constitutes a break of
continuous service with the City. The granting of any leave
without pay exceeding 15 consecutive calendar days shall
cause the employee’s salary anniversary date and calculation
of full-time continuous service to be extended by the number
of calendar days for which such leave has been granted less
the first 15 days of such leave.
Leave Without Pay - Insurmce Payments and P~~v~~eQeS .. F.
An employee on leave without pay may continue hidher City
insurance benefits by reimbursing the City for the costs of
insurance on a monthly basis during the period of the leave.
Failure to reimburse the City for such benefits during the ter
of a leave of absence will result in the employee’s coverage
terminating on the first day following the month in which thc
last payment was received.
An employee on leave of absence without pay shall not have
of the privileges granted to regular employees.
2. Preanancv D isabilitv 1 ,ea V?
An employee disabled by pregnancy shall be allowed to utilize a
combination of accrued sick leave, vacation, compensatory time ai
leave without pay to take a leave for a reasonable period of time,
not to exceed four months. An employee shall utilize all accrued
leave prior to taking leave without pay. Reasonable period of time
means that period during which the employee is disabled on accou
of pregnancy, childbirth, or related conditions.
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An employee who plans to take a leave pursuant to this article shall
give the City reasonable notice of the date the leave shall commencc
and the estimated duration of the leave.
Article 28 Jurv Duty [From Personnel Rule X, Section 91
When called to jury duty, an employee, having provided at least five
working days written notice, shall be entitled to his/her regular
compensation.
their supervisor for assignment for the duration of the shift. Employees
shall be entitled to keep mileage reimbursement paid while on jury duty.
A Department Head may, at hidher sole discretion, contact the court and
request an exemption and/gr postponement of jury service on behalf of ai
employee.
Article 29 Rest Pe riods [New P rovis io n]
All CCEA represented employees shall receive, at the direction of the
respective department, two (2) fifteen (15) minute rest periods, one eac
approximately at the mid-point of each one-half shift. Employees worki
in the field shall take, at the direction of the department, rest periods a
or nearby the work site or return to their department for rest. Rest timc
is not cumulative beyond the half scheduled work day within which the
break period occurs.
Article 30 Late Starts [New Provision]
An employee who is tardy to work shall be docked pay at the discretion
the Department Head. Such docking shall be done in fifteen (15) minute
increments. An employee may not substitute accrued compensatory tim
vacation, holiday, or sick leave for the docked pay. Nor may the employ6
utilize a shortened break period or lunch period.
Article 32 Flexible Start Hou rg [New Provision] (Agreed upon. St
Exhibit A)
Employees released early from jury duty shall report to
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Article 33 Flexible Work Schedule [New Provision]
Employees hired on or after December 23, 1991, by departrnents/divisions
currently operating on an alternative work schedule shall be subject to
having their daily work schedule changed at the sole discretion of the
department. Such changes include, but are not limited to, a) number of
days/hours to be worked on a daily basis and in a payroll period; b) normal
days off; and c) startinglending times of assigned shifts. This article
shall not be subject to the grievance procedure.
Article 34 Flexible Job S harinq [New Provision] (Agreed upon. See
Exhibit A)
Article 35 Health Insurance [From Article 9 1989-91 M.O.U.]
A. The current plans known as “Kaiser” and “Northwestern” which
provide medical, dental and vision coverages for employees and the
dependents will continue to be available to employees during the
term of this Memorandum. If a change in insurance carrier is
necessary, as determined by the City, the City will notify CCEA.
B. Effective January 6, 1992, the following contribution schedule sha
be applied to the health plan premiums.
I ovee Contri bu ti QQ .. Monthlv .. Monthlv
urn Citv ContrtbutiqaS
Cateaorv Nwestern Kaiser Nwestern Kalser
7.06 Employee Only 184.47 129.99 11.62
Employee + I Dep. 41 4.94 259.99 41.20 14.1 1
Employee w/2 Dep. 530.25 368.16 66.01 19.97
/4rticle 40 Health I nsurance for Retirees [New Provision]
Employees who retire from the City, either service or disability, shall b
eligible to continue to participate in the City’s health insurance program
The cost of such health insurance for the employee, and eligible
dependents, shall be borne solely by the employee. The City shall not
charge the COBRA administrative cost to the retirees.
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In order to qualify for this benefit, the retiree must have a minimum of
five (5) years of City service and be a minimum of fifty (50) years of age.
The retiree must make arrangements with the City to prepay his/her
monthly premiums and must keep such payments current to ensure
con tin ued coverage.
A retiree who does not choose continued coverage upon retirement, or
drops coverage, is not eligible to return to the City’s health insurance
program.
Article 41 Grievance Procedu re [From Personnel Rule XI11
pef i n it ion
A “grievance” is a formal, written allegation by a grievant that he/she
has been adversely affected by an existing violation, misinterpretation c
misapplication of the specific provisions of the Memorandum of
Understanding and/or provisions of the Personnel Rules and Regulations.
grievance is not reviewable under this procedure if it is a matter which
would require the modification of a policy established by the City Counc
or by law, or is reviewable under some other administrative procedure
and/or rules of the City, such as:
(1 )
(2)
Procedu re
1. Jnformal Re-: Every effort shall be made to resolve a
Appeals from formal disciplinary proceeding.
Appeals from work performance evaluations.
grievance through discussion between the employee and his/her
immediate supervisor. It is the spirit and intent of this procedurc
that all grievances are settled quickly and fairly without subsequ
discrimination and/or reprisals against employees who may seek
adjust a grievance. Every effort should be made to find an
acceptable solution at the lowest level of supervision. Within
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fifteen (15) calendar days after a grievant knew, or by reasonable
diligence should have known, of the condition upon which a grievancc
may be based, the grievant shall attempt to resolve it by an informa
conference with the grievant’s immediate supervisor.
immediate supervisor shall give his/her response to the employee
within five (5) calendar days of the informal conference.
If the problem cannot be resolved between the employee and the
supervisor, the employee may, within seven (7) calendar days from
the date of receiving the answer from hidher supervisor, request ir
writing and be granted an interview with the division manager, if
one exists, in order to discuss the grievance.
If the division manager and employee cannot reach a solution to the
grievance, the employee may, within seven (7) calendar days from
the date of receiving the answer from the division manager, reques
in writing, and be granted an interview with the Department Head.
The Department Head shall render hidher decision in writing withi
fifteen (15) calendar days of receiving the appeal. If the Departme
Head and employee are unable to arrive at a satisfactory solution,
the employee may, within ten (10) calendar days from the date of
the decision by the Department Head, submit a written appeal to th
City Manager.
The employee’s request for hearing must be addressed to the Humai
Resources Director and received in the Human Resources Departme
so that same is date stamped by the Human Resources Department
within the 1 0-day period.
If, within the 10-day appeal period, the employee involved does nc
file said appeal, unless good cause for the failure is shown, the
action of the department shall be considered conclusive and shall
take effect as prescribed. If within the 10-day appeal period, the
employee involved files such notice of appeal by giving written
notice of appeal to the Human Resources Department, an appeal
hearing shall be established as follows:
The
2.
3.
4.
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A. Where practicable, the date for a hearing shall not be less than
20 calendar days, nor more than 60 calendar days, from the
date of the filing of the appeal with the Human Resources
Director. The parties may stipulate to a longer or shorter
period of time in which to hear the appeal. All interested
parties shall be notified in writing of the date, time, and placc
of hearing.
All hearings shall be private provided, however, that the
Personnel Board shall, at the request of the employee, open th
hearing to the public.
Subpoenas and subpoenas duces tecums pertaining to a hearin{
shall be issued at the request of either party, not less than
seven calendar days, prior to the commencement of such
hearing. After the commencement of such hearing, subpoenas
shall be issued only at the discretion of the Personnel Board.
The hearing need not be conducted in accordance with technic
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence on
which reasonable persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rules which might make improper
admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementi
or explaining any direct evidence but shall not be sufficient i
itself to support a finding unless it would be admissible ove
objection in civil actions.
effective to the same extent that they are now or hereafter
may be recognized in civil actions, and irrelevant and unduly
repetitious evidence shall be excluded. The Personnel Board
shall not be bound by technical rules of evidence. The
Personnel Board shall rule on the admission or exclusion of
evidence.
Each party shall have these rights: To be represented by leg
counsel or other person of hidher choice; to call and examir
B.
C.
D.
The rules of privilege shall be
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22
1) a
witnesses; to introduce evidence; to cross-examine opposing
witnesses on any matter relevant to the issues even though
that matter was not covered in the direct examination; to
impeach any witness regardless of which party first called
hirn/her to testify; and to rebut the evidence against him/her.
If the employee does not testify in hidher own behalf, he/she
may be called and examined as if under cross-examination.
Oral evidence shall be taken only on oath or affirmation. A
court reporter will be engaged to record the hearing, unless
the parties (City, Personnel Board, employee/employee
representative) mutually agree that same is not necessary.
The hearing shall proceed in the following order, unless the
Personnel Board, for special reason, otherwise directs:
1.
F.
The Grievant shall be permitted to make an opening
statement ;
The City shall then be permitted to make an opening
statement;
The Grievant shall produce the evidence on his/her part
the Grievant bears the burden of proof and burden of
producing evidence;
The City may then open its defense and offer its evider
in support thereof; the City bears the burden of proof a
the burden of producing evidence for any affirmative
defenses asserted;
The parties may then, in order, respectively offer
rebutting evidence only, unless the Personnel Board fo
good reason, permits them to offer evidence upon theii
original case;
Closing argument shall be permitted and written brief
may be permitted at the discretion of the Personnel
Board.
2.
3.
4.
5.
6.
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G The Personnel Board shall determine relevancy, weight, and
credibility of testimony and evidence. The Personnel Board
shall base its findings on the preponderance of evidence.
During the examination of a witness, all other witnesses,
except the parties, shall be excluded from the hearing unless
the Personnel Board, in its discretion, for good cause,
otherwise directs. No still photographs, moving pictures, or
television pictures shall be taken in the hearing chamber
during a hearing. The Personnel Board, prior to or during a
hearing, may grant a continuance for any reason it believes to
be important to reaching a fair and proper decision. The
Personnel Board shall render its judgement as soon after the
conclusion of the hearing as possible and in no event later thr
30 days after conducting the hearing. The decision shall set
forth which allegations, if ‘any, are sustained and the reasons
therefore.
conclusions. The opinion shall be advisory only.
