HomeMy WebLinkAbout1996-09-17; City Council; 13812; MEMORANDUM OF UNDERSTANDING WITH CARLSBAD CITY EMPLOYEES' ASSOCIATIONh3 w =4 0 E 2
z 0 F 0 a
=! 0 z 3 0 0
The increased cost to the City for calendar years 1997 and 1998 are estimated as follows:
1997 Salary adjustment $1 10,000
Retirement Health insurance $47,500
1998 Salary adjustment $160,000
Health insurance $30,500
$370,000
. v 0
Page 2 of AB # /3,2/&
FISCAL IMPACT:
Compensation:
For FY 1996/97, the increased cost to the City for the 1.3% salary adjustment is estimated at
$55,000. Funds will be transferred from the Council’s General Fund Contingency Account to
cover salary adjustments for General Fund employees. Funding for salary adjustments will be
transferred from hd balances for employees paid from other funds. For FY 1997/98, an
additional $1 10,000 will be needed to cover the salary adjustments. These increases will be
included in the FY 1997/98 Operating Budget.
In FY 1997/98, the increased cost to the City for the 1.836% salary adjustment is estimated to be
$80,000. For FY 1998/99, an additional $160,000 will be needed to cover the salary
adjustments. These increases will be included in the FY 1998/99 Operating Budget.
Retirement:
A PERS rate increase for the retirement benefit would not become effective until July 1, 1998,
and therefore would not affect the FY 1996/97 or 97/98 Operating Budgets. However, the City
currently has available reserves in the PERS system of approximately $725,000, and a portion of
this surplus may be utilized to offset the projected rate increase beginning in FY 1998/99.
Health Insurance:
If health insurance premium rates increase in January 1997 as anticipated, the estimated $48,000
increase would be reflected in the FY 1997/98 Operating Budget. If health insurance premium
rates increase once again in January 1998, the estimated $30,000 increase would again be
reflected in the following FY 1998199 Operating Budget.
EXHIBITS:
1. Resolution No. adopting the extended Memorandum of Understanding between 96 -30 ?
the City of Carlsbad and the Carlsbad City Employees’ Association.
Memorandum of Understanding including the Classification and Salary Range Schedule
for General Employees.
2.
r / --
1
2
3
4
5
6
7
8
9
10
11
12
13
l4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
RESOLUTION NO. 9 6 - 3 0 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN REPRESENTATIVES OF
MANAGEMENT AND THE CARLSBAD CITY EMPLOYEES'
AS SOCIATION.
WHEREAS, representatives of management and the Carlsbad City Employees'
Association have met and conferred in good faith from June 1996 to August 1996
pursuant to the Meyers-Millias-Brown Act regarding wages and other terms and
conditions of employment; 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 1
accept such an agreement in the form of a Memorandum of Understanding, marked
Exhibit 2 and incorporated by reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
1.
2.
That the above recitations are true and correct.
That an estimated $55,000 in funds will be transferred from the CCEA
employees' respective contingency fund and fund balances to cover the expense of a 1.3%
salary adjustment effective January 1, 1997. That the Classification and Salary Range
Schedule for General Employees as set out in Attachment A of the MOU be adopted.
1/11
1/11
///I
I///
i; I
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
l7
18
19
20
21
22
23
24
25
26
27
28
@ 0
3.
Association and representatives of management is hereby accepted.
That the Memorandum of Understanding between the Carlsbad City Employees'
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 17th day of SEPTEMBER , 1996; by the following vote, to
wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ATTEST:
aLETHA L. RAUTENKRANZ, City Ckrk
(SEAL)
4
em 0.
Exhibit 2
MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees’ Association
Effective January 1,1996, through December 31,1998
T c-
I
0. 0.
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Foreword ........................................................................................................ Page 1
Preamble ........................................................................................................ Page 1
Article 1 Recognition ............................................................................ Page 1
Article 2 Implementation ...................................................................... Page 1
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 11 Confidential Employees ......................................................... Page 6
Article 12 Payroll Deductions ................................................................. Page 6
Article 13 Distribution of Paychecks ...................................................... Page 6
Article 14 Compensation Adjustments ................................................... Page 6
Article 15 Overtime ................................................................................ Page 7
Article 16 Working Out of Class ............................................................ Page 10
Article 17 Injured on Duty ...................................................................... Page 11
Article 19 Uniforms and Equipment ..................................................... ..Page 12
Article 20 Tool Reimbursement .............................................................. Page 13
Article 21 Longevity Pay ........................................................................ Page 14
Article 22 Vacation ................................................................................ Page 15
Article 23 Holidays ................................................................................. Page 17
Article 25 Bereavement Leave ....................................... page 20
Article 26 Leave of Absence ................................................................... Page 20
Article 29 Rest Periods ........................................................................... Page 23
Article 30 Late Starts .............................................................................. Page 23
Article 3 1 Flexible Classifications .......................................................... Page 23
Article 32 Flexible Start Hours ............................................................... Page 24
Article 33 Flexible Work Schedules ....................................................... Page 24
Article 34 Flexible Job Sharing .............................................................. Page 24
Article 3 5 Health Insurance .................................................................... Page 25
Article 36 State Disability Insurance ...................................................... Page 25
Article 37 Long Term Disability ............................................................. Page 26
Article 38 Retirement ............................................................................. .Page 26
Article 39 Deferred Compensation ......................................................... Page 26
Article 10 Association Rights ................................................................. P age 4
.. Article 18 Bilingual Pay .......................................................................... Page 12
Article 24 Sick Leave .............................................................................. Page 18
Article 27 Military Leave ........................................................................ Page 22
Article 28 Jury Duty ................................................................................ Page 22
k
e@ eo
Memorandum of Understanding
Table of Contents
Page 2
Article 40 Health Insurance for Retirees ................................................. Page 26
Article 41 Grievance Procedure .............................................................. Page 27
Article 42 Disciplinary Procedures ......................................................... Page 32
Article 43 Alcohol and Drug Policy ....................................................... Page 38
Article 44 Air Pollution Control District ................................................ Page 42
Article 46 Communications .................................................................... Page 42
Page 42 Article 47 Legal Representation .............................................................
Article 49 Carlsbad Municipal Water District ........................................ Page 46
Article 5 1 Provisions of Law .................................................................. Page 47
Article 52 Retention of Benefits ............................................................. Page 47
Article 53 Non-discrimination Clause .................................................... Page 47
Resolution .............................................................................. Page 47
Article 55 Americans With Disabilities Act ........................................... Page 48
Article 56 Family Leave Act ................................................................... Page 48
Article 45 Access to Information ............................................................ Page 42
Article 48 Layoff ..................................................................................... Page 43
Article 50 Full Understanding. Modification & Waiver ......................... Page 46
Article 54 Employer-Employee Organization Relations
Attachment A
Attachment B
Attachment C
Attachment D Employer-Employee Relations Resolution
Salary Schedule . General Employees
Benefits Retained by CMWD Employees
CMWD Salary Schedule and Job Classification
/ .
(Y mo
MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
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
representatives 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 and Attachment C; 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 Recognition
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. Attachment C lists additional
classifications added to this unit.
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.
B.
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:
1
w eo
The City Council acts, by majority vote, formally to approve and adopt said
Memorandum.
Article 3 Term
The term of this Memorandum of Understanding shall be from January 1,1996, through
December 3 1, 1998.
Article 4 Renegotiation
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum of Understanding, that party shall serve upon the other a notice of such intent
approximately one hundred twenty (120) days prior to expiration of the Memorandum of
Understanding. Not more than thirty (30) days following such notice the parties shall meet. At
such meeting, the parties will decide on a date for the mutual exchange of the issues each wishes
to address during the meet and confer process. Such exchange shall occur not more than thirty
(30) days after such meeting.
Article 5 Effective Dates
As of January 1, 1996, the terms of this Memorandum of Understanding will supersede the
provisions of Resolution No. 95-157 adopted by the City Council of the City of Carlsbad on
June 20, 1995. After re-opening on an extension of the contract covering calendar year 1996,
CCEA and the City have agreed that as of September 17, 1996, the terms of this Memorandum of
Understanding will supersede the provisions of Resolution No. 96-84 adopted by the City
Council of the City of Carlsbad on March 12,1996.
Article 6 Authorized Agents
For the purpose of administering the terms and provisions of this Memorandum:
A. 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) 434-2859), except where a particular City representative is specifically
designated in connection with the performance of a specific function or obligation set
forth herein.
CCEA authorized representative shall be its President or authorized representative (Olins,
Foerster & Hayes, Attention Doug Oh, 2214 Second Avenue, San Diego, California
B.
92101, (619) 238-1601).
Article 7 No Strike and No Lockout
A. No Strike. During the life of this agreement, neither the Association nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
2
1y om
(including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any
other intentional disruption of the operations of the City, regardless of the reason for so
doing.
Penalty. Any employee engaging in activity prohibited by Article 7, A., or who instigates
or gives leadership to such activity, shall be subject to disciplinary action.
No Lockout. 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.
Association Official Responsibility. Each employee who holds the position of officer of
the Employee Association occupies a position of special trust and responsibility in
maintaining and bringing about compliance with the provision of this article, the
Association agrees to inform its members of their obligations under this agreement and to
direct them to return to work.
B.
C.
D.
Article 8 Citv Riphts -
The rights of the City include, but are not limited to the exclusive right to determine mission of
its constituent departments, commissions, boards; set standards of service; determine procedures
and standards of selection 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 Employee Rights
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 the 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 employee organization(s) because of the exercise of
hidher 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.
B.
C.
D.
3
@. @a
Article 10 Association Rights
A.
B.
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 CCEA and employees represented by CCEA
arising out of information contained in the “Information Sheet.” Prior to distribution the
“Information Sheet” must be approved by the Human 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 Hall, Las Palmas and the main Library). Material
placed on said bulletin 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’ Lounge, 2) Library
Employees’ Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Las Palmas
Employees’ Lounge, 6) Safety Center Employees’ Lounge, 7) Mechanical Maintenance,
8) Stagecoach Community Park, 9) Calavera Community Park, 10) Redevelopment, 1 1)
Senior Center.
By mutual agreement additional locations may be added.
CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the
bulletin boards furnished by the City for the exclusive use by CCEA.
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 authorized representative shall not enter any
work location without the consent of the Department Head or hisher designee or the City
Manager or hisiher designee. The Department Head or hisher designee shall have the
right to make arrangements for a contact location removed from the work area of the
employee. Management shall not unreasonably deny access.
CCEA may, with the approval of the Human Resources Department, be granted the use of
City facilities for after hour meetings,
C.
D.
E.
F.
4
1:
ee ma
G. CCEA shall be allowed to designate employee representatives to assist employees in
preparing and processing grievances; and preparing and presenting material for
disciplinary appeals hearings.
CCEA 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 discipline or
grievance hearings or City Council meetings 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 shall be compensated in accordance with the overtime provisions of 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 this article shall direct
such request to hisher 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.
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 approve the
attendance at such meetings of additional employee representatives with or without loss
of compensation. The employee organization shall, whenever practicable, submit the
names of all such employee representatives to the City at least two working days in
advance of such meeting. Provided further:
(1)
H.
That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Department Head or other authorized
City management official.
That any such meeting is subject to scheduling by City management in a manner
consistent with operating needs and work schedules. (2)
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.
5
A
.. II)
Article 11 Confidential Employees
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 limit the right of confidential employees to be members of and to hold
office in 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.
Unit employees assigned to payroll function in the Finance Department and the Finance
Department Secretary.
Data Processing Programmer, assigned to Information Systems Department. 5)
Article 12 Payroll Deductions
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 of Paychecks
For CCEA represented employees the City shall continue to distribute employee pay checks in
sealed and windowed envelopes.
Article 14 Compensation Adiustments
Employees in the bargaining unit shall receive a general salary increase equal to two percent
(2%) of salary, effective January 1 , 1996.
Employees in the bargaining unit shall receive a general salary increase equal to 1.3 % of salary,
effective the pay period inclusive of January 1,1997,
Employees in the bargaining unit shall receive a general salary increase equal to 1.836 % of
salary, effective the pay period inclusive of January 1, 1998.
6
4
f
-* -
Article 15 Overtime
1. Overtime
Any employee required to perform in excess of 40 hours in a 7 day cycle and/or in excess
of an employee’s normal work day shall receive compensation at the rate of time and one-
half hisher 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 leaves shall be included in the
total hours worked. Excluded from the total hours worked are duty free lunches, travel
time to and from work, and time spent conducting bona fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any
again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
workday or workweek on which premium rates have once been allowed shall not be used
2. Call Back Pay
Call back duty occurs when an employee is ordered to return to duty on a non-regularly
scheduled work shift. Call back does not occur when an employee is held over from
hisher prior shift or is working prior to hisher 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 the page, except an employee shall not be entitled to said minimum if the
assignment has been scheduled in advance and the employee is provided with at least
seven (7) calendar days notice of said assignment.
3. Compensatory 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. Should
any employee exceed 80 hours of accrued compensatory time, he/she 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 hisher
accrued compensatory time at hisher regular rate of pay. Notice shall be provided to the
Human Resources Department no later than November 15 of the employee’s election to
7
; li
I>
-~
“cash out” a portion of hisher accrued compensatory time. This “cash out” shall be paid
during the first pay period in December.
