HomeMy WebLinkAbout1999-03-09; City Council; 15083; Memorandum Of Understanding With CPOACl=! OF CARLSBAD - AGEWA BILL
DEPT. HR
APPROVAL OF A MEMORANDUM OF
WITH CARLSBAD POLICE OFFICERS’ ASSOCIATION
AND APPROPRIATION THEREFORE
RECOMMENDED ACTION:
,d8 Adopt Resolution No. approving a Memorandum of Understanding with the Carlsbad
Police Officers’ Association.
ITEM EXPLANATION:
Representatives of the City and the Carlsbad Police Officers’ Association (CPOA) have met
and conferred in good faith and have reached an agreement regarding wages, hours, and other
terms and conditions of employment for police employees. The term of the Memorandum of
Understanding with CPOA shall be from January 1, 1999 through December 3 1,200O and
includes the following:
l The MOU specifies that, effective the pay period inclusive of January 1, 1999, the
base salary of each employee in each classification represented by the CPOA and
employed as of that date shall be increased by a general wage increase of four percent
(4%).
l Effective the pay period inclusive of January 1, 1999, Field Training Officers and
non-sworn positions assigned training responsibilities will be compensated at a rate of
$20 per workshift.
l Effective the pay period inclusive of January 1, 1999, the compensation for court
appearances which occur on off-duty time will be paid at a minimum of four (4) hours
per day calculated at time and one-half the employees regular rate of pay.
l In the second year of the contract, represented employees will receive additional salary
adjustments, an increase in uniform allowance, and an increase in the City’s flat dollar
contribution towards health insurance.
FISCAL IMPACT:
The projected annual cost to the City for the January 1, 1999 salary increase is $355,000. For
FY 1998/99, the increased cost to the City for the January 1999 salary adjustment, Field
Training Officer compensation, and court pay is estimated at $190,000. Funds will be
transferred from the Council Contingency to cover this expense.
For FY 1999/2000, an additional $340,000 will be needed to cover the salary adjustments in
the remaining months of the contract, the increased rate of uniform reimbursement, and the
increase in the City’s flat dollar contribution towards PERS health insurance for represented
employees. These increases will be included in the 1999/2000 Operating Budget.
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EXHIBITS:
1. 78 Resolution No. q9 - adopting the Memorandum of Understanding between the City of
Carlsbad and the Carlsbad Police Officers’ Association.
2. Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police
Officers’ Association.
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P
RESOLUTION NO. 99-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM
OF UNDERSTANDING BETWEEN REPRESENTATIVES OF
MANAGEMENT AND THE CARLSBAD POLICE OFFICERS’
ASSOCIATION.
WHEREAS, representatives of management and the Carlsbad Police Officers’
Association have met and conferred in good faith pursuant to the Meyers-Mill&-Brown
Act regarding wages and other terms and conditions of employment from November 2,
1998 to January 22,1999; and
WHEREAS, said representatives have reached agreement which they desire to
submit to the City Council for consideration and approval; and
WHEREAS, the City Council has determined it to be in the public interest to
accept such an agreement in the form of a Memorandum of Understanding, marked
Exhibit 2 and incorporated by reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That $177,500 is hereby appropriated from the Council Contingency and
non-General fund balances to cover the expense of a four (4%) salary adjustment
effective the pay period inclusive of January 1, 1999 for all CPOA represented
classifications.
3. That the Classification and Salary Range Schedule for Police Safety Personnel
as set forth in Attachment A of Exhibit 2 is hereby approved.
4. That $6,075 is hereby appropriated from the Council Contingency and non-
General fund balances to cover the anticipated cost of increased compensation for Field
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Training Officers and non-sworn positions assigned training responsibilities effective the
pay period inclusive of January 1,1999.
5. That $3,025 is hereby appropriated from the Council Contingency and non-
General fund balances to cover the anticipated increased cost of compensation for court
appearances which occur on off-duty time effective the pay period inclusive of January 1,
1999.
6. That the Memorandum of Understanding between the Carlsbad Police
Officers’ Association and the City is hereby approved and the City Manager is authorized
and directed to execute it.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 9th day of March , 1999; by the following vote,
to wit on behalf of the City:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
ATTEST:
aQ&Q.Q~
ALETHA L. RAUTENKRANZ, City Clerl<(
wfw
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6 Article 7
Article 8
Article 9
Article 10 Article 11
Article 12 Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19 Article 20
Article 21
Article 22 Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30 Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
AND THE CARLSBAD POLICE OFFICER!? ASSOCIATION
Term: January 1,1999 - December 31,200O
TABLE OF CONTENTS
Preamble
Implementation
Terms and Renegotiation
Retention of Benefits
Authorized Agents
Recognition
Savings Clause
Nondiscrimination Compensation Adjustments
Management Rights Grievance Procedure
Stand-By Time Pay
Bilingual Pay Basic Work Week/Work Day
Court Pay
Sick Leave
Association Rights
Overtime Pay
Call Back Pay
Seniority Legal Representation
Peaceful Performance of City Service
Discipline of an Employee
Probationary Period
Retirement Benefits
Health Insurance
Uniform Reimbursement
Education Incentive
Field Training Officer
Vehicles for Investigations
Long Term Disability
Pregnancy Disability Leave
Disability Retirement
Vacation
Holidays
Salary on Promotion
Alcohol and Drug Policy
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MEMORANDUM OF UNDERSTANDING
This memorandum of Understanding is made and entered into as of the date of formal approval hereof by
the City Council of the City of Carlsbad, by and between designated management representatives of the
City of Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carlsbad
Police Officers’ Association (hereinafter referred to as “CPOA”).
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as “Memorandum”) to
promote and provide for harmonious relations, cooperation and understanding between the City
management representatives and the local safety police employees covered under this Memorandum; to
provide an orderly and equitable means of resolving any misunderstandings or differences which may
arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good
faith negotiations regarding wages, hours and other terms and conditions of employment of the
employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council
following ratification of the Memorandunrby the membership of CPOA. It is agreed that the City will
act in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures
and those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TEEM AND RENEGOTIATION
2.1 The term of this Memorandum of Understanding shall commence on January 1,1999, and
shall continue until December 3 1,200O.
2.2 Negotiations for a successor Memorandum of Understanding shall begin by the exchange
of written proposals in approximately September 2000.
ARTICLE 3. RETENTION OF BENEFITS
Existing benefits contained in this Memorandum of Understanding shall not be changed during the term
of this agreement without the mutual consent of the parties hereto. Existing benefits not set forth in this
Memorandum which fall within the scope of representation shall not be changed by the City without
advance notice and an opportunity to meet and confer regarding such change. The parties recognize and
accept the concept of past practices as to matters within the scope of representation and agree to meet
and confer regarding a proposed change in any such practices. The City shall not propose any such
changes unless required to do so for operational or organizational reasons.