The Personnel Board’s opinion and recommendation shall be
filed with the City Manager, with a copy sent to the Grievant
and the Human Resources Director and shall set forth its
findings and recommendations.
Within 30 days of the receipt of the Personnel Board’s findin
and recommendation, and transcript (which is optional only i
certain cases), whichever date is later, the City Manager sh,
adopt, amend, modify or reject the recommended findings,
conclusions, and/or opinions of the Personnel Board. Prior tc
making a decision which modifies or rejects the
recommendation of the Personnel Board, the City Manager SI
order and read the transcript of the hearing. Prior to making
decision which supports the Personnel Board, the City Mana!
may order and read the transcript, at his/her option. The Ci
Manager shall not conduct a de novo hearing. The City Manac
may, at hidher option, allow limited oral arguments and/or
may request and review written statements from either side
The decision of the City Manager shall be final and conclusiv
The opinion shall set forth findings of fact and
H
1.
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Copies of the City Manager’s decision, including the Personnel
Board’s recommendation(s) shall be filed where appropriate.
Each party shall bear equally the cost of facilities, fees and
expenses, including the court reporter and transcripts. Each
party shall bear its own witness and attorney fees. If either
party unilaterally cancels or postpones a scheduled hearing,
thereby resulting in a fee charged by the court reporter, then
the party responsible for the cancellation or postponement
shall be solely responsible for payment of that fee.
process shall not apply to mutual settlements by the parties
which result in a court reporter fee.
The provisions of Section 1094.6 of the Code of Civil
Procedure shall be applicable to proceedings under this
section.
J.
This
K.
5. If the time limits for employees’ appeals at any step should elapse
the grievance shall be considered withdrawn. Time limits may be
extended by mutual consent. If the City fails to respond within the
prescribed time limits, the grievance will be deemed to have been
denied and the employee may go to the next step. If the City Manac
fails to respond within the prescribed time limit, the grievance H
be deemed to have been denied and the employee will be deemed to
have exhausted hidher administrative remedy.
The employee may request the assistance of another person of
hidher own choosing in preparing and presenting hidher appeal a
any levels of review. In the event the employee desires the preser
of a representative who is an employee of the City, he/she shall
make such request through the supervisor and the supervisor shall
make the necessary arrangements for the employee representativc
to be present.
The employee and/or hidher representative may use a reasonable
amount of work time as determined by the appropriate supervisor
Department Head in presenting the appeal. However, no employee
shall absent himself/herself without first being excused by his/h
supervisor.
6.
7.
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8. No employee shall be required to be represented by an employee
organization in processing a grievance.
Employees shall be assured freedom from reprisal for using the
grievance procedures by both the City and the employee organizatior
The settlement terms of a grievance which is processed by an
employee individually or by an informally recognized employee
organization shall not conflict with the express provisions of a
Memorandum of Understanding between the City and the formally
recognized employee organization for such unit, if any.
A group grievance may be filed when one (1) set of circumstances a
occurrences affects more than one (1) employee in the same mannei
or to the same extent. The group may file one (1) document which
all members of the group have read and signed. Members of the groi
shall be limited to those who have signed the grievance. The
resolution of a group grievance may not be consistent among all
employees in the group grievance due to differences in the
circumstances or occurrences that brought about the grievance.
A group grievance affecting all members of an employee
organization may be brought by the employee organization itself.
such case the procedure shall be commenced directly at the City
Manager level within fifteen (1 5) working days after authorized
representatives of the employee organization knew or by reasonabl
diligence should have known of the condition giving rise to the
grievance and shall be subject to all applicable time limitations ar
the provisions set forth above.
9.
10.
11.
11
Article 42 Disciplinarv Procedu reg [From Personnel Rule XVI]
The tenure of every City employee shall be based on reasonable standarc
of personal conduct and job performance. Failure to meet such standard
shall be grounds for appropriate disciplinary action, which shall be
commensurate with the seriousness of the offense and with consideratic
26
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of the employee’s prior performance record. Grounds for discipline may
include but are not limited to the following:
A. Fraud in securing employment or making a materially false
statement on an application for employment or on any supporting
documents furnished with or made a part of any supporting
documents furnished with or made a part of any application.
Incompetency such as failure to comply with the minimum standard
for an employee’s position for a significant period of time.
Neglect of duty, such as failure to perform the duties required of ai
employee’s position.
B.
C.
D. Willful disobedience and insubordination such as a willful failure *
submit to duly appointed and acting supervision or to conform to
duly established orders or directions of persons in a supervisory
position.
E Dishonesty involving employment.
F. Being under the influence of alcohol or intoxicating drugs while on
duty without a prescription.
Addiction to or habitual use of alcoholic beverages, narcotics or a
habit forming drug.
G
H Inexcusable absence without leave.
1. Conviction of a crime or conduct constituting a violation of State
law.
Discourteous treatment of the public.
Improper or unauthorized use of City property.
Violation of the rules and regulations of any department.
J.
K.
L.
27
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M Refusal to subscribe to any oath or affirmation which is required by
law in connection with City employment.
Any act of conduct undertaken which, either during or outside of
duty hours, is of such a nature that it causes discredit to fall upon
the City, the employee’s department or division.
Failure to maintain proper decorum during working hours causing
discredit to the employee’s department or division.
N
Cl
P. Abuse of sick leave.
Q Knowingly failing to follow the procedures governing grievance whe
pursuing a grievance.
Inattention to duty, tardiness, indolence, carelessness or negligenc
in the care and handling of City property.
The employee’s failure to resolve a physical or mental infirmity(s)
or defect(s), when it is within the capacity of the employee to do s
Outside employment which conflicts with the employee’s position
and is not specifically authorized by the City Manager.
Acceptance from any source of any emolument, reward, gift or othi
form of remuneration in addition to the employee’s regular
compensation, as a personal benefit to the employee for actions
performed in the normal course of the employee’s assigned duties.
Falsification of any City report or record, or of any report or recoi
required to be, or, filed by the employee.
Violation of any of the provisions of the City Code, ordinances,
resolutions, or any rules, regulations or policies which may be
prescribed by the City Council, City Manager, department manager
supervisor.
R
S.
T.
U.
V.
W.
28
:io b
X Political activities precluded by State or Federal law.
Y. Other acts which are incompatible with service to the public.
. .. Des of Discidma
The following procedures shall be followed when, in the judgement of the
Department Head, an employee has committed an act or omission that
justified the disciplinary action indicated. Except for written
warnings/reprimands, the Department Head or hidher designee shall
advise employees of contemplated disciplinary actions in writing and
allow the employee an opportunity to respond to such charges prior to
taking action. When life, or employee safety, is endangered, or the self-
control of an employee is questionable, a supervisor shall take immediatl
action to reduce or eliminate the danger or to establish control. In case
an emergency, an employee shall have all of the rights set forth herein,
except the right to receive prior written notice of proposed disciplinary
action. The Human Resources Director must be contacted immediately.
The following outline describes the progressive discipline process,
beginning with informal counseling (which occurs when a potential
problem is first identified) and progressing through alternative actions
that increase in severity, if the problem persists. The choice of
alternative disciplinary actions will vary in accordance with the severi
of the performance problem, and will not necessarily follow the sequenc
as outlined herein.
1. Oral Warnina/Reorimand: When a performance or behavioral problc
is first identified, the problem should be discussed with the
employee, along with the steps that need to be taken in effort to
resolve the problem.
If counseling fails to produce the desired changes, oral
warnings/reprimands will be given by the supervisor.
warning verbally notifies the employee that performance must be
improved.
The oral
29
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If the employee fails to improve, more serious disciplinary action
will be taken.
2. Written Warn' ina/ReDrima nd: If the warningheprimand is in writinc
the Department Head shall give the employee a copy and forward a
copy to the Human Resources Director for review and retention in
the employee's personal history file. A written warningheprimand
shall contain a description of the events which necessitated the
action, specific expectations of change by the employee, and notice
of further action in the event a change by the employee does not
occur. An employee shall have the right to attach a written rebutta
Suspension: A Department Head may suspend an employee with or
without pay from hidher position. A pre-disciplinary suspension
shall be with pay. The appointing authority shall advise the Human
Resources Director in writing of such intended action and shall givc
a copy of such statement to the employee. The written statement
shall contain a description of the events which necessitated the
suspension, a statement of the charges, notification that the
employee may review and be provided with the materials leading tc
the suspension, the right of the employee to meet with the
appointing authority and/or to respond in writing within a
reasonable time frame to the charges, and notice of further action
the event a change by the employee does not occur. Unless extende
by approval of the City Manager on written recommendation of the
Department Head, the maximum period of suspension shall be thirt:
(30) calendar days. These procedures are pre-disciplinary in natur
Qemn or Reduction in Pav: A Department Head shall advise the
Human Resources Director in writing of his/her intention to demo1
or reduce the salary of an employee prior to taking such action. In
demoting an employee or reducing his/her salary, the Department
Head shall make a written notice and shall give a copy of said not'
for demotion or reduction in pay to the employee and forward a co
to the Human Resources Director for review and retention in the
employee's personal history file.
contain a description of the events which necessitated the demotr
a statement of the charges, notification that the employee may
30
3.
4.
The written statement shall
0 e
review and be provided with the materials leading to the demotion
or reduction in pay, the right of the employee to meet with the
appointing authority and/or respond in writing within a reasonable
time frame to the charges, and notice of further action in the ever
a change by the employee does not occur. These procedures are prc
disciplinary in nature.
5. IS^: A Department Head shall advise the Human Resources
Director in writing of his/her intention to dismiss an employee prl
to taking such action. In dismissing an employee, the Department
Head shall make a written notice and shall give a copy of said notic
of dismissal to the employee and forward a copy to the Human
Resources Director for review and retention in the employee’s
personal history file.
description of the events which necessitated the dismissal, a
statement of the charges, notification that the employee may revie
and be provided with the materials leading to the dismissal, and tht
right of the employee to meet with the appointing authority and/or
respond in writing within a reasonable time frame to the charges.
These procedures are pre-disciplinary in nature.
