HomeMy WebLinkAbout2013-05-28; City Council; 21241; Approval Memorandum Understanding Police CPMACITY OF CARLSBAD - AGENDA BILL
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5/28/13
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APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH THE
CARLSBAD POLICE MANAGEMENT
ASSOCIATION (CPMA)
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2013-123 approving a Memorandum of Understanding with the Carlsbad
Police Management Association (CPMA).
Adopt Resolution No. 2013-124 amending the City's California Public Employees' Retirement
System (CalPERS) Employer Paid Member Contribution for local safety employees represented
by the Carlsbad Police Management Association.
ITEM EXPLANATION:
Representatives of the City and the Carlsbad Police Management Association (CPMA) have
met and conferred in good faith and have reached an agreement regarding wages, hours and
other terms and conditions of employment for represented employees. The Memorandum of
Understanding (MOU) with CPMA shall be for a term of thirteen months, beginning December
1, 2012 and ending on December 31, 2013 and includes the following provisions:
• COMPENSATION ADJUSTMENTS:
Effective the first full pay period following City Council approval of this MOU, the base
salary of the lowest paid Lieutenant will be increased to equal the base salary of the
majority of the current Lieutenants.
The base pay matrix used to determine base salary increases for unrepresented
management employees will no longer apply to CPMA members. A base pay matrix
funded at 3% will be used effective 7/1/13 to determine salary increases for eligible CPMA
members. Actual salary increases are determined by performance ratings and eligibility
rules outlined in Administrative Order No. 66.
Upon initial entry into a CPMA classification, an employee's base salary shall be set equal
to the base salary ofthe lowest paid employee in that same classification.
• SALARY SCHEDULE: CPMA classifications will no longer be listed on the unrepresented
Management Salary Structure. The CPMA Salary Schedule is shown as Attachment A of
Exhibit 2.
DEPARTMENT CONTACT: Debbie Porter 760-602-2441 Debbie.Porter@Carlsbadca.gov
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED X CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
• RETIREMENT BENEFITS: Effective the first full pay period following City Council
approval of this MOU, Tier 1 and Tier 2 safety employees shall pay all of the employee
retirement contribution (9%). Tier 3 safety employees shall pay one half of the normal
cost rate associated with the 3rd tier, as per the California Public Employees' Pension
Reform Act of 2013 (PEPRA).
• HEALTH INSURANCE/ FLEXIBLE BENEFITS PROGRAM: Effective the first full pay
period following City Council approval of this MOU, the City's health contribution for each
coverage level will increase to the following amounts:
Employee Only = $567/month
Employee + 1 = $1,082/month
Employee + 2 or more = $1,421/month
Opt Out of Medical = $308/month
If an employee does not use all of their City health contribution dollars, called "Benefit
Credits," to pay for their health insurance, any unused Benefit Credits will be paid to the
employee as taxable cash.
During the open enrollment period in 2013, CPMA employees will no longer be required to
select dental insurance at the same coverage level as their medical insurance; and they
will be allowed to apply their Benefit Credits towards the optional purchase of Accidental
Death & Dismemberment insurance.
• HOLIDAYS: As of July 1, 2013, the floating holiday shall be eliminated for all CPMA
employees.
• Language changes to be incorporated into the MOU between the City and the Carlsbad
Police Management Association are outlined in Exhibit 2.
FISCAL IMPACT:
The estimated annual cost of the increase to the base salary effective upon ratification of the
lowest paid Lieutenant is $8,800, which includes salary and related benefits.
The estimated annual cost of increasing the Health Benefit Credits effective upon ratification
is $6,000.
The reduction ofthe CalPERS Employer Paid Member Contribution from 3.5% to 0% upon
ratification will save the City approximately $45,000 per year.
For FY 2012-13, the increase to base salary and health benefit credits and the reduction of
the CalPERS Employer Paid Member Contribution will result in a net budgetary savings.
Future fiscal year impacts will be reflected during the annual budget process.
The estimated annual cost of the 3% base pay matrix to be funded July 1, 2013 is $39,000,
which includes salary and related benefits. Funding for this will be included in the FY 2013-
14 Adopted Budget.
The elimination ofthe floating holiday effective July 1, 2013 will result in a savings of
approximately $2,500 per year related to the additional pay Police Lieutenants receive in lieu
of time off on a floating holiday. This savings will be reflected in the Fiscal Year 2013-14
Adopted Budget.
There is no fiscal impact associated with the non-economic items outlined above.
ENVIRONMENTAL IMPACT:
The proposed action does not qualify as a "project" under the California Environmental Quality
Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or
reasonably foreseeable indirect physical change in the environment.
EXHIBITS:
1. Resolution No. 2013-123 adopting the Memorandum of Understanding between the City of
Carlsbad and the Carlsbad Police Management Association
2. Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police
Management Association, including Attachment A, CPMA Salary Schedule.
3. Strike-out copy of the Memorandum of Understanding Between the City of Carlsbad and
the Carlsbad Police Management Association
4. Amended Management Salary Structure
5. Strike-out copy of amended sections of the Management Salary Structure
6. Resolution No. 2013-124 amending the City's California Public Employees' Retirement
System (CalPERS) Employer Paid Member Contribution for local safety employees
represented by the Carlsbad Police Management Association
EXHIBIT 1
1 RESOLUTION NO. 2013-123
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM
3 OF UNDERSTANDING BETWEEN REPRESENTATIVES
OF MANAGEMENT AND THE CARLSBAD POLICE
^ MANAGEMENT ASSOCIATION
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6 WHEREAS, representatives of management and the Carlsbad Police
7 Management Association, Inc. (CPMA) have met and conferred in good faith pursuant
^ to the Meyers-Milias-Brown Act regarding wages and other terms and conditions of
employment; and
WHEREAS, said representatives have reached agreement which they desire to
submit to the City Council for consideration and approval; and
WHEREAS, the City Council has determined it to be in the public interest to
accept such an agreement in the form of a Memorandum of Understanding (MOU)
j5 marked Exhibit 2 and incorporated by reference herein.
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
17 Carlsbad, California, as follows:
18 1. That the above recitations are true and correct.
1^ 2. That the Memorandum of Understanding between Carlsbad Police
Management Association, Inc. (CPMA) and the City of Carlsbad as set forth in Exhibit 2
is hereby approved as executed by the City Manager.
3. That the Salary Schedule for CPMA-represented employees as set forth in
Attachment A of Exhibit 2 is hereby approved.
4. That the amended Management Salary Structure as set forth in Exhibit 4 is
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1 5. That funding for the Fiscal Year 2012-13 portions ofthe salary and health
2 insurance contribution adjustments are included in the Fiscal Year 2012-13 budget.
^ 6. That funding for future year increases described in the MOU will be
included in future fiscal year budgets.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 28th day of May 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn, Douglas.
None.
ABSENT: None.
ATTEST:
Exhibit 2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
Term: December 1,2012- December 31,2013
TABLE OF CONTENTS
Preamble Page 2
Article 1 Implementation Page 2
Article 2 Term and Renegotiation Page 2
Article 3 Authorized Agents Page 2
Article 4 Recognition Page 2
Article 5 Savings Clause Page 3
Article 6 Nondiscrimination Clause Page 3
Article 7 Management Rights Page 3
Article 8 Basic Work Week/Work Day Page 3
Article 9 Court and Hearings Page 3
Article 10 Sick Leave/Bereavement Leave Page 4
Article 11 Association Rights Page 6
Article 12 Overtime Page 7
Article 13 Call Back Page 7
Article 14 Seniority Page 8
Article 15 Peaceful Performance of City Services Page 8
Article 16 Discipline of an Employee Page 9
Article 17 Retirement Benefits Page 10
Article 18 Flexible Benefits Program Page 11
Article 19 Uniform Reimbursement Page 13
Article 20 Vehicles for Investigations Page 13
Article 21 Long Term Disability Page 13
Article 22 Leave of Absence Page 13
Article 23 Disability Retirement Page 16
Article 24 Vacation Page 16
Article 25 Holidays Page 18
Article 26 Alcohol and Drug Policy Page 19
Article 27 Employer Searches Page 22
Article 28 Performance Management and Compensation System Page 22
Article 29 Executive Leave Page 23
Article 30 Life Insurance and Voluntary Benefits Page 23
Article 31 Separation Compensation Page 23
Article 32 Annual Physical Examination/Physical Fitness Testing Page 23
Article 33 Deferred Compensation Page 24
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 ofthe
City of Carlsbad (hereinafter referred to as the "City") and the designated representatives of the Carlsbad
Police Management Association (hereinafter referred to as "CPMA").
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 and the
local safety police management 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 Memorandum by the membership of CPMA. It is agreed that the City will
act in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures
and those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on December 1, 2012, and shall continue until
December 31, 2013.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in
approximately October 2013.
ARTICLE 3. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
3.1 City's principal authorized agent shall be the City Manager or a duly authorized representative
[Address: 1200 Carlsbad Village Drive, Carlsbad, Califomia 92008; Telephone: (760) 434-
2821] except where a particular representative is specifically designated in connection with the
performance of a specific fiinction or obligation set forth herein.
3.2 CPMA's principal authorized agent shall be its President or duly authorized representative
[Address: 2560 Orion Way, Carlsbad, CA, 92010] and the Califomia Organization of Police and
Sheriffs [Address: 1920 S. Archibald Ave., Unit L, Ontario, Califomia 91761; Telephone: (909)
923-6801].
ARTICLE 4. RECOGNITION
The City recognizes CPMA as the majority representation of the bargaining unit that includes the
classifications of Police Captain and Police Lieutenant.
ARTICLE 5. SAVINGS CLAUSE
If any articles of this Memorandum 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 shall remain in full force and effect for the duration of this Memorandum.
ARTICLE 6. NONDISCRIMINATION CLAUSE
Neither City nor CPMA 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 CPMA
activity or because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 7. MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right: to determine the mission of its
major service areas, departments, commissions, and boards; to set standards of service; to determine
procedures and standards of selection for employment and promotion; to direct its employees; to 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 work groups; to maintain the efficiency of
City operations; to determine the methods, means and personnel by which City operations are to be
conducted; to determine the contents of job classifications; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion over its organization and the
technology for performing its work.
Nothing in this Memorandum shall require the City to meet and confer over the exercise of its
management rights, however, in so doing; the City shall comply with all applicable provisions of this
Memorandum.
ARTICLE 8. BASIC WORK WEEK/WORK DAY
8.1 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
8.2 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for
swom employees begins on Sunday at 00:01 hours and ends 14 days later at 23:59 hours.
Overtime shall be compensated in the manner prescribed by Article 12 of this Memorandum.
8.3 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work
three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour
shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours
worked in the pay period.
8.4 Members of this bargaining unit will be given two (2) fifteen-minute rest periods and one (1)
half-hour lunch break each workday without loss of pay.
8.5 CPMA members currently on a 3/12 schedule shall work a 4/10 schedule once the 4/10 schedule
is implemented for CPOA membership.
ARTICLE 9. COURT AND HEARINGS
9.1 Compensation: Off duty Lieutenants who appear in court or at a hearing 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 Lieutenant's regular rate of
pay.
9.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the Lieutenant's regularly scheduled
work shift. In that situation, the Lieutenant shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two (2) hours prior to the commencement of
the employee's work shift will receive two (2) hours compensation at the overtime pay rate.
Any subpoena received with an appearance time of one (1) hour prior to the commencement of
the employee's work shift will receive one (1) hour compensation at the overtime pay rate.
Lieutenants who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
minimums.