4. Overtime Authorization
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.
5. Clothes Changing
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
hisher own personal convenience. An employee may or may not utilize the locker for
storage and changing purposes at hisher own discretion.
Nothing herein prevents an employee from wearing hisher uniform to and/or from
hisher residence to work.
Nothing herein prevents an employee from wearing hisher 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.
6. Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to
Code of Federal Regulations (CFR), Section 785.27, et. Seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to
CFR Section 785.33, et. Seq.
When feasible, the Department will adjust the employee’s work schedule to minimize the
impact of travel and training time.
7. City 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 radio must be left on and
monitored.
8
8. Court Pay
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. Standbv Pay
“Standby assignment” requires an employee to:
a. Review and confirm receipt of the standby assignment schedule within the
deadlines established by the applicable department;
b. Wear a City-provided pager and carry a City-provided cellular phone during
standby assignment;
c. Respond to a page by telephone promptly without delay. If an employee has
arranged for another employee to respond, the employee must notify the
supervisor, the department, and dispatch of the name of the substitute employee
who will respond. Thereafter, callback shall be handled in accordance with each
department’ s standb y/call bac k policy;
d. Each department’s standby/callback policy shall be developed and submitted to
Association representatives for meeting and conferring which shall be completed
within sixty (60) days of the final approval of this agreement. In addition, the
City shall provide training for the supervisors and managers responsible for
administering departmental standby/callback policies and shall also provide
orientation for all employees subject to the standby/callback policies;
e. Abide by the City’s Alcohol and Drug Policy as specified in Article 43 of this
agreement during standby assignment;
f. Wear appropriate clothing, safety equipment, and any other form of City
identification as defined by the department when making a callback response from
standby assignment;
g. Accept $20.00 per day (or $14.29 for former CMWD employees) for each day on
standby assignment.
h. Acknowledge and agree that time on standby assignment is not considered to be
compensable work time for purposes of the Fair Labor Standards Act (FLSA);
provided, however, (1) individuals have not waived any rights they may have
outside of this contract under the FLSA; and (2) neither the fact of these
negotiations nor the changes negotiated in this agreement shall be used by either
9
@e @e
party or by any individual to the prejudice of the other party in any grievance or
complaint outstanding as of the time of this agreement.
10. 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 hisher
compensable hours increased as a result of the trade; nor shall the employee receiving the
trade have hisher compensable hours decreased as a result of the trade. Any premium
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 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 the 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
action.
pay or other extra compensation will be waived for both individuals during the period
11. Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved
in the relief and must be approved in advance by the department. The employee
providing the early relief shall not have hisher compensable hours increased as a result of
the early relief; nor shall the employee relieved early have hisher compensable hours
decreased as a result of the early relief. “Paybacks” of early relief hours are the sole
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 the employment of the City or are assigned other duties.
Article 16 Working; Out of Classification
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 (1 5) consecutive working days or more than forty-five (45) cumulative working days
within a fiscal year, 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
10
eo .. step of the salary schedule of the higher classification which will assure an increase of not less
than 5% greater than the salary of hisher current position, but in no case shall such salary exceed
the top salary step of the higher classification. The higher salary rate payable shall commence on
the sixteenth (1 6th) working day following the temporary reassignment of the performance of
duties of the higher classification. The requirement for the performance of duties of the higher
classification shall be placed in writing by the Human Resources Director following
recommendation by the affected Department Head. No employee shall be required to perform
any of the duties of a higher classification unless that employee is deemed to 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 (1 SO) calendar days in a higher classification unless approved by the
City Manager.
A person appointed in an acting capacity shall be eligible to receive merit increases in hisher
regular position during the acting appointment, but shall not be entitled to merit increases in the
position which helshe holds 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 higher classification beyond a period of fifteen (1 5)
working days, prior to the 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 hisher original salary rate upon the expiration of the need for the
performance of the duties of the higher classification.
Article 17 Injured on Dutv
Occupational Sick Leave is leave with pay that is granted to employees who have sustained a
work related injury or illness and are temporarily disabled from work.
Any general employee that sustains a work related injury or illness and becomes temporarily
temporary disability benefit, for a period of up to forty-five (45) calendar days for any single
incident. The periods of temporary disability need not be continuous.
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 forty-five (45) calendar days.
The City reserves the right to determine whether occupational sick leave will be granted.
Granting of occupational sick leave will be subject to the same procedures and standards
(including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical
Examiners, etc.) as used in workers’ compensation matters.
disabled from work as a result, may receive their full salary, in lieu of the State mandated
11
w w
An employee that is still temporarily disabled after the forty-five (45) calendar days have been
exhausted will be paid at the rate established by the California Labor Code for such disabilities.
However, the City shall supplement the State rate, up to the employee’s full salary level, by
utilizing any vacation, sick, or compensatory leave that the employee has 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 a work related injury
or illness will continue to accrue sick leave and vacation leave for the period of incapacitation
that does not exceed forty-five (45) calendar days. However, once the maximum occupational
sick leave benefit has been exhausted [forty-five (45) calendar days] the employee will no longer
accrue sick or vacation leave for the duration of hisher absence.
Article 18 Bilinzual Pay
The City will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of bilingual
skills. The determination of the number of persons/positions 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 Uniforms and Equipment
A. The City shall continue to provide and maintain uniforms in the maintenance
departments.
B.
C.
Employees shall be responsible for proper care and maintenance of uniforms.
Except for reasonable travel time to and from work, uniforms shall not be worn outside
the context of performing maintenance functions while on duty or as otherwise acting as
an agent of the City.
The City shall continue to purchase safety boots or safety shoes for classifications as
determined by the City. The City shall establish, subject to consultation with the affected
employees, a voucher system to purchase safety footwear from City-approved vendors.
Individual acquisitions made outside the voucher system must be pre-approved for
reimbursement after review by the employee’s supervisors.
Acquisition of safety footwear shall be limited to a maximum of two (2) times per year
not to exceed a cost of $125 per acquisition. In special circumstances as determined and
D.
12
m om
pre-approved by the employee’s supervisor, safety footwear acquisition requiring an
expenditure over $125 may be made one (1) time per year, not to exceed a cost of $175.
The City will reimburse any employee who is required to wear safety glasses and/or
goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of
prescription lenses for such glasses and/or goggles, subject to the following conditions:
1.
2.
E.
The employee must present an appropriate receipt;
Reimbursement is for lenses only and not for eye examination, treatment or visits
to an optometrist or optician;
3. The City will provide reimbursement only for glasses and/or goggles if the
prescription has changed or if glasses andor goggles have been damaged; and
Glasses and/or goggles for which the City has provided reimbursement shall only
be used while performing work for the City.
4.
Article 20 Tool Reimbursement
This article applies only to eligible employees in the following job classifications who furnish
their own tools as a condition of employment: Equipment Mechanics and Equipment Service
Workers.
Employees in the job classifications mentioned are required to provide their own tools 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 all
the tools in the employee’s possession at work, including those tools over and above the
“essential tool list,” must be on file with the Superintendent. The City has the right to request
that a specialized tool(s) not be kept in the employee’s inventory.
The City will reimburse the employees in the above classifications up to four hundred dollars
($400) in a fiscal year for the cost of tools, subject to the following conditions:
1)
2)
The employee must present an appropriate original receipt;
Such reimbursement will be paid only once during the fiscal year, by September 30, and
cannot be accumulated from year to year.
In addition, the employee will be reimbursed via the necessary payable documents for tool
expenses up to four hundred dollars ($400) per year. Those expenses not documented by an
13
m .)
original receipt, up to the four hundred dollar ($400) maximum, will be incorporated into the
employee’s regular payroll check and treated as taxable income.
It is the responsibility of the Equipment Maintenance Superintendent to direct the administration
of the tool reimbursement and:
A. Provide a list of “essential tools” which define the full inventory of tools required for
employees to be eligible for tool reimbursement.
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 adding tools to the
“essential tool list.”
C.
Employees receiving a tool reimbursement shall allow inspection of personal tool box by
supervisor to verify outfitting of tools. The eligible employee 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
reimbursement being withheld from the individual until such time as the employee comes into
possession of all “essential tools.”
The appropriate supervisor during the month of August will:
A.
B.
Review the personal tool inventory as meeting the requirements of “essential tools.”
Provide a recommendation to the Superintendent of an alternate tool as a substitute for
the tool listed on the “essential tools” list on an item-by-item basis.
In September of each year, the Superintendent shall prepare the necessary payable documents to
provide for payment of the tool reimbursement to eligible employees.
Article 21 LonPevitv Pay
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 range prior to July 1,1976, may
any case where an employee is promoted and moves from the employee’s existing class
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
credit this service toward the service requirement for movement to Salary Step L1 I In
2.
14
- -w
or after July 1, 1976, have attained ten (1 0) continuous years of service in the City of
Carlsbad 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.
3. 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 (1 0) years of continuous service at the “E”
Step of the same salary range, prior to July 1,1976, may credit this service toward the
service requirement for movement to Salary Step L2. In any case where an employee is
promoted and moves from the employee’s existing class 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.
Article 22 Vacation
A. Basis of Accrual
Accrual of vacation begins with the first working day following appointment and
thereafter accrues on a biweekly basis to begin at the first (1 st) full pay period after
eligibility. The following shall be the annual vacation leave schedule.
e Beginning with the first (1 st) working day through the completion of five (5) full
Beginning the sixth (6th) year of employment through the completion of ten (1 0)
Beginning the eleventh (1 1 th) year of employment through the completion of
calendar years of continuous service - 80 hourdyear (3.08 hours biweekly).
e
full calendar years of continuous service - 120 hourdyear (4.62 hours biweekly).
eleven (1 1) full calendar years of continuous service - 128 hours/year (4.92 hours
biweekly).
e Beginning the twelfth (1 2th) year of employment through the completion of
biweekly).
Beginning the thirteenth (1 3th) year of employment through the completion of
twelve (1 2) full calendar years of continuous service - 13 6 hourdyear (5.23 hours
e
thirteen (13) full calendar years of continuous service - 144 hourdyear (5.54 hours
biweekly).
e Beginning the fourteenth (14th) year of employment through the completion of
fifteen (1 5) full calendar years of continuous service - 152 hours/year (5.84 hours
biweekly).
15
-- --
0 Beginning the sixteenth (1 6th) year of continuous employment, vacation time
shall be accrued, and remain at a rate of 160 hours for every full calendar year of
continuous employment thereafter (6.15 hours biweekly).
B. Vacation Accrual
All employees shall be entitled to accrue vacation up to a maximum of 240 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
established herein, he/she must submit a request in writing to hisher department listing
these reasons. The Department Head and City Manager shall review and may grant such
request if it is in the best interest of the City. The excess of the limit shall be determined
by 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 hisher accumulated vacation because of
scheduling problems within the individual department.
Effects of Holiday on Vacation Leave
In the event one or more authorized municipal holidays fall within a vacation leave, such
holiday shall not be charged as vacation leave, but shall be credited as a holiday.
Effect of Leave of Absence on Accrual of Vacation Leave
An employee’s accumulation of vacation leave will cease after the completion of two (2)
full scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accrual will be reinstituted beginning the first day of the
first full pay period after the employee has returned to work.
Compensation for City Work During: Vacation Prohibited
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 hisher paid
vacation leave from City service. This clause shall not limit the City’s right to recall an
employee from vacation in the event of an emergency and place himher on regular pay
status.
C.
D.
E.
F. Scheduling Vacations
An employee may take hisher annual vacation leave at any time during the year,
contingent upon determination by hisher 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 normally provide one week
notice in advance of the day(s) he/she is requesting vacation time off. When a family
emergency arises which necessitates the use of vacation time, an employee shall provide
as much advance notice as possible considering the particular circumstances.
16
-- --
G. Terminal Vacation Pay
An employee with regular status separating fi-om the City service who has accrued
vacation leave shall be entitled to terminal pay in lieu of such vacation. No leave credit
will be earned on terminal leave payments. When separation is caused by death of an
employee, payment shall be made to the estate of such employee or, in applicable cases,
as provided in the Probate Code of the State.
Article 23 Holidavs
A. Authorized Holidays
The City shall observe: eleven (1 1) scheduled paid holidays plus two (2) floating
holidays for employees assigned to eight-hour-per-day-five-days-per-week workweeks
and employees participating in the trial 9/80 alternative work schedule; and nine (9)
scheduled holidays plus two (2) floating holidays 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. Martin Luther
King’s Birthday (MLK) will be commemorated by City employees as a floating holiday.
If/when local government employers are required to commemorate MLK on a designated
date, this floating holiday will convert to a scheduled holiday.
The scheduled paid holidays that will be official City holidays for the term of this
agreement shall be as follows:
New Year’s Day Veteran’s Day
Lincoln’s Birthday Thanksgiving Day
Memorial Day Christmas Day
Independence Day
Labor Day
Columbus Day
Washington’s Birthday Thanksgiving Friday
Martin Luther King’s Birthday (Floating Holiday)
One (1) Floating Holiday
B. Procedure if Holiday Falls on Saturday or Sunday
For those employees whose normal work week is Monday through Friday, when a
holiday falls on a Saturday, the preceding Friday shall 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 which will identify the
specific days on which the above holidays will be observed as official City holidays and
which days will not be observed for employees on ten-hours-per-day-four-day-per-week
workweeks.