ARTICLE 4. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of Understanding:
4.1 City’s principal authorized agent shall be the City Manager or a duly authorized
representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone: (619) 434-28211 except where a particular representative is specifically
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4.2
ARTICLE 5. RECOGNITION
designated in connection with the performance of a specific function or obligation set forth
herein.
CPOA’s principal authorized agent shall be its President or duly authorized representative
[Address: P.O. Box 1392, Carlsbad, California 92008; Telephone: (619) 931-21441 and
Law Offices of Silver, Shaeffer & Hadden, [ 1428 Second Street, Santa Monica, California
90401; Telephone (310) 393-14861.
The City recognizes CPOA as the majority representation of the bargaining unit that includes the
classifications as listed in the attached salary schedule.
ARTICLE 6. SAVINGS CLAUSE
6.1 If any articles of this Memorandum of Understanding should be found invalid, unlawful or
unenforceable by reason of existing or subsequent enacted legislation or by judicial
authority, all other articles and sections of this Memorandum of Understanding shall
remain in full force and effect for the duration of this Memorandum of Understanding.
6.2 In the event of invalidation of any article or section, the extinguished benefit shall be
replaced by a substitute benefit of comparable value. The City and the Association shall
meet within thirty (30) days following the invalidation for the purpose of determining the
specific nature and form of the replacement benefit.
ARTICLE 7. NONDISCRIMINATION CLAUSE
7.1 As a result of this Memorandum, no person shall in any way be favored or discriminated
against, by either the City or the Association; to the extent prohibited by law because of
political or religious opinions or affiliations, or because of racial or national origin, or
because of age or sex or physical’handicap.
7.2 Neither City nor Association shall interfere with, intimidate, restrain, coerce, or
discriminate against employees covered by this Memorandum because of exercise of rights
to engage or not engage in Association activity or because of the exercise of any right
provided to the employees by this Memorandum of Understanding.
ARTICLE 8. COMPENSATION ADJUSTMENTS
8.1 Effective the pay period inclusive of January 1,1999, the base salary of each employee in
each classification represented by the CPOA and employed as of January 1, 1999, shall be
increased by a general wage increase four percent (4%).
8.2 Effective the pay period inclusive of July 1, 1999, the base salary of each employee in
each classification represented by the CPOA and employed as of July 1, 1999, shall be increased by a general wage increase of two and one-half percent (2X%).
8.3 Effective the pay period inclusive of January 1,2000, the base salary of each employee in each classification represented by the CPOA and employed as of January 1,2000, shall be
increased by a general wage increase of three percent (3%).
ARTICLE 9. MANAGEMENT RIGHTS
The rights of the City including but not limited to the exclusive right to determine mission of its
constituent departments, commissions, and boards; set standards of service; determine procedures and
standards of selection for employment and promotion; direct its employees, take disciplinary action; to
relieve employees from duty because of lack of work or other legitimate reasons; to transfer employees
among various department activities and organizations; maintain the efficiency of government
operations; determine the methods, means and personnel by which government operations are to be
conducted; determine the contents of job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its organization and
technology of performing its work. In exercising these rights, the City shall comply with all applicable
provisions of this Memorandum. Nothing herein shall require the City to meet and confer over its
exercise of rights hereunder.
ARTICLE 10. GRIEVANCE PROCEDURE
10.1 The purpose and objectives of the Grievance Procedure of the City of Carlsbad Pumose.
are:
10.1.1
10.1.2
To promote improved employer-employee relations by establishing
grievance procedures on matters for which appeal or hearing is not provided
by other regulations.
To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors, and management.
10.1.3 To encourage the settlement of disagreements informally at the employee-
supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary.
10.1.4
10.1.5
To provide that appeals shall be conducted as informally as possible.
To resolve grievances as quickly as possible and correct, if possible, the
cause of grievances, thereby reducing the number of grievances and future
similar complaints.
10.1.6 This grievance procedure is applicable to all employee classifications
represented by the CPOA in the Police Department of the City of Carlsbad.
10.2 Definitions. For the purpose of this grievance procedure the following
definitions shall apply.
10.2.1
10.2.2
10.2.3
10.2.4
Citv Manager: The City Manager.
Assistant Citv Manager: An Assistant City Manager.
Denartment: An office, department, or institution of the City.
Denartment Head or Head of a Department: The chief executive officer of a
department.
10.2.5 Personnel Officer: The Personnel Off&r or his authorized representative.
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10.3 Reviewable and Non-Reviewable Grievances
10.2.6 Emr>lovee: Any officer or employee of the City, except an
elected official.
10.2.7 Emnlovee Reuresentative: An individual who appears on behalf of the
employee.
10.2.8 Grievance: A complaint of an employee or a group of employees arising out
of an application or interpretation of existing rules, regulations, or policies
which come under the control of a Department Head.
10.2.9
10.2.10
Immediate Smervisor: The individual who assigns, reviews, or directs the
work of an employee.
Interested Partv: An individual having pertinent and/or immediate
knowledge of the circumstances out of which the grievance arose.
10.2.11 Sunervisor: The individual to whom an immediate supervisor reports.
10.3.1 To be reviewable under this procedure a grievance must:
(4 Concern matters or incidents that have occuned.
Result from an act or omission by management regarding working
conditions or other aspects of employer-employee relations over
which the head of the department has control.
(cl Arise out of a specific situation, act, or acts considered as being
unfair which result in inequity or damage to the employee.
(4 Arise out of an interpretation and application of Personnel System Rules and Regulations.
10.3.2 A grievance is not reviewable under this procedure:
(a) If it is a matter which would require a modification of a policy
established by City Council or by law;
Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 25 hereunder), such
as:
(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.
10.4 Snecial Grievance Procedure Provisions: The following special provisions apply to the
grievance procedure. ~
10.4.1
10.4.2
10.4.3
10.4.4
10.4.5
10.4.6
10.4.7
10.4.8
10.4.9
10.4.10
Procedure for Presentation: In presenting his grievance the employee shall
follow the sequence and the procedure outlined in Section 5 of this
procedure.
Promut Presentation: The employee shall discuss the grievance with an
immediate supervisor promptly after (when grievant knew or should have
known) the act or omission of management caused the grievance.
Prescribed Form: The written grievance shall be submitted on a form
prescribed by the Personnel Officer for this purpose.
Statement of Grievance: The grievance shall contain a statement of:
(4 The specific situation, act, or acts considered to be unfair.
@I The inequity or damage suffered by the employee.
(cl The relief sought.
Emulovee Renresentative: The employee may choose someone as a
representative at any step in the procedure. No person hearing a grievance
need recognize more than one representative for any one time, unless he so
desires.
Interested Parties: There shall be no limit placed upon the number of
interested parties which may provide information during the hearing of a
grievance at any step of the grievance procedure.