9.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held
over during the normal lunch break for ftirther appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
9.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when
the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the
court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for
mileage expenses to and from the court or hearing location, or the round trip distance between the
court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall
be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad
titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this
policy.
9.5 Phone Testimony: When off duty Lieutenants provide court or hearing testimony via telephone,
the employee shall be compensated for the actual time of the telephone testimony or a minimum
of one (1) hour, whichever is greater, at time and one-half the employee's regular rate of pay.
9.6 District Attomey Conversation: When off duty Lieutenants receive calls from District Attomey
personnel regarding criminal cases, employees will receive no compensation for conversations
lasting less than 10 minutes. Lieutenants will receive compensation at time and one-half the
employee's rate of pay for the actual time of the conversation or a minimum of one (1) hour,
whichever is greater, for conversations lasting 10 minutes or longer. Lieutenants receiving
multiple calls within the same one hour period shall only receive one hour compensation.
ARTICLE 10. SICK LEAVE/BEREAVEMENT LEAVE
10.1 Every employee will accrue sick leave at the rate of 16 minutes per calendar day. Sick leave may
be used in 15 minute increments.
10.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out
when an employee's employment with the City ends.
10.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal
injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the
employee's own or a family member's medical, dental, or optometry appointments.
In addition, in the event of the death of an employee's family member, the employee may take up
to three (3) consecutive shifts of paid time off for bereavement. In extreme circumstances, the
Police Chief may allow the employee to take additional time off in the form of accmed sick leave
or vacation or treated as leave without pay.
For the purpose of this section, the term "family member" shall be defined in the personnel rules
and regulations.
10.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death
of a family member must notify the employee's supervisor as soon as possible on the first day of
the absence. An employee who needs to be absent to attend a medical, dental, or optometry
appointment must have the absence approved in advance by the employee's supervisor.
10.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as
provided for in this article.
10.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers'
compensation, the pregnancy disability provisions of the Califomia Fair Employment and
Housing Act, the Califomia Family Rights Act, or the federal Family and Medical Leave Act, the
City may require the employee to provide a medical certificate supporting the need for the
absence.
10.7 Time off to take a physical examination for induction into or recall to active duty with the Armed
Forces will be handled in accordance with applicable state and federal law.
10.8 An employee making a blood donation without charge will be given reasonable time off for that
purpose. No charge will be made against the employee's sick leave or vacation when the absence
is approved in advance by the employee's supervisor.
10.9 During the first pay period of each fiscal year, any regular employee who has accmed and
maintains a minimum of one hundred (100) hours of sick leave will be permitted to convert up to
ninety-six (96) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours
of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to
convert sick leave to vacation if the conversion would cause the employee to exceed the vacation
accmal maximum specified in Article 24.
10.10 Any regular employee applying for retirement with the Public Employees' Retirement System
may convert accrued and unused sick leave to service time at the rate specified in Califomia
Govemment Code section 20965.
10.11 Nothing in this Article precludes the City from taking appropriate action in the event of abuse of
sick leave.
ARTICLE 11. ASSOCIATION RIGHTS
11.1 The City recognizes the right of the CPMA to govem its intemal affairs.
11.2 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 Govemment Code.
11.3 Upon the receipt of a written request and authorization from an employee for deduction of CPMA
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 CPMA. 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 CPMA, and all procedural matters shall be determined in
accordance with the Rules and Regulations of the City.
11.4 The CPMA shall provide and maintain with the City a current list of the names and all authorized
representatives of the CPMA. 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 contact location
removed from the work area of the employee.
11.5 The CPMA shall be allowed to designate employee representatives to assist employees in:
11.5.1 Preparing and presenting material for Disciplinary Appeals hearings;
11.5.2 Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of Califomia Govemment Code Sections
3300, et seq., known as the Public Safety Officers Procedure Bill of Rights
Act.
11.6 Designated employee representatives shall be allowed reasonable release time from regularly
scheduled duties to attend meet and confer sessions with the City.
11.7 Designated employee representatives requesting time off under this Article shall direct such
request to their immediate supervisors in writing within a reasonable time period to the date
requested, in order to assure that the Department meets its staffing needs and to assure sufficient
coverage of departmental assignments.
11.8 The City will fumish bulletin board space in the Police Department for the exclusive use ofthe
CPMA. Material placed on the bulletin boards shall be at the discretion of the CPMA and shall
be removed by management only in the event the material is obviously offensive to good taste or
defamatory, and shall be removed only on prior notification to a CPMA representative. The
CPMA shall be responsible for maintaining bulletin boards exclusively used by the CPMA in an
orderly condition and shall promptly remove outdated materials.
11.9 Use of Citv Facilities
11.9.1 The CPMA may, with the prior approval of the City Manager, be granted the
use ofthe City facilities for off-duty meetings of CPMA members, provided
space is available. All such requests will be in writing to the City Manager.
11.9.2 The use of City equipment other than items normally used in the conduct of
business meetings, such as desks, chairs and blackboards, is strictly
prohibited, the presence of such equipment in approved City facilities
notwithstanding.
ARTICLE 12. OVERTIME
12.1 Overtime Pay: Lieutenants shall be entitled to overtime compensation at the premium rate of one
and one-half (1-1/2) times the employee's regular rate of pay for all time worked, or regarded as
having been worked because the employee is on an approved paid leave, in excess of the
employee's regularly scheduled work day and/or in excess of eighty (80) hours per fourteen (14)
day work period.
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of "Pay Only
Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a
maximum accumulation of one hundred (100) hours of compensatory time off. When a
Lieutenant 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 Lieutenant's compensatory
time off bank is no longer at the maximum..
12.3 Comp. Time Exception: Special details where the City is reimbursed for employees'
compensation from an outside entity shall be for pay only. Lieutenants volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 13. CALL BACK
13.1 Only Lieutenants are eligible for Call Back Pay as described in this article.
13.2 Description: If an employee is required to retum to his or 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, subject to the following:
13.3 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or
firearms qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation.
13.4 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee
shall receive a minimum of four hours of appropriate overtime compensation.
13.5 Travel Time: Employees who are called back shall receive travel time to and from the call back
assignment. Travel time is included as part of the call back minimum compensation or the call
back overtime if the call back (travel time plus detail time) exceeds the approved minimum
guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other site
within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a
maximum of one hour.
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police
Department, travel time shall be the actual amount of time required to drive to the call
back site and retum to employee's residence.
13.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to
any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an
employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the
round trip distance between the directed site and the Carlsbad Police Department, whichever is
less.
13.7 Contiguous Time: 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.
ARTICLE 14. SENIORITY
14.1 The seniority of an employee is based on the number of calendar months of continuous service in
the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the
number of calendar months of continuous service in the Carlsbad Police Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall have
seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
14.2 If an employee voluntarily leaves the City's employ or is dismissed for cause, the employee will
lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead,
if an employee is reemployed, seniority will be based on the reemployment date. This section
does not apply to employees who successfully appeal a termination for cause and are ordered to
be reinstated to employment.
14.3 An employee laid off will, after reinstatement, regain the seniority credit the employee possessed
at the time of layoff, provided the reinstatement occurs within twenty-four (24) months of the
layoff.
14.4 A leave of absence in excess of thirty (30) continuous days will not count as continuous service
for the purpose of determining seniority.
ARTICLE 15. PEACEFUL PERFORMANCE OF CITY SERVICES
15.1 During the term of the Memorandum, the CPMA, 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.
15.2 During the term of the Memorandum, the City will not instigate a lockout over a dispute with the
employees.
15.3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employment for the purpose of inducing.
influencing or coercing a change in the conditions of compensation, or the rights, privileges or
obligations of employment.
ARTICLE 16. DISCIPLINE OF AN EMPLOYEE
16.1 The City may only discipline regular 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 Police Chief either orally or in writing, provided the employee requests the opportunity
within seven (7) calendar days of the notice of the action. The above process will occur prior to
the imposition of the discipline.
16.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall inform and
remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the City will attempt to develop a
permanent list of five (5) mutually acceptable hearing officers. If a mutually acceptable list
cannot be developed, the parties agree that the advisory hearing will be conducted before a
hearing officer selected by the parties from a list provided by the Califomia State Mediation and
Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a
strikeout procedure using a list of seven names provided by the Califomia State Mediation and
Conciliation Service. The appellant will have the prerogative of striking the first name.
The City will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attomey fees and preparation of documents.
16.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the
period of time, from two to four years that the discipline will remain in the affected employee's
personnel records, unless a longer period is required by law. At the end of the 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 the removed disciplinary action shall be in
a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
16.4 Nothing in this Memorandum 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 Hearing Officer, but shall be entitled to an opportunity to discuss the rejection
with the Police Chief.
16.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to
appeal to the Hearing Officer any disciplinary action.
16.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the
Human Resources Director, who shall, within ten (10) calendar days after receipt of the appeal.
inform the Hearing Officer of the action desired by the appellant and the reasons why. The
formality of a legal pleading is not required.
16.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing, unless the parties mutually agree to a later hearing date. The Human
Resources Director shall notify all interested parties of the date, time, and place of the hearing.
16.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the
Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attomey the appellant selects and may produce any relevant oral or
documentary evidence. The City shall bear the burden of proof; therefore, the City shall state its
case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of
witnesses shall be permitted. The conduct and decomm of the hearing shall be under the control
of the Hearing Officer, 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 will be closed unless at least four (4) business days prior to the hearing the
appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing
officer will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their case to the
City Council before the City Council renders a final decision.
16.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and
to the appellant. The City Council shall review the findings and recommendations of the Hearing
Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems
warranted, and the action taken shall be final. The Hearing Officer may submit a minority or
supplemental finding and recommendation. In the case of suspension, discharge or demotion, the
appointing power shall reinstate an employee to the employee's former status if the City Council
determines that the action was for discriminatory reasons.
ARTICLE 17. RETIREMENT BENEFITS
17.1 The City has contracted with CalPERS for the following retirement benefits:
• Safety Tier 1 (employees entering safety membership for the first time prior to October 4,
2010) - The retirement formula shall be 3% @ 50; single highest year final compensation.
• Safety Tier 2 (employees entering safety membership for the first time on or after October 4,
2010) - The retirement formula shall be 2% @ 50; three year average final compensation.
Employees who are "New Members" as defined by the Califomia Public Employees' Pension
Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a
CalPERS member or member of a reciprocal system or who has had a break in CalPERS service
of at least 6 months or more) will constitute a third tier and be subject to all the applicable
PEPRA provisions, which include but are not limited to the following retirement benefits:
• Safety Tier 3 - The retirement formula shall be 2.7% @ 57; three year average final
compensation.
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17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Intemal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Effective the first full pay period following Council approval of this MOU, Tier 1 and
Tier 2 safety employees shall pay all of the employee retirement contribution (9%).
• Tier 3 safety employees shall pay one half of the normal cost rate associated with the 3'^''
tier.
17.3 If the Employer Paid Member Contribution (EPMC) is greater than zero, the City shall report the
value of the EPMC as additional (special) compensation to CalPERS for all CPMA represented
employees designated as "classic CalPERS members".
ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
18.1 Employees represented by the CPMA will participate in a flexible benefits program that includes
medical insurance, dental insurance, vision insurance and flexible spending accounts (FSAs).
Each of these components is outlined below.
18.2 Medical Insurance: During the entire term of this agreement, represented employees will be
covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be
eligible to participate in the CalPERS Health Program. The Cify will pay on behalf of all
employees covered by this agreement and their eligible dependents and those retirees designated
in Section 18.6 of this Article, the minimum amount per month required under Govemment Code
Section 22892 of the PEMHCA for medical insurance through the Califomia Public Employees'
Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must
select one medical plan from the variety of medical plans offered.
