HomeMy WebLinkAbout1996-01-23; City Council; 13486; MEMORANDUM OF UNDERSTANDING WITH CARLSBAD POLICE OFFICERS' ASSOCIATIONt..
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MTG. 01/23/96 MEMORANDUM OF UNDERSTANDING WITH CITY ATTYe
DEPT. HRD CARLS8AD POLICE OFFICERS’ ASSOCIATION CITY Mq
RECOMMENDED ACTION:
Adopt Resolution No. 96-33 approving a Memorandum of Understanding
with the Carlsbad Police Officers’ Association.
ITEM EXPLANATION:
Representatives of the City and the Carlsbad Police Officers’ Association
(CPOA) have met and conferred in good faith and have reached an
agreement regarding wages, hours, and other terms and conditions of
employment for police employees. The term of the Memorandum of
Understanding (MOU) is three years, from January 1, 1996 through
December 31, 1998, and shall include the following:
a The MOU specifies that all represented employees employed as of
January 1, 1996 shall receive a series of two percent (2%) general
wage increases in 5 increments over the term of the contract. The
first increase will be effective January 1, 1996 and the last
increase will occur on November 30, 1998.
e Effective January 1, 1996, the MOU streamlines the administrative
process and increases benefit amounts for the Educational Incentive
program that is used to compensate employees for achieving an
Intermediate or Advanced Certificate issued by the California
Commission on Peace Officers Standard and Training (POST).
Compensation for Intermediate Certificates will be increased from
$45 to $60 bi-weekly, and payments for Advanced Certificates will
increase from $65 to $90 bi-weekly.
* Beginning July 1, 1996 through the term of the contract,
reimbursement to represented employees for the cost of purchasing
and maintenance of required uniforms shall be increased from $500
to $575 per year, through a series of three annual $25 increments.
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PAGE 2 OF AB # 13.34b
0 Agreement on the City’s Alcohol and Drug Policy and inclusion of
that policy in the MOU.
FISCAL IMPACT:
For FY 1995/96, the increased cost to the City for the salary adjustment
and educational incentive is estimated at $120,000.
transferred from the Council’s Contingency Account to cover this expense.
For the remaining years of the contract, an additional $100,000 will be
needed in FY 1996/97, $205,000 in FY 1997/98, and $110,000 in FY
1998/99 to cover the salary adjustments and uniform reimbursement
increases. These increases will be included in the 1996-98 Operating
Budgets.
Funds will be
EXHIBITS:
Resolution No. 96-33 adopting the Memorandum of Understanding between
the City of Carlsbad and the Carlsbad Police Officers’ Association.
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RESOLUTION NO. 96-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN REPRESENTATIVES OF
MANAGEMENT AND THE CARLSBAD POLICE OFFICERS
C I ATION.
WHEREAS, representatives of management and the Carlsbad
Police Officers’ Association have met and conferred in good faith
pursuant to the Meyers-Millias-Brown Act regarding wages and other
terms and conditions of employment from October 1995 to January
1996; and
WHEREAS, said representatives have reached agreement which
they desire to submit to the City Council for consideration and
approval; and
WHEREAS, the City Council has determined it to be in the
public interest to accept such an agreement in the form of a
Memorandum of Understanding, marked Exhibit A and incorporated by
reference herein ;
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NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Carisbad, California, as follows:
1.
2.
That the above recitations are true and correct.
That $97,000 in funds will be transferred from the
Council’s Contingency Account to cover the expense of a two percent
(2%) salary adjustment effective January 1, 1996, for each employee
in each classification represented by the CPOA employed as of that
date. That the Classification and Salary Range Schedule for Police
Safety Personnel as set out in Exhibit B be adopted.
3. That $23,000 in funds will be transferred from the
Council’s Contingency Account to cover the expense of an increase to
the educational incentive program for employees represented by the
CPOA.
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4. That the Memorandum of Understanding between the
Carlsbad Police Officers’ Association and representatives of
management is hereby accepted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 23rd day of JANUARY
1996; by the following vote, to wit:
’
AYES:
NOES: Council Member Hall
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila
ATTEST:
ALg%?RALEk$Z
(SEAL)
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE OFFICERS’ ASSOCIATION
Term: January 1, 1996 - December 31, 1998
TABLE OF CONTENTS
Preamble page1
Article 1 Implementation page 1 Article 2 Terms and Renegotiation Page 1
Article 3 Retention of Benefits Page 1
Article 4 Authorized Agents page 2
Article 5 Recognition page 2 Article 6 Savings Clause Page 2
Article 7 Nondiscrimination page 2
Article 8 Compensation Adjustments Page 3 Article 9 Management Rights page3 Article 10 Grievance Procedure page3
Article 11 Stand-By Time Pay page 7 Article 12 Bilingual Pay page 8 Article 13 Basic Work Weework Day Page 8
Article 1 4 Court Pay Page 8
Article 1 5 Sick Leave Page 9 Article 16 Association Rights Page 12
Article 1 7 Overtime Pay Page 13
Article 18 Call Back Pay Page 14
Article 19 Seniority Page 14
Article 20 Legal Representation Page 15
Article 2 1 Peaceful Performance of City Service Page 15
Article 22 Discipline of an Employee Page 15
Article 23 Probationary Period Page 17
Article 24 Retirement Benefits Page 17
Article 25 Health Insurance Page 17
Article 27 Education Incentive Page 19
Article 2 8 Field Training Officer Page 22
Article 2 9 Vehicles for Investigations Page 22
Article 30 Long Term Disability Page 22
Article 3 1 Pregnancy Disability Leave Page 22
Article 32 Disability Retirement Page 22
Article 33 Vacation Page 22
Article 34 Holidays Page 23
Article 35 Alcohol and Drug Policy Page 24
Article 26 Uniform Reimbursement Pae 18
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MEMORANDUM OF UNDERSTANDING
Thk ~QfI?OK?fldUf”t Of UIderdandhfr is made and entered Into as of the date of formal approval
hereof by the City Council of the City of Carlsbad, by and between designated management
representatives of the City of Carlsbad (hereinafter referred to as the “City”) and the
designated representatives of the Carlsbad Police Officers’ Association (hereinafter referred to
as ‘CPOA”).
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as
“Memorandum”) to promote and provide for harmonious relations, cooperation and
understanding between the City management representatives and the local safety police
employees covered under this Memorandum; to provide an orderly and equitable means of
resolving any misunderstandings or differences which may arise under this Memorandum; and
to set forth the agreement of the parties reached as a result of good faith negotiations regarding
wages, hours and other terms and conditions of employment of the employees covered under this
Memorandum, which agreement the parties intend jointly to submit and recommend for City
Council approval and implementation.