Handled DurinP Worlcim Hours: Whenever possible, grievances will be
handled during the regularly scheduled working hours of the parties
involved.
Extension of Time: The time limits within which action must be taken of a
decision made as specified in this procedure may be extended by mutual
written consent of the parties involved. A statement of the duration of such
extension of time must be signed by both parties involved at the step to be
extended.
Consolidation of Grievances: If the grievance involves a group of
employees or if a number of employees file separate grievances on the same
matter, the grievances shall be handled as a single grievance.
Settlement: Any grievance shall be considered settled at the completion of
any step if the grievant is satisfied or if the grievant does not present the
matter to a higher authority within the prescribed time.
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10.4.11 Retxisal: The grievance procedure is intended to assure a grieving employee
the right to present a grievance without fear of disciplinary action or reprisal
by the supervisor, superintendent, or department head, provided the
provisions of the grievance procedure are observed. Copies of grievance
forms will not be placed in employee personnel records but will be
maintained in separate files in the Human Resources Department.
10.5 Grievance Procedure Steus: The following procedure shall be followed by an employee
submitting a grievance for consideration and action.
10.5.1
10.5.2
10.5.3
10.5.4
10.5.5
Discussion With SuDervisor: The employee shall discuss his grievance with
his immediate supervisor informally. Within seven (7) calendar days, the
supervisor shall give a decision to the employee verbally.
If the employee and supervisor cannot reach an agreement as to a SteD 1:
solution of the grievance, the employee may within seven (7) calendar days
present the grievance in writing to his supervisor who shall endorse his
comments thereon and present it to his supervisor within seven (7) calendar
days. The supervisor shall hear the grievance and shall give a written
decision to the employee within seven (7) calendar days after receiving the
grievance.
If the employee and supervisor cannot reach an agreement as to a Ster> 2:
solution of the grievance, the employee may within seven (7) calendar days
present the grievance in writing to the department head. The department
head shall hear the grievance and shall give the written decision to the
employee within seven (7) calendar days afier receiving the grievance.
If the employee and department head cannot reach an agreement as Steu 3:
to the solution of the grievance, the employee within seven (7) calendar days
may present his grievance in writing to the Personnel Board. A copy of said
grievance shall also be presented to the Assistant City Manager who may
conduct a meeting with the grievant and/or CPOA representatives to identify
and clarify disputed issues and attempt to resolve the grievance prior to
presentation of the grievance to the Personnel Board.
If the matter is not otherwise resolved, the Personnel Board shall, Stet, 4:
within thirty (30) calendar days after receipt of the appeal, hear the appeal
and render an advisory opinion to the City Manager. The City Manager
shall, within fourteen (14) calendar days advise the employee of the final
action.
ARTICLE 11. STAND-BY TIME PAY
Due to staff limitations, it may be necessary for the Police Chief to schedule employees to be on stand-
by, to handle overtime work which may arise during other than normal working hours. Stand-by is
defined as time in which an employee is required, by the Police Chief or designee, to remain at h&her
residence or be at a place where said employee can be reached by phone and be within thirty minutes
response capability so that he/she may immediately respond to any calls received. An employee will be
compensated for stand-by time at the rate of twenty dollars ($20) per 24 hours or fi-action thereof.
Employees on stand-by, called to perform work, will be compensated for all actual hours worked in
accordance with overtime and call-back rules.
ARTICLE 12. BILINGUAL PAY
Any employee annually certified, as the Police Chief may direct, as a qualified translator-interpreter of
the Spanish language shall receive forty dollars ($40) per pay period.
ARTICLE 13. BASIC WORK WEEK/WORK DAY
13.1 The official work week shall begin on each Sunday at 11 :Ol p.m. and shall end on Sunday
of the following week at 11:OO p.m. Except as may be otherwise provided, an employee
who occupies a full-time permanent position shall work eighty (80) hours in each pay
period including meals and rest breaks.
13.2 Employees working a five day 40 hour week (designated 5/8) shall work eight hours per
day for five days in any work week and shall receive two consecutive days off within that
work week.
13.3 In accordance with existing practice all full-time shift employees shall be given two (2)
fifteen-minute rest periods and a one-half hour lunch break per shift without loss of pay.
ARTICLE 14. COURT PAY
14.1 Off duty personnel who appear in court pursuant to an official request from a legally
constituted body regarding matters arising out of, or associated with, their employment
shall be compensated at a minimum of four (4) hours per day calculated at time and one-
half the employee’s regular rate of pay. Actual time spent in court over the four (4) hour
minimum on the same day is compensable at time and one-half the employee’s regular rate
of pay.
14.2
14.3
14.4
This minimum hour guarantee shall not apply if the court appearance is contiguous with
the commencement or end of the employee’s regularly scheduled work shift. In that
situation, the employee shall receive overtime compensation, if applicable, for all time actually spent in court beyond the regularly scheduled work shift.
When personnel are required to appear in San Diego area courts, are held over during the
normal lunch break for further appearance after lunch, they shall be entitled to credit for
the lunch break as time worked.
When available, Carlsbad Police Department vehicles shall be used for employee
transportation. If not available, employees shall be reimbursed for mileage expenses as set
out in Council Policy Statement of the City of C&bad titled “Travel Policy” with an
effective date of 2/2/83, including any subsequent changes to this policy.
ARTICLE 15. SICK LEAVE
15.1 Sick leave with pay shall be granted to all probationary and permanent employees within
the merit system at the rate of one work day for each calendar month of service. Any such
leave accrued, but unused in any year shall be cumulative for succeeding years.
15.2 Sick leave shall be considered as a privilege which an employee may use at his discretion,
but shall be allowed only in case of necessity and actual sickness or disability. Any abuse
of sick leave is cause for disciplinary action by the appointing power. Employees eligible
for sick leave shall be granted such leave when they are incapacitated for performance of
their duties by sickness, injury or for medical, dental or optical examination or treatment,
or when a member of the immediate family of the employee is afflicted with an illness and
requires the care and attendance of the employee, or when, through exposure to contagious
disease, the presence of the employee at his post of duty would jeopardize the health of
others.
15.3 The term “contagious disease” means disease or illness subject to quarantine or required
isolation or restriction of movement of the patient for a particular period in accordance
with regulations prescribed by the local health authorities having jurisdiction. If no
defmite time period is specified by the regulations, the period shall be determined by the
attending physician. When sick leave is granted under these circumstances, an explanatory
medical certificate from the physician is required.
15.4 An employee who is absent on account of sickness must notify his supervisor as.early as
practicable on the first day of such absence, or as soon thereafter as possible. Requests for
sick leave or medical, dental, or optical examinations must be approved in advance by the
supervisor. Any grant of sick leave in excess of three (3) consecutive work days must be
supported by a medical certificate. When the period of absence is for three (3) consecutive
work days or less, the Personnel Officer shall accept the employee’s certification as to the
reason for absence. Nothing herein shall preclude the City from taking appropriate action
in the event of abuse of sick leave.