Effective the first full payroll period after ratification of this MOU (prospective only), the City
shall contribute the following monthly amounts (called "Benefits Credits") on behalf of each
active employee and eligible dependents toward the payment of 1) medical premiums under the
CalPERS Health Program, 2) contributions in the name of the employee to the City's flexible
spending account(s), or 3) contributions of some or all of the premium for dental coverage or
vision coverage:
(a) For employees with "employee only" coverage, the City shall contribute five hundred
sixty-seven ($567) per month (increased from $541 per month) that shall include the
mandatory payments to CalPERS. If the actual total premiums exceed the City's total
contributions, the employee will pay the difference.
(b) For employees with "employee plus one dependent" coverage, the City shall contribute
one thousand eighty-two dollars ($1,082) per month (increased from $1,032 per month)
that shall include the mandatory payments to CalPERS. If the actual total premiums
exceed the City's total contributions, the employee will pay the difference.
(c) For employees with "employee plus two or more dependents" coverage, the City shall
contribute one thousand four hundred twenty-one dollars ($1,421) per month (increased
from $1,356 per month) that shall include the mandatory payments to CalPERS. If the
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actual total premiums exceed the City's total contributions, the employee will pay the
difference.
For the remainder of the 2013 calendar year, the increase in benefit credits outlined in this section
will be paid to the employee in cash and reported as taxable income.
As soon as administratively possible upon ratification of the MOU unused Benefits Credits as
outlined above will be paid to the employee in cash and reported as taxable income. If the
amount contributed by the City (Benefits Credits) exceeds the cost of the medical and dental
insurance purchased by the employee, the employee will have the option of using any "excess
credits" to purchase vision insurance or to contribute to a healthcare or dependent care flexible
spending account (FSA). During the open enrollment period that occurs in 2013 the employee
will also have the opportunity to use any "excess credits" to purchase accidental death and
dismemberment (AD&D) insurance. Open enrollment benefit elections are implemented the
following calendar year.
18.3 Dental Insurance
Employees will be eligible to enroll in a City-sponsored dental plan. Should an employee elect to
enroll for medical benefits, he/she must also enroll in dental coverage at the same coverage level
(employee only, employee plus one dependent, employee plus two or more dependents) as
medical insurance.
During the open enrollment period that occurs in 2013 the employee will have the option of
selecting any dental coverage level regardless of the employee's selected medical coverage.
Open enrollment benefit elections are implemented the following calendar year.
18.4 Vision Insurance
Employees will be eligible to enroll in a City-sponsored vision insurance plan. Employees may
elect to purchase vision insurance or opt out of the vision insurance program. If the decision is
made to purchase vision insurance, an employee may purchase vision insurance at any level of
coverage (employee only, employee plus one dependent, employee plus two or more dependents).
18.5 Opt Out Provision
Employees who do not wish to participate in the CalPERS Health Program will have the choice
of opting out of the City's medical insurance program, provided they can show that they are
covered under another insurance program.
Effective the first full pay period after ratification of this MOU (prospectively only), employees
who elect this provision will be given a reduced City contribution amount (Benefits Credits) of
three hundred eight ($308) per month (increased from $294 per month), to be used toward the
purchase of dental insurance, vision insurance, or as a contribution to a flexible spending account
(or, during the 2013 open enrollment period, toward the purchase of accidental death and
dismemberment (AD&D) insurance). The City contribution amount of three hundred eight
dollars ($308) per month will be granted to any employee who elects to opt out of the CalPERS
Health Program, regardless of the employee's level of coverage (employee only, employee plus
one dependent, employee plus two or more dependents). For the remainder of the 2013 calendar
year, the increase in benefit credits will be paid to the employee in cash and reported as taxable
income.
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As soon as administratively possible upon ratification of the MOU unused Benefits Credits as
outlined above will be paid to the employee in cash and reported as taxable income.
18.6 Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the Califomia Public
Employees' Retirement System (CalPERS) Health Program. Represented employees who retire
from the City, either service or disability and receive a retirement allowance from CalPERS, shall
be eligible to continue their enrollment in the CalPERS Health Program when they retire,
provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time
of separation from employment and their effective date of retirement is within 120 days of
separation. The City will contribute the minimum amount per month required under Govemment
Code Section 22892 ofthe PEMHCA toward the cost of each retiree's enrollment in the CalPERS
Health Program. Direct authorization may be established for automatic deduction of payments
for health insurance administered by CalPERS.
Employees who retire from the City, either service or disability, shall be eligible to continue to
participate in the City's dental and/or vision insurance programs. The cost of such dental and/or
vision insurance for the employee and eligible dependents shall be bome solely by the employee.
The City shall not charge the COBRA administrative cost to the retirees.
The retiree must make arrangements with the City to prepay his/her monthly premiums for dental
and/or vision insurance and must keep such payments current to ensure continued coverage.
ARTICLE 19. UNIFORM REIMBURSEMENT
Reimbursement to represented employees for the cost of purchasing and maintenance of required
uniforms shall be $26.92 per pay period.
ARTICLE 20. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of Investigations Lieutenant, Traffic
Lieutenant, and all Police Captains shall be assigned a designated vehicle and shall be entitled to use the
vehicle on each duty shift; provided, however, such assignment of a designated vehicle is expressly
conditioned on the availability of vehicles and does not extend to any Lieutenant/Captain assigned in
addition to the number assigned as of the date of this Memorandum.
ARTICLE 21. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability insurance.
The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, the insurance shall continue unchanged.
ARTICLE 22. LEAVE OF ABSENCE
22.1 Occupational Injuries or Illnesses
22.1.1 A swom employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for up to one year as provided in Section
4850 ofthe Labor Code ("4850 benefits"). The employee may not receive 4850
benefits concurrently with sick leave or any other form of paid time off.
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If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability payments (or,
if appropriate, vocational rehabilitation maintenance allowance payments) as
provided in the Labor Code. To the extent these benefits are less than the
employee's fiill regular pay, the employee shall supplement them by using
accmed sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
22.2 Non-Occupational Injuries or Illnesses
22.2.1 An employee who is temporarily unable to work due to a non-occupational
illness or injury will receive those disability benefit payments for which the
employee is eligible and applies. To the extent that these benefits are less than
the employee's full regular pay, the employee shall supplement them by using
accmed sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's fiill regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
22.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same
manner as leaves of absence for non-occupational illnesses or injuries, subject to
the pregnancy disability provisions of the Califomia Fair Employment and
Housing Act.
22.3 Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant
to the recommendation of the Police Chief and the approval of the City
Manager.
B. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms
prescribed by the City Manager and shall state specifically the reason for
the request, the date when the leave is desired to begin, the probable date
of retum, and the agreement to reimburse the City for any benefit
premiums paid by the City during the leave of absence. The request shall
normally be initiated by the employee, but may be initiated by the Police
Chief, and, upon written recommendation of the Police Chief that it be
granted, modified or denied, shall be promptly transmitted to the City
Manager. A copy of any approved request for leave of absence without
pay shall be delivered promptly to the Directors of Finance and Human
Resources.
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C. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed
six months, unless otherwise approved by the City Manager. The
procedure for granting extensions shall be the same as that in granting
the original leave provided that the request for extension is made no later
than fourteen (14) calendar days prior to the expiration of the original
leave.
D. Retum From Leave
When an employee intends to retum from an authorized leave of absence
without pay either before or upon the expiration of such leave, he/she
shall contact the Police Chief at least fourteen (14) calendar days prior to
the day he/she plans to retum. The Police Chief shall promptly notify the
City Manager of the employee's intention. The employee shall retum at
a rate of pay not less than the rate at the time the leave of absence began.
E. Effect of Leave Without Pay
An employee shall utilize all his/her vacation, and/or sick leave (if
applicable) prior to taking an authorized leave of absence without pay.
A prorata reduction of normal annual vacation and sick leave accmals
shall be applicable to an approved absence without pay. Any absence
without pay constitutes a break of continuous service with the City. The
granting of any leave without pay exceeding two full scheduled pay
periods shall cause the employee's calculation of full-time continuous
service to be extended by the number of calendar days for which such
leave has been granted less the first two full pay periods of such leave.
An employee's accumulation of sick leave and vacation leave will cease
after the completion of two (2) full scheduled pay periods in which the
employee has not received compensation due to a leave of absence
without pay. Accmal will be reinstituted beginning the first day of the
first full pay period after the employee has retumed to work.
F. Leave Without Pay - Insurance Payments
An employee on leave without pay may continue his/her City insurance
benefits by reimbursing the City for the costs of insurance on a monthly
basis during the period of the leave. Failure to reimburse the City for
such benefits during the term of a leave of absence will result in the
employee's coverage terminating on the first day following the month in
which the last payment was received.
22.4 To the extent permitted by law, a leave of absence under this article will mn concurrently with
any leave of absence an employee is entitled to receive under the Califomia Family Rights Act or
the federal Family and Medical Leave Act.
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22.5 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
Police Captains are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29
CFR Section 541.5d, the City can make deductions from salary or leave accounts for partial day
absences for personal reasons or sickness because the City has a policy and practice of requiring
its employees to be accountable to the public that they have eamed their salaries. A partial day
absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation
29 CFR Section 541.118 (a)(2) and (a)(3), the City may make salary or leave reductions based
upon full day absences. Partial day or full day absences shall be first charged against the exempt
employee's vacation, sick, or executive leave account. In the event the exempt employee does not
have sufficient time in his/her leave account to cover the absence, deductions without pay will be
made on full days only.
22.6 Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on
jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
ARTICLE 23. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the standards
and procedures contained in Califomia Govemment Code sections 20000 et seq.
ARTICLE 24. VACATION
24.1 All members of this bargaining unit shall be entitled to accme vacation on a daily basis according
to the number of continuous full years of employment based on the following vacation accrual
schedule:
Beginning with the first (P') working day through the completion of five (5) full calendar
years of continuous service - 13 minutes/day
Beginning the sixth (6'*^) year of continuous employment through the completion of ten (10)
full calendar years of continuous service - 20 minutes/day
Beginning the eleventh (11*) year of continuous employment through the completion of
eleven (11) full calendar years of continuous service - 21 minutes/day
Beginning the twelfth (12*) year of continuous employment through the completion of
twelve (12) full calendar years of continuous service - 22 minutes/day
Beginning the thirteenth (13*) year of continuous employment through the completion of
thirteen (13) full calendar years of continuous service - 24 minutes/day
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Beginning the fourteenth (14*) year of continuous employment through the completion of
fifteen (15) full calendar years of continuous service - 25 minutes/day
Beginning the sixteenth (16*) year of continuous employment, vacation time shall be
accmed, and remain at a rate of 26 minutes/day for every full calendar year of continuous
employment thereafter.
Management employees with comparable service in local govemment agencies may be
granted credit for such service for the purpose of computing vacation at the discretion of
the City Manager.
24.2 Vacation Accrual Maximum
No employee will be allowed to accrue vacation hours in excess of the three hundred and twenty
(320) hour maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably
deny requests for vacation time off. If there are unusual circumstances that would require an
employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the
Police Chief and the City Manager. The Police Chief and the City Manager may grant such a
request if it is in the best interest of the City. Requests will be handled on a case-by-case basis
and will be considered only in extreme circumstances.
24.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to eighty (80) hours of
accmed vacation to cash, provided they have used at least eighty (80) hours of vacation during
the pay periods that fall within the prior calendar year.