ARTICLE I. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City
Council following ratification of the Memorandum by the membership of CPOA. It is agreed that
the City will act in a timely manner to make the changes in City ordinances, resolutions, rules,
policies and procedures and those of the Police Department necessary to implement this
Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum of Understanding shall commence on January 1,
1996, and shall continue until December 31, 1998.
Negotiations for a successor Memorandum of Understanding shall begin by the
exchange of written proposals in approximately September 1998.
2.2
ARTICLE 3. RETENTION OF BENEFITS
Existing benefits contained in this Memorandum of Understanding shall not be changed during
the term of this agreement without the mutual consent of the parties hereto. Existing benefits
not set forth in this Memorandum which fall within the scope of representation shall not be
changed by the City without advance notice and an opportunity to meet and confer regarding such
change. The parties recognize and accept the concept of past practices as to matters within the
scope of representation and agree to meet and confer regarding a proposed change in any such
practices. The City shall not propose any such changes unless required to do so for operational or organizational reasons.
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ARTICLE 4. AUTHOR IZE D AGENTS
For the purpose of administering the terms and provisions of this Memorandum of
Understanding:
4.1 City's principal authorized agent shall be the City Manager or a duly authorized
representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California
92008; Telephone: (61 9) 434-2821] except where a particular representative
is specifically designated in connection with the performance of a specific function
or obligation set forth herein.
CPOAs principal authorized agent shall be its President or duly authorized
representative [Address: P.O. Box 1392, Carlsbad, California 92008; Telephone:
(619) 931-2144] and Law Offices of Silver, Shaeffer & Hadden, [1428 Second
Street, Santa Monica, California 90401 ; Telephone (31 0) 393-1486].
4.2
ARTICLE 5. j3ECOGNITION
The City recognizes CPOA as the majority representation of the bargaining unit that includes the
classifications of Police Services Aide, Police Recruit, Police Officer, Senior Police Officer,
Police Sergeant, Communications Operator I, Communications Operator II, Communications
Supervisor, and Records Supervisor.
ARTICLE 6. SAVINGS CLAUSE
6.1 If any articles of this Memorandum of Understanding should be found invalid,
unlawful or unenforceable by reason of existing or subsequent enacted legislation
or by judicial authority, all other articles and sections of this Memorandum of
Understanding shall remain in full force and effect for the duration of this
Memorandum of Understanding.
In the event of invalidation of any article or section, the extinguished benefit shall
be replaced by a substitute benefit of comparable value. The City and the
Association shall meet within thirty (30) days following the invalidation for the
6.2
purpose of determining the specific nature and form of the replacement benefit.
ARTICLE 7. NONDISCRIMINATION CLAUSE
7.1 As a result of this Memorandum, no person shall in any way be favored or
discriminated against, by either the City or the Association, to the extent
prohibited by law because of political or religious opinions or affiliations, or
because of racial or national origin, or because of age or sex or physical handicap.
Neither City nor Association shall interfere with, intimidate, restrain, coerce, or
discriminate against employees covered by this Memorandum because of exercise of
rights to engage or not engage in Association activity or because of the exercise of
any right provided to the employees by this Memorandum of Understanding.
7.2
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ARTICLE 8. COMPENSATION ADJUSTM ENTS
8.1 Effective January 1, 1996, the base salary of each employee in each classification
represented by the CPOA and employed as of that date shall be increased by a
general wage increase of two percent (2%).
Effective December 2, 1996, the base salary of each employee in each
classification represented by the CPOA and employed as of that date shall be
increased by a general wage increase of two percent (2%).
Effective September 8, 1997, the base salary of each employee in each
classification represented by the CPOA and employed as of that date shall be
increased by a general wage increase of two percent (2%).
Effective June 1, 1998, the base salary of each employee in each classification
general wage increase of two percent (2%).
Effective November 30, 1998, the base salary of each employee in each
classification represented by the CPOA and employed as of that date shall be
increased by a general wage increase of two percent (2%).
Employees shall be paid at the Police facility in the customary biweekly schedule.
Paychecks may not be withheld except for just cause.
8.2
8.3
8.4
represented by the CPOA and employed as of that date shall be increased by a
8.5
8.6
ARTICLE 9. MANAGEMENT RIGHTS
The rights of the City including but not limited to the exclusive right to determine mission of its
constituent departments, commissions, and boards; set standards of service; determine
procedures and standards of selection for employment and promotion; direct its employees, take
disciplinary action; to relieve employees from duty because of lack of work or other legitimate
the efficiency of government operations; determine the methods, means and personnel by which
government operations are to be conducted; determine the contents of job classifications; take
all necessary actions to carry out its mission in emergencies; and exercise complete control and
discretion over its organization and technology of performing its work. In exercising these
rights, the City shall comply with all applicable provisions of this Memorandum. Nothing
herein shall require the City to meet and confer over its exercise of rights hereunder.
ARTICLE 10. GRIEVANCE PROCEDURE
10.1
reasons; to transfer employees among various department activities and organizations; maintain
Purpose. The purpose and objectives of the Grievance Procedure of the City of
Carlsbad are:
10.1.1 To promote improved employer-employee relations by establishing
grievance procedures on matters for which appeal or hearing is not
provided by other regulations.
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10.1.2 To assure fair and equitable treatment of all employees and promote
harmonious relations among employees, supervisors, and
management.
To encourage the settlement of disagreements informally at the
employee-supervisor level and provide an orderly procedure to
handle grievances throughout the several supervisory levels where
necessary.
To provide that appeals shall be conducted as informally as possible.
To resolve grievances as quickly as possible and correct, if possible,
the cause of grievances, thereby reducing the number of grievances
and future similar complaints.
This grievance procedure is applicable to all employee classifications
represented by the CPOA in the Police Department of the City of
Carlsbad.
initions. For the purpose of this grievance procedure the following definitions
shall apply.
10.2.1
10.2.2
10.2.3
10.2.4
10.1.3
10.1.4
10.1.5
10.1.6
. .. 10.2
Citv Manaaer: The City Manager.
Assistant C ity Manaae r: An Assistant City Manager.
Department: An office, department, or institution of the City.
DeDartrnent Head o r Head o f a Depart ment: The chief executive officer
of a department.
10.2.5 Personnel Officer: The Personnel Officer or his authorized
rep re sen tat ive .
Emdovee o r Citv Erndovee: Any officer or employee of the City,
except an elected official.
Emplovee Representative: An individual who appears on behalf of the
employee.
Grievance: A complaint of an employee or a group of employees
arising out of an application or interpretation of existing rules,
regulations, or policies which come under the control of a Department
Head.
10.2.6
10.2.7
1 0.2.8
10.2.9 Jmmediate Supe rvisor: The individual who assigns, reviews, or
directs the work of an employee.
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10.2.1 0 - r : An individual having pertinent and/or immediate
knowledge of the circumstances out of which the grievance arose.