15.5 Written applications for sick leave must be filed with the supervisor within the pay period
in which the employee returns to duty.
15.6 Any eligible employee who is absent from work by reason of attendance upon members of
the employee’s or spouse’s immediate family whose illness requires the care of such
employee, or a death in the immediate family of the employee, or employee’s spouse’s
family shall be allowed to use sick leave. Immediate family shall include husband, wife,
child, stepchild, brother, stepbrother, sister, stepsister, parent, stepparent, or any person
serving as a parent, or who has served as a parent, grandmother, grandfather, or any other
person living in the same household as the employee or the employee’s spouse’s
immediate family. In the case death of an employee’s or employee’s spouse’s immediate
family, an employee shall be allowed up to a maximum of five (5) working days off,
except the City may under extreme circumstances, grant additional time off, which shall be
considered sick leave.
15.7 An employee who is required to take a physical examination in connection with induction
or enlistment in the Armed Forces is not charged leave for the time necessary to complete
the examination. Members of the military reserve who are recalled to active duty are
placed on pay status with the branch of the Armed Forces for the time required to take the
physical examination and, therefore, must be charged leave or leave without pay for that
purpose. Employees making a donation of blood without charge will be given reasonable
time off for that purpose. No charge will be made against annual or sick leave when such
absence is approved in advance by the supervisor. Sick leave entitlement to medical and
dental calls during working hours shall be authorized. For the purposes of computing sick
leave, employment shall be considered to have commenced on the first day of the first full
calendar month of employment.
Holidays occurring during sick leave shall not be counted as sick leave. Sick leave shall
not be taken as vacation time, nor compensated in cash at any time, except as defined in
this article.
15.8 Notwithstanding anything in this section to the contrary, local safety employees are not entitled to sick leave for any job related illness, injury or other occurrence which entitles
the employee to benefits under Section 4850 of the Labor Code (hereinafter “4850
benefits”). The City Manager may authorize the use of sick leave after 4850 benefits are
exhausted for job-related illness or injury if he/she determines that:
15.8.1 The injury is not permanent and stationary.
15.8.2 The use of sick leave will not extend the effective date of the employee’s
retirement.
15.8.3 The employee is physically unable to work and there is a reasonable
probability he/she may return to work.
15.9 Allowance for Occurrational Sick Leave. Leave with pay for injuries sustained in the line
of duty shall be granted as follows:
15.9.1 A non-sworn employee absent because of injury received in the line of duty
is charged either sick or annual leave if the period of incapacitation exceeds
ninety (90) calendar days and receives no credit for either annual or sick
leave for the period of incapacitation that exceeds ninety (90) calendar days.
The City will supply the difference between the allowance granted by the
insurance and the amount the employee would ordinarily receive for the
period of incapacitation not to exceed (90) calendar days. Thereafter during
such absence he/she may elect to apply prorated accrued sick or annual leave
to such absence and to receive compensation, therefore, in the amount equal
to the difference between the compensation to which he is entitled under the
Workers’ Compensation Act and his regular pay, not to exceed the amount
of his earned sick or annual leave. In tiguring the benefits paid by
insurance, wage benefits alone shall be considered and medical and hospital
benefits shall be excluded.
15.9.2 A local safety member shall be entitled to the benefits of Section 4850 of the
Labor Code. Upon expiration of the one year contemplated by Section 4850,
if the member has not been retired, the City Manager shall determine the
member’s eligibility for using sick leave, vacation, or other leave, as provided by Section 15.8 hereof. Except as expressly approved under this
article, a local safety member shall not be entitled to such leave in lieu of or
in addition to the leave of absence with pay authorized by Section 4850, nor
for any job related injury or other occurrence which entitles the employee to
benefits under Section 4850. The City will supply the difference between
the allowance granted by the insurance and the amount the employee would
ordinarily receive for the period of incapacitation not to exceed one full
calendar year under Section 4850.
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15.10 Sick Leave Conversion. Any permanent employee who has accrued and maintains a
minimum of one hundred sixty (160) hours of sick leave shall be permitted to convert up
to fifteen (15) days of accumulated uncompensated sick leave to vacation at a ratio of three
(3) sick days per one (1) day of vacation. The sick leave conversion option will be
provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if they are already above
the allowed vacation accrual maximum of 232 hours, or if such conversion would put them
over the vacation accrual maximum.
15.11 Any permanent employee applying for retirement with the Public Employees’ Retirement
System may convert accrued and unused sick leave time to extend service time in the
system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended
service.
ARTICLE 16. ASSOCIATION RIGJTIS
16.1 The City recognizes the right of the Association to govern its internal affairs.
16.2 The parties to this Memorandum fully support the concept of the Public Safety Officers’
Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code, attached
hereto as Exhibit A.
16.3
16.4
16.5
Upon the receipt of a written request and authorization from an employee for deduction of
Association dues and other lawfully permitted deductions, the City shall withhold such
dues and deductions from the salary of the employee and remit the withholdings to the
Association. The City shall continue to withhold such deductions unless the employee
files a statement with the City withdrawing authorization for the continued withholding of
the deductions during the month of March of any year covered by the term of this
Memorandum. The effective date of withholding, time of remitting withholdings to the
Association, and all procedural matters shall be determined in accordance with the Rules
and Regulations of the City.
The Association shall provide and maintain with the City a current list of the names and all
authorized representatives of the Association. An authorized representative shall not enter
any work location without the consent of the Police Chief or his designee or the City
Manager or his designee. The Police Chief or his designee shall have the right to make
arrangements for a contract location removed from the work area of the employee.
The Association shall be allowed to designate employee representatives to assist
employees in:
16.5.1 Preparing and processing grievances;
16.5.2 Preparing and presenting material for Disciplinary Appeals hearings;
16.5.3 Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of California Government Code Sections
3300, et seq., known as the Public Safety Officers’ Procedure Bill of Rights
Act.
11
16.6 The Association may designate one employee representative to assist an employee in
preparing and presenting materials for the above-listed procedures. The employee
representative so designated shall be allowed reasonable release time from regularly
scheduled duties for the purpose of investigating and preparing materials for such
procedures. Employee representatives who investigate, prepare or present materials during
off-duty time shall do so on their own time. Employee representatives and employees who
attend Personnel Board or City Council hearings during the off-duty time shall do so on
their own time; providing, however, that employees who are ordered or subpoenaed to
attend such hearings shall be compensated in accordance with the overtime provisions of
this Memorandum.
16.7 Designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to attend meetings relative to other matters of employer-
employee relations.
16.8 Designated employee representatives requesting time off under this Article shall direct
such request to his/her 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.