24.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
retuming to work during vacation leave will be compensated as follows:
(a) Court - -For Lieutenants only, mandated court appearances during the time of an
employee's paid vacation leave from City service will be compensated at time and one half
the employee's regular rate of pay, with a minimum of four (4) hours.
(b) Duty Time - Employees retuming to their regularly scheduled work time while on vacation
leave shall be paid their applicable regular rate of pay and not be charged the corresponding
vacation time.
(c) Non-Duty Time - Lieutenants retuming to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid at time and one half the
employee's regular rate of pay.
(d) Recall - This clause shall not limit the City's right to recall an employee from vacation in
the event of an emergency.
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24.5 Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon
determination by the Police Chief that such absence will not materially affect the department.
Each employee must consider the needs of the service when requesting annual vacation leave.
An employee shall normally provide forty-eight (48) hour notice in advance of the day(s) he/she
is requesting vacation time off. When a family emergency arises which necessitates the use of
vacation time, an employee shall provide as much advance notice as possible considering the
particular circumstances.
24.6 Terminal Vacation Pay
An employee with regular status separating from the City service who has accmed vacation leave
shall be entitled to terminal pay in lieu of such vacation. No leave credit will be eamed on
terminal leave payments. When separation is caused by death of an employee, payment shall be
made to the estate of such employee or, in applicable cases, as provided in the Probate Code of
the State.
ARTICLE 25. HOLIDAYS
25.1 The City agrees to observe twelve (12) scheduled paid holidays plus, through June 30, 2013, one
(1) paid floating holiday per year. Any floating holiday is to be taken at the discretion of the
employee with the prior approval of the employee's immediate supervisor. The holiday schedule
shall not interfere with, influence, or otherwise change the scheduling of shift employees by the
department.
As of July 1, 2013, the floating holiday shall be eliminated for all CPMA employees.
25.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
Lincoln's Birthday (Monday before President's Day)
Washington's Birthday (Use President's Day)
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
One (1) Floating Holiday (eliminated on July 1, 2013)
25.3 Lieutenants who work a 5/8 schedule will be paid eight (8) hours of straight time for each
holiday. Lieutenants who work a 9/80 schedule will be paid nine (9) hours of straight time for
each holiday. Lieutenants who work a 4/10 schedule will be paid ten (10) hours of straight time
for each holiday. Lieutenants who work a 3/12 schedule will be paid twelve (12) hours of straight
time for each holiday.
25.4 Lieutenants will be compensated in cash or compensatory time off (CTO) for holidays in the pay
period in which they occur. Lieutenants scheduled to work on a holiday who desire the day off
will utilize vacation or CTO.
For purposes of this section, a shift trade will be considered part of an employee's regularly
scheduled work shift.
ARTICLE 26. 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 Dmg 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 (Govemment 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. Employee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation,
possession or use of alcohol or dmgs nor be under the influence of
alcohol or drugs in the workplace or while on-call;
b. submit to an alcohol and dmg 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
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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.
Employees are required to notify their supervisors when taking any medication or
drugs, prescription or non-prescription (over-the-counter medications), which
interfere with safe or effective performance of their duties or operation of City
equipment.
Off-duty involvement with any controlled substance including, but not limited to
manufacture, distribution, dispensing, possession, use or any conviction under a
criminal drug statute whose scope and employment are relevant to City
employment may result in disciplinary action up to and including termination if
there is relevant nexus between such off-duty involvement and the employee's
employment with the City, consistent with the legal requirements for disciplinary
due process.
C. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Upon receiving a conditional 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 dmgs or alcohol will be rejected
for City employment.
B. Employee Dmg and Alcohol Analysis
1. If a manager or supervisor of the City has reasonable suspicion that an
employee is under the influence of dmgs or alcohol while in the workplace or
subject to duty, the employee shall be:
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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 defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more than
one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability;
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 dmgs;
g. 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 dmgs.
3. Refusal to remain on the premises or to submit to a dmg 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 dmg and alcohol analysis may test for the presence of any dmg 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 dmg test
sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed necessary by
the City.
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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 dmg problem
can call the EAP office and arrange for an appointment with a counselor.
B. Employees who are concemed 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.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of any
City policy.
ARTICLE 27. EMPLOYER SEARCHES
For the purpose of enforcing City or Department policies, directives, and work rules, the City reserves the
right to search, with or without prior notice to the employee, all work areas and property in which the City
maintains full or joint control with the employee, including, without limitation. City vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property 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 and property under full or joint City control since such work areas may
be subject to investigation or search under this article.
Employer searches may occur when there is a reasonable suspicion that the employee has violated a City
or Department policy, directive, or work rule and that the area or property to be searched may contain
evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal
authority to conduct them. Searches will not normally occur without the concurrence of more than one
supervisor.
If the Public Safety Officers Procedural Bill of Rights Act (Govemment Code sections 3300 et seq.) is
applicable to a particular search, then the City will comply with the Act notwithstanding anything to the
contrary in this article.
Nothing in this article will prevent the City from taking appropriate action if there is inadvertent
discovery of evidence of a policy, directive, or work mle violation.
ARTICLE 28. PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM
All CPMA members shall continue to use the same performance review cycle, forms and eligibility rules
regarding base pay increases outlined in Administrative Order No. 66 (Performance Management and
Compensation System for Management Employees). However, the City and CPMA will negotiate the
funding amount and effective date of implementation of a base pay matrix to be applied to CPMA
employees. Appendix A depicts the salary ranges for CPMA classifications. Human Resources will
continue the practice of periodically reviewing market data and recommending movement of the CPMA
salary ranges to Council. This will continue to not be subject to negotiations.
22
The City will apply a 3% base pay matrix to be used to determine base pay increases for eligible CPMA
members effective 7/1/2013.
The City and CPMA agree to a reopener during the term of this MOU to discuss moving CPMA to a new
pay for performance system (new performance review cycle, forms and eligibility rules).
Upon initial entry into a CPMA classification, an employee's base salary shall be set equal to the base
salary of the lowest paid employee in that same classification.
Effective the first full pay period following City Council approval of this MOU, the base salary of the
lowest paid Lieutenant will be increased to equal the base salary of the majority ofthe current
Lieutenants.
ARTICLE 29. EXECUTIVE LEAVE
Police Captains shall receive fifty-six (56) hours per fiscal year for executive leave. The fifty-six (56)
hours will be credited at the beginning of each fiscal year to individual leave balances. This leave must
be used within the same fiscal year.
The City Manager is authorized to provide ten (10) additional hours of executive leave per year to any
management employee who is required to work extended hours due to emergencies such as fires, storms,
floods, or other emergencies.
ARTICLE 30. LIFE INSURANCE AND VOLUNTARY BENEFITS
All unit members shall receive City paid life insurance in an amount equal to two times the basic yearly
eamings. To determine beneflts, the amount of insurance is rounded to the next higher $1,000 multiple,
unless the amount equals a $1,000 multiple.
The City provides various voluntary benefits available at the employee's cost. Employees may select
among various levels of coverage. For information regarding these benefits, contact the Human
Resources Department at 760-602-2440.
ARTICLE 31. SEPARATION COMPENSATION
All employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting
out of service or for other reasons not due to misconduct which would justify involuntary separation shall
receive one month's salary computed at the employee's actual salary at the time of separation.
ARTICLE 32. ANNUAL PHYSICAL EXAMINATION AND/OR PHYSICAL FITNESS TESTING
All employees shall be eligible for reimbursement of up to the amount of four hundred fifty dollars ($450)
during each fiscal year to pay the cost of an employee's annual physical examination and/or physical
fitness testing.
The annual physical examination may be completed by a physician of the employee's choice. Each
employee claiming reimbursement shall be required to submit original receipts to the Human Resources
Department in lieu of submitting them to the insurance company for payment.
The annual physical examination offered to unit members provides physical fitness testing and
information regarding lifestyle changes that promote optimum health. Program components include, but
23
are not limited to: Computerized Heart Risk Profile, Complete Blood Profile, Nutritional Assessment,
Diet Program, Body Measurements, Lung Assessment, Consultations, etc.
ARTICLE 33. DEFERRED COMPENSATION
The City shall provide deferred compensation plan(s) which may be utilized by any employee. The City
reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of
any plan.
The City and the CPMA agree to work with the City's deferred compensation provider (currently ICMA
Retirement Corporation) to implement a personal loan provision for represented employees as soon as
administratively possible. It is acknowledged that the City will assist in the administrative set-up of this
benefit but that the City has no liability if an employee should default on the repayment of such a loan.
24
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
W^//3
JOHN COATES, City Manager Date
APPROVED AS TO FORM:
ELIA BREWER^-eity Attomey Date
CARLSBAD POLICE MANAGEMENT ASSOCIATION
WILLIAM ROWLAND, President Date
12/13/11 25
Attachment A
CPMA Salary Schedule
Effective 12/1/2012
JOB TITLE MES[IMUM MARKET RANGE
Police Captain $ 113,500 $130,000 - $ 162,300
Police Lieutenant $ 92,900 $106,800 - $ 134,700
26
Exhibit 3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
Term: December-1^1.2044-2012 - Juno 30, 2012December 31, 2013
TABLE OF CONTENTS
Preamble Page 2
Article 1 Implementation Page 2
Article 2 Term and Renegotiation Page 2
Article 3 Authorized Agents Page 2
Article 4 Recognition Page 2
Article 5 Savings Clause Page 3
Article 6 Nondiscrimination Clause Page 3
Article 7 Management Rights Page 3
Article 8 Basic Work Week/Work Day Page 3
Article 9 Court and Hearings Page 3
Article 10 Sick Leave/Bereavement Leave Page 4
Article 11 Association Rights Page 6
Article 12 Overtime Page 7
Article 13 Call Back Page 7
Article 14 Seniority Page 8
Article 15 Peaceful Performance of City Services Page 8
Article 16 Discipline of an Employee Page 9
Article 17 Retirement Benefits Page 10
Article 18 Flexible Benefits Program Page 11
Article 19 Uniform Reimbursement Page 13
Article 20 Vehicles for Investigations Page 13
Article 21 Long Term Disability Page 13
Article 22 Leave of Absence Page 13
Article 23 Disability Retirement Page 16
Article 24 Vacation Page 16
Article 25 Holidays Page 18
Article 26 Alcohol and Drug Policy Page 18
Article 27 Employer Searches Page 21
Article 28 Performance Management and Compensation System Page 22
Article 29 Executive Leave Page 22
Article 30 Life Insurance and Voluntarv Benefits Page 23
Article 31 Separation Compensation Page 23
Article 32 Annual Physical Examination/Physical Fitness Testing Page 23
—Pa^ie— 23 /VFllCic / VvviUClHui i.j/curu uiiti i^ianiciiiuci iiicui Article ^33 Deferred Compensation Page 23
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by
the City Council ofthe City of Carlsbad, by and between designated management representatives ofthe
City of Carlsbad (hereinafter referred to as the "City") and the designated representatives of the Carlsbad
Police Management Association (hereinafter referred to as "CPMA").
PREAMBLE
It is the purpose ofthe Memorandum of Understanding (hereinafter referred to as "Memorandum") to
promote and provide for harmonious relations, cooperation and understanding between the City and the
local safety police management 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 ofthe Memorandum by the membership of CPMA. It is agreed that the City will
act in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures
and those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on Docombcr 13. 2011 December L 2012, and
shall continue until .lune 30, 2012December 31, 2013.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in
approximately March 2012October 2013.
ARTICLE 3. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
3.1 City's principal authorized agent shall be the City Manager or a duly authorized representative
[Address: 1200 Carlsbad Village Drive, Carlsbad, Califomia 92008; Telephone: (760) 434-
2821] except where a particular representative is specifically designated in connection with the
performance of a specific function or obligation set forth herein.