I
17
- - --
C. Employees Required to Work on Holidays
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),
nine (9), or ten (10) hours of holiday pay as applicable. All employees who are
entitled to be absent on any holiday, and who in fact are absent, shall receive full
compensation therefore at the straight time rate.
Those employees whose work schedules and assignment of duties require himher
to work on an authorized holiday shall receive eight (8), nine (9), or ten (10) hours
of holiday pay as applicable for such work week at the same rate of pay at which
he/she is employed, in addition to hisher normal pay for the time worked.
If a holiday occurs on a day which is the employee’s regular day off he/she shaIl
be entitled to holiday pay in the amount of eight (8), nine (9), or ten (10) hours as
applicable at straight time.
2.
3.
D. Employees on Industrial Leave
Employees on Worker’s Compensation Leave pursuant to Article 17 shall not be entitled
to additional pay and/or additional time off for holidays which occur during the time an
employee is on industrial leave.
Effect of Sick Leave on Holiday Pay
An employee whose work schedule and assignment of duties require himher to work on
an authorized holiday and who calls in sick on that work shift shall be paid eight (8), nine
(9), or ten (10) hours as applicable of holiday pay and shall also be charged for the
appropriate use of sick leave.
E.
Article 24 Sick Leave
A. Accrual
Every probationary and regular full time employee shall accrue eight (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 biweekly basis. Such
accruals shall be cumulative. An employee shall not receive payment for unused sick
leave accumulated to hisher 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 as follows:
1. In the case of actual illness or disability that is not job related.
18
- -
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
A pre-scheduled doctor, dental, or optometry appointment has been approved by 3.
the employee’s direct supervisor.
Because illness of a member of the immediate family requires constant care and
no other care is available and/or financially feasible except that of the employee.
Immediate family is defined in Article 25, Bereavement. Effective on the date of
adoption of this contract, the use of sick leave for illness of a family member is
applicable to all former CMWD employees. All leave provisions will be
administered consistent with state and federal laws.
4.
B. Proof of Illness
In order to receive compensation while absent from duty on sick leave, the employee
must notify hisher immediate supervisor prior to the time set for the beginning of hisher
regular duties. The Department Head may request a certificate issued by a licensed
physician or other satisfactory proof of illness when abuse is suspected and/or when sick
leave use is in excess of three (3) consecutive work days. The Department Head may also
designate a licensed physician to conduct a physical examination, and such examination
shall be conducted at City expense. Employees shall be required to account for all hours
they are requesting as sick leave by filling out a leave of absence request form. Violation
of sick leave privileges may result in disciplinary action and/or loss of pay when in the
opinion of the Department Head the employee has abused such privileges.
Effect of Leave of Absence
An employee’s accumulation of sick leave will cease after the completion of two (2) full
scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accrual will be reinstituted beginning the first day of the
first full pay period after the employee has returned to work.
C.
D. Blood Donations
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. Effect of Holidays
Holidays occurring during sick leave shall not be counted as sick leave.
19
- - --
F. Sick Leave Conversion
Any permanent employee who has accrued and maintains a minimum of one hundred
(1 00) hours of sick leave shall be permitted to convert up to twelve (1 2) 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. Employees will not be allowed to convert sick leave to
vacation if they are already above the allowed vacation accrual maximum of 240 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 25 days of accrued sick leave to one month of extended service.
Article 25 Bereavement Leave
A. An employee may use up to three work shifts 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 leave 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 employee acts as legal guardian, or a verifiable current member of the
immediate household.
B. The employee may be required to submit proof of relative’s death before final approval of
leave with pay is granted.
Article 26 Leave of Absence
1. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
recommendation of hisher 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 hisher position in the City service.
20
-- -w
3. For personal reasons acceptable to the City Manager and Department
Head.
B. Authorization Procedure
Requests for leave of absence without pay shall be made upon 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 paid by the City during the leave
of absence. The request shall normally be initiated by the employee, but may be
initiated by his/her Department Head, and, upon written recommendation of the
Department Head that it be granted, modified or denied, shall be promptly
transmitted to the City Manager. A copy of any approved request for leave of
absence without pay shall be delivered promptly to the Directors of Finance and
Human Resources.
Length of Leave and Extension
A leave of absence without pay may be made for a period not to 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 (1 4)
calendar days prior to the expiration of the original leave.
C.
D. Return From Leave
When an employee intends to return from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact hidher
Department Head at least fourteen (14) calendar days prior to the day he/she plans
to return. The Department Head shall promptly notifl the City
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.
E. Effect of Leave Without Pay
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 two full scheduled pay periods 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 two full pay periods of such leave.
21
- - -
An employee’s accumulation of sick leave and vacation leave will cease after the
completion of two (2) full scheduled pay periods in which the employee has not
received compensation due to a leave of absence without pay. Accrual will be
reinstituted beginning the first day of the first full pay period after the employee
has returned to work.
Leave Without Pay - Insurance Payments and Privileges
An employee on leave without pay may continue hisher 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
term of a leave of absence will result in the employee’s coverage terminating on
the first day following the month in which the last payment was received.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees.
F.
2. Pregnancy Disability Leave
An employee disabled by pregnancy shall be allowed to utilize a combination of accrued
sick leave, vacation, compensatory time and 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 account of pregnancy,
childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice of the date the leave shall commence and the estimated duration of the
leave.
Article 27 Militaw Leave
Military leave shall be authorized in accordance with the provisions of State and Federal law.
The employee must furnish satisfactory proof to hidher Department Head, as far in advance as
possible, that he/she must report to military duty.
Article 28 Jury Duty
When called to jury duty, an employee, having provided at least five working days written
notice, shall be entitled to hisher regular compensation. Employees released early from jury
duty shall report to 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 hisher sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee.
22
w - -
Employees released early fiom jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released fiom
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
Article 29 Rest Periods
All CCEA represented employees shall receive, at the direction of the respective department, two
(2) fifteen (1 5) minute rest periods, one each approximately at the mid-point of each one-half
shift. Employees working in the field shall take, at the direction of the department, rest periods
at or nearby the work site or return to their department for rest. Rest time is not cumulative
beyond the half scheduled work day within which the break period occurs.
Article 30 Late Starts
An employee who is tardy to work shall be formally counseled by hisher supervisor. If tardiness
continues, the employee may be docked pay at the discretion of the supervisor. Such docking
shall be done in fifteen (1 5) minute increments. An employee may not substitute accrued
compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee
utilize a shortened break period or lunch period.
Article 31 Flexible Classifications
An employee hired into one of the listed entry level positions shall be reclassified to the journey
level position following twelve (1 2) months of 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 Level Position
Account Clerk I
Technician I Building Technician I1
Engineering Technician I
Library Assistant I
Maintenance Worker I
Maintenance Worker I
Maintenance Worker I
Meter Services Worker I
Planning Technician I
Police Records Specialist I
Tree Trimmer I
Journey Level Position
Account Clerk I1
Engineering Technician I1
Library Assistant I1
Park Maintenance Worker I1
Street Maintenance Worker I1
Utility Maintenance Worker I1
Meter Services Worker I1
Planning Technician I1
Police Records Specialist I1
Tree Trimmer I1
An employee hired into one of the listed entry level positions shall be reclassified to the journey
level position following twenty-four (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 which
represents a minimum five percent (5%) salary increase.
23
w I -
Entry Level Position
Building Inspector I
Code Enforcement Officer I
Construction Inspector I
Equipment Mechanic I
Librarian I Librarian I1
Journey Level Position
Building Inspector I1
Code Enforcement Officer I1
Construction Inspector I1
Equipment Mechanic I1
Article 32 Flexible Start Hours
CCEA employees, with Department Head approval, may alter their starting time per shift
between the hours of 6:OO a.m. and 9:OO a.m. The Department Head may revoke the flexible
department. An employee shall receive fourteen (14) days notice, unless extenuating
circumstances preclude such a notice, prior to revocation of flexible start hours. This article is
not subject to the grievance procedure.
Article 33 Flexible Work Schedules
Employees hired on or after December 23, 199 1 , by departments/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)
starting/ending times of assigned shifts. This article shall not be subject to the grievance
procedure.
start time at any time and return the employee to regular working hours for that particular
9/80 Alternative Work Schedule:
The parties acknowledge that they met and conferred in good faith over the terms and
conditions for implementation of a 9/80 work schedule. The result of that meeting and
conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which
the parties will control implementation of the 9/80 schedule. Consistent with
Administrative Order No. 57, it is agreed that the 9/80 schedule will be implemented on a
trial basis for a minimum period of nine (9) months and that an evaluation will be
conducted to determine whether the 9/80 will be adopted. This article shall not be subject
to the grievance procedure.
Article 34 Flexible Job Sharing
Two or more employees may, with the express written approval of the City Manager, the Human
Resources Director, and the affected Department Head, participate in a flexible job sharing
program. The specifics of such a program shall be determined by the employees and the City on
setting forth the specifics of the program shall be signed by the affected employees and the City.
This article shall not be subject to the grievance procedure.
a case by case basis. Prior to implementation of any such program@), a written agreement
24
w - -
Article 35 Health Insurance
The City agrees to contribute the following dollar amounts towards employee health insurance
from January 1,1996 through December 3 1,1996.
MONTHLY
City Contribution
Category Nwestern Kaiser
Employee Only $237.10 $141.28
Employee + 1 Dep. $523.50 $282.58
Employee w/2 Dep. $679.24 $3 99.84
The employee contribution for 1996 will remain the same rate as in calendar year 1995.
Thereafter, health insurance contributions will be made by the City and by the employees as a
percentage of the carrier's total insurance premium.
Effective January 1, 1997, the following percentages will be in effect:
Employee City
Percentage Percentage
Category Contribution Contribution
Employee Only 5% 95%
Employee + 1 Dependent 7.5% 92.5%
Employee w/2+ Dependents 10% 90%
Effective January 1, 1998, the following percentages will be in effect:
Employee City
Percentage Percentage
Category Contribution Contribution
Employee Only 7.5% 92.5%
Employee + 1 Dependent 10% 90%
Employee w/2+ Dependents 12.5% 87.5%
The parties agree that the City will provide CCEA with an opportunity to meet and confer
regarding any potential changes to the health insurance benefits which impact employees.
Article 36 State Disabilitv Insurance
A. Employees represented by CCEA will be enrolled in the State Disability Insurance
Program. (The City agrees to pay the premium.)
25
-- --
B. 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. Under no circumstances shall the combination of sick leave and State
Disability Insurance payments exceed the employee’s pre-disability salary.
Article 37 Long Term Disabilitv
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. In all other respects, said insurance shall continue unchanged.
Article 38 Retirement
A. For CCEA represented employees the City shall continue to pay 100% of the employee’s
seven percent (7%) contributions to PERS. Further, the City will continue to pay for
single highest year provision and survivors benefit plan. Effective within a reasonable
period after final approval of this agreement, the City will take steps to amend its contract
with PERS to provide the third level of 1959 Survivors’ Benefits.
The City shall continue to contract with 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
B.
to be made by means of payroll deduction.
C. The City agrees to amend the City’s contract with the Public Employees’ Retirement
System (PERS) to include the 2% at 55 retirement benefit option for all Miscellaneous
PERS members. This amendment will take effect in January 1997.
Article 39 Deferred Compensation
The City shall provide for a Deferred Compensation Plan which may be utilized by any
employee on an optional basis. The City reserves the right 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
Employees who retire from the City, either service or disability, shall be eligible to continue to
participate in the City’s health insurance program. The cost of such health insurance for the
charge the COBRA administrative cost to the retirees.
In order to quali% 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.
employee, and eligible dependents, shall be borne solely by the employee. The City shall not
26
-- --
The retiree must make arrangements with the City to prepay hisiher monthly premiums and must
keep such payments current to ensure continued 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 Procedure
Definition
A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affected
by an existing violation, misinterpretation or misapplication of the specific provisions of the
Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations.
The City’s exercise of management rights is not reviewable under this procedure unless such
exercise also violates other provision(s) of the MOU and/or the Personnel Rules and Regulations.
A grievance is not reviewable if it would require the modification of a policy established by the
City Council or by law, or is reviewable under some other administrative procedure and/or rules
of the City, such as:
(1)
(2)
Procedure
1.
Appeals from formal disciplinary proceeding.
Appeals from work performance evaluations.
Informal Resolution: Every effort shall be made to resolve a grievance through
discussion between the employee and hisher immediate supervisor. It is the spirit and
intent of this procedure that all grievances are settled quickly and fairly without
subsequent discrimination and/or reprisals against employees who may seek to adjust a
grievance. Every effort should be made to find an acceptable solution at the lowest level
of supervision. Within twenty (20) calendar days after a grievant hew, or by reasonable
diligence should have known, of the condition upon which a grievance may be based, the
grievant shall attempt to resolve it by an informal conference with the grievant’s
immediate supervisor. The immediate supervisor shall give hisher response to the
employee within five (5) calendar days of the informal conference.
Formal Resolution: If the problem cannot be resolved between the employee and the
supervisor, the employee may, within twenty (20) calendar days from the date of
receiving the answer from hisher supervisor, request in 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 twenty (20) calendar days from the date of receiving the answer
from the division manager, request, in writing, and be granted an interview with the
Department Head.