16.9 The City will continue to furnish the bulletin board space in the Police Department for the
exclusive use of the Association. -Material placed on said bulletin boards shall be at the
discretion of the Association and shall be removed by management only in the event the
material is obviously offensive to good taste, defamatory, and shall be removed only on
prior notification to an Association representative. The Association shall be responsible
for maintaining bulletin boards exclusively used by the Association in an orderly condition
and shall promptly remove outdated materials.
16.10 Use of Citv Facilities
16.10.1 The Association may, with the prior approval of the City Manager, be
granted the use of the City facilities for off-duty meetings of the Police
Department employees provided space is available. All such requests will
be in writing to the City Manager.
16.10.2 The Association may, with the prior approval of the Police chief, be granted
the use of Police facilities for off-duty meetings of the Police Department
employees, provided space is available. All such requests will be in writing
to the Police Chief. In the event the Police Chief denies use of Police
Department facilities, an appeal can be made to the City Manager.
16.10.3 The use of City equipment other than items normally used in the conduct of
business meetings, such as desks, chairs, ash trays and blackboards, is
strictly prohibited, the presence of such equipment in approved City
facilities notwithstanding.
ARTICLE 17. OVERTIME PAY
Each employee covered by this agreement shall be entitled to overtime compensation at the premium rate
of one and one-half (1 -l/2) times the employee’s regular rate of pay for all time worked, or regarded as
12
having been worked because of authorized leaves of absence, in excess of the employee’s regularly
scheduled work day and/or in excess of forty (40) hours per week. Each employee shall have the option
of receiving compensatory time off at the premium rate in lieu of cash, subject to a maximum
accumulation of eighty (80) hours of compensatory time off. While an employee has accumulated the
maximum number of hours of compensatory time off, he/she shall receive all overtime compensation in
cash until such time as the compensatory time off bank is no longer at the maximum accrual rate.
ARTICLE 18. CALL BACK PAY
If an employee is required to return to his/her place of employment or other work location directed by the
employer at a time that is not part of the employee’s regularly scheduled work shift, that employee shall
receive appropriate overtime pay, as described in Article 17, for the actual number of hours worked on
that occasion, subject to the following minimum guarantees:
(a) If the “call back” was scheduled in advance, such as for training or firearms qualification, the
employee shall receive a minimum of two hours of appropriate overtime compensation.
0-J) If the “call back” was not scheduled in advance, the employee shall receive a minimum of three
hours of appropriate overtime compensation.
These minimums shall not apply to situations where the call back is contiguous with the commencement
or end of the employee’s regularly scheduled work shift. In that situation, the employee shall receive
applicable overtime compensation for all time actually worked beyond the regularly scheduled work
shift.
This Article shall,apply to all situations where an Investigator receives a telephone call that is authorized
by the Watch Commander at a time when the Investigator is off duty. On those occasions, whenever the
Investigator is called, he/she shall be requested to report for duty and, upon so reporting, shall be entitled
to the compensation described above.
ARTICLE 19. SENIORITY
19.1 The seniority of an employee shall be based upon the number of calendar months of
continuous service in the Carlsbad Police Department. If an employee terminates his/her
City employment voluntarily or is dismissed for cause, that employee shall lose all
seniority credited to him/her prior thereto, and subsequent reemployment of the employee
shall not restore the seniority so lost. When an employee is reinstated, seniority is.
determined by using the date of reinstatement as the new date of hire. Any employee laid
off after acquiring permanent status shall, after reinstatement, regain the seniority credit
he/she possessed at the time of layoff if said employment is within twenty-four (24)
months.
19.2 Leaves of absence in excess of thirty (30) continuous days shall not be credited to
continuous service.
ARTICLE 20. LEGAL REPRBSENTATION
20.1 Upon request of an employee and subject to any limitations provided by law, the City will
provide for the defense of any civil action or proceeding initiated against the employee by
a person or entity other than the City in a court of competent jurisdiction, on account of
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any act or omission occurring within the course and scope of his employment as an
employee of the City.
20.2 Nothing herein shall be deemed to require the provision of such defense where the
discretion to provide or not provide such defense is vested in the City pursuant to the
provision of the California Government Code, or where the act or omission was not within
the scope of the employee’s employment, or the employee acted or failed to act because of
actual fraud, corruption or actual malice, or where the provision of such defense would
create a conflict of interest between the City and the employee.
20.3 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 2 1. PEACEFUL PERFORMANCE OF CITY SERVICES
21.1 During the term of the agreement, the CPOA, its representatives, or members shall not
engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind
against the City of Carlsbad.
21.2 During the term of this Agreement, the City will not instigate a lockout over a dispute with
the employees.
21.3 As used in this section, “strike or work stoppage” means the concerted failure to report for
duty, the willfirl absence from one’s position, the stoppage of work, or the abstinence in
whole or in part from the full, faithful performance of the duties of employment for the
purpose of inducing, influencing or coercing a change in the conditions of compensation,
or the rights, privileges or obligations of employment.
ARTICLE 22. DISCIPLINE OF AN EMPLOYEE
22.1 The City may only discipline permanent employees for just cause. In the case of
disciplinary action involving suspension, demotion or discharge, the employee shall be
given notice of the action to be taken, the evidence or materials upon which the action is
based, and an opportunity to respond to the City Manager or designee either orally or in
writing within seven (7) calendar days of the notice of the action. The above process will
occur prior to the imposition of the discipline.
22.2
22.3
Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out hereafter. Written notice of discipline shall
inform and remind the disciplined employee of this right,
Once discipline has been imposed, the Police Chief or his designee shall specify the period of time, from one to four years, that said discipline will remain in the affected employee’s
personnel records. At the end of said designated period of time, the disciplinary action
shall be removed from the employee’s personnel file. It is the responsibility of the
employee. to initiate a request for removal of disciplinary action from the employee’s
personnel file. The only permitted use of such disciplinary action shall be in a later
disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
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22.4
22.5
22.6
22.7
22.8
22.9
Nothing herein shall be construed to require “cause” or “just cause” for the rejection of a
probationary employee prior to the expiration of the probationary period. A probationary
employee rejected during the probationary period shall not be entitled to appeal such
rejection to the Personnel Board, but shall be entitled to an administrative appeal under
Section 3304(b) of the Government Code. Such administrative appeal shall consist of the
procedure described in Section 22.1 hereof.
Right of Anneal. Any employee in the competitive service shall, within seven (7) calendar
days, have the right to appeal to the Personnel Board any disciplinary action, interpretation
or alleged violation of the Personnel ordinance, except in instances where the right of
appeal is specifically prohibited by the Personnel ordinance or this Article.
Method of Anneal. Appeals shall be in writing, subscribed by the appellant, and filed with
the Personnel Officer, who shall, within ten (10) calendar days after receipt of the appeal,
inform each member of the action desired by the appellant, with his reasons therefore. The
formality of a lega pleading is not required.
