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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. Page2ofAB# J 5; 083 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. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 * 1 : 1 c . e I E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Page 2 Page 2 Page 2 Page 2 Page 2 , Page 3 Page 3 Page 3 Page 3 Page 4 Page 4 Page 7 Page 8 Page 8 Page 8 Page 8 Page 11 Page 12 Page 13 Page 13 Page 13 Page 14 Page 14 Page 15 Page 16 Page 16’ Page 17 Page 17 Page 20 Page 20 Page 20 Page 20 Page 20 Page 21 Page 21 Page 22 Page 22 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 2 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. 4 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. 6 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. 10 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 13 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. 14 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. 16 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; 24 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. 25 C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any City policy. 26 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 27 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