10.2.1 1 Supervisor: The individual to whom an immediate supervisor
reports.
10.3 Reviewable and Non -Reviewable Grievances
10.3.1 To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred.
( b ) Result from an act or omission by management regarding
working conditions or other aspects of employer-employee
relations over which the head of the department has control.
Arise out of a specific situation, act, or acts considered as
being unfair which result in inequity or damage to the
employee.
Arise out of an interpretation and application of Personnel
System Rules and Regulations.
(c)
(d)
10.3.2 A grievance is not reviewable under this procedure:
(a) If it is a matter which would require a modification of a policy
established by City Council or by law;
Is reviewable under some other administrative procedure
and/or rules of the City of Carlsbad (See, e.g., Article 25
hereunder), such as:
( 1 )
( b )
Applications for changes in title, job classification, or
salary.
Appeals from formal disciplinary proceeding.
Appeals from work performance evaluations.
( 2 )
( 3 )
Spec ial Grievance Procedu re Provisions: The following special provisions apply to
the grievance procedure.
10.4
10.4.1 Procedu re for Presentation: In presenting his grievance the employee
shall follow the sequence and the procedure outlined in Section 5 of
this procedure.
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10.4.2 Prompt Presenlation: The employee shall discuss the grievance with
an immediate supervisor promptly after (when grievant knew or
should have known) the act or omission of management caused the o rievance .
10.4.3 Prescribed Form : The written grievance shall be submitted on a form
prescribed by the Personnel Officer for this purpose.
Statement of Grievance: The grievance shall contain a statement of:
(a)
( b )
(c) The relief sought.
EmDlovee Representat ive: The employee may choose someone as a
representative at any step in the procedure. No person hearing a
grievance need recognize more than one representative for any one
10.4.4
The specific situation, act, or acts considered to be unfair.
The inequity or damage suffered by the employee.
10.4.5
time, unless he so desires,
10.4.6 Interested Parties: There shall be no limit placed upon the number of
interested parties which may provide information during the hearing
of a grievance at any step of the grievance procedure.
Handled Du rina - Workina Hou rs: Whenever possible, grievances will
be handled during the regularly scheduled working hours of the
parties involved.
Extension of Timg: The time limits within which action must be taken
of a decision made as specified in this procedure may be extended by
mutual written consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties
involved at the step to be extended.
Consolidation of Grievances: If the grievance involves a group of
same matter, the grievances shall be handled as a single grievance.
Settlement: Any grievance shall be considered settled at the
completion of any step if the grievant is satisfied or if the grievant
does not present the matter to a higher authority within the
prescribed time.
Reprisal: The grievance procedure is intended to assure a grieving
employee the right to present a grievance without fear of disciplinary
action or reprisal by the supervisor, superintendent, or department
10.4.7
10.4.8
10.4.9
employees or if a number of employees file separate grievances on the
10.4.1 0
10.4.1 1
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head, provided the provisions of the grievance procedure are observed.
Copies of grievance forms will not be placed in employee personnel
records but will be maintained in separate files in the Human
Resources Department.
10.5 Grievance Procedure Stem : The following procedure shall be followed by an
employee submitting a grievance for consideration and action.
10.5.1 Piscussion W ith Superv isoc: The employee shall discuss his
grievance with his immediate supervisor informally. Within seven
(7) calendar days, the supervisor shall give a decision to the
employee verbally.
Step 1: If the employee and supervisor cannot reach an agreement as
to a solution of the grievance, the employee may within seven (7)
shall endorse his comments thereon and present it to his supervisor
within seven (7) calendar days. The supervisor shall hear the
grievance and shall give a written decision to the employee within
seven (7) calendar days after receiving the grievance.
-2: If the employee and supervisor cannot reach an agreement as
to a solution of the grievance, the employee may within seven (7)
calendar days present the grievance in writing to the department head.
The department head shall hear the grievance and shall give the
written decision to the employee within seven (7) calendar days after
receiving the grievance.
Ster,: If the employee and department head cannot reach an
agreement as to the solution of the grievance, the employee within
seven (7) calendar days may present his grievance in writing to the
Personnel Board. A copy of said grievance shall also be presented to
the Assistant City Manager who may conduct a meeting with the
grievant and/or CPOA representatives to identify and clarify disputed
issues and attempt to resolve the grievance prior to presentation of
the grievance to the Personnel Board.
Step 4: If the matter is not otherwise resolved, the Personnel Board
shall, within thirty (30) calendar days after receipt of the appeal,
hear the appeal and render an advisory opinion to the City Manager.
The City Manager shall, within fourteen (14) calendar days advise the
employee of the final action.
1 0.5.2
calendar days present the grievance in writing to his supervisor who
10.5.3
10.5.4
10.5.5
ARTlcLE- STAND-BY TlMF PAY
Due to staff limitations, it may be necessary for the Police Chief to schedule employees to be on
stand-by, to handle overtime work which may arise during other than normal working hours.
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Stand-by is defined as time in which an employee is required, by the Police Chief or designee, to
remain at his/her residence or be at a place where said employee can be reached by phone and be
within thirty minutes response capability so that he/she may immediately respond to any calls
received. An employee will be compensated for stand-by time at the rate of twenty dollars
($20) per 24 hours or fraction thereof. Employees on stand-by, called to perform work, will
be compensated for all actual hours worked in accordance with overtime and call-back rules.
ARTICLE 12. BILINGUAL PAY
Any employee annually certified, as the Police Chief may direct, as a qualified translator-
interpreter of the Spanish language shall receive forty dollars ($40) per pay period.
ARTICLE 13. BASIC WORK WE EWWORK DAY
13.1 The official work week shall begin on each Sunday at 11 :01 p.m. and shall end on
Sunday of the following week at 11 :00 p.m. Except as may be otherwise provided,
an employee who occupies a full-time permanent position shall work eighty (80)
hours in each pay period including meals and rest breaks.
Employees working a five day 40 hour week (designated 578) shall work eight
hours per day for five days in any work week and shall receive two consecutive
days off within that work week.
In accordance with existing practice all full-time shift employees shall be given
two (2) fifteen-minute rest periods and a one-half hour lunch break per shift
without loss of pay.
13.2
13.3
ARTICLE 14. COURT PAY
14.1 Off-duty personnel who appear in court pursuant to an official request from a
legally constituted body regarding matters arising out of, or associated with, their
employment shall be compensated at the overtime pay rate, with the following
minimum hour guarantees.
Four (4) hours - Appearances in San Diego area courts.
Appearances in North County courts by personnel while
regularly scheduled to work graveyard shift.
Three (3) hours - Appearances in North County courts.
These minimum hour guarantees shall not apply if the court appearance is
contiguous with the commencement or end of the employee’s regularly scheduled
work shift. In that situation, the employee shall receive applicable overtime
compensation for all time actually spent in court beyond the regularly scheduled
work shift.