Upon the filing of an appeal, the Personnel Officer shall set a date for the hearing Notice.
on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing unless the parties mutually agree to a later hearing date. The
Personnel officer shall notify all interested parties of the date, time, and place of the hearing at such places as the Personnel Board shall prescribe.
Hearings. The appellant shall appear personally unless physically unable to do so, before
the Personnel Board at the time and place of the hearings. He may be represented by any
person or attorney as he may select and may at the hearing produce on his behalf relevant
oral or documentary evidence. The City shall state its case first and, at the conclusion,
appellant may then present evidence. Rebuttal matter not repetitive may be allowed in the
discretion of the Personnel Board. Cross-examination of witnesses shall be permitted.
The conduct and decorum of the hearing shall be under the control of the Personnel Board
by its chairman, with due regard to the rights and privileges of the parties appearing before
it. Hearings need not be conducted according to technical rules relating to evidence and
witnesses. Hearings shall be closed unless the appellant, in writing, requests an open
hearing.
Findings and Recommendations. The Personnel Board shall, within ten (10) calendar days
after the conclusion of the hearing, certify its findings and decisions in writing to the City
Council and to the appellant. The City Council shall review the findings and
recommendations of the Personnel Board and may then aff’rm, revoke or modi@ the action
taken as, on its judgement, seems warranted, and the action taken shall be final. Any
member of the Personnel Board may submit a minority or supplemental finding and
recommendation. In cause of suspension, discharge or demotion the appointing power
shall reinstate any employee to his former status if proof is made that the action was for
discriminatory reasons.
ARTICLE 23. PROBATIONARY PERIOD
23.1 For sworn personnel, the entry level probationary period shall be one year from the date
the employee is sworn as an officer. For non-sworn personnel, the entry level probationary
period shall be one year from the date of hire. The probationary period will permit both
the supervisor and the employee to become acquainted and to determine the adaptability
15
and the fitness of the employee of the assigned work The employee will find this period
helpful in evaluation of the City, his duties, his work and other satisfaction.
23.2 All personnel promoted within the Department shall be on probation in the promotional
position for a period of one year from the date of promotion.
ARTICLE 24. RETIREMENT BENEFITS
24.1 The City agrees to continue to pay the employer’s contribution rate required by the Public
Employees’ Retirement System to maintain the current level of benefits for employees
covered by this Memorandum.
24.2 The City will continue to pay on behalf of all sworn represented safety employees the nine
percent (9%) employee’s retirement contribution to PERS.
24.3 The City will continue to pay on behalf of all represented miscellaneous employees the
seven percent (7%) employee’s retirement contribution to PERS.
ARTICLE 25. IIEALTH INSURANCE
25.1 During the entire term of this agreement, the City will pay on behalf of all employees
covered by this agreement and their eligible dependents and those retirees designated in
Section 25.4, the sum of sixteen dollars ($16) per month for health insurance through the Public Employees’ Retirement System (PERS). This amount is mandatory regardless of
whether the employee chooses to be covered by a health insurance plan.
25.2 Beginning January 1,1999, the City shall continue to contribute the following monthly
amounts on behalf of each active employee and eligible dependents towards the payment
of premiums under the PERS health program.
(4 For employees with “employee only” coverage, the sixteen dollars ($16) described
above and an additional sum equal to one hundred percent (100%) of the actual
premium less sixteen dollars ($16) but not to exceed one hundred eighty-four
dollars ($184) per month. If the actual total premiums exceed the aggregate of
sixteen dollars ($16) and one hundred eighty-four dollars ($184), the employee
will pay the difference.
For employees with “employee plus one dependent” coverage, the sixteen dollars
($16) described above and an additional sum equal to one hundred percent (100%)
of the actual premium less sixteen dollars ($16), but not to exceed three hundred
thirteen dollars ($3 13) per month. If the actual total premiums exceed the
aggregate of sixteen dollars ($16) and three hundred thirteen dollars ($3 13), the
employee will pay the difference.
(c) For employees with “employee plus two or more dependents” coverage, the sixteen
dollars ($16) described above and an additional sum equal to one hundred percent
(100%) of the actual premium less sixteen dollars (S 16), but not to exceed four
hundred twenty-eight dollars ($428) per month. If the actual total premiums exceed
the aggregate of sixteen dollars ($16) and four hundred twenty-eight dollars ($428),
the employee will pay the difference.
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25.3 Beginning January 1,2000, the City shall contribute the following monthly amounts on
behalf of each active employee and eligible dependents towards the payment of premiums
under the PERS health program.
(4 For employees with “employee only” coverage, the sixteen dollars ($16) described
above and an additional sum equal to one hundred percent (100%) of the actual
premium less sixteen dollars ($16), but not to exceed two hundred twenty-four
dollars ($224) per month. If the actual total premiums exceed the aggregate of
sixteen dollars ($16) and two hundred twenty-four dollars ($224), the employee
will pay the difference.
For employees with “employee plus one dependent” coverage, the sixteen dollars
($16) described above and an additional sum equal to one hundred percent (100%)
of the actual premium less sixteen dollars ($16), but not to exceed three hundred
fifty-three dollars ($353) per month. If the actual total premiums exceed the
aggregate of sixteen dollars ($16) and three hundred fifty-three dollars ($353), the employee will pay the difference.
Cc) For employees with “employee plus two or more dependents” coverage, the
sixteen dollars ($16) described above and an additional sum equal to one hundred
percent (100%) of the actual premium less sixteen dollars ($16), but not to exceed
four hundred sixty-eight dollars ($468) per month. If the actual total premiums
exceed the aggregate of sixteen dollars ($16) and four hundred sixty-eight dollars
($468), the employee will pay the difference.
25.4 The City shall continue to contribute the monthly sum of sixteen dollars ($16) for each
retired employee who was a member of this bargaining unit and who elects to participate
in the PERS Health Insurance Plan by filing with the City a written request to participate.
ARTICLE 26. UNIFORM REIMBURSEMENT
26.1 From July 1, 1999 through December 3 1, 1999, reimbursement to represented employees
for the cost of purchasing and maintenance of required uniforms shall be one half of the
current annual rate of reimbursement of five hundred seventy-five dollars ($575) for this
six month period. This reimbursement will be prorated and paid out on a biweekly basis in
the amount of $22.12 per pay period beginning on July 1,1999, for the balance of
Calendar Year 1999.
26.2 Beginning January 1,2000, reimbursement to represented employees for the cost of
purchasing and maintenance of required uniforms shall be six hundred fifty dollars ($650).
This reimbursement will be prorated and paid out on a biweekly basis in the amount of $25
per pay period over 26 pay periods.
ARTICLE 27. EDUCATION INCENTIVE
27.1 Educational Incentive Comnensation. As of January 1, 1996, the below described
Educational Incentive Program shall be effective.
27.1.1 Applicable to sworn Peace officers in the bargaining unit Sten 1:
represented by the Carlsbad Police Officers’ Association.