3.2 CPMA's principal authorized agent shall be its President or duly authorized representative
[Address: 2560 Orion Way, Carlsbad, CA, 92010] and the Califomia Organization of Police and
Sheriffs [Address: 1920 S. Archibald Ave., Unit L, Ontario, Califomia 91761; Telephone: (909)
923-6801].
ARTICLE 4. RECOGNITION
The City recognizes CPMA as the majority representation of the bargaining unit that includes the
classifications of Police Captain and Police Lieutenant.
•1 J
ARTICLE 5. SAVINGS CLAUSE
If any articles of this Memorandum 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 shall remain in full force and effect for the duration of this Memorandum.
ARTICLE 6. NONDISCRIMINATION CLAUSE
Neither City nor CPMA 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 CPMA
activity or because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 7. MANAGEMENT RIGHTS
The rights ofthe City include, but are not limited to, the exclusive right: to determine the mission of its
major service areas, departments, commissions, and boards; to set standards of service; to determine
procedures and standards of selection for employment and promotion; to direct its employees; to 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 work groups; to maintain the efficiency of
City operations; to determine the methods, means and personnel by which City operations are to be
conducted; to determine the contents of job classifications; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion over its organization and the
technology for performing its work.
Nothing in this Memorandum shall require the City to meet and confer over the exercise of its
management rights, however, in so doing; the City shall comply with all applicable provisions of this
Memorandum.
ARTICLE 8. BASIC WORK WEEK/WORK DAY
8.1 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
8.2 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for
swom employees begins on Sunday at 00:01 hours and ends 14 days later at 23:59 hours.
Overtime shall be compensated in the manner prescribed by Article 12 of this Memorandum.
8.3 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work
three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour
shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours
worked in the pay period.
8.4 Members of this bargaining unit will be given two (2) fifteen-minute rest periods and one (1)
half-hour lunch break each workday without loss of pay.
CPMA members currently on a 3/12 schedule shall work a 4/10 schedule once the 4/10 schedule
is implemented for CPOA membership. As part ofthe July 2013 shift change the 3/12 sehe^ule
will not be utilized. Instead, employees will be assigned to one of the other currently available
work schedules (4/10. 9/80 or 5/8). This may apply to sworn and non sworn omplovee?:h
This change in work schedule will be implemented on a trial basis for a six month period. At the
end ofthe six-month period the City can elect to revert to the previous 3/12 work schedule^tfthe
€it\ does not revert to the prior 3/12 work schedule, tho 3/12 work schedule shall be eliminatedv
ARTICLE 9. COURT AND HEARINGS
9.1 Compensation: Off duty Lieutenants who appear in court or at a hearing 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 Lieutenant's regular rate of
pay.
9.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the Lieutenant's regularly scheduled
work shift. In that situation, the Lieutenant shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two (2) hours prior to the commencement of
the employee's work shift will receive two (2) hours compensation at the overtime pay rate.
Any subpoena received with an appearance time of one (1) hour prior to the commencement of
the employee's work shift will receive one (1) hour compensation at the overtime pay rate.
Lieutenants who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
minimums.
9.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held
over during the normal lunch break for fiirther appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
9.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when
the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the
court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for
mileage expenses to and from the court or hearing location, or the round trip distance between the
court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall
be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad
titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this
policy.
9.5 Phone Testimony: When off duty Lieutenants provide court or hearing testimony via telephone,
the employee shall be compensated for the actual time of the telephone testimony or a minimum
of one (1) hour, whichever is greater, at time and one-half the employee's regular rate of pay.
9.6 District Attomey Conversation: When off duty Lieutenants receive calls from District Attomey
personnel regarding criminal cases, employees will receive no compensation for conversations
lasting less than 10 minutes. Lieutenants will receive compensation at time and one-half the
employee's rate of pay for the actual time of the conversation or a minimum of one (1) hour.
whichever is greater, for conversations lasting 10 minutes or longer. Lieutenants receiving
multiple calls within the same one hour period shall only receive one hour compensation.
ARTICLE 10. SICK LEAVE/BEREAVEMENT LEAVE
10.1 Every employee will accme sick leave at the rate of 16 minutes per calendar day. Sick leave mav
be used in 15 minute increments.
10.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out
when an employee's employment with the City ends.
10.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal
injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the
employee's own or a family member's medical, dental, or optometry appointments.
In addition, in the event of the death of an employee's family member, the employee may take up
to three (3) consecutive shifts of paid time off for bereavement. In extreme circumstances, the
Police Chief may allow the employee to take additional time off in the form of accmed sick leave
or vacation or treated as leave without pay.
For the purpose of this section, the term "family member" shall be defined as: spouse, child,
sibling, parent, grandchild grandparent or registered domestic partner: the afoiemontionod either
natural, step, legally adopted, or in law or any person over which the employee acts as legal
guardian, it also includes a verifiable cunent member ofthe immediate household as the
employeein the personnel rules and regulations.
10.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death
of a family member must notify the employee's supervisor as soon as possible on the first day of
the absence. An employee who needs to be absent to attend a medical, dental, or optometry
appointment must have the absence approved in advance by the employee's supervisor.
10.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as
provided for in this article.
10.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers'
compensation, the pregnancy disability provisions of the Califomia Fair Employment and
Housing Act, the Califomia Family Rights Act, or the federal Family and Medical Leave Act, the
City may require the employee to provide a medical certificate supporting the need for the
absence.
10.7 Time off to take a physical examination for induction into or recall to active duty with the Armed
Forces will be handled in accordance with applicable state and federal law.
10.8 An employee making a blood donation without charge will be given reasonable time off for that
purpose. No charge will be made against the employee's sick leave or vacation when the absence
is approved in advance by the employee's supervisor.
10.9 During the first pay period of each fiscal year, any regular employee who has accmed and
maintains a minimum of one hundred (100) hours of sick leave will be permitted to convert up to
ninety-six (96) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours
of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to
9 '
convert sick leave to vacation if the conversion would cause the employee to exceed the vacation
accmal maximum specified in Article 24.
10.10 Any regular employee applying for retirement with the Public Employees' Retirement System
may convert accmed and unused sick leave to service time at the rate specified in Califomia
Govemment Code section 20965.
10 11 Nothing in this Article precludes the City from taking appropriate action in the event of abuse of
sick leave.
ARTICLE 11. ASSOCIATION RIGHTS
11.1 The City recognizes the right of the CPMA to govem its intemal affairs.
11.2 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 Govemment Code.
11.3 Upon the receipt of a written request and authorization from an employee for deduction of CPMA
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 CPMA. 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 CPMA, and all procedural matters shall be determined in
accordance with the Rules and Regulations ofthe City.
11.4 The CPMA shall provide and maintain with the City a current list of the names and all authorized
representatives of the CPMA. 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 contact location
removed from the work area of the employee.
11.5 The CPMA shall be allowed to designate employee representatives to assist employees in:
11.5.1 Preparing and presenting material for Disciplinary Appeals hearings;
11.5.2 Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of Califomia Govemment Code Sections
3300, et seq., known as the Public Safety Officers Procedure Bill of Rights
Act.
11.6 Designated employee representatives shall be allowed reasonable release time from regularly
scheduled duties to attend meet and confer sessions with the City.
11.7 Designated employee representatives requesting time off under this Article shall direct such
request to their immediate supervisors in writing within a reasonable time period to the date
requested, in order to assure that the Department meets its staffing needs and to assure sufficient
coverage of departmental assignments.
i
11.8 The City will fumish bulletin board space in the Police Department for the exclusive use of the
CPMA. Material placed on the bulletin boards shall be at the discretion of the CPMA and shall
be removed by management only in the event the material is obviously offensive to good taste or
defamatory, and shall be removed only on prior notification to a CPMA representative. The
CPMA shall be responsible for maintaining bulletin boards exclusively used by the CPMA in an
orderly condition and shall promptly remove outdated materials.
11.9 Use of City Facilities
11.9.1
11.9.2
The CPMA may, with the prior approval of the City Manager, be granted the
use of the City facilities for off-duty meetings of CPMA members, provided
space is available. All such requests will be in writing to the City Manager.
The use of City equipment other than items normally used in the conduct of
business meetings, such as desks, chairs and blackboards, is strictly
prohibited, the presence of such equipment in approved City facilities
notwithstanding.
ARTICLE 12. OVERTIME
12.1 Overtime Pay: Lieutenants shall be entitled to overtime compensation at the premium rate of one
and one-half (1-1/2) times the employee's regular rate of pay for all time worked, or regarded as
having been worked because the employee is on an approved paid leave, in excess ofthe
employee's regularly scheduled work day and/or in excess of eighty (80) hours per fourteen (14)
day work period.
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of "Pay Only
Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a
maximum accumulation of one hundred (100) hours of compensatory time off. When a
Lieutenant 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 Lieutenant's compensatory
time off bank is no longer at the maximum..
12.3 Comp. Time Exception: Special details where the City is reimbursed for employees'
compensation from an outside entity shall be for pay only. Lieutenants volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 13. CALL BACK
13.1 Only Lieutenants are eligible for Call Back Pay as described in this article.
13.2 Description: If an employee is required to retum to his or 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, subject to the following:
13.3 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or
firearms qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation.
13.4 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee
shall receive a minimum of four hours of appropriate overtime compensation.
13.5 Travel Time: Employees who are called back shall receive travel time to and from the call back
assignment. Travel time is included as part of the call back minimum compensation or the call
back overtime if the call back (travel time plus detail time) exceeds the approved minimum
guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other site
within a 20 mile radius ofthe Cartsbad Police Departtnent, the travel time is capped at a
maximum of one hour.
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police
Department, travel time shall be the actual amount of time required to drive to the call
back site and retum to employee's residence.
13.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to
any site within a 20 mile radius of the Cartsbad Police Department will not be compensated. If an
employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the
round trip distance between the directed site and the Cartsbad Police Department, whichever is
less.
13.7 Contiguous Time: 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.
ARTICLE 14. SENIORITY
14.1 The seniority of an employee is based on the number of calendar months of continuous service in
the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the
number of calendar months of continuous service in the Cartsbad Police Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall have
seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
14.2 If an employee voluntarily leaves the City's employ or is dismissed for cause, the employee will
lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead,
if an employee is reemployed, seniority will be based on the reemployment date. This section
does not apply to employees who successfully appeal a termination for cause and are ordered to
be reinstated to employment.
14.3 An employee laid off will, after reinstatement, regain the seniority credit the employee possessed
at the time of layoff, provided the reinstatement occurs within twenty-four (24) months ofthe
layoff.
14.4 A leave of absence in excess of thirty (30) continuous days will not count as continuous service
for the purpose of determining seniority.
ARTICLE 15. PEACEFUL PERFORMANCE OF CITY SERVICES
15.1 During the term of the Memorandum, the CPMA, 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 Carisbad.
15.2 During the term of the Memorandum, the City will not instigate a lockout over a dispute with the
employees.
15.3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employment for the purpose of inducing,
influencing or coercing a change in the conditions of compensation, or the rights, privileges or
obligations of employment.
ARTICLE 16. DISCIPLINE OF AN EMPLOYEE
16.1 The City may only discipline regular 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 Police Chief either orally or in writing, provided the employee requests the opportunity
within seven (7) calendar days of the notice of the action. The above process will occur prior to
the imposition of the discipline.