2.
27
- --
The Department Head shall render hisher decision in writing within twenty (20) calendar
days of receiving the appeal. If the Department Head and employee are unable to arrive
at a satisfactory solution, the employee may, within twenty (20) calendar days
from the date of the decision by the Department Head, submit a written appeal and be
granted an interview with the Assistant City Manager.
The Assistant City Manager shall render hisher decision in writing within twenty (20)
calendar days of receiving the appeal. If the Assistant City Manager and the employee
are unable to arrive at a satisfactory solution, the employee may, within twenty (20)
calendar days from the date of the decision by the Assistant City Manager, request a
hearing before the Personnel Board.
The employee’s request for hearing before the Personnel Board 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 20-day period.
If, within the 20-day appeal period, the employee involved does not 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 20-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:
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 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 shall be issued at
the request of either party, not less than seven calendar days, prior to the
cornmencement 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 rules relating 10
evidence and witnesses. Any relevant evidence shall be admitted if the Personnel
Board so determines, regardless of common law or statutory rules which might
limit the admissibility of such evidence in court actions. Hearsay evidence is
admissible, but may not be the sole support for any finding. Irrelevant and unduly
repetitious evidence shall be excluded. Privileged information (e.g.,
communications between an attorney and client) shall be subject to the same
limitations as in court actions. The Personnel Board shall rule on the admission
or exclusion of evidence.
B.
C.
D.
28
- - -
E. Each party shall have these rights: To be represented by legal counsel or other
person of hisher 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 hider to testify; and to rebut the
evidence against hider. If the employee does not testifL in hisher 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.
2.
3.
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 hisher part; the Grievant
bears the burden of proof and burden of producing evidence;
The City may then open its defense and offer its evidence in support
thereof; the City bears the burden of proof and 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 for good reason, permits them to offer
evidence upon their original case;
4.
5.
6. Closing argument shall be permitted and written briefs may be permitted
at the discretion of the Personnel Board.
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 than 30 days after
conducting the hearing. The decision shall set forth which allegations, if any, are
sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The opinion shall be advisory only.
29
OE
wasaid aq 04 aAp)uasaidai aadoldrua aq) io3 syuaura8uem fi~ssa:,au
ayl a~m pqs iospuadns aq~ pm iospuadns aq) q8noq Isanbai qms ayxu pqs
aqspq ‘Ql3 aql30 aaLoldma m SI O~M aAp)uasaidai B 30 amasaid aq) sailsap aadoidma
aq) )ua~a aq) UI *~api 30 spa1 Lm JB padde iaqpg 8uymsaid pm 8updaid
UT *. 8ursoop UMO ~ay/sy3o uosrad iay~om 30 am?]sye aq) )sanbaI Lm aadqdura ay~
*@aUIa1 3ATJB1)SlUlUIpB lay/S%
pa)snaqxa a~~q 01 pamaap aq 11y aaAo1drua aqi pue papap uaaq a~~q 01 pamaap aq lp
a~i~p8 aq) ‘pn1 amg paqpsaid aql U~~TM puodsai 0) sp3 ia8emm LJ!~ aq~31 *dais
Ixau aq) 01 08 LBUI aaboldura aq pm papp uaaq ~ABV 01 pamaap aq 111~ a:,m~ap8 aq~
‘s)pn~ amy paqpsa1d ay~ upp~ puodsai 01 spa3 413 aq JI ‘~uasuo:, pwnw Lq papua~xa
aq hm s~my aur~l *w??rpqtpi paraplsuo3 aq 1pqs a3m~apS ayj ‘asdqa ppoys daTs Am
]E? spaddv ,saaLolduIa 103 sprr1 amy aql31 :ampa3oid XWEA~I~ 103 sauqapIn9 jenua9 *E
*)uamaa~8e syi30 amy aq~30 se 8ulpm)s)no )uydmo:, io a~~~ap8 LUG uy Aped
iaqio ayl30 ampnfaid aq) 01 Ienppupul Lm dq io Lpd iaqp Aq pasn aq 1pqs
1uawaai8e sq) UT pa~qo8au sa8mq:, aq~ IOU suolyq08au asaqi 30 4x3 aq J~Y~N
-uops sq iapun s8ulpaa3oid 01 aiqeqddv
‘7
aq j@qS altlpa3Old 1pu330 apO3 aq)30 9’v605 UOFJMS 30 SuorSlAoid 3qL ax
333 iapodai pno:, e ur Ipsai ~I~IM salpd
ayl dq s)uamallr)as 1eanw 03 LIddv IOU pqs ssa:,oid slq~ 333 )~q~30 luamAed
io3 qqrsuodsai Aplos aq 1p-q~ luamauodlsod io uoppm:, ay) io3 qqlsuodsai
dpd aql uaql ‘iavodai mo:, aq) Aq pa8my a33 B ul 8ugpsai Aqaiaq) ‘8uymaq
PalnpaqDs e sauodlsod JO spuw Apaqmn @vd qra 31 *saa3 dauro~~
pue ssaup UMO sp waq pys &red y3q -s$dpmiJ pm mvodar wo;l aq
3uypnpul ‘sasuadxa pup sa33 ‘s~~)~I~~JJo is00 aq~ d11enba zaq pys Awd y3ag
-a)qidoidde aiaq~ pajg aq pqs (s)uoyppuaruruo~ai s ,p~o8
puuosmd aq)8u!pnj:,ur ‘uolspp s p8eu-em &!3 aq) 30 said03 .aArsnpuo:,
pm pug aq 11eqs ~a8~m~ &a ayl30 uoyap aq~ mapys iaylp moi3
s)uama)e~s ua~lx~ ~a1~a.1 pue lsanbai Aem io/pm s~uaum8m p~o papq MOI~
‘uogdo iaay/sg $e ‘Aem ia8em~ &!a aq~ %!may OAOU ap B pnpuo3 JOU ipqs
ia8emm &l3 aq~, *uogdo iay/sy )E ‘Idysmi) aw peal pm iapio Aem ialaeuqq
dy3 aql‘pmoa pmosiad aq) spoddns q3g~ uoyap VI 8uqm 0) lolid *8upaq
aq)3o )dpsmi) aq) p~ai pm iapio pqs ia8empq &3 aq) ‘pmog jauuosiad
‘pmoa pmosiad ayl 30 suoprdo io/pm ‘suo~snpuo3 ‘s8uypurj papuaunuo:,ai
aqi 19afai io @porn ‘puaum ‘Idops ~pqs ia8~mm &!a aq) ‘iayej sl a~ep ia~a~prq~
‘(sase:, u~epa:, UT A~o puoF)do SI .. I~TM) ~du:,su-eq pu-e ‘uo~~epuaunuo~ai
pup s%Ilpug s,pn?oa Tarnoslad ay~ 30 jd;ra3al ayt 30 shp OE uftpf~
xro~~epuamoxu pm s8uypug sq qp03 laas pqs pm
iovaqa sawnosax UIXU~IH q pm ‘~m~apg ay) 03 ~uas Ado:, e JIM ‘ia%mm
413 aqi q~pi pajg aq ~pqs uoppuaunuom pm uoluldo s ‘pieog lauuosiad aq;~
-1
aq) JO UOr)EpUaWUIO33iaq) S)3a@ 10 SaTJFpOUI q3lqM UO~S~33p I? 8Ulq€?UI 0) lorid
-1
*H
a0 ..
-- -- The employee and/or hisher representative may use a reasonable amount of work time as
determined by the appropriate supervisor or Department Head in presenting the appeal.
However, no employee shall absent himselfherself without first being excused by hisher
supervisor.
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 organization.
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.
Within twenty (20) working days after authorized representatives of the employee
organization knew of or by reasonable diligence should have known of a condition giving
rise to a grievance, employees may file a group grievance with the Hum& Resources
Department. The group of employees must file one (1) grievance form which all
members of the group have read and signed. Members of the group will be limited to
those who have read and signed the initial grievance form.
Upon receipt of the grievance form, the Human Resources Department will determine
whether the grievance should be classified as a group grievance, taking into account
whether one (1) set of circumstances or occurrences affects more than one (1) employee
discretion, that individual grievances should be consolidated into a group grievance.
After approval of the grievance as a group grievance by the Human Resources
Department as specified above, group grievances shall proceed through all normal
grievance processes and be subject to all applicable time limitations and other provisions
as set forth above. However, the City may determine that a group grievance shall be
commenced directly at the City Manager level. 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 organization itself.
The employee and the City may mutually agree to utilize a hearing officer in lieu of the
in the same manner or to the same extent. The department may also determine, in its
Personnel Board, as provided herein, to render an advisory decision to the City Manager,
31
~
-w
Article 42 Disciplinary Procedures
The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate
disciplinary action, which shall be commensurate with the seriousness of the offense and with
consideration of the employee’s prior performance record. Grounds for discipline may include
but are not limited to the following:
A. Fraud in securing employment.
B. Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, or
dishonesty.
Being under the influence of alcohol or intoxicating drugs, without a prescription, while
on duty.
C.
D. Absence without leave.
E.
F.
G.
H. Abuse of sick leave.
I. Unauthorized outside employment.
J.
K.
Criminal conviction having some relevance to the job.
Intentionally being discourteous to the public.
Unauthorized use of or neglect of City property.
Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
Falsification of any City report or record.
L. willful 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, or supervisor.
Political activities precluded by State or Federal law.
Other acts which are incompatible with service to the public.
M.
N.
Types of Discitdine
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 hisher designee shall advise
employees of contemplated disciplinary actions in writing and allow the employee an
32
- --
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 immediate
action to reduce or eliminate the danger or to establish control. In case of 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 severity of the performance problem, and
will not necessarily follow the sequence as outlined herein.
1. Oral WarninaReprimand: When a performance or behavioral problem 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 warningsheprimands will be given
by the supervisor. The oral warning verbally notifies the employee that performance
must be improved. If the employee fails to improve, more serious disciplinary action will
be taken.
Written Warninn/Reprimand: If the warningheprimand is in writing, 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 rebuttal.
Suspension: A Department Head may suspend an employee with or without pay from
hisher 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 give 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 to the suspension, the right of the employee to meet with the appointing authority
andor to respond in writing within a reasonable time frame to the charges, and notice of
further action in the event a change by the employee does not occur, Unless extended by
approval of the City Manager on written recommendation of the Department Head, the
maximum period of suspension shall be thirty (30) calendar days. These procedures are
pre-disciplinary in nature.
Demotion or Reduction in Pay: A Department Head shall advise the Human Resources
Director in writing of his/her intention to demote or reduce the salary of an employee
prior to taking such action. In demoting an employee or reducing hisher salary, the
Department Head shall make a written notice and shall give a copy of said notice for
2.
3.
4.
33
-w
demotion or reduction in pay to the employee and forward a copy to the Human
Resources Director for review and retention in the employee’s personal history file. The
written statement shall contain a description of the events which necessitated the
demotion, a statement of the charges, notification that the employee may 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 fi-ame to the charges, and notice of further action in the event a change by
the employee does not occur. These procedures are pre-disciplinary in nature.
Dismissal: A Department Head shall advise the Human Resources Director in writing of
hisher intention to dismiss an employee prior to taking such action. In dismissing an
employee, the Department Head shall make a written notice and shall give a copy of said
notice 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. The written statement
shall contain a description of the events which necessitated the dismissal, a statement of
the charges, notification that the employee may review and be provided with the materials
leading to the dismissal, and the right of the employee to meet with the appointing
authority and/or respond in writing within a reasonable time fi-ame to the charges. These
procedures are pre-disciplinary in nature.
5.
Notices
Written notices will be given to the employee in person whenever possible and the employee
signature obtained to indicate receipt. In the absence of personal service, the notice may be sent
by registered mail.
Employee’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 hisher own choosing at
the meeting. The employee need 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 the Department Head’s information leading to the discipline proposal. An
employee may elect not to respond, thereby waiving any further pre-disciplinary response.
The appointing authority, or hidher designee, will evaluate the proposed 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. Service of the
decision will be in person or by registered mail.
Appeal Procedures
Any permanent employee in the classified service shall have the right to appeal any termination,
suspension of more than one (1) work shift, reduction in salary, or non-probationary demotion.
34
- -
The appeal process shall not be 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 one (1) work shift or less, probationary demotions, performance
evaluations and denial of merit increases.
An employee desiring to appeal the appointing authority’s decision shall have ten (1 0) 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 10-day
period.
If, within the 10-day appeal period, the employee involved does not file said appeal, unless good
cause for the failure is shown, the action of the appointing authority shall be considered
conclusive and shall take effect as prescribed. If within the 1 0-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 before the Personnel Board shall be established as
follows:
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 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 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 technical 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 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. The rules of privilege shall be 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 legal counsel or other person of
B.
C.
D.
E.
hisker choice; to call and examine witnesses; to introduce evidence; to cross-examine
35
-- - --
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 hider to testify; and to rebut the evidence against hiher. If the employee does
not testify in hisiher 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.
2.
3.
F.
The party imposing discipline shall be permitted to make an opening statement;
The appealing party shall then be permitted to make an opening statement;
The party imposing disciplinary action shall produce the evidence on hisher part;
the City bears the burden of proof and burden of producing evidence;
The party appealing from such disciplinary action may then open hidher defense
and offer hisher evidence in support thereof; the employee bears the burden of
proof and 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 for good reason, permits them to offer evidence upon their
original case;
Closing argument shall be permitted and written briefs may be permitted at the
discretion of the Personnel Board.