The written statement shall contain a
Notices
Written notices will be given to the employee in person whenever possiblc
and the employee signature obtained to indicate receipt. In the absence o
personal service, the notice may be sent by registered mail.
loyee’s Response
An employee’s opportunity to respond to the appointing authority is not
intended to be an adversary hearing. An employee has the right to have a
representative of his/her own choosing at the meeting. The employee neec
not be accorded the opportunity to cross-examine a department’s
witnesses, nor to present a formal case in opposition to the proposed
discipline. However, the limited nature of this response does not obviate
the appointing authority’s responsibility to initiate further investigation
if the employee’s version of the facts raises doubts as to the accuracy of
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the Department Head’s information leading to the discipline proposal. 1
employee may elect not to respond, thereby waiving any further pre-
disciplinary response.
The appointing authority, or hidher designee, will evaluate the proposc
discipline in light of the employee’s response, if any. Within five (5)
working days of the employee’s response, or deadline for response, a
decision will be transmitted in writing to the employee.
decision will be in person or by registered mail. -
Any permanent employee in the classified service shall have the right t
appeal any termination, suspension of forty (40) hours or more, reductil
in salary, or non-probationary demotion. The appeal process shall not b
applicable to those positions which may be deemed exempt or to
probationary employees. The appeal process shall not be applicable to
verbal and written reprimands, suspensions of less than forty (40) houi
probationary demotions, performance evaluations and denial of merit
increases.
An employee desiring to appeal the appointing authority’s decision sha
have ten (10) calendar days after receipt of the response to request a
hearing. The employee’s request for a hearing must be addressed to the
Human Resources Director and received in the Human Resources
Department so that same is date stamped by the Human Resources
Department within the 1 0-day period.
If, within the 10-day appeal period, the employee involved does not filc
said appeal, unless good cause for the failure is shown, the action of tF
appointing authority shall be considered conclusive and shall take effe
as prescribed. If within the 10-day appeal period, the employee involvt
files such notice of appeal by giving written notice of appeal to the Hur
Resources Department, an appeal hearing before the Personnel Board st
be established as follows:
A.
Service of the
Where practicable, the date for a hearing shall not be less than 21
calendar days, nor more than 60 calendar days, from the date of t
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filing of the appeal with the Human Resources Director. The parties
may stipulate to a longer or shorter period of time in which to hear
the appeal. All interested parties shall be notified in writing sf the
date, time, and place of hearing.
All hearings shall be private provided, however, that the Personnel
Board shall, at the request of the employee, open the hearing to the
public.
Subpoenas and subpoenas duces tecums pertaining to a hearing shal
be issued at the request of either party, not less than seven calend;
days, prior to the commencement of such hearing. After the
commencement of such hearing, subpoenas shall be issued only at
the discretion of the Personnel Board.
The hearing need not be conducted in accordance with technical rulc
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which reasonable persons
are accustomed to rely in the conduct of serious affairs, regardles:
of the existence of any common law or statutory rules which might
make improper admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in civil actions.
shall be effective to the same extent that they are now or hereaftt
may be recognized in civil actions, and irrelevant and unduly
repetitious evidence shall be excluded. The Personnel Board shall
not be bound by technical rules of evidence. The Personnel Board
shall rule on the admission or exclusion of evidence.
Each party shall have these rights: To be represented by legal
counsel or other person of his/her choice; to call and examine
witnesses; to introduce evidence; to cross-examine opposing
witnesses on any matter relevant to the issues even though that
matter was not covered in the direct examination; to impeach any
witness regardless of which party first called him/her to testify;
and to rebut the evidence against him/her. If the employee does n
B.
C.
D.
The rules of privilege
E
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testify in his/her own behalf, he/she may be called and examined as
if under cross-examination. Oral evidence shall be taken only on
oath or affirmation. A court reporter will be engaged to record the
hearing, unless the parties (City, Personnel Board,
employee/employee representative) mutually agree that same is no
necessary.
The hearing shall proceed in the following order, unless the
Personnel Board, for special reason, otherwise directs:
1.
F.
The party imposing discipline shall be permitted to make an
opening statement;
The appealing party shall then be permitted to make an openir
statement;
The party imposing disciplinary action shall produce the
evidence on hidher part; the City bears the burden of proof a
burden of producing evidence;
The party appealing from such disciplinary action may then
open hislher defense and offer his/her evidence in support
thereof; the employee bears the burden of proof and the burdc
of producing evidence for any affirmative defenses asserted;
The parties may then, in order, respectively offer rebutting
evidence only, unless the Personnel Board for good reason,
permits them to offer evidence upon their original case;
Closing argument shall be permitted and written briefs may
permitted at the discretion of the Personnel Board.
2.
3.
4.
5.
6.
G The Personnel Board shall determine relevancy, weight, and
credibility of testimony and evidence. Personnel Board shall base
its findings on the preponderance of evidence. During the
examination of a witness, all other witnesses, except the parties
shall be excluded from the hearing unless the Personnel Board, in
discretion, for good cause, otherwise directs. No still photograpt
moving pictures, or television pictures shall be taken in the heari
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chamber during a hearing. The Personnel Board, prior to or during
hearing, may grant a continuance for any reason it believes to be
important to reaching a fair and proper decision. The Personnel
Board shall render its judgement as soon after the conclusion of *
hearing as possible and in no event later than 30 days after
conducting the hearing. The decision shall set forth which charge
if any, are sustained and the reasons therefore. The opinion shall
set forth findings of fact and conclusions. The opinion shall be
advisory only.
The Personnel Board may recommend sustaining or rejecting any I
all of the charges filed against the employee. The Personnel Boar
may recommend sustaining, rejecting, or modifying the disciplin;
action invoked against the employee. The Personnel Board may nc
recommend discipline more stringent than issued by the appointir
authority .
The Personnel Board’s opinion and recommendation shall be filed
with the City Manager, with a copy sent to the charged employee,
the Human Resources Director and shall set forth its findings and
recommendations. If it is a dismissal hearing and a dismissal is
the Personnel Board’s recommendation, the opinion shall set fortt
the date the employee is recommended to be reinstated and/or ot
recommended action. The reinstatement date, if appropriate, may
any time on or after the date of disciplinary action.
Within 30 days of the receipt of the Personnel Board’s findings ar
recommendation, and transcript (which is optional only in certair
cases), whichever date is later, the City Manager shall adopt, amt
modify or reject the recommended findings, conclusions, and/or
opinions of the Personnel Board. Prior to making a decision whicl
modifies or rejects the recommendation of the Personnel Board, ’
City Manager shall order and read the transcript of the hearing.
Prior to making a decision which supports the Personnel Board, tt
City Manager may order and read the transcript, at hidher option.
The City Manager shall not conduct a de novo hearing. The City
Manager may, at his/her option, allow limited oral arguments an1
may request and review written statements from either side. Th
H
1.
35
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decision of the City Manager shall be final and conclusive. Copies
the City Manager’s decision, including the Personnel Board’s
recommendation(s) shall be filed where appropriate, including the
employee’s personnel file, unless no discipline is upheld by the Cit
Manager.
Each party shall bear equally the cost of facilities, fees and
expenses, including the court reporter and transcripts. Each party
shall bear its own witness and attorney fees.
unilaterally cancels or postpones a scheduled hearing, thereby
resulting in a fee charged by the court reporter, then the party
responsible for the cancellation or postponement shall be solely
responsible for payment of that fee. This process shall not apply tc
mutual settlements by the parties which result in a court reporter
fee.
In the case of suspension, demotion, reduction in salary, or
dismissal prescribed by the City Manager, the time of such
suspension, demotion or dismissal shall be effective from the first
day after such delivery of said decision or shall relate back to and
be effective as of the date the employee was disciplined from duty
pending hearing before and decision by the City Manager, whichever
is applicable. If discipline imposed resulted in toss of pay, and the
decision results in reduction or elimination of lass of pay, the pay
loss shall be restored to the employee based on the number of
standard work hours lost computed at his/her then base hourly rate,
J.
If either party
K.
L. The provisions of Section 1094.6 of the Code of Civil Procedure sha
be applicable to proceedings under this section.
Article 43 Alco hot and D rua Policv [New Provision]
1. poucy
It is the policy of the City of Carlsbad to have a work environment
free from the effects of drugs and alcohol.
36
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A. Def in itio nS
As used in this policy:
1. "Drug" means any substance which produces a physical,
mental, emotional or behavioral change in the user,
including but not limited to, prescription medications,
heroin, cocaine, morphine and its derivatives, P.C.P.,
methadone, barbiturates, amphetamines,
methamphetamines, alcohol, marijuana, and other
can n abi no ids.
"Workplace" means any site for the performance of work
including City premises, City vehicles, private vehicles
when used for City purposes, and any other site where a
employee is required to perform duties in connection
with City employment.
2.
B. Em? lovee Respo risibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture,
distribution, dispensation, possession or use of
alcohol or drugs nor be under the influence of
alcohol or drugs in the workplace or while on-call
b. notify their supervisors, before beginning work,
when taking any medication or drugs, prescription
or non-prescription (over-the-counter
medications), which may interfere with their safe
and effective performance of duties or operation (
City equipment;
submit to an alcohol and drug analysis and remain
on the premises when requested to do so by City
management, acting pursuant to this policy, or by
law enforcement personnel;
c.
37
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d. notify the City of any conviction under a criminal
drug statute (including any pleas of nolo
contendere), if such conviction was based on a
violation which occurred in the workplace, no latei
than five days after such conviction;
(notification under this subsection does not relievc
an employee from the disciplinary consequences 01
the conduct upon which a criminal conviction is
based); and
abide b,y all terms of this policy. e.
2. Off-duty involvement with any controlled substance,
including but not limited to manufacture, distribution,
dispensation, possession, use, or any conviction under a
criminal drug statute, may result in disciplinary action
up to and including termination if there is any connectic
between such off-duty involvement and the employee's
employment with the City.
C. Emplover Sea rches
For the purpose of enforcing this policy and maintaining a dr
free workplace, the City reserves the right to search, with o
without prior notice to the employee, all work areas and
property in which the City maintains full or joint control wi
the employee, including but not limited to City vehicles, des
lockers, file cabinets, and bookshelves. These areas remain
part of the workplace context even if the employee has plact
personal items in them. Employees are discouraged from
placing and storing personal papers and effects in work area
and property under full or joint City control.
38
*
D. Con sea ue nces o f Violation of Policy
1. Failure to abide by the terms of this policy shall be
grounds for disciplinary action, up to and including
termination.
In addition to any disciplinary action, an employee who
fails to abide by this policy may also be required to
satisfactorily participate in an approved alcohol or
substance abuse assistance or rehabilitation program, a
employee's expense.
2.