14.2
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14.3 When personnel are required to appear in San Diego area courts, are held over
during the normal lunch break for further appearance after lunch, they shall be
entitled to credit for the lunch break as time worked.
When available, Carlsbad Police Department vehicles shall be used for employee
transportation. If not available, employees shall be reimbursed for mileage
expenses as set out in Council Policy Statement of the City of Carlsbad titled
“Travel Policy” with an effective date of 2/2/83, including any subsequent
14.4
changes to this policy.
ARTICLE 15. SICK LEAVE
15.1 Sick leave with pay shall be granted to all probationary and permanent employees
within the merit system at the rate of one work day for each calendar month of
service. Any such leave accrued, but unused in any year shall be cumulative for
succeeding years.
Sick leave shall be considered as a privilege which an employee may use at his
discretion, but shall be allowed only in case of necessity and actual sickness or
disability. Any abuse of sick leave is cause for disciplinary action by the
appointing power. Employees eligible for sick leave shall be granted such leave
when they are incapacitated for performance of their duties by sickness, injury or
for medical, dental or optical examination or treatment, or when a member of the
immediate family of the employee is afflicted with an illness and requires the care
and attendance of the employee, or when, through exposure to contagious disease,
the presence of the employee at his post of duty would jeopardize the health of
others.
The term “contagious disease” means disease or illness subject to quarantine or
required isolation or restriction of movement of the patient 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.
An employee who is absent on account of sickness must notify his supervisor as
early as practicable on the first day of such absence, or as soon thereafter as
possible. Requests for sick leave or medical, dental, or optical examinations must
be approved in advance by the supervisor. Any grant of sick leave in excess of
three (3) consecutive work days must be supported by a medical certificate. When
the period of absence is for three (3) consecutive work days or less, the Personnel
Officer shall accept the employee’s certification as to the reason for absence.
Nothing herein shall preclude the City from taking appropriate action in the event
of abuse of sick leave.
15.2
15.3
15.4
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15.5 Written applications for sick leave must be filed with the supervisor within the
pay period in which the employee returns to duty.
Any eligible employee who is absent from work by reason of attendance upon
members of the employee’s or spouse’s immediate family whose illness requires
employee’s spouse’s family shall be allowed to use sick leave. Immediate family
shall include husband, wife, child, stepchild, brother, stepbrother, sister,
stepsister, parent, stepparent, or any person serving as a parent, or who has
same household as the employee or the employee’s spouse’s immediate family. In
the case death of an employee’s or employee’s spouse’s immediate family, an
employee shall be allowed up to a maximum of five (5) working days off, except
the City may under extreme circumstances, grant additional time off, which shall
be considered sick leave.
An employee who is required to take a physical examination in connection with
induction or enlistment in the Armed Forces is not charged leave for the time
necessary to complete the examination. Members of the military reserve who are
recalled to active duty are placed on pay status with the branch of the Armed Forces
for the time required to take the physical examination and, therefore, must be
charged leave or leave without pay for that purpose. Employees making a donation
of blood without charge will be given reasonable time off for that purpose. No
charge will be made against annual or sick leave when such absence is approved in
advance by the supervisor. Sick leave entitlement to medical and dental calls
during working hours shall be authorized. For the purposes of computing sick
leave, employment shall be considered to have commenced on the first day of the
first full calendar month of employment.
Holidays occurring during sick leave shall not be counted as sick leave. Sick leave
shall not be taken as vacation time, nor compensated in cash at any time, except as
defined in this article.
Notwithstanding anything in this section to the contrary, local safety employees are
not entitled to sick leave for any job related illness, injury or other occurrence
which entitles the employee to benefits under Section 4850 of the Labor Code
(hereinafter “4850 benefits”). The City Manager may authorize the use of sick
leave after 4850 benefits are exhausted for job-related illness or injury if he/she
determines that:
15.8.1
15.8.2
15.6
the care of such employee, or a death in the immediate family of the employee, or
served a5 a parent, grandmother, grandfather, or any other person living in the
15.7
15.8
The injury is not permanent and stationary.
The use of sick leave will not extend the effective date of the
employee’s retirement.
The employee is physically unable to work and there is a reasonable
probability he/she may return to work.
15.8.3
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15.9 Allowance for Occu~ . ational Sick Lea ve. Leave with pay for injuries sustained in
the line of duty shall be granted as follows:
15.9.1 A non-sworn employee absent because of injury received in the line of
duty is charged either sick or annual leave if the period of
incapacitation exceeds ninety (90) calendar days and receives no
credit for either annual or sick leave for the period of incapacitation
that exceeds ninety (90) calendar days. The City will supply the
difference between the allowance granted by the insurance and the
amount the employee would ordinarily receive for the period of
incapacitation not to exceed (90) calendar days. Thereafter during
such absence he/she may elect to apply prorated accrued sick or
annual leave to such absence and to receive compensation, therefore,
in the amount equal to the difference between the compensation to
which he is entitled under the Workers’ Compensation Act and his
regular pay, not to exceed the amount of his earned sick or annual
leave. In figuring the benefits paid by insurance, wage benefits alone
shall be considered and medical and hospital benefits shall be excluded.
A local safety member shall be entitled to the benefits of Section 4850
of the Labor Code. Upon expiration of the one year contemplated by
Section 4850, if the member has not been retired, the City Manager shall determine the member’s eligibility for using sick leave,
vacation, or other leave, as provided by Section 15.8 hereof. Except
as expressly approved under this article, a local safety member shall
not be entitled to such leave in lieu of or in addition to the leave of
absence with pay authorized by Section 4850, nor for any job related
injury or other occurrence which entitles the employee to benefits
under Section 4850. The City will supply the difference between the
allowance granted by the insurance and the amount the employee would
ordinarily receive for the period of incapacitation not to exceed one
full calendar year under Section 4850.
15.9.2
15.1 0 Sick Leave Conversion. Any permanent employee who has accrued and maintains a
minimum of one hundred sixty (160) hours of sick leave shall be permitted to
convert up to fifteen (15) days of accumulated uncompensated sick leave to
vacation at a ratio of three (3) sick days per one (1) day of vacation. The sick
leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if they are already
above the allowed vacation accrual maximum of 232 hours, or if such conversion
would put them over the vacation accrual maximum.
Any permanent employee applying for retirement with the Public Employees’
Retirement System may convert accrued and unused sick leave time to extend
service time in the system at the ratio of twenty-five (25) days of accrued sick
leave to one month of extended service.
15.11
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ARTICLE 16. ASSOC IATION RIGHTS
16.1
16.2
The City recognizes the right of the Association to govern its internal affairs.
The parties to this Memorandum fully support the concept of the Public Safety
Officers’ Procedural Bill of Rights Act, Sections 3300, et seq., of the Government
Code, attached hereto as Exhibit A.