16.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall inform and
remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the City will attempt to develop a
permanent list of five (5) mutually acceptable hearing officers. If a mutually acceptable list
cannot be developed, the parties agree that the advisory hearing will be conducted before a
hearing officer selected by the parties from a list provided by the Califomia State Mediation and
Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a
strikeout procedure using a list of seven names provided by the Califomia State Mediation and
Conciliation Service. The appellant will have the prerogative of striking the first name.
The City will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attomey fees and preparation of documents.
16.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the
period of time, from two to four years that the discipline will remain in the affected employee's
personnel records, unless a longer period is required by law. At the end of the 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 the removed disciplinary action shall be in
a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
16.4 Nothing in this Memorandum 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 Hearing Officer, but shall be entitled to an opportunity to discuss the rejection
with the Police Chief.
16.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to
appeal to the Hearing Officer any disciplinary action.
16.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the
Human Resources Director, who shall, within ten (10) calendar days after receipt ofthe appeal,
inform the Hearing Officer ofthe action desired by the appellant and the reasons why. The
formality of a legal pleading is not required.
16.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing, unless the parties mutually agree to a later hearing date. The Human
Resources Director shall notify all interested parties of the date, time, and place ofthe hearing.
16.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the
Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attomey the appellant selects and may produce any relevant oral or
documentary evidence. The City shall bear the burden of proof; therefore, the City shall state its
case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of
witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control
ofthe Hearing Officer, with due regard to the rights and privileges of the parties appearing before
it. Hearings need not be conducted according to technical mles relating to evidence and
witnesses. Hearings will be closed unless at least four (4) business days prior to the hearing the
appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing
officer will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their case to the
City Council before the City Council renders a final decision.
16.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion ofthe hearing, certify his/her findings and decisions in writing to the City Council and
to the appellant. The City Council shall review the findings and recommendations ofthe Hearing
Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems
warranted, and the action taken shall be final. The Hearing Officer may submit a minority or
supplemental finding and recommendation. In the case of suspension, discharge or demotion, the
appointing power shall reinstate an employee to the employee's former status if the City Council
determines that the action was for discriminatory reasons.
ARTICLE 17. RETIREMENT BENEFITS
17.1 The City has conMgtg.d...w the following retirement benefits:
• Safety Tier 1(employees entering safety membership for the first tlnie mQllo Q^^
The retirement formula shall be 3% (a), 50: single highest year final compensation.
• Safety Tier 2 (employees entering safety membership for the first time on or after October 4.
2010) - The retirement fomuila shall be 2% (g! 50; three year average final compenMlQIL
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Employees who are "New Members" as defined bv the Califomia Public Employees' Pension Reform Act
of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member
or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or
more) will constitute a third tier and be subject to all the applicable PEPRA provisions, which include but
are not limited to the following retirement benefits:
• Safety Tier 3 — The retirement formula shall be 2.7% (a), 57; three year average final
compensation.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing provisions of
section 414(h)(2) ofthe Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll deductions:
• Effective the first full pay period following Council approval of this MOU, Tier 1 and Tier 2
safety employees shall pay all ofthe employee retirement contribution (9%).
• Tier 3 safety' employees shall pay one half of the nomial cost rate associated with the 3'"^ tier.
-1-7T4 The City agrees to continue to pay the employer's contribution rate required by the Califomia
Public Employees' Retirement System (CalPERS) to maintain the level of benefits for employees
covered by this Memorandum.
4^?^T3 The City will contract with CalPERS to provide the "3"/o @ 50" rotiromont benefit for all sworn
CPMA represented safety employees except those who are eligible for the 2"^ tier retirement
benefit described in Article 17.5.
EfTective December 26. 2011, the City will pay on behalf of all sworn CPMA represented safety
employees three and one half percent (3.5%) of the employee's retirement contribution rate to
CalPERS. All CPMA-represented employees will mako employee contributions of five and one
half perent (5.5%) through payroll deductions. The five and one half percent (5.5%) employee
contribution will be deducted from each employee's salary on a pre tax basis by implementing
provisions of Section 414(h)(2) ofthe Internal Revenue Code (IRC).
17.43 If the Employer Paid Member Contribution ( EPMC) is greater than zero, Tlte-the City shall report
the value of the Employer Paid Mombor Contributions (EPMC^ as additional (special)
compensation to CalPERS for all CPMA represented employees designated as ''classic CalPERS
members".
Effective October 4. 2010, the City amended its contract with CalPERS to provide a 2"'^4ier
retirement benefit to all sworn CPMA represented safet\ employees hired on or after the effective
date ofthe CalPERS contract amendment. This 2*^ tier includes the "2% @ 50'' retirement
benefit and the 3 year Final Average Earnings (FAE) for final compensation calculations.
Per an amendment to the Charter ofthe City of Carlsbad in the November 2010 election, safety
employees entering membership for the first time in a City of Carlsbad police safety classification
on or after October 4, 2010 are prohibited from having their retiromont benefit formula
(commonly known as the IVa @ 50 years of age formula) increased without the approval ofthe
electorate. The City Council may reduce this formula as provided in state law without such an
amendment.
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ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
18.1 Employees represented by the CPMA will participate in a flexible benefits program that includes
medical insurance, dental insurance, vision insurance and flexible spending accounts (FSAs).
Each of these components is outlined below.
18.2 Medical Insurance: During the entire term of this agreement, represented employees will be
covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be
eligible to participate in the CalPERS Health Program. The City will pay on behalf of all
employees covered by this agreement and their eligible dependents and those retirees designated
in Section 18.6 of this Article, the minimum amount per month required under Govemment Code
Section 22892 ofthe PEMHCA for medical insurance through the Califomia Public Employees'
Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must
select one medical plan from the variety of medical plans offered.
Effective the first full payroll period of calendar year 2012after ratification of this MOU
(prospective only), the City shall contribute the following monthly amounts (called "Benefits
Credits") on behalf of each active employee and eligible dependents toward the payment of 1)
medical premiums under the CalPERS Health Program, 2) contributions in the name ofthe
employee to the City's flexible spending account(s), or 3) contributions of some or all ofthe
premium for dental coverage or vision coverage:
(a) For employees with "employee only" coverage, the City shall contribute five hundred
forty-one sixty-seven ($#44567) per month (increased from $541 per month) that shall
include the mandatory payments to CalPERS. If the actual total premiums exceed the
City's total contributions, the employee will pay the difference.
(b) For employees with "employee plus one dependent" coverage, the City shall contribute
one thousand thirty two eighty-two dollars ($T0^1.082) per month (increased from
$1.032 per month) that shall include the mandatory payments to CalPERS. If the actual
total premiums exceed the City's total contributions, the employee will pay the
difference.
(c) For employees with "employee plus two or more dependents" coverage, the City shall
contribute one thousand tttfee-four hundred fifty six twenty-one dollars ($1,356 L42..1) per
month (increased from $1.356 per month) that shall include the mandatory payments to
CalPERS. If the actual total premiums exceed the City's total contt-ibutions, the
employee will pay the difference.
For the remainder ofthe 2013 calendar year, the increase in benefit credits outlined in this section
will be paid to the employee in cash and reported as taxable income.
As soon as administratively possible upon ratification ofthe MOU Under no circumstances will
any-unused Benefits Credits as outlined above will be paid to the employee in cash and reported
as taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of
the medical and dental insurance purchased by the employee, the employee will have the option
of using any "excess credits" to purchase vision insurance or to contribute to a healthcare or
dependent care flexible spending account (FSA). During the open enrollment period that occurs
in 2013 the employee will also have the opportunity to use any ''excess credits" to purchase
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accidental death and dismemberment (AD&D) insurance. Open enrollment benefit elections are
implemented the following calendar year.
18.3 Dental Insurance
Employees will be eligible to enroll in a City-sponsored dental plan. Should an employee elect to
enroll for medical benefits, he/she must also enroll in dental coverage at the same coverage level
(employee only, employee plus one dependent, employee plus two or more dependents) as
medical insurance.
During the open enrollment period that occurs in 2013 the employee will have the option of
selecting any dental coverage level regardless of the employee's selected medical coverage.
Open enrollment benefit elections are implemented the following calendar year.
18.4 Vision Insurance
Employees will be eligible to enroll in a City-sponsored vision insurance plan. Employees may
elect to purchase vision insurance or opt out of the vision insurance program. If the decision is
made to purchase vision insurance, an employee may purchase vision insurance at any level of
coverage (employee only, employee plus one dependent, employee plus two or more dependents).
18.5 Opt Out Provision
Employees who do not wish to participate in the CalPERS Health Program will have the choice
of opting out of the City's medical insurance program, provided they can show that they are
covered under another insurance program.
Effective the first full pay period in calendar year 2Q12after ratification of this MOU
(prospectively only), employees who elect this provision will be given a reduced City
contribution amount (Benefits Credits) of two hundred ninety four three hundred eight ($3^308)
per month (increased from $294 per month), to be used toward the purchase of dental insurance,
vision insurance, or as a contribution to a flexible spending account (or, during the 2013 open
enrollment period, tow^ard the purchase of accidental death and dismemberment (AD&D)
insurance). The City contribution amount of two hundred ninety four three hundred eight dollars
($29430^) per month will be granted to any employee who elects to opt out of the CalPERS
Health Program, regardless of the employee's level of coverage (employee only, employee plus
one dependent, employee plus two or more dependents). For the remainder of the 2013 calendar
year, the increase in benefit credits will be paid to the employee in cash and reported as taxable
income.
As soon as administratively possible upon ratification ofthe MOU Under no circumstances will
any-unused Benefits Credits as outlined above will be paid to the employee in cash and reported
as taxable income.
18.6 Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the Califomia Public
Employees' Retirement System (CalPERS) Health Program. Represented employees who retire
from the City, either service or disability and receive a retirement allowance from CalPERS, shall
be eligible to continue their enrollment in the CalPERS Health Program when they retire,
provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time
of separation from employment and their effective date of retirement is within 120 days of
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separation. The City will contribute the minimum amount per month required under Govemment
Code Section 22892 ofthe PEMHCA toward the cost of each retiree's enrollment in the CalPERS
Health Program. Direct authorization may be established for automatic deduction of payments
for health insurance administered by CalPERS.
Employees who retire from the City, either service or disability, shall be eligible to continue to
participate in the City's dental and/or vision insurance programs. The cost of such dental and/or
vision insurance for the employee and eligible dependents shall be bome solely by the employee.
The City shall not charge the COBRA administrative cost to the retirees.
The retiree must make arrangements with the City to prepay his/her monthly premiums for dental
and/or vision insurance and must keep such payments current to ensure continued coverage.
ARTICLE 19. UNIFORM REIMBURSEMENT
Reimbursement to represented employees for the cost of purchasing and maintenance of required
uniforms shall be $26.92 per pay period.
ARTICLE 20. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of Investigations Lieutenant, Traffic
Lieutenant, and all Police Captains shall be assigned a designated vehicle and shall be entitled to use the
vehicle on each duty shift; provided, however, such assignment of a designated vehicle is expressly
conditioned on the availability of vehicles and does not extend to any Lieutenant/Captain assigned in
addition to the number assigned as of the date of this Memorandum.
ARTICLE 21. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide long term disability insurance.
The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, the insurance shall continue unchanged.