11. DRUG A ND ALCOHOL ANALYSIS
A. Pre-emdovment Drua a nd Alcohol Analvsis
1. Prior to receiving an offer of employment, an otherwise
successful candidate must submit to a drug and alcohol
analysis. At the City's discretion, this analysis may be
in the form of "breathalizer," urine, or blood analysis.
Persons whose results are positive for either drugs or
alcohol will be rejected for City employment.
2.
B. Fmdovee 0 rua - a nd Alcohol Analvsis
1. If a manager or supervisor of the City has reasonable
suspicion that an employee is under the influence of
drugs or alcohol while in the workplace or subject to
duty, the employee shall be:
a.
b.
Prevented from engaging in other work; and
Required to submit to a drug and alcohol analysis
At the City's discretion, this analysis may be in
form of "breathalizer," urine, or blood analysis.
An employee may also be required to remain on t' c.
39
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premises for a reasonable time until arrangements
can be made to transport the employee to his or her
home.
2. "Reasonable suspicion" is a belief based on objective
facts sufficient to lead a reasonably prudent supervisor
that an employee is under the influence of drugs or
alcohol so the employee's ability to perform his/her job
safely is reduced. Some examples of incidents that may
constitute reasonable suspicion are:
a. Slurred speech.
b. Alcohol odor on breath.
c. Unsteady walking and movement.
d.
e. Physical altercation.
f. Verbal altercation.
9. Unusual behavior.
h.
i.
An accident involving City property.
Possession of alcohol or drugs.
Information obtained from a reliable person with
personal knowledge.
3. Refusal to remain on the premises or to submit to a drL
and alcohol analysis when requested to do so by City
management or by law enforcement officers shall
constitute insubordination and shall be grounds for
discipline, up to and including termination.
A drug and alcohol analysis may test for the presence
any drug which could impair an employee's ability to
4.
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effectively and safely perform the functions of his or hc
job.
A positive result from a drug and alcohol analysis may
result in disciplinary action, up to and including
termination.
5.
Ill. PI OYFE ASSISTANCF PROGRAM
A. The City has a well established voluntary Employee Assistanc
Program (EAP) to assist employees who seek help for
substance abuse problems. The EAP is available for
assessment, referral to treatment, and follow-up. Any
employee of the City wishing confidential assistance for a
possible alcohol or drug problem can call the EAP office and
arrange for an appointment with a counselor. The EAP progra
is provided by Compro and can be reached by calling
758-6800.
B. Employees who are concerned about their alcohol or drug use
are strongly encouraged to voluntarily seek assistance throuc
the EAP. All self-referral contacts are held in confidence by
the EAP.
Participation in the employee assistance program will not
replace normal disciplinary procedures for unsatisfactory jo
performance or for violation of any City policy.
C.
Article 44 Personnel RI ues a n d R eauato 1 i n s [New Provision]
During the term of this Memorandum, the parties will meet and confer o
revised Personnel Rules and Regulations. Nothing herein shall preclude
implementation of revised Personnel Rules and Regulations upon
completion of the meet and confer process.
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Article 45 Air Qua litv Manaaement District f N ew P rov i si o n]
During the term of this Memorandum, the parties will meet and confer on
requirements imposed by the Air Quality Management District. Nothing
herein shall preclude implementation of such requirements upon
completion of the meet and confer process.
Article 46 Access to Information [From current Employer-Employer
0 rd i nance .]
The City will make available to CCEA such nonconfidential information
pertaining to employment relations as is contained in the public records
of the City, subject to the limitations and conditions set forth in this
article and Government Code Section 6250-6260.
Such information shall be made available during regular office hours in
accordance with the City’s rules and procedures for making public record!
available and after payment of reasonable costs, where applicable.
Information which shall be made available to CCEA includes regularly
published data covering subjects under discussion. Data collected on a
promise to keep its source confidential may be made available in
statistical summaries, but shall not be made available in such form as to
disclose the source.
Nothing in this article shall be construed as requiring the City to do
research for an inquirer or to do programming or assemble data in a
manner other than usually done by the City.
Nothing in this article shall be construed to require disclosure of records
that are:
(1) Personnel, medical and similar files, the disclosure of which would
constitute an unwarranted invasion of personal privacy or be
contrary to merit system principles;
Working papers or memoranda which are not retained in the ordinary
course of business or any records where the public interest served
(2)
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by not making the record available clearly outweighs the public
interest served by disclosure of the record;
Records pertaining to pending litigation to which the City is a part
or to claims or appeals which have not been settled.
(3)
Article 50 Carlsbad MuniciDal Water District (Agreed upon. See
Exhibit A)
Article 51 Clerical Study [New Provision] (Agreed upon.
See Exhibit A)
Article 52 Full Understandina. Modification. & Waiver [Article
16 from 1989-91 M.O.U.]
It is intended that this agreement sets forth the full and entire
understanding of the parties regarding the matters set forth herein, and
any other prior or existing understanding or agreements by the parties,
whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that
CCEA hereto voluntarily and unqualifiedly waives its right, and agrees
that the City shall not be required to negotiate with respect to any
subject or matter covered herein during the term of this agreement.
Any agreement, alteration, understanding, variation, waiver, or
modification of any of the terms or provisions contained herein shall not
be binding upon the parties hereto unless made and executed in writing bi
all parties hereto and, if required, approved and implemented by the City
Council.
The waiver of any breach, term or condition of this agreement by either
party shall not constitute a precedent in the future enforcement of all itl
terms and provisions.
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Article 53 Prov isions of Law [Article 18 of 1989-91 M.O.U.]
It is understood and agreed that this Memorandum of Understanding is
subject to all current and future applicable federal and state laws,
federal and state regulations. If any part or provision of the Memoranc
of Understanding is in conflict or inconsistent with such above applic;
laws, rules and regulations, or is otherwise held to be invalid or
unenforceable by any tribunal or competent jurisdiction, such part or
provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of this Memorandum of Understanding :
not be affected thereby.
Article 56 em plover-Em Dlovee 0 raan izat ion Re tat ions
Pesolut ion
The Employer-Employee Organization Relations Resolution, attached ar
incorporated as Appendix D, shall be adopted at a future date by the Ci
article 57 Street Maintenance Worker II Job Spec if icat ion. 1 Provision]
The requirement of a Class A driver’s license shall be added as minimi
qualification .
44
e APPENDIX C (EXHIBIT E) *
SALARY SCHEDULE - MISCELLANEOUS EMPLOYEES
BBhu;E N 88hIG
ACCOUNT CLERK I I
ACCOUNT CLERK I1 15 MICRWCMPUTER SPECIALIST 51
ACCOUNTANT 58 MINUTES CLERK 3:
ACCOUNTING SUPERVISOR 44 PARK MAINTENANCE SPECIALIST 3'
ASSISTANT ENGINEER 74 PARK MAINTENANCE WORKER I1 21
ASSOCIATE ENGINEER 91 PARK DEVELOPMENT COORDINATOR a ASSISTANT PLANNER 64 PARK MAINTENANCE WORKER I11 31
ASSDCIATE PLANNER 78 PERMIT CLERK
BUILDING INSPECTOR I 55 PLANNING TECHNICIAN I 3
BUILDING MAINTENANCE WORKER I 27 POLICE RECORDS CLERK I 1
BUILDING MAINTENANCE WORKER I1 39 POLICE RECORDS CLERK I1 21
BUILDING TECHNICIAN I1 50 PRXRAMEWANALY ST 7
BUYER 42 PROGRAMEWOPERATOR c
CLERK TYPIST I 1 RECEPTIONIST/CASHIER
CLERK TYPIST I1 4 RECREATION SPECIALIST
CODE ENFORCEMENT OFFICER I 43 RECREATION SUPERVISOR I 4
CODE ENFORCEKENT OFFICER I1 55 RECREATION SUPERVISOR I1 5
CCMPENSATION TECHNICIAN 53 SECRETARY I i
CONSTRUCTION INSPECTOR I 55 SECRETARY I1
CONSTRUCTION INSPECTOR I1 70 SENIOR BUILDING INSPECTOR E
CRIME PREVENTION TECHNICIAN 31 SENIOR BUILDING MAINTENANCE WORKER 4
CUSTODIAN 1 SENIOR CONSTRUCTION INSPECTOR E
CUSTODIAN I1 12 SENIOR PLANNER 5
ENGINEERING TECHNICIAN I 35 SENIOR RECEPTIONIST CASHIER
ENGINEERING TECHNICIAN I1 50 SITE MANAGER
EQUIPMENT MECHANIC I 34 STENO CLERK I
EQUIPMENT MECHANIC I1 40 STENO CLERK 11
EWIPMENT MECHANIC LEADWORKER 52 STOREKEEPER
EQUIPMENT SERVICE WORKER 18 STREET MAINTENANCE WORKER I1
EVIDENCE AND PROPERTY TECH. 11 STREET MAINTENANCE WORKER I11
FIRE PREVENTION OFFICER I 38 TECHNICIAN I
FIRE PREVENTION OFFICER I1 63
FIRE PREVENTION OFFICER I11 71 TREE TRIMMER I1
GRAPHIC ARTIST 24 TREE TRIMMER LEADWORKER
GRAPHICS TECHNICIAN 24 UTILITY MAINTENANCE WORKER I1