Upon the receipt of a written request and authorization from an employee for
deduction of Association dues and other lawfully permitted deductions, the City
shall withhold such dues and deductions from the salary of the employee and remit
the withholdings to the Association. The City shall continue to withhold such
deductions unless the employee files a statement with the City withdrawing
authorization for the continued withholding of the deductions during the month of
March of any year covered by the term of this Memorandum. The effective date of
withholding, time of remitting withholdings to the Association, and all procedural
matters shall be determined in accordance with the Rules and Regulations of the
City.
The Association shall provide and maintain with the City a current list of the names
and all authorized representatives of the Association. An authorized representative
shall not enter any work location without the consent of the Police Chief or his
designee or the City Manager or his designee. The Police Chief or his designee shall
have the right to make arrangements for a contract location removed from the work
area of the employee.
The Association shall be allowed to designate employee representatives to assist
employees in:
16.5.1 Preparing and processing grievances;
16.5.2
16.5.3
16.3
16.4
16.5
Preparing and presenting material for Disciplinary Appeals hearings;
Preparing and presenting material for any matter for which
representation is granted pursuant to the provisions of California
Government Code Sections 3300, et seq., known as the Public Safety
Officers’ Procedure Bill of Rights Act.
16.6 The Association may designate one employee representative to assist an employee in
preparing and presenting materials for the above-listed procedures. The employee
representative so designated shall be allowed reasonable release time from
regularly scheduled duties for the purpose of investigating and preparing materials
for such procedures. Employee representatives who investigate, prepare or
present materials during off-duty time shall do so on their own time. Employee
representatives and employees who attend Personnel Board or City Council
hearings during the off-duty time shall do so on their own time; providing,
however, that employees who are ordered or subpoenaed to attend such hearings
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shall be compensated in accordance with the overtime provisions of this
Memorandum.
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 this Article shall
direct such request to hidher immediate supervisor in 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.
The City will continue to furnish the bulletin board space in the Police Department
for the exclusive use of the Association. Material placed on said bulletin boards
shall be at the discretion of the Association and shall be removed by management
only in the event the material is obviously offensive to good taste, defamatory, and
shall be removed only on prior notification to an Association representative. The
Association shall be responsible for maintaining bulletin boards exclusively used
by the Association in an orderly condition and shall promptly remove outdated
materials.
16.7
16.8
16.9
16.10 Use of Citv Facilities
1 6.1 0.1 The Association may, with the prior approval of the City Manager, be
granted the use of the City facilities for off-duty meetings of the
requests will be in writing to the City Manager.
The Association may, with the prior approval of the Police Chief, be
granted the use of Police facilities for off-duty meetings of the Police
Department employees, provided space is available. All such requests
will be in writing to the Police Chief. In the event the Police Chief
denies use of Police Department facilities, an appeal can be made to
the City Manager.
The use of City equipment other than items normally used in the
conduct of business meetings, such as desks, chairs, ash trays and
blackboards, is strictly prohibited, the presence of such equipment in
approved City facilities notwithstanding.
Police Department employees provided space is available. All such
1 6.10.2
16.1 0.3
ARTICLE 17. OVER TIME PAY
Each employee covered by this agreement shall be entitled to overtime compensation at the
premium rate of one and one-half (1-1/2) times the employee’s regular rate of pay for all
time worked, or regarded as having been worked because of authorized leaves of absence, in
excess of the employee’s regularly scheduled work day and/or in excess of forty (40) hours per
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week. Each employee shall have the option of receiving compensatory time off at the premium
rate in lieu of cash, subject to a maximum accumulation of eighty (80) hours of compensatory
time off. While an employee has accumulated the maximum number of hours of compensatory
time off, he/she shall receive all overtime compensation in cash until such time as the
compensatory time off bank is no longer at the maximum accrual rate.
/lEmaEX.-
If an employee is required to return to his/her place of employment or other work location
directed by the employer at a time that is not part of the employee’s regularly scheduled work
shift, that employee shall receive appropriate overtime pay, as described in Article 17, for the
actual number of hours worked on that occasion, subject to the following minimum guarantees:
(a) If the “call back” was scheduled in advance, such as for training or firearms
qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation.
If the “call back” was not scheduled in advance, the employee shall receive a minimum
of three hours of appropriate overtime compensation. ( b )
These minimums shall not apply to situations where the call back is contiguous with the
commencement or end of the employee’s regularly scheduled work shift. In that situation, the
employee shall receive applicable overtime compensation for all time actually worked beyond
the regularly scheduled work shift.
This Article shall apply to all situations where an Investigator receives a telephone call that is
authorized by the Watch Commander at a time when the Investigator is off duty. On those
occasions, whenever the Investigator is called, he/she shall be requested to report for duty and,
upon so reporting, shall be entitled to the compensation described above.
ARTICLE 19. SFN IORITY
19.1 The seniority of an employee shall be based upon the number of calendar months of
continuous service in the Carlsbad Police Department. If an employee terminates
hidher City employment voluntarily or is dismissed for cause, that employee
shall lose all seniority credited to him/her prior thereto, and subsequent
reemployment of the employee shall not restore the seniority so lost. When an
employee is reinstated, seniority is determined by using the date of reinstatement
as the new date of hire. Any employee laid off after acquiring permanent status
shall, after reinstatement, regain the seniority credit he/she possessed at the time
of layoff if said employment is within twenty-four (24) months.
Leaves of absence in excess of thirty (30) continuous days shall not be credited to
continuous service.
19.2
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ARTICLE 20. LEGAL REPRES ENTAT ION
20.1 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 proceeding initiated against
the employee by a person or entity other than the City in a court of competent
jurisdiction, on account of any act or omission occurring within the course and
scope of his employment as an employee of the City.
Nothing herein shall be deemed to require the provision of such defense where the
discretion to provide or not provide such defense is vested in the City pursuant to
the provision of the California 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 defense 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.
20.2
20.3
ARTICLE 21. PFACE FUL PER FORMANCE OF ClW SFR VICES
21.1 During the term of the agreement, the CPOA, its representatives, or members shall
not engage in, cause, instigate, encourage or condone a strike or work stoppage of
any kind against the City of Carlsbad.
During the term of this Agreement, the City will not instigate a lockout over a
dispute with the employees.
As used in this section, “strike or work stoppage”. means the concerted failure to
report for duty, the willful absence from one’s position, the stoppage of work, or
the abstinence in whole or in part from the full, faithful performance of the duties
of employment for the purpose of inducing, influencing or coercing a change in the
conditions of compensation, or the rights, privileges or obligations of employment.