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 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 than 30 days after
conducting the hearing. The decision shall set forth which charges, 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 or all of the charges
filed against the employee. The Personnel Board may recommend sustaining, rejecting,
or modifying the disciplinary action invoked against the employee. The Personnel Board
may not recommend discipline more stringent than issued by the appointing authority.
H.
36
- -- The Personnel Board’s opinion and recommendation shall be filed with the City
Manager, with a copy sent to the charged employee, and the Human Resources Director
and shall set forth its findings and recommendations. If it is a dismissal hearing and a
dismissal is not the Personnel Board’s recommendation, the opinion shall set forth the
date the employee is recommended to be reinstated and/or other recommended action.
The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
I. Within 30 days of the receipt of the Personnel Board’s findings and recommendation, and
transcript (which is optional only in certain cases), whichever date is later, the City
Manager shall adopt, amend, modify or reject the recommended findings, conclusions,
and/or opinions of the Personnel Board. Prior to making a decision which modifies or
rejects the recommendation of the Personnel Board, the City Manager shall order and
read the transcript of the hearing, Prior to making a decision which supports the
Personnel Board, the City Manager may order and read the transcript, at hisher option.
The City Manager shall not conduct a de novo hearing. The City Manager may, at hisher
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 conclusive. Copies
of 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 City 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. 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. This process shall not
apply to 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 loss of
pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall
be restored to the employee based on the number of standard work hours lost computed at
hisher then base hourly rate.
The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to
proceedings under this section.
The employee and the City may mutually agree to utilize a hearing officer in lieu of the
Personnel Board, as provided herein, to render an advisory decision to the City Manager.
J.
K.
L.
M.
37
v --
Article 43 Alcohol and Drw Policy
I. POLICY
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 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.
“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
2.
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. Employee Responsibilities
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, 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;
notify the City of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was
c.
38
-.r w --
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
fiom the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
abide by all terms of this policy. d.
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.
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 off-duty
involvement and the employee’s employment with the City, consistent
with the legal requirements for disciplinary due process.
2.
3.
C. Employer Searches
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.
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
herein shall prevent the City fiom taking appropriate action if there is an
inadvertent discovery of evidence of drug or alcohol use.
Consequences of Violation of Policy
1.
not normally occur without concurrence of more than one supervisor. Nothing
D.
Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
39
- -
2. In addition to any disciplinary action, an employee who fails to abide by
this policy may also be directed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
11. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
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.
Employee Drug - and Alcohol Analysis
1.
2.
B.
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 the form of ''breathalizer," urine,
or blood analysis.
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.
c.
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.
b. alcohol odor on 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;
d.
40
- -
e. 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
knowledge that would lead a reasonably prudent supervisor to
believe that an employee is under the influence of alcohol or drugs.
f.
g.
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.
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.
A positive result fiom a drug and alcohol analysis may result in
disciplinary action, up to and including termination.
City agrees to take steps to protect the chain of custody of any drug test
sample.
4.
5.
6.
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 National Resource Consultants (NRC) and can be
reached by calling €(800) 999-7222.
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 EM.
Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of any
City policy.
B.
C.
41
- -- I
Article 44 Air Pollution Control District
During the term of this Memorandum, the parties will meet and confer on requirements imposed
by the Air Pollution Control District. Nothing herein shall preclude implementation of such
requirements upon completion of the meet and confer process.
Article 45 Access to Information
The City will make available to CCEA such noncodidential 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 records 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 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 party, or to claims or
appeals which have not been settled.
(2)
(3)
Article 46 Communications
The parties agree to continue meeting at least once each month during the term of the agreement
for the purpose of continuing communications on subjects of mutual concern.
Article 47 Legal Representation
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
42
- w
or omission occurring within the course and scope of hisher 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 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.
Article 48 Lavoff
Layoff: The City may layoff an employee in the merit service because of material change in
duties or organization or shortage of work and finds. 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
on the appropriate reemployment list as provided by these rules.
Reduction in Force Procedures: The following procedures will apply to all probationary and
permanent employees in the event of a reduction in the City work force.
(a) Definitions: The following definitions apply to these procedures:
(1) 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.
(2)
(b) Reduction in Force--Demotion: 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 employee may refuse to accept a demotion and accept layoff
without jeopardizing reemployment rights otherwise provided for in this procedure.
Reduction in Force--Layoff: Whenever there is a reduction in the work force, the City
shall secondly layoff employees within a classification according to continuous service (c)
seniority, Employees with the least continuous City service shall be laid off first.
43
- w -
(d) Notification: Whenever there is a reduction in the work force requiring layoff, the City
shall send written notice to the last known address of each employee affected by a layoff.
The notice shall include the (1) reason for layoff, (2) classes to which the employee may
demote within the City, if any, (3) effective date of action, (4) conditions governing
retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of
reinstatement and voluntary withdrawal from the reemployment list.
Determining Lenah 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 authorized leaves of
absence and including all periods of time served as a limited term or CETA employee,
shall be counted as continuous City service seniority.
Order of Reduction 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 rehse 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 laid off in reverse order of their classification
seniority.
Determining Order of Layoff and Demotion for Employees With Identical Seniorie:
Should two or more employees have identical seniority, the order of layoff and demotion
will be determined by alphabetical order of the employees’ surnames.
Transfer: 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
qualifl.
(e)
(0
(g)
(h)
(i) Order and Method of Demotion Pursuant to a Reduction in Force-Bumping: When
required due to a reduction in force, employees shall be demoted in the following
manner;
(1) 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 position or to a position held by a City probationary
employee in such lower class, but may not bump regular City employees already
in that lower classification.
(2)
44
- -
0) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force:
Employees who are demoted as a result of a reduction in force shall have their names
placed on a reinstatement list, in order of their seniority. Vacant positions in which an
employee has served within a classification series shall first be offered to employees on
this list.
Reemployment of Employees Laid 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 vacancies prior to an open or promotional recruitment.
Duration of Reinstatement and Reemplovment Lists: The eligibility of individuals on the
reinstatement and reemployment list shall extend for a period of two years from the date
of demotion or layoff. 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 Upon Reemployment Following a Reduction in Force: Upon
reemployment following a reduction in force, an individual will have the following
benefits restored:
(1) Prior sick leave accruals.
(2)
(k)
(1)
(m)
Seniority at time of layoff for purposes of determining merit increases, vacation
accruals and hture reduction in force.
The salary paid to an employee who is reemployed shall be equivalent to the
salary plan at the time of reemployment. If the employee chooses to be
reemployed in a classification which has a salary range lower than the
classification fiom 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.
(3)
(n) Payoff of Accruals Upon Layoff: 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.
Retirement Contribution: The disposition of the retirement contributions of a laid off
employee shall be governed by the provisions of the State of California Public (0)
Employees’ Retirement Law as contained in the Government Code.
45
- w
Article 49 Carlsbad Municipal 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 hisher CMWD classification, salary range, salary step, salary
anniversary date, and seniority date upon becoming a City employee. Each employee’s
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 subject to the City’s
personnel system as established by the municipal code, the personnel rules 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 subject to the work rules
and operations rules of the City.
Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits
granted to CMWD employees as outlined in Attachment B (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
2.
regulations, administrative orders, the applicable memorandum of understanding, and
3.
4.
5.
6.
eligible for those benefits set forth in paragraph 4 above.
7. 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 Attachment C.
No current City employees will be laid off as a result of assimilation of CMWD
employees.
Former CMWD employees will be in the bargaining unit represented by CCEA.
8.
9.
10.
Article 50 Full Understanding, Modification, & Waiver
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.
46
-- -w
Except as specifically provided herein, it is agreed and understood that CCEA and the City