HOUSING SPECIALIST I 46 UTILITY MAINTENANCE WORKER I11
LIBRARIAN I 38 UTILITY SYSTMS OPERATOR I1
LIBRARIAN I1 53 UTILITY SYSTEMS OPERATOR I11
LIBRARIAN I11 68 WORD PROCESSING OPERATOR I
LIBRARY ASSISTANT I 24 WORD PROCESSING OPERATOR I1
LIBRARY ASSISTANT I1 35
LIBRARY ASSISTANT I11 48
MAINTENANCE ELECTRICIAN I 34
MAINTENANCE ELECTRICIAN I1 38
MAINTENANCE WORKER I 12 1-7-92
MESSENGER 1
METER READER/REPAIRER I 18
METER READER/REPAIRER I1 27
BUILDING INSPECTOR I1 70 PLANNING TECHNICIAN I1 51
TREE TRIFMER I
@PPENDIX C (EXHIBIT B) 0
THE CITY OF CARLSBAD
MISCELLANEOUS SALARY SCHEDULE
BIWEEKLY SALARIES
(Effective December 23. 1991) €lwGE= Slu33 s!lZG STEP D STEP_ERaNGE
1 $706.38 $741.70 $778.79 $81 7.73 $858.62 1
2 $71 3.44 $749.1 1 $786.57 $825.90 $867.20 2
3 $720.57 $756.60 $794.43 $834.1 5 $875.86 3
4 $727.78 $764.17 $802.38 $842.50 $884.63 4
11111,111,,~111111111111111111111 $73$.0e 11,1,,1 I, ,1111,111 1111,1111111 $771.81 11111111111111,1111111110111 $81 8111111111 0.40 11111l11111111111111t $850.92 111111~11111111~1111lllll~lllllll $893.47 111111111111~l11~111Ill~lliellllllkll~ll~l 5
6 $742.41 $779.53 $81 8.51 $859.44 $902.41 6
7 $749.83 $787.32 $826.69 $868.02 $91 1.42 7
8 $757.33 $795.20 $834.96 $876.71 $920.55 8
9 $764.90 $803.15 $843.31 $885.48 $929.75 9
10 $772.55 $81 1.18 $851.74 $894.33 $939.05 10
11 $780.28 $819.29 $860.25 $903.26 $948.42 11
12 $788.08 $827.48 $868.85 $91 2.29 $957.90 12
13 $795.96 $835.76 $877.55 $921.43 $967.50 13
14 $803.92 $844.1 2 $886.33 $930.65 $977.1 8 1 4
15 $81 1.96 $852.56 $895.1 9 $939.95 $986.9$ 15
16 $820.08 $861.08 $904.1 3 $949.34 $996.81 1 6
17 $828.28 $869.69 $913.17 $958.83 $1,006.77 17
18 $836.56 $878.39 $922.31 $968.43 $1,016.85 1 8
19 $844.93 $887.1 8 $931.54 $978.1 2 $1,027.03 1 9
20 $859.38 $896.05 $940.85 $987.89 $1 037.28 20
21 $861.91 $905.01 $950.26 $997.77 $1,047.66 2 1
22 $870.53 $914.06 $959.76 $1,007.75 $1,058.14 22
23 $879.24 $923.20 $969.36 $1,017.83 $1,068.72 23
24 $888.03 $932.43 $979.05 $1,028.00 $1,079.40 24
25 $896.91 $941.76 $988.85 $1,038.29 $1,090.20 25
26 $905.88 $951.1 7 $998.73 $1,048.67 $1,101.1 0 26
27 $91 4.94 $960.69 $1,008.72 $1,059.1 6 $1,112.1 2 27
28 $924.09 $970.29 $1,018.80 $1,069.74 $1,123.23 28
29 $933.33 $980.00 $1,029.00 $1,080.45 $1,134.47 29
31 $952.09 $999.69 $1,049.67 $1,102.1 5 $1,157.26 3 1
32 $961.61 $1,009.69 $1,060.1 7 $1,1 13.1 8 $1,168.84 3 2
33 $971.23 $1,019.79 $1,070.78 $1,124.32 $1,180.54 33
34 $980.94 $1,029.99 $1,081.49 $1,135.56 $1,192.34 34
35 ?$
36 $1,000.66 $1,050.69 $1,103.22 $1,158.38 $1,216.30 36
37 $1,010.67 $1,061.20 $1,114.26 $1 ,169.97 $1,228.47 37
38 $1,020.78 $1,071.82 $1,125.41 $1,181.68 $1,240.76 38
39 $1,030.99 $1,082.54 $1,136.67 $1,193.50 $1,253.1 8 39
............................. 40 $1 ................................ 041.30 $1 .,llld.1lillO,l,l1.111111111(1 093.37 $1 1111111111(111(11(1)1111(11.1.(11 148.04 $1 1111111(.11.1(111111)111(111.111 205.44 $1 1(.1161('~(1.)1.11..1.111(1)11)11111.)1(*~~*~~~ 265.71 40
4 1 $1,051.71 $1,104.30 $1,159.52 $1,217.50 $1,278.38 4 1
42 $1,062.23 $1,115.34 $1,171.1 1 $1,229.67 $1,291.15 42
43 $1,072.85 $1,126.49 $1 ,182.81 $1,241.95 $1,304.05 43
44 $1,083.58 $1,137.76 $1,194.65 $1,254.38 $1,317.10 44
45 45
46 $1,105.36 $1,160.63 $1,218.66 $1,279.59 $1,343.57 46
................................... ................................. 1,11111 ......................... ,,,1111111111111110)11111111)11 111111111~1111,11,,11111(11111111 1111111111,11111,1,1(11(1111111111111111~~
................................... ................................. ,,',,,,,,I,,,,, I ,,,,,,,,,,,,,,,, ,,,llill.l1lll,i1l'lllllllllllll 1111111111111101,1111)1111(11111 ~01~11011111,111, 111111,111,0111,1111,
1,111, I,,,,, I ...................... ,,,,,,,,,, ...................... 111111111l1, .................... 1111111111111111111111111111110 11111111111111111i11lllllll ll~lll~lllIllllllklll1111111111111(1111(1~~~~ll~
................................... 1,111 ~,,,,,,,,,,,,,I ,,,,,,,,,,,, I 1111,4.11,,,,,,,,,,, 1,111,111.11 11,0111'1111111111(.,,,,,, (OW 11111(.1('1111(1111.)1(1(1 11*1t1 1~01111~111~11.1.11111)1(1111)11111(111~
................................... 30 $942.66 ................................. $989.79 111111111 ,,,,,,,,,, .1,1111 $1,039.28 ,1111, 1111(1)1111111111111llllll $1,091.24 *11.1 11111111111,1111111.llllll $1,145.80 141111 .1..(.11111,11111(1(111))1111111111(01(, 30
$990.79 $1 040.29 $1 092.30 $1 146.92 $1 204.27
,,1,,ll11,1,,,,,,,,,l,l,,lll,,,,,,, 1111111,1l,,,,,,,111 ,,Ill, ,,,,,,~,,,,,,11,,1,,lllll ,1111, 1'111111'11111111111l,,,,,,lIlll~ 11111Z11111111111111l*ll~l~~~Il~ 11111111~~~~~,1,11~10)11( 111 111*1l1
$1 094.42 $1 149.14 $1 206.60 $1 266.93 $1 330.28 1111,11111,1,,1,1111(111111(11 ll~,lbll~ol~lllllllllll)llllll ~~~I~A~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~.~ll)~~~~~(llll~,,,,,~~~~~~~~ o~~.1~~~~o~~o~~~~(1lill1li1ll ~~~~~/~~~~~~~~~~~~~)11111111(o11.11~~~~~~~~
kPENDIX C (EXHIBIT B) 0
THE CITY OF CARLSBAD
MISCELLANEOUS SALARY SCHEDULE
BIWEEKLY SALARIES
{Effective December 23. 1991)
~~ SEE3 2sEEs SEm ~~ 47 $1,116.41 $1,172.23 $1,230.84 $1,292.38 $1,357.00 47
48 $1,127.57 $1,183.95 $1,243.15 $1,305.31 $1,370.58 48
49 $1,138.85 $1,195.79 $1,255.58 $1,318.36 $1,384.28 49
50 $1 150.24 $1 207.75 $1 268.14 $1 331.55 $1 398.13 50
5 1 $1 ,I 61.74 $1,219.83 $1,280.82 $1,344.86 $1,412.1 0 5 1
52 $1,173.36 $1,232.03 $1,293.63 $1,358.31 $1,42623 52
53 $1,185.09 $1,244.34 $1,306.56 $1,371.89 $1,440.48 53
54 $1,196.94 $1,256.79 $1,319.63 $1,385.61 $1,454.89 54
55 $1 208.91 $1 269.36 $1 332.83 $1 399.47 $1 469.44 55 ............................. lll,,I,lll,l,,,ll,,,,,,,,,,,.,,, I,.l~l~,l,llll,lllllllll(lllll(. Illll,lllllllllllltl(ll(ll(llllll ,111~1111111~111,11111(11(11101 11111~\111110~11111II)II1Io1I1)((IIIu~~,l.~~ 56 $1,221 .OO $1,282.05 $1,346:15 $1,413.46 $1,484.13 56
57 $1,233.21 $1,294.87 $1,359.61 $1,427.59 $1,498.97 57
58 $1,245.54 $1,307.82 $1,373.21 $1,441.87 $1,513.96 58
59 $1,258.00 $1,320.90 $1,386.95 $1,456.30 $1,529.12 59
6 1 $1,283.29 $1,347.45 $1,414.82 $1,485.56 $1,559.84 6 1
62 $1,296.1 2 $1,360.93 $1,428.98 $1,500.43 $1,575.45 62
63 $1,309.08 $1,374.53 $1,443.26 $131 5.42 $1,591.1 9 63
64 $1,322.1 7 $1,388.28 $1,457.69 $1,530.57 $1,607.1 0 64
65 $1 335.39 $1 402.16 $1 472.27 $1 545.88 $1 623.17 65
66 $1,348.74 $1,416.1 8 $1,486.99 $f ,561.34 $1,639.41 66
67 $1,362.23 $1,430.34 $1,501.86 $1,576.95 $1,655.80 67
68 $1,375.85 $1,444.64 $131 6.87 $1,592.71 $1,672.35 68
69 $1,389.61 $1,459.09 $1,532.04 $1,608.64 $1,689.07 69
70 $1 403.51 $1 473.69 $1 547.37 $1 624.74 $1 705.98 70
7 1 $1,417.55 $1,488.43 $1,562.85 $1,640.99 $1,723.04 7 1
72 $1,431.73 $1,503.32 $1,578.49 $1,657.41 $1,740.28 72
73 $1,446.05 $131 8.35 $1,594.27 $1,673.98 $1,757.68 73
74 $1,460.51 $1,533.54 $1,610.22 $1,690.73 $1,775.27 74
75 $1 475.12 $1 548.88 $1 626.32 $1 707.64 $1 793.02 75
76 $1,489.87 $1,564.36 $1,642.58 $1,724.71 $1,810.95 76
77 $1,504.77 $1,580.01 $1,659.01 $1,741.96 $1,829.06 77
78 $1,519.82 $1,595.81 $1,675.60 $1 ,759.38 $1,847.35 78
79 $1,535.02 $1,611.77 $1,692.36 $1,776.98 $1,865.83 79
80 $1 550.37 $1 627.89 $1 709.28 $1 794.74 $1 884.48 80
8 1 $1,565.87 $1,644.1 6 $1,726.37 $1,812.69 $1,903.32 8 1
82 $1,581.53 $1,660.61 $1,743.64 $1,830.82 $1,922.36 82
83 $1,597.35 $1,677.22 $1,761.08 $1,849.13 $1,941.59 83
84 $1,613.32 $1,693.99 $1,778.69 $1,867.62 $1,961 .OO 84
85 $1 629.45 $1 710.92 $1 796.47 $1 886.29 $1 980.60 85
86 $1,645.74 $1,728.03 $1,814.43 $1,905.1 5 $2,000.41 8 6
87 $1,662.20 $1,745.31 $1,832.58 $1,924.21 $2,020.42 87
88 $1,678.82 $1,762.76 $1,850.90 $1,943.45 $2,040.62 88
89 $1,695.61 $1,780.39 $1,869.41 $1,962.88 $2,061.02 89
90
9 1 $1,729.70 $1,816.1 9 $1,907.00 $2,002.35 $2,102.47 9 1
.............................. ,,1llf,111,1,111,1,11111)(111111 1,1116111111111111,11(111111111 ,,111,11111111.11111111((11111111 111'11,11.111111.11110111.11 110(1~1.)1111(11(.)11)11110111.1111(11~~~,.',~
,*11,,,,,,l,,*,l11,,,,,,,,,,, 60 $1 l,,,,i,,,,,,,,,,l,,,I1IHll(llli 270.58 $1 l,lll,$lllllllllIl,llillllltllll 334.11. $1 1111111111111111 40Q.82 1111111111111111 $1 ,ll~lb,,lll~,1l1llllllll 470.8q 111111 $1 laalll$l 944.49 1111111111111111 1110111111 $0 111111lll11
* ............................. 1,111 i,,, ,,,,,,,,,,, 11111111110 111"1\1111,,111111,'.,','',,,,, 1111.,1,'11~11..111,01(1.1 ................................ 1111~6~~~1~1*110~1*1111)1111(111)1(11(1lll~1*~
~~~(~~~~~~~~~~~~~(1~11(11)((11 lilllb111111.1111111111111)1((1 1)111~1)11111(11111(11(11(1111. (111111,1111111111)1101111(1111) 11(1.?1.11)11(1111111111111.10 111111~11'111,11..1(((1..11111..111)11.1~,,,,~D,
~~~~,,,~)~~,,,~~~~)(11111(1)11 1liiibilliiir,liiii111111111111 111116111111111)(11111111((1111 111~11~11111111e111111111(1111111 11111~11111~11111111l~~~~~llll~~ llllll~lIlk1llIlllll11111o1((11111lllllll
............................. ' "(,,~,,',,,,,,",,,) ),,,,,,,,,, ,,,,,, t ,,,,,,, 1111111,1,111*1111 1llllJ1111~11111111Il.LIIIII.II. *#n8*I,,,, ,,.,, I ,,,,, I, I,.,, 111, l,.,ll\l,llll,lolllllllloll(lll)ll,,
11,,,1,11,,1,111,,1111111111)( )l(llblllllllllO,(l,,,,,,,,,,, ~~~~~~\~~~~~~~~~~(~~111101 ~~~~~~~~~~~~111~~~181~I~ii~~~~~~~ ................................ Il(*d~ll)~~l)~l~l~.l)..l(O1lll((llll(~*@l~~~~
$1 712.57 $1 798.20 $1 888.11 $1 982.52 $2 Oq1.65 ,,,,,,,,,, 9,9 ,,,,,,,,,,, I,, ,,,,,I ,,,,,,,,,,,,,,,, lllllllllt 1111,,~1111111111111l,,,,,,I,,l, ,,,,,,l,ll~lllllllllllillllllllll llllllli 11111l111111 11111l1111 111111111111 11111111111111111l11I'' 11""111"