21.2
21.3
ARTICLE 22. DISCIPLINE OF AN EMPLOYEE
22.1 The City may only discipline permanent employees for just cause. In the case of
disciplinary action involving suspension, demotion or discharge, the employee
shall be given notice of the action to be taken, the evidence or materials upon which
the action is based, and an opportunity to respond to the City Manager or designee
either orally or in writing within seven (7) calendar days of the notice of the
action. The above process will occur prior to the imposition of the discipline.
Except as provided in Section 22.4, all employees have the right to appeal their
discipline according to the appeal procedure as set out hereafter. Written notice of
discipline shall inform and remind the disciplined employee of this right.
22.2
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22.3 Once discipline has been imposed, the Police Chief or his designee shall specify the
period of time, from one to four years, that said discipline will remain in the
affected employee’s personnel records. At the end of said designated period of time,
the disciplinary action shall be removed from the employee’s personnel file. It is
the responsibility of the employee to initiate a request for removal of disciplinary
action from the employee’s personnel file. The only permitted use of such
allegation of similar or cumulative activity or misconduct.
Nothing herein shall be construed to require “cause” or “just cause” for the
rejection of a probationary employee prior to the expiration of the probationary
period. A probationary employee rejected during the probationary period shall not
be entitled to appeal such rejection to the Personnel Board, but shall be entitled to
an administrative appeal under Section 3304(b) of the Government Code. Such
administrative appeal shall consist of the procedure described in Section 22.1
disciplinary action shall be in a later disciplinary proceeding where there is an
22.4
hereof.
22.5 Riaht of Ameal. Any employee in the competitive service shall, within seven (7)
calendar days, have the right to appeal to the Personnel Board any disciplinary
action, interpretation or alleged violation of the Personnel ordinance, except in
instances where the right of appeal is specifically prohibited by the Personnel
ordinance or this Article.
Method of Apm 1. Appeals shall be in writing, subscribed by the appellant, and
filed with the Personnel Officer, who shall, within ten (IO) calendar days after
receipt of the appeal, inform each member of the action desired by the appellant,
with his reasons therefore. The formality of a legal pleading is not required.
Notice. Upon the filing of an appeal, the Personnel Officer shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty
(30) calendar days from the date of filing unless the parties mutually agree to a
later hearing date. The Personnel officer shall notify all interested parties of the
prescribe.
HearingS. The appellant shall appear personally unless physically unable to do so,
before the Personnel Board at the time and place of the hearings. He may be
represented by any person or attorney as he may select and may at the hearing
produce on his behalf relevant oral or documentary evidence. The City shall state
its case first and, at the conclusion, appellant may then present evidence. Rebuttal
matter not repetitive may be allowed in the discretion of the Personnel Board.
Cross-examination of witnesses shall be permitted. The conduct and decorum of the
hearing shall be under the control of the Personnel Board by its chairman, with
due regard to the rights and privileges of the parties appearing before it. Hearings
need not be conducted according to technical rules relating to evidence and
witnesses. Hearings shall be closed unless the appellant, in writing, requests an
open hearing.
22.6
22.7
date. time, and place of the hearing at such places as the Personnel Board shall
22.8
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22.9 Findinas and Reco mmendationg. The Personnel Board shall, within ten (1 0)
calendar days after the conclusion of the hearing, certify its findings and decisions
in writing to the City Council and to the appellant. The City Council shall review
the findings and recommendations of the Personnel Board and may then affirm,
revoke or modify the action taken as, on its judgement, seems warranted, and the action taken shall be final, Any member of the Personnel Board may submit a
minority or supplemental finding and recommendation. In cause of suspension,
discharge or demotion the appointing power shall reinstate any employee to his
former status if proof is made that the action was for discriminatory reasons.
m. PROBATIONARY Pm
23,l For sworn personnel, the entry level probationary period shall be one year from
the date the employee is sworn as an officer. For non-sworn personnel, the entry
level probationary period shall be one year from the date of hire. The
probationary period will permit both the supervisor and the employee to become
acquainted and to determine the adaptability and the fitness of the employee of the
assigned work. The employee will find this period helpful in evaluation of the City,
his duties, his work and other satisfaction.
All personnel promoted within the Department shall be on probation in the
promotional position for a period of one year from the date of promotion.
23.2
ARTICLE 24. -
24.1 The City agrees to continue to pay the employer’s contribution rate required by the
Public Employees’ Retirement System to maintain the current level of benefits for
employees covered by this Memorandum.
24.2 The City will continue to pay on behalf of all sworn represented safety employees
the nine percent (9%) employee’s retirement contribution to PERS.
The City will continue to pay on behalf of all represented miscellaneous employees
the seven percent (7%) employee’s retirement contribution to PERS.
24.3
ARTICLE 25. HEALTH INSURANCE
25.1 During the entire term of this agreement, the City will pay on behalf of all
employees covered by this agreement and their eligible dependents and those
retirees designated in Section 25.3, the sum of sixteen dollars ($16) per month
for health insurance through the Public Employees’ Retirement System (PERS).
This amount is mandatory regardless of whether the employee chooses to be covered
by a health insurance plan.
The City shall continue to contribute the following monthly amounts on behalf of
each active employee and eligible dependents towards the payment of premiums
under that program.
25.2
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(a) For employees with “employee only” coverage, the sixteen dollars ($16)
described above and an additional sum equal to one hundred percent (100%)
of the actual premium less sixteen dollars ($16), but not to exceed one
hundred eighty-four dollars ($184) per month. If the actual total
premiums exceed the aggregate of sixteen dollars ($16) and one hundred
eighty-four dollars ($1 84), the employee will pay the difference.
For employees with “employee plus one dependent” coverage, the sixteen
dollars ($16) described above and an additional sum equal to one hundred
percent (100%) of the actual premium less sixteen dollars ($l6), but not
to exceed three hundred thirteen dollars ($313) per month. If the actual
total premiums exceed the aggregate of sixteen dollars ($16) and three
hundred thirteen dollars ($313), the employee will pay the difference.
For employees with “employee plus two or more dependents” coverage, the
sixteen dollars ($16) described above and an additional sum equal to one
hundred percent (100%) of the actual premium less sixteen dollars
($16), but not to exceed four hundred twenty-eight dollars ($428) per
month. If the actual total premiums exceed the aggregate of sixteen dollars
($1 6) and four hundred twenty-eight dollars ($428), the employee will
pay the difference.
( b )
(c)
25.3 The City shall continue to contribute the monthly sum of sixteen dollars ($16) for
each retired employee who was a member of this bargaining unit and who elects to
participate in the PERS Health Insurance Plan by filing with the City a written
request to participate.
ARTICLE 26. UNIFORM REIMBURSEMENT
26.1 Through June 30, 1996, reimbursement to represented employees for the cost of
purchasing and maintenance of required uniforms shall be five hundred dollars
($500) per year.