(4 Reauirement: Present proof to the Training Manager,
17
Carlsbad Police Department, of the following:
27.1.2
(1) Completion of probation as a member of the Police
Department of the City of Carlsbad. The probationary
period must have been completed immediately prior to
the time the application for Education Incentive
Compensation is submitted.
(2) Present evidence to the Training Manager, Carlsbad
Police Department, of the award of an Intermediate
Certificate issued by the State of California Commission
on Peace Officer Standards and Training.
Comnensation: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of sixty dollars ($60) paid biweekly for twenty-six biweekly pay periods per
fiscal year. Such compensation shall be in lieu of any previous
Education Incentive compensation payments which have been
received. Eligibility for receiving the compensation will be
based upon the date the certificate is issued by P.O.S.T. It is the
sole responsibility of the officer to seek the award of the
certificate.
Applicable to all non-sworn employees in the bargaining unit Sten 2:
represented by the Carlsbad Police Officers’ Association.
(a) Reauirement: Present evidence to the Training Manager, Carlsbad Police Department, of the following:
(1) Completion of probation as a member of the Police
Department of the City of Carlsbad. The probationary
period must have been completed immediately prior to
the time the application for Educational Incentive
Compensation is submitted.
and
(2) Present evidence to the Training Manager, Carlsbad
Police Department, of having met the State of California
Commission on Peace Officers Standards and Training
requirements for the award of an Intermediate
Certificate as determined and agreed to by
representatives of the City Manager and the Carlsbad
Police Officer Association Resident. It is understood
no certificate can be awarded to non-sworn.
Comnensation: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of sixty dollars ($60) paid biweekly for twenty-six biweekly pay periods per
18
27.1.3
27.1.4
fiscal year. Such compensation shall be in lieu of any previous
Education Incentive compensation payments which have been
received. It is the sole responsibility of the employee to seek the
award of compensation.
Applicable to sworn Peace officers in the bargaining unit Sten 3:
represented by the Carlsbad Police Officers’ Association.
(4 Reauirement: Present proof to the Training Manager, Carlsbad
Police Department, of the following:
(1) Completion of probation as a member of the Police
Department of the City Of Carlsbad. The Probationary
period must have been completed immediately prior to
the time the application for Educational Incentive
Compensation is submitted.
and
(2) Present evidence to the Training Manager, Carlsbad Police Department, of the award of an Advanced
Certificate issued by the State of California Commission
on Peace Officer Standardsand Training.
Comnensation: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of ninety dollars
($90) paid biweekly for twenty-six biweekly pay periods per
fiscal year. Such compensation shall be in lieu of any previous
Education Incentive compensation payments which have been
received. Eligibility for receiving the compensation will be based upon the date the certificate is issued by P.O.S.T. It is the
sole responsibility of the employee to seek the award of the
certificate.
Applicable to all non-sworn employees in the bargaining unit Sten 4:
represented by the Carlsbad Police Officers’ Association.
(a) Reauirement: Present evidence to the Training Manager,
Carlsbad Police Department, of the following:
(1) Completion of probation as a member of the Police Department of the City of Carlsbad. The probationary
period must have been completed immediately prior to
the time the application for Educational Incentive
Compensation is submitted.
and
(2) Present evidence to the Training Manager, Carlsbad
Police Department, of having met the State of California
Commission on Peace Officers Standards and Training
19
I . ’
requirements for the award of an Advanced Certificate
as determined and agreed to by representatives of the
City Manager and the Carlsbad Police Offkxr
Association President. It is understood no certificate
can be awarded to non-sworn.
(b) Comnensation: Satisfactory fulfillment of the above
requirement shall be compensated at the rate of ninety dollars
($90) paid biweekly for twenty-six biweekly pay periods per
fiscal year. Such compensation shall be in lieu of any previous
Education Incentive compensation payments which have been
received. It is the sole responsibility of the employee to seek the
award of compensation.
ARTICLE 28. FIELD TRAINING OFFICER
Field training officers or civilian personnel who are assigned to train co-workers shall be compensated at
the rate of $20 for each work shift the employee is engaged in the training function. The selection of
field training officers or civilian personnel who are assigned to train co-workers shall be at the sole
discretion of the Police Chief.
AkTICLE 29. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of detective, shall be assigned a designated
vehicle and shall be entitled to use the vehicle each on duty shift, provided, however, such assignment of
a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to any
detectives assigned in addition to the number assigned as of the date of this Memorandum.
ARTICLE 30. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability insurance.
Said insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, said insurance shall continue unchanged.
ARTICLE 3 1. PREGNANCY DISAHILMY LEAVE
The City agrees to provide up to four (4) months of unpaid leave for any employee who is disabled by
pregnancy, as such disability is determined by competent medical evidence. The employee may elect to
extend such unpaid leave beyond four (4) months, but such extension(s), if any, shall be in the sole
discretion of the Department and the Department may take into consideration staffing and other needs of
the Department, prior leaves by the requesting employee, the employee’s vacation and sick leave
balances and such other factors as the Department may deem appropriate.
ARTICLE 32. DISABILITY RETIREMENT
If the disability retirement of an employee is contested, then the affected employee shall be entitled to an
evidentiary hearing to determine whether such retirement shall be granted. Such a hearing shall be
conducted by an Administrative Law Judge appointed by the California Office of Administrative
Hearings. The Administrative Law Judge shall make findings and recommendations to the City
Manager, who shall have the final determination as to the disability retirement. Nothing herein shall
affect the jurisdiction of the Workers’ Compensation Appeals
20
Workers’ Compensation Appeals Board to determine whether a disability is or is not industrial. An
employee may waive his/her right to an evident&y hearing.
ARTICLE 3 3. VACATION
33.1 All eligible miscellaneous and uniformed police employees shall be entitled to a vacation
according to the number of continuous full years of employment based on the following scale:
1 through 5 full years of continuous service - 10 working days
6 through 10 full years of continuous service - 15 working days
10 through 11 full years of continuous service - 16 working days
11 through 12 full years of continuous service - 17 working days
12 through 13 ml1 years of continuous service - 18 working days
13 through 14 full years of continuous service - 19 working days
14 through 15 full years of continuous service - 19 working days
16 and over full years of continuous service - 20 working days
Employees will not be entitled to take vacation pay until they have been employed with the
City for six (6) full months.
33.2 Vacation Accrual
All employees shall be entitled to accrue vacation up to a maximum of 232 hours.
ARTICLE 34. HOLIDAYS
34.1 The City agrees to observe twelve (12) scheduled paid holidays plus one (1) floating
holiday per year. Any floating holiday is to be taken at the discretion of the individual
employee with the approval of the Department Head. The holiday schedule shall not
interfere with, influence, or otherwise change the scheduling of shift employees by the
department.