0 0
APPENDIX D (EXHIBIT B)
EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD:
Article I - - Ge neral Provisions
See. 1. -
This Resolution implements Chapter 10, Division 4, Title 1 of the
Government Code of .the State of California (Sections 3500 et seq.)
captioned “Local Public Employee Organizations,” by providing orderly
procedures for the administration of employer-employee relations
between the City and its employee organizations. However, nothing
contained herein shall be deemed to supersede the provisions of State lai
City ordinances, resolutions and rules which establish and regulate the
merit and civil service system, or which provide for other methods of
ad m i n is te ring em p I o ye r- e m p I o y ee re I at i o n s . T h i s R eso I uti o n i s i n te n d ed ,
instead, to strengthen merit, civil service and other methods of
administering employer-employee relations through the establishment 01
uniform and orderly methods of communications between employees,
employee organizations and the City.
It is the purpose of this Resolution to provide procedures for
meeting and conferring in good faith with Recognized Employee
Organizations regarding matters that directly affect and primarily invoh
the wages, hours and other terms and conditions of employment of
employees in appropriate units and that are not preempted by Federal or
State law. However, nothing herein shall be construed to restrict any
legal or inherent exclusive City rights with respect to matters of gener;
legislative or managerial policy, which include among others: The
exclusive right to determine the mission of its constituent departments,
commissions and boards; set standards of service; determine the
procedures and standards of selection for employment; direct its
employees; take disciplinary action; relieve its employees from duty
because of lack of work or for other lawful reasons; maintain the
efficiency of governmental operations; determine the methods, means ai
personnel by which governmental operations are to be conducted; take a
1 Appendix
e 0
necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology
of performing its work.
Sec. 2.
As used in this Resolution, the following terms shall have the
meanings indicated:
a. “Appropriate Unit” means a unit of employee classes or
positions, established pursuant to Article II hereof.
b. “City” means the City of Carlsbad, and, where
appropriate herein, refers to the City Council or any duly authorized City
representative as herein defined.
C. “Confidential Employee” means an employee who, in the
course of his or her duties, has access to confidential information
relating to the City’s administration of employer-employee relations.
d. “ConsultKonsultation in Good Faith” means to
communicate orally or in writing for the purpose of presenting and
obtaining views or advising of intended actions; and, as distinguished
from meeting and conferring in good faith regarding matters within the
required scope of such meet and confer process, does not involve an
exchange of proposals and counterproposals with an exclusively
recognized employee organization in an endeavor to reach agreement in 1
form of a Memorandum of Understanding, nor is it subject to Article IV
hereof.
e. “Day” means calendar day unless expressly stated
otherwise.
f. “Employee Relations Officer” means the City Manager I
his/her duly authorized representative.
9. “Impasse” means that the representatives of the City
and a Recognized Employee Organization have reached a point in their
2 Appendi
0 0
meeting and conferring in good faith where their differences on matter:
to be included in a Memorandum of Understanding, and concerning which
they are required to meet and confer, remain so substantial and prolong
that further meeting and conferring would be futile.
h. “Management Employee’’ means an employee having
responsibility for formulating, administering or managing the
implementation of City policies and programs, including but not limited
the following positions:
Administrative aide;
Administrative analyst - water district;
Administrative assistant I;
Administrative assistant 11;
Assistant city attorney;
Assistant city manager;
Assistant finance director;
Assistant general manager - water district;
Assistant library director;
Building and planning director;
Central services director ;
City attorney;
City engineer;
City manager;
Community redevelopment manager;
District engineer - water district;
Executive assistant;
Fire battalion chief;
Fire chief;
General manager - water district;
Human resources director;
Land use planning manager:
Library director;
Maintenance director;
Parks and recreation director;
Parks superintendent;
Police captain;
Police chief;
3 Append
e e
Po lice I ieutenant;
Principal civil engineer;
Principal planner;
Pu rc hasi n g off ice r ;
Research and analysis manager;
Recreation superintendent;
Street maintenance superintendent;
Superintendent - water district;
Uti I ities director;
Utilities maintenance superintendent.
i. “Proof of Employee Support” means (1 ) an authorization
card recently signed and personally dated by an employee, or (2) a verifiel
authorization petition or petitions recently signed and personally dated b
an employee, or (3) employee dues deduction authorization, using the
payroll register for the period immediately prior to the date a petition is
filed hereunder, except that dues deduction authorizations for more than
one employee organization for the account of any one employee shall not
be considered as proof of employee support for any employee organization
The only authorization which shall be considered as proof of employee
support hereunder shall be the authorization last signed by an employee.
The words “recently signed” shall mean within one hundred eighty (180)
days prior to the filing of a petition.
1- “Exclusively Recognized Employee Organization” means
an employee organization which has been formally acknowledged by the
City as the sole employee organization representing the employees in an
appropriate representation unit pursuant to Article II hereof, having the
exclusive right to meet and confer in good faith concerning statutorily
required subjects pertaining to unit employees, and thereby assuming the
corresponding obligation of fairly representing such employees.
k. “Supervisory Employee” means any employee having
authority, in the interest of the City, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward, or discipline other employees,
or responsibly to direct them, or to adjust their grievances, or effective11
to recommend such action if, in connection with the foregoing, the
4 Appendix C
I) 0
exercise of such authority is not of a merely routine or clerical nature,
but requires the use of independent judgement.
Sec. 3. Filina of Recoa - nition Petition bv E mplovee 0 raanirati(
An employee organization that seeks to be formally acknowledged
the Exclusively Recognized Employee Organization representing the
employees in an appropriate unit shall file a petition with the Employe1
Relations Officer containing the following information and documentat
a.
b. Names and titles of its officers.
c.
Name and address of the employee organization.
Names of employee organization representatives who are
authorized to speak on behalf of the organization.
d. A statement that the employee organization has, as one of
primary purposes, the responsibility of representing employees in thei
employment relations with the City.
e. A statement whether the employee organization is a chapte
of, or affiliated directly or indirectly in any manner, with a local,
regional, state, national or international organization, and, if so, the ni
and address of each such other organization.
f .
and bylaws.
g.
Certified copies of the employee organization’s constitutio
A designation of those persons, not exceeding two in numbc
and their addresses, to whom notice sent by regular United States mai
will be deemed sufficient notice on the employee organization for any
purpose.
5 Append
1. m
h. A statement that the employee organization has no restrictior
on membership based on race, color, creed, sex, national origin, age,
physical disability, religious belief, marital status, political opinions or
aff i I iatio ns.
i. The job classifications or position titles of employees in the
unit claimed to be appropriate and the approximate number of member
employees therein.
j. A statement that the employee organization has in its
possession proof of employee support as herein defined to establish that I
majority of the employees in the unit claimed to be appropriate have
designated the employee organization to represent them in their
employment relations with the City. Such written proof shall be
submitted for confirmation to the Employee Relations Officer or to a
mutually agreed upon disinterested third party.
k. A request that the Employee Relations Officer formally
acknowledge the petitioner as the Exclusively Recognized Employee
Organization representing the employees in the unit claimed to be
appropriate for the purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all
accompanying documentation, shall be declared to be true, correct and
complete, under penalty of perjury, by the duly authorized officer@) of tt
employee organization executing it.