From July 1, 1996 through June 30, 1997, reimbursement to represented
employees for the cost of purchasing and maintenance of required uniforms shall be
five hundred twenty-five ($525) per year.
From July 1, 1997 through June 30, 1998, reimbursement to represented
employees for the cost of purchasing and maintenance of required uniforms shall be
five hundred fifty ($550) per year.
From July 1, 1998, continuing for the term of this agreement, reimbursement to
represented employees for the cost of purchasing and maintenance of required
uniforms shall be five hundred seventy-five ($575) per year.
26.2
26.3
26.4
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26.5 It is expressly understood and agreed that payments hereunder constitute
reimbursement for expenses actually incurred by represented employees wearing
and maintaining the uniforms they are requested to wear andlor maintain.
ARTICLE 27. EDUCATION INCENTIVE
27.1 Educational Incentive Compensation. As of January 1 , 1996, the below
described Educational Incentive Program shall be effective.
27.1.1 Step 1: Applicable to sworn Peace officers in the bargaining unit
represented by the Carlsbad Police Officers’ Association.
(a) Requirement: Present proof to the Training Manager,
Carlsbad Police Department, of the following:
( 1 ) Completion of probation as a member of
the Police Department of the City Of Carlsbad.
The Probationary period must have been completed
immediately prior to the time the application for
Educational Incentive Compensation is submitted.
and
Present evidence to the Training Manager, Carlsbad
Police Department, of the award of an Intermediate
Certificate issued by the State of California
Commission on Peace Officer Standards and
Training.
( 2 )
(b) Compensation: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of sixty
dollars ($60) paid biweekly for twenty-six biweekly pay
periods per fiscal year. Such compensation shall be in lieu
of any previous Education Incentive compensation
payments which have been received. Eligibility for
receiving the compensation will be based upon the date the
certificate is issued by P.O.S.T. It is the sole
responsibility of the officer to seek the award of the
certificate.
27.1.2 Step 2: Applicable to all non-sworn employees in the bargaining
unit represented by the Carlsbad Police Officers’ Association.
(a) Requirement: Present evidence to the Training Manager,
Carlsbad Police Department, of the following:
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( 1 ) Completion of probation as a member of
the Police Department of the City Of Carlsbad.
The Probationary period must have been completed
immediately prior to the time the application for
Educational Incentive Compensation is submitted.
and
Present evidence to the Training Manager, Carlsbad
Police Department, of having met the State of
California Commission on Peace Officers Standards
and Training requirements for the award of an
Intermediate Certificate as determined and agreed
to by representatives of the City Manager and the
Carlsbad Police Officer Association President. It is
understood no certificate can be awarded to non-
sworn personnel.
( 2 )
(b) Compensation: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of sixty
dollars ($60) paid biweekly for twenty-six biweekly pay
periods per fiscal year. Such compensation shall be in lieu
of any previous Education Incentive compensation
payments which have been received. It is the sole
responsibility of the employee to seek the award of
compensation.
27.1.3 Step 3: Applicable to sworn Peace officers in the bargaining unit
represented by the Carlsbad Police Officers’ Association.
(a) Requirement: Present proof to the Training Manager,
Carlsbad Police Department, of the following:
( 1 ) Completion of probation as a member of the Police
Department of the City Of Carlsbad. The
Probationary period must have been completed
immediately prior to the time the application for
Educational Incentive Compensation is submitted.
and
Present evidence to the Training Manager, Carlsbad
Police Department, of the award of an Advanced
Certificate issued by the State of California
Commission on Peace Officer Standards and
Training.
( 2 )
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(b) ComDensat ion: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of ninety
dollars ($90) paid biweekly for twenty-six biweekly pay
periods per fiscal year. Such compensation shall be in lieu
of any previous Education Incentive compensation
payments which have been received. Eligibility for
receiving the compensation will be based upon the date the
certificate is issued by P.O.S.T. It is the sole
certificate.
responsibility of the employee to seek the award of the
27.1.4 Step 4: Applicable to all non-sworn employees in the bargaining
unit represented by the Carlsbad Police Officers’ Association.
(a) Requirement: Present evidence to the Training Manager,
Carlsbad Police Department, of the following:
( 1 ) Completion of probation as a member of
the Police Department of the City Of Carlsbad.
The Probationary period must have been completed
immediately prior to the time the application for
Educational Incentive Compensation is submitted.
and
Present evidence to the Training Manager, Carlsbad
Police Department, of having met the State of
California Commission on Peace Officers Standards
and Training requirements for the award of an
Advanced Certificate as determined and agreed
to by representatives of the City Manager and the
Carlsbad Police Officer Association president. It is
understood no certificate can be awarded to nom
sworn personnel.
( 2 )
(b) ComDensat ion: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of ninety
dollars ($90) paid biweekly for twenty-six biweekly pay
periods per fiscal year. Such compensation shall be in lieu
of any previous Education Incentive compensation
payments which have been received. It is the sole
responsibility of the employee to seek the award of
compensation.
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ARTICLE 28. FIELD TRAINING OFFICER
For any pay period in which a represented employee is assigned and acts as a field training
officer, and actually performs field training officer activities, said employee shall be entitled to
receive $25 additional salary far that pay period.
ARTICLE 29. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of detective, shall be assigned a
designated vehicle and shall be entitled to use the vehicle each on duty shift; provided, however,
such assignment of a designated vehicle is expressly conditioned on the availability of vehicles
and does not extend to any detectives assigned in addition to the number assigned as of the date of
this Memorandum.
ARTICLE 3Q. I ONG TERM DIS ABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability
insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment
eligibility. In all other respects, said insurance shall continue unchanged.
ARTICLE 31. PREGNANCY DISABILITY LEAVE
The City agrees to provide up to four (4) months of unpaid leave for any employee who is
disabled by pregnancy, as such disability is determined by competent medical evidence. The
Department may elect to extend such unpaid leave beyond four (4) months, but such
extension(s), if any, shall be in the sole discretion of the Department and the Department may
take into consideration staffing and other needs of the Department, prior leaves by the
requesting employee, the employee’s vacation and sick leave balances and such other factors as
the Department may deem appropriate.
ARTICLE 32. DISABILITY RETIREMENT
If the disability retirement of an employee is contested, then the affected employee shall be
entitled to an evidentiary hearing to determine whether such retirement shall be granted. Such
a hearing shall be conducted by an Administrative Law Judge appointed by the California Office
of Administrative Hearings. The Administrative Law Judge shall make findings and
recommendations to the City Manager, who shall have the final determination as to the disability
Board to determine whether a disability is or is not industrial. An employee may waive hidher
right to an evidentiary hearing.