hereto voluntarily and unqualifiedly waive their rights, and agree that the City and CCEA shall
not be required to negotiate with respect to any subject or matter except as specified above
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 by 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 its terms and provisions.
Article 51 Provisions of Law
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 Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or
applicable law or regulations, and the remainder of this Memorandum of Understanding shall not
be affected thereby.
Article 52 Retention of Benefits
The employees of the City of Carlsbad shall retain all present benefits for the term of this
agreement, except as amended by this Memorandum.
Article 53 Non-discrimination Clause
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
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 54 Employer-Employee Organization Relations Resolution
The Employer-Employee Organization Relations Resolution, attached and incorporated as
Attachment D, shall be adopted at a future date by the City.
competent jurisdiction, such part or provision shall be suspended and superseded by such
Compensation, benefits, terms and conditions of employment, opportunrtties for promotion,
47
-- -w
Article 55 Americans With Disabilities Act
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
Article 56 Familv Leave Act
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
48
- -
IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized
representative to execute the Memorandum of Understanding the day, month, and year noted
below.
City of Carlsbad
9 *‘doQQb
Date
Approved as to form:
RONA QLen16- D R. BALL, City Attorney
9- 3-3-56.
Date
Carlsbad City Employees’ Association
-6
49
- -
Attachment A Resolution No.
SALARY SCHEDULE - GENERAL EMPLOYEES
CLASSIFICATION RANGE CLASSIFICATION RANGE
ACCOUNT CLERK I 7 METER SERVICES WORKER I1 27
ACCOUNT CLERK I1 15 METER SERVICES WORKER I11 38
ACCOUNTANT 58 MINUTES CLERK 32
ACCOUNTING SUPERVISOR 44 NETWORK SPECIALIST I 55
ACCOUNTING TECHNICIAN 30 NETWORK SPECIALIST I1 70
ADMINISTRATIVE SECRETARY 35 OFFICE SPECIALIST I 3
AQUATICS SPECIALIST 30 OFFICE SPECIALIST I1 9
ASSISTANT ENGINEER 74 OPERATIONS/MAINTENANCE STOREKEEPER 41
ASSISTANT PLANNER 64 PARK MAINTENANCE SPECIALIST 39
ASSISTANT TO THE TREASURER 58 PARK MAINTENANCE WORKER I1 20
ASSOCIATE ENGINEER 91 PARK MAINTENANCE WORKER I11 38
ASSOCIATE PLANNER 78 PARK DEVELOPMENT COORDINATOR 84
BUILDING INSPECTOR I 55 PLANNING TECHNICIAN I 35
BUILDING INSPECTOR I1 70 PLANNING TECHNICIAN I1 50
BUILDING MAINTENANCE WORKER I 27 POLICE RECORDS SPECIALIST I 15
BUILDING MAINTENANCE WORKER I1 39 POLICE RECORDS SPECIALIST I1 20
BUILDING TECHNICIAN I1 50 PROGRAMMER/ANALYST 75
BUYER 42 PROGRAMMER/OPERATOR 68
CIRCULATION SUPERVISOR 35 PUBLIC SAFETY SYSTEMS SPECIALIST 73
CODE ENFORCEMENT OFFICER I 43 RECREATION ASSISTANT 10
CODE ENFORCEMENT OFFICER I1 55 RECREATION SPECIALIST 37
COMMUNITY LIBRARY SERVICES SUPERVISOR 50 RECREATION SUPERVISOR I 49
COMPENSATION TECHNICIAN 53 RECREATION SUPERVISOR I1 56
CONSTRUCTION INSPECTOR I 55 SANITATION SYSTEMS OPERATOR I 22
CONSTRUCTION INSPECTOR I1 70 SANITATION SYSTEMS OPERATOR I1 33
CRIME PREVENTION TECHNICIAN 31 SANITATION SYSTEMS OPERATOR I11 41
CROSS CONNECTION CONTROL TECHNICIAN 38 SECRETARY 27
CUSTODIAN 1 SENIOR BUILDING INSPECTOR 85
CUSTODIAN I1 12 SENIOR BUILDING MAINTENANCE WORKER 44
ELECTRICIAN 38 SENIOR CIRCULATION SUPERVISOR 48
ENGINEERING TECHNICIAN I 35 SENIOR CONSTRUCTION INSPECTOR 85
ENGINEERING TECHNICIAN I1 50 SENIOR ELECTRICIAN 44
EQUIPMENT MECHANIC I 34 SENIOR LIBRARIAN 68
EQUIPMENT MECHANIC I1 40 SENIOR OFFICE SPECIALIST 17
EQUIPMENT MECHANIC LEADWORKER 52 SENIOR PLANNER 91
EVIDENCE AND PROPERTY TECHNICIAN 11 SITE MANAGER 4
GRAPHIC ARTIST 24 STOREKEEPER 13
GRAPHICS TECHNICIAN 24 STREET MAINTENANCE WORKER I1 21
HOUSING ASSISTANT 20 STREET MAINTENANCE WORKER I11 38
HOUSING SPECIALIST I 46 SYSTEMS ANALYST 85
HOUSING SPECIALIST I1 61 TECHNICIAN I 35
JUVENILE JUSTICE PROGRAM COORDINATOR 54 TREE TRIMMER I 16
LIBRARIAN I 38 TREE TRIMMER I1 24
LIBRARIAN I1 53 TREE TRIMMER LEADWORKER 40
LIBRARY ASSISTANT I 24 UTILITY MAINTENANCE WORKER I1 27
LIBRARY ASSISTANT I1 35 UTILITY MAINTENANCE WORKER I11 38
LIBRARY CLERK I 1 UTILITY WORKER I 22
LIBRARY CLERK I1 4 UTILITY WORKER I1 33
MAINTENANCE WORKER I 12 UTILITY WORKER I11 41
MESSENGER 1 VALVE MAINTENANCE WORKER 38
METER SERVICES WORKER I 18 WATER CONSERVATION SPECIALIST 36
- - -
Salary Schedule - General Employees
Page 2
CLASSIFICATION RANGE
WATER SYSTEMS OPERATOR I 32
WATER SYSTEMS OPERATOR I1 46
WATER SYSTEMS OPERATOR I11 53
5-14-96
-w -w “HE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKL,Y SALARY SCHEDULE
Effective June 4, 19%
STEP E RANGE STEP c STEP D RANGE STEP A STEP B
1 $742.12 $779.23 $818.19 $859.10 $902 .os 1
2 $749.54 $787.01 $826.37 $867.69 $911.07 2
3 $757.04 $794.89 $834.63 $876.36 $920.18 3
4 $764.61 $802.84 $842.98 $885.13 $929.38 4
5 5772.25 5810.87 $851.41 5893.98 $938.68 5
7 $787.78 $827.16 $868.52 $91 1.95 $957.55 7
8 $795.65 $835.44 $877.21 $92 1.07 $967.12 8
9 $803.6 I $843.79 $885.98 S930.28 $976.79 9
10 $811.65 $852.23 $894.84 $939.58 $986.56 10
11 $819.76 $860.75 $903.79 $948.98 $996.42 11
12 $827.96 $869.36 $9 12.83 $958.46 $1,006.39 12
6 $779.98 $8 18.97 $859.92 $902.92 $948.07 6
13 $836.24 5878.05 $921.95 $968.05 $1,016.45 13
14 $844.60 $886.83 $931.17 $977.73 $1,026.62 14
15 $853.05 $895.70 $940.49 $987.51 $1,036.88 15
16 $861.58 $904.65 $949.89 5997.39 $1.047.26 16
17 $870.19 $9 13.7 1 $959.39 $1,007.36 $1,057.72 17
18 $878.89 $922.84 $968.98 $1,017.43 $1,068.31 18
19 $887.69 $932.07 $978.67 $1,027.61 $1,078.98 19
20 5896.56 $941.39 $988.46 $1,037.88 $1.089.77 20
21 $905.53 $950.80 $998.34 $1 ,W8.26 $1.100.68 21
22 $914.58 $960.31 $1,008.32 $1,058.74 $1 , 1 1 1.68 22
23 $923.73 $969.91 $1,018.41 $1,069.33 $1,122.80 23
24 $932.96 $979.61 $1,028.59 $1,080.02 $1,134.03 24
25 $942.29 $989.41 $1,038.88 3 1,090.83 $1,145.36 25
26 $951.72 $999.31 $1,049.27 $ 1 , 10 1.73 $1,156.82 26
27 $961.24 $1,009.30 $1,059.76 $1,112.75 $1,168.39 27
28 $970.85 . $1 ,O 19.39 $1,070.36 $1,123.88 $1,180.07 28
29 $980.56 $1,029.59 $1,081.06 $1,135.12 $1,191.87 29
30 $990.36 $1,039.88 $1,091.87 $1,146.46 $1,203.79 30
31 $1,000.27 $1,050.28 $1,102.79 $1,157.93 $1,215.83 31
32 $1,010.27 $1,060.78 $1,113.82 $1,169.51 $1,227.98 32
33 $1,020.37 $1,071.39 $1,124.96 $1,181.21 $1,240.26 33
d 34 $1,030.57 $1,082.10 $1,136.21 $1,193.02 $1,252.67 34
35 $1,040.88 $1,092.93 $1,147.57 $1,204.95 $1,265.19 35
36 $1,051.29 $1,103.86 $1,159.04 $1,217.00 $1,277.85 36
37 $1,061.80 $1,114.89 $1,170.64 $1,229.17 $1,290.62 37
38 $1,072.42 $1,126.04 $1,182.34 $1,241.46 $1,303.53 38
39 $1,083.14 $1,137.30 $1,194.17 $1,253.87 $1,316.57 39
40 $1,093.97 ~$18.67 $1,206.11 $1,266.41 $1,329.73 40
41 $1,104.91 $1,160.16 $1,218.17 $1,279.08 $1,343.03 41
42 $1,115.96 $1,171.76 $1,230.35 $1,291.87 $1,356,46 42
43 $1.127.12 $1,183.48 $1.242.65 $1,304.79 $1,370.03 43
44 $1,138.40 $1,195.32 $1,255.08 . $1,317.83 $1,383.72 44
45 $1,149.78 $1,207.27 $1,267.63 $1,33 1.01 $1,397.56 45
16 6L'80Z'Z$ 19'EOI'ZS #*COO'Z$ E0'806'1$ 8I'L18'I$ I6
68 fZ'S9I'Z$ 91'290'Z$ 96'€%'1$ Wp'0L8'1$ LE'l8L'IE 68
88 €8'CPI'Z$ PL'IPO'2$ ZS'M'I$ 26'158'1$ PL'C9L'I$ 88
L8 09'221 'Z$ !X'IZO'Z$ 9Z'SZ' I$ 6S'€€8'1$ fZ'9PL' I$ L8
98 6S'IOI 'Z$ IS' IOO'Z$ 02'906'1$ €P'S18'1$ 86'82L' I $ 98
58 8L'080'2$ OL'186'1$ EE'f88'I$ 9P'L6L'I$ 98'1 1 L'I$ S8
ps 81'090'2$ LO'Z96'1$ p9'898'1$ 99'6Lf'I$ 16'P69'1$ P8
€8 8L'6CO'Z$ S9'2t6'1$ PI*OS8'1$ pO'Z9L'I$ €1'8L9'1$ €8
28 8S'610'Z$ IP'EZ6'1$ Z8'1€8'1$ 09'Wf'I$ ZS'I99'I$ 28
18 65'666'1$ LE'W6'1S 69'€18'1$ ZC'fZL'l$ 9O'SW'l$ 18
08 6L'6L6'1$ 1 S'S88' 16 E L'S6L' 1% ZZ'OIf'I$ 8f '8Z9'I$ 08
6L 61'096'I$ 58'998'1$ 56'LLL'I$ 6Z'€69'I$ S9'219'1$ 6L c
8L 8L'W6' I $ 9E'8t78' I $ SE'09L' 1% ZS'9f9'I$ 69'96s' I$ 8L
9L PS'Z06'1$ 56'1 18'1$ 99'SZL'l$ 6P'€W'I$ ZZ'S9S'I$ 9L
SL OL'E88' I$ IO'P6L' I$ LS'80L' I$ ZZ'fZ9'I$ €L '6PS' I$ SL
PL 90'598'1$ tZ'9LL'l$ 99'169'1$ 11~119'1$ 8E'PCS'I$ PL
€L 65'9t78'1$ 99'8SL'I$ 16'PL9'1$ SI'S6S'I$ 61'61S'1$ EL
ZL IE'SZ8'1$ PZ'lPL'I$ €€'8S9'I$ 9E'6LS'I$ SI'POS'l$ ZL
IL 02'018'1$ OO'PZL' 1% 16. It?)'I$ ZL'E9S'I$ 92'68P' I$ IL
01 8Z'XL ' I$ E6'90L' I $ S9'SZ9'I$ PZ'8PS' I$ 1 S'PLP' I S OL
69 €S'tLL'I$ €0'069'1$ SS'609'I$ 16'ZES'I$ 16'6SP'1$ 69
89 96'9SL'I$ OC'€f9'1$ Z9'€6SLI$ EL'fIS'I$ 9P'S#'I$ 89
L9 LS'6EL'I$ EL'9S9'1$ %'LLS'I$ OL'ZOS'Ib Sl'IEP'l$ L9
99 SE'ZZL' I$ €€'OH' I$ ZZ'29S'I$ C8'LSP' I$ 86'9IP' I$ 99
59 Of 'SOL' I$ 6O'PZ9' IS SL'9PS' I$ 60'ELt' 1 $ S6'ZW' I$ S9
v9 IP'889' I$ 10.809' IS W' I ES' I$ I S'8SP' 1 $ 90'68s' I $ v9
E9 69'1L9'1$ 80'MS' I$ LZ'9IS' I$ LO'VW'I$ I E 'SLE' 1 $ E9
29 PI 'S59'1$ EE'9LS' IS 9Z'lOS'I$ LL '6ZP'IS 69' 19f ' I$ 29
19 SL'8E9'1$ ZL'O9S'I$ W'98P'1$ 29'SIP'I$ 12'8PE'I$ I9
09 'X'ZZ9'1$ 9Z'SVS' I$ 89.1Lt' I$ 09' 1oP' 1$ 98'eEE' IS 09
65 LP'909'I$ L6'6ZS'lE II'LSP'I$ ZL'L8f'I$ @'IZf'I$ 65
85 9S'O6S'I$ Z8'PIS'I$ 89'ZW'I$ 86'ELE'I$ SS'80f'I$ 85
LS I8'PLS'I$ 28'66P'IS W'8ZP'I$ 8E.09€'1$ 09'S62'I$ LS
9s ZZ'6SS'I$ L6'WP' I $ SZ'PIP'I$ I6'9PE'I$ 00'262' IS 9s
SS 8L'fPS'I$ I8'LSP' 1 E SZ'm'I$ 8S'EE E'I$ LO'OLZ' I$ 5s
PS OS'8ZS'IS IL'SSP'I$ 6E'98E'I$ LE'OZE'I$ 6P'LSZ'I$ PS
ES 9E' €I S' I $ 62' I W' I $ 99'ZLE' I $ OE'LOE' I$ SO'SPZ' I$ ES
ZS 8€'86P'I$ EO'LZP' I $ L0'6SE'I$ SE'P6Z'I$ ZL'ZEZ' 1 $ 2s
IS PS'E8P' I $ 06'21 P' I $ 29'SPE' I$ PS' 182' I $ I S'OZZ'I$ IS
os S8'89P' I$ I6'86E' 1E 6Z'Z€E'I$ S8'892'1$ fP'80Z'I$ os
6P I E'tSP'I$ 90'58E' IS 01 '61E 'I$ 6Z'9SZ'1$ LP'961' I$ 69
89 16'6EP'IS SE'ILE'IE P0'90E'I$ SS'EPZ'I$ 29'P81'1$ 8P
06 26.981 'ZS 8f '280'2s 09'€86' IS SI '688' I$ 61 '66L ' I$ 06
11 IS' 126' I $ LO'OE8' I $ Z6'ZP1'1% M'6E9'I$ 88'085' I $ 11
LP 99' SZP' IS L L 'LSE' I S I I 'E62 'I $ f S' I EZ' I $ 68'ZLl' I $ LO
9P PS.IIP'I$ Z€'W€'l$ IE'08Z'I$ PE'6IZ'I$ LZ'191'I$ 9P
33m 3 d2US a dms 3 dXLS 8 d3AS V dXLS 33m
9661 't amf W15aJJa mnazms AWWS A?W~WQ m~o~m3 mm33
aV8rn3 do ALx3 3H.L .. @.
*iuaura~yx s ‘aaAo1dura aqi 30 am11 ayl le aadoldwa aql3o asnods
aql maw pys ,,asnods,, ‘u~a~ay pasn sv *paleup.~al aq 11eqs pm L~~E~~~UIUII sas~a3
~~VKIAO:, yms 103 LqFqI8ga lay 10 sly ‘sap.r~mai asnods yms IU~A~ ayl UI *sn).r?ls 1e1pm
pue ssarppe ‘awu ~aay/sy 30 pawo3ul Ly3 aql sdaay asnods ayl pappoid ‘panuguo:, aq
lp siuapuadap pm asnods aq 103 ~~GJCUO~ a~mmsul: pay Laanlax ayljo q~~ap uodn
.s$gauaq asoql io3 sagpb asnods ayl uay~ pampa1
aq dqalay) I~M pm ME^ qe~s pm le1apa3 Lq papyold slgauaq iaqlo pm anmpa~
V~M pal~urpioo3 aq I~A aaqa~ E 30 sluapuadap pm asnods ayl io3 ~~EJ~Ao:, pmpapq
qpuaq asoyl ~03
saggenb aaqq ayl ~ay~ pampa1 aq Aqaiaq) l~p~ pm ‘MG~ a)e)s pm papa3 Lq papyoid
stgauaq iaylo pm anxpa~ qpu paleulp~oo:, aq 11~~ aaqax ayl103 ~~EJ~Ao:, ppapq
-a3y.ms 30 snad
~AIJ ueql ssa~ ou JIM ma& luawaqax ‘saaLolduq qqnd e~u.103ge3 30 a~els
3yl lapW PaySllqelSa 3% JU3UIalIJ3.I fiOlEpU€?UI aq.) paq3E3i 8UrAQy dq pailJa)l ‘2
10 faiou~ 10 0~ slenba a+uas 30 szad JIM pauFqmo:, &?E ~SO~M put? ‘a3p~as 30 s~m!ali a~y my1 ssq ou JIM 0s 30 a& ay1 lap paigai ApiunIoA * 1
:sluawaipbax ~U~MOI~O~ a* qaru s~y aadoldum aqq pappoJd ~~EICMO~
1expam Zugs~xa io3 sumFaid ‘aado1duxa m 30 )uaruaiyai lap ‘dvd II~M &3 aq~
saa~gaa ~03 ammnsuI ~JI~Z~H *a
*(s)m1d paiosuods dl!=>
ur atedg.n?d dpo Aew lageaiaq) pm ‘Mopq pm aAoqE ~03 $as se (s)mId luam:, ayl
0) mlai 01 aIq$!qa JOU SF aqspy ‘(s)m.BoId amxnsuy UO~S~ ~o/pm 1e~uap ‘qq~ay s ‘LJ~
ayt ur [loma 01 s~qa aaLoIduTa m31 -sm13oid axmmsuy UOTS~A PIE ‘~eluap ‘tppy
S ‘b3 aql 103 lUamIlOJUa uado UE ploy ITEqS 413 aql‘Z66 1 Apf 30 qlU0U aq 8UFa
ww8o1d 19s~~ aq) PJEMO) dqod VM~V ayl 30 $so:, aql
paa3xa o~)ou~uno~~e m alnqyuo:, 11ypm ‘aadoidma aylo~~so~ ou~e sayIodv~Dv
10 ‘(VLZ96S .ON dnAJ9) aJ& Er;*rOJ!l”3-vfi3V ‘:T77)9pS9 ‘ON dnOJfJ) Jadntl PIaphd
ss0.13 anla-vM3v 30 a:,roq:, e q)!~ sluapuadap pm saadoldrua aplAoid 111~ d)!~ aq~
OM) ay)jO lay)Ia apIAOJd 1IIM AJIa ay,L ‘~~WXtSUI yJ@aq (OO-L8Lp ‘ON dnoq) iaSR2
amwnsuI Y~IE~H y
S33AO7dM3 (IMIN3 A8 (I3NIVL3tl S.LId3N38
8 .LNZ€INJ33VLLV .. 0.