Sec. 4.
Upon receipt of the Petition, the Employee Relations Officer shall
Citv Respo nse to Recoa nition Petition.
determine whether:
a. There has been compliance with the requirements of the
Recognition Petition, and
b. The proposed representation unit is an appropriate unit in
accordance with Sec. 8 of this Article 11.
6 Appendix
w e
If an affirmative determination is made by the Employee Relations
Officer on the foregoing two matters, he/she shall so inform the
petitioning employee organization, shall give written notice of such
request for recognition tcr the employees in the unit and shall take no
action on said request for thirty (30) days thereafter. If either of the
foregoing matters are not affirmatively determined, the Employee
Relations Officer shall offer to consult thereon with such petitioning
employee organization and, if such determination thereafter remains
unchanged, shall inform that organization of the reasons therefor in
writing. The petitioning employee organization may appeal such
determination in accordance with Section 11 of this Resolution.
Sec. 5.
Within thirty (30) days of the date written notice was given to
affected employees that a valid recognition petition for an appropriate
unit has been filed, any other employee organization may file a cornpetin!
request to be formally acknowledged as the exclusively recognized
employee organization of the employees in the same or in an overlapping
unit (one which corresponds with respect to some but not all the
classifications or positions set forth in the recognition petition being
challenged), by filing a petition evidencing proof of employee support in
the unit claimed to be appropriate of at least thirty (30) percent and
otherwise in the same form and manner as set forth in Sec. 3 of this
Article II.
overlapping unit, the Employee Relations Officer shall call for a hearing c
such overlapping petitions for the purpose of ascertaining the more
appropriate unit, at which time the petitioning employee organizations
shall be heard. Thereafter, the Employee Relations Officer shall
.determine the appropriate unit or units in accordance with the standards
in Sec. 8 of this Article 11. The petitioning employee organizations shall
have fifteen (15) days from the date notice of such unit determination is
communicated to them by the Employee Relations Officer to amend their
petitions to conform to such determination or to appeal such
determination pursuant to Sec. 11 of this Article II.
Open Period for Filina Challenaina Petition.
If such challenging petition seeks establishment of an
7 Appendix [
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Sec. 6. Elect ion Procedu re.
The Employee Relations Officer shall arrange for a secret ballot
election to be conducted by a party agreed to by the Employee Relations
Officer and the concerned employee organization(s), in accordance with
its rules and procedures subject to the provisions of this Resolution. All
employee organizations who have duly submitted petitions which have
been determined to be in conformance with this Article II shall be
included on the ballot. The ballot shall also reserve to employees the
choice of representing themselves individually in their employment
relations with the City. Employees entitled to vote in such election shall
be those persons employed in regular permanent positions within the
designated appropriate unit who were employed during the pay period
immediately prior to the date which ended at least fifteen (15) days
before the date the election commences, including those who did not wor
during such period because of illness, vacation or other authorized leaver
of absence; and who are employed by the City in the same unit on the dat
of the election. An employee organization shall be formally acknowledge
as the Exclusively Recognized Employee Organization for the designated
appropriate unit following an election or run-off election if it received i
numerical majority of all valid votes cast in the election. In an election
involving three or more choices, where none of the choices receives a
majority of the valid votes cast, a run-off election shall be conducted
between the two choices receiving the largest number of valid votes cas
the rules governing an initial election being applicable to a run-off
elect ion .
There shall be no more than one valid election under this Resolutio
pursuant to any petition in a 12-month period affecting the same unit.
In the event that the parties are unable to agree on a third party tc
conduct an election, the election shall be conducted by the State
Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the
City and by each employee organization appearing on the ballot.
8 Ap pe ndi:
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Procedu re for Decertification of Exclusivelv Recoa nized .. Sec. 7.
Dlovee Or-
A Decertification Petition alleging that the incumbent Exclusively
Recognized Employee Organization no longer represents a majority of the
employees in an established appropriate unit may be filed with the
Employee Relations Officer only during the month of March of any year
following the first full year of recognition or during the thirty (30) day
period commencing one hundred twenty (120) days prior to the terminatic
date of a Memorandum of Understanding then having been in effect less
than three (3) years, whichever occurs later. A Decertification Petition
may be filed by two or more employees or their representative, or an
employee organization, and shall contain the following information and
documentation declared by the duly authorized signatory under penalty 0’
perjury to be true, correct and complete.
a. The name, address and telephone number of the petitioner and
designated representative authorized to receive notices or requests for
further information.
b. The name of the established appropriate unit and of the
incumbent Exclusively Recognized Employee Organization sought to be
decertified as the representative of that unit.
c. An allegation that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees
in the appropriate unit, and any other relevant and material facts relatir
thereto.
d. Proof of employee support that at least thirty (30) percent c
the employees in the established appropriate unit no longer desire to be
represented by the incumbent Exclusively Recognized Employee
Organization.
Employee Relations Officer or to a mutually agreed upon disinterested
third party within the time limits specified in the first paragraph of th
Sect ion .
Such proof shall be submitted for confirmation to the
9 Appendi:
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An employee organization may, in satisfaction of the Decertificatio
Petition requirements hereunder, file a Petition under this section in the
form of a Recognition Petition that evidences proof of employee support
of at least thirty (30) percent that includes the allegation and informatio
required under paragraph (c.) of this Section 7, and otherwise conforms tc
the requirements of Section 3 of this Article.
The Employee Relations Officer shall initially determine whether
the Petition has been filed in compliance with the applicable provisions 1
this Article II. If hidher determination is in the negative, he/she shall
offer to consult thereon with the representative(s) of such petitioning
employees or employee organization and, if such determination thereafte
remains unchanged, shall return such Petition to the employees or
employee organization with a statement of the reasons therefor in
writing. The petitioning employees or employee organization may appeal
such determination in accordance with Sec. 10 of this Article II. If the
determination of the Employee Relations Officer is in the affirmative, or
if hidher negative determination is reversed on appeal, he/she shall givc
written notice of such Decertification or Recognition Petition to the
incumbent Exclusively Recognized Employee Organization and to unit
employees.
The Employee Relations Officer shall thereupon arrange for a secrf
ballot election to be held on or about fifteen (15) days after such notice
determine the wishes of unit employees as to the question of
decertification and, if a Recognition Petition was duly filed hereunder, t
question of representation. Such election shall be conducted in
conformance with Sec. 6 of this Article II.
During the “open period’’ specified in the first paragraph of this Se
7, the Employee Relations Officer may on his/her own motion, when
he/she has reason to believe that a majority of unit employees no longer
wish to be represented by the incumbent Exclusively Recognized Employc
Organization, give notice to that organization and all unit employees thi
he/she will arrange for an election to determine that issue. In such eve
any other employee organization may within fifteen (15) days of such
notice file a Recognition Petition in accordance with this Sec. 7, which
the Employee Relations Officer shall act on in accordance with this Sec.
10 Append ii
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If, pursuant to this Sec. 7, a different employee cirganization is
formally acknowledged as the Exclusively Recognized Eimployee
Organization, such organization shall be bound by all the terms and
conditions of any Memorandum of Understanding then in effect for its
remai n ing term.
Sec. 8. Policv a nd Sta ndards for Dete rmination of Appropriate
Units.
The policy objectives in determining the appropriateness of units
shall be the effect of a proposed unit on (1) the efficient operations of tt
City and its compatibility with the primary responsibility of the City an(
its employees to effectively and economically serve the public, and (2)
providing employees with effective representation based on recognized
community of interest considerations. These policy objectives require
that the appropriate unit shall be the broadest feasible grouping of
positions that share an identifiable community of interest.
considered shall be:
Factors to bt
a. Similarity of the general kinds of work performed, types of
qualifications required, and the general working conditiions.
History of representation in the City and similar employment;
except however, that no unit shall be deemed to be an appropriate unit
solely on the basis of the extent to which employees in the proposed uni
have organized.
b.
c.
d.
Consistency with the organizational patterns of the City.
Number of employees and classifications, arid the effect on tl
administration of employer-employee relations created by the
fragmentation of classifications and proliferation of units.
e. Effect on the classification structure and impact on the
stability of the employer-employee relationship of dividing a single or
related classifications among two or more units.
11 Appendix
a .I
Notwithstanding the foregoing provisions of this Section,
managerial, supervisory and confidential responsibilities, as defined in
Sec. 2 of this Resolution, are determining factors in establishing
appropriate units hereunder, and therefore managerial, supervisory and
confidential employees may only be included in a unit consisting solely c
managerial, supervisory or confidential employees respectively.
Managerial, supervisory and confidential employees may not represent ar
employee organization which represents other employeles.
The Employee Relations Officer shall, after notice to and
consultation with affected employee organizations, allocate new
classifications or positions, delete eliminated classifications or
positions, and retain, reallocate or delete modified classifications or
positions from units in accordance with the provisions of this Section.
Procedu re for Modification of Estab lished Aporopriate Sec. 9.
Units.
Requests by employee organizations for modifications of establisht
appropriate units may be considered by the Employee Relations Officer
only during the period specified in Sec. 7 of this Article It. Such request
shall be submitted in the form of a Recognition Petition and, in addition
the requirements set forth in Sec. 3 of this Article, shall contain a
complete statement of all relevant facts and citations in support of the
proposed modified unit in terms of the policies and standards set forth ir
Sec. 8 hereof. The Employee Relations Officer shall process such petitior
as other Recognition Petitions under this Article II.
The Employee Relations Officer may on his/her own motion propose durin(
the period specified in Sec. 7 of this Article that an established unit be
modified. The Employee Relations Officer shall give written notice of thc
proposed modification(s) to any affected employee organization and shall
hold a meeting concerning the proposed modification(s), at which time al
affected employee organizations shall be heard. Thereadter the Employee
Relations Officer shall determine the composition of the appropriate unil
or units in accordance with Sec. 8 of this Article II, and shall give writte
notice of such determination to the affected employee organizations. The
Employee Relations Officer’s determination may be appeialed as provided
12 Appendix I
0 v
in Section 11 of this Article. If a unit is modified pursuant to the motior
of the Employee Relations Officer hereunder, employee organizations may
thereafter file Recognition Petitions seeking to become the Exclusively
Recognized Employee Organization for such new appropriate unit or units
pursuant to Sec. 3 hereof.