ARTICLE 22. LEAVE OF ABSENCE
22.1 Occupational Injuries or Illnesses
22.1.1 A swom employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for up to one year as provided in Section
4850 ofthe Labor Code ("4850 benefits"). The employee may not receive 4850
benefits concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability payments (or,
if appropriate, vocational rehabilitation maintenance allowance payments) as
provided in the Labor Code. To the extent these benefits are less than the
employee's full regular pay, the employee shall supplement them by using
accmed sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
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22.2 Non-Occupational Injuries or Illnesses
22.2.1 An employee who is temporarily unable to work due to a non-occupational
illness or injury will receive those disability benefit payments for which the
employee is eligible and applies. To the extent that these benefits are less than
the employee's full regular pay, the employee shall supplement them by using
accmed sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's ftill regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
22.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same
manner as leaves of absence for non-occupational illnesses or injuries, subject to
the pregnancy disability provisions of the Califomia Fair Employment and
Housing Act.
22.3 Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant
to the recommendation of the Police Chief and the approval of the City
Manager.
B. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms
prescribed by the City Manager and shall state specifically the reason for
the request, the date when the leave is desired to begin, the probable date
of retum, and the agreement to reimburse the City for any benefit
premiums paid by the City during the leave of absence. The request shall
normally be initiated by the employee, but may be initiated by the Police
Chief, and, upon written recommendation of the Police Chief that it be
granted, modified or denied, shall be promptly transmitted to the City
Manager. A copy of any approved request for leave of absence without
pay shall be delivered promptly to the Directors of Finance and Human
Resources.
C. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed
six months, unless otherwise approved by the City Manager. The
procedure for granting extensions shall be the same as that in granting
the original leave provided that the request for extension is made no later
than fourteen (14) calendar days prior to the expiration of the original
leave.
D. Retum From Leave
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When an employee intends to retum from an authorized leave of absence
without pay either before or upon the expiration of such leave, he/she
shall contact the Police Chief at least fourteen (14) calendar days prior to
the day he/she plans to retum. The Police Chief shall promptly notify the
City Manager of the employee's intention. The employee shall retum at
a rate of pay not less than the rate at the time the leave of absence began.
E. Effect of Leave Without Pay
An employee shall utilize all his/her vacation, and/or sick leave (if
applicable) prior to taking an authorized leave of absence without pay.
A prorata reduction of normal annual vacation and sick leave accmals
shall be applicable to an approved absence without pay. Any absence
without pay constitutes a break of continuous service with the City. The
granting of any leave without pay exceeding two full scheduled pay
periods shall cause the employee's calculation of full-time continuous
service to be extended by the number of calendar days for which such
leave has been granted less the first two full pay periods of such leave.
An employee's accumulation of sick leave and vacation leave will cease
after the completion of two (2) full scheduled pay periods in which the
employee has not received compensation due to a leave of absence
without pay. Accrual will be reinstituted beginning the first day of the
first full pay period after the employee has retumed to work.
F. Leave Without Pay - Insurance Payments
An employee on leave without pay may continue his/her City insurance
benefits by reimbursing the City for the costs of insurance on a monthly
basis during the period of the leave. Failure to reimburse the City for
such benefits during the term of a leave of absence will result in the
employee's coverage terminating on the first day following the month in
which the last payment was received.
22.4 To the extent permitted by law, a leave of absence under this article will run concurrently with
any leave of absence an employee is entitled to receive under the Califomia Family Rights Act or
the federal Family and Medical Leave Act.
22.5 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
Police Captains are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29
CFR Section 541.5d, the City can make deductions from salary or leave accounts for partial day
absences for personal reasons or sickness because the City has a policy and practice of requiring
its employees to be accountable to the public that they have eamed their salaries. A partial day
absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation
29 CFR Section 541.118 (a)(2) and (a)(3), the City may make salary or leave reductions based
upon full day absences. Partial day or full day absences shall be first charged against the exempt
employee's vacation, sick, or executive leave account. In the event the exempt employee does not
have sufficient time in his/her leave account to cover the absence, deductions without pay will be
made on full days only.
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22.6 Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration ofthe shift. Employees shall be entitled to keep mileage reimbursement paid while on
jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
ARTICLE 23. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the standards
and procedures contained in Califomia Govemment Code sections 20000 et seq.
ARTICLE 24. VACATION
24.1 All members of this bargaining unit shall be entitled to accme vacation on a daily basis according
to the number of continuous full years of employment based on the following vacation accrual
schedule:
Beginning with the first (T') working day through the completion of five (5) full calendar
years of continuous service - 13 minutes/day
Beginning the sixth (6*) year of continuous employment through the completion of ten (10)
full calendar years of continuous service - 20 minutes/day
Beginning the eleventh (11*) year of continuous employment through the completion of
eleven (11) full calendar years of continuous service - 21 minutes/day
Beginning the twelfth (12*) year of continuous employment through the completion of
twelve (12) full calendar years of continuous service - 22 minutes/day
Beginning the thirteenth (13*) year of continuous employment through the completion of
thirteen (13) full calendar years of continuous service - 24 minutes/day
Beginning the fourteenth (14*) year of continuous employment through the completion of
fifteen (15) full calendar years of continuous service - 25 minutes/day
Beginning the sixteenth (16*) year of continuous employment, vacation time shall be
accmed, and remain at a rate of 26 minutes/day for every full calendar year of continuous
employment thereafter.
Management employees with comparable service in local govemment agencies may be
granted credit for such service for the purpose of computing vacation at the discretion of
the City Manager.
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24.2 Vacation Accmal Maximum
No employee will be allowed to accme vacation hours in excess of the three hundred and twenty
(320) hour maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably
deny requests for vacation time off. If there are unusual circumstances that would require an
employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the
Police Chief and the City Manager. The Police Chief and the City Manager may grant such a
request if it is in the best interest of the City. Requests will be handled on a case-by-case basis
and will be considered only in extreme circumstances.
24.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to eighty (80) hours of
accmed vacation to cash, provided they have used at least eighty (80) hours of vacation during
the pay periods that fall within the prior calendar year.
24.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
retuming to work during vacation leave will be compensated as follows:
(a) Court - -For Lieutenants only, mandated court appearances during the time of an
employee's paid vacation leave from City service will be compensated at time and one half
the employee's regular rate of pay, with a minimum of four (4) hours.
(b) Duty Time - Employees retuming to their regularly scheduled work time while on vacation
leave shall be paid their applicable regular rate of pay and not be charged the corresponding
vacation time.
(c) Non-Duty Time - Lieutenants retuming to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid at time and one half the
employee's regular rate of pay.
(d) Recall - This clause shall not limit the City's right to recall an employee from vacation in
the event of an emergency.
24.5 Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon
determination by the Police Chief that such absence will not materially affect the department.
Each employee must consider the needs of the service when requesting annual vacation leave.
An employee shall normally provide forty-eight (48) hour notice in advance of the day(s) he/she
is requesting vacation time off. When a family emergency arises which necessitates the use of
vacation time, an employee shall provide as much advance notice as possible considering the
particular circumstances.
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24.6 Terminal Vacation Pay
An employee with regular status separating from the City service who has accmed vacation leave
shall be entitled to terminal pay in lieu of such vacation. No leave credit will be eamed on
terminal leave payments. When separation is caused by death of an employee, payment shall be
made to the estate of such employee or, in applicable cases, as provided in the Probate Code of
the State.
ARTICLE 25. HOLIDAYS
25.1 The City agrees to observe twelve (12) scheduled paid holidays plus, through June 30, 2013, one
(1) paid floating holiday per year. Any floating holiday is to be taken at the discretion of the
employee with the prior approval of the employee's immediate supervisor. The holiday schedule
shall not interfere with, influence, or otherwise change the scheduling of shift employees by the
department.
As of July 1. 2013. the floating holidav shall be eliminated for all CPM A employees.
25.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
Lincoln's Birthday (Monday before President's Day)
Washington's Birthday (Use President's Day)
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
One (1) Floating Holiday (eliminated on July 1, 2013)
25.3 Lieutenants who work a 5/8 schedule will be paid eight (8) hours of straight time for each
holiday. Lieutenants who work a 9/80 schedule will be paid nine (9) hours of straight time for
each holiday. Lieutenants who work a 4/10 schedule will be paid ten (10) hours of straight time
for each holiday. Lieutenants who work a 3/12 schedule will be paid twelve (12) hours of straight
time for each holiday.
25.4 Lieutenants will be compensated in cash or compensatory time off (CTO) for holidays in the pay
period in which they occur. Lieutenants scheduled to work on a holiday who desire the day off
will utilize vacation or CTO.
For purposes of this section, a shift trade will be considered part of an employee's regularly
scheduled work shift.
ARTICLE 26. ALCOHOL AND DRUG POLICY
I. POLICY
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It is the policy ofthe City of Carisbad to provide, for its employees, a work environment free
from the effects of dmgs and alcohol consistent with the directives of the Dmg Free Workplace
Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National
Institute on Dmg Abuse (NIDA), now known as the Substance Abuse & Mental Health Services
Administrafion (SAMHSA). All procedures and protocols for collecfion, 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 (Govemment Code Section 3300 et seq.). This policy is intended to accomplish
that objecfive.
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. Employee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation,
possession or use of alcohol or drugs nor be under the influence of
alcohol or dmgs in the workplace or while on-call;
b. submit to an alcohol and dmg 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.
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Employees are required to notify their supervisors when taking any medication or
dmgs, prescription or non-prescription (over-the-counter medications), which
interfere with safe or effective performance of their duties or operation of City
equipment.
Off-duty involvement with any controlled substance including, but not limited to
manufacture, distribution, dispensing, possession, use or any conviction under a
criminal drug statute whose scope and employment are relevant to City
employment may result in disciplinary action up to and including termination if
there is relevant nexus between such off-duty involvement and the employee's
employment with the City, consistent with the legal requirements for disciplinary
due process.
C. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Dmg and Alcohol Analysis
1. Upon receiving a conditional 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. Employee Drug and Alcohol Analysis
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.
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2. Some examples of "reasonable suspicion" as defined in Section 1 .A.3.
include, but are not limited to, the following, when confirmed by more than
one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability;
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 dmgs;
g. information obtained from a reliable person with personal knowledge
that would lead a reasonably pmdent supervisor to believe that an
employee is under the influence of alcohol or dmgs.
3. Refusal to remain on the premises or to submit to a dmg 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 dmg which
could impair an employee's ability to effectively and safely perform the
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in disciplinary
action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug test
sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed necessary by
the City.
III. EMPLOYEE ASSISTANCE PROGRAM
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.
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B. Employees who are concemed 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.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of any
City policy.
ARTICLE 27. EMPLOYER SEARCHES
For the purpose of enforcing City or Department policies, directives, and work rules, the City reserves the
right to search, with or without prior notice to the employee, all work areas and property in which the City
maintains full or joint control with the employee, including, without limitation. City vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property 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 and property under full or joint City control since such work areas may
be subject to investigation or search under this article.
Employer searches may occur when there is a reasonable suspicion that the employee has violated a City
or Department policy, directive, or work rule and that the area or property to be searched may contain
evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal
authority to conduct them. Searches will not normally occur without the concurrence of more than one
supervisor.
If the Public Safety Officers Procedural Bill of Rights Act (Govemment Code sections 3300 et seq.) is
applicable to a particular search, then the City will comply with the Act notwithstanding anything to the
contrary in this article.
Nothing in this article will prevent the City from taking appropriate action if there is inadvertent
discovery of evidence of a policy, directive, or work rule violation.
ARTICLE 28. PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM FOR
MANAGEMENT EMPLOYEES
Ail CPMA members shall continue to use the same performance review cycle, fomis and eligibiiitv rules
regarding base pay increases outlined in Administrative Order No. 66 (Performance Management and
Compensation System for Management Employees). However, the Citv and CPMA will negotiate the
funding amount and effective date of implementation of a base pay matrix to be applied to CPMA
employees. Appendix A depicts the salary ranges for CPMA classifications. Human Resources will
continue the practice of periodically reviewing market data and recommending movement ofthe CPMA
salary ranges to Council. This will continue to not be subject to negotiations.