- -
If the Retiree divorces, neither hisher new spouse nor hisher 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 plan (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.
E. Life Insurance
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 Compensation
The City has established a Deferred Compensation Plan which employees may
voluntarily participate in. The City shall match employee contributions up to a maximum
of 7.5% of an employee’s bi-weekly earnings.
G. Overtime
Overtime shall be defined as work performed before or after the regularly scheduled work
day or work week. Work in addition to the 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 employee shall remain on
standby for a one week period and shall receive $100 per week for the standby period.
The employee shall be compensated in the normal manner for any work performed.
Standby shall not be regarded as call back work.
Attachment B
-- -
I. Vacation
1. Earninm Rates
After completion of one year of employment, an employee will be granted
vacation time of 80 hours. An employee then begins 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 years 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.
Carryover 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
2.
Employees with 5 but less than 10 years service - 240 hours
Employees with 10 but less than 20 years service - 320 hours
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.
J. Sick Leave Buvback
1. An employee has the option of selling back to the City 100% of any accumulated
sick leave in excess of 250 hours.
The City, at its discretion, may purchase any accumulated sick leave from an 2.
employee.
K. Sick Leave at Termination
1. Retirement
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 of
250 hours shall be reimbursable at 100%.
Attachment B
-- v
2. Death
Upon an employee’s death, while still employed, all compensation due an
employee will be paid to hisher designated beneficiary. Compensation for all
accumulated vacation time, 50% of all sick leave up to 250 hours, and 100% of
sick leave in excess of 250 hours shall also be made.
3. Discharge
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 all accumulated vacation time due. If employed at least one
year, an employee will receive 50% of all accumulated sick leave up to 250 hours
and 100% of any sick leave in excess of 250 hours.
4. Lay Off
Layoffs may be required due to lack of work, a decrease in or loss of fimds, or
changing position requirements. Should layoffs be required, they will be
implemented by considering an employee’s proficiency, productivity, length of
employment, attendance, and reliability. Such employees shall receive two 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. Resignation -
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 leave 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 sick leave in excess of 250 hours shall
be reimbursable at 100%.
L. Long-Term Disabilitv
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.
M. Longevity Pay
Each classified regular employee will be eligible for longevity allowance as follows:
Attachment B
- -
After five (5) years of service in the same classification at E step, an employee
will be entitled to an allowance of 5% in addition to any other regular pay, Le.
C.O.L.A., that an employee is entitled to. An employee will then be placed at the
L1 step. After an additional five (5) years, an employee will be entitled to a
2-1/2% increase in 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. Special Merit for Education
The City will continue a special merit award system to mutually benefit
employees and the City by stimulating and rewarding employees for educational
accomplishments. This program recognizes accomplishments in terms of
operator certification according to the following:
Grade Amount
One $ 150
Two $ 300
Three $ 500
Four $1,000
The decision to grant this lump-sum award shall be made by an employee’s
supervisor, with approval by the Department Head. This is a one-time award
granted after obtaining the above certificate(s).
0. Credit Union
The City will permit a payroll deduction bi-weekly for an employee if he/she
wishes to avail himselfherself of the services of the San Diego County
Employees’ Credit Union.
P. Special Housing Facilities - -
The City maintains a residence at Squires Dam. The purpose of this residence is
to provide security for CMWD facilities. The following conditions apply to
employee assignment as caretaker:
1. Employee Status
The employee assigned as caretaker at Squires Dam shall be a full-time
permanent employee.
Attachment B
- - -
2. Priority of Assignments
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 with the City shall be the second criterion.
3. Sole Place of Residence
The crew member assigned as caretaker shall maintain the residence as
hisher sole place of residence.
4. Others Living at Residence
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.
5. Responsibilities
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 during nonworking hours by having
themselves, a member of their household or another City employee on-site
four weeknights per 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 and the mobile
chlorination equipment. The employee shall make a visual inspection of
the entire site at least weekly and shall repair any minor fence breaks. The
employee shall drive a City 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 the 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 performance of hisher
firearms on City property.
duties as caretaker nor in City vehicles and shall not discharge any
Attachment B
- -
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 and any pets
shall remain within the fenced portion of the property 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 the City. It is the intent of
of the caretaker’s performance with the Superintendent and General
Manager.
Q. Non-Eligibility
this provision to create an at-will tenancy. There shall be an annual review
An employee shall not be eligible for the following benefits provided 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 eligible to accrue no more than
40 hours of such compensatory time.
State disability insurance as provided by the State of California, Article 36
of the MOU with CCEA.
2.
Attachment B
- - -
ATTACHMENT C
CARLSBAD MUNICIPAL WATER DISTRICT
Salary Schedule and Job Classification
Effective January 1,1996
CLASSIFICATION RANGE
Accountant 51
Accounting Office Assistant 31
Construction & Maintenance Worker I 29
Construction & Maintenance Worker I1 32
Engineering Office Assistant I1 23
Associate Engineer 57
Engineering Secretary 35
Engineering Technician I1 39
Engineering Technician I11 43
Equipment Operator 35
Facility Maintenance Leadworker 35
Senior Construction & Maintenance Worker 38
Senior Systems Operator 40
Service Coordinator 38
Storekeeper 38
System Operator I 31
Senior Engineering Inspector 53
System Operator I1 37
Water Conservation Specialist 33
1 - AlTACHMENT C
BIWEEKLY SALARY SCHEDULE
Effective January 1,1996
- CARLSBAD MUNICIPAL WATER DISTRICT
~~ SEI3 SIxU SEm SEE SEELlm
15 $737.1 0 $766.52 $797.62 $831.23 $869.06 $91 2.51 $934.24
16 $751.39 $782.49 $81 4.43 $849.73 $884.19 $928.39 $950.50
17 $766.52 $797.62 $831.23 $869.06 $904.36 $949.57 $972.1 8
18 $782.49 $81 4.43 $849.73 $884.19 $923.69 $969.87 $992.96
19 $797.62 $831.23 $869.06 $904.36 $943.86 $991.05 $1,014.65
20 $81 4.43 $849.73 $884.1 9 $923.69 $966.55 $1,014.88 $1,039.04
27 $831.23 $869.06 $904.36 $943.86 $990.09 $1,039.59 $1,064.34
22 $849.73 $884.1 9 $923.69 $966.55 $1,011.1 0 $1,061.65 $1,086.93
23 $869.06 $904.36 $943.86 $990.09 $1,032.11 $1,083.71 $1,109.52
24 $884.19 $923.69 $966.55 $1,011.10 $1,052.28 $1,104.89 $1,131.20
25 $904.36 $943.86 $990.09 $1,032.1 1 $1,076.65 $1,130.49 $1,157.40
26 $923.69 $966.55 $1,011.10 $1,052.28 $1,101.03 $1,156.08 $1,183.61
27 $943.86 $990.09 $1,032.1 1 $1,076.65 $1,124.56 $1,180.79 $1,208.90
28 $966.55 $1,011.1 0 $1,052.28 $1,101.03 $1,149.78 $1,207.27 $1,236.01
29 $990.09 $1,032.1 1 $1,076.65 $1,124.56 $1,174.99 $1,233.74 $1,263.12
30 $1,011.10 $1,052.28 $1,101.03 $1,149.78 $1,200.21 $1,260.22 $1,290.22
31 $1,032.11 $1,076.65 $1,124.56 $1,174.99 $1,229.62 $1,291.10 $1,321.84
32 $1,052.28 $1,101.03 $1,149.78 $1,200.21 $1,254.84 $1,317.58 $1,348.95
33 $1,076.65 $1,124.56 $1,174.99 $1,229.62 $1,283.41 $1,347.58 $1,379.67
34 $1,101.03 $1,149.78 $1,200.21 $1,254.84 $1,315.35 $1,381.12 $1,414.00
35 $1,124.56 $1,174.99 $1,229.62 $1,283.41 $1,343.93 $1,411.1 2 $1,444.72
36 $1,149.78 $1,200.21 $1,254.84 $1,315.35 $1,373.34 $1,442.01 $1,476.35
37 $1,174.99 $1,229.62 $1,283.41 $1,343.93 $1,406.12 $1,476.43 $1,511.58
38 $1,200.21 $1,254.84 $1,315.35 $1,373.34 $1,436.38 $1,508.20 $1,544.1 1
39 $1,229.62 $1,283.41 $1,343.93 $1,406.12 $1,469.37 $1,542.84 $1,579.57
40 $1,254.84 $1,315.35 $1,373.34 $1,436.38 $1,506.98 $1,582.33 $1,620.00
41 $1,283.41 $1,343.93 $1,406.12 $1,469.37 $1,529.67 $1,606.16 $1,644.40
42 $1,315.35 -@1,373.34 $1,436.38 $1,506.98 $1,559.09 $1,637.04 $1,676.02
43 $1,343.93 $1,406.1 2 $1,469.37 $1,529.67 $1,593.55 $1,673.23 $1 -71 3.07
44 $1,373.34 $I ,436.38 $1,506.98 $1,559.09 $1,622.97 $1,704.12 $1,744.69
ATTACHMENT C ww --
- CARLSBAD MUNICIPAL WATER DISTRICT
BIWEEKLY SALARY SCHEDULE
Effective January 1,1995
~~ SIEm m SEEQ SIwE SIEUl~
45 $1,406.12 $1,469.37 $1,529.67 $1,593.55 $1,657.43 $1,740.30 $1,781.73
46 $1,436.38 $1,477.43 $1,528.52 $1,591.14 $1,656.24 $1,739.05 $1,780.46
47 $1,469.37 $1,499.68 $1,562.30 $1,624.93 $1,689.20 $1,773.66 $1,815.89
48 $1,506.98 $1,528.52 $1,591.14 $1,656.24 $1,722.16 $1,808.27 $1,851.32
49 $1,529.67 $1,562.30 $1,624.93 $1,689.20 $1,757.59 $1,845.47 $1,889.41
50 $1,559.09 $1,622.97 $1,689.36 $1,756.60 $1,828.88 $1,920.33 $1,966.05
51 $1,593.55 $1,657.43 $1,722.98 $1,792.74 $1,865.87 $1,959.16 $2,005.81
52 $1,622.97 $1,689.36 $1,756.60 $1,828.88 $1,903.69 $1,990.87 $2,046.46
53 $1,657.43 $1,722.98 $1,792.74 $1,865.87 $1,940.67 $2.037.70 $2,086.22
54 $1,689.36 $1,756.60 $1,828.88 $1,903.69 $1,983.53 $2,082.71 $2,132.30
55 $1,722.98 $1,792.74 $1,865.87 $1,940.67 $2,017.99 $2,118.89 $2,169.34
56 $1,756.60 $1,828.88 $1,903.69 $1,983.53 $2,060.86 $2,163.90 $2,215.42
57 $1,792.74 $1,865.87 $1,940.67 $2,017.99 $2,102.04 $2,207.14 $2,259.69
58 $1,828.88 $1,903.69 $1,983.53 $2,060.86 $2,143.22 $2,250.39 $2,303.97
59 $1,865.87 $1,940.67 $2,017.99 $2,102.04 $2,184.41 $2,293.63 $2,348.24
60 $1,903.69 $1,983.53 $2,060.86 $2,143.22 $2,228.1 1 $2,339.52 $2,395.22
61 $1340.67 $2,017.99 $2,102.04 $2,184.41 $2,274.34 $2,388.06 $2,444.91
62 $1,983.53 $2,060.86 $2,143.22 $2,228.1 1 $2,318.04 $2,433.95 $2,491.90
63 $2,017.99 $2,102.04 $2,184.41 $2,274.34 $2,365.1 1 $2,483.37 $2,542.49
64 $2,060.86 $2,143.22 $2,228.1 1 $2,318.04 $2,412.1 8 $2,532.79 $2,593.09
..-- -
wm -m
ATTACHMENT D
EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD:
Article I - - General Provisions
Sec. 1. Statement of Purpose.