Sec. 10. Procedu re for Affiliation or Disaffiliation of Establishe
romate Units,
Requests by employee organizations for affiliation or disaffiliatior
of established appropriate units may be considered by the Employee
Relations Officer only during the period specified in Sec. 7 or this Articl
II. Such requests shall be submitted in the form of a Recognition Petitior
The Employee Relations Officer shall process such petitions as other
Recognition Petitions under this Article II.
Sec. 11. &peal&
An employee organization aggrieved by an approplriate unit
determination of the Employee Relations Officer under this Article II ma
within ten (10) days of notice thereof, request the intervention of the
California State Conciliation Service pursuant to Government Code
Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter appeal
such determination to the City Council for final decision within fifteen
(15) days of notice of the Employee Relations Officer’s determination or
the termination of proceedings pursuant to Government Code Sections
3507.1 and 3507.3, whichever is later.
An employee organization aggrieved by a determination of the
Employee Relations Officer that a Recognition Petition l(Sec. 3);
Challenging Petition (Sec. 5); Decertification of Recognition Petition
(Sec. 7) or Affiliation or Disaffiliation Petition (Sec. 10) -- or employe€
aggrieved by a determination of the Employee Relations Officer that a
Decertification Petition (Sec. 7) -- has not been filed in compliance wii
the applicable provisions of this Article may, within fifteen (15) days (
notice of such determination, appeal the determination to the City Cour
for final decision.
13 Appendi:
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Appeals to the City Council shall be filed in writing with the City
Clerk, and a copy thereof served on the Employee Relations Officer. The
City Council shall commence to consider the matter within thirty (30)
days of the filing of the appeal. The City Council may, in its discretion,
refer the dispute to a third party hearing process. Any decision of the
City Council on the use of such procedure, and/or any decision of the City
Council determining the substance of the dispute shall be final and
binding.
Article 111 -- ministration % ..
Submission of Current Information bv Recoa nized .. Sec. 12.
DI wee Oraan vatlo ns %
All changes in the information filed with the City by an Exclusive11
Recognized Employee Organization under items (a.) through (h.) of its
Recognition Petition under Sec. 3 of this Resolution shall be submitted ii
writing to the Employee Relations Officer within fourteen (14) days of
such change.
Sec. 13.
Upon formal acknowledgement by the City of an Exclusively
Pavroll Deduct ions on Behalf of Emplovee 0 ra - an iza t io n 3
Recognized Employee Organization under this Resolution, only such
Recognized Employee Organization may be provided payroll deductions of
membership dues and insurance premiums for plans sponsored by such
organization upon the written authorization of employees in the unit
represented by the Exclusively Recognized Employee Organization on fori
provided therefor by the City. The providing of such service to the
Exclusively Recognized Employee Organization by the City shall be
contingent upon and in accordance with the provisions of Memoranda of
Understanding and/or applicable administrative procedures.
14 Appendi)
a w
Sec. 14. Emplovee 0 raanization Activities -- Us(-
Resources.
Access to City work locations and the use of City paid time,
facilities, equipment and other resources by employee organizations and
those representing them shall be authorized only to the extent provided
for in Memoranda of Understanding and/or administrative procedures,
shall be limited to lawful activities consistent with the provisions of
this Resolution that pertain directly to the employer-employee
relationship and not such internal employee organization business as
soliciting membership, campaigning for office, and organization meetings
and elections, and shall not interfere with the efficiency, safety and
security of City operations.
Sec. 15. Administrative Rules a nd Procedu res.
The City Manager is hereby authorized to establish such rules and
procedures as appropriate to implement and administer the provisions of
this Resolution after consultation with affected employee organizations.
Article IV -- Impasse Procedu res
Sec. 16. Initiation of lmeasse Procedu res.
If the meet and confer process has reached impasse as defined in
this Resolution, either party may initiate the impasse procedures by filii
with the other party a written request for an impasse [meeting, together
with a statement of its position on all issues. An impasse meeting shal
then be scheduled promptly by the Employee Relations Officer. The
purpose of such meeting shall be:
a. To review the position of the parties in a final effort to reac
agreement on a Memorandum of Understanding; and
b. If the impasse is not resolved, to discuss afrangements for 1
utilization of the impasse procedures provided herein.
15 Ap pe ndi:
* 0
Sec. 17.
Impasse procedures are as follows:
a.
Impasse Procedu res .-
If the parties agree to submit the dispute to mediation, and
agree on the selection of a mediator, the dispute shall be submitted to
mediation. All mediation proceedings shall be private. The mediator s
make no public recommendation, nor take any public pasition at any tim
concerning the issues.
b. If the parties fail to agree to submit the dispute to mediatil
or fail to agree on the selection of a mediator, or fail to resolve the
dispute through mediation within fifteen (1 5) days after the mediator
commenced meeting with the parties, the parties may agree to submit
impasse to fact-finding.
c. If the parties agree on fact-finding, they may agree on the
appointment of one or more fact-finders. If they fail to so agree on one
more fact-finders, a fact-finding panel of three (3) shall be appointed
the following manner: One member of the panel shall be appointed by tt
Employee Relations Officer, one member shall be appointed by the
Exclusively Recognized Employee Organization, and those, two shall nam
third, who shall be the chairperson. If they are unable, to agree upon a
third, they shall select by agreement the third member from one or mol
lists of seven (7) names of individuals having fact-finding experience i
the municipal sector to be provided by the State Conciliation Service.
The following constitute the jurisdictional and procedural
requirements for fact-finding :
(1) The fact-finders shall consider and be guided by applicable
federal and State laws.
(2) Subject to the stipulations of the parties, the fact-finders
shall determine and apply the following measures and criteria in arrivi
at their findings and recommendations:
16 Append
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(a) First, as relevant to the issues in dispute, the fact-finders
shall compare the total compensation, hours and conditions of employmen
of the employees involved in the fact-finding proceeding with the total
compensation, hours, and conditions of employment of other employees
performing similar services in public and private employment in the samc
and comparable communities. “Total compensation” shall mean all wage
compensation, including but not limited to premium, incentive, minimum,
standby, out-of-class and deferred pay; all paid leave time; all
allowances, including but not limited to educational and uniform benefits
and employer payments for all health, welfare and pension benefits.
(b) The fact-finders shall then adjust the results of the above
comparisons based on the following factors:
(i) The compensation necessary to recruit and retain
qual if ied person ne1 .
( i i) Maintaining compensation relationships between job
classifications and positions within the City.
(iii) The pattern of change that has occurred in the total
compensation of the employees in the unit at impasse as compared to thg
pattern of change in the average “consumer price index” for goods and
services, and the pattern of change in wages and compensation of other
wage earners.
(c) The fact-finder(s) shall then determine preliminary
recommendations based on the comparisons as adjusted above which,
however, shall be reduced as appropriate based on the financial resource
of the City to implement them.
resources, the fact-finder(s) shall be bound by the following:
In assessing the City’s; financial
(i ) Other legislatively determined and prcijected demands
agency resources, Le., budgetary priorities as established by the govern
body; and
17 Appendi
0 9
(i i) Allowance for equitable compensation increases for
other employees and employee groups for the corresponding fiscal
period(s); and
(i i i) Revenue projections not to exceed currently authorize1
tax and fee rates for the relevant fiscal year(s); and
(iv) Assurance of sufficient and sound budgetary reserves;
and
(v) Constitutional, statutory limitations on the level and
of revenues and expenditures.
(3) The fact-finder(s) shall make written findings of fact and
recommendations for the resolutions of the issues in dispute, which st
be presented in terms of the criteria, adjustments, and limitations
specified above. Any member of a fact-finding panel shiall be accorded
right to file dissenting written findings of fact and recommendations.
The fact-finder or chairperson of the fact-finding panel shall serve SUC
findings and recommendations on the Employee Relations Officer and th
designated representative of the Exclusively Recognized Employee
Organization. If these parties have not resolved the impasse within ter
(10) days after service of the findings and recommendatlions upon them
the fact-finder or the chairperson of the fact-finding painel shall make
them public by submitting them to the City Clerk for consideration by t
City Council in connection with the Council’s legislative consideration
the impasse.
If the parties did not agree on mediation or the selection of a
mediator and did not agree on fact-finding, or having so agreed, the
impasse has not been resolved, the City Council may take such action
regarding the impasse as it in its discretion deems appropriate as in tb
public interest. Any legislative action by the City Council on the impa:
shall be final and binding.
Sec. 18.
The costs for the services of a mediator and fact-finder or
costs of ImDasse Procedu re%
18 Append
e e
chairperson of a fact-finding panel utilized by the parties, and other
mutually incurred costs of mediation and fact-finding, shall be borne
equally by the City and the Exclusively Recognized Employee Organizatic
The cost for a fact-finding panel member selected by each party, and o
separately incurred costs, shall be borne by such party.
Article V -- Miscellaneous Provisio rE
Sec. 19. Constructro n.
This Resolution shall be administered and construed as follows:
(a) Nothing in the Resolution shall be construed to deny to any
person, employee, organization, the City, or any authorized officer, bod!
other representative of the City, the rights, powers and authority grani
by Federal or State law.
(b) This Resolution shall be interpreted so as to1 carry out its
purposes as set forth in Article 1.
(c) Nothing in this Resolution shall be construed as making the
provisions of California Labor Code Section 923 applicable to City
employees or employee organizations, or of giving employees or emploj
organizations the right to participate in, support, cooperate or encoura4
directly or indirectly, any strike, sickout or other total or partial
stoppage or slowdown of work. In consideration of and als a condition c
initial and continued employment by the City, employees recognize tha
any such actions by them are in violation of their conditions or
employment except as expressly otherwise provided by legally preemp
State or contrary local taw. In the event employees engage in such
actions, they shall subject themselves to discipline up to and includin!
termination, and may be permanently replaced, to the extent such actio
are not prohibited by preemptive law; and employee organizations may
thereby forfeit any rights accorded them under City law or contract.*
19 Append
9 ?
Sec. 20.
If any provision of this Resolution, or the application of such
provision to any persons or circumstance, shall be held invalid, the
remainder of this Resolution, or the application of such provisions to
persons or circumstances other than those as to which it is held inval
shall not be affected thereby.
Sever abi I i tv.
20 Appenl