34.2
34.3
The holiday schedule for the term of this agreement is as follows:
New Year’s Day
Martin Luther King’s Birthday
Lincoln’s Birthday
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Members of the Police Department who are required to work a normal eight hour day
(8:00 a.m. to 5:00 p.m., Monday through Friday) shall receive holiday overtime at the rate
of one and one-half times the employee’s regular hourly rate of pay for each of the twelve
21
scheduled holidays worked in a forty hour work week, and having worked a minimum of
six of the twelve scheduled holidays in any calendar year shall receive holiday overtime
pay for twelve holidays. Payment shall be made during the pay period wherein the
overtime is worked and during the final month of the fiscal year because of fXfillment of
the “minimum of six” requirement.
ARTICLE 35. SALARY ON PROMOTION
35.1 Effective January 1,1999, any officer promoted to the rank of Police Sergeant will be
compensated at a minimum of five percent (5Oh) above the top step of Senior Police
Officer.
35.2 Effective January 1, 1999, any Communications Operator I or II promoted to the position
of Communications Supervisor will have their compensation adjusted a minimum of five
percent (5%) and not less than the top step of Lead Communications Operator.
ARTICLE 36. ALCOHOL AND DRUG 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 will be interpreted consistent with the
provisions of the Public Safety Officers Procedural Bill of Rights (Government Code
Section 3300 et seq.). This policy is intended to accomplish that objective.
A. Definitions - As Used in This Policy:
1. ‘Drug” means any substance which produces a physical, mental, emotional
or behavioral change in the user, including but not limited to, prescription
medications, heroin, cocaine, morphine and its derivatives, P.C.P.,
methadone, barbiturates, amphetamines, methamphetamines, alcohol,
marijuana, and other cannabinoids.
2. “Workplace” means any site where City-assigned work is performed,
including City premises, City vehicles or other premises or vehicles, while
City-assigned work is being conducted, or within a reasonable time
thereafter.
3. “Reasonable suspicion” means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or drugs where
such impairment could negatively affect work performance or could pose a
threat to public or employee safety.
B. Emulovee Resnonsibilities
1. As a condition of employment, employees shall:
22
C. Emulover Searches
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;
C. notify the City of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based
on a violation which occurred in the workplace, no later than five days
after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are encouraged to notify their supervisors when taking any
medication or drugs, prescription or non-prescription (over-the-counter
medications), which may interfere with safe or effective performance of
their duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment are
relevant to City employment may result in disciplinary action up to and
including termination if there is relevant nexus between such off-duty
involvement and the employee’s employment witb the City, consistent with
the legal requirements for disciplinary due process.
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 ml1 or joint
control with the employee, including but not limited to City vehicles, desks,
lockers, file cabinets, and bookshelves. These areas remain part of the
workplace context even if the employee has placed personal items in them.
Employees are cautioned against storing personal belongings in work areas
under full or joint City control since such work areas may be subject to
investigation and/or search under this policy. If the Public Safety Officers
Procedural Bill of Eights (Government Code Section 3300 et seq.) is applicable
to a particular search, then the City will comply therewith, notwithstanding any
provision of this policy.
Employer searches shall occur when there is a determination of “reasonable
suspicion” as defined herein. Such searches shall be conducted by persons
having supervisory and/or other legal authority to conduct such searches.
23
II.
D.
Searches will not normally occur without concurrence of more than one
supervisor. Nothing herein shall prevent
the City from taking appropriate action if there is an inadvertent discovery of
evidence of drug or alcohol use.
Conseauences of Violation of Policv
1. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an
approved alcohol or substance abuse assistance or rehabilitation program.
DRUG AND ALCOHOL ANALYSIS
A. Pre-emnlovment Drug and Alcohol Analvsis
1. Prior to receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City’s discretion, this
analysis may be in the form of “breathalizer,” urine, or blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be rejected
for City employment.
B. Emulovee Drue and Alcohol Analvsis
1. If a manager or supervisor of the City has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the workplace
or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the City’s
discretion, this analysis may be in the form of “breathalizer,” urine, or
blood analysis.
C. An employee may also be required to remain on the premises for a
reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of “reasonable suspicion” as deEned 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;
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d. an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the workplace
situation;
f. 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.
3. Refusal to remain on the premises or to submit to a drug and alcohol
analysis when requested to do so by City management or by law
enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination.
4. A drug and alcohol analysis may test for the presence of any drug which
could impair an employee’s ability to effectively and safely perform the
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in disciplinary
action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug test sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigaticn deemed necessary by the City.
III. 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 l(800) 999-
7222.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-referral
contacts are held in confidence by the EAP.
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C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of
any City policy.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Understanding to be effective as stated herein.
CITY OF CARLSBAD
APPROVED AS TO FORM:
kO6&kD R. BALL, City Attorney Date
CARLSBAD POLICE OFFICERS’ ASSOCIATION
&P- z-1-99
CI-kl OPPENBORN, President Date
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ATTACHMENT A Resolution No.
RANGE
14
16
18
20
22
24
36
37
38
42
90
RANGE 14 COMMUNITY SERVICE OFFICER I
RANGE 16 COMMUNITY SERVICE OFFICER II
RANGE 18 COMMUNITY SERVICE OFFICER III
RANGE 20 COMMUNICATIONS OPERATOR I
RANGE 22 COMMUNICATIONS OPERATOR II
RANGE 24 LEAD COMMUNICATIONS OPERATOR
RANGE 36 POLICE OFFICER
RANGE 37 COMMUNICATIONS SUPERVISOR
RANGE 37 RECORDS SUPERVISOR
RANGE 38 SENIOR POLICE OFFICER
RANGE 42 POLICE SERGEANT
RANGE 90 POLICE RECRUIT
CARLSBAD POLICE DEPARTMENT
BIWEEKLY SALARY SCHEDULE
January 1, 1999
STEP A STEP B STEP C STEP D STEP E
$960.16 $1,008.18 $1,058.57 $1,111.51 $1,X7.08
$1,008.18 $1,058.57 $1,111.51 $1,167.08 $X,225.43
$1,058.57 $1,111.51 $1,167.08 $1,225.43 $1,286.71
$1,234.25 $1,294.69 $1,360.60 $1,428.35 $1,499.76
$1,294.69 $1,360.60 $1,428.35 $1,499.76 $1,574.85
$1,428.35 $1,499.76 $1,574.75 $1,653.49 $1,736.X
$1,563.93 $1,642.47 $1,724.33 $1,811.22 $1,901.45
$1,605.29 $1,685.56 $1,769.82 $1,858.32 $1951.25
$1,642.47 $1,724.33 $1,811.22 $1,901.45 $1,996.70
$1,996.70 $2,095.26 $2,200.53 $2,310.80 $2,426.09
$1,327.84 $1,394.26 $1,463.96 $1,537.16 $1,614.02
RANGE
14
16
18
20
22
24
36
37
38
42
90