ARTICLE 33. VACATION
33.1
retirement, Nothing herein shall affect the jurisdiction of the Workers’ Compensation Appeals
All eligible miscellaneous and uniformed police employees shall be entitled to a vacation
according to the number of continuous full years of employment based on the following
scale:
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4 through 5 full years of continuous service
6 through 10 full years of continuous service
10 through 11 full years of continuous service
11 through 12 full years of continuous service
12 through 13 full years of continuous service
13 through 14 full years of continuous service
14 through 15 full years of continuous service
16 and over full years of continuous service
- 10 working days
- 15 working days - 16 working days
- 17 working days - 18 working days - 19 working days - 19 working days - 20 working days
Employees will not be entitled to take vacation pay until they have been employed
with the City for six (6) full months.
33.2 -
All employees shall be entitled to accrue vacation up to a maximum of 232 hours.
ARTICLE 34. HOLIDAYS
34.1 The City agrees to observe twelve (12) scheduled paid holidays plus one (1)
floating holiday per year. Any floating holiday is to be taken at the discretion of the
individual employee with the approval of the Department Head. The holiday
schedule shall not interfere with, influence, or otherwise change the scheduling of
shift employees by the department.
The holiday schedule for the term of this agreement is as follows: 34.2
New Year’s Day
Martin Luther King’s Birthday
Lincoln’s Birthday
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
34.3 Members of the Police Department who are required to work a normal eight hour
day (8:OO a.m. to 5:OO p.m., Monday through Friday) shall receive holiday
overtime at the rate of one and one-half times the employee’s regular hourly rate
of pay for each of the twelve scheduled holidays worked in a forty hour work week,
and having worked a minimum of six of the twelve scheduled holidays in any
calendar year shall receive holiday overtime pay for twelve holidays. Payment
shall be made during the pay period wherein the overtime is worked and during the
final month of the fiscal year because of fulfillment of the “minimum of six”
requirement.
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ARTICLE 35. ALCOHOL A ND DRUG POUCY
I. poucy
It is the policy of the City of Carlsbad to provide, for its employees, a work
environment free from the effects of drugs and alcohol consistent with the
directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a
clinical laboratory which is certified by the National Institute on Drug Abuse
(NIDA), now known as the Substance Abuse & Mental Health Services
Administration (SAMHSA). All procedures and protocols for collection, chain of
custody and testing will be conducted consistent with standards required under
SAMHSA certification. This policy will be interpreted consistent with the
provisions of the Public Safety Officers Procedural Bill of Rights (Government
Code Section 3300 et seq.). This policy is intended to accomplish that objective.
A. Definitions - 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 cannabinoids.
2. “Workplace” means any site where City-assigned work is performed,
including City premises, City vehicles or other premises or vehicles,
while City-assigned work is being conducted, or within a reasonable
time thereafter.
3. “Reasonable suspicion’’ means a standard for evidence or other
indication of impairment of normal physical or mental skills by
alcohol or drugs where such impairment could negatively affect work
performance or could pose a threat to public or employee safety.
B. Emplovee ResDonsibilities
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;
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;
b.
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c. 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 later
than five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
abide by all terms of this policy. d.
2. Employees are encouraged to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-
counter medications), which may interfere with safe or effective
performance of their duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or
any conviction under a criminal drug statute whose scope and
employment are relevant to City employment may result in
disciplinary action up to and including termination if there is
relevant nexus between such offduty involvement and the employee’s
employment with the City, consistent with the legal requirements for
disciplinary due process.
C. Fmplover Sea rches
For the purpose of enforcing this policy and maintaining a drug-free
workplace, the City reserves the right to search, with or without prior
notice to the employee, all work areas and property in which the City
maintains full or joint control with the employee, including but not
limited to City vehicles, desks, lockers, file cabinets, and bookshelves.
These areas remain part of the workplace context even if the employee has
placed personal items in them. Employees are cautioned against storing
personal belongings in work areas under full or joint City control since
such work areas may be subject to investigation and/or search under this
policy. If the Public Safety Officers Procedural Bill of Rights
(Government Code Section 3300 et seq.) is applicable to a particular
search, then the City will comply therewith, notwithstanding any
provision of this policy.
Employer searches shall occur when there is a determination of
“reasonable suspicion” as defined herein. Such searches shall be
conducted by persons having supervisory and/or other legal authority to
conduct such searches. Searches will not normally occur without
concurrence of more than one supervisor. Nothing herein shall prevent
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the City from taking appropriate action if there is an inadvertent
discovery of evidence of drug or alcohol use.
Consequences of Violat 0. ion of Policy ..
1. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide
by this policy may also be directed or allowed to satisfactorily
participate in an approved alcohol or substance abuse assistance or
rehabilitation program.
II. DRUG AND ALCO HOLANAL YSlS
A. Pre-emplovment Drua and 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.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for City employment.
Emplovee Drua and 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.
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 the form of "breathalizer,"
urine, or blood analysis.
c. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport
the employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a slurred speech.
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b
b. alcahd odor' bn breath:
c. unsteady walking or movement not related to prior injury or
disability;
an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
physical or verbal behaviors that are disruptive, non-
responsive, unusual for that employee or otherwise
inappropriate to the workplace situation;
attributable possession of alcohol or drugs;
information obtained from a reliable person with personal
believe that an employee is under the influence of alcohol or
drugs.
d.
e.
f.
g. knowledge that would lead a reasonably prudent supervisor to
3. Refusal to remain on the premises or to submit to a drug 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.
4. A drug and alcohol analysis may test for the presence of any drug
which could impair an employee's ability to effectively and safely
perform the functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug
test sample,
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed
necessary by the City.
111. EMPLOYEE ASSISTANCE PROGRAM
A. The City has a well established voluntary Employee Assistance 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 program is provided by
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National Resource Consultants (NRC) and can be reached by calling
l(800) 999-7222.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through 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 job performance or for
violation of any City policy.
C.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Understanding to be effective as stated herein.
CITY OF CARLSBAD
APPROVED AS TO FORM:
l%&dc;c',?, ,. If- 1- I7-96
RONALD R. BALL, city w Date
CARSBAD POLICE OFFICERS ASSOCIATION
% I1 d 757-
Date
29
- RANGE STEPA STEP 6 STEP C STEP 0 STEP E
16 $85994 $932.94 $948.08 $995.49 $1D45.26
a0 $1,0%,40 $1,150,08 $1208,64 $1268-82 $1332.26
22 $1,150.08 $1238.64 $1268.82 $1332.26 $1,398.97
36 $1,389.26 $1,4S.(x3 $1531.74 $1a.93 Slb89.08
37 $1,426.00 $1A97.30 $1572.16 $1650.77 $1,733.31
38 SlA59.03 $1531.74 SlD.93 $1689.08 $1,773.68
4L $1,773.68 $1,861.25 $1,954.76 S2W.71 $2,155.13
co $1,179.35 $1238.53 $1300.46 $1365.48 $1,433.75
RANGE
16
a-
22
36
37
38
42
co