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 law, City ordinances, resolutions and rules which establish and
regulate the merit and civil service system, or which provide for other methods of administering
employer-employee relations. This Resolution is intended, instead, to strengthen merit, civil
service and other methods of administering employer-employee relations through the
establishment of 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 involve 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
general 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 and personnel by which governmental operations are to be conducted; 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.
Sec. 2. Definitions.
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 I1 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.
-=?,?
wo WO
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. “Consult/Consultation 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 the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
e.
f.
“Day” means calendar day unless expressly stated otherwise.
“Employee Relations Officer” means the City Manager or hisher duly
authorized representative.
€5 “Impasse” means that the representatives of the City and a Recognized
Employee Organization have reached a point in their meeting and conferring in good faith where
their differences on matters to be included in a Memorandum of Understanding, and concerning
which they are required to meet and confer, remain so substantial and prolonged 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 to 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;
Attachment D
#
/ /
m. w*
General manager - water district;
Land use planning manager;
Library director;
Maintenance director;
Parks and recreation director;
Parks superintendent;
Police captain;
Police chief;
Police lieutenant;
Principal civil engineer;
Principal planner;
Purchasing officer;
Research and analysis manager;
Recreation superintendent;
Street maintenance superintendent;
Superintendent - water district;
Utilities director;
Utilities maintenance superintendent.
Human resources director;
1. “Proof of Employee Support” means (1) an authorization card recently
signed and personally dated by an employee, or (2) a verified authorization petition or petitions
recently signed and personally dated by 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 (1 80) days prior to the filing of a
petition.
j. “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
I1 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
effectively to recommend such action if, in connection with the foregoing, the
exercise of such authority is not of a merely routine or clerical nature, but requires the use of
independent judgement.
Attachment D
(i ,
ma we
Article I1 -- Representation Proceedings
Sec. 3. Filing of Recognition Petition by Employee Organization.
An employee organization that seeks to be formally acknowledged as the Exclusively
Recognized Employee Organization representing the employees in an appropriate unit shall file a
petition with the Employee Relations Officer containing the following information and
document ation:
a.
b.
c.
Name and address of the employee organization.
Names and titles of its officers.
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 its primary purposes,
the responsibility of representing employees in their employment relations with the City.
e. A statement whether the employee organization is a chapter of, or affiliated
directly or indirectly in any manner, with a local, regional, state, national or international
organization, and, if so, the name and address of each such other organization.
f.
g.
Certified copies of the employee organization’s constitution and bylaws.
A designation of those persons, not exceeding two in number, and their addresses,
to whom notice sent by regular United States mail will be deemed sufficient notice on the
employee organization for any purpose.
h. A statement that the employee organization has no restriction on membership
based on race, color, creed, sex, national origin, age, physical disability, religious belief, marital
status, political opinions or affiliations.
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 a 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.
Attachment D
m. -0
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(s) of the employee organization executing it.
Sec. 4. City Response to Recognition Petition.
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
a.
b.
of this Article 11.
There has been compliance with the requirements of the Recognition Petition, and
The proposed representation unit is an appropriate unit in accordance with Sec. 8
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 to 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. Open Period for FilinP Challenging Petition.
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 competing 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 11. If such challenging petition seeks
establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on
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 (1 5) 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 11.
Attachment D
.I^
WO -0
Sec. 6. Election Procedure.
The Employee Relations Officer shall arrange for a secret ballot election to be conducted
by a pa;ty 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 I1 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 (1 5) days before the date the election commences, including those who did not work
during such period because of illness, vacation or other authorized leaves of absence; and who
are employed by the City in the same unit on the date of the election. An employee organization
shall be formally acknowledged as the Exclusively Recognized Employee Organization for the
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 cast; the rules
governing an initial election being applicable to a run-off election.
designated appropriate unit following an election or run-off election if it received a numerical
There shall be no more than one valid election under this Resolution 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 to 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.
Sec. 7. Procedure for Decertification of Exclusively Recognized Employee Organization.
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 termination 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 of perjury to be true, correct and complete.
a. The name, address and telephone number of the petitioner and a designated
representative authorized to receive notices or requests for further information.
Attachment D
-- .
go -0
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 relating thereto.
d. Proof of employee support that at least thirty (30) percent of the employees in the
established appropriate unit no longer desire to be represented by the incumbent Exclusively
Recognized Employee Organization. Such proof shall be submitted for confirmation to the
Employee Relations Officer or to a mutually agreed upon disinterested
third party within the time limits specified in the first paragraph of this Section.
An employee organization may, in satisfaction of the Decertification 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 information required under paragraph (c.) of this Section 7, and otherwise
conforms to 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 of this Article 11. If hisher 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 thereafter 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 11. If the
determination of the Employee Relations Officer is in the affirmative, or if his/her negative
Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to
unit employees.
determination is reversed on appeal, helshe shall give written notice of such Decertification or
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be
held on or about fifteen (1 5) days after such notice to determine the wishes of unit employees as
to the question of decertification and, if a Recognition Petition was duly filed hereunder, the
question of representation. Such election shall be conducted in conformance with Sec. 6 of this
Article 11.
During the “open period” specified in the first paragraph of this Sec. 7, the Employee
Relations Officer may on hisher 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
Employee Organization, give notice to that organization and all unit employees that he/she will
arrange for an election to determine that issue. In such event any other employee organization
may within fifteen (1 5) 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. 7.
Attachment D
4 .F* e*‘
go 9e
If, pursuant to this Sec. 7, a different employee organization is formally acknowledged as
the Exclusively Recognized Employee Organization, such organization shall be bound by all the
terms and conditions of any Memorandum of Understanding then in effect for its remaining term.
Sec. 8. Policv and Standards for Determination 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 the City and its compatibility with the primary
responsibility of the City and 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, Factors to be
considered shall be:
a. Similarity of the general kinds of work performed, types of qualifications
required, and the general working conditions.
b. 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 unit have organized.
c.
d.
Consistency with the organizational patterns of the City.
Number of employees and classifications, and the effect on the 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.
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 of managerial, supervisory or
confidential employees respectively. Managerial, supervisory and confidential employees may
not represent any employee organization which represents other employees.
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.
Attachment D
?
WO -0
Sec. 9. Procedure for Modification of Established Appropriate Units.
Requests by employee organizations for modifications of established appropriate units
may be considered by the Employee Relations Officer only during the period specified in Sec. 7
of this Article 11. Such requests shall be submitted in the form of a Recognition Petition and, in
addition to 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 in Sec. 8 hereof. The Employee Relations Officer shall process such
petitions as other Recognition Petitions under this Article 11.
The Employee Relations Officer may on hisher own motion propose during the period specified
in Sec. 7 of this Article that an established unit be modified. The Employee Relations Officer
shall give written notice of the proposed modification(s) to any affected employee organization
and shall hold a meeting concerning the proposed modification(s), at which time all affected
employee organizations shall be heard. Thereafter the Employee Relations Officer shall
determine the composition of the appropriate unit or units in accordance with Sec. 8 of this
Article 11, and shall give written notice of such determination to the affected employee
organizations. The Employee Relations Officer’s determination may be appealed as provided in
Section 11 of this Article. If a unit is modified pursuant to the motion 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. Procedure for Affiliation or Disaffiliation of Established Appropriate
Units.
Requests by employee organizations for affiliation or disaffiliation of established
appropriate units may be considered by the Employee Relations Officer only during the period
specified in Sec. 7 or this Article 11. Such requests shall be submitted in the form of a
Recognition Petition. The Employee Relations Officer shall process such petitions as other
Recognition Petitions under this Article 11.
Sec. 11. Appeals.
An employee organization aggrieved by an appropriate unit determination of the
Employee Relations Officer under this Article I1 may, 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 (1 5) 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 (Sec. 3); Challenging Petition (Sec. 5); Decertification of
Recognition Petition (Sec. 7) or Affiliation or Disaffiliation Petition (Sec. 10) -- or employees
Attachment D
P
WO w.
aggrieved by a determination of the Employee Relations Officer that a Decertification Petition
(Sec. 7) -- has not been filed in compliance with the applicable provisions of this Article may,
within fifteen (1 5) days of notice of such determination, appeal the determination to the City
Council for final decision.
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 I11 -- Administration.
Sec. 12.
Organizations.
Submission of Current Information by Recognized Employee
All changes in the information filed with the City by an Exclusively Recognized
Employee Organization under items (a.) through (h.) of its Recognition Petition under Sec. 3 of
this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen
(14) days of such change.
Sec. 13.
Upon formal acknowledgement by the City of an Exclusively Recognized Employee
Payroll Deductions on Behalf of Employee Organizations.
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 forms 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.
Sec. 14.
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.
Employee Organization Activities -- Use of City Resources.
Attachment D
8Q
mo w.
Sec. 15.
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.
Administrative Rules and Procedures.
Article IV -- Impasse Procedures
Sec. 16.
If the meet and confer process has reached impasse as defined in this Resolution, either
party may initiate the impasse procedures by filing with the other party a written request for an
impasse meeting, together with a statement of its position on all issues. An impasse meeting
shall then be scheduled promptly by the Employee Relations Officer. The purpose of such
meeting shall be:
a.
Initiation of ImDasse Procedures.
To review the position of the parties in a final effort to reach agreement on a
Memorandum of Understanding; and
b. If the impasse is not resolved, to discuss arrangements for the utilization of the
impasse procedures provided herein.
Sec. 17. Impasse Procedures.
Impasse procedures are as follows:
a. 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 shall make no public recommendation, nor take any public position at any
time concerning the issues.
b. If the parties fail to agree to submit the dispute to mediation 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 the
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 or more fact-finders, a fact-finding panel of
three (3) shall be appointed in the following manner: One member of the panel shall be
appointed by the Employee Relations Officer, one member shall be appointed by the Exclusively
Recognized Employee Organization, and those two shall name a 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 more lists of seven (7) names of individuals having fact-finding experience
in the municipal sector to be provided by the State Conciliation Service.
The following constitute the jurisdictional and procedural requirements for fact-finding;
Attachment D
g;
we @. (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 arriving at their findings and recommendations:
(a) First, as relevant to the issues in dispute, the fact-finders shall compare the total
Compensation, hours and conditions of employment 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 same 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)
(ii)
The compensation necessary to recruit and retain qualified personnel.
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 the 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 resources of the City to implement them. In assessing the City’s financial resources,
the fact-finder(s) shall be bound by the following:
(i) Other legislatively determined and projected demands on agency
resources, i.e., budgetary priorities as established by the governing body; and
(ii) Allowance for equitable compensation increases for other employees and
employee groups for the corresponding fiscal period(s); and
(iii) for the relevant fiscal year(s); and
(iv)
(v)
Revenue projections not to exceed currently authorized tax and fee rates
Assurance of sufficient and sound budgetary reserves; and
Constitutional, statutory limitations on the level and use of revenues and
expenditures.
Attachment D
c2
a- m-
-
(3) The fact-finder(s) shall make written findings of fact and recommendations for the
resolutions of the issues in dispute, which shall be presented in terms of the criteria, adjustments,
and limitations specified above. Any member of a fact-finding panel shall be accorded the right
to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of
the fact-finding panel shall serve such findings and recommendations on the Employee Relations
Officer and the designated representative of the Exclusively Recognized Employee Organization.
If these parties have not resolved the impasse within ten (1 0) days after service of the findings
and recommendations upon them, the fact-finder or the chairperson of the fact-finding panel shall
make them public by submitting them to the City Clerk for consideration by the City Council in
connection with the Council’s legislative consideration of 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 the public
interest. Any legislative action by the City Council on the impasse shall be final and binding.
Sec. 18.
The costs for the services of a mediator and fact-finder or chairperson of a fact-finding
Costs of Impasse Procedures.
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 Organization. The
cost for a fact-finding panel member selected by each party, and other separately incurred costs,
shall be borne by such party.
Article V -- Miscellaneous Provisions
Sec. 19. Construction.
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, body or other representative of the City, the
rights, powers and authority granted by Federal or State law.
(b) This Resolution shall be interpreted so as to carry out its purposes as set forth in
Article I.
(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
encourage, directly or indirectly, any strike, sick-out or other total or partial stoppage or
slowdown of work. In consideration of and as a condition of initial and continued employment
by the City, employees recognize that any such actions by them are in violation of their
conditions or employment except as expressly otherwise provided by legally preemptive State or
contrary local law. In the event employees engage in such actions, they shall subject themselves
Attachment D
of giving employees or employee organizations the right to participate in, support, cooperate or
c:
&, .-A
(2. >’
.-
to discipline up to and including termination, and may be permanently replaced, to the extent
such actions are not prohibited by preemptive law; and employee organizations may thereby
forfeit any rights accorded them under City law or contract.*
Sec. 20. Severabilitv.
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 invalid, shall not be
affected thereby.
AHachment D