The City will apply a 3% base pay matrix to be used to determine base pay increases fbr eligible CPMA
members eflective 7/1/2013.
The City and CPMA agree to a reopener during the term of this MOU to discuss moving CPMA to a new
pay for performance system (new performance review cycle, forms and eligibility rules).
Upon initial entry into a CPMA classification, an employee's base salary shall be set equal to the base
salary^ of the lowest paid employee in that same classification.
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Effective the first full pay period following City Council approval of this MOU, the base salary of the
lowest paid Lieutenant will be increased to equal the base salary of the majority of the current
Lieutenants.
All CPMA members shall be subject to Administrative Order No. 66 titled "Porformanoo Management
and Compensation System for Management Employees" and the Management Compensation and
Benefits Plan that are in place on the ratification of this memorandum of understanding, or as modified
herein, but only as to salar>^ and/or incentive plan. As a result, CPMA agrees to waive any obligation by
the City to meet and confer with CPMA over implementation ofthe provisions of Administrative (3rder
No. 66 and/or the Management Compensation and Bonofits Plan.
EtYective the first full pay period following ratification of this Agreement, all CPMA members will
receive a three percent (3%) salary increase, except as noted below:
•—Employees whose most recent performance evaluation documented a below standard
level of performance will not receive an increase-
Future changes to Administrative Order No. 66 and/or the Management Compensation and Benefits Plan
as to salary' and/or incentive plan will require meet and confer, and be subject to the City's
Employer/Employee resolution as it relates to negotiations. CPMA agrees that the City ma>^ request, at
any time, to reopen this agreement to modify Administrative Order No. 66 and /or the salary and/or
incentive plan provisions ofthe Management Compensation and Benefits Plan, and/or this article.
CPMA agrees to meet and confer with the City on this issue within a reasonable period of time after the
City's request.
ARTICLE 29. EXECUTIVE LEAVE
Police Captains shall receive fifty-six (56) hours per fiscal year for executive leave. The fifty-six (56)
hours will be credited at the beginning of each fiscal year to individual leave balances. This leave must
be used within the same fiscal year.
The City Manager is authorized to provide ten (10) additional hours of executive leave per year to any
management employee who is required to work extended hours due to emergencies such as fires, storms,
floods, or other emergencies.
ARTICLE 30. LIFE INSURANCE AND VOLUNT ARY BENEFITS
All unit members shall receive City paid life insurance in an amount equal to two times the
basic yearly eamings. To determine benefits, the amount of insurance is rounded to the next higher
$1,000 multiple, unless the amount equals a $1,000 multiple. Supplemental Life, at an amount equal to
City paid life insurance, is available at the employee's cost. Dependent life is also available at the
omployoe's cost
The City provides various voluntary benefits available at the employee's cost. Employees may select
among various levels of coverage. For information regarding these benefits, contact the Human
Resources Department at 760-602-2440.
ARTICLE 31. SEPARATION COMPENSATION
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All employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting
out of service or for other reasons not due to misconduct which would justify involuntary separation shall
receive one month's salary computed at the employee's actual salary at the time of separation.
ARTICLE 32. ANNUAL PHYSICAL EXAMINATION AND/OR PHYSICAL FITNESS TESTING
All employees shall be eligible for reimbursement of up to the amount of four hundred fifty dollars ($450)
during each fiscal year to pay the cost of an employee's annual physical examination and/or physical
fitness testing.
The annual physical examination may be completed by a physician of the employee's choice. Each
employee claiming reimbursement shall be required to submit original receipts to the Human Resources
Department in lieu of submitting them to the insurance company for payment.
The annual physical examination offered to unit members provides physical fitness testing and
information regarding lifestyle changes that promote optimum health. Program components include, but
are not limited to: Computerized Heart Risk Profile, Complete Blood Profile, Nutritional Assessment,
Diet Program, Body Measurements, Lung Assessment, Consultations, etc.
ARTICLE 33. ACCIDENTAL DEATH AND DISMEMBERMENT
This is a voluntary program available to any employee who chooses to participate. Employees may select
among various levels of coverage which cover accidents and death. The City w ill pay one third (1/3) of
the cost, the employee pays two thirds (2/3) and 100% of dependent coverage.
ARTICLE 3433. DEFERRED COMPENSATION
The City shall provide deferred compensation plan(s) which may be utilized by any employee. The City
reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of
any plan.
The City and the CPMA agree to work with the City's deferred compensation provider (currently ICMA
Retirement Corporation) to implement a personal loan provision for represented employees as soon as
administratively possible. It is acknowledged that the City will assist in the administrative set-up of this
benefit but that the City has no liability if an employee should default on the repayment of such a loan.
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FN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
LISA HILDABRANDJOHN COATES, City Manager Date
APPROVED AS TO FORM:
RONALD R. BALLCELIA BREWER, City Attomey Date
CARLSBAD POLICE MANAGEMENT ASSOCIATION
JAY EPPELWILLIAM ROWLAND. President Date
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CPMA Salary Schedule
Effective 12/1/2012
JOB TITLE MINIMUM MARKET RANGE
Police Captain $ 113,500 $130,000 - $ 162,300
Police Lieutenant $ 92,900 $106,800 - $ 134,700
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Exhibit 4
JOB TITLE
Management Salary Structure (Base Pay)
FY 2012/13
GRADE MINIMUM MARKET RANGE
Adminsitrative Services Director 8 $ 130,500 $150,200 - $ 189,300
Assistant City Manager 8
Deputy City Manager 8
Fire Chief 8
Police Chief 8
Public Works Director 8
Assistant City Attomey 7 $113,500 $130,000 - $ 162,300
Community & Economic Dev. Director 7
Finance Director 7
Fire Division Chief 7
Housing & Neighborhood Svcs Director 7
Human Resources Director 7
Information Technology Director 7
Library and Cultural Arts Director 7
Parks and Recreation Director 7
Property & Environmental Mgmt. Dir. 7
Transportation Director 7
Assistant Finance Director 6 $ 92,900 $106,800 - $ 134,700
Assistant Utilities Director 6
Building & Code Enforc. Manager 6
Business Intelligence Architect 6
City Communications Manager 6
City Traffic Engineer 6
City Planner 6 $141,531.52 employees hired prior to 11/29/2011;
y-rated due to reclassification
Deputy City Attomey 6
Economic Development Manager 6
Engineering Manager 6
Fire Battalion Chief 6
Fire Marshal 6
Information Technology Manager 6
Municipal Property Manager 6
Project Portfolio Manager 6
Public Works Manager 6
Assistant to the City Manager 5 $ 84,700 $95,200 - $ 116,600
Development Services Manager 5
Emergency Medical Services (EMS)
Paramedic Nurse Coordinator 5
Enviroimiental Programs Manager 5
Revised 05/28/2013
Exhibit 4
JOB TITLE
Management Salary Stmcture (Base Pay)
FY 2012/13
GRADE ME^JIMUM MARKET RANGE
Facilities Manager 5 $ 84,700 $ 95,200 - $ 116,600
Finance Manager 5
Finance Payroll Information Technology Mgr 5
Geographic Info. Systems Manager 5
Human Resources Manager 5
Municipal Projects Manager 5
Park Development Manager 5
Police Communications Manager 5
Principal Planner 5
Public Safety Info. Technogy Manager 5
Public Works Superintendent 5
Recreation Services Manager 5
Risk Manager 5
Senior Engineer 5
Utilities Superintendent 5
Cultural Arts Manager 4 $ 70,000 $78,800 - $ 96,200
Constmction Manager 4
Deputy Library Director 4
Emergency Preparedness Coordinator 4
Housing Program Manager 4
Public Information Officer 4
Records Manager 4
Senior Accountant 4
Senior Management Analyst 4
Video Production Manager 4
Community Relations Manager 3 $ 62,300 $69,900 - $ 85,400
Management Analyst 3
Principal Librarian 3
Public Works Supervisor 3
Utilities Supervisor 3
Aquatic Supervisor 2 $ 55,400 $62,500 - $ 76,200
Assistant City Clerk 2
Associate Analyst 2
Benefits Administrator 2
Gallery Curator 2
Media Services Specialist 2
Recreation Area Manager 2
Revised 05/28/2013
Exhibit 4
JOB TITLE
Management Salary Stmcture (Base Pay)
FY 2012/13
GRADE ME^JIMUM MARKET RANGE
Secretary to City Attomey 2 $ 55,400 $ 62,500 $ 76,200
Secretary to City Council 2
Secretary to City Manager 2
Communications Coordinator 1 $ 50,400 $56,900 - $ 69,200
Community Arts Coordinator 1
Community Volunteer Coordinator 1
Management Assistant 1
Revised 05/28/2013
Exhibit 5
Management Salary Stmcture (Base Pay)
FY 2012/13
JOB TITLE GRADE MINIMUM MARKET RANGE
Adminsitrative Services Director 8 $ 130,500 $150,200 - $ 189,300
Assistant City Manager 8
Deputy City Manager 8
Fire Chief 8
Police Chief 8
Public Works Director 8
Assistant City Attomey 7 $113,500 $130,000 - $ 162,300
Community & Economic Dev. Director 7
Finance Director 7
Fire Division Chief 7
Housing & Neighborhood Svcs Director 7
Human Resources Director 7
Information Technology Director 7
Library and Cultural Arts Director 7
Police Captain
Parks and Recreation Director 7
Property & Environmental Mgmt. Dir. 7
Transportation Director 7
Assistant Finance Director 6 $ 92,900 $106,800 - $ 134,700
Assistant Utilities Director 6
Building & Code Enforc. Manager 6
Business Intelligence Architect 6
City Communications Manager 6
City Traffic Engineer 6
City Planner 6 $141,531.52 employees hired prior to 11/29/2011; City Planner
y-rated due to reclassification
Deputy City Attomey 6
Economic Development Manager 6
Engineering Manager 6
Fire Battalion Chief 6
Fire Marshal 6
Information Technology Manager 6
Municipal Property Manager 6
Police Lieutenant 6
Project Portfolio Manager 6
Public Works Manager 6
Assistant to the City Manager 5 $ 84,700 $95,200 - $ 116,600
Development Services Manager 5
Revised 05/14/2013
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RESOLUTION NO. 2013-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CITY'S CALPERS
EMPLOYER PAID MEMBER CONTRIBUTION FOR
EMPLOYEES REPRESENTED BY THE CARLSBAD POLICE
MANAGEMENT ASSOCIATION
WHEREAS, the City Council of the City of Carlsbad has the authority to implement
Government Code Section 20691; and
WHEREAS, the City Council of the City of Carlsbad has a written agreement with the
Carlsbad Police Management Association (CPMA) which specifically provides for a portion of
the normal member contributions to be paid by the City; and
WHEREAS, the City Council intends to modify its agreement with the CPMA to decrease
the Employer Paid Member Contribution (EPMC); and
WHEREAS, the City Council has identified the conditions described below for reduction
ofthe EPMC.
• This benefit shall apply to all employees in the following employee group and this
benefit shall consist of the City paying the related percentage of the normal member
contributions as EPMC as noted:
Employee Group Effective Date EPMC Percentage
Carlsbad Police Management Association 6/10/2013 0%
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad as
follows:
1. That the above recitations are true and correct.
2. That the City Council wishes to comply with Section 20691 by adopting this
resolution.
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3. That the City Council elects to pay Employer Paid Member Contributions (EPMC), as
set forth above.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 28*^ day of May 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
ATTEST: