HomeMy WebLinkAbout2013-06-18; City Council; 21273; Approval MOU Carlsbad City Employees' AssociationCITY OF CARLSBAD AND CARLSBAD
IVIUNICIPAL WATER DISTRia - AGENDA BILL
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APPROVAL OF A MEMORANDUM OF
UNDERSTANDING WITH THE CARLSBAD CITY
EMPLOYEES' ASSOCIATION, INC. (CCEA) AND
APPROPRIATION THEREFOR
DEPT. HEAD
CA/GEN. COUNSEL
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2013-159 and Resolution No. 1473 approving a Memorandum of
Understanding with the Carlsbad City Employees' Association (CCEA) and making an appropriation
therefor.
ITEM EXPLANATION:
Representatives ofthe City and the Carlsbad City Employees' Association (CCEA) 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 CCEA includes the following provisions:
• TERM: January 1, 2013 to December 31, 2014.
• COMPENSATION ADJUSTMENTS: Effective the pay period that includes March 1, 2013, all CCEA
represented employees will receive a three percent (3%) salary increase. Effective the first full
pay period in January 2014, all CCEA represented employees will receive a three percent (3%)
salary increase. CCEA salary ranges will not be adjusted as part ofthe 2014 increase. (Those
employees who cannot receive the 3% increase while staying within the range will receive a base
building increase up to the range maximum and the balance as a stipend.) Effective December
31, 2014, a 4% base pay matrix will be utilized to calculate merit increases for all eligible CCEA
represented employees as part of a pay for performance system. All step and longevity increases
will cease on December 31, 2013.
• FLEXIBLE CLASSIFICATIONS: Upon ratification of this MOU, the bifurcated positions of Librarian
l/ll will be eliminated and the new classifications of Librarian and Lead Librarian will be created at
salary ranges 55 and 63 respectively. The City will recruit for the promotional position of Lead
Librarian and will identify a timeline for identifying any other Lead Librarian assignments within
30 days of ratification of this MOU. Employees who are currently in the Librarian II classification
(salary range 58) will be reclassified to the Librarian classification but their salaries will remain at
their current levels. These employees will not be eligible for salary increases until salary range 55
exceeds the salary ofthe employees in the former Librarian II classification. The 2013 and 2014
compensation adjustments as described above wi]l apply to these employees.
DEPARTMENT CONTACT: Julie Clark 760-602-2438 Julie.Clark(5)Carlsbadca.R0v
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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• FLEXIBLE BENEFITS PROGRAM: Increase the City's health insurance contribution for each
coverage level effective the pay period that includes March 1, 2013 to the following amounts:
Employee Only = $578/month (increase of $26/month)
Employee + 1 = $1027/month (increase of $47/month)
Employee + 2 or more = $l,319/month (increase of $60/month)
Employees Opting Out = $250/month (increase of $ll/month)
• CAFETERIA PLAN: Both the retroactive increase in City health contribution dollars (called "benefit
credits") and the increase in benefit credits for the remainder of the 2013 calendar year will be
paid to the employee in cash and reported as taxable income.
If an employee does not use all of their benefit credits to pay for their health insurance, any
unused benefit credits will be paid to the employee as taxable cash, prospectively as of the first
full pay period following City Council approval of this MOU.
During the open enrollment period in 2013, CCEA 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.
Effective the first pay period in calendar year 2014, the City's health insurance contribution will
increase by the percentage equal to fifty percent (50%) ofthe average 2014 increase in the
CalPERS HMO premiums.
• HOLIDAYS: Effective July 1, 2014, one (1) floating holiday will be eliminated for CCEA represented
employees.
• PAY FOR PERFORMANCE SYSTEM: A new performance management system will be implemented
for all CCEA represented employees effective January 1, 2014. Effective January 1, 2014,
employees will no longer be eligible for step or longevity increases but will be evaluated and
compensated based on the pay for performance system described in Article 54 of this MOU.
Adoption of this system will also necessitate minor changes to the Personnel Rules and
Regulations. These changes are highlighted in Exhibit 6 and incorporated in Exhibit 7.
• Language changes to be incorporated into the MOU between the City and CCEA are outlined in
Exhibit 3.
FISCAL IMPACT:
The estimated annual cost ofthe 3% base salary increase effective March 1, 2013 is $773,000, which
includes salary and salary related benefits. The cost associated with the 3% base salary increase
effective January 1, 2014 is $812,000. Although the cost will not be realized during the life of this
MOU, the estimated annual cost of 4% funding of the pay for performance base pay matrix is
$1,094,000.
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The General Fund impact in FY 2012-13 ofthe increase to base salary and salary related benefits is
approximately $186,000 and is requested to be funded from Council Contingency. The impact in FY
2012-13 ofthe increase to base salary and salary related benefits to Non General Fund is minimal and
will be absorbed by the funds. The General Fund impact in FY 2013-14 of the increase to base salary
and salary related benefits is approximately $555,000 and is requested to be appropriated from
Council Contingency. The impact on non-General Funds in FY 2013-14 ofthe increase to base salary
and salary related benefits is approximately $223,000. Finance will appropriate this amount from the
related funds reserves.
The estimated annual cost of increasing the Health Benefit Credits effective the pay period that
includes March 1, 2013 is $164,000. Funding for the FY 2012/13 and FY 2013/14 portion of this
adjustment is included in the FY 2012/13 and FY 2013/14 budget.
The proposed changes to the Library classifications are expected to have little or minimal fiscal
impact. This will vary depending on which current incumbents are selected to be promoted and
where existing employees fall in the new salary range. Any costs resulting from these changes will be
absorbed in the Library Department 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.?21?ll^adopting the Memorandum of Understanding between the City of
CaHsbad and the Carlsbad City Employees' Association (CCEA)
2. Resolution No. 1473 appropriating funds to support the Memorandum of Understanding
between the City of CaHsbad and the CaHsbad City Employees' Association (CCEA)
3. Strike-out copy of the Memorandum of Understanding Between the City of Carlsbad and the
Carlsbad City Employees' Association (CCEA)
4. Memorandum of Understanding between the City of Carlsbad and the Carlsbad City Employees'
Association (CCEA), including Attachment A, CCEA Salary Schedule and Attachment C, CMWD
Salary Schedule and Job Classification
5. New Classification Specification - Librarian Series
6. Strike-out copy of Amended Section of the Personnel Rules and Regulations
7. Amended Personnel Rules and Regulations
1 RESOLUTION NO. 2013-159
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE
4 CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA)
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5 WHEREAS, representatives of management and the CaHsbad City Employees'
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Association (CCEA) have met and conferred in good faith pursuant to the Meyers-Milias-Brown
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Act regarding wages and other terms and conditions of employment; and
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9 WHEREAS, said representatives have reached agreement which they desire to submit to
10 the City Council for consideration and approval; and
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j4 incorporated by reference herein.
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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), marked Exhibit 4 and
1^ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of CaHsbad,
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California, as follows that:
1. The above recitations are true and correct.
2. The Memorandum of Understanding between the CaHsbad City Employees'
20 Association (CCEA) and the City of Carlsbad as set forth in Exhibit 4 is hereby approved and the
City Manager is authorized and directed to execute it
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3. The Salary Schedules for CCEA-represented employees set forth in Attachments
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A and C of Exhibit 4 are hereby approved.
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4. The revised classification specification for the Librarian Series set forth in Exhibit
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1 5. The amended Personnel Rules and Regulations set forth in Exhibit 7 are hereby
^ approved.
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6. The City Council authorizes the Administrative Services Director to transfer
$186,000 from Council Contingency to the General Fund to be used to provide for the portion
ofthe increase to salary and health benefit credits that occurs in Fiscal Year 2012-13.
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7 7. That the City Council authorizes the Administrative Services Director to transfer
8 $555,000 from Council Contingency to the General Fund to be used to provide for the portion
^ of the increase to salary and health benefit credits that occurs in Fiscal Year 2013-14.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City of CaHsbad City
Council and the CaHsbad Municipal District Water Board on the 18^^ day of June, 2013, by the
following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, Ci^V Clerk
1 RESOLUTION NO. 1473
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD) APPROPRIATING FUNDS TO
SUPPORT THE MEMORANDUM OF UNDERSTANDING BETWEEN
REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD CITY
EMPLOYEES' ASSOCIATION (CCEA)
incorporated by reference herein; and
WHEREAS, this agreement covers members ofthe CCEA whose salaries and benefits are
WHEREAS, representatives of management and the Carlsbad City Employees'
Association (CCEA) have met and conferred in good faith pursuant to the Meyers-Milias-Brown
8 Act regarding wages and other terms and conditions of employment; and
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WHEREAS, said representatives have reached agreement which they desire to submit to
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the City Council for consideration and approval; and
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12 WHEREAS, the City Council has determined it to be in the public interest to accept such
13 an agreement in the form of a Memorandum of Understanding (MOU), marked Exhibit 4 and
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17 paid for by non-General Funds
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22 2. That the Board authorizes the Administrative Services Director to appropriate
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to salary and health benefit credits that occurs in Fiscal Year 2013-14
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NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of
the City of CaHsbad, California, as follows that:
1. The above recitations are true and correct.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City of CaHsbad
Municipal Water District Board and City Council on the 18^*" day of June, 2013, by the following
vote to wit:
AYES:
NOES:
Board Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, President
ATTEST:
/^^^ (^ i
BARBARA ENGLESON, Sgfretary
(SEAL)^**"'"v
EvcVubvV
Exhibit 2
IMPOSED CHANGES INCQRPOPV.\TED INTO TIIE MEMOPW\>JDUM OF
WJDEP.STA:MDING ("MOU") BETWEE^J THE CITY OF CARLSBAD AND THE
CARLSBAD CITY EMPLOYEES' ASSOCIATION
This document incorporates changes impoGcd by City Council action on June 21, 2011 into the
Memorandum of Understanding between the City of Carlsbad and the Carlsbad City Employees'
Association. The article set forth below was changed to add the underlined language as a resuh
of the City CounciPs action:
Articles Cm Rights
The rights ofthe City include, but are not limited to the exclusive right to determine mission of
its constituent departments, commissions, committees, and boards; set standards of service;
determine procedures and standards of selection for employment and promotions; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work or
other legitimate reason; maintain the efficiency of governmental operations; determine the
methods, means, and personnel by which government operations are to be conducted; determine
the content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work. After meeting and conferring over the decision and the
effects, the rights ofthe City include the ability to transfer employees among various City
activities and work groups; implement unpaid furloughs of employees; contract out bargaining
unit work to third parties or assign work to City employees outside the bargaining unit.
CCEA MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Foreword ^agQ
Preamble Page
Article 1 Recognition Page
Article 2 Implementation Page
Article 3 Term Page
Article 4 Renegotiation Page
Article 5 Authorized Agents Page
Article 6 No Strike and No Lockout Page
Article 7 City Rights Page
Article 8 Employee Rights Page
Article 9 Association Rights Page
Article 10 Confidential Employees Page
Article 11 Payroll Deductions/Agency Shop Page
Article 12 Compensation Adjustments Page
Article 13 Distribution of Paychecks Page
Article 14 Overtime Page
Article 15 Working Out of Classification Page
Article 16 Injured on Duty Page
Article 17 Bilingual Pay Page
Article 18 Uniforms and Equipment Page
Article 19 Tool Reimbursement Page
Article 20 Longevity Pay Page
Article 21 Vacation Page
Article 22 Holidays Page
Article 23 Sick Leave Page
Article 24 Bereavement Leave Page
Article25(A) Family and Medical Leave Acts Page
Article25(B) Leave of Absence Page
Article 26 Military Leave Page
Article 27 Jury Duty Page
Article 29 Rest Periods Page
Article 29 Late Starts Page
Article 30 Flexible Classifications Page
Article 31 Flexible Start Hours Page
Article 32 Flexible Work Schedules Page
Article 33 Flexible Job Sharing Page
Article 34 Health Insurance/Flexible Benefits Program Page
Article 35 State Disability Insurance/Family Medical Leave Benefits...Page
Article 36 Long Term Disability Page
Article 37 Retirement Page
Article 38 Deferred Compensation Page
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CCEA Memorandum of Understanding
Table of Contents
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Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Article 54
Dispute Resolution Procedure Page 32
Alcohol and Drug Policy Page 3 8
Access to Information Page 41
Communications Page 42
Legal Representation Page 42
Layoff Page 42
Carlsbad Municipal Water District Page 45
Full Understanding, Modification & Waiver Page 46
Provisions of Law Page 46
Retention of Benefits Page 46
Non-discrimination Clause Page 46
Americans With Disabilities Act Page 47
Life Insurance and Voluntary Benefits Page 47
Special Housing Facilities Page
Contracting Out Work Page
Pav for Performance Guidelines Page
Attachment A Salary Schedule - General Employees
Attachment B Benefits Retained by CMWD Employees
Attachment C CMWD Salary Schedule and Job Classification
Attachment D Benefits Summary - Employees Working a Reduced FTE Schedule
Attachment E Maerkle Reservoir. Dam, Treatment Facilitv and Site Steward Requirements,
Responsibilities and Agreement to Terms of Assignment
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MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees' Association
Foreword
The Memorandum of Understanding is made and entered into between designated management
representatives ofthe City of Carlsbad (hereinafter referred to as the "City"), and the designated
representatives of the Carlsbad City Employees' Association (hereinafter referred to as "CCEA"
or "Association").
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
"Memorandum") to promote and provide for harmonious relations, cooperation, and
understanding between the City Management representatives and the general employees covered
under this Memorandum, as shown on Attachment A and Attachment C; to provide an orderly
and equitable means of resolving any misunderstandings or differences which may arise under
this Memorandum; and to set forth the agreement of the parties reached as a result of good faith
negotiations regarding wages, hours, and other terms and conditions of employment ofthe
employees covered under this Memorandum.
Article 1 Recognition
The City of Carlsbad recognizes CCEA as the exclusive majority representative for all
classifications in this unit, as set forth in Attachment A, pursuant to the petition for formal
recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with
the Carlsbad Municipal Code. Attachment C lists additional classifications added to this unit.
Article! Implementation
This Memorandum constitutes a recommendation to be submitted to the City Council subsequent
to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall
not be binding upon the parties either in whole or in part unless and until:
The City Council acts, by majority vote, formally to approve and adopt said
Memorandum.
Articles Term
The term of this Memorandum of Understanding shall be from January 1, 2OI42013, through
December 31, 20422014. Throughout this Memorandum various provisions are marked with an
asterisk All such provisions will be effective as administratively possible as the City's new
payroll software system (HCMS) allows. Such changes marked with an asterisk shall not be
effective January 1, 2011. The City shall provide at least one (1) week notice to CCEA that a
provision marked with an asterisk shall become effective. Until a change marked with an
asterisk becomes effective, the existing contract language related to that issue shall remain in
effect.
All other provisions of this Memorandum shall be effective beginning with the first pay
period after ratification by the City Council unless another effective date is specifically provided
in this Memorandum. -
Article 4 Renegotiation
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum of Understanding, that party shall serve upon the other a notice of such intentT
prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to
this section, the parties agree to initially meet not less than forty-five (45) calendar davs and
pfiefno more than six months prior to the expiration of the Memorandum of Understanding, if
possible. During the term of this Memorandum, the parties agree to meet and confer upon
request ofthe other party to discuss additional changes to this Memorandum required by
implementation of the HCMS payroll software system.
Article 5 Authorized Agents
For the purpose of administering the terms and provisions of this Memorandum:
A. City's principal authorized agent shall be the City Manager or a duly authorized
representative (Address: 1200 Carlsbad Village Drive, Carlsbad, Califomia 92008;
Telephone (760) 602-2440), except where a particular City representative is specifically
designated in connection with the performance of a specific ftmction or obligation set
forth herein.
B. CCEA authorized representatives shall be its President,-9f its Board of Directors^
or a CCEA member in good standing who has been designated as an authorized CCEA
representative in writing by CCEA's President or a member of the Board of Directors.
(Address: 1635 Faraday Avenue, Carlsbad, CA 92008).
C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the
CCEA designated staff representatives. CCEA will notify Human Resources of the
organization, contact name, and address whenever a change is made.
Article 6 No Strike and No Lockout
A. No Strike. During the life of this agreement, neither the Association nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any
other intentional disruption of the operations of the City, regardless of the reason for so
doing.
B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates
or gives leadership to such activity, shall be subject to disciplinary action.
C. No Lockout. During the term of this agreement, the City will not instigate a lockout over
a dispute with the employees so long as there is no breach of Section 6, A.
D. Association Official Responsibility. Each employee who holds the position of officer of
the Employee Association occupies a position of special trust and responsibility in
maintaining and bringing about compliance with the provision of this article, the
Association agrees to inform its members of their obligations under this agreement and to
direct them to retum to work.
Article? Citv Rights
The rights of the City include, but are not limited to the exclusive right to determine mission of
its constituent departments, commissions, committees, and boards; set standards of service;
determine procedures and standards of selection for employment and promotions; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work or
other legitimate reason; maintain the efficiency of governmental operations; determine the
methods, means, and persotmel by which govemment operations are to be conducted; determine
the content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work. After meeting and conferring over the decision and the
effects, the rights of the City include the ability to transfer employees among various City
activities and work groups; implement unpaid furloughs of employees; contract out bargaining
unit work to third parties or assign work to City employees outside the bargaining unit.
Article 8 Employee Rights
A. Employees of the City shall have the right to form, join and participate in the activities of
CCEA for the purpose of representation on all matters of Employer-Employee Relations,
including but not limited to, wages, hours, and other terms and conditions of
employment. Employees of the City also shall have the right to reftise to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City.
B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated
against by the City, CCEA or other employee organization(s) because of the exercise of
his/her rights under this Article.
C. An individual employee reserves the right to individual representation, upon formal
notice to CCEA and the City, on any matter of Employer-Employee Relations.
D. CCEA shall be provided notice of the results of such individual Employee-City meetings.
Article 9 Association Rights
A. The City recognizes the right of CCEA to govern its intemal affairs.
B. The City agrees to include a one page CCEA "Information Sheet" in the orientation
packet for newly hired employees in positions represented by CCEA. The City and
CCEA agree that the purpose ofthe "Information Sheef is to familiarize new employees
with the operations and benefits of CCEA. All costs associated with preparing the
"Information Sheet" shall be home by CCEA. CCEA agrees to indemnify and hold the
City harmless for any disputes between CCEA and employees represented by CCEA
arising out of information contained in the "Information Sheet." Prior to distribution the
"Information Sheet" must be approved by the Human Resources Director. Should the
City have less than ten (10) CCEA information sheets on hand, it shall notify CCEA so
that CCEA can ensure that the City has adequate information sheets on hand for new
hires.
C. The City will fiimish bulletin boards for use of CCEA (Bulletin Boards for the exclusive
use by CCEA shall be provided at City Hall, Faraday and the main Library). Material
placed on said bulletin boards shall be at the discretion of CCEA. City may remove
CCEA material only in the event the material is obviously offensive to good taste,
defamatory, and shall be removed only on prior notification to CCEA.
Bulletin boards shall be located at: 1) City Hall Employees' Lounge, 2) Library
Employees' Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday
Employees' Lounge, 6) Safety Center Employees' Lounge, 7) Mechanical Maintenance,
8) Stagecoach Community Park, 9) Calavera Community Park, 10) Housing &
Neighborhood Services, 11) the City Clerk's Office, and 12) Redevelopment, 11) Senior
Center.
By mutual agreement additional locations may be added.
CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the
bulletin boards fumished by the City for the exclusive use by CCEA.
D. Twice annually, within thirty (30) calendar days of written request from CCEA, the City
agrees to provide CCEA with a listing of names, departments, and classifications of
employees in classifications represented by CCEA. Names, departments, and
classifications provided will reflect the most current data on file with the Human
Resources Department as of the date the list is prepared.
E. CCEA shall provide and maintain with the City a current list of the names and all
authorized representatives ofthe CCEA. An authorized representative shall not enter any
work location without the consent of the Department Head or his/her designee or the City
Manager or his/her designee. The Department Head or his/her designee shall have the
right to make arrangements for a contact location removed ftom the work area ofthe
employee. Management shall not unreasonably deny access.
F. CCEA may, with the approval of the Human Resources Department, be granted the use
of City facilities for after hour meetings.
G. CCEA shall be allowed to designate employee representatives to assist employees in
preparing and processing grievances; and preparing and presenting material for
disciplinary appeals hearings.
CCEA may designate one employee representative to assist an employee in preparing and
presenting materials for the above-listed procedures. The employee representative so
designated shall be allowed reasonable release time from regularly scheduled duties for
the purpose of investigating and preparing materials for such procedures. Employee
representatives who investigate, prepare or present materials during off-duty time shall do
so on their own time. Employee representatives and employees who attend discipline or
grievance hearings or City Council meetings during the off-duty time shall do so on their
oyvn time; providing, however, that employees who are ordered or subpoenaed to attend
such hearings shall be compensated in accordance with the overtime provisions of this
Memorandum of Understanding.
Designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to attend meetings relative to other matters of employer-
employee relations.
Designated employee representatives requesting time off under this article shall direct
such request to his/her immediate supervisor in writing within a reasonable time period to
the date requested, in order to assure that the department meets its staff needs and to
assure sufficient coverage of departmental assignments.
H. CCEA may select members of the organization to attend scheduled meetings with the
City staff on subjects within the scope of representation during regular work hours
without loss of compensation. Where circumstances warrant, the City may approve the
attendance at such meetings of additional employee representatives with or without loss
of compensation. The employee organization shall, whenever practicable, submit the
names of all such employee representatives to the City at least two working days in
advance of such meeting. Provided ftirther:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Department Head or other authorized
City management official.
(2) That any such meeting is subject to scheduling by City management in a manner
consistent with operating needs and work schedules.
Nothing provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours under appropriate
circumstances.
Article 10 Confidential Employees
Confidential employees are restricted from representing any employee organization that
represents other employees of the City on matters within the scope of representation. For
example, confidential employees may not disclose information obtained in their job duties to
bargaining unit members unless required by their job. This article does not otherwise limit the
right of confidential employees to be members of and to hold office in CCEA.
The following positions are designated as confidential:
1) Human Resources Department: Administrative Secretary, Human Resources Technician,
Secretary, Senior Office Specialist.
2) City Manager's Office: Administrative Secretary, Secretary.
3) City Attomey's Office: Legal Assistant, Legal Secretary.
4) Finance Department: Administrative Secretary, Accounting Supervisor and Account
Clerk II assigned to payroll responsibilities, Business Systems Specialist, Secretary.
5) Information Technology: Applications Specialist II assigned to position budgeting
responsibilities.
The City may create new confidential positions provided that in the regular course ofthe
position's duties, the employee:
• Has regular contact with files and correspondence related to management's positions and
policies related to contract negotiations, and/or
• Assists or acts in a confidential capacity or who formulates, determines and effectuates
management's policies within the scope of employee-employer relations, and/or
• Has normal access to confidential information contributing significantly to the
development of management's policies within the scope of employer-employee relations
In such cases, the City will notify the Association of the proposed new confidential position and
provide the Association with the job specifications of the new position prior to its
implementation.
Article 11 Payroll Deductions/Agency Shop
A. The City shall withhold deductions in amounts designated by CCEA members providing
changes do not occur more frequently than once each fiscal year.
B. AGENCY SHOP
All bargaining unit employees are required to be dues paying members of the Association, or pay
a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a
designated charitable organization.
1.0 Covered Employees
All employees covered by the Memorandum of Understanding between the City and the
Association are considered covered employees under this Article.
2.0 Agency Fee
2.1 The amount of the agency fee will be determined aimually by the Association in
accordance with Govemment Code section 3502.5. It will not exceed the standard initiation fee,
period dues, and general assessments of the Association.
2.2 At least thirty (30) calendar days prior to any increase in the amount ofthe fee,
and aimually thereafter, each employee covered by this Agreement will receive written notice
from the Association indicating:
2.2.1 The amount of the agency fee (expressed as a percentage of the aimual
dues per member based upon the chargeable expenditures identified in the notice);
2.2.2 The basis for the calculation of the agency fee, which will be supported by
an independent audit;
2.2.3 A statement informing the employee about the existence of the
independent audit and its availability to the employee upon request; and
2.2.4 The procedure for appealing all or any part of the agency fee.
2.2.5 The Association will also provide the notice referenced in this section and
a copy ofthe Association bylaws to Human Resources to be given to new employees at their
orientation.
2.2.6 The Association's appeal procedures shall comply with the requirements
established by State and Federal law.
3.0 Escrow of Agency Fees in Dispute
3.1 The Association will open an account in an independent financial institution in
which to place in escrow agency fees collected from employees who have made timely
objections under the Association's appeal procedures.
3.2 The escrowed agency fees will not be released until after either:
3.2.1 Mutual agreement between the objecting employee and the Association
has been reached on the proper amount of the agency fee; or
3.2.2 A final decision has been rendered by the impartial decision maker (or the
courts, if judicial review is sought under Code of Civil Procedure section 1094.8).
3.3 The Association will pay interest at the prevailing rate on all rebated fees.
4.0 Religious Exemptions
In lieu of paying the agency fee, an employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining or financially supporting public
employee associations may pay an amount equivalent to the agency fee to one ofthe following
nonreligious, non-labor charities:
United Way
Special Olympics
Carlsbad Educational Foundation
The employee must provide proof of payment to the City and the Association on a nionthly
basis. The Association may also require the employee to provide the Association with proof of
membership or of continued membership in the religion, body, or sect upon which the religious
exemption is based.
5.0 Payroll Deduction Process
5.1 In the event an employee submits an objection to the amount of the agency fee or
there is a dispute regarding the employee's religious exemption claim, the employee will be
informed that an amount equal to the agency fee will be deducted from the employee's salary
and placed in an escrow account referred to in section 3.0 above pending the final determination
ofthe objection or validity of the exemption. At the conclusion of the process, the escrowed
funds will be disbursed appropriately.
5.2 If, after deductions commence, a dispute arises between the employee and the
Association over the amount or propriety of the agency fee, deductions will continue to be made
and the disputed fees will be placed in an escrow account in accordance with section 3.0 above.
5.3 All other legal and required deductions (e.g., payroll taxes, income taxes, health
care premiums) have priority over agency fee deductions. No agency fee deduction will be made
from an employee's paycheck unless the employee's eamings are sufficient to cover the agency
fee after all other legal and required deductions are made.
5.4 If there is a non-disputed change in the exclusive representative for all or a
portion ofthe covered employees, the City will transmit the agency fees deducted from the
paychecks of those employees to the new representative without intermption. If there is a
disputed change in the exclusive representative for all or a portion of the covered employees, the
City will place the agency fees deducted from the paychecks of those employees in an interest-
bearing accounting pending final resolution of the dispute.
6.0 Records and Reports
The Association will keep itemized records of its financial transactions. In addition, annually,
within sixty (60) calendar days after the end of its fiscal year, the Association will make
available to the City and to all represented employees a detailed written financial report in the
form of a balance sheet and an operating statement, certified as to accuracy by its president and
treasurer or corresponding principal officer, or by a certified public accountant.
7.0 Indemnification
The Association agrees to defend, indenmify and hold the City (including its Water District and
Redevelopment Agency and their officers, employees, agents, and elected or appointed officials)
harmless from all claims, demands, losses, damages, disputes, obligations, liabilities, expenses
(including attomey fees), or other actions arising out of or relating to this Agreement or the
agency shop arrangement.
Article 12 Compensation Adiustments
Effective the pay period that includes March 1. 2013. the City shall implement an across the board base
salary increase for each represented classification of three percent (3%). Retroactive compensation shall
be paid only for employees employed by the Citv as of the first full pay period after Council approval of
this MOU. This salary increase shall result in salary ranges moving three percent (3%).
Effective the pay period that includes January 1. 2014. the City shall implement an across the board base
salary increase for each represented classification of three percent (3%). salary ranges will not move due
to this salary increase. The City shall also implement on January 1. 2014 a Pay for Performance System
as outlined in Article 5^4 of this Memorandum. With the implementation of that system, salary ranges
will not automatically move and step and longevity increases will cease. Those employees who cannot
receive the January 1. 2014 three percent (3%) salary increase while staying within the existing salary
range, as shown in Attachments A2 and C2 will receive a base building increase up to the range
maximum and the balance as a stipend in the pay period that includes January 1. 2014.
The pay for performance base pay matrix (described in Article 54) for 12/31/2014 will be funded at four
percent (4%).
During the term of this Memorandum, there shall be no general salary adjustments.
The City will continue its practice of periodically reviewing classification specifications and
salaries.
Article 13 Distribution of Paychecks
CCEA employees are not required to receive payroll funds through electronic deposit.
Employees who provide written authorization for such electronic deposit, shall receive a
Statement of Eamings (pay stub) through an electronic pay system. The electronic pay system
will permit employees to view/print current and previous bi-weekly pay stubs. The Employer
will provide training for all employees, as necessary in the use ofthe electronic pay system.
For those employees who do not provide v^itten authorization for an electronic deposit of their
payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the
Friday following the electronic pay date or as soon as administratively possible if there is not an
Accoimts Payable check run that Friday. Payroll will be mailed to the last known address on file
with the Human Resources Department. It shall be the responsibility of the employee to update
their address of record with the Human Resources Department as required.
The City shall make every reasonable effort to resolve payroll errors during the next pay period,
and to provide additional sums (when warranted) with the following payroll.
The City agrees to meet with the CCEA at mutually acceptable times and places to review
payroll related problems affecting more than one bargaining unit member.
Article 14 Overtime
1. Overtime
Any employee required to perform in excess of forty (40) hours in a seven (7) day cycle
and/or in excess of an employee's scheduled work day shall receive compensation at the
rate of time and one-half his/her regular rate of pay, except as outiined in Section 2
below. The regular rate of pay shall be calculated in conformance with the FLSA. ^
In determining an employee's eligibility for overtime, paid leaves shall be included in the
total hours worked. Excluded from the total hours worked are duty free lunches, travel
time to and from work, and time spent conducting bona fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any
workday or workweek on which premium rates have once been allowed shall not be used
again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Request for Temporary Shift Adjustment (Flex Time)
An employee may request that the employee's normal workday be temporarily altered in
order to accumulate a credit of work hours that may be used to take time off during the
employee's FLSA work week and same pay period without loss of pay. If the request is
approved by management, pay for hours worked during this temporary shift adjustment
shall be paid at the straight time rate. The FLSA work week for employees on a 9/80
schedule begins four (4) hours after the regularly scheduled starting time for their Friday
shift and ends one hundred sixty eight (168) hours later (at four (4) hours after the
regularly scheduled starting time for their Friday shift). For all others the work week is
from Monday at 12:00 a.m. to Sunday at 11:59 p.m.
3. Call Back Pay
Call back duty occurs when an employee is ordered to retum to duty on a non-regularly
scheduled work shift. Call back does not occur when an employee is held over from
his/her prior shift or is working prior to his/her regularly scheduled shift. An employee
called back to duty shall be credited with a minimvim of two (2) hours work commencing
at the time ofthe page, except an employee shall not be entitied to said minimum if the
assignment has been scheduled in advance and the employee is provided with at least
seven (7) calendar days notice of said assignment. The two (2) hour minimum also will
not apply if the work is performed on the phone or remotely via computer and takes 30
minutes or less to complete, in which case the employee shall be credited for a minimum
of thirty (30) minutes work.
4. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect,
subject to department approval, to receive compensatory time off on a time and one-half
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basis. No employee shall accme more than eighty (80) hours of such compensatory time.
Should any employee exceed eighty (80) hours of accmed compensatory time, he/she
shall be paid at time and one-half his/her regular rate.
An employee may use such compensatory time within a reasonable period after making
the request if the use of compensatory time does not imduly dismpt the operations ofthe
department.
At any time an employee may elect to "cash out" any portion of his/her accmed
compensatory time balance at his/her regular rate of pay by requesting this "cash ouf on
his/her time card.
5. Overtime Authorization
All overtime requests must have the prior authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible,
explicit verbal authorization must be obtained. Calls for service beyond the end of duty
time are considered as authorized.
6. Clothes Changing
Employees are not authorized to wear their uniforms or any part thereof that is
distinguishable as such unless on duty. Each employee is provided with a locker for
his/her oyvn personal convenience. An employee may or may not utilize the locker for
storage and changing purposes at his/her ovm discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence and work.
Nothing herein prevents an employee from wearing his/her imiform while conducting
personal business during lunch time.
Time spent in changing clothes before or after a shift, is not considered hours worked and
is not compensable in any maimer whatsoever.
7. Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to
Code of Federal Regulations (CFR), Section 785.27, et seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to
CFR Section 785.33, et seq.
When feasible, the Department will adjust the employee's work schedule to minimize the
impact of travel and training time.
Travel time to and from local work-related training either before, during or after
regularly scheduled work hours shall be compensated for all CCEA employees regardless
of whether the employee is a driver or passenger. For the purposes of this section,
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"local" refers to work related training taking place in San Diego, Imperial, Orange,
Riverside, San Bernardino and Los Angeles Counties.
8. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be
compensated in any manner whatsoever for such travel time in the City vehicle. Refer to
Administrative Order No. 3 for more information regarding use of City vehicles.
This provision also applies in those situations where the radio must be left on and
monitored.
9. Court Pay
When an employee is physically called to court for City-related business, while off duty,
he/she shall be credited on an hour for hour basis for the time actually spent in court. An
employee shall be credited with a minimum of two (2) hours for the court appearance.
Travel time shall not be considered hours worked and shall not be compensated in any
manner whatsoever.
10. Standby Pay
"Standby assignmenf requires an employee to:
a. Review and confirm receipt of the standby assignment schedule within the
deadlines established by the applicable department;
b. Wear a City-provided pager and carry a City-provided cellular phone during
standby assignment;
c. Respond to a page by telephone promptly without delay. If an employee has
arranged for another employee to respond, the employee must notify the
supervisor, the department, and dispatch of the name of the substitute employee
who will respond. Thereafter, callback shall be handled in accordance with each
department's standby/callback policy;
d. Each department's standby/callback policy shall be developed and submitted to
Association representatives for meeting and conferring. In addition, the City shall
provide training for the supervisors and managers responsible for
administering departmental standby/callback policies and shall also provide
orientation for all employees subject to the standby/callback policies;
e. Abide by the City's Alcohol and Dmg Policy as specified in Article 40 of this
agreement during standby assignment; and abide by the mles and regulations set
forth by the Department of Transportation (DOT);
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f Wear appropriate clothing, safety equipment, and any other form of City
identification as defined by the department when making a callback response
from standby assignment;
g. Accept $30.00 per day for each day on standby assignment.
h. Acknowledge and agree that time on standby assignment is not considered to be
compensable work time for purposes of the Fair Labor Standards Act (FLSA);
provided, however, (1) individuals have not waived any rights they may have
outside of this contract under the FLSA; and (2) neither the fact of these
negotiations nor the changes negotiated in this agreement shall be used by either
party or by any individual to the prejudice of the other party in any grievance or
complaint outstanding as of the time of this agreement.
Article 15 Working Out of Classification
Whenever the needs ofthe City require an employee to temporarily perform the duties of a
higher classification than that in which the employee is currently employed for a period of more
than twenty-one (21) calendar days, the employee shall receive additional pay. In such cases, the
employee shall be paid at an appropriate level which will assure an increase of not less than five
percent (5%) greater than the salary of his/her current positionsalary.
No employee shall be required to perform any of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department Head. Exceptions to
the minimum qualifications criteria may be recommended by the affected Department Head on a
case by case basis. If the employee does not meet the minimum qualifications for the higher
classification he/she shall receive not less than 2.5% additional pay.
The additional pay shall commence on the twenty-second (22""^) calendar day following the
temporary reassignment of the performance of duties of the higher classification. The
recommendation that an employee be required to perform duties of the higher classification shall
be placed in yvriting by the affected Department Head and submitted to the Human Resources
Director for approval. The employee assigned to perform the duties of a higher classification
shall not serve for more than one hundred and eighty (180) calendar days in a higher
classification unless approved by the City Manager or his/her designee.
A person appointed in an acting capacity shall be eligible to receive merit increases in his/her
regular position during the acting appointment. The Human Resources Director shall obtain the
employee's consent for the temporary performance of any of the duties ofthe higher
classification beyond a period of twenty-one (21) calendar days, prior to the employee's
assuming or continuing the duties and additional compensation, which consent shall clearly state
that it is understood that a reduction in salary shall be effected to his/her original salary rate upon
the expiration ofthe need for the performance of the duties of the higher classification.
The Association may present to the Human Resources Director specific facts which support that
an employee is performing the duties of a higher classification. The Human Resources
Department will conduct a study and provide the Association with the findings ofthe
classification study. Should the study determine the duties to be of a higher, lower or
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comparable existing classification, a proposed solution to the situation will be offered. The
proposed solution may include, among other altematives, that the work be managed in an
altemative manner or that the position be reclassified to reflect the work being performed. The
reclassification of a position will be approved in accordance with the personnel mles.
Article 16 Injured on Duty
Occupational Sick Leave is leave with pay that is granted to employees who have sustained a
work related injury or illness and are temporarily disabled from work.
Any general employee that sustains a work related injury or illness and becomes temporarily
disabled from work as a result, may receive their full salary, in lieu of the State mandated
temporary disability benefit, for a period of up to forty-five (45) calendar days for any single
incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-
existing occupational injury or illness will be treated as such and not as a new injury. In this
situation, the employee will not be entitied to any occupational sick leave benefit which exceeds
the original maximum of forty-five (45) calendar days. The City reserves the right to determine
whether occupational sick leave will be granted. Granting of occupational sick leave will be
subject to the same procedures and standards (including prcidesignated physicians, resolution of
disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers' compensation
matters and/or FMLA/CFRA matters.
An employee who is still temporarily disabled after the forty-five (45) calendar days have been
exhausted will be paid at the rate established by the Califomia Labor Code for such disabilities.
However, the City shall supplement the State rate, up to the employee's full salary level, by
utilizing any vacation, sick, or compensatory leave that the employee has accmed. Once the
employee's accmed leave has been exhausted, the employee will be compensated at the State
rate for the balance of the temporary disability period.
Wages alone will be the basis of computation for occupational sick leave.
Article 17 Bilingual Pay
The City will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of bilingual
skills. The determination of the number of persons/positions to be designated as bilingual is the
sole discretion of the City.
In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test
in the Spanish language as determined appropriate by the City.
This Article shall not be subject to the grievance procedure.
Article 18 Uniforms and Equipment
A. The City shall continue to provide and maintain uniforms in the maintenance
departments.
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B. Employees shall be responsible for proper care and maintenance of uniforms.
C. Except for reasonable travel time to and from work, uniforms shall not be worn outside
the context of performing maintenance functions while on duty or as otheryvise acting as
an agent of the City.
D. The City shall continue to purchase safety boots or safety shoes for classifications as
determined by the City. The City shall establish, subject to consultation with the affected
employees, a voucher system to purchase safety footwear from City-approved vendors.
Individual acquisitions made outside the voucher system must be pre-approved for
reimbursement after review by the employee's supervisors.
Acquisition of safety footwear shall be limited to a maximum of two (2) times per year
not to exceed a cost of one hundred fifty dollars ($150) per acquisition. In special
circumstances as determined and pre-approved by the employee's supervisor, safety
footwear acquisition requiring an expenditure over one hundred fiftv dollars ($150) may
be made one (1) time per year, not to exceed a cost of two hundred dollars ($200).
E. The City will reimburse any employee who is required to wear safety glasses and/or
goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of
prescription lenses for such glasses and/or goggles, subject to the following conditions:
1. The employee must present an appropriate receipt;
2. Reimbursement is for lenses only and not for eye examination, treatment or visits
to an optometrist or optician;
3. The City will provide reimbursement only for glasses and/or goggles if the
prescription has changed or if glasses and/or goggles have been damaged; and
4. Glasses and/or goggles for which the City has provided reimbursement shall only
be used while performing work for the City.
F. Value of Uniforms reported to CalPERS
The City shall report the biweekly amount of $1.92 as special compensation related to the
monetary value of the required uniforms for employees in the following positions:
1. Building Maintenance Worker l/ll
2. CMWD Constmction & Maintenance Worker II
3. CMWD System Operator II
4. CMWD Water Conservation Specialist
5. Cross Connection Control Technician
6. Custodian /Custodian II
7. Environmental Specialist I/II
8. Equipment Service Worker
9. Equipment Technician I/II
10. Lead Equipment Technician
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11. Maintenance Aide in the Parks Division
12. Maintenance Worker in Parks and Streets Departments
13. Meter Services Worker I/II/III
14. Park Maintenance Specialist
15. Park Maintenance Worker II/III
16. Sanitation Systems Operator I/II/III
17. Scada Technician
18. Senior Building Maintenance Worker
19. Senior Cross Connection Control Technician
20. Senior Environmental Specialist
21. Storm Drain Maintenance Worker
22. Street Maintenance Worker I/II/III
23. Tree Trimmer I/II
24. Tree Trimmer Leadworker
25. Utility Worker I/II/III
26. Warehouse Technician
27. Water Conservation Specialist
28. Water Systems Operator I/II/III
Under PEPRA, this benefit does not apply to new members.
Article 19 Tool Reimbursement
This article applies only to eligible employees in the following job classifications who fumish
their oyvn tools as a condition of employment: Lead Equipment Technician, Equipment
Technicians and Equipment Service Workers.
Employees in the job classifications mentioned are required to provide their oyvn tools on the job
as a condition of employment. The employees are further eligible to receive a cash tool
reimbursement provided that the conditions for receiving the reimbursement are met.
Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of
the City facility or some other catastrophe or accident not due to the employee's negligence or
fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all
the tools in the employee's possession at work, including those tools over and above the
"essential tool list," must be on file with the Superintendent. The City has the right to request
that a specialized tool(s) not be kept in the employee's inventory.
The City will reimburse the employees in the above classifications up to five hundred fifty
($550) dollars in a fiscal year for the cost of tools, subject to the following conditions:
1) The employee must present an appropriate original receipt;
2) Such reimbursement will be paid only once during the fiscal year, by September 30, and
cannot be accumulated from year to year.
Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar
maximum, will be incorporated into the employee's regular payroll check and treated as taxable
income.
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It is the responsibility of the Management to direct the administration of the tool reimbursement
and:
A. Provide a list of "essential tools" which define the ftiU inventory of tools required for
employees to be eligible for tool reimbursement.
B. Recommend revisions to the "essential tools" and to meet the requirements of current
skilled trades technology.
C. Informally agree with members of the shop when considering adding tools to the
"essential tool list."
Employees receiving a tool reimbursement shall allow inspection of personal tool box by
supervisor to verify outfitting of tools. The eligible employee during each work shift must have
all the tools listed as "essential tools." Failure to keep said tools on site yvill result in the tool
reimbursement being withheld from the individual until such time as the employee comes into
possession of all "essential tools."
The appropriate supervisor during the month of August will:
A. Review the personal tool inventory as meeting the requirements of "essential tools."
B. Provide a recommendation to the Superintendent of an altemate tool as a substitute for
the tool listed on the "essential tools" list on an item-by-item basis.
In September of each year, the Superintendent shall prepare the necessary payable documents to
provide for payment of the tool reimbursement to eligible employees.
Article 20 Longevity Pay
1. Salary Step 6 shall apply to any range in the Salary Plan to provide for a five percent (5%)
increase of base salary for only miscellaneous employees who have attained five (5)
continuous years of service in the City of Carlsbad at Step 5 of the same salary range in the
Salary Plan. In any case where an employee is promoted and moves from the employee's
existing class to another class, allocated to a higher range of compensation, the employee
shall be advanced to the lowest step in such higher range which will provide a at least a five
percent (5%) salary increase.
2. Salary Step 7 shall apply to any range in the Salary Plan to provide for a two and one-half
percent (2-1/2) increase of basic salary for those miscellaneous employees who, have
attained five (5) continuous years of service in the City of Carlsbad at Step 6 of the same
salary range in the Salary Plan. Eligibility for Salary Step 7 is contingent upon the employee
being approved for such salary step by the employee's Department Head.
3. Failure ofthe Department Head to approve a longevity increase shall not constitute grounds
for submission of a grievance or an appeal to a hearing officer. In any case where an
employee is promoted and moves from the employee's existing class to another class
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allocated to a higher range of compensation, the employee shall be advanced to the lowest
step in such higher range which will provide at least a five percent (5%) salary increase
unless this causes the employee's salary to exceed the maximum of the new salary range.
Upon implementation of the pay for performance system on January 1, 2014, no employees shall
receive step increases or longevity increases. The new salary range maximums on January 1,
2014 will include the longevity maximums.
Article 21 Vacation
Every probationary and regular full time employee shall accme vacation leave for each calendar
year of actual continuous service dating from the commencement of said service, with such time
to be accmed on a daily (calendar day )_basis.^ Vacation leave can be used in 15 minute
increments.
A. Basis of Accmal
Accmal of vacation begins with the first working day following appointment and
thereafter accmes on a daily basis^. The following shall be the annual vacation leave
schedule:
Beginning with the first (1 st) working day through the completion of five (5) full
calendar years of continuous service - 13 minutes/day.
• Beginning the sixth (6th) year of employment through the completion often (10)
full calendar years of continuous service - 20 minutes/day.
• Beginning the eleventh (11th) year of employment through the completion of
eleven (11) fiill calendar years of continuous service - 21 minutes/day.
• Beginning the twelfth (12th) year of employment through the completion of
twelve (12) full calendar years of continuous service - 22 minutes/day.
• Beginning the thirteenth (13th) year of employment through the completion of
thirteen (13) full calendar years of continuous service - 24 minutes/day.
• Beginning the fourteenth (14th) year of employment through the completion of
fifteen (15) full calendar years of continuous service - 25 minutes/day.
• Beginning the sixteenth (16th) 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.
B. Vacation Accmal Maximum
All employees shall be entitled to cam and accme up to and including three himdred and
twenty (320) hours of vacation, and no employee will be allowed to eam and accme
vacation hours in excess of the three hundred and twenty (320) hour maximum.
Department Heads shall encourage the taking of accmed vacation leave. If there are
unusual circumstances that would require an employee to exceed the vacation accmal
maximum, he/she must submit a request in writing to the Department Head and the City
Manager. The Department Head and the City Manager may grant such 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.
C. Vacation Conversion
Once in each Febmary ,during a pay period to be determined by the City Manager or
his/her designee, employees will be allowed to voluntarily convert up to eighty (80) hours
of accmed vacation to cash, provided that they have used at least eighty (80) hours of
vacation during the prior calendar year^.
D. Effects of Holiday on Vacation Leave
In the event one or more authorized municipal holidays fall within a vacation leave, such
holiday shall not be charged as vacation leave, but shall be credited as a holiday. This is
subject to the provisions in Article 2^22 (Holidays).
E. Effect of Leave of Absence on Accmal of Vacation Leave
An employee's accumulation of vacation leave will cease after the completion of two (2)
full scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accmal yvill be reinstituted beginning the first day the
employee has retumed to work.^
F. Compensation for Citv Work During Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity,
except compensation for mandated court appearances, during the time of his/her paid
vacation leave from City service. This clause shall not limit the City's right to recall an
employee from vacation in the event of an emergency and place him/her on regular pay
status.
G. Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year,
contingent upon determination by his/her Department Head that such absence will not
materially affect the department. Each employee must consider the needs ofthe service
when requesting annual vacation leave. An employee shall normally provide one week
notice in advance of the day(s) he/she is requesting vacation time off When a family
emergency arises which necessitates the use of vacation time, an employee shall provide
as much advance notice as possible considering the particular circumstances.
H. Terminal Vacation Pay
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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 22 Holidays
A. Authorized Holidays
The City shall observe: eleven (11) scheduled paid holidays plus two (2) floating
holidays for employees assigned to eight-hour-per-day-five-days-per-week workweeks
and employees participating in the 9/80 altemative work schedule. The City shall
observe^and: eleven (11) scheduled holidays for employees assigned to ten-hours-per-
day-four-days-per-week workweeks. The floating holiday may be used at the discretion
of the employee with prior approval of the Department Head.
The scheduled paid holidays that will be official City holidays shall be as follows:
New Year's Day Columbus Day
Martin Luther King's Birthday Veteran's Day
President's Day Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day Two (2) Floating Holidays per fiscal year
Effective 7/1/2014, one floating holiday will be eliminated for all employees who currently
receive them (currentiy, employees on a 4/10 work schedule do not receive floating holidays).
B. Procedure if Holiday Falls on Saturday or Simday
For those employees whose normal work week is Monday through Friday, when a
holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a
holiday falls on a Sunday, the following Monday shall be observed as a holiday.
The City shall annually develop and publish a holiday schedule which will identify the
speciflc days on which the above holidays will be observed as official City holidays-and-
which days will not be observed for employees on ten hours per day four day per week
workweeks.
C. Employees Required to Work on Holidays
1. Any employee who shall be required to work on any holiday which he/she is
entitled to take off under the provisions hereof shall receive compensation
therefore at the rate of time and one-half their FLSA regular rate for actual hours
worked plus eight (8), nine (9), or ten (10) hours of holiday pay, as applicable.
All employees who are entitied to be absent on any holiday, and who in fact are
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absent, shall receive full compensation^ therefore^ at the straight time rate on the
next scheduled work shift.
2. Those employees whose work schedules and assignment of duties require them to
work on an authorized holiday shall receive eight (8), nine (9), or ten (10) hours
of holiday pay, as applicable, for such work week at the same rate of pay at which
they are employed, in addition to their normal pay for the time worked.
D. Employees Whose Regular Day Off Falls On a Holiday
If a holiday occurs on a day which is the employee's regular day off he/she shall be
entitied to holiday pay in the amount of eight (8), nine (9), or ten (10) hours, as
applicable, at straight time.
E. Employees on Leave
Only employees who are on paid status on their last scheduled work day before a holiday
shall be entitled to the paid holiday except where otherwise required by law.
F. Effect of Sick Leave on Holiday Pay
An employee whose work schedule and assignment of duties require him/her to work on
an authorized holiday and who calls in sick on that work shift shall be paid eight (8), nine
(9), or ten (10) hours as applicable of holiday pay and shall also be charged for the
appropriate use of sick leave.
Article 23 Sick Leave
Sick leave can be used in 15 minute increments.
A. Accmal
Every probationary and regular full time employee shall accme sixteen (16) minutes sick
leave with pay for each calendar day of actual continuous service dating from the
commencement of said service, with such time to be accmed on a daily (calendar day )
basis.^ Such accmals shall be cumulative. An employee shall not receive payment for
unused sick leave accumulated to his/her credit upon termination, whether volimtary or
involtmtary.
Sick leave shall not be considered a right which an employee may use at his/her
discretion. Sick leave shall be allowed as follows:
1. In the case of actual illness or disability that is not job related.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
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3. A pre-scheduled doctor, dental, or optometry appointment has been approved by
the employee's direct supervisor.
4. Because illness of a member of the inunediate family requires constant care and
no other care is available and/or financially feasible except that ofthe employee.
Immediate family is defined in Article 24, Bereavement.
5. All leave provisions will be administered consistent with state and federal laws.
B. Proof of Illness
In order to receive compensation while absent from duty on sick leave, the employee
must notify his/her immediate supervisor prior to the time set for the beginning of his/her
regular duties. The Department Head may request a certificate issued by a licensed
physician or other satisfactory proof of illness when abuse is suspected and/or when sick
leave use is in excess of three (3) consecutive work days. The Department Head may also
designate a licensed physician to conduct a physical examination, and such examination
shall be conducted at City expense. Employees shall be required to account for all hours
they are requesting as sick leave by completing an absence request. Violation of sick
leave privileges may result in disciplinary action and/or loss of pay when in the opinion
ofthe Department Head the employee has abused such privileges.
C. Effect of Leave of Absence
An employee's accumulation of sick leave will cease after the completion of two (2) full
scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accmal will be reinstituted upon retum to work.^
D. Blood Donations
Employees making a donation of blood without charge will be given reasonable time off
for that purpose. No charge will be made against accmed leave when such absence is
approved in advance by the supervisor.
E. Effect of Holidays on Sick Leave
In the event one or more authorized municipal holidays fall within a sick leave, such
holiday shall not be charged as sick leave, but shall be credited as a holiday. This is
subject to the provisions in Article 21-22 (Holidays).
F. Sick Leave Conversion
Any permanent employee who has accmed and maintains a minimum of one hundred
(100) hours of sick leave shall be permitted to convert up to twelve (12) days of
accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days
per one (1) day of vacation. The sick leave conversion option will be provided during the
first week of each fiscal year. Employees will not be allowed to convert sick leave to
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vacation if such conversion would put them over the vacation accmal maximum of three
hundred and twenty (320) hours.
Any permanent employee applying for retirement with the Public Employees' Retirement
System may convert accmed and imused sick leave time to extend service time in the
system at the ratio of twenty-five (25) days of accmed sick leave to one month of
extended service.
Article 24 Bereavement Leave
A. An employee shall be granted, upon written request, up to three work shifts of paid
bereavement leave if required to be absent from duty due to the death of a member ofthe
employee's immediate family. Additional time off may be authorized by the Department
Head and charged to accrued vacation or sick leave or, when no accmed leave is
available, treated as leave without pay.
The "immediate family" shall be defmed in the personnel mles and regulations.
B. The employee may be required to submit proof of relative's death before final approval
of bereavement leave is granted.
Article 25A Family and Medical Leave Acts
The parties acknowledge the existence of the state and federal family and medical leave acts
("the Acts") and intend to apply and implement this Memorandum of Understanding so as to
comply with the Acts. As to employees who are entitied to family and medical leave imder the
Acts, the City will apply "Article 25B Leave of Absence," as modified to comply with greater
benefits and protections, if any, that are provided in the Acts. The parties agree to consult if
compliance with the Acts may hereafter require modifying the provisions of this Memorandum
of Understanding.
Article 25B Leave of Absence
1. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of his/her Department Head for less than two calendar weeks. If the
duration ofthe leave of absence will be longer, the approval ofthe City Manager
or his/her designee is required.
An employee shall utilize all his/her vacation, compensatory time off and/or sick
leave (if applicable) prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
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2. To take a course of study which will increase the employee's usefulness
on retum to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department
Head.
B. Authorization Procedure
Requests for leave of absence without pay shall be made in yvriting 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 his/her Department
Head, and, if applicable, shall be promptly transmitted to the City Manager or
his/her designee for approval. A copy of any approved request for leave of
absence without pay with a duration equal to or greater than two calendar weeks
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
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 his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans
to retum. The Department Head shall promptly notify the Human Resources
Department 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
A pro-rata 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
salary anniversary date and calculation of fiill-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
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received compensation due to a leave of absence without pay. Accmal will be
reinstituted beginning the first day the employee has rettimed to work.^
F. Leave Without Pav - Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits
by reimbursing the City for the employee's costs of insurance on a monthly basis
during the period ofthe 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.
Upon the employee's retum to paid status, any sums due to the City shall be
repaid through payroll deductions. This applies to sums due for insurance as well
as other payment plans entered into between the City and the employee (e.g.,
computer loan).^
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all ofthe privileges
granted to regular employees (e.g., holiday pay), unless required by law.
G. Comprehensive Leave Policy - CCEA and the Citv agree to a reopener during the
life of this contract to talk about a comprehensive Citv-wide Leave Policy that
clarifies practices related to paid/unpaid leaves of absence.
2. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with
the provisions of State and Federal law. An employee disabled by pregnancy shall be
allowed to utilize a combination of accmed sick leave, vacation, compensatory time and
leave without pay to take a leave for a reasonable period of time, not to exceed four
months. An employee shall utilize all accmed leave, except compensatory time off, prior
to taking leave without pay. Reasonable period of time means that period during which
the employee is disabled on account of pregnancy, childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice ofthe date the leave shall commence and the estimated duration ofthe
leave.
Article 26 Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federal law.
The employee must fiimish satisfactory proof to his/her Department Head, as far in advance as
possible, that he/she must report to military duty.
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Article 27 Jury Duty
When called to jury duty, an employee, having provided at least seven (7) calendar five working
days written notice, shall be entitled to his/her regular compensation. 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 28 Rest Periods
All CCEA represented employees shall receive, at the direction of the respective department, two
(2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half
shift. Employees working in the field shall take, at the direction of the department, rest periods
at or nearby the work site or retum to their department for rest. Rest time is not cumulative
beyond the half scheduled work day within which the break period occurs.
Article 29 Late Starts
An employee who is tardy to work shall be formally counseled by his/her supervisor. Tardiness
may cause the employee's pay to be docked. Such docking shall be done by rounding to the
nearest quarter hour. An employee may not substitute accmed compensatory time, vacation,
holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break
period or lunch period.
Article 30 Flexible Classifications
An employee hired into one of the listed entry level positions shall be reclassified to the joumey
level position following twelve (12) months of successful service in the entry level position and
upon meeting joumey-level requirements, if any, as established by the City. Any City-
established requirements must be identified in the classification description. The employee shall
be placed at the nearest step of the joumey level salary range which represents a minimum five
percent (5%) salary increase.
Entry Level Position Joumey Level Position
Accoimt Clerk I Account Clerk II
Technician I Building Technician II
Engineering Technician I Engineering Technician II
Library Assistant I Library Assistant II
Maintenance Worker I Park Maintenance Worker II
Maintenance Worker I Street Maintenance Worker II
Meter Services Worker I Meter Services Worker II
Office Specialist I Office Specialist II
Planning Technician I Planning Technician II
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Police Records Specialist I Police Records Specialist II
Tree Trimmer I Tree Trimmer II
An employee hired into one of the entry level positions listed below shall be reclassified to the
joumey level position following twenty-four (24) months of successful service in the entry level
position and upon meeting joumey-level requirements, if any, as established by the City. Any
City-established requirements must be identified in the classification description. The employee
shall be placed at the nearest step of the joumey level salary range which represents a minimum
five percent (5%) salary increase.
Entry Level Position Joumey Level Position
Building Inspector I Building Inspector II
Code Enforcement Officer I Code Enforcement Officer II
Inspector I Inspector II
Equipment Technician I Equipment Technician II
Librarian I Librarian II
Utility Worker I Utility Worker II
Waste Water Utility Worker I Waste Water Utility Worker II
Sanitation Systems Operator I Sanitation Systems Operator II
• Employees who are currently in the Librarian I/II classification will be reclassified to the
new Librarian Classification (Salary grade 55) and if their current salary is above the
Librarian salary range, their salary will be y-rated.
• Employees who are y-rated will remain at current salary and will not be eligible for
salary increases until the salary range for 55 exceeds the salary of the y-rated employee.
At that time, the y-rated employee shall move to the closest step on the salary range that
is in excess of their y-rated salary. The 2013 and 2014 salary increases shall apply to
these y rated employees.
• Those employees who cannot receive the 3% increase while staying within the salary
range will receive a base building increase up to the range maximum and the balance as a
stipend in the pay period that includes January 1, 2014.
• Within 30 calendar days of the ratification of this Memorandum, an internal recruitment
will be opened for the lead position and (also within 30 calendar days) CCEA will be
notified how many lead librarian positions will be filled, the timeline for when they are
projected to be filled and where they will be assigned.
Librarian I/II who are not y rated under this proposal shall be moved to the closest but
higher step on range 55 and shall remain eligible for step increases in 2013 on their
anniversary date and may be placed on a longevity step even if they otherwise would not
qualify for longevity pay.
Article 31 Flexible Start Hours
CCEA represented employees, with advance Department Head approval, may alter their starting
time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke
the flexible start time at any time and retum the employee to regular working hours for that
particular department. An employee shall receive fourteen (14) calendar days notice, imless
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extenuating circumstances preclude such a notice, prior to revocation of flexible start hours.
This article is not subject to the grievance procedure.
Article 32 Flexible Work Schedules
Employees hired on or after December 23, 1991, by departments/divisions currentiy operating on
an altemative work schedule shall be subject to having their daily work schedule changed at the
sole discretion of the department. Such changes include, but are not limited to, a) number of
days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c)
starting/ending times of assigned shifts. This article shall not be subject to the grievance
procedure.
9/80 Altemative Work Schedule:
The parties acknowledge that they met and conferred in good faith over the terms and
conditions for implementation of a 9/80 work schedule. The result of that meeting and
conferring is reflected in the City of Carlsbad's Administrative Order No. 57, by which
the parties will control implementation of the 9/80 schedule. This article shall not be
subject to the grievance procedure.
Article 33 Flexible Job Sharing
Two or more employees may, with the express written approval of the City Manager, the Human
Resources Director, and the affected Department Head, participate in a flexible job sharing
program. The specifics of such a program shall be determined by the employees and the City on
a case by case basis. Prior to implementation of any such program(s), a written agreement
setting forth the specifics ofthe program shall be signed by the affected employees and the City.
This article shall not be subject to the grievance procedure.
Article 34 Health Insurance/Flexible Benefits Program
A. Flexible Benefits Program
Employees represented by CCEA 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.
A. Medical Insurance
Al. Employees represented by CCEA 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 C 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 through CalPERS. Effective the pay period that
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includes March 1, 2013,Upon ratiflcation of tho MOU between tho City and CCEA,
prospectively only, the City will contribute the following monthly amounts (called
Benefits Credits) on behalf of each active CCEA employee and eligible dependents
toward the payment of 1) medical premiums under the CalPERS Health Program, 2)
contribution of some or all of the premium for dental coverage or vision coverage and 3)
contributions in the name of the employee to the City's flexible spending account(s):
(a) For employees with "employee only" coverage, the City shall contribute flve
himdred fifty two seventy-eight ($#^578) per month (increased from $552 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 dependenf coverage, the City shall
contribute one thousand twenty sevenninc hundred eighty ($9801,027) per
month (increased from $980 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 threet¥^ hundred fifty-nineteen
($1.2591,319) per month (increased from $1,259 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.
For the remainder of the 2013 calendar year, the increase in benefit credits outiined in
this section will be paid to the employee in cash and reported as taxable income.
A2. Effective upon ratification of this Memorandum by the City Council (prospectively only),
the City shall increase the contributions in (a) (c) above to the amounts indicated. The
amount ofthe increase was determined by 1) taking the average percentage increase for
all ofthe CalPERS HMO health plans for January 1st for the year in question and 2)
adding 50% of this percentage increase to the previous calendar year's monthly City
contribution for each coverage level (rounded to the nearest whole dollar amount) to
determine the new monthly City contribution dollar amoimt.
A3. To provide CCEA members with the value of this increase in Benefits Credits for the pay
periods bctweenthat include the period between JanuaryMarch 1, 20134- and ratification
of this Memorandum by the City Council, the City shall with payroll for the first full pay
period after ratification of this Memorandum by the City Council, make a one-time
taxable (non-PERSable) cash payment equal to the monthly increase in benefits credits
for CCEA members employed by the City on that date. The total cash amoimt will
depend on the number payroll periods in 2014-3 that occur between March 1, 2013 and
ratification of this Memorandum in which Benefits Credits were applied before
implementation of the Benefits Credits increase resulting from sections Al and A2
above.
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A4. The dollar amount paid by the City for each coverage level (employee only, employee
plus one dependent and employee plus two or more dependents) will be increased in the
first pay period of calendar year 2O122014. The amount of the increase will be
determined by 1) taking the average percentage increase for all of the CalPERS HMO
health plans for January 1^^ for the year in question and 2) adding half of this percentage
increase to the previous calendar year's monthly City contribution for each coverage
level (rounded to the nearest whole dollar amount) to determine the new monthly City
contribution dollar amount.
A5. Under no circumstances will any Effective the first full pay period after ratification ofthe
MOU between the City and CCEA (prospectively only) 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). instead of receiving taxable cash. As of
January 1, 2014, the employee will also have the option of using any "excess credits" to
purchase accidental death and dismemberment (AD&D) insurance.
All active CCEA-represented employees who work three quarter-time or less will receive
prorated beneflt credits.
B. Dental Insurance
Represented 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.
As of January 1, 2014. dental coverage will be optional at any coverage level, regardless
of the employee's medical coverage.
C. Vision Insurance
Represented employees will be eligible to enroll in a City-sponsored vision insurance
plan. Employees may elect to purchase vision insurance or to opt out ofthe vision
insurance program. If the decision is made to purchase vision insurance, a CCEA
represented employee may purchase vision insurance at any level of coverage (employee
only, employee plus one dependent, employee plus two or more dependents).
GD. Retirees
Each retired employee who was a member of this bargaining unit is eligible to be 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, 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
30
required under Govemment Code Section 22892 of the PEMHCA toward the cost of each
retiree's enrollment in the CalPERS Health Program.
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 retiree and eligible dependents shall be home
solely by the retiree. The City shall not charge the COBRA administrative cost to the
retirees. A retiree who does not choose continued coverage upon retirement, or drops
coverage, is only eligible to retum to the City's dental and vision insurance program
during open enrollment periods.
The City will invoice the retiree for his/her monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
E. Opt Out Provision
CCEA represented 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.
Upon rntifirntinn nf the MOU between the City and CCEA (prospectively only) Effective
the pav period that includes March 1, 2013, employees who elect the opt-out provision
will be given a reduced City contribution amount (Benefits Credits) of two hundred
fiftythirty nine ($2^250) per month (increased from $239 per month) to be used toward
the purchase of dental insurance, vision insurance, e^as a contribution to a flexible
spending account or as cash (reported as taxable income). As of January 1, 2014, the
employee will also have the option of using any "excess credits" to purchase accidental
death and dismemberment (AD&D) insurance. The City contribution amount of two
hundred thirty nine fifty($23^250) 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).
The dollar amount paid by the City for employees who elect the opt-out provision will be
increased in the first pay period of calendar year 20122Q14. The amount of the increase
will be determined by 1) taking the average percentage increase for all ofthe CalPERS
HMO health plans for January 1st for the year in question and 2) adding half of this
percentage increase to the previous calendar year's monthly City contribution for each
coverage level (rounded to the nearest whole dollar amount) to determine the new
monthly City contribution dollar amount.
Effective the first full pay period after ratification of the MOU (prospectively only)
Under no circumstances will any unused Benefits Credits as outlined above will be paid
to the employee in cash and reported as taxable income.
Article 35 State Disability Insurance/Family Medical Leave Benefits
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A. Employees represented by CCEA will be enrolled in the State Disability Insurance
Program. (The City agrees to pay the premium.)
B. On January 1, 2004, the State Disability Insurance Program will provide for paid leave
benefits for employees who qualify for family medical leaves of absence. The employee
shall pay the premium attributed to the family medical leave portion ofthe insurance
program. The employee may elect to use accumulated vacation, sick leave or
compensatory time off during the seven day elimination period.
C. Employees represented by CCEA shall be entitied to combine accumulated sick leave,
vacation leave or comp time with State Disability payments for the purpose of achieving
the equivalent of their pre-disability salary to the extent allowed by law during any period
of nonindustrial disability. Under no circumstances shall the combination of accumulated
leave and State Disability Insurance payments exceed the employee's pre-disability
salary.
Article 36 Long Term Disability (LTD)
During the term of this memorandum. City agrees to continue to provide long term disability
insurance. Said insurance shall provide for a ninety (90) calendar day waiting period prior to
payment eligibility. Employees represented by CCEA shall be entitied to combine accumulated
vacation leave or comp time with LTD payments for the purpose of achieving the equivalent of
their pre-disability salary to the extent allowed by law during any period of nonindustrial
disability. Accumulated sick leave may not be combined with LTD payments. Under no
circumstances shall the combination of accumulated leave and LTD payments exceed the
employee's pre-disability salary.
Article 37 Retirement
A. The City has contracted with CalPERS for the following retirement benefits:
• Miscellaneous Tier 1 (employees entering miscellaneous membership for the first time
prior to November 28, 2011) - The retirement formula shall be 3% (a), 60: single highest
year final compensation.
• Miscellaneous Tier 2 (employees entering miscellaneous membership for the first time on
or after November 28. 2011) - The retirement formula shall be 2% @, 60: three year
average final compensation.
Employees who are "New Members" as defined by the California 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 be subiect to all the applicable PEPRA provisions,
which include but are not limited to the following retirement benefits.
• Miscellaneous Tier 3 - retirement formula shall be 2% @ 62; three year average final
compensation.
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•—The City will contract with CalPEPv^S to provide the "3^0 at 60" retirement benefit for all
CCEA represented employees effective January 1, 2005. Effective the pay period inclusive
of January 1, 2005, the City will pay seven percent (7^0) and the employee will pay the
additional one percent (1%) of the employee's retirement contribution to CalPERS.
•—Commencing with the pay period inclusive of January 1, 2005, the one percent (l^o)
employee contribution will be deducted from each employee's salary on a pro tax basis by
implementing provisions of section ^ H (h)(2) of the Internal Revenue Code (IRC).
B. 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 Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Tier 1 miscellaneous employees shall pay all of the employee retirement contribution
(8%)
• Tier 2 miscellaneous employees shall pay all of the employee retirement contribution
(7%)
• Tier 3 miscellaneous employees shall pay one half of the normal cost rate associated
with the 3*""^ tier.
• The City will continue to contract with CalPERS for the single highest year provision and the
third level of 1959 Survivors' Benefit.
• The City shall continue to contract with CalPERS for the military service credit option. The
cost of this option is home entirely by the employee. Payments by the employee to CalPERS
are to be arranged by the employee directly with CalPERS. Once such a payment schedule
has been approved by CalPERS, the employee may arrange with the City for such payments
to be made by means of payroll deduction
•—Reduction in Employer Paid Member Contributions (EPMC): Effective with the first payroll
period including December 1, 2011, the 1% EPMC referenced in section A above shall be
reduced to 3.5^0 for all employees. Effective with the pay period that includes December 1,
2012, the EPMC referenced in section A above shall be reduced another 3.5"/o for all
employees. Employees shall pay the entire 8^0 employee contribution through payroll
deductions. Second tier employees as described below, shall be subject to a statutory IVo
required employee contribution. Employee contributions for second tier employees shall be
made through payroll deductions and they shall receive EPMC of 3.5^0 until the pay period
that includes December 1, 2012 and 0% thereafter.
•—Second tier of retirement benefits for employees hired after November 27, 2011: The City
shall amend its contract with CalPEPv.S pursuant to Government Code Section 20^75 to
provide a second tier of retirement benefits for all employees hired after November 27, 2011
or as soon as administratively possible thereafter. The second tier shall have the following
key components:
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a. Retirement Formula shall be 2% @ 60 (Government Code Section 21353); and
three year average final compensation (Government Code Section 20037).
•—Charter Amendment. The City shall place on the ballot at the next general election or special
election, if one is otherwise scheduled (whichever occurs first) an item to be voted on by the
electorate that, if passed, will prohibit the retirement formula in the second tier from being
increased absent voter approval.
Article 38 Deferred Compensation
The City shall provide for a Deferred Compensation Plan which may be utilized by any
employee on an optional basis. The City reserves the right to accept or reject any particular plan
and to impose specific conditions upon the use of any plan. Such plan shall be implemented
without cost to the City.
As soon as administratively possible CCEA-represented employees will be eligible for the
personal loan provision established with the City's deferred compensation provider (currentiy
ICMA Retirement Corporation). 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.
Article 39 Dispute Resolution Procedure
The purpose of this procedure is to provide a single, uniform process for CCEA represented
employees to resolve disputes conceming grievances and discipline in an efficient manner and
without subsequent discrimination or reprisals. Any time limit provided under this Article may
be extended by mutual consent of the parties.
1. Applicability of This Article
Grievances and group grievances, as defined in Part 2 of this Article, may be appealed
under Parts 2 and 4 of this Article. The following types of discipline may be appealed
under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in
pay of more than one work shift, demotion and termination. Any regular CCEA
represented employee may appeal a letter of reprimand, suspension of one work shift or
less or reduction of pay of one work shift or less to his or her Department Head for a final
decision.
2. Grievances
A. Individual Grievances
A "grievance" is a formal, written allegation by a grievant that he/she has been adversely
affected by an existing violation, misinterpretation or misapplication ofthe specific
provisions of the Memorandum of Understanding and/or provisions of the Personnel
Rules and Regulations.
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The City's exercise of management rights is not reviewable under this procedure unless
such exercise also violates other provisions(s) of the Memorandum of Understanding
and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would
require the modification of a policy established by the City Council or by law, or is
reviewable under some other administrative procedure and/or mles ofthe City, such as:
(1) Appeals from formal disciplinary proceeding.
(2) Appeals from work performance evaluations.
B. Group Grievances
Within twenty thirty (2030) working calendar days after authorized representatives ofthe
employee organization knew or by reasonable diligence should have known of a
condition giving rise to a grievance, a group of employees may file a group grievance
with the Human Resources Department. CCEA, as an "organization," may also file a
group grievance on behalf of employees if CCEA 1) identifies the employees who are
adversely impacted by name and by classification, and 2) specifically identifies how
these employees are being adversely affected.
(1) The group of employees must file one (1) grievance form which all members
ofthe group have read and signed. Members of the group will be limited to
those who have read and signed the initial grievance form.
(2) Group grievances shall proceed through all normal grievance processes and be
subject to all applicable time limitations as set forth herein.
(3) The resolution of a group grievance may not be consistent among a employees
who filed, read and signed the group grievance due to differences in the
circumstances or occurrences that brought about the grievance.
C. Informal Resolution
Within twenty (20) calendar days after an employee knew or reasonably should have
known that he or she has suffered a grievable injury, the employee shall attempt to
resolve the grievance by an informal conference with his or her inunediate supervisor.
Within twenty (20) calendar days after an employee organization knew or reasonably
should have known that its members have suffered a grievable injury, it shall attempt to
resolve the matter by an informal conference with an appropriate immediate supervisor.
The Supervisor shall meet with the employee(s) or organization within ten (10) calendar
days of receiving the request for the meeting. The immediate supervisor shall give his or
her response to the employee or employee organization within twenty (20) calendar days
of the informal conference.
D. Department Head Review
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If a grievance is not informally resolved, within twenty (20) calendar days after receiving
the immediate supervisor's response, the employee or employee organization shall
request in yvriting an opportunity to discuss the grievance with the Department Head. The
Department Head shall meet with the employee(s) or organization within ten (10)
calendar days of receiving the request for the meeting. The Department Head, or his/her
designee, shall give his or her response to the employee or employee organization in
yvriting within twenty (20) calendar days of the meeting.
E. City Manager Designee's Review
If a grievance is not resolved by the Department Head, within twenty (20) calendar days
after receiving the Department Head's response, the employee or employee organization
shall request in writing an opportunity to discuss the grievance with the City Manager's
Designee. The City Manager's designee shall meet with the employee(s) or organization
within ten (10) calendar days of receiving the request for the meeting. The City
Manager's Designee shall give his or her response to the employee or employee
organization in writing within twenty (20) calendar days ofthe meeting.
F. Permissible Relief
A grievance may only seek to remedy the specific injury caused by a violation,
misinterpretation or misapplication of the specific provisions ofthe Memorandum of
Understanding and/or provisions of the Personnel Rules and Regulations.
The City's exercise of management rights is not reviewable under this procedure unless
such exercise also violates other provisions(s) of the Memorandum of Understanding
and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would
require the modification of a policy established by the City Council or by law, or is
reviewable under some other administrative procedure and/or mles ofthe City, such as:
(1) If it would require the modification of a policy established by the City Council or by
law;
(2) If it is reviewable under some other administrative procedure and/or mles ofthe City
such as: appeals from formal disciplinary proceedings, appeals from work
performance evaluations, etc.
(3) If it calls exclusively for relief that cannot be granted such as discipline of other
employees or confidential information about other employees.
G. Service of Notice
A notice that a grievance has been resolved or a notice that a grievance raises a matter
that may not be addressed utilizing this procedure shall be served upon the employee in
person or by registered mail, and whenever possible the employee shall acknowledge
service by signing the receipt.
H. Resolved Disputes
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A grievance is considered resolved under any of the following circumstances:
(1) When the City and employee agree to a resolution;
(2) When the employee fails to advance the matter to the next step ofthe
administrative procedure in the time specified herein for doing so;
(3) When the City has provided the relief sought by the employee that it is
legally capable of providing.
A grievance that has been resolved does not progress any further through the dispute
resolution process.
3. Discipline
A. Grounds For Discipline
The City has the authority to impose appropriate discipline upon any represented
employee for cause. Discipline shall be commensurate with the seriousness ofthe
offense and with consideration of the employee's prior performance and disciplinary
record. Grounds for discipline may include but are not limited to the following:
(1) Fraud in securing employment
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,
working unauthorized overtime, disclosure of non-public, intemal and/or
confidential, information or dishonesty.
(3) Being under the influence of alcohol or intoxicating dmgs
while on duty.
(4) Absence without leave.
(5) Criminal conviction having some relevance to the job.
(6) Intentionally being discourteous to the public.
(7) Unauthorized use of or neglect of City property.
(8) Abuse of sick leave.
(9) Unauthorized outside employment that constitutes a conflict of interest
(10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
(11) Falsiflcation of any City report or record.
(12) Willful violation of any of the provisions of the City Code, ordinances,
resolutions or any mles, regulations or policies which may be prescribed by the
City Council, City Manager, department manager, or supervisor.
(13) Political activities precluded by State or Federal law.
(14) Failure to respond to questions or otherwise failure to participate during an
investigation conducted by the City or its agents.
(15) Other acts that are incompatible with service to the public.
B. Pre-Disciplinarv Procedure
If a supervisor determines that an employee might be a threat to him or herself, other
employees or members of the public, the supervisor may inmiediately take whatever
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action is necessary to reduce or eliminate the danger, but the employee shall retain the
right to notice and an opportunity to respond to discipline under this Article.
Except for any oral or written counseling, waming or reprimand, the Department Head or
his/her designee shall advise the employee and the Human Resources Director of
contemplated disciplinary action in a written Notice of Intended Discipline including a
description of the misconduct, the grounds for discipline, and the employee's right to
respond within seven (7) calendar five (5) work days after the date of the Notice of
Intended Discipline and prior to the discipline being imposed. If the employee elects to
respond, he or she may have a representative and meet informally with the City
Manager's designee, without the right to bring witnesses or present a formal case. Within
seven (7) calendar five (5) work days of the employee's response or failure to respond in
a timely manner, the City Manager's designee shall advise the employee in yvriting
whether the proposed discipline, modified discipline or no discipline is being imposed.
Any discipline will be announced in a written Notice of Discipline including a
description of the misconduct, the grounds for discipline and the right to appeal the
discipline using the administrative procedure under Part 4 of this Article.
C. Service of Notice
A Notice of Intended Discipline or a Notice of Discipline shall be served upon the
employee in person or by registered mail, and whenever possible the employee shall
acknowledge service by signing the receipt.
4. Administrative Procedure
An employee may have both a legal representative of his or her choosing and a CCEA
representative of his or her choosing at any step of this administrative procedure. This
representative may at the employee's option be provided by an employee organization. If
the representative is a City employee, the employee seeking the representative shall
notify the representative's immediate supervisor and the City's Human Resources
Department in yvriting and the supervisor shall make the necessary arrangements for the
representative to be present at any hearing.
A. Step One - Filing an Appeal
If a grievance is not formally resolved or an employee seeks to appeal a suspension of
more than one work shift, reduction in pay of more than one work shift, demotion or
termination, within ten (10) calendar days of receiving the City Manager designee's
response to the grievance or the Notice of Discipline, the employee or employee
organization may file with the Human Resources Director an application for an advisory
hearing.
B. Step Two - Administrative Hearing
(1) Hearing Procedure
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If the matter is subject to an advisory hearing, the City shall arrange if practicable
for the matter to be heard by a hearing officer within one hundred twenty (120)
calendar days ofthe date of the filing of the appeal with the Human Resources
Director. The hearing shall be scheduled for a time that is mutually convenient to
the parties and the hearing officer.
The advisory hearing shall be closed unless the employee or the employee
organization request that it be open to the public. In the case of an appeal of a
grievance, the parties shall equally bear the costs of the mandatory court reporter,
transcripts, hearing officer and facilities. Each party shall bear its oyvn witness
fees, attomey fees and exhibit costs. In the case of an appeal of disciplinary
action, the City shall bear the costs of the mandatory court reporter, transcripts,
hearing officer and facilities. Each party shall bear its own witness fees, attomey
fees and exhibit costs.
The advisory hearing shall be limited to arguments, witness testimony and
exhibits offered by the parties. The hearing shall proceed according to an
Administrative Order regarding Rules of Procedure for Personnel Meetings and
Hearings. Such an Administrative Order will replace Personnel Board Resolution
19 to reflect that the Personnel Board is being replaced by a hearing officer in
matters of grievance and discipline.
(2) Hearing Officer
The employee or employee organization and the City may agree that the advisory
hearing will be conducted before a hearing officer mutually selected by the parties
from a list of hearing officers provided by a neutral third party. The selection of a
hearing officer will include a review of his/her background and qualifications
which will include experience as a labor attomey and/or mediator and/or
arbitrator affiliated with American Arbitration Association, State of Califomia
Mediation and Conciliation Service or Judicial Arbitration Mediation Services
(JAMS).
(3) Permissible Relief
In the case of a grievance appeal, the hearing officer may only recommend that
the relief initially sought by the employee or employee organization be granted or
that the position of the City should be upheld.
In the case of disciplinary appeals, the hearing officer may reconmiend either that
the discipline imposed by the City be upheld, that a lesser discipline be imposed,
or that no discipline be imposed.
The advisory findings and reconunendation of the hearing officer shall be
provided to the employee or employee organization.
C. Step Three- Final Determination
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The advisory findings and recommendation, hearing transcript and exhibits conceming a
grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to
the City Manager for a final determination. The City Manager, or his/her designee, may
allow, at his or her discretion, limited oral arguments and/or written statements from
either side. Within thirty (30) calendar days of receiving all applicable documents or
hearing the oral arguments of the parties, whichever is later, the City Manager or his/her
designee shall make a final and conclusive written decision.
(1) For grievances, the City Manager, or his/her designee, shall either reject
the grievance or uphold the grievance and provide a remedy selected by
the City Manager, or his/her designee.
(2) For disciplinary appeals, the City Manager, or his/her designee, shall
make a final and conclusive yvritten decision to uphold, modify or reject
the discipline.
D. Post-Hearing Procedure
The provisions of Califomia Code of Civil Procedure Section 1094.6 shall apply to the
final determination of the City Manager.
Article 40 Alcohol and Drug Policy
I. POLICY
It is the policy ofthe City of Carlsbad to provide, for its employees, a work environment
free from the effects of dmgs and alcohol consistent with applicable State and Federal
law. 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 Administration (SAMHSA). All procedures and protocols for collection,
chain of custody and testing will be conducted consistent with standards required under
SAMHSA certification. This policy is intended to accomplish that objective.
A. Definitions - As Used in This Policy:
1. "Dmg" 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 dmgs
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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 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 dmg statute
(including any pleas of nolo contendere), if such conviction was
based on a violation which occurred in the workplace, no later than
five days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are encouraged required to notify their supervisors when
taking any medication or dmgs, prescription or non-prescription (over-the-
counter medications), which they have been informed by a medical
providerwhieh may interfere with safe or effective performance of their
duties or operation of City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal dmg 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. Employer Searches
For the purpose of enforcing this policy and maintaining a dmg-free workplace,
the City reserves the right to search, with or without prior notice to the employee,
all work areas and property in which the City maintains full or joint control with
the employee, including but not limited to City vehicles, desks, lockers, file
cabinets, and bookshelves. These areas remain part of the workplace context even
if the employee has placed personal items in them. Employees are cautioned
against storing personal belongings in work areas under full or joint City control
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since such work areas may be subject to investigation and/or search under this
policy.
Employer searches shall occur when there is a determination of "reasonable
suspicion" as defined herein. Such searches shall be conducted by persons having
supervisory and/or other legal authority to conduct such searches. Searches will
not normally occur without concurrence of more than one supervisor. Nothing
herein shall prevent the City from taking appropriate action if there is an
inadvertent discovery of evidence of dmg or alcohol use.
D. 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 to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
IL DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Dmg and Alcohol Analysis
1. After receiving an offer of employment, an otherwise successful candidate
must submit to a dmg 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 illegal 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:
a. Prevented from engaging in other work; and
b. Required to submit to a dmg 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 dismptive, 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 yvith 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 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 dmg 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.
HI. 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.
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B. Employees who are concemed about their alcohol or dmg 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 41 Access to Information
The City will make available to CCEA such non-confidential information pertaining to
employment relations as is contained in the public records of the City, subject to the limitations
and conditions set forth in this article and Government Code Section 6250-6260.
Such information shall be made available during regular office hours in accordance with the
City's mles and procedures for making public records available and after payment of reasonable
costs, where applicable.
Information which shall be made available to CCEA includes regularly published data covering
subjects under discussion. Data collected on a promise to keep its source confidential may be
made available in statistical summaries, but shall not be made available in such form as to
disclose the source.
Nothing in this article shall be constmed as requiring the City to do research for an inquirer or to
do programming or assemble data in a manner other than usually done by the City.
Nothing in this article shall be constmed to require disclosure of records that are:
(1) Personnel, medical and similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy or be contrary to merit system principles;
(2) Working papers or memoranda which are not retained in the ordinary course of business
or any records where the public interest served by not making the record available clearly
outweighs the public interest served by disclosure of the record;
(3) Records pertaining to pending litigation to which the City is a party, or to claims or
appeals which have not been settled.
Article 42 Communications
The parties agree to continue meeting at least once each month during the term ofthe agreement
for the purpose of continuing communications on subjects of mutual concem.
Article 43 Legal Representation
Upon request of an employee and subject to any limitations provided by law, the City will
provide for the defense of any civil action or proceeding initiated against the employee by a
person or entity other than the City in a court of competent jurisdiction, on account of any act
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or omission occurring within the course and scope of his/her employment as an employee ofthe
City.
Nothing herein shall be deemed to require the provision of such defense where the discretion to
provide or not provide such defense is vested in the City pursuant to the provisions ofthe
Califomia Govemment Code, or where the act or omission was not within the scope ofthe
employee's employment, or the employee acted or failed to act because of actual fraud,
cormption or actual malice, or where the provision of such defense would create a conflict of
interest between the City and the employee.
Nothing herein shall be constmed to grant to any employee any right or privilege in addition to
those provided in the said Govemment Code.
Article 44 Layoff
Layoff The City may layoff an employee in the merit service because of material change in
duties or organization or shortage of work and funds. Fourteen (14) calendar days prior to the
effective date of a layoff, the appointing authority or designee shall notify the Human Resources
Director ofthe intended action with reasons therefore, and a statement certifying whether or not
the services ofthe employee have been satisfactory. A copy of such notice shall be given the
employee affected and CCEA. If certified as having given satisfactory service, the name ofthe
employee laid off shall be placed on the appropriate reemployment list as provided by these
rules.
Reduction in Force Procedures: The parties agree that CCEA may initiate a reopener within
thirty (30) days of ratification of this Memorandum regarding changes to layoff procedures.
Effective upon ratification of this Memorandum, and continuing until such time as the parties
agree to change the procedures (or after meet and confer and exhausting all required impasse
procedures, the City imposes changes to these procedures) the following procedures will apply to
all probationary and permanent employees in the event of a reduction in the City work force.
(a) Definitions: The following definitions apply to these procedures:
(1) Citv Service Seniority shall be determined as the period of total continuous
service with the City as measured from the date of original appointment.
(2) Classification Seniority shall be determined as the period of total continuous
service of an employee in the present classification as measured from the date of
appointment to that classification.
(b) Reduction in Force-Demotion: Whenever there is a reduction in the work force in which
more than one employee in a classification has been identified for layoff the City shall
first demote the employee in that classification with the greatest length of continuous
Citv service to a vacancy. The employee identified for demotion to the vacant
classification must have previously served in that classification and be determined to be
currentiy qualified. An employee may refuse to accept a demotion and accept layoff
without jeopardizing reemployment rights otherwise provided for in this procedure.
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(c) Reduction in Force-Layoff Whenever there is a reduction in the work force, the City
shall secondly layoff employees within a classification according to continuous City
service seniority. Employees with the least continuous Citv service shall be laid off first.
(d) Notification: Whenever there is a reduction in the work force requiring layoff the City
shall send written notice to the last known address of each employee affected by a layoff
The notice shall include the (1) reason for layoff (2) classes to which the employee may
demote within the City, if any, (3) effective date of action, (4) conditions governing
retention on and reinstatement from reemployment lists, and (5) mles regarding waiver of
reinstatement and voluntary withdrawal from the reemployment list.
(e) Determining Length of Seniority: In determining continuous Citv service seniority, all
uninterrupted employment from the original date of hire, including periods of authorized
leaves of absence and including all periods of time service seniority, all uninterrupted
employment from the original date of hire, including periods of authorized leaves of
absence and including all periods of time served as a limited term or CETA employee,
shall be counted as continuous City service seniority.
(f) Order of Reduction in Force: In a reduction in force the following order of layoffs shall
be followed: (1) hourly, temporary and provisional employees in the affected
classification series; (2) limited term employees in reverse order of their seniority in the
affected class series; (3) Citv probationary employees in reverse order of their
classification seniority in the affected class series; (4) should there be need for further
reduction, regular employees who have been identified for layoff per section (c) above in
the affected classification series shall be given the opportunity to accept or refuse
demotion in order of their classification seniority pursuant to section (i) below; (5) should
a reduction in force still be necessary, regular employees shall be laid off in reverse order
of their classification seniority.
(g) Determining Order of Layoff and Demotion for Employees With Identical Seniority:
Should two or more employees have identical seniority, the order of layoff and demotion
will be determined by alphabetical order of the employees' surnames, with the employee
with the last name beginning with the letter closest to the beginning of the alphabet to be
selected for layoff or demotion first.
(h) Transfer: All effort will be made by the City to transfer any employee who is to be
affected by a reduction in force to another vacant position for which such employee may
qualify.
(i) Order and Method of Demotion Pursuant to a Reduction in Force-Bumping: When
required due to a reduction in force, employees shall be demoted in the following
manner:
(1) Employees who are demoted, who have held permanent status in a lower
classification shall have the right to bump employees of lesser City service
seniority in that lower classification.
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(2) Employees who have not actually held status in a lower classification shall be
allowed to demote to a vacant position or to a position held by a City probationary
employee in such lower class, but may not bump regular City employees already
in that lower classification.
(j) Reinstatement of Employees Demoted as a Resuh of a Reduction in Work Force:
Employees who are demoted as a resuh of a reduction in force shall have their names
placed on a reinstatement list, in order of their Citv service seniority. Vacant positions in
which an employee has served within a classification series shall first be offered to
employees on this list.
(k) Reemployment of Employees Laid Off as a Resuh of a Reduction in Force: Employees
who are laid off and who held permanent City status at the time of layoff shall have their
names placed on a reemployment list for classifications at the same or lower salary range
for which they qualify in the order of their classification seniority. Vacant
positions in such classifications will be offered to eligibles on the reemployment list who
qualify for such vacancies prior to an open or promotional recruitment.
(1) Duration of Reinstatement and Reemployment Lists: The eligibilitv of individuals on the
reinstatement and reemployment list shall extend for a period of two years from the date
of demotion or layoff Eligibles not responding to written notification of an opening after
fourteen (14) calendar days shall have their names removed from either the
reemployment or reinstatement list.
(m) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon
reemployment following a reduction in force, an individual will have the following
benefits restored:
(1) Prior sick leave accruals.
(2) Seniority at time of layoff for purposes of determining merit increases, vacation
accmals and future reduction in force.
(3) The salary paid to an employee who is reemployed shall be equivalent to the
salary plan at the time of reemployment. If the employee chooses to be
reemployed in a classification which has a salary range lower than the
classification from which he was laid off, then salary placement will be in the
range at the Step 5 or, as of January 1, 2014, at the range maximum as reflected in
the current effective salary plan at the time of reemployment.
(n) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accmed
holiday, vacation, compensation time and overtime when separated as a resuh of a layoff
The sick leave accruals of such employee will remain on the books and will be reinstated
if they are reappointed.
47
(o) Retirement Contribution: The disposition of the retirement contributions of a laid off
employee shall be governed bv the provisions of the State of California Public
Employees' Retirement Law as contained in the Government Code.
(p) All CCEA represented employees involuntarily separated from the City service due to
layoff shall receive one month's salary computed at the employee's actual salary at the
time of separation.
The CCEA and City agree to a reopener to be initiated by CCEA within 30 days of the
ratification of this MOU regarding changes to layoff procedure (Article 44).
Article 45 Carlsbad Municipal Water District
1. Effective Febmary 17, 1992, employees of the Carlsbad Municipal Water District
("CMWD") shall become employees ofthe City of Carlsbad ("City"). Each CMWD
employee shall retain his/her CMWD classification, salary range, salary step, salary
anniversary date, and seniority date upon becoming a City employee. Each employee's
job titie, salary range, and salary step shall be subject to future modification upon
completion of a City classification and compensation study. In no instance shall an
employee's salary be reduced as a resuh of the City classification and compensation
study.
2. Effective Febmary 17, 1992, each CMWD employee shall be subject to the City's
personnel system as established by the municipal code, the personnel mles and
regulations, administrative orders, the applicable memorandum of understanding, and
other applicable ordinances, resolutions, and mles and regulations dealing with personnel
and employer-employee relations.
3. Effective Febmary 17,1992, each CMWD employee shall be subject to the work mles
and operations mles of the City.
4. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits
granted to CMWD employees as outlined in Attachment B (attached).
5. Unless specifically set forth in paragraph 4 above, all other fringe benefits shall be the
same as those for City employees in the appropriate bargaining units as of Febmary 17,
1992.
6. Employees hired on or after Febmary 17,1992, into the water operation shall not be
eligible for those benefits set forth in paragraph 4 above.
7. Employees who terminate service with the City (by reason other than lay off) shall not be
eligible for the benefits set forth in paragraph 4 above upon reinstatement to the City.
8. Employees covered by this provision are listed in Attachment C.
48
t
9. No current City employees will be laid off as a resuh of assimilation of CMWD
employees.
10. Former CMWD employees will be in the bargaining unit represented by CCEA.
Article 46 Full Understanding, Modification, & Waiver
It is intended that this agreement sets forth the full and entire understanding ofthe parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreements by the parties, whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
Any agreement, aheration, understanding, variation, waiver, or modification of any ofthe terms
or provisions contained herein shall not be binding upon the parties hereto unless made and
executed in writing by all parties hereto and, if required, approved and implemented by the City
Council.
The waiver of any breach, term or condition of this agreement by either party shall not constitute
a precedent in the future enforcement of all its terms and provisions.
Article 47 Provisions of Law
It is understood and agreed that this Memorandum of Understanding is subject to all current and
ftiture applicable federal and state laws, federal and state regulations. If any part or provision of
the Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, mles and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding shall not
be affected thereby.
Article 48 Retention of Benefits
The employees ofthe City of Carlsbad shall retain all present benefits as set forth in this
Memorandum for the term of this agreement, except as amended by this Memorandum, or unless
modified after exhausting the meet and confer process.
Article 49 Non-discrimination Clause
No person shall in any way be favored or discriminated against, by either the City or the
Association, to the extent prohibited by law because of actual or perceived political opinion or
affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin,
veteran status, medical condition or physical or mental disability. In addition, no person shall be
favored or discriminated against because of his/her association with someone who has or is
perceived to have any characteristics of being in one of these classes of people. This affects
decisions including, but not limited to, an employee's compensation, benefits, terms and
conditions of employment, opportunities for promotion, training and development, transfer and
other privileges of employment.
49
The City is committed to providing ongoing training to all employees on the subjects of equal
employment, non-discrimination and cultural awareness.
Article 50 Americans With Disabilities Act
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this Memorandum of Understanding so as to comply with the
ADA. The parties agree to consuft if compliance with the ADA may require modifying the
provisions of this Memorandum of Understanding.
Article 51 Life Insurance and Voluntary Benefits
All CCEA-represented employees shall receive City paid life insurance in an amount equal to
one times their basic yearly eamings. To determine the benefit, the amount of insurance is
rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
Supplemental life insurance, at an amount equal to the City paid life insurance, is available at the
employee's cost. Dependent life insurance is also available at the employee's cost.
The Citv 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 52 Special Housing Facilities
The City maintains a residence at the Maerkle Reservior, Dam, Treatment Facility and Site. The
employee assigned the duty of Maerkle Facilities Steward is tasked with maintaining a safe,
legally compliant facility and ensuring the security of City facilities. A detailed description of
the conditions that apply to this assignment are outlined in Attachment E.
1. Employee Status
The employee assigned as the Maerkle FaciUties Steward shall be a full-time permanent
employee of the City.
2. Priority of Assignments
In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment
shall be offered to qualified current CCEA employees in the Water Operations Division
ofthe UtiHties Department based on their seniority in the Water Operations Division.
In order to be considered qualified for the assignment, the employee must have a
minimum of one year of service in the City's Water Operations Division. In addition, the
employee must not be on a Performance Improvement Plan (PIP), and must be fully
competent in facility operations, recordkeeping, emergency response procedures and be
in compliance with the following regulations governed by these respective agencies:
a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process Safety
Management (PSM) of Highly Hazardous Materials.
50
b. Federal EPA's Code of Federal Regulations. Thle 40. Part 68. Accidental Release
Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section
112(r). Program 3 requirements.
c. Califomia Office of Emergency Services. Califomia Code of Regulations. Titie 19.
Division 2. Chapter 4.5. California Accidental Release Prevention (CalARP)
Program.
d. County of San Diego. Department of Environmental Health. Hazardous Materials
Division. Hazardous Materials Business Plan.
e. California Health and Safety Code. Section 25531 through 25534.
f State of California, Department of Water Resources, Division of Safety of Dams,
g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment
Operator Grade T-l per CDPH "shift operator" requirements.
The employee must remain qualified throughout the assignment. Under no circumstances
will the duties ofthe Maerkle FaciUties Steward be assigned to an employee that does not
comply with the regulations as outiined above.
Responsibilities
The Steward shall be responsible for performing the following duties:
A. Safety
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials
Business Plan
b. Immediately report any observed non-compliance issues with the PSM/RMP
Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition
B. Emergency Response - Notification - Documentation
a. Respond to emergency situations to include the chlorination facilhies per
PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
C. Operations and Maintenance
a. Make occasional chlorine adiustments. flow changes and system changes as
needed
b. Perform general maintenance on the residence, yard and fencing
c. Perform general maintenance on the property, perimeter fencing and weeds
D. Inspections
a. Perform routine visual inspections of the entire site at least weekly
b. Perform visual inspections of the entire site after any disaster event including
minor earthquakes
c. Document and report any issues or concems to the Water Operations Supervisor
E. Security
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a. Be onsite on a regular basis during nonworking hours for a minimum of four
weeknights per week and a minimum of three weekends per month (except for
extended periods due to supervisor approved leaves, at which time the department
will be responsible for ensuring coverage for Steward's responsibilities)
b. Monitor access of residents through property during significant flood events
c. Immediately report any security breaches or issues to the proper authority,
including police, where appropriate
4. Rent and Utilities
The City shall charge a nominal rent for the residence. Said rent shall be established
from time to time by the City and communicated to the Steward in writing with sixty (60)
calendar days advance notice of any changes. The City shall fumish the water supply and
electricity for the residence and the Steward shall be responsible for the balance ofthe
utilities.
Term
The City maintains the right to change the assignment of the Maerkle Facility Steward
responsibility based solely upon the City's discretion and the City shall not be required to
show cause. Moreover, the Steward shall have no due process rights related to a change
from the assignment as a change shall not be considered disciplinary. It is the intent of
this provision to create an at-will tenancy that can be revoked at any time upon at least
sixty (60) calendar days' notice to the Steward. There shall be an annual review ofthe
Steward's performance with the Water Operations Supervisor. The Steward shall, when
possible, give the City at least sixty (60) calendar days written notice if he/she desires to
be relieved of this assignment.
Article 53 Contracting Out Work
1. The City has the right to contract out any or all of the services currently being
performed bv CCEA represented classifications or that could be performed by CCEA
represented classifications to any one or more public or private entities or individuals.
2. Prior to contracting out the services referenced in item number 1 above, the City
shall first satisfy hs obligation to meet and confer with CCEA regarding both the
decision and effects of contracting out those services
3. CREATION OF A REOUEST FOR PROPOSAL ("RFP")
a. CCEA may appoint up to two (2) of hs members to attend a meeting with City
staff responsible for the creation of an RFP for the purpose of providing input to
the City regarding the creation of the RFP for contracting out the services
referenced in item number 1 above. This first meeting shall occur prior to the
RFP being prepared bv City staff
52
b. After the draft RFP is completed by Citv staff a copy of the RFP shall be
forwarded to the CCEA appointees bv email and a subsequent meeting shall be
scheduled, which shall take place within seven (7) calendar days from the date the
RFP is received bv the CCEA appointees. The pumose of the meeting is for
CCEA appointees to meet with the City staff responsible for preparing the RFP in
order to discuss the RFP and ask questions as necessary. Additional meetings
tnnv he scheduled if mutually agreeable. Following conclusion of the meeting(s),
CCEA's appointees mav provide written feedback/suggestions regarding the RFP
for the consideration of Citv staff prior to it being finalized and sent to any
potential contractors. CCEA's feedback/suggestions shall be forwarded to City
staff responsible for the creation ofthe RFP bv email within seven (7) calendar
davs from the date of conclusion of these meetings.
Pnor to distribution ofthe RFP to potential contractors, the Citv shall provide the
CCEA appointees with the final version of the RFP. c.
d. Neither CCEA nor hs appointees shall have veto power over any City decision
related to the contents of an RFP or the RFP process.
e Neither CCEA nor its appointees mav use the appointees' involvement in the
RFP process to delay the RFP process
f CCEA's appointees shall sign confidentiality agreements, as agreed to by the City
and CCEA, prior to receiving any information related to an RFP
4. MFFT AND CONFER PROCESS
a. The City mav send RFPs created following the procedure outlined in item number
3 above to potential contractors prior to engaging in the meet and confer process
with CCEA.
After the Citv receives responses to the RFP. the Citv Council or designee shall
determine whether to pursue contracting out of those services that are the subject
ofthe RFP.
c In the event that the Citv Council or designee decides to pursue contracting out of
nnv or all ofthe services that are the subiect of the RFP. the City's negotiating
tp;^m will make a proposal in writing to CCEA to contract out those services and
will provide a copy ofthe leading proposal to CCEA along with hs proposal.
d. After reviewing the Citv's proposal. CCEA may request in writing to meet and
confer over the decision to conttact out services and/or the effects of that decision
no later than fourteen (14) calendar davs from the date of CCEA'sreceipt ofthe
Citv's proposal. The first meeting of the meet and confer process shall be
<.rheduled within fourteen (14) calendar davs of CCEA's written request. If
CCEA requests to meet and confer over both the decision and effects, decision
p.nd effects negotiations shall take place simultaneously. It is understood by the
ppirties that the meet and confer process is not required to be completed in one
single meeting.
53
e. The negotiations over the decision and/or effects shall be subiect to combined
impasse procedures.
5. CITY COUNCIL DECISION
a. After the meet and confer process has concluded bv either reaching agreement
or exhausting impasse procedures, the City Council will make hs final
decision on whether to contract out those services subiect to the RFP.
Article 54 Pay for Performance Guidelines
This article replaces Administrative Order No. 13 of March 12. 1976 in hs entirety.
Administrative Order No. 23 of October 11. 1979 in its entirety and Section 4.4 of the Personnel
Rules and Regulations-.
L PURPOSE;
Pay for Performance at the Citv of Carlsbad is based on the concept of a supervisor providing
regular coaching/feedback to the employee. The pumose is to:
> Create an environment that rewards high performers
> Link financial rewards to accomplishing City business obiectives
> Create a consistent City-wide approach for managers to link performance and rewards
> Create a meaningful/fair reward system
II. BACKGROUND:
Consistent with the direction ofthe Citv Council, citv staff and the Carlsbad City Employees'
Association (CCEA) have developed a compensation program that establishes compethive pay
through regular and consistent compensation surveys. The Human Resources Department will
maintain the highest possible number of benchmarks within the survey market and make
recommendations to City Council regarding maintaining competitive salary ranges.
The components of the compensation plan include:
> a performance management program based on the concepts of performance planning and
regular coaching/feedback;
> a market based salary structure; and
> a Pav for Performance reward system that includes merh increases* (base pay increases
and/or cash rewards for employees who are at the maximum of their salary range) based
on the demonstration of competencies and achievements.
54
* Eligibility for a merh pay increase is determined by an employee's performance and where
his/her salary is relative to the midpoint of his/her salary range. Eligible employees who are at
the salary range maximum receive a cash reward in lieu of a base pay increase.
III. GUIDANCE;
A. Annual Review Cycle
The Performance Management Cycle is aligned with the calendar year. Below is a summary of
the annual cycle.
55
Merit increases
delivered
HR determines base pay
matrix that complies with
approved merit pool funding
Supervisors conduct
year end reviews
Council/CCEA
negotiate funding
for merit pool
Supervisors select
competencies and
define priorities
Supervisors conduct mid-year
reviews (after Dept. Director
approves mid-year ratings)
Supervisors submit proposed
year end performance ratings
to Department Director
Department Directors
calibrate and finalize
performance ratings
B. Performance Management
The performance management process consists of four important, interrelated steps.
Step 1- Performance Planning
Supervisors and employees will have an initial discussion to determine which functional
competencies will be used to evaluate the employee in the upcoming year. The supervisor
explains and sets performance level expectations. The supervisor and employee will also
establish specific priorities, contributions or development plans that are aligned with the
departmental and organizational strategic direction.
Step 2 - Performance Coaching and Feedback
Throughout the year, at least on a quarterly basis, the supervisor and employee review and
discuss the employee's work performance, including significant accomplishments and/or
shortfalls. Generally, these coaching and feedback sessions will be informal and may be inhiated
by either the supervisor or employee. It will be the supervisor's responsibility to ensure these
discussions take place and are appropriately documented.
Step 3- Mid-Year Performance Review
56
Prior to the mid-year review meeting with the employee, the supervisor proposes mid-year
ratings for the employee based on the employee's demonstrated competencies and
accomplishments related to priorities. The Department Director reviews all proposed mid-year
ratings in his/her department and validates that Pay for Performance (P4P) guidelines are
followed consistentiv within his/her department.
The goal ofthe mid-year performance review is to encourage open communication between
supervisors and employees and ensure that there are "no sumrises" during the annual
performance evaluation session at the end of the vear. The supervisor and employee will assess
and discuss the employee's progress and the status of specific priorhies. As organizational and
department directions and priorities shift throughout the year, this session also provides the
opportunity to re-evaluate and, if necessary, revise employee's priorhies. achievement
expectations or development plans. The performance evaluation form, including mid-year
performance ratings will be submitted to Human Resources and included in the employee's
personnel file. The employee will be enthled to provide a written rebuttal to any rating and
comments. However, only the final vear end performance ratings will be used to determine
eligibility for merit pay increases. The final year end performance ratings may differ from mid-
year performance ratings.
Step 4- Year End Performance Review
Prior to the year-end review meeting with the employee, the supervisor proposes ratings for the
employee based on the employee's demonstrated competencies and accomplishments related to
priorities. The Department Director reviews all proposed ratings in his/her department and
works with Human Resources staff to validate that Pay for Performance (P4P) guidelines are
followed consistentiv within and across City departments.
Next, the supervisor meets with the employee. The employee will come to the year-end review
meeting with his/her own thoughts and notes as to how well he/she performed during the
evaluation period. The two-way discussion focuses on accomplishments, areas for growth and
improvement, iob accountabilities and defined competencies. This meeting will also include the
performance planning for the upcoming year as outiined in Step 1 above.
C. Governance of the Plan
Human Resources will be responsible for the administration and maintenance ofthe performance
management system, including forms, guidelines and related policies subiect to City Council
approval. Human Resources will periodically review the effectiveness ofthe performance
management system.
D. Major Roles and Responsibilities
City Council - The City Council is imtiallv responsible for approving the pav for performance
management system and for annually approving the merit pool/ftmding amount in order to tie
rewards to performance.
Human Resources - The role of Human Resources will be to monitor the activities ofthe
process, ensure compliance with Citv processes and procedures, and ensure that the employee
receives a fair, accurate, and timely evaluation. This will be done bv ensuring that appropriate
resuhs-oriented goals and measures are established for the upcoming calendar year and by
57
reviewing proposed performance and development plans and evaluation forms for accuracy and
completeness
Human Resources will track performance ratings over time to encourage accountability and
ensure that there is consistency among the distribution of performance ratings across
departments
Human Resources will provide on-going guidance and training to supervisors regarding
conducting performance reviews and understanding the purpose and design ofthe pay for
performance system.
Human Resources uses data from all employee performance ratings and Council's authorized
funding amount to determine the percentages in the base pav matrix. Human Resources will
process merh increases for eligible employees.
Department Director - Department Directors will be responsible for reviewing performance
ratings within their departments to ensure that accurate evaluation ratings are given and that
supervisors are held responsible for effectively rating their staff In the event of turnover of an
employee's supervisor, the Department Director will be responsible for ensuring that an
employee is equitably and adequately reviewed and rated.
Supervisor - The supervisor will carry out the steps in the performance management process in
a fair, accurate, consistent, and timely manner. This includes guiding the development of
performance plans, monitoring and recording employee accomplishments, providing timely
coaching and feedback, conducting accurate performance evaluations, and ensuring the
employee has the opportunity to participate in the process.
In the event that an employee has more than one supervisor during a rating period, each
supervisor will submh an assessment and the supervisors will mutually agree on a rating for the
review period. A newly assigned supervisor will not be responsible for reviewing a rating period
of less than three months.
Employee - The employee will actively contribute in the process of defining priorities and
performance measures, initiating coaching and feedback sessions as needed. Requests for
feedback bv the employee shall be responded to within 14 calendar days ofthe request, although
actual feedback can be written or oral and can be provided more than 14 calendar days after the
request. Employees will complete a self-assessment prior to the year-end performance
evaluation, and will be prepared to contribute in the mid-year and end of vear performance
evaluations.
E. Performance Management Components
Essential Functions
Essential functions are the iob duties/tasks that an employee was hired to perform. These
functions are the permanent features of the employee's iob. The essential functions are outiined
in the employee's iob description. Essential functions are iob-based rather than employee-based.
At the beginning ofthe performance year, the employee's iob description will be reviewed by the
supervisor and employee. Any significant changes in the qualifications or iob tasks will be noted
and submitted to Human Resources. Essential ftinctions will determine which functional
competencies may be appropriate for a specific position. At the end ofthe plan year, the
58
employee will rnted on their performance related to the essential functions ofthe job as
described in the iob description.
c^pl^v..» .er^Hnp in ont of class «<i^ipnments will be reviewed in accordanoe with their regular
position nnless the employee served out of class for more than one-half ofthe review period In
that case, the employee will be reviewed based on their out of class assignment. If at the outset
ofthe out of class ^...ipnment. it is antiripated that the employee will spend more than one-half
ofthe review period in that out of el«ss assignment the employee and supervisor shall have a
Performance Planning Meeting as described in Step I above.
Core and Functional Competencies
AII ,^ri.veec .,H1I he reviewed and evalnated based on how well they can demonstrate specific
romnetencies. Competencies are es^enti.l to the success of each employee in their iob. There
.re two types of competencies: U Cor. - describes the reniiired competencies for all employees
and 2) Functional - describes competencies specific to the essential functions ofthe iob„
performed bv the employee.
All .^ni^yee. will be evaluated on the five core competencies and only two ofthe seven
fiinetional competencies Rach vear dnrinp the Performance Planning step, the supervisor and
the employee will talk about which functional competencies are the most appropnate to use m
the upcoming year hased on the employee's specific iob priorities and work plan. Each year, the
...nervisor and the employee will select the two functional competencies that will be used to
eyalnate the employee that year. If the employee does not apree with the two functional
competencies to he used, the employee will be allowed to select one functional competency and
the supervisor will choose the other.
Setting Priorities
Individual priorities indicate specific results to he achieved bv an employee for the coming
period Priorities otlen chgnpe from year to year because they are intended to focus on a
sionificant outcome identified bv the department. The Citv will support the employee in their
development and aim to create an enyironment of enpagement. innovation and excellence.
Supervisors will determine three priorities for an employee and will link each priority to a core
or functional competency. Priorities m..st he related to a significant component ofthe
emnlovee's iob and the needs ofthe Citv and individual department or division Supervisors will
communicate orally and in writinp how each priority is linked to the mission ofthe
City/department and to the development ofthe employee.
Individual priority setting is to be done in light of organizational goals and departmental goals
.nd priorities. That is goals are to cascade down based on the City's strategic plan and
initiatives ft-pm senior management, to mid-level managers, to supervisors and to line employees.
A well-written perfonnance priority has these basic components:
> it is action oriented Te.g includes nhrases such as 'to make' 'to complete', 'to adjust');
59
> it includes a measurable indicator (e.g., quantity, rate, expense, quality, degree of accuracy,
timeliness);
> there are constraints, such as time limitations; and
> it follows the SMART criteria (see below).
Using S.M.A.R.T. Criteria
Specific
Priorities must express the action and results required so that both the
Specific employee and supervisor can see clearly whether the priority has been
achieved. What is the achievement or result that is expected?
Measurable
When setting priorities, there must be some way of measuring and
Measurable verifying whether the priority has been achieved and to what level. How
will the employee and supervisor know if the obiective has been met?
Achievable
Although they should provide challenge and development to the
Achievable individual, priorities also must be achieved. Is it reasonable that the
priority be achieved?
Relevant
The priorities must be relevant to the level at which the individual is at in
Relevant their career and to the workload of their particular area. Does the priority
contribute to the department, division, or overall organization's success?
Time-bound Priorities need to have clearly defined time periods. What is the Time-bound completion date of each milestone?
Rating Process and Criteria
The supervisor is responsible for rating the employee on all five core competencies, the two
selected functional competencies and the priorities, and for providing written narrative to explain
these ratings.
The rating system shown below will be used in evaluating employee performance.
1. Unsatisfactory 2. Improvement
Needed 3. Competent 4. Commendable 5. Exemplary
Performance does
not meet
requirements.
Performance is
consistently and
seriously
inadequate. This
employee must
make immediate
and sustained
improvements.
Performance does
not consistently
meet
requirements.
Performance
deficiencies are
such that
improvement is
needed for the
employee to
satisfactorily
meet
Performance
consistently
meets all
requirements.
Employee is
fully proficient
and adequately
demonstrates
the desired
competency
behaviors for
the level of the
Performance
exceeds
requirements and
demonstrates the
ability to handle
assignments of
greater complexity
and responsibility.
This employee
shows initiative
and seeks
opportunities to
Performance
significantly
exceeds
requirements.
Employee has
made
contributions
and
achievements
well beyond
those required
by their
60
In many cases,
performance
demonstrates
new areas of
productivity
and innovation
far beyond
position
requirements^
Employee Comments
„i,,,i ..„i.ed that they are encouraged but not required to provide ^at.
fhT^'Zu lUe documented for thekluMio^iSaiEm^^
performance evaluation documentation.
Signatures
^pervisor sign the f^^ and appropriate le^s of signah.res are obtained
m Tmmediate Supervisor
m Mid-level Manaper (if applicable)
m n^partment Director
> Hnman Resources
Employee Outlets . • ui. Wnw^^vpr employees who Hi<;p»pree with their rating
^^^^^^^^
^^^^^^^^^^^
be paid retroactively.
F. T inkinp Pay and P^'-^'-""'"';^,^^. ,, ^ .^.i^yee's overall performance rating and Flieibilitv for a merit increase is determined by an employee > uv-^ n ^
lIShiLL^tsalM^^
Eligibility
overaU ratirr "rnrr.petenf' or better to be eligible for Pnipl^Y^p^^ miK^t receive an overau rauIl^ <>• > ^miy^.^ "in^nrovement
61
Needed" or an "Unsatisfactory" performance rating are not eligible for performance based merit
increases.
An employee whose salary is at their salary range maximum is not eligible for a base pay
increase. In lieu of a base pay increase, eligible employees will receive a cash reward that is paid
out in a lump sum equivalent to the amount ofthe base pay increase that they would have
received if they were not at the salary range maximum. An eligible employee whose salary is
close to their salary range maximum (such that the designated pay increase would cause their
salary to exceed the salary range maximum) will receive a base pay increase up to the salary
range maximum and wili receive the remaining portion of the designated pay increase as a lump
sum cash reward as described above.
Base Pav Matrix
A base pav matrix will be used to reward performance. The City Council and CCEA negotiate a
contract, which determines the merit pool or budget for the annual CCEA pay increase. After all
of the performance reviews have been completed, merit increase percentages will be determined
by Human Resources based on the size of the Council approved base pay matrix funding,
distribution of all employees' performance ratings and distribution of employees in their salary
range (i.e. above or below the salary range midpoint). The goal is to assign merit increase
percentages that will use substantially all of the funding approved by the City Council for merit
increases for that performance cycle. An employee's overall performance rating (sum of
individual competency ratings) and position in the range put them in one of the cells "A," "B,"
"C," "D," "E," or "F" as shown in the sample Base Pay Matrix below. Each employee's merit
increase is determined using the base pay matrix.
SAMPLE BASE PAY MATRIX
7-10
Overall Performance Rutins
11-17 18-24 25-31 32-35
Salary Ranse
Placement Improvement
Unsatisfactory Needed Competent Commendable Exemplary
At or above
salary ranse
midpoint
0.0% 0.0% A% c% E%
0.0% 0.0% D% F%
IV. PROCEDURES:
62
1. All employees will be reviewed at mid-year and at the end of the calendar year. After both
of these review meetings are completed, the performance evaluation form, including
performance ratings, will be submitted to Human Resources and be made a part ofthe
employee's personnel file.
2. The immediate supervisor most familiar with the employee's performance during the rating
period shall be the rater. If the employee has had more than one supervisor during the
evaluation period, the other supervisor(s) will be consulted and only one evaluation
form/overall rating will be submitted.
3. Electronic performance evaluations forms will be made available bv the Human Resources
Department.
4. Ratings shall be based upon the competent performance of the full range of skills indicated
bv the class specification covering the employee's position. In the event that the class
specification is not representative of the employee's current responsibilities. Human
Resources will be notified and asked to review and make recommendations. Deviations from
the class specification should be noted on the performance evaluation form.
5. Every eligible employee's performance evaluation is due to Human Resources by January
31. Any overdue evaluations will be reported to the Department Director and the City
Manager. Exceptions may be made for extenuating circumstances, such as employees out on
leaves of absence (see section 7). The Human Resources Department will review all ofthe
performance ratings and calculate the base pay salary increases and/or cash rewards to be
awarded for each rating level based on the base pay matrix funding established by the City
Council.
6. Merh increases shall be distributed within 30 calendar days of receiving the last performance
review or no later than the first full pay period in March. Merh increases will be effective
retroactive to the last day of the performance review cycle.
7. Employees are eligible for a base pay salary increase or cash reward if the following
requirements are met:
• the employee receives a rating of "Competenf or higher on his/her year-end performance
review;
• the employee has been in a CCEA position for a minimum of 6 months*; and
• the employee is active on payroll at the time that merh increases are processed in the
payroll system.
*Merit increases for employees hired into a CCEA position during the review cycle will be
prorated as follows:
Start Date Prorated Merit Increase%
January 1- March 31 100%
63
April 1-June 30 75%
July 1 - December 31 0%
^rS.Anv non-probationary employee may be advanced in the pay range during the performance
review period regardless of the length of time served at the employee's present pay rate.
This advancement requires the written recommendation of the employee's manager and the
approval of the employee's department head and City Manager.
279.Employees who were promoted during the performance cycle will receive a year end
performance-related pay increase based on their salary as of the last day of the performance
cycle.
10. Eligible employees who are in an out of class assigmnent will receive a merh increase
calculated using salary information from their regular position.
11. If as a resuh of a salary range adiustment. an employee's base salary falls below the
minimum ofthe salary range, the employee's salary will be increased to the new range
minimum as of the date City Council approves the salary range adiustment.
12. An employee who is on a leave of absence during the year-end review process will meet with
his/her supervisor upon retum to work and complete a year-end review. If the employee was
on a leave of absence (other than a statutorily protected leave of absence) for a portion ofthe
review period he/she will be eligible for a prorated merh increase for that review period
according to the following schedule:
Length of leave* %) of merit increase eligible
< 91 calendar days 100%
91-180 calendar days 75%
> 180 calendar days 0%
*not inclusive of statutory leave time
13. Employees who terminate employment after the last day of the review cycle will not be
eligible for merit increases.
V. COMPENSATION PLAN;
The key element ofthe CCEA employee pay for performance program is the base pay structure.
Covering all CCEA iobs. the base pay structure reflects competitive pay levels for iobs assigned
to each pay grade and provides the basis for equitable pay decisions.
The CCEA Salary Schedule contains multiple salary ranges. Each salary range has a minimum,
midpoint and maximum. Employees who are inexperienced or newly hired may be paid below
the midpoint of the salary grade.
64
Tn keeping with the Citv Council'^^ philosophy of surveying the total compensation of local
agencies, the agencies listed below will be considered in the survey market for CCEA.
City of Chula Vista
City of Coronado
Citv of Del Mar
Citv of El Cai on
Citv of Encinitas
Citv of Escondido
Citv of Imperial Beach
City of La Mesa
City of National City
Citv of Oceanside
Citv of Poway
Citv of San Marcos
Citv of Solana Beach
City of San Diego
Citv of Santee
Citv of Vista
County of San Diego
j^. p..o.rrP. Department will .nnnallv compare salary and benefits information on
.^.^ rity nf r.rkh^d benchmark dn.sification with appropriate classifications in the comparator
pronp Those classification, that are considered benchmarks are those in which there was a
Lhlr^tial match between the competencies and duties required for iobs at the City of Car sbad
.nd those for the cnn.p.rator group. A benchmark requires a minimum of three comparators.
Tl.. jnK .^.t.hinp i. conducted bv t^^ Hnman Resources Department. From time to time the
Citv Council may ^I^Q request that private sector salary and benefits data be reviewed and
compared to benchmark positions at the City of Carlsbad.
ritv of Cnrlsbad iob classification is assigned to a specific salary range. The non-
henchmark position^ ^re assigned to the salary structure based on intemal relationships,
.r.ponsihilitv and/or v^^wl.Le skills a^;Z^i^of jobs. The benchmark salary data wijlb^
Zeved annually an^ the benchmark comparisons will be modified when the classification^
change within the organization.
Human Resources will provide the CCRA with supporting data for all salary range evaluations
and adiustments.
p.,:.^;..iiv the Hnman Resources nepartment will bring forth salary range movement
end.tinns to City Council that are based on market and economic conditions, and may
rrdrone or more sa^.^ -^noes CCRA and the City agree that the City will negotiate salary.
range movements.
VI. TRAINING
65
In an effort to support the organization during the transition to this new system, an extensive
training nrogram will ^ designed to enhance the eyaliiation and feedback skills of supervisors.
Skills training will include:
• Performance Planning - Competencies
• Conducting Performance Evaluations
• Coaching. Counseling and Feedback
• Compensation Administration
• Performance Planning - Goal Setting
These training sessions will occur Prior to the Performance ^4anagement phase in which these
.H^ic ..AU IpUed After the inhinl training, the Human Resources Department will offer
neriodic review se<^^ions for CCEA and Management employees to reinforce managerial and
Lpervisorv skills and to t..in emnlovees. CCEA employees wiU be provideti with materials and.
information seminar^ Hnnng work hours to be provided bv the City to help them understand the.
Pay for Performance System.
VII. GLOSSARY
Rase Pav incre^^^ - A prospective pav increase to an employee's base salary, as calculated to
exclude any additional pays. j . u • „ Rase nav matriv - Matrix that determines the base pay increases and cash rewards to be given
rJl'h^riwa JT^e time "lump sum" payment equivalent to the amount of the base pay
ip.,,.., th.t employee would have received if he/she were not at the salary range maximum,
rrinererse - E^L a hase pay incre^^e or cash reward as detenr^ined by the ba^ay
market - l ist of Council approved agencies to be used when reviewing market
competitiveness.
66
IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized
J^prefentTve to execute the Memorandum of Understanding the day, month, and year noted
below.
City of Carlsbad
LI^A Till D ^P^P ^NDT^H>-T rn ATFS City Manager
Approved as to form;
RONALD R. BALI CELIABREWER, City Attomey
Carlsbad City Employees' Association
STEVE JAHTZPAMELA DREW, President, CCEA
Date
Date
Date
67
Attachment A
SALARY SCHEDULE - GENERAL EMPLOYEES
Approved June 18, 2013, Retroactive to February 18, 2013
CLASSIFICATION
ACCOUNT CLERK I
ACCOUNT CLERK II
ACCOUNTANT
ACCOUNTING SUPERVISOR
ACCOUNTING TECHNICIAN
ADMINISTRATIVE SECRETARY
APPLICATIONS ANALYST
APPLICATIONS ASSOCIATE ANALYST
AQUATICS SPECIALIST
ASSISTANT ENGINEER
ASSISTANT PLANNER
ASSISTANT TO THE TREASURER
ASSOCIATE CONTRACT ADMINISTRATOR
ASSOCIATE ENGINEER
ASSOCIATE PLANNER
BUILDING INSPECTOR I
BUILDING INSPECTOR II
BUILDING MAINTENANCE WORKER I
BUILDING MAINTENANCE WORKER II
BUILDING TECHNICIAN II
BUSINESS INTELLIGENCE ANALYST
BUSINESS SYSTEMS ASSOCIATE
BUSINESS SYSTEMS SPECIALIST
BUYER/CONTRACT ADMINISTRATOR
CLIENT SYSTEMS ADMINISTRATOR
RANGE
17
25
68
54
40
42
94
75
49
82
64
73
52
98
78
55
70
29
41
50
84
70
84
63
87
CLIENT SYSTEMS ASSOC. ADMINISTRATOR 51
CIRCULATION SUPERVISOR ^7
CODE COMPLIANCE SPECIALIST I 43
CODE COMPLIANCE SPECIALIST II 55
COMMUNITY OUTREACH SUPERVISOR 58
CRIME PREVENTION SPECIALIST 44
CROSS CONNECTION CONTROL TECHNICIAN 56
CUSTODIAN ^
CUSTODIAN II
DEPUTY CITY CLERK/TECHNICIAN 3 9
ELECTRICIAN
ENGINEERING TECHNICIAN I 45
ENGINEERING TECHNICIAN II 57
ENVIRONMENTAL SPECIALIST I 52
ENVIRONMENTAL SPECIALIST II 6 9
EQUIPMENT SERVICE WORKER 18
EQUIPMENT TECHNICIAN I ^4
EQUIPMENT TECHNICIAN II 51
GIS ADMINISTRATOR
GIS ANALYST
GIS ASSOCIATE ANALYST 70
GIS TECHNICIAN ^°
GRAPHIC ARTIST
HOUSING ASSISTANT ^0
HOUSING SPECIALIST I
HOUSING SPECIALIST II
HUMAN RESOURCES TECHNICIAN 52
CLASSIFICATION
INSPECTOR I
INSPECTOR II
JUNIOR ENGINEER
JUNIOR PLANNER
JUVENILE JUSTICE PROGRAM COORD.
LEAD EQUIPMENT TECHNICIAN
LEAD LIBRARIAN .
LEGAL ASSISTANT
LEGAL SECRETARY
LIDRARIxAI-T 1
LIDRT^J-IT^^T TI
RANGE
55
70
68
50
58
61
63
56
49
4^
LIBRARIAN
LIBRARIAN' Y-RATED^
55
55Y
26
37
3
6
58
10
14
1
1
33
46
87
70
5
11
LIBRARY ASSISTANT I
LIBRARY ASSISTANT II
LIBRARY CLERK I
LIBRARY CLERK II
LIBRARY MEDIA&GRAPHICS SUPERVISOR
MAINTENANCE AIDE
MAINTENANCE WORKER I
MAIL CLERK/MESSENGER
METER SERVICES WORKER I
METER SERVICES WORKER II
METER SERVICES WORKER III
NETWORK ENGINEER
NETWORK OPERATOR
OFFICE SPECIALIST I
OFFICE SPECIALIST II
OPERATIONS/MAINTENANCE STOREKEEPER 43
- 41
28
46
85
35
50
17
22
39
56
10
29
54
24
46
56
34
109
85
PARK MAINTENANCE SPECIALIST
PARK MAINTENANCE WORKER II
PARK MAINTENANCE WORKER III
PARK PLANNER
PLANNING TECHNICIAN I
PLANNING TECHNICIAN II
POLICE RECORDS SPECIALIST I
POLICE RECORDS SPECIALIST II
PRODUCTION TECHNICIAN
RECORDS MANAGEMENT SUPERVISOR
RECREATION ASSISTANT
RECREATION SPECIALIST
RECREATION SUPERVISOR
SANITATION SYSTEMS OPERATOR I
SANITATION SYSTEMS OPERATOR II
SANITATION SYSTEMS OPERATOR III
SECRETARY
SENIOR APPLICATIONS ANALYST
SENIOR BUILDING INSPECTOR
SENIOR BUILDING MAINTENANCE WORKER 51
SENIOR BUSINESS SYSTEMS SPECIALIST 99
SENIOR CIRCULATION SUPERVISOR 50
SENIOR CONSTRUCTION INSPECTOR 85
SENIOR CONTRACT ADMINISTRATOR 79
are v-rated in the salary range 55Y.
SENIOR CROSS CONN. CONTROL TECH. 66
CLASSIFICATION RANGE
SENIOR DATABASE ADMINISTRATOR 113
SENIOR ELECTRICIAN 51
SENIOR ENVIRONMENTAL SPECIALIST 84
SENIOR LIBRARIAN 73
SENIOR NETWORK ENGINEER 113
SENIOR OFFICE SPECIALIST 22
SENIOR PLANNER 91
SENIOR STORM DRAIN MAINT. WORKER 48
SENIOR WEB ENGINEER 113
SITE MANAGER 4
STOREKEEPER 18
STORM DRAIN MAINTENANCE WORKER 34
STREET MAINTENANCE WORKER II 28
STREET MAINTENANCE WORKER III 46
TECHNICIAN I 35
TREE TRIMMER I 20
TREE TRIMMER II 32
TREE TRIMMER LEADWORKER 46
TRAFFIC SYSTEMS OPS SPECIALIST 80
TRAINING COORDINATOR 4 9
UTILITY MAINTENANCE WORKER III 45
UTILITY WORKER I 24
UTILITY WORKER II 40
UTILITY WORKER III 50
VALVE MAINTENANCE WORKER 45
WASTE WATER UTILITY WORKER I 24
WASTE WATER UTILITY WORKER II 40
WASTE WATER UTILITY WORKER III 50
WAREHOUSE TECHNICIAN 43
WATER CONSERVATION SPECIALIST 40
WATER SYSTEMS OPERATOR I 34
WATER SYSTEMS OPERATOR II 54
WATER SYSTEMS OPERATOR III 64
ATTACHMENT A1
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Approved 6/18/2013; Retroactive to 2/18/2013
STEP 6 STEP 7
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
1 $1,186.87 $ 1,246.23 $ 1,308.53 $ 1,373.95 $1,442.64 1 $1,514.77 $1,552.64
2 $1,198.73 $ 1,258.68 $ 1,321.61 $ 1,387.72 $1,457.08 2 $1,529.93 $1,568.18
3 $1,210.73 $ 1,271.25 $ 1,334.82 $ 1,401.57 $1,471.65 3 $1,545.24 $1,583.87
4 $1,222.83 $ 1,283.98 $ 1,348.19 $ 1,415.62 $1,486.37 4 $1,560.69 $1,599.70
5 $1,235.07 $ 1,296.83 $ 1,361.65 $ 1,429.75 $1,501.23 5 $1,576.29 $1,615.70
6 $1,247.40 $ 1,309.78 $ 1,375.26 $ 1,444.02 $1,516.27 6 $1,592.09 $1,631.89
7 $1,259.89 $ 1,322.90 $ 1,389.02 $ 1,458.49 $1,531.41 7 $1,607.98 $1,648.19
8 $1,272.49 $ 1,336.12 $ 1,402.91 $ 1,473.06 $1,546.73 8 $1,624.06 $1,664.67
9 $1,285.22 $ 1,349.48 $ 1,416.94 $ 1,487.77 $ 1,562.19 9 $1,640.30 $1,681.30
10 $1,298.09 $ 1,362.98 $ 1,431.11 $ 1,502.68 $1,577.80 10 $1,656.68 $1,698.10
11 $1,311.04 $ 1,376.58 $ 1,445.44 $ 1,517.71 $ 1,593.56 11 $1,673.25 $1,715.07
12 $1,324.15 $ 1,390.37 $ 1,459.89 $ 1,532.88 $ 1,609.52 12 $1,689.99 $1,732.24
13 $1,337.40 $ 1,404.26 $ 1,474.49 $ 1,548.21 $ 1,625.62 13 $1,706.90 $1,749.57
14 $1,350.78 $ 1,418.31 $ 1,489.22 $ 1,563.67 $1,641.85 14 $1,723.94 $1,767.04
15 $1,364.28 $ 1,432.48 $ 1,504.13 $ 1,579.32 $1,658.29 15 $1,741.20 $1,784.73
16 $1,377.91 $ 1,446.83 $ 1,519.16 $ 1,595.12 $1,674.87 16 $1,758.61 $1,802.57
17 $1,391.73 $ 1,461.28 $ 1,534.34 $ 1,611.06 $1,691.64 17 $1,776.22 $1,820.63
18 $1,405.63 $ 1,475.90 $ 1,549.69 $ 1,627.18 $ 1,708.53 18 $1,793.96 $1,838.81
19 $1,419.67 $ 1,490.66 $ 1,565.18 $ 1,643.43 $ 1,725.64 19 $1,811.92 $1,857.22
20 $1,433.89 $ 1,505.56 $ 1,580.82 $ 1,659.90 $1,742.88 20 $1,830.03 $1,875.78
21 $1,448.22 $ 1,520.61 $ 1,596.66 $ 1,676.47 $1,760.31 21 $1,848.32 $1,894.53
22 $1,462.67 $ 1,535.83 $ 1,612.60 $ 1,693.23 $ 1,777.91 22 $1,866.81 $1,913.48
23 $1,477.32 $ 1,551.21 $ 1,628.74 $ 1,710.19 $ 1,795.70 23 $1,885.49 $1,932.62
24 $1,492.10 $ 1,566.69 $ 1,645.03 $ 1,727.27 $1,813.65 24 $1,904.34 $1,951.94
25 $1,507.01 $ 1,582.37 $ 1,661.46 $ 1,744.54 $1,831.79 25 $1,923.38 $1,971.46
26 $1,522.08 $ 1,598.20 $ 1,678.10 $ 1,762.00 $ 1,850.11 26 $1,942.61 $1,991.18
27 $1,537.30 $ 1,614.19 $ 1,694.89 $ 1,779.59 $1,868.60 27 $1,962.03 $2,011.08
28 $1,552.68 $ 1,630.33 $ 1,711.81 $ 1,797.42 $ 1,887.32 28 $1,981.69 $2,031.23
29 $1,568.20 $ 1,646.62 $ 1,728.97 $ 1,815.38 $1,906.14 29 $2,001.44 $2,051.48
30 $1,583.86 $ 1,663.08 $ 1,746.23 $ 1,833.55 $ 1,925.22 30 $2,021.49 $2,072.03
31 $1,599.73 $ 1,679.71 $ 1,763.70 $ 1,851.88 $ 1,944.48 31 $2,041.70 $2,092.74
32 $1,615.72 $ 1,696.50 $ 1,781.32 $ 1,870.40 $ 1,963.90 32 $2,062.10 $2,113.65
33 $1,631.87 $ 1,713.45 $ 1,799.13 $ 1,889.10 $ 1,983.56 33 $2,082.74 $2,134.81
34 $1,648.21 $ 1,730.63 $ 1,817.12 $ 1,908.00 $ 2,003.40 34 $2,103.57 $2,156.16
35 $1,664.69 $ 1,747.92 $ 1,835:33 $ 1,927.06 $ 2,023.44 35 $2,124.61 $2,177.73
36 $1,681.31 $ 1,765.40 $ 1,853.64 $ 1,946.34 $ 2,043.66 36 $2,145.85 $2,199.49
37 $1,698.15 $ 1,783.04 $ 1,872.19 $ 1,965.81 $ 2,064.09 37 $2,167.30 $2,221.47
38 $1,715.09 $ 1,800.86 $ 1,890.89 $ 1,985.48 $ 2,084.74 38 $2,188.98 $2,243.70
39 $1,732.24 $ 1,818.87 $ 1,909.83 $ 2,005.32 $2,105.59 39 $2,210.86 $2,266.13
40 $1,749.61 $ 1,837.09 $ 1,928.93 $ 2,025.35 $2,126.65 40 $2,232.99 $2,288.81
ATTACHMENT Al
THE CITY OF CARLSBAD
GENERAL ElVIPLOYEE BIWEEKLY SALARY SCHEDULE
Approved 6/18/2013; Retroactive to 2/18/2013
STEP 6 STEP 7
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
41 $1,767.12 $ 1,855.42 $ 1,948.23 $ 2,045.62 $2,147.90 41 $2,255.30 $2,311.68
42 $1,784.75 $ 1,874.02 $ 1,967.70 $ 2,066.09 $2,169.37 42 $2,277.83 $2,334.78
43 $1,802.61 $ 1,892.73 $ 1,987.36 $ 2,086.76 $2,191.08 43 $2,300.63 $2,358.14
44 $1,820.64 $ 1,911.67 $ 2,007.24 $2,107.63 $2,212.97 44 $2,323.62 $2,381.71
45 $1,838.85 $ 1,930.76 $ 2,027.33 $2,128.70 $2,235.13 45 $2,346.89 $2,405.55
46 $1,857.24 $ 1,950.10 $ 2,047.61 $2,149.96 $ 2,257.47 46 $2,370.35 $2,429.61
47 $1,875.81 $ 1,969.59 $ 2,068.09 $2,171.47 $2,280.05 47 $2,394.05 $2,453.90
48 $1,894.55 $ 1,989.30 $ 2,088.75 $2,193.18 $2,302.86 48 $2,418.01 $2,478.46
49 $1,913.52 $ 2,009.20 $2,109.65 $2,215.13 $2,325.86 49 $2,442.16 $2,503.22
50 $1,932.65 $ 2,029.29 $ 2,130.75 $ 2,237.26 $2,349.14 50 $2,466.60 $2,528.27
51 $1,951.96 $ 2,049.57 $2,152.05 $ 2,259.66 $ 2,372.62 51 $2,491.25 $2,553.53
52 $1,971.48 $ 2,070.05 $2,173.57 $ 2,282.24 $2,396.35 52 $2,516.17 $2,579.07
53 $1,991.20 $ 2,090.75 $2,195.32 $ 2,305.05 $2,420.31 53 $2,541.33 $2,604.86
54 $2,011.12 $2,111.69 $2,217.24 $2,328.12 $ 2,444.52 54 $2,566.75 $2,630.92
55 $2,031.21 $2,132.78 $ 2,239.44 $2,351.40 $ 2,468.96 55 $2,592.41 $2,657.21
55Y N/A N/A N/A N/A $ 2,543.80 55Y $2,671.00 N/A
56 $2,051.53 $2,154.13 $2,261.80 $ 2,374.92 $ 2,493.66 56 $2,618.34 $2,683.80
57 $2,072.07 $2,175.66 $ 2,284.44 $ 2,398.66 $2,518.59 57 $2,644.51 $2,710.63
58 $2,092.76 $2,197.41 $ 2,307.27 $ 2,422.64 $2,543.80 58 $2,671.00 $2,737.77
59 $2,113.71 $2,219.38 $ 2,330.35 $ 2,446.89 $ 2,569.22 59 $2,697.68 $2,765.13
60 $2,134.83 $ 2,241.58 $ 2,353.66 $2,471.36 $ 2,594.91 60 $2,724.66 $2,792.77
61 $2,156.19 $ 2,263.99 $ 2,377.20 $ 2,496.06 $ 2,620.86 61 $2,751.90 $2,820.70
62 $2,177.75 $ 2,286.63 $2,401.00 $2,521.03 $ 2,647.07 62 $2,779.42 $2,848.91
63 $2,199.51 $ 2,309.49 $ 2,424.99 $ 2,546.22 $ 2,673.54 63 $2,807.21 $2,877.40
64 $2,221.53 $ 2,332.59 $ 2,449.23 $2,571.69 $2,700.26 64 $2,835.27 $2,906.16
65 $2,243.74 $ 2,355.91 $ 2,473.71 $ 2,597.40 $ 2,727.26 65 $2,863.63 $2,935.22
66 $2,266.15 $ 2,379.48 $ 2,498.46 $ 2,623.38 $ 2,754.54 66 $2,892.27 $2,964.58
67 $2,288.84 $ 2,403.28 $ 2,523.44 $ 2,649.61 $2,782.08 67 $2,921.18 $2,994.21
68 $2,311.69 $ 2,427.31 $ 2,548.67 $ 2,676.07 $2,809.90 68 $2,950.39 $3,024.15
69 $2,334.85 $ 2,451.58 $2,574.15 $ 2,702.88 $ 2,838.02 69 $2,979.92 $3,054.42
70 $2,358.19 $ 2,476.09 $ 2,599.91 $ 2,729.93 $ 2,866.39 70 $3,009.71 $3,084.95
71 $2,381.76 $ 2,500.84 $ 2,625.90 $2,757.21 $2,895.05 71 $3,039.81 $3,115.80
72 $2,405.59 $ 2,525.86 $ 2,652.17 $ 2,784.78 $ 2,924.02 72 $3,070.21 $3,146.97
73 $2,429.65 $2,551.11 $ 2,678.70 $2,812.59 $2,953.26 73 $3,100.92 $3,178.45
74 $2,453.91 $ 2,576.62 $ 2,705.47 $ 2,840.76 $ 2,982.79 74 $3,131.93 $3,210.23
75 $2,478.49 $ 2,602.41 $ 2,732.53 $2,869.14 $3,012.60 75 $3,163.22 $3,242.31
76 $2,503.24 $ 2,628.42 $ 2,759.83 $ 2,897.82 $ 3,042.74 76 $3,194.88 $3,274.76
77 $2,528.29 $ 2,654.72 $ 2,787.44 $ 2,926.84 $3,073.18 77 $3,226.84 $3,307.51
78 $2,553.56 $2,681.27 $2,815.34 $ 2,956.09 $3,103.91 78 $3,259.11 $3,340.58
79 $2,579.12 $ 2,708.10 $ 2,843.45 $ 2,985.64 $3,134.93 79 $3,291.67 $3,373.97
ATTACHMENT Al
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Approved 6/18/2013; Retroactive to 2/18/2013
STEP 6 STEP 7
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
80 $2,604.91 $ 2,735.15 $ 2,871.94 $3,015.53 $3,166.28 80 $3,324.59 $3,407.70
81 $2,630.95 $ 2,762.52 $ 2,900.66 $ 3,045.68 $3,197.96 81 $3,357.86 $3,441.81
82 $2,657.28 $ 2,790.14 $ 2,929.61 $3,076.13 $ 3,229.93 82 $3,391.42 $3,476.21
83 $2,683.85 $2,818.04 $ 2,958.96 $3,106.89 $ 3,262.22 83 $3,425.33 $3,510.96
84 $2,710.66 $ 2,846.21 $ 2,988.55 $3,137.95 $ 3,294.84 84 $3,459.57 $3,546.06
85 $2,737.77 $ 2,874.68 $ 3,018.40 $3,169.33 $ 3,327.82 85 $3,494.20 $3,581.56
86 $2,765.16 $ 2,903.43 $ 3,048.60 $3,201.02 $3,361.05 86 $3,529.11 $3,617.34
87 $2,792.80 $ 2,932.45 $ 3,079.11 $ 3,233.05 $ 3,394.68 87 $3,564.42 $3,653.53
88 $2,820.74 $2,961.78 $ 3,109.85 $ 3,265.35 $ 3,428.65 88 $3,600.09 $3,690.09
89 $2,848.95 $2,991.38 $ 3,140.96 $ 3,297.99 $ 3,462.93 89 $3,636.08 $3,726.97
90 $2,877.44 $ 3,021.29 $ 3,172.35 $3,331.01 $ 3,497.54 90 $3,672.41 $3,764.23
91 $2,906.23 $ 3,051.54 $ 3,204.10 $ 3,364.31 $ 3,532.50 91 $3,709.12 $3,801.85
92 $2,935.25 $ 3,082.02 $ 3,236.14 $ 3,397.96 $ 3,567.85 92 $3,746.24 $3,839.90
93 $2,964.64 $ 3,112.86 $ 3,268.52 $3,431.94 $ 3,603.53 93 $3,783.71 $3,878.30
94 $2,994.27 $ 3,143.98 $ 3,301.19 $ 3,466.23 $ 3,639.57 94 $3,821.55 $3,917.09
95 $3,024.19 $ 3,175.42 $ 3,334.21 $ 3,500.91 $ 3,675.97 95 $3,859.77 $3,956.26
96 $3,054.43 $ 3,207.20 $ 3,367.55 $ 3,535.92 $3,712.71 96 $3,898.34 $3,995.80
97 $3,084.99 $ 3,239.25 $ 3,401.21 $3,571.28 $ 3,749.83 97 $3,937.32 $4,035.76
98 $3,115.85 $ 3,271.65 $ 3,435.21 $ 3,606.99 $ 3,787.34 98 $3,976.71 $4,076.12
99 $3,147.01 $ 3,304.37 $ 3,469.58 $ 3,643.06 $ 3,825.22 99 $4,016.49 $4,116.90
100 $3,178.47 $ 3,337.43 $ 3,504.26 $ 3,679.50 $ 3,863.46 100 $4,056.63 $4,158.05
101 $3,210.25 $ 3,370.78 $ 3,539.33 $3,716.29 $3,902.10 101 $4,097.21 $4,199.64
102 $3,242.37 $ 3,404.49 $ 3,574.74 $ 3,753.44 $3,941.13 102 $4,138.19 $4,241.64
103 $3,274.79 $ 3,438.53 $ 3,610.46 $ 3,790.99 $ 3,980.52 103 $4,179.54 $4,284.04
104 $3,307.56 $ 3,472.91 $ 3,646.56 $ 3,828.89 $4,020.35 104 $4,221.36 $4,326.90
105 $3,340.62 $ 3,507.67 $ 3,683.04 $ 3,867.17 $4,060.53 105 $4,263.55 $4,370.14
106 $3,374.03 $ 3,542.74 $ 3,719.86 $ 3,905.85 $4,101.15 106 $4,306.21 $4,413.87
107 $3,407.78 $ 3,578.14 $ 3,757.09 $ 3,944.93 $4,142.18 107 $4,349.29 $4,458.03
108 $3,441.84 $ 3,613.94 $ 3,794.64 $ 3,984.35 $4,183.57 108 $4,392.75 $4,502.57
109 $3,476.25 $ 3,650.07 $ 3,832.57 $ 4,024.21 $ 4,225.42 109 $4,436.69 $4,547.61
110 $3,511.02 $ 3,686.57 $ 3,870.90 $ 4,064.44 $ 4,267.65 110 $4,481.04 $4,593.06
111 $3,546.11 $ 3,723.43 $ 3,909.61 $4,105.09 $4,310.33 111 $4,525.85 $4,639.00
112 $3,581.58 $ 3,760.67 $ 3,948.70 $4,146.14 $4,353.43 112 $4,571.10 $4,685.38
113 $3,617.39 $ 3,798.27 $ 3,988.18 $4,187.62 $ 4,396.97 113 $4,616.82 $4,732.24
ATTACHMENT B
BENEFITS RETAINED BY CMWD EMPLOYEES
A. Health Insurance
The City will provide employees and dependents with a choice of ACWA-Blue Cross
Prudent Buyer, ACWA-Califomia Care, or ACWA-Kaiser health insurance. The City
will provide any of the ACWA policies at no cost to the employee.
During the month of July 1992, the City shall hold an open enrollment for the City's
health, dental, and vision insurance programs. If an employee elects to enroll in the
City's health, dental and/or vision insurance program(s), he/she is not eligible to retum to
the current plan(s) as set forth above and below, and thereafter may only participate in
City sponsored plan(s).
B. Health Insurance for Retirees
The City will pay, after retirement of an employee, premiums for existing medical
coverage provided the employee has met the following requirements:
1. Voluntarily retired after the age of 50 with no less than five years of service, and
whose age combined with years of service equals 70 or more; or
2. Retired by having reached the mandatory retirement age established under the
State of Califomia Public Employees' Retirement System with no less than five
years of service.
Medical coverage for the Retiree will be coordinated with Medicare and other benefits
provided by federal and state law, and will thereby be reduced when the Retiree qualifies
for those benefits.
Medical coverage for the spouse and dependents of a Retiree will be coordinated with
Medicare and other benefits provided by federal and state law, and will thereby be
reduced when the spouse qualifies for those benefits.
Upon death of the Retiree, health insurance coverage for the spouse and dependents will
be continued, provided the spouse keeps the City informed of his/her name, address and
marital status. In the event such spouse remarries, his or her eligibility for such coverage
ceases immediately and shall be terminated. As used herein, "spouse" shall mean the
spouse of the employee at the time of the employee's retirement.
If the Retiree divorces, neither his/her new spouse nor his/her former spouse will be
eligible for coverage and it shall cease immediately and be terminated. The former
spouse would only be eligible for continued health care coverage at his or her expense as
required under federal law.
C. Dental Insurance
The City shall provide employees and dependents with a dental plan (Delta Care, Group
No. 2692 or Delta Dental, Group No. 399-0139), including orthodontia coverage for
dependent children only, at no cost to the employee.
D. Eve Care Plan
The City will provide employees and dependents with an eye care plan (VSP, Plan C,
Group No. 228049 A-R). The plan will provide a reasonable amount of coverage at no
cost to the employee.
E. Life Insurance
The City will provide the employee a group term life insurance policy (American
Bankers Life Assurance Company of Florida, Plan No. 0670), which will provide
protection of 1 x armual pay, up to a maximum of $50,000 at no cost to the employee.
The City also provides Term Life Insurance and AD&D of $9,000.
F. Deferred Compensation
The City has established a Deferred Compensation Plan which employees may
voluntarily participate in. The City shall match employee contributions up to a maximum
of 7.5% of an employee's bi-weekly eamings.
G. Overtime
Overtime shall be defined as work performed before or after the regularly scheduled
work day or work week. Work in addition to the regularly scheduled work day shall be
paid at the rate of time and one-half of an employee's pay. In addition, all hours worked
on Sundays and holidays shall be paid at double time.
H. Standby
Two employees shall be on standby at all times. Each such employee shall remain on
standby for a one week period and shall receive $30 per day for each day on standby
assignment. The employee shall be compensated in the normal maimer for any work
performed. Standby shall not be regarded as call back work.
I. Vacation
Vacation accmal can be used in 15 minute increments. Accmals will be calculated
daily
1. Eamings Rates
After completion of 20 years of continuous service, an employee will be granted
vacation at the rate of 33 minutes per day.
2. Carryover of Unused Vacation Hours
Vacation time accumulation as of January 1 each year may be permitted as
follows:
Employees with 20 or more years of service - 400 hours
Effective January 1 of each year, vacation time in excess of the above-mentioned
hours will be eliminated.
J. Sick Leave Buvback
1. An employee has the option of selling back to the City 100% of any accumulated
sick leave in excess of 250 hours.
2. The City, at its discretion, may purchase any accumulated sick leave fi-om an
employee.
K. Sick Leave at Termination
1. Retirement
Upon retirement in accordance with either the voluntary service or compulsory
service retirement provisions of CalPERS, an employee will receive 50% of all
accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of
250 hours shall be reimbursable at 100%.
2. Death
Upon an employee's death, while still employed, all compensation due an
employee will be paid to his/her designated beneficiary. Compensation for all
accumulated vacation time, 50% of all sick leave up to 250 hours, and 100% of
sick leave in excess of 250 hours shall also be made.
3. Discharge
The Department Head shall notify any such employees of discharge in writing.
All such discharged employees shall be entitied to any normal compensation due,
and shall receive all accumulated vacation time due. If employed at least one
year, an employee will receive 50% of all accumulated sick leave up to 250 hours
and 100% of any sick leave in excess of 250 hours.
4. Lay Off
Layoffs may be required due to lack of work, a decrease in or loss of fimds, or
changing position requirements. Should layoffs be required, they will be
implemented by considering an employee's proficiency, productivity, length of
employment, attendance, and reliability. Such employees shall receive two weeks
yvritten notice of layoff. When layoff is anticipated to exceed 14 days duration,
the following shall apply: An employee will be paid all accumulated vacation
pay due. If employed at least one year, an employee will receive 50% of all
accumulated sick leave in excess of 250 hours to be reimbursable at 100%.
5. Resignation
Employment may be terminated at will by an employee. If an employee wishes
to resign, the City desires a two (2) week notice in writing. All accumulated
vacation pay and sick leave compensation will be paid upon resignation. If
employed at least one year, an employee will receive 50% of all accumulated sick
leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall
be reimbursable at 100%.
L. Long-Term Disability
Long-term disability benefits shall be provided at 66-2/3% of pay, with a minimum
monthly benefit of $50 and maximum benefit of $2,500.
M. Longevity Pay
Each classified regular employee will be eligible for longevity allowance as follows:
After five (5) years of service in the same classification at Step 5, an employee
will be entitied to an allowance of 5% in addition to any other regular pay, i.e.
C.O.L.A., that an employee is entitied to. An employee will then be placed at the
Step 6. After an additional five (5) years, an employee will be entitied to a 2-
1/2% increase in addition to any other regular pay that an employee is entitied to
and is then classified as assigned to Step 7.
A $1,500 net award will be given every five (5) years thereafter to an employee
after he/she reaches L2.
Upon implementation ofthe pay for performance system on January L 2014. no employees shall
receive step increases or longevity increases. The new salary range maximums on January 1,
2014 will include the longevity maximums (as shown in Attachment C2).
N. Special Merit for Education
The City will continue a special merit award system to mutually benefit
employees and the City by stimulating and rewarding employees for educational
accomplishments. This program recognizes accomplishments in terms of
operator certification according to the following:
Grade Amount
One $ 150
Two $ 300
Three $ 500
Four $1,000
The decision to grant this lump-sum award shall be made by an employee's
supervisor, with approval by the Department Head. This is a one-time award
granted after obtaining the above certificate(s).
Q-. Special Housing Facilities-
Thc City maintaino a rooidcncc at Squires Dam. The purpooc of this rcoidonco is
to provide security for CMW^D facilities. Tho following conditiono apply to
employee assignment as caretaker:
-4. Emplovoo Status—
Tho employee asoignod as caretaker at Squires Dam shall be a full time
permanent employee.
Priority of Aoaignments—
In tho event of a vacancy at tho caretaker rosidonco, priority of assignment
shall bo operations crow memboro first and conotruction crow next.
Within crow memboro, longevity with tho City shall bo tho second
criterion.
4. Solo Place of Pv.ooidenee—
Tho crow member aooigned as caretaker shall maintain tho rooidonce as
his/hor solo place of residence.
-4-. Others Living at P^ooidonce—
Only City employoos and a roaoonablo number of poroons who constitute a
bona fido singlo housokocping unit shall bo allowed to rooido at tho house.
RoGponsibilities
Tho employee and not tho City shall bo rooponsiblc for tho general
maintenance ofthe house and surrounding property. Tho employee shall
also bo o}cpoctod to provide security during nonworking hours by having
thomoolves, a member of their household or another City employee on site
four w^oolmights per wook and at least throe weokonds per month. The
employee shall bo oxpectod to respond to emergency situations to include
tho chlorination facility, tho hydroelectric facility and tho mobile
chlorination equipment. The omployoc shall make a visual inspection of
the entire sito at least weekly and ohall repair any minor fence breaks. The
cmployoo shall drivo a Cit>/ vohiclo. l^Io more than throo private vehicles
shall bo kept at tho rooidonce. ^Jo overtime or supplemental compensation
shall bo paid for those duties.
-6: Rent-
Tho City ohall charge an appropriate rent for tho rooidonce. Said rent shall
be oGtabliohod from time to time by the City. Tho City ohall fumioh the
water supply and oloctricity for tho rooidonce and tho City omployoo ohall
bo rooponoiblo for tho balanco of tho utilitioo. Upon change of rooidont,
tho City ohall havo tho propane tanli filled and bill tho outgoing rooidont.
Firearms
Tho omployoo shall not carry any firoarmo in tho porformanco of hio/her
dutioo ao carotakor nor in City vohicloo and ohall not diochargo an)^
firoarmo on City property.
Parties
Tho omplo)^oo ohall notifi,^ tho Department Head in ad^^anco of an)^ partly at
tho rooidenco involving 15 or more people.
-9. Pet^
Tho omployoc ohall bo allowed to ha\-c only non houoc poto and any peto
shall remain within tho fenced portion of tho property provided for this
purpooo. Tho omployoo may not koop poto Imovm to bo viciouo.
40^ Term
Tho City maintaino tho right to change tho assignmont of tho caretaker
icsponoibility baood oolcly on dotormination of tho City. It io tho intent of
this provioion to create an at will tenancy. There ohall bo an annual
icviow ofthe carotakor'o porformanco with tho Suporintcndont and
General Manager.
OP. Non-Eligibility
An employee shall not be eligible for the following benefits provided by the City:
1 Compensatory time off accmal as set forth in Article 15, Section 4 ofthe
MOU with CCEA. An employee shall be eligible to accme no more than
40 hours of such compensatory time.
2. State disability insurance as provided by the State of Califomia, Article ^
35 ofthe MOU with CCEA.
Attachment C
CARLSBAD MUNICIPAL WATER DISTRICT
Salary Schedule and Job Classification
Approved 6/18/13; Retroactive to 2/18/13
CLASSIFICATION RANGE
Accountant 55
Constmction & Maintenance Worker II 35
Scada Technician 46
Senior Systems Operator 46
System Operator II 41
Water Conservation Specialist 35
CARLSBAD MUNICIPAL WATER DISTRICT
BIWEEKLY SALARY SCHEDULE
Approved June 18, 2013; Retroactive to February 18, 2013
Attachment 01
STEPS STEP 7
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
35 $1,798.51 $1,879.15 $1,966.55 $2,052.56 $2,149.33 35 $2,256.80 $2,313.23
36 $1,838.84 $1,919.51 $2,006.87 $2,103.64 $2,196.39 36 $2,306.21 $2,363.87
37 $1,879.15 $1,966.55 $2,052.56 $2,149.33 $2,248.82 37 $2,361.26 $2,420.29
38 $1,919.51 $2,006.87 $2,103.64 $2,196.39 $2,297.20 38 $2,412.05 $2,472.36
39 $1,966.55 $2,052.56 $2,149.33 $2,248.82 $2,349.97 39 $2,467.47 $2,529.15
40 $2,006.87 $2,103.64 $2,196.39 $2,297.20 $2,410.12 40 $2,530.63 $2,593.89
41 $2,052.56 $2,149.33 $2,248.82 $2,349.97 $2,446.39 41 $2,568.72 $2,632.94
42 $2,103.64 $2,196.39 $2,297.20 $2,410.12 $2,493.45 42 $2,618.13 $2,683.58
43 $2,149.33 $2,248.82 $2,349.97 $2,446.39 $2,548.56 43 $2,675.99 $2,742.89
44 $2,196.39 $2,297.20 $2,410.12 $2,493.45 $2,595.61 44 $2,725.39 $2,793.52
45 $2,248.82 $2,349.97 $2,446.39 $2,548.56 $2,650.72 45 $2,783.26 $2,852.83
46 $2,297.20 $2,410.12 $2,493.45 $2,595.61 $2,701.82 46 $2,836.92 $2,907.84
47 $2,349.97 $2,446.39 $2,548.56 $2,650.72 $2,755.55 47 $2,893.32 $2,965.66
48 $2,410.12 $2,493.45 $2,595.61 $2,701.82 $2,809.34 48 $2,949.81 $3,023.55
49 $2,446.39 $2,548.56 $2,650.72 $2,755.55 $2,867.15 49 $3,010.50 $3,085.77
50 $2,493.45 $2,595.61 $2,701.82 $2,809.34 $2,924.93 50 $3,071.18 $3,147.96
51 $2,548.56 $2,650.72 $2,755.55 $2,867.15 $2,984.09 51 $3,133.29 $3,211.62
52 $2,595.61 $2,701.82 $2,809.34 $2,924.93 $3,044.59 52 $3,196.82 $3,276.74
53 $2,650.72 $2,755.55 $2,867.15 $2,984.09 $3,103.71 53 $3,258.90 $3,340.37
54 $2,701.82 $2,809.34 $2,924.93 $3,044.59 $3,172.27 54 $3,330.88 $3,414.15
55 $2,755.55 $2,867.15 $2,984.09 $3,103.71 $3,227.36 55 $3,388.73 $3,473.45
56 $2,809.34 $2,924.93 $3,044.59 $3,172.27 $3,295.91 56 $3,460.71 $3,547.23
57 $2,867.15 $2,984.09 $3,103.71 $3,227.36 $3,361.80 57 $3,529.88 $3,618.13
58 $2,924.93 $3,044.59 $3,172.27 $3,295.91 $3,427.68 58 $3,599.06 $3,689.04
59 $2,984.09 $3,103.71 $3,227.36 $3,361.80 $3,493.54 59 $3,668.22 $3,759.92
60 $3,044.59 $3,172.27 $3,295.91 $3,427.68 $3,563.40 60 $3,741.57 $3,835.10
61 $3,103.71 $3,227.36 $3,361.80 $3,493.54 $3,637.37 61 $3,819.24 $3,914.72
62 $3,172.27 $3,295.91 $3,427.68 $3,563.40 $3,707.26 62 $3,892.62 $3,989.93
63 $3,227.36 $3,361.80 $3,493.54 $3,637.37 $3,782.52 63 $3,971.65 $4,070.94
64 $3,295.91 $3,427.68 $3,563.40 $3,707.26 $3,857.81 64 $4,050.70 $4,151.97
ATTACHMENT D
COMPENSATION AND BENEFITS SUMMARY - CCEA REPRESENTED
EMPLOYEES WORKING A REDUCED FTE SCHEDULE
For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing 0.5 FTE) pro-rated
benefits are calculated based on 75% and 50% ofthe Ml benefits and will be applied respectively.
The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE work schedule is 20
hours per week. If one part of a job-share position becomes vacant, the remaining incumbent must convert to full-
time until another job-share partner is found.
COMPENSATION: ^ ^ ,
Employees on a reduced FTE schedule will be compensated at an hourly rate based on the current salary schedule.
Salary will be calculated based on the number of acUial hours worked and salary eamed.
Employes will be paid overtime after working in excess of 40 hours a week. Exfra shifts worked beyond the
regular work assignment, up to 40 hours in a week are paid at snaight time in accordance with the Fair Labor
Standards Act (FLSA).
The regular work week should not exceed 30 hours per week for 75% time positions or 20 hours per week for
50% time positions. If there are occasional extra hours worked, the time should be reported appropriately to
payroll as extra hours. Extra hours should not be a continual or regular practice and may result m jeopardizmg the
reduced FTE schedule.
Bilingual Pav , .„ * *u * •
Employees working a reduced FTE schedule who are eligible for Bilmgual Pay will receive an amount that is
prorated by the appropriate reduced FTE percentage.
BENEFITS:
Health Insurance Deductions , ,, . u
Employees working a reduced FTE schedule are eligible to participate in the same health insurance programs as full-
time employees. Employees working a reduced FTE schedule may select one of the City's medical plans and will
be enrolled as an employee with full benefit coverage. Because reduced FTE employees work fewer hours per pay
period, they will be eligible for a prorated percentage ofthe benefits credits for which fiill time employees are
eligible. (Refer to benefit rate sheets.)
Leave Accruals
• SICK LEAVE: Accrued at appropriate prorated percentage of the full-time accmal rate.
• VACATION: Accmed at appropriate prorated percentage of the full-time accmal rate.
• HOLIDAY PAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid
for 0 5 FTE employees. City posted Holiday Schedule applies. If a Holiday falls on a day the employee is
NOT normally scheduled to work, the employee will agree with his/her supervisor when to take a regularly
scheduled work shift in that same pay period as a Holiday.
• FLOATING HOLIDAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid
for 0.5 FTE employees.
An employee whose scheduled shift duration exceeds the hours of Holiday pay could get approval fi-om their
supervisor to work exfra hours in the pay period in which a Holiday falls to make up for the reduced number of
hours paid for the Holiday. An employee may also choose to take hours without pay that period for hours lost due to
reduced Holiday pay. It is NOT required to use leave balances to make up for the fewer hours paid on a Holiday.
However, on a non-Holiday, if an employee leaves early or takes time off accmed leave balances must be exhausted
prior to taking leave without pay.
PERS Service Credit
Funire retirement benefit and employee contributions (made by the City) are adjusted for lesser eamings. A full
time employee receives one year of service credit for every ten or more months of fiill time employment durmg the
fiscal year A 75% time employee is credited with .90 of a year (.75 x .100 year credit x 12 months) for one year of
75% time employment. A 50% employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one
year of 50% employment.
Long Term Disability
The City pays the premium based on actual eamings.
State Disability Insurance ^ . CT^T i i ^
The City pays the premium based on acfiial eamings. Any fiifiire potential benefit may be reduced, as SDI looks at
quarterly wages reported for a 12 month period beginning roughly 18 months before the date of disability.
Life Insurance and Sunplemental Life hisurance
The benefit is based on regular base salary.
Employee Computer Purchase Program
Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan.
Employee Education Program
Employees on a 0.5 FTE schedule are not eligible for ftiition reimbursement.
I understand and agree to the reduced FTE terms outlined above and agree to the terms and conditions set forth in
this document.
I understand that I will be in a Reduced FTE time stafiis 0.75 | | 0.5
fi-om to .
Employee (Print Name)
Employee Signature
Attachment E
Maerkle Reservoir. Dam. Treatment Facilitv and Site
Steward Requirements. Responsibilities and Agreement to Terms of Assignment
Per the Memorandum of Understanding (MOU^ between the Citv of Carlsbad and the Carlsbad
Citv Employees' Association (CCEA), L am accepting
the assignment ofthe Maerkle Facilities Steward and acknowledging the following requirements,
responsibilities and terms of the assignment:
Employee Status
The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent
employee of the City.
Priority of Assignments
a.
In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment
shall be offered to qualified current CCEA employees in the Water Operations Division
ofthe Utilities Department based on their seniority in the Water Operations Division.
In order to be considered qualified for the assignment, the employee must have a
minimum of one vear of service in the Citv's Water Operations Division. In addition, the
employee must not be on a Performance Improvement Plan (PIP), and must be fully
competent in facilitv operations, recordkeeping, emergency response procedures and be
in compliance with the following regulations govemed by these respective agencies:
Cal-OSHA's Califomia Code of Regulations. Title 8, section 5189, Process
Safety Management (PSM) of Highly Hazardous Materials.
Federal EPA's Code of Federal Regulations. Titie 40, Part 68. Accidental
Release Prevention Requirements: Risk Management Programs (RMP) Clean
Air Act Section 112(r), Program 3 requirements.
California Office of Emergency Services. Califomia Code of Regulations,
Title 19. Division 2. Chapter 4.5, California Accidental Release Prevention
(CalARP) Program.
County of San Diego, Department of Environmental Health, Hazardous
Materials Division, Hazardous Materials Business Plan.
California Health and Safety Code. Section 25531 through 25534.
State of Califomia. Department of Water Resources. Division of Safety of
Dams.
Must possess a current CDPH issued Distribution Operator Grade D-3 and
Treatment Operator Grade T-l per CDPH "shift operator" requirements.
c.
The employee must remain qualified throughout the assignment. Under no circumstances
will the duties ofthe Maerkle Facilities Steward be assigned to an employee that does not
comply with the regulations as outiined above.
Responsibilities
The Steward shall be responsible for performing the following duties:
A. Safety
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials
Business Plan
b. Immediately report anv observed non-compliance issues with the PSM/RMP
Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition
B. Emergency Response - Notification - Documentation
a. Respond to emergency situations to include the chlorination facilities per
PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
C. Operations and Maintenance
a. Make occasional chlorine adiustments, flow changes and system changes as
needed
b. Perform general maintenance on the residence, yard and fencing
c. Perform general maintenance on the property, perimeter fencing and weeds
D. Inspections
a. Perform routine visual inspections of the entire site at least weekly
b. Perform visual inspections of the entire site after anv disaster event including
minor earthquakes
c. Document and report anv issues or concerns to the Water Operations supervisor
E. Security
a. Be onsite on a regular basis during nonworking hours for a minimum of four
weeknights per week and a minimum of three weekends per month (except for
extended periods due to supervisor approved leaves, at which time the department
will be responsible for ensuring coverage for Steward's responsibilities)
b. Monitor access of residents through property during significant flood events
c. Immediately report anv security breaches or issues to the proper authority,
including police, where appropriate
4. Rent and Utilities
The City shall charge a nominal rent for the residence. Said rent shall be established
from time to time bv the Citv and communicated to the Steward in writing with sixty (60)
calendar davs advance notice of anv changes. The Citv shall furnish the water supply and
10
electricity for the residence and the Steward shall be responsible for the balance ofthe
utilities. Upon change of Steward, the outgoing Steward shall have the propane tank
filled and the carpets professionally cleaned, and provide verification of such to the
Water Operations supervisor. The outgoing Steward will have the option of being billed
for these services bv the Citv. If the outgoing Steward selects this option, the Steward
will provide a thritv (30) calendar davs notice and the City will have the propane tank
filled and the camets professionally cleaned.
5. Term
The City maintains the right to change the assignment of the Maerkle Facility Steward
responsibility based solely upon the City's discretion and the Citv shall not be required to
show cause. Moreover, the Steward shall have no due process rights related to a change
from the assignment as a change shall not be considered disciplinary. It is the intent of
this provision to create an at-will tenancy that can be revoked at anv time upon at least
sixty (60) calendar days' notice to the Steward. There shall be an annual review ofthe
Steward's performance with Water Operations supervisor. The Steward shall, when
possible, give the City at leastsixtv (60) calendar days written notice if he/she desires to
be relieved of this assignment.
6. Sole Place of Residence
The crew member assigned as the Steward shall maintain the residence as his/her sole
place of residence.
7. Others Living at Residence
Only the Steward and a reasonable number of persons who constitute a bona fide single
household unit shall be allowed to reside at the house.
8. Vehicles
The Maerkle Facilities Steward shall drive a City vehicle. No more than three private
vehicles shall be kept at the residence unless pre-approved by the Water Operations
supervisor.
9. Firearms
The Steward shall not carry any firearms in the performance of his/her duties or in City
vehicles and shall not discharge any firearms on Citv property. Any firearms that are
personal propertv ofthe Steward shall be allowed to be stored at the residence provided
they are securely stored. The Steward will notify the Water Operations Supervisor in
advance of bringing any firearms on the premises and shall show proof of secured
storage.
10. Parties
11
The Steward shall notify his/her the Water Operations Supervisor, in writing, at least
seven (7) calendar days in advance of any party at the residence involving fifteen (15) or
more people.
11. Pets
The Steward shall be allowed to have pets and any outdoor pets shall remain within the
fenced portion ofthe property provided for this purpose. The Steward shall be
responsible for any damages caused by pets. The Steward may not keep pets known to be
vicious. vicious
The rent at the Maerkle residence is currently set at $75.00 per pav period. Automatic payroll
deductions will begin for this amount starting with the beginning ofthe pay period on
I have read the preceding Maerkle Reservior, Dam, Treatment Facility and Site Steward
Requirements, Responsibility and Agreement to Term of Assignment and understand it. By
signing below, I am agreeing to these terms in their entirety.
Employee Signature .—Date
12
CCEA MEMORANDUM OF UNDERSTANDING
1/1/2013 to 12/31/2014
TABLE OF CONTENTS
Foreword
Preamble
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25(A)
Article 25(B)
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Page
Page
Recognition Page
Implementation Page
Term Page
Renegotiation Page 2
Authorized Agents Page 2
No Strike and No Lockout Page 2
City Rights Page 3
Employee Rights Page 3
Association Rights Page 3
Confidential Employees Page 5
Payroll Deductions/Agency Shop Page 6
Compensation Adjustments Page 8
Distribution of Paychecks Page 9
Overtime Page 9
Working Out of Classification Page 13
Injured on Duty Page 13
Bilingual Pay Page 14
Uniforms and Equipment Page 14
Tool Reimbursement Page 16
Longevity Pay Page 17
Vacation Page 17
Holidays Page 19
Sick Leave Page 21
Bereavement Leave Page 22
Family and Medical Leave Acts Page 23
Leave of Absence Page 23
Military Leave Page 25
Jury Duty Page 25
Rest Periods Page 26
Late Starts Page 26
Flexible Classifications Page 26
Flexible Start Hours Page 27
Flexible Work Schedules Page 27
Flexible Job Sharing Page 28
Health Insurance/Flexible Benefits Program Page 28
State Disability Insurance/Family Medical Leave Benefits...Page 31
Long Term Disability Page 31
Retirement Page 32
Deferred Compensation Page 33
CCEA Memorandum of Understanding
Table of Contents
Page 2
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Article 54
Attachment A
Dispute Resolution Procedure Page 33
Alcohol and Drug Policy Page 39
Access to Information Page 43
Communications Page 43
Legal Representation Page 43
Layoff. Page 44
Carlsbad Municipal Water District Page 47
Full Understanding, Modification & Waiver Page 47
Provisions of Law Page 48
Retention of Benefits Page 48
Non-discrimination Clause Page 48
Americans With Disabilities Act Page 48
Life Insurance and Voluntary Benefits Page 49
Special Housing Facilities Page 49
Contracting Out Work Page 51
Pay for Performance Guidelines Page 53
Salary Schedule - General Employees
Attachment B Benefits Retained by CMWD Employees
Attachment C CMWD Salary Schedule and Job Classification
Attachment D Compensation and Benefits Summary - CCEA Represented Employees
Working a Reduced FTE Schedule
Attachment E Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements,
Responsibilities and Agreement to Terms of Assignment
MEMORANDUM OF UNDERSTANDING
between the
City of Carlsbad
and the
Carlsbad City Employees' Association
Foreword
The Memorandum of Understanding is made and entered into between designated management
representatives ofthe City of Carlsbad (hereinafter referred to as the "City"), and the designated
representatives ofthe Carlsbad City Employees' Association (hereinafter referred to as "CCEA"
or "Association").
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
"Memorandum") to promote and provide for harmonious relations, cooperation, and
understanding between the City Management representatives and the general employees covered
under this Memorandum, as shovm on Attachment A and Attachment C; to provide an orderly
and equitable means of resolving any misunderstandings or differences which may arise under
this Memorandum; and to set forth the agreement of the parties reached as a result of good faith
negotiations regarding wages, hours, and other terms and conditions of employment ofthe
employees covered under this Memorandum.
Article 1 Recognition
The City of Carlsbad recognizes CCEA as the exclusive majority representative for all
classifications in this unit, as set forth in Attachment A, pursuant to the petition for formal
recognition submitted on Febmary 11, 1976, and approved April 20, 1976, in accordance with
the Carlsbad Municipal Code. Attachment C lists additional classifications added to this unit.
Article 2 Implementation
This Memorandum constitutes a recommendation to be submitted to the City Council subsequent
to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall
not be binding upon the parties either in whole or in part unless and until:
The City Council acts, by majority vote, formally to approve and adopt said
Memorandum.
Article 3 Term
The term of this Memorandum of Understanding shall be from January 1, 2013, through
December 31, 2014.
Article 4 Renegotiation
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior
to expiration ofthe Memorandum of Understanding. If a party provides intent pursuant to this
section, the parties agree to initially meet not less than forty-five (45) calendar days and no more
than six months prior to the expiration of the Memorandum of Understanding, if possible.
Article 5 Authorized Agents
For the purpose of administering the terms and provisions of this Memorandum:
A. City's principal authorized agent shall be the City Manager or a duly authorized
representative (Address: 1200 Carlsbad Village Drive, Carlsbad, Califomia 92008;
Telephone (760) 602-2440), except where a particular City representative is specifically
designated in connection with the performance of a specific function or obligation set
forth herein.
B. CCEA authorized representatives shall be its President, its Board of Directors, or a
CCEA member in good standing who has been designated as an authorized CCEA
representative in yvriting by CCEA's President or a member of the Board of Directors.
(Address: 1635 Faraday Avenue, Carlsbad, CA 92008).
C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the
CCEA designated staff representatives. CCEA will notify Human Resources ofthe
organization, contact name, and address whenever a change is made.
Article 6 No Strike and No Lockout
A. No Strike. During the life of this agreement, neither the Association nor any agents or
representatives will instigate, promote, sponsor, engage in, or condone any strike
(including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any
other intentional disruption of the operations of the City, regardless of the reason for so
doing.
B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates
or gives leadership to such activity, shall be subject to disciplinary action.
C. No Lockout. During the term of this agreement, the City will not instigate a lockout over
a dispute with the employees so long as there is no breach of Section 6, A.
D. Association Official Responsibility. Each employee who holds the position of officer of
the Employee Association occupies a position of special tmst and responsibility in
maintaining and bringing about compliance with the provision of this article, the
Association agrees to inform its members of their obligations under this agreement and to
direct them to retum to work.
Article 7 Citv Rights
The rights of the City include, but are not limited to the exclusive right to determine mission of
its constituent departments, commissions, committees, and boards; set standards of service;
determine procedures and standards of selection for employment and promotions; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work or
other legitimate reason; maintain the efficiency of governmental operations; determine the
methods, means, and personnel by which govemment operations are to be conducted; determine
the content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work.
Article 8 Employee Rights
A. Employees of the City shall have the right to form, join and participate in the activities of
CCEA for the purpose of representation on all matters of Employer-Employee Relations,
including but not limited to, wages, hours, and other terms and conditions of
employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City.
B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated
against by the City, CCEA or other employee organization(s) because of the exercise of
his/her rights under this Article.
C. An individual employee reserves the right to individual representation, upon formal
notice to CCEA and the City, on any matter of Employer-Employee Relations.
D. CCEA shall be provided notice of the resufts of such individual Employee-City meetings.
Article 9 Association Rights
A. The City recognizes the right of CCEA to govem its intemal affairs.
B. The City agrees to include a one page CCEA "Information Sheet" in the orientation
packet for newly hired employees in positions represented by CCEA. The City and
CCEA agree that the purpose of the "Information Sheet" is to familiarize new employees
with the operations and benefits of CCEA. All costs associated with preparing the
"Information Sheet" shall be home by CCEA. CCEA agrees to indemnify and hold the
City harmless for any disputes between CCEA and employees represented by CCEA
arising out of information contained in the "Information Sheet." Prior to distribution the
"Information Sheet" must be approved by the Human Resources Director. Should the
City have less than ten (10) CCEA information sheets on hand, it shall notify CCEA so
that CCEA can ensure that the City has adequate information sheets on hand for new
hires.
C. The City will fiimish bulletin boards for use of CCEA (Bulletin Boards for the exclusive
use by CCEA shall be provided at City Hall, Faraday and the main Library). Material
placed on said bulletin boards shall be at the discretion of CCEA. City may remove
CCEA material only in the event the material is obviously offensive to good taste,
defamatory, and shall be removed only on prior notification to CCEA.
Bulletin boards shall be located at: 1) City Hall Employees' Lounge, 2) Library
Employees' Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday
Employees' Lounge, 6) Safety Center Employees' Lounge, 7) Mechanical Maintenance,
8) Stagecoach Community Park, 9) Calavera Community Park, 10) Housing &
Neighborhood Services, 11) the City Clerk's Office, and 12) the Senior Center.
By mutual agreement additional locations may be added.
CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the
bulletin boards fumished by the City for the exclusive use by CCEA.
D. Twice annually, within thirty (30) calendar days of written request from CCEA, the City
agrees to provide CCEA with a listing of names, departments, and classifications of
employees in classifications represented by CCEA. Names, departments, and
classifications provided will reflect the most current data on file with the Human
Resources Department as of the date the list is prepared.
E. CCEA shall provide and maintain with the City a current list of the names and all
authorized representatives of the CCEA. An authorized representative shall not enter any
work location without the consent of the Department Head or his/her designee or the City
Manager or his/her designee. The Department Head or his/her designee shall have the
right to make arrangements for a contact location removed from the work area ofthe
employee. Management shall not unreasonably deny access.
F. CCEA may, with the approval of the Human Resources Department, be granted the use
of City facilities for after hour meetings.
G. CCEA shall be allowed to designate employee representatives to assist employees in
preparing and processing grievances; and preparing and presenting material for
disciplinary appeals hearings.
CCEA may designate one employee representative to assist an employee in preparing and
presenting materials for the above-listed procedures. The employee representative so
designated shall be allowed reasonable release time from regularly scheduled duties for
the purpose of investigating and preparing materials for such procedures. Employee
representatives who investigate, prepare or present materials during off-duty time shall do
so on their oym time. Employee representatives and employees who attend discipline or
grievance hearings or City Council meetings during the off-duty time shall do so on their
own time; providing, however, that employees who are ordered or subpoenaed to attend
such hearings shall be compensated in accordance with the overtime provisions of this
Memorandum of Understanding.
Designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to attend meetings relative to other matters of employer-
employee relations.
Designated employee representatives requesting time off under this article shall direct
such request to his/her immediate supervisor in yvriting within a reasonable time period to
the date requested, in order to assure that the department meets its staff needs and to
assure sufficient coverage of departmental assignments.
H. CCEA may select members of the organization to attend scheduled meetings with the
City staff on subjects within the scope of representation during regular work hours
without loss of compensation. Where circumstances warrant, the City may approve the
attendance at such meetings of additional employee representatives with or without loss
of compensation. The employee organization shall, whenever practicable, submit the
names of all such employee representatives to the City at least two working days in
advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Department Head or other authorized
City management official.
(2) That any such meeting is subject to scheduling by City management in a manner
consistent with operating needs and work schedules.
Nothing provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours under appropriate
circumstances.
Article 10 Confidential Employees
Confidential employees are restricted from representing any employee organization that
represents other employees of the City on matters within the scope of representation. For
example, confidential employees may not disclose information obtained in their job duties to
bargaining unit members unless required by their job. This article does not otherwise limit the
right of confidential employees to be members of and to hold office in CCEA.
The following positions are designated as confidential:
1) Human Resources Department: Administrative Secretary, Human Resources Technician,
Secretary, Senior Office Specialist.
2) City Manager's Office: Administrative Secretary, Secretary.
3) City Attomey's Office: Legal Assistant, Legal Secretary.
4) Finance Department: Administrative Secretary, Accounting Supervisor and Account
Clerk II assigned to payroll responsibilities. Business Systems Specialist, Secretary.
5) Information Technology: Applications Specialist II assigned to position budgeting
responsibilities.
The City may create new confidential positions provided that in the regular course of the
position's duties, the employee:
• Has regular contact with files and correspondence related to management's positions and
policies related to contract negotiations, and/or
• Assists or acts in a confidential capacity or who formulates, determines and effectuates
management's policies within the scope of employee-employer relations, and/or
• Has normal access to confidential information contributing significantly to the
development of management's policies within the scope of employer-employee relations
In such cases, the City will notify the Association of the proposed new confidential position and
provide the Association with the job specifications of the new position prior to its
implementation.
Article 11 Payroll Deductions/Agency Shop
A. The City shall withhold deductions in amounts designated by CCEA members providing
changes do not occur more frequently than once each fiscal year.
B. AGENCY SHOP
All bargaining unit employees are required to be dues paying members of the Association, or pay
a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a
designated charitable organization.
1.0 Covered Employees
All employees covered by the Memorandum of Understanding between the City and the
Association are considered covered employees under this Article.
2.0 Agency Fee
2.1 The amount of the agency fee will be determined annually by the Association in
accordance with Govemment Code section 3502.5. It will not exceed the standard initiation fee,
period dues, and general assessments of the Association.
2.2 At least thirty (30) calendar days prior to any increase in the amount of the fee,
and annually thereafter, each employee covered by this Agreement will receive yvritten notice
from the Association indicating:
2.2.1 The amount of the agency fee (expressed as a percentage of the annual
dues per member based upon the chargeable expenditures identified in the notice);
2.2.2 The basis for the calculation of the agency fee, which will be supported by
an independent audit;
2.2.3 A statement informing the employee about the existence of the
independent audit and its availability to the employee upon request; and
2.2.4 The procedure for appealing all or any part of the agency fee.
2.2.5 The Association will also provide the notice referenced in this section and
a copy of the Association bylaws to Human Resources to be given to new employees at their
orientation.
2.2.6 The Association's appeal procedures shall comply with the requirements
established by State and Federal law.
3.0 Escrow of Agency Fees in Dispute
3.1 The Association will open an account in an independent financial institution in
which to place in escrow agency fees collected from employees who have made timely
objections under the Association's appeal procedures.
3.2 The escrowed agency fees will not be released until after either:
3.2.1 Mutual agreement between the objecting employee and the Association
has been reached on the proper amount of the agency fee; or
3.2.2 A final decision has been rendered by the impartial decision maker (or the
courts, if judicial review is sought under Code of Civil Procedure section 1094.8).
3.3 The Association will pay interest at the prevailing rate on all rebated fees.
4.0 Religious Exemptions
In lieu of paying the agency fee, an employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining or financially supporting public
employee associations may pay an amount equivalent to the agency fee to one of the following
nomeligious, non-labor charities:
United Way
Special Olympics
Carlsbad Educational Foundation
The employee must provide proof of payment to the City and the Association on a monthly
basis. The Association may also require the employee to provide the Association with proof of
membership or of continued membership in the religion, body, or sect upon which the religious
exemption is based.
5.0 Payroll Deduction Process
5.1 In the event an employee submits an objection to the amount of the agency fee or
there is a dispute regarding the employee's religious exemption claim, the employee will be
informed that an amount equal to the agency fee will be deducted from the employee's salary
and placed in an escrow account referred to in section 3.0 above pending the final determination
ofthe objection or validity ofthe exemption. At the conclusion of the process, the escrowed
funds will be disbursed appropriately.
5.2 If, after deductions commence, a dispute arises between the employee and the
Association over the amount or propriety of the agency fee, deductions will continue to be made
and the disputed fees will be placed in an escrow account in accordance with section 3.0 above.
5.3 All other legal and required deductions (e.g., payroll taxes, income taxes, health
care premiums) have priority over agency fee deductions. No agency fee deduction will be made
from an employee's paycheck unless the employee's eamings are sufficient to cover the agency
fee after all other legal and required deductions are made.
5.4 If there is a non-disputed change in the exclusive representative for all or a
portion ofthe covered employees, the City will transmit the agency fees deducted from the
paychecks of those employees to the new representative without intermption. If there is a
disputed change in the exclusive representative for all or a portion of the covered employees, the
City will place the agency fees deducted from the paychecks of those employees in an interest-
bearing accounting pending final resolution ofthe dispute.
6.0 Records and Reports
The Association will keep itemized records of its financial transactions. In addition, annually,
within sixty (60) calendar days after the end of its fiscal year, the Association will make
available to the City and to all represented employees a detailed written financial report in the
form of a balance sheet and an operating statement, certified as to accuracy by its president and
treasurer or corresponding principal officer, or by a certified public accountant.
7.0 Indemnification
The Association agrees to defend, indemnify and hold the City (including its Water District and
Redevelopment Agency and their officers, employees, agents, and elected or appointed officials)
harmless from all claims, demands, losses, damages, disputes, obligations, liabilities, expenses
(including attomey fees), or other actions arising out of or relating to this Agreement or the
agency shop arrangement.
Article 12 Compensation Adiustments
Effective the pay period that includes March 1, 2013, the City shall implement an across the
board base salary increase for each represented classification of three percent (3%). Retroactive
compensation shall be paid only for employees employed by the City as ofthe first full pay
period after Council approval of this MOU. This salary increase shall result in salary ranges
moving three percent (3%).
Effective the pay period that includes January 1, 2014, the City shall implement an across the
board base salary increase for each represented classification of three percent (3%). Salary
ranges will not move due to this salary increase. The City shall also implement on January 1,
2014 a Pay for Performance System as outiined in Article 54 of this Memorandum. With the
implementation of that system, salary ranges will not automatically move and step and longevity
increases will cease. Those employees who cannot receive the January 1, 2014 three percent
(3%) salary increase while staying within the existing salary range, as shown in Attachments A2
and C2 will receive a base building increase up to the range maximum and the balance as a
stipend in the pay period that includes January 1, 2014.
The pay for performance base pay matrix (described in Article 54) for 12/31/2014 will be funded
at four percent (4%).
The City will continue its practice of periodically reviewing classification specifications and
salaries.
Article 13 Distribution of Paychecks
CCEA employees are not required to receive payroll funds through electronic deposit.
Employees who provide written authorization for such electronic deposit, shall receive a
Statement of Eamings (pay stub) through an electronic pay system. The electronic pay system
will permit employees to view/print current and previous bi-weekly pay stubs. The Employer
will provide training for all employees, as necessary in the use of the electronic pay system.
For those employees who do not provide written authorization for an electronic deposit of their
payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the
Friday following the electronic pay date or as soon as administratively possible if there is not an
Accounts Payable check mn that Friday. Payroll will be mailed to the last known address on file
with the Human Resources Department. It shall be the responsibility of the employee to update
their address of record with the Human Resources Department as required.
The City shall make every reasonable effort to resolve payroll errors during the next pay period,
and to provide additional sums (when warranted) with the following payroll.
The City agrees to meet with the CCEA at mutually acceptable times and places to review
payroll related problems affecting more than one bargaining unit member.
Article 14 Overtime
1. Overtime
Any employee required to perform in excess of forty (40) hours in a seven (7) day cycle
and/or in excess of an employee's scheduled work day shall receive compensation at the
rate of time and one-half his/her regular rate of pay, except as outiined in Section 2
below. The regular rate of pay shall be calculated in conformance with the FLSA.
In determining an employee's eligibility for overtime, paid leaves shall be included in the
total hours worked. Excluded from the total hours worked are duty free lunches, travel
time to and from work, and time spent conducting bona fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any
workday or workweek on which premium rates have once been allowed shall not be used
again in any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
2. Request for Temporary Shift Adjustment (Flex Time)
An employee may request that the employee's normal workday be temporarily altered in
order to accumulate a credit of work hours that may be used to take time off during the
employee's FLSA work week and same pay period without loss of pay. If the request is
approved by management, pay for hours worked during this temporary shift adjustment
shall be paid at the straight time rate. The FLSA work week for employees on a 9/80
schedule begins four (4) hours after the regularly scheduled starting time for their Friday
shift and ends one hundred sixty eight (168) hours later (at four (4) hours after the
regularly scheduled starting time for their Friday shift). For all others the work week is
from Monday at 12:00 a.m. to Sunday at 11:59 p.m.
3. Call Back Pav
Call back duty occurs when an employee is ordered to retum to duty on a non-regularly
scheduled work shift. Call back does not occur when an employee is held over from
his/her prior shift or is working prior to his/her regularly scheduled shift. An employee
called back to duty shall be credited with a minimum of two (2) hours work commencing
at the time ofthe page, except an employee shall not be entitled to said minimum if the
assignment has been scheduled in advance and the employee is provided with at least
seven (7) calendar days' notice of said assignment. The two (2) hour minimum also will
not apply if the work is performed on the phone or remotely via computer and takes 30
minutes or less to complete, in which case the employee shall be credited for a minimum
of thirty (30) minutes work.
4. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect,
subject to department approval, to receive compensatory time off on a time and one-half
basis. No employee shall accme more than eighty (80) hours of such compensatory time.
Should any employee exceed eighty (80) hours of accmed compensatory time, he/she
shall be paid at time and one-half his/her regular rate.
An employee may use such compensatory time within a reasonable period after making
the request if the use of compensatory time does not unduly disrupt the operations of the
department.
At any time an employee may elect to "cash out" any portion of his/her accmed
compensatory time balance at his/her regular rate of pay by requesting this "cash out" on
his/her time card.
5. Overtime Authorization
All overtime requests must have the prior authorization of a supervisor prior to the
commencement of such overtime work. Where prior yvritten authorization is not feasible,
10
explicit verbal authorization must be obtained. Calls for service beyond the end of duty
time are considered as authorized.
6. Clothes Changing
Employees are not authorized to wear their uniforms or any part thereof that is
distinguishable as such unless on duty. Each employee is provided with a locker for
his/her oyvn personal convenience. An employee may or may not utilize the locker for
storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from
his/her residence and work.
Nothing herein prevents an employee from wearing his/her uniform while conducting
personal business during lunch time.
Time spent in changing clothes before or after a shift, is not considered hours worked and
is not compensable in any manner whatsoever.
7. Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to
Code of Federal Regulations (CFR), Section 785.27, et seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to
CFR Section 785.33, et seq.
When feasible, the Department will adjust the employee's work schedule to minimize the
impact of travel and training time.
Travel time to and from local work-related training either before, during or after regularly
scheduled work hours shall be compensated for all CCEA employees regardless of
whether the employee is a driver or passenger. For the purposes of this section, "local"
refers to work related training taking place in San Diego, Imperial, Orange, Riverside,
San Bemardino and Los Angeles Counties.
8. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be
compensated in any manner whatsoever for such travel time in the City vehicle. Refer to
Administrative Order No. 3 for more information regarding use of City vehicles.
This provision also applies in those situations where the radio must be left on and
monitored.
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9. Court Pay
When an employee is physically called to court for City-related business, while off duty,
he/she shall be credited on an hour for hour basis for the time actually spent in court. An
employee shall be credited with a minimum of two (2) hours for the court appearance.
Travel time shall not be considered hours worked and shall not be compensated in any
manner whatsoever.
10. Standby Pay
"Standby assignment" requires an employee to:
a. Review and confirm receipt of the standby assignment schedule within the
deadlines established by the applicable department;
b. Wear a City-provided pager and carry a City-provided cellular phone during
standby assignment;
c. Respond to a page by telephone promptly without delay. If an employee has
arranged for another employee to respond, the employee must notify the
supervisor, the department, and dispatch of the name of the substitute employee
who will respond. Thereafter, callback shall be handled in accordance with each
department's standby/callback policy;
d. Each department's standby/callback policy shall be developed and submitted to
Association representatives for meeting and conferring. In addition, the City shall
provide training for the supervisors and managers responsible for
administering departmental standby/callback policies and shall also provide
orientation for all employees subject to the standby/callback policies;
e. Abide by the City's Alcohol and Dmg Policy as specified in Article 40 of this
agreement during standby assignment; and abide by the mles and regulations set
forth by the Department of Transportation (DOT);
f. Wear appropriate clothing, safety equipment, and any other form of City
identification as defined by the department when making a callback response
from standby assignment;
g. Accept $30.00 per day for each day on standby assignment.
h. Acknowledge and agree that time on standby assignment is not considered to be
compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided,
however, (1) individuals have not waived any rights they may have outside of this
contract under the FLSA; and (2) neither the fact of these negotiations nor the changes
negotiated in this agreement shall be used by either party or by any individual to the
prejudice of the other party in any grievance or complaint outstanding as of the time of
this agreement.
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Article 15 Working Out of Classification
Whenever the needs of the City require an employee to temporarily perform the duties of a
higher classification than that in which the employee is currentiy employed for a period of more
than twenty-one (21) calendar days, the employee shall receive additional pay. In such cases, the
employee shall be paid at an appropriate level which will assure an increase of not less than five
percent (5%) greater than his/her current salary.
No employee shall be required to perform any of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department Head. Exceptions to
the minimum qualifications criteria may be recommended by the affected Department Head on a
case by case basis. If the employee does not meet the minimum qualifications for the higher
classification he/she shall receive not less than 2.5% additional pay.
The additional pay shall commence on the twenty-second (22"^*) calendar day following the
temporary reassignment of the performance of duties of the higher classification. The
recommendation that an employee be required to perform duties of the higher classification shall
be placed in writing by the affected Department Head and submitted to the Human Resources
Director for approval. The employee assigned to perform the duties of a higher classification
shall not serve for more than one hundred and eighty (180) calendar days in a higher
classification unless approved by the City Manager or his/her designee.
A person appointed in an acting capacity shall be eligible to receive merit increases in his/her
regular position during the acting appointment. The Human Resources Director shall obtain the
employee's consent for the temporary performance of any of the duties ofthe higher
classification beyond a period of twenty-one (21) calendar days, prior to the employee's
assuming or continuing the duties and additional compensation, which consent shall clearly state
that it is understood that a reduction in salary shall be effected to his/her original salary rate upon
the expiration of the need for the performance of the duties of the higher classification.
The Association may present to the Human Resources Director specific facts which support that
an employee is performing the duties of a higher classification. The Human Resources
Department will conduct a study and provide the Association with the findings of the
classification study. Should the study determine the duties to be of a higher, lower or
comparable existing classification, a proposed solution to the situation will be offered. The
proposed solution may include, among other altematives, that the work be managed in an
altemative manner or that the position be reclassified to reflect the work being performed. The
reclassiflcation of a position will be approved in accordance with the personnel mles.
Article 16 Iniured on Duty
Occupational Sick Leave is leave with pay that is granted to employees who have sustained a
work related injury or illness and are temporarily disabled from work.
Any general employee that sustains a work related injury or illness and becomes temporarily
disabled from work as a result, may receive their full salary, in lieu of the State mandated
temporary disability benefit, for a period of up to forty-five (45) calendar days for any single
incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-
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existing occupational injury or illness will be treated as such and not as a new injury. In this
situation, the employee will not be entitled to any occupational sick leave benefit which exceeds
the original maximum of forty-five (45) calendar days. The City reserves the right to determine
whether occupational sick leave will be granted. Granting of occupational sick leave will be
subject to the same procedures and standards (including pre-designated physicians, resolution of
disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers' compensation
matters and/or FMLA/CFRA matters.
An employee who is still temporarily disabled after the forty-five (45) calendar days have been
exhausted will be paid at the rate established by the Califomia Labor Code for such disabilities.
However, the City shall supplement the State rate, up to the employee's full salary level, by
utilizing any vacation, sick, or compensatory leave that the employee has accmed. Once the
employee's accmed leave has been exhausted, the employee will be compensated at the State
rate for the balance of the temporary disability period.
Wages alone will be the basis of computation for occupational sick leave.
Article 17 Bilingual Pay
The City will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of bilingual
skills. The determination of the number of persons/positions to be designated as bilingual is the
sole discretion of the City.
In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test
in the Spanish language as determined appropriate by the City.
This Article shall not be subject to the grievance procedure.
Article 18 Uniforms and Equipment
A. The City shall continue to provide and maintain uniforms in the maintenance
departments.
B. Employees shall be responsible for proper care and maintenance of uniforms.
C. Except for reasonable travel time to and from work, uniforms shall not be wom outside
the context of performing maintenance functions while on duty or as otherwise acting as
an agent of the City.
D. The City shall continue to purchase safety boots or safety shoes for classifications as
determined by the City. The City shall establish, subject to consultation with the affected
employees, a voucher system to purchase safety footwear from City-approved vendors.
Individual acquisitions made outside the voucher system must be pre-approved for
reimbursement after review by the employee's supervisors.
Acquisition of safety footwear shall be limited to a maximum of two (2) times per year
not to exceed a cost of one hundred fifty dollars ($150) per acquisition. In special
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circumstances as determined and pre-approved by the employee's supervisor, safety
footwear acquisition requiring an expenditure over one hundred fifty dollars ($150) may
be made one (1) time per year, not to exceed a cost of two hundred dollars ($200).
E. The City will reimburse any employee who is required to wear safety glasses and/or
goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of
prescription lenses for such glasses and/or goggles, subject to the following conditions:
1. The employee must present an appropriate receipt;
2. Reimbursement is for lenses only and not for eye examination, treatment or visits
to an optometrist or optician;
3. The City will provide reimbursement only for glasses and/or goggles if the
prescription has changed or if glasses and/or goggles have been damaged; and
4. Glasses and/or goggles for which the City has provided reimbursement shall only
be used while performing work for the City.
F. Value of Uniforms reported to CalPERS
The City shall report the biweekly amount of $1.92 as special compensation related to the
monetary value of the required uniforms for employees in the following positions:
1. Building Maintenance Worker I/II
2. CMWD Constmction & Maintenance Worker II
3. CMWD System Operator II
4. CMWD Water Conservation Specialist
5. Cross Connection Control Technician
6. Custodian /Custodian II
7. Environmental Specialist I/II
8. Equipment Service Worker
9. Equipment Technician I/II
0. Lead Equipment Technician
1. Maintenance Aide in the Parks Division
2. Maintenance Worker in Parks and Streets Departments
3. Meter Services Worker I/II/III
4. Park Maintenance Specialist
5. Park Maintenance Worker II/III
6. Sanitation Systems Operator I/II/III
7. Scada Technician
8. Senior Building Maintenance Worker
9. Senior Cross Connection Control Technician
20. Senior Environmental Specialist
21. Storm Drain Maintenance Worker
22. Street Maintenance Worker I/II/III
23. Tree Trimmer I/II
24. Tree Trimmer Leadworker
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25. Utility Worker I/II/III
26. Warehouse Technician
27. Water Conservation Specialist
28. Water Systems Operator I/II/III
Under PEPRA, this benefit does not apply to new members.
Article 19 Tool Reimbursement
This article applies only to eligible employees in the following job classifications who fumish
their own tools as a condition of employment: Lead Equipment Technician, Equipment
Technicians and Equipment Service Workers.
Employees in the job classifications mentioned are required to provide their oyvn tools on the job
as a condition of employment. The employees are further eligible to receive a cash tool
reimbursement provided that the conditions for receiving the reimbursement are met.
Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of
the City facility or some other catastrophe or accident not due to the employee's negligence or
fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all
the tools in the employee's possession at work, including those tools over and above the
"essential tool list," must be on file with the Superintendent. The City has the right to request
that a specialized tool(s) not be kept in the employee's inventory.
The City will reimburse the employees in the above classifications up to five hundred fifty
($550) dollars in a fiscal year for the cost of tools, subject to the following conditions:
1) The employee must present an appropriate original receipt;
2) Such reimbursement will be paid only once during the fiscal year, by September 30, and
cannot be accumulated from year to year.
Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar
maximum, will be incorporated into the employee's regular payroll check and treated as taxable
income.
It is the responsibility of the Management to direct the administration of the tool reimbursement
and:
A. Provide a list of "essential tools" which define the full inventory of tools required for
employees to be eligible for tool reimbursement.
B. Recommend revisions to the "essential tools" and to meet the requirements of current
skilled trades technology.
C. Informally agree with members of the shop when considering adding tools to the
"essential tool list."
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Employees receiving a tool reimbursement shall allow inspection of personal tool box by
supervisor to verify outfitting of tools. The eligible employee during each work shift must have
all the tools listed as "essential tools." Failure to keep said tools on site will result in the tool
reimbursement being withheld from the individual until such time as the employee comes into
possession of all "essential tools."
The appropriate supervisor during the month of August will:
A. Review the personal tool inventory as meeting the requirements of "essential tools."
B. Provide a recommendation to the Superintendent of an altemate tool as a substitute for
the tool listed on the "essential tools" list on an item-by-item basis.
In September of each year, the Superintendent shall prepare the necessary payable documents to
provide for payment of the tool reimbursement to eligible employees.
Article 20 Longevity Pay
1. Salary Step 6 shall apply to any range in the Salary Plan to provide for a five percent (5%)
increase of base salary for only miscellaneous employees who have attained five (5)
continuous years of service in the City of Carlsbad at Step 5 of the same salary range in the
Salary Plan. In any case where an employee is promoted and moves from the employee's
existing class to another class, allocated to a higher range of compensation, the employee
shall be advanced to the lowest step in such higher range which will provide a at least a five
percent (5%) salary increase.
Salary Step 7 shall apply to any range in the Salary Plan to provide for a two and one-half
percent (2-1/2) increase of basic salary for those miscellaneous employees who, have
attained five (5) continuous years of service in the City of Carlsbad at Step 6 of the same
salary range in the Salary Plan. Eligibility for Salary Step 7 is contingent upon the employee
being approved for such salary step by the employee's Department Head.
Failure ofthe Department Head to approve a longevity increase shall not constitute grounds
for submission of a grievance or an appeal to a hearing officer. In any case where an
employee is promoted and moves from the employee's existing class to another class
allocated to a higher range of compensation, the employee shall be advanced to the lowest
step in such higher range which will provide at least a five percent (5%) salary increase
unless this causes the employee's salary to exceed the maximum of the new salary range.
Upon implementation of the pay for performance system on January 1, 2014, no employees shall
receive step increases or longevity increases. The new salary range maximums on January 1,
2014 will include the longevity maximums.
Article 21 Vacation
Every probationary and regular full time employee shall accme vacation leave for each calendar
year of actual continuous service dating from the commencement of said service, with such time
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to be accmed on a daily (calendar day) basis. Vacation leave can be used in 15 minute
increments.
A. Basis of Accmal
Accmal of vacation begins with the first working day following appointment and
thereafter accmes on a daily basis. The following shall be the annual vacation leave
schedule:
• Beginning with the first (1 st) working day through the completion of five (5) full
calendar years of continuous service - 13 minutes/day.
• Beginning the sixth (6th) year of employment through the completion of ten (10)
full calendar years of continuous service - 20 minutes/day.
• Beginning the eleventh (11th) year of employment through the completion of
eleven (11) full calendar years of continuous service - 21 minutes/day.
Beginning the twelfth (12th) year of employment through the completion of
twelve (12) full calendar years of continuous service - 22 minutes/day.
• Beginning the thirteenth (13th) year of employment through the completion of
thirteen (13) full calendar years of continuous service - 24 minutes/day.
Beginning the fourteenth (14th) year of employment through the completion of
fifteen (15) full calendar years of continuous service - 25 minutes/day.
• Beginning the sixteenth (16th) 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.
B. Vacation Accmal Maximum
All employees shall be entitled to eam and accme up to and including three hundred and
twenty (320) hours of vacation, and no employee will be allowed to eam and accme
vacation hours in excess of the three hundred and twenty (320) hour maximum.
Department Heads shall encourage the taking of accmed vacation leave. If there are
unusual circumstances that would require an employee to exceed the vacation accrual
maximum, he/she must submit a request in yvriting to the Department Head and the City
Manager. The Department Head and the City Manager may grant such 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.
C. Vacation Conversion
Once in each Febmary ,during a pay period to be determined by the City Manager or
his/her designee, employees will be allowed to voluntarily convert up to eighty (80) hours
of accmed vacation to cash, provided that they have used at least eighty (80) hours of
vacation during the prior calendar year.
D. Effects of Holiday on Vacation Leave
In the event one or more authorized municipal holidays fall within a vacation leave, such
holiday shall not be charged as vacation leave, but shall be credited as a holiday. This is
subject to the provisions in Article 22 (Holidays).
E. Effect of Leave of Absence on Accmal of Vacation Leave
An employee's accumulation of vacation leave will cease after the completion of two (2)
full scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accmal will be reinstituted beginning the first day the
employee has retumed to work.
F. Compensation for City Work During Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity,
except compensation for mandated court appearances, during the time of his/her paid
vacation leave from City service. This clause shall not limit the City's right to recall an
employee from vacation in the event of an emergency and place him/her on regular pay
status.
G. Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year,
contingent upon determination by his/her Department Head that such absence will not
materially affect the department. Each employee must consider the needs of the service
when requesting annual vacation leave. An employee shall normally provide one week
notice in advance of the day(s) he/she is requesting vacation time off. When a family
emergency arises which necessitates the use of vacation time, an employee shall provide
as much advance notice as possible considering the particular circumstances.
H. 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 22 Holidays
A. Authorized Holidays
The City shall observe: eleven (11) scheduled paid holidays plus two (2) floating
holidays for employees assigned to eight-hour-per-day-five-days-per-week workweeks
and employees participating in the 9/80 altemative work schedule. The City shall
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observe eleven (11) scheduled holidays for employees assigned to ten-hours-per-day-
four-days-per-week workweeks. The floating holiday may be used at the discretion of
the employee with prior approval of the Department Head.
The scheduled paid holidays that will be official City holidays shall be as follows:
New Year's Day Columbus Day
Martin Luther King's Birthday Veteran's Day
President's Day Thanksgiving Day
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day Two (2) Floating Holidays per fiscal year
Effective 7/1/2014, one floating holiday will be eliminated for all employees who currently
receive them (currently, employees on a 4/10 work schedule do not receive floating holidays).
B. Procedure if Holiday Falls on Saturday or Sunday
For those employees whose normal work week is Monday through Friday, when a
holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a
holiday falls on a Sunday, the following Monday shall be observed as a holiday.
The City shall annually develop and publish a holiday schedule which will identify the
speciflc days on which the above holidays will be observed as official City holidays.
C. Employees Required to Work on Holidays
1. Any employee who shall be required to work on any holiday which he/she is
entitled to take off under the provisions hereof shall receive compensation
therefore at the rate of time and one-half their FLSA regular rate for actual hours
worked plus eight (8), nine (9), or ten (10) hours of holiday pay, as applicable.
All employees who are entitled to be absent on any holiday, and who in fact are
absent, shall receive full compensation, therefore, at the straight time rate on the
next scheduled work shift.
2. Those employees whose work schedules and assignment of duties require them to
work on an authorized holiday shall receive eight (8), nine (9), or ten (10) hours
of holiday pay, as applicable, for such work week at the same rate of pay at which
they are employed, in addition to their normal pay for the time worked.
D. Employees Whose Regular Day Off Falls On a Holiday
If a holiday occurs on a day which is the employee's regular day off he/she shall be
entitied to holiday pay in the amount of eight (8), nine (9), or ten (10) hours, as
applicable, at straight time.
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E. Employees on Leave
Only employees who are on paid status on their last scheduled work day before a holiday
shall be entitled to the paid holiday except where otherwise required by law.
F. Effect of Sick Leave on Holiday Pay
An employee whose work schedule and assignment of duties require him/her to work on
an authorized holiday and who calls in sick on that work shift shall be paid eight (8), nine
(9), or ten (10) hours as applicable of holiday pay and shall also be charged for the
appropriate use of sick leave.
Article 23 Sick Leave
Sick leave can be used in 15 minute increments.
A. Accmal
Every probationary and regular full time employee shall accme sixteen (16) minutes sick
leave with pay for each calendar day of actual continuous service dating from the
commencement of said service, with such time to be accmed on a daily (calendar day )
basis. Such accruals shall be cumulative. An employee shall not receive payment for
unused sick leave accumulated to his/her credit upon termination, whether voluntary or
involuntary.
Sick leave shall not be considered a right which an employee may use at his/her
discretion. Sick leave shall be allowed as follows:
1. In the case of actual illness or disability that is not job related.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
3. A pre-scheduled doctor, dental, or optometry appointment has been approved by
the employee's direct supervisor.
4. Because illness of a member of the immediate family requires constant care and
no other care is available and/or financially feasible except that ofthe employee.
Immediate family is defined in Article 24, Bereavement.
5. All leave provisions will be administered consistent with state and federal laws.
B. Proof of Illness
In order to receive compensation while absent from duty on sick leave, the employee
must notify his/her immediate supervisor prior to the time set for the beginning of his/her
regular duties. The Department Head may request a certificate issued by a licensed
21
physician or other satisfactory proof of illness when abuse is suspected and/or when sick
leave use is in excess of three (3) consecutive work days. The Department Head may also
designate a licensed physician to conduct a physical examination, and such examination
shall be conducted at City expense. Employees shall be required to account for all hours
they are requesting as sick leave by completing an absence request. Violation of sick
leave privileges may result in disciplinary action and/or loss of pay when in the opinion
of the Department Head the employee has abused such privileges.
C. Effect of Leave of Absence
An employee's accumulation of sick leave will cease after the completion of two (2) full
scheduled pay periods in which the employee has not received compensation due to a
leave of absence without pay. Accmal will be reinstituted upon retum to work.
D. Blood Donations
Employees making a donation of blood without charge will be given reasonable time off
for that purpose. No charge will be made against accrued leave when such absence is
approved in advance by the supervisor.
E. Effect of Holidays on Sick Leave
In the event one or more authorized municipal holidays fall within a sick leave, such
holiday shall not be charged as sick leave, but shall be credited as a holiday. This is
subject to the provisions in Article 22 (Holidays).
F. Sick Leave Conversion
Any permanent employee who has accmed and maintains a minimum of one hundred
(100) hours of sick leave shall be permitted to convert up to twelve (12) days of
accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days
per one (1) day of vacation. The sick leave conversion option will be provided during the
first week of each fiscal year. Employees will not be allowed to convert sick leave to
vacation if such conversion would put them over the vacation accmal maximum of three
hundred and twenty (320) hours.
Any permanent employee applying for retirement with the Public Employees' Retirement
System may convert accrued and unused sick leave time to extend service time in the
system at the ratio of twenty-five (25) days of accrued sick leave to one month of
extended service.
Article 24 Bereavement Leave
A. An employee shall be granted, upon written request, up to three work shifts of paid
bereavement leave if required to be absent from duty due to the death of a member of the
employee's immediate family. Additional time off may be authorized by the Department
Head and charged to accrued vacation or sick leave or, when no accrued leave is
available, treated as leave without pay.
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The "immediate family" shall be defined in the personnel mles and regulations.
B. The employee may be required to submit proof of relative's death before final approval
of bereavement leave is granted.
Article 25A Family and Medical Leave Acts
The parties acknowledge the existence of the state and federal family and medical leave acts
("the Acts") and intend to apply and implement this Memorandum of Understanding so as to
comply with the Acts. As to employees who are entitled to family and medical leave under the
Acts, the City will apply "Article 25B Leave of Absence," as modified to comply with greater
benefits and protections, if any, that are provided in the Acts. The parties agree to consuh if
compliance with the Acts may hereafter require modifying the provisions of this Memorandum
of Understanding.
Article 25B Leave of Absence
1. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of his/her Department Head for less than two calendar weeks. If the
duration ofthe leave of absence will be longer, the approval ofthe City Manager
or his/her designee is required.
An employee shall utilize all his/her vacation, compensatory time off and/or sick
leave (if applicable) prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
2. To take a course of study which will increase the employee's usefulness
on retum to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department
Head.
B. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin,
the probable date of return, and the agreement to reimburse the City for any
benefit premiums paid by the City during the leave of absence. The request shall
normally be initiated by the employee, but may be initiated by his/her Department
Head, and, if applicable, shall be promptly transmitted to the City Manager or
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his/her designee for approval. A copy of any approved request for leave of
absence without pay with a duration equal to or greater than two calendar weeks
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
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 his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans
to retum. The Department Head shall promptly notify the Human Resources
Department 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
A pro-rata 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
salary anniversary date and calculation of full-time continuous service to be
extended by the number of calendar days for which such leave has been granted
less the first two full pay periods of such leave.
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 the employee has retumed to work.
F. Leave Without Pay - Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits
by reimbursing the City for the employee's 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.
Upon the employee's retum to paid status, any sums due to the City shall be
repaid through payroll deductions. This applies to sums due for insurance as well
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as other payment plans entered into between the City and the employee (e.g.,
computer loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all ofthe privileges
granted to regular employees (e.g., holiday pay), unless required by law.
G. Comprehensive Leave Policy
CCEA and the City agree to a reopener during the life of this contract to talk
about a comprehensive City-wide Leave Policy that clarifies practices related to
paid/unpaid leaves of absence.
2. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with
the provisions of State and Federal law. An employee disabled by pregnancy shall be
allowed to utilize a combination of accmed sick leave, vacation, compensatory time and
leave without pay to take a leave for a reasonable period of time, not to exceed four
months. An employee shall utilize all accmed leave, except compensatory time off, prior
to taking leave without pay. Reasonable period of time means that period during which
the employee is disabled on account of pregnancy, childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the City
reasonable notice ofthe date the leave shall commence and the estimated duration ofthe
leave.
Article 26 Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federal law.
The employee must fumish satisfactory proof to his/her Department Head, as far in advance as
possible, that he/she must report to military duty.
Article 27 Jury Duty
When called to jury duty, an employee, having provided at least seven (7) calendar days written
notice, shall be entitied to his/her regular compensation. 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 ofthe 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.
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Article 28 Rest Periods
All CCEA represented employees shall receive, at the direction of the respective department, two
(2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half
shift. Employees working in the field shall take, at the direction of the department, rest periods
at or nearby the work site or retum to their department for rest. Rest time is not cumulative
beyond the half scheduled work day within which the break period occurs.
Article 29 Late Starts
An employee who is tardy to work shall be formally counseled by his/her supervisor. Tardiness
may cause the employee's pay to be docked. Such docking shall be done by rounding to the
nearest quarter hour. An employee may not substitute accmed compensatory time, vacation,
holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break
period or lunch period.
Article 30 Flexible Classifications
An employee hired into one ofthe listed entry level positions shall be reclassified to the joumey
level position following twelve (12) months of successful service in the entry level position and
upon meeting joumey-level requirements, if any, as established by the City. Any City-
established requirements must be identified in the classification description. The employee shall
be placed at the nearest step of the joumey level salary range which represents a minimum five
percent (5%) salary increase.
Entry Level Position Joumey Level Position
Account Clerk I Account Clerk II
Technician I Building Technician II
Engineering Technician I Engineering Technician II
Library Assistant I Library Assistant II
Maintenance Worker I Park Maintenance Worker II
Maintenance Worker I Street Maintenance Worker II
Meter Services Worker I Meter Services Worker II
Office Specialist I Office Specialist II
Planning Technician I Planning Technician II
Police Records Specialist I Police Records Specialist II
Tree Trimmer I Tree Trimmer II
An employee hired into one ofthe entry level positions listed below shall be reclassified to the
joumey level position following twenty-four (24) months of successful service in the entry level
position and upon meeting joumey-level requirements, if any, as established by the City. Any
City-established requirements must be identified in the classification description. The employee
shall be placed at the nearest step of the joumey level salary range which represents a minimum
five percent (5%) salary increase.
Entry Level Position Joumey Level Position
Building Inspector I Building Inspector II
Code Enforcement Officer I Code Enforcement Officer II
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Inspector I Inspector II
Equipment Technician I Equipment Technician II
Utility Worker I Utility Worker II
Waste Water Utility Worker I Waste Water Utility Worker II
Sanitation Systems Operator I Sanitation Systems Operator II
• Employees who are currentiy in the Librarian I/II classification will be reclassified to the
new Librarian Classification (Salary Grade 55) and if their current salary is above the
Librarian salary range, their salary will be y-rated.
• Employees who are y-rated will remain at current salary and will not be eligible for
salary increases until the salary range for 55 exceeds the salary of the y-rated employee.
At that time, the y-rated employee shall move to the closest step on the salary range that
is in excess of their y-rated salary. The 2013 and 2014 salary increases shall apply to
these y-rated employees.
• Those employees who cannot receive the 3% increase while staying within the salary
range will receive a base building increase up to the range maximum and the balance as a
stipend in the pay period that includes January 1, 2014.
• Within 30 calendar days of the ratification of this Memorandum, an intemal recmitment
will be opened for the lead position and (also within 30 calendar days) CCEA will be
notified how many lead librarian positions will be filled, the timeline for when they are
projected to be filled and where they will be assigned.
• Librarian I/II who are not y-rated under this proposal shall be moved to the closest but
higher step on range 55 and shall remain eligible for step increases in 2013 on their
anniversary date and may be placed on a longevity step even if they otherwise would not
qualify for longevity pay.
Article 31 Flexible Start Hours
CCEA represented employees, with advance Department Head approval, may alter their starting
time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke
the flexible start time at any time and retum the employee to regular working hours for that
particular department. An employee shall receive fourteen (14) calendar days' notice, unless
extenuating circumstances preclude such a notice, prior to revocation of flexible start hours.
This article is not subject to the grievance procedure.
Article 32 Flexible Work Schedules
Employees hired on or after December 23, 1991, by departments/divisions currently operating on
an altemative work schedule shall be subject to having their daily work schedule changed at the
sole discretion of the department. Such changes include, but are not limited to, a) number of
days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c)
starting/ending times of assigned shifts. This article shall not be subject to the grievance
procedure.
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9/80 Altemative Work Schedule:
The parties acknowledge that they met and conferred in good faith over the terms and
conditions for implementation of a 9/80 work schedule. The result of that meeting and
conferring is reflected in the City of Carlsbad's Administrative Order No. 57, by which
the parties will control implementation of the 9/80 schedule. This article shall not be
subject to the grievance procedure.
Article 33 Flexible Job Sharing
Two or more employees may, with the express written approval of the City Manager, the Human
Resources Director, and the affected Department Head, participate in a flexible job sharing
program. The specifics of such a program shall be determined by the employees and the City on
a case by case basis. Prior to implementation of any such program(s), a written agreement
setting forth the specifics of the program shall be signed by the affected employees and the City.
This article shall not be subject to the grievance procedure.
Article 34 Health Insurance/Flexible Benefits Program
Employees represented by CCEA 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.
A. Medical Insurance
Al. Employees represented by CCEA 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 C 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 through CalPERS. Effective the pay period that
includes March 1, 2013, the City will contribute the following monthly amounts (called
Benefits Credits) on behalf of each active CCEA employee and eligible dependents
toward the payment of 1) medical premiums under the CalPERS Health Program, 2)
contribution of some or all of the premium for dental coverage or vision coverage and 3)
contributions in the name of the employee to the City's flexible spending account(s):
(a) For employees with "employee only" coverage, the City shall contribute five
hundred seventy-eight ($578) per month (increased from $552 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 twenty seven ($1,027) per month (increased from $980
per month) that shall include the mandatory payments to CalPERS. If the actual
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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 three hundred nineteen ($1,319) per month
(increased from $1,259 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.
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.
A2. The amount of the increase was determined by 1) taking the average percentage increase
for all of the CalPERS HMO health plans for January 1 st for the year in question and 2)
adding 50% of this percentage increase to the previous calendar year's monthly City
contribution for each coverage level (rounded to the nearest whole dollar amount) to
determine the new monthly City contribution dollar amount.
A3. To provide CCEA members with the value of this increase in Benefits Credits for the pay
periods that include the period between March 1, 2013 and ratification of this
Memorandum by the City Council, the City shall, with payroll, for the first full pay
period after ratification of this Memorandum by the City Council, make a one-time
taxable (non-PERSable) cash payment equal to the increase in benefits credits for CCEA
members employed by the City on that date. The total cash amount will depend on the
number payroll periods in 2013 that occur between March 1, 2013 and ratification of this
Memorandum in which Benefits Credits were applied before implementation of the
Benefits Credits increase resulting from sections Al and A2 above.
A4. The dollar amount paid by the City for each coverage level (employee only, employee
plus one dependent and employee plus two or more dependents) will be increased in the
first pay period of calendar year 2014. The amount of the increase will be determined by
1) taking the average percentage increase for all of the CalPERS HMO health plans for
January 1^^ for the year in question and 2) adding half of this percentage increase to the
previous calendar year's monthly City contribution for each coverage level (rounded to
the nearest whole dollar amount) to determine the new monthly City contribution dollar
amount.
A5. Effective the first full pay period after ratification of the MOU between the City and
CCEA (prospectively only) 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), instead of receiving taxable cash. As of January 1, 2014, the employee
will also have the option of using any "excess credits" to purchase accidental death and
dismemberment (AD&D) insurance.
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All active CCEA-represented employees who work three quarter-time or less will receive
prorated benefit credits.
B. Dental Insurance
Represented 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.
As of January 1, 2014, dental coverage will be optional at any coverage level, regardless
of the employee's medical coverage.
C. Vision Insurance
Represented employees will be eligible to enroll in a City-sponsored vision insurance
plan. Employees may elect to purchase vision insurance or to opt out of the vision
insurance program. If the decision is made to purchase vision insurance, a CCEA
represented employee may purchase vision insurance at any level of coverage (employee
only, employee plus one dependent, employee plus two or more dependents).
D. Retirees
Each retired employee who was a member of this bargaining unit is eligible to be 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, shall be
eligible to continue their em-ollment 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 of the PEMHCA toward the cost of each
retiree's enrollment in the CalPERS Health Program.
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 retiree and eligible dependents shall be home
solely by the retiree. The City shall not charge the COBRA administrative cost to the
retirees. A retiree who does not choose continued coverage upon retirement, or drops
coverage, is only eligible to retum to the City's dental and vision insurance program
during open enrollment periods.
The City will invoice the retiree for his/her monthly premiums for dental and/or vision
insurance and the retiree must keep such payments current to ensure continued coverage.
E. Opt Out Provision
CCEA represented 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.
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Effective the pay period that includes March 1, 2013, employees who elect the opt-out
provision will be given a reduced City contribution amount (Benefits Credits) of two
hundred fifty ($250) per month (increased from $239 per month) to be used toward the
purchase of dental insurance, vision insurance, as a contribution to a flexible spending
account or as cash (reported as taxable income). As of January 1, 2014, the employee
will also have the option of using any "excess credits" to purchase accidental death and
dismemberment (AD&D) insurance. The City contribution amount of two hundred fifty
($250) 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).
The dollar amount paid by the City for employees who elect the opt-out provision will be
increased in the first pay period of calendar year 2014. The amount of the increase will
be determined by 1) taking the average percentage increase for all of the CalPERS HMO
health plans for January 1st for the year in question and 2) adding half of this percentage
increase to the previous calendar year's monthly City contribution for each coverage
level (rounded to the nearest whole dollar amount) to determine the new monthly City
contribution dollar amount.
Effective the first full pay period after ratification of the MOU (prospectively only)
unused Benefits Credits as outlined above will be paid to the employee in cash and
reported as taxable income.
Article 35 State Disability Insurance/Family Medical Leave Benefits
A. Employees represented by CCEA will be enrolled in the State Disability Insurance
Program. (The City agrees to pay the premium.)
B. On January 1, 2004, the State Disability Insurance Program will provide for paid leave
benefits for employees who qualify for family medical leaves of absence. The employee
shall pay the premium attributed to the family medical leave portion of the insurance
program. The employee may elect to use accumulated vacation, sick leave or
compensatory time off during the seven day elimination period.
C. Employees represented by CCEA shall be entitled to combine accumulated sick leave,
vacation leave or comp time with State Disability payments for the purpose of achieving
the equivalent of their pre-disability salary to the extent allowed by law during any period
of nonindustrial disability. Under no circumstances shall the combination of accumulated
leave and State Disability Insurance payments exceed the employee's pre-disability
salary.
Article 36 Long Term Disability (LTD)
During the term of this memorandum, City agrees to continue to provide long term disability
insurance. Said insurance shall provide for a ninety (90) calendar day waiting period prior to
payment eligibility. Employees represented by CCEA shall be entitied to combine accumulated
vacation leave or comp time with LTD payments for the purpose of achieving the equivalent of
their pre-disability salary to the extent allowed by law during any period of nonindustrial
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disability. Accumulated sick leave may not be combined with LTD payments. Under no
circumstances shall the combination of accumulated leave and LTD payments exceed the
employee's pre-disability salary.
Article 37 Retirement
A. The City has contracted with CalPERS for the following retirement benefits:
• Miscellaneous Tier 1 (employees entering miscellaneous membership for the first
time prior to November 28, 2011) - The retirement formula shall be 3% @ 60; single
highest year final compensation.
• Miscellaneous Tier 2 (employees entering miscellaneous membership for the first
time on or after November 28, 2011) - The retirement formula shall be 2% @ 60;
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 be subject to all the
applicable PEPRA provisions, which include but are not limited to the following
retirement benefits.
• Miscellaneous Tier 3 - retirement formula shall be 2% @ 62; three year average final
compensation.
B. 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 Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Tier 1 miscellaneous employees shall pay all of the employee retirement contribution
(8%)
• Tier 2 miscellaneous employees shall pay all of the employee retirement contribution
(7%)
• Tier 3 miscellaneous employees shall pay one half of the normal cost rate associated
with the 3'''^ tier.
C. The City will continue to contract with CalPERS for the third level of 1959 Survivors'
Benefit.
D. The City shall continue to contract with CalPERS for the military service credit option.
The cost of this option is home entirely by the employee. Payments by the employee to
CalPERS are to be arranged by the employee directly with CalPERS. Once such a
payment schedule has been approved by CalPERS, the employee may arrange with the
City for such payments to be made by means of payroll deduction
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Article 38 Deferred Compensation
The City shall provide for a Deferred Compensation Plan which may be utilized by any
employee on an optional basis. The City reserves the right to accept or reject any particular plan
and to impose specific conditions upon the use of any plan. Such plan shall be implemented
without cost to the City.
CCEA-represented employees will be eligible for the personal loan provision established with
the City's deferred compensation provider (currently ICMA Retirement Corporation). 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.
Article 39 Dispute Resolution Procedure
The purpose of this procedure is to provide a single, uniform process for CCEA represented
employees to resolve disputes conceming grievances and discipline in an efficient maimer and
without subsequent discrimination or reprisals. Any time limit provided under this Article may
be extended by mutual consent of the parties.
1. Applicability of This Article
Grievances and group grievances, as defined in Part 2 of this Article, may be appealed
under Parts 2 and 4 of this Article. The following types of discipline may be appealed
under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in
pay of more than one work shift, demotion and termination. Any regular CCEA
represented employee may appeal a letter of reprimand, suspension of one work shift or
less or reduction of pay of one work shift or less to his or her Department Head for a final
decision.
2. Grievances
A. Individual Grievances
A "grievance" is a formal, written allegation by a grievant that he/she has been adversely
affected by an existing violation, misinterpretation or misapplication of the specific
provisions of the Memorandum of Understanding and/or provisions of the Personnel
Rules and Regulations.
The City's exercise of management rights is not reviewable under this procedure unless
such exercise also violates other provisions(s) of the Memorandum of Understanding
and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would
require the modification of a policy established by the City Council or by law, or is
reviewable under some other administrative procedure and/or rules of the City, such as:
(1) Appeals from formal disciplinary proceeding.
(2) Appeals from work performance evaluations.
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B. Group Grievances
Within thirty (30) calendar days after authorized representatives of the employee
organization knew or by reasonable diligence should have knoyvn of a condition giving
rise to a grievance, a group of employees may file a group grievance with the Human
Resources Department. CCEA, as an "organization," may also file a group grievance on
behalf of employees if CCEA 1) identifies the employees who are adversely impacted by
name and by classification, and 2) specifically identifies how these employees are being
adversely affected.
(1) The group of employees must file one (1) grievance form which all members
ofthe group have read and signed. Members of the group will be limited to
those who have read and signed the initial grievance form.
(2) Group grievances shall proceed through all normal grievance processes and be
subject to all applicable time limitations as set forth herein.
(3) The resolution of a group grievance may not be consistent among a employees
who filed, read and signed the group grievance due to differences in the
circumstances or occurrences that brought about the grievance.
C Informal Resolution
Within twenty (20) calendar days after an employee knew or reasonably should have
known that he or she has suffered a grievable injury, the employee shall attempt to
resolve the grievance by an informal conference with his or her immediate supervisor.
Within twenty (20) calendar days after an employee organization knew or reasonably
should have knoyvn that its members have suffered a grievable injury, it shall attempt to
resolve the matter by an informal conference with an appropriate immediate supervisor.
The Supervisor shall meet with the employee(s) or organization within ten (10) calendar
days of receiving the request for the meeting. The immediate supervisor shall give his or
her response to the employee or employee organization within twenty (20) calendar days
of the informal conference.
D. Department Head Review
If a grievance is not informally resolved, within twenty (20) calendar days after receiving
the immediate supervisor's response, the employee or employee organization shall
request in yvriting an opportunity to discuss the grievance with the Department Head. The
Department Head shall meet with the employee(s) or organization within ten (10)
calendar days of receiving the request for the meeting. The Department Head, or his/her
designee, shall give his or her response to the employee or employee organization in
writing within twenty (20) calendar days of the meeting.
E. City Manager Designee's Review
If a grievance is not resolved by the Department Head, within twenty (20) calendar days
after receiving the Department Head's response, the employee or employee organization
34
shall request in writing an opportunity to discuss the grievance with the City Manager's
Designee. The City Manager's designee shall meet with the employee(s) or organization
within ten (10) calendar days of receiving the request for the meeting. The City
Manager's Designee shall give his or her response to the employee or employee
organization in yvriting within twenty (20) calendar days of the meeting.
F. Permissible Relief
A grievance may only seek to remedy the specific injury caused by a violation,
misinterpretation or misapplication of the specific provisions of the Memorandum of
Understanding and/or provisions of the Personnel Rules and Regulations.
The City's exercise of management rights is not reviewable under this procedure unless
such exercise also violates other provisions(s) of the Memorandum of Understanding
and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would
require the modification of a policy established by the City Council or by law, or is
reviewable under some other administrative procedure and/or mles of the City, such as:
(1) If it would require the modification of a policy established by the City Council or by
law;
(2) If it is reviewable under some other administrative procedure and/or mles of the City
such as: appeals from formal disciplinary proceedings, appeals from work
performance evaluations, etc.
(3) If it calls exclusively for relief that cannot be granted such as discipline of other
employees or confidential information about other employees.
G. Service of Notice
A notice that a grievance has been resolved or a notice that a grievance raises a matter
that may not be addressed utilizing this procedure shall be served upon the employee in
person or by registered mail, and whenever possible the employee shall acknowledge
service by signing the receipt.
H. Resolved Disputes
A grievance is considered resolved under any of the following circumstances:
(1) When the City and employee agree to a resolution;
(2) When the employee fails to advance the matter to the next step of the
administrative procedure in the time specified herein for doing so;
(3) When the City has provided the relief sought by the employee that it is
legally capable of providing.
A grievance that has been resolved does not progress any further through the dispute
resolution process.
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Discipline
A. Grounds For Discipline
The City has the authority to impose appropriate discipline upon any represented
employee for cause. Discipline shall be commensurate with the seriousness of the
offense and with consideration of the employee's prior performance and disciplinary
record. Grounds for discipline may include but are not limited to the following:
(1) Fraud in securing employment
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,
working unauthorized overtime, disclosure of non-public, intemal and/or
confidential, information or dishonesty.
(3) Being under the influence of alcohol or intoxicating drugs
while on duty.
(4) Absence without leave.
(5) Criminal conviction having some relevance to the job.
(6) Intentionally being discourteous to the public.
(7) Unauthorized use of or neglect of City property.
(8) Abuse of sick leave.
(9) Unauthorized outside employment that constitutes a conflict of interest
(10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
(11) Falsiflcation of any City report or record.
(12) Willful violation of any of the provisions of the City Code, ordinances,
resolutions or any mles, regulations or policies which may be prescribed by the
City Council, City Manager, department manager, or supervisor.
(13) Political activities precluded by State or Federal law.
(14) Failure to respond to questions or otherwise failure to participate during an
investigation conducted by the City or its agents.
(15) Other acts that are incompatible with service to the public.
B. Pre-Disciplinarv Procedure
If a supervisor determines that an employee might be a threat to him or herself, other
employees or members of the public, the supervisor may immediately take whatever
action is necessary to reduce or eliminate the danger, but the employee shall retain the
right to notice and an opportunity to respond to discipline under this Article.
Except for any oral or yvritten counseling, waming or reprimand, the Department Head or
his/her designee shall advise the employee and the Human Resources Director of
contemplated disciplinary action in a yvritten Notice of Intended Discipline including a
description of the misconduct, the grounds for discipline, and the employee's right to
respond within seven (7) calendar days after the date of the Notice of Intended Discipline
and prior to the discipline being imposed. If the employee elects to respond, he or she
may have a representative and meet informally with the City Manager's designee,
without the right to bring witnesses or present a formal case. Within seven (7) calendar
days ofthe employee's response or failure to respond in a timely manner, the City
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Manager's designee shall advise the employee in writing whether the proposed discipline,
modified discipline or no discipline is being imposed.
Any discipline will be announced in a written Notice of Discipline including a
description ofthe misconduct, the grounds for discipline and the right to appeal the
discipline using the administrative procedure under Part 4 of this Article.
C. Service of Notice
A Notice of Intended Discipline or a Notice of Discipline shall be served upon the
employee in person or by registered mail, and whenever possible the employee shall
acknowledge service by signing the receipt.
4. Administrative Procedure
An employee may have both a legal representative of his or her choosing and a CCEA
representative of his or her choosing at any step of this administrative procedure. This
representative may at the employee's option be provided by an employee organization. If
the representative is a City employee, the employee seeking the representative shall
notify the representative's immediate supervisor and the City's Human Resources
Department in yvriting and the supervisor shall make the necessary arrangements for the
representative to be present at any hearing.
A. Step One - Filing an Appeal
If a grievance is not formally resolved or an employee seeks to appeal a suspension of
more than one work shift, reduction in pay of more than one work shift, demotion or
termination, within ten (10) calendar days of receiving the City Manager designee's
response to the grievance or the Notice of Discipline, the employee or employee
organization may file with the Human Resources Director an application for an advisory
hearing.
B. Step Two - Administrative Hearing
(1) Hearing Procedure
If the matter is subject to an advisory hearing, the City shall arrange if practicable
for the matter to be heard by a hearing officer within one hundred twenty (120)
calendar days of the date of the filing of the appeal with the Human Resources
Director. The hearing shall be scheduled for a time that is mutually convenient to
the parties and the hearing officer.
The advisory hearing shall be closed unless the employee or the employee
organization request that it be open to the public. In the case of an appeal of a
grievance, the parties shall equally bear the costs of the mandatory court reporter,
transcripts, hearing officer and facilities. Each party shall bear its oyvn witness
fees, attomey fees and exhibit costs. In the case of an appeal of disciplinary
action, the City shall bear the costs of the mandatory court reporter, transcripts,
37
hearing officer and facilities. Each party shall bear its own witness fees, attomey
fees and exhibit costs.
The advisory hearing shall be limited to arguments, witness testimony and
exhibits offered by the parties. The hearing shall proceed according to an
Administrative Order regarding Rules of Procedure for Personnel Meetings and
Hearings. Such an Administrative Order will replace Personnel Board Resolution
19 to reflect that the Personnel Board is being replaced by a hearing officer in
matters of grievance and discipline.
(2) Hearing Officer
The employee or employee organization and the City may agree that the advisory
hearing will be conducted before a hearing officer mutually selected by the parties
from a list of hearing officers provided by a neutral third party. The selection of a
hearing officer will include a review of his/her background and qualifications
which will include experience as a labor attomey and/or mediator and/or
arbitrator affiliated with American Arbitration Association, State of Califomia
Mediation and Conciliation Service or Judicial Arbitration Mediation Services
(JAMS).
(3) Permissible Relief
In the case of a grievance appeal, the hearing officer may only recommend that
the relief initially sought by the employee or employee organization be granted or
that the position of the City should be upheld.
In the case of disciplinary appeals, the hearing officer may recommend either that
the discipline imposed by the City be upheld, that a lesser discipline be imposed,
or that no discipline be imposed.
The advisory findings and recommendation of the hearing officer shall be
provided to the employee or employee organization.
C. Step Three- Final Determination
The advisory findings and recommendation, hearing transcript and exhibits conceming a
grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to
the City Manager for a final determination. The City Manager, or his/her designee, may
allow, at his or her discretion, limited oral arguments and/or written statements from
either side. Within thirty (30) calendar days of receiving all applicable documents or
hearing the oral arguments of the parties, whichever is later, the City Manager or his/her
designee shall make a final and conclusive written decision.
(1) For grievances, the City Manager, or his/her designee, shall either reject
the grievance or uphold the grievance and provide a remedy selected by
the City Manager, or his/her designee.
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(2) For disciplinary appeals, the City Manager, or his/her designee, shall
make a final and conclusive yvritten decision to uphold, modify or reject
the discipline.
D. Post-Hearing Procedure
The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the
final determination of the City Manager.
Article 40 Alcohol and Drug Policy
I. POLICY
It is the policy ofthe City of Carlsbad to provide, for its employees, a work environment
free from the effects of dmgs and alcohol consistent with applicable State and Federal
law. 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 Administration (SAMHSA). All procedures and protocols for collection,
chain of custody and testing will be conducted consistent with standards required under
SAMHSA certification. This policy is intended to accomplish that objective.
A. Definitions - As Used in This Policy:
1. "Dmg" 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.CP., 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 dmgs
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 dmgs in the workplace or while on-call;
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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 dmg statute
(including any pleas of nolo contendere), if such conviction was
based on a violation which occurred in the workplace, no later than
flve days after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any
medication or dmgs, prescription or non-prescription (over-the-counter
medications), which they have been informed by a medical provider may
interfere with safe or effective performance of their duties or operation of
City equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal dmg 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.
Employer Searches
For the purpose of enforcing this policy and maintaining a dmg-free workplace,
the City reserves the right to search, with or without prior notice to the employee,
all work areas and property in which the City maintains full or joint control with
the employee, including but not limited to City vehicles, desks, lockers, file
cabinets, and bookshelves. These areas remain part of the workplace context even
if the employee has placed personal items in them. Employees are cautioned
against storing personal belongings in work areas under full or joint City control
since such work areas may be subject to investigation and/or search under this
policy.
Employer searches shall occur when there is a determination of "reasonable
suspicion" as defined herein. Such searches shall be conducted by persons having
supervisory and/or other legal authority to conduct such searches. Searches will
not normally occur without concurrence of more than one supervisor. Nothing
herein shall prevent the City from taking appropriate action if there is an
inadvertent discovery of evidence of dmg or alcohol use.
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D. 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 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. After receiving an offer of employment, an otherwise successful candidate
must submit to a dmg 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 illegal 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:
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 deflned in Section l.A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or
disability;
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d. an accident involving City property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are dismptive, 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 drugs;
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 dmg 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.
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 dmg 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.
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Article 41 Access to Information
The City will make available to CCEA such non-confidential information pertaining to
employment relations as is contained in the public records of the City, subject to the limitations
and conditions set forth in this article and Govemment Code Section 6250-6260.
Such information shall be made available during regular office hours in accordance with the
City's mles and procedures for making public records available and after payment of reasonable
costs, where applicable.
Information which shall be made available to CCEA includes regularly published data covering
subjects under discussion. Data collected on a promise to keep its source confidential may be
made available in statistical summaries, but shall not be made available in such form as to
disclose the source.
Nothing in this article shall be constmed as requiring the City to do research for an inquirer or to
do programming or assemble data in a manner other than usually done by the City.
Nothing in this article shall be construed to require disclosure of records that are:
(1) Personnel, medical and similar files, the disclosure of which would constitute an
unwarranted invasion of personal privacy or be contrary to merit system principles;
(2) Working papers or memoranda which are not retained in the ordinary course of business
or any records where the public interest served by not making the record available clearly
outweighs the public interest served by disclosure of the record;
(3) Records pertaining to pending litigation to which the City is a party, or to claims or
appeals which have not been settled.
Article 42 Communications
The parties agree to continue meeting at least once each month during the term of the agreement
for the purpose of continuing communications on subjects of mutual concem.
Article 43 Legal Representation
Upon request of an employee and subject to any limitations provided by law, the City will
provide for the defense of any civil action or proceeding initiated against the employee by a
person or entity other than the City in a court of competent jurisdiction, on account of any act
or omission occurring within the course and scope of his/her employment as an employee of the
City.
Nothing herein shall be deemed to require the provision of such defense where the discretion to
provide or not provide such defense is vested in the City pursuant to the provisions of the
Califomia Govemment Code, or where the act or omission was not within the scope of the
employee's employment, or the employee acted or failed to act because of actual fraud,
corruption or actual malice, or where the provision of such defense would create a conflict of
interest between the City and the employee.
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Nothing herein shall be constmed to grant to any employee any right or privilege in addition to
those provided in the said Govemment Code.
Article 44 Layoff
Layoff: The City may layoff an employee in the merit service because of material change in
duties or organization or shortage of work and funds. Fourteen (14) calendar days prior to the
effective date of a layoff, the appointing authority or designee shall notify the Human Resources
Director of the intended action with reasons therefore, and a statement certifying whether or not
the services of the employee have been satisfactory. A copy of such notice shall be given the
employee affected and CCEA. If certified as having given satisfactory service, the name of the
employee laid off shall be placed on the appropriate reemployment list as provided by these
rules.
Reduction in Force Procedures: The parties agree that CCEA may initiate a reopener within
thirty (30) days of ratification of this Memorandum regarding changes to layoff procedures.
Effective upon ratification of this Memorandum, and continuing until such time as the parties
agree to change the procedures (or after meet and confer and exhausting all required impasse
procedures, the City imposes changes to these procedures) the following procedures will apply to
all probationary and permanent employees in the event of a reduction in the City work force.
(a) Definitions: The following definitions apply to these procedures:
(1) City Service Seniority shall be determined as the period of total continuous
service with the City as measured from the date of original appointment.
(2) Classification Seniority shall be determined as the period of total continuous
service of an employee in the present classification as measured from the date of
appointment to that classification.
(b) Reduction in Force-Demotion: Whenever there is a reduction in the work force in which
more than one employee in a classification has been identified for layoff, the City shall
first demote the employee in that classification with the greatest length of continuous
City service to a vacancy. The employee identified for demotion to the vacant
classification must have previously served in that classification and be determined to be
currently qualified. An employee may refuse to accept a demotion and accept layoff
without jeopardizing reemployment rights otherwise provided for in this procedure.
(c) Reduction in Force-Layoff: Whenever there is a reduction in the work force, the City
shall secondly lay off employees within a classification according to continuous City
service seniority. Employees with the least continuous City service shall be laid off first.
(d) Notification: Whenever there is a reduction in the work force requiring layoff, the City
shall send written notice to the last knoyvn address of each employee affected by a layoff.
The notice shall include the (1) reason for layoff, (2) classes to which the employee may
demote within the City, if any, (3) effective date of action, (4) conditions goveming
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retention on and reinstatement from reemployment lists, and (5) mles regarding waiver of
reinstatement and voluntary withdrawal from the reemployment list.
(e) Determining Length of Seniority: In determining continuous City service seniority, all
unintermpted employment from the original date of hire, including periods of authorized
leaves of absence and including all periods of time service seniority, all unintermpted
employment from the original date of hire, including periods of authorized leaves of
absence and including all periods of time served as a limited term or CETA employee,
shall be counted as continuous City service seniority.
(f) Order of Reduction in Force: In a reduction in force the following order of layoffs shall
be followed: (1) hourly, temporary and provisional employees in the affected
classification series; (2) limited term employees in reverse order of their seniority in the
affected class series; (3) City probationary employees in reverse order of their
classification seniority in the affected class series; (4) should there be need for further
reduction, regular employees who have been identified for layoff per section (c) above in
the affected classification series shall be given the opportunity to accept or refuse
demotion in order of their classification seniority pursuant to section (i) below; (5) should
a reduction in force still be necessary, regular employees shall be laid off in reverse order
of their classification seniority.
(g) Determining Order of Layoff and Demotion for Employees With Identical Seniority:
Should two or more employees have identical seniority, the order of layoff and demotion
will be determined by alphabetical order of the employees' sumames, with the employee
with the last name beginning with the letter closest to the beginning of the alphabet to be
selected for layoff or demotion first.
(h) Transfer: All effort will be made by the City to transfer any employee who is to be
affected by a reduction in force to another vacant position for which such employee may
qualify.
(i) Order and Method of Demotion Pursuant to a Reduction in Force-Bumping: When
required due to a reduction in force, employees shall be demoted in the following
maimer:
(1) Employees who are demoted, who have held permanent status in a lower
classification shall have the right to bump employees of lesser City service
seniority in that lower classification.
(2) Employees who have not actually held status in a lower classification shall be
allowed to demote to a vacant position or to a position held by a City probationary
employee in such lower class, but may not bump regular City employees already
in that lower classification.
G) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force:
Employees who are demoted as a result of a reduction in force shall have their names
placed on a reinstatement list, in order of their City service seniority. Vacant positions in
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which an employee has served within a classification series shall first be offered to
employees on this list.
(k) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees
who are laid off and who held permanent City status at the time of layoff shall have their
names placed on a reemployment list for classifications at the same or lower salary range
for which they qualify in the order of their classification seniority. Vacant positions in
such classifications will be offered to eligibles on the reemployment list who qualify for
such vacancies prior to an open or promotional recmitment.
(1) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the
reinstatement and reemployment list shall extend for a period of two years from the date
of demotion or layoff. Eligibles not responding to yvritten notification of an opening after
fourteen (14) calendar days shall have their names removed from either the
reemployment or reinstatement list.
(m) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon
reemployment following a reduction in force, an individual will have the following
benefits restored:
(1) Prior sick leave accmals.
(2) Seniority at time of layoff for purposes of determining merit increases, vacation
accmals and future reduction in force.
(3) The salary paid to an employee who is reemployed shall be equivalent to the
salary plan at the time of reemployment. If the employee chooses to be
reemployed in a classification which has a salary range lower than the
classification from which he was laid off, then salary placement will be in the
range at the Step 5 or, as of January 1, 2014, at the range maximum as reflected in
the current effective salary plan at the time of reemployment.
(n) Payoff of Accmals Upon Layoff: Laid off employees are to be paid for all accmed
holiday, vacation, compensation time and overtime when separated as a result of a layoff.
The sick leave accruals of such employee will remain on the books and will be reinstated
if they are reappointed.
(o) Retirement Contribution: The disposition of the retirement contributions of a laid off
employee shall be governed by the provisions of the State of Califomia Public
Employees' Retirement Law as contained in the Govemment Code.
(p) All CCEA represented employees involuntarily separated from the City service due to
layoff shall receive one month's salary computed at the employee's actual salary at the
time of separation.
The CCEA and City agree to a reopener to be initiated by CCEA within 30 days of the
ratification of this MOU regarding changes to layoff procedure (Article 44).
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Article 45 Carlsbad Municipal Water District
1. Effective Febmary 17, 1992, employees of the Carlsbad Municipal Water District
("CMWD") shall become employees ofthe City of Carlsbad ("City"). Each CMWD
employee shall retain his/her CMWD classification, salary range, salary step, salary
anniversary date, and seniority date upon becoming a City employee. Each employee's
job title, salary range, and salary step shall be subject to future modification upon
completion of a City classification and compensation study. In no instance shall an
employee's salary be reduced as a result of the City classification and compensation
study.
2. Effective Febmary 17, 1992, each CMWD employee shall be subject to the City's
personnel system as established by the municipal code, the personnel mles and
regulations, administrative orders, the applicable memorandum of understanding, and
other applicable ordinances, resolutions, and mles and regulations dealing with personnel
and employer-employee relations.
3. Effective Febmary 17, 1992, each CMWD employee shall be subject to the work rules
and operations mles of the City.
4. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits
granted to CMWD employees as outlined in Attachment B (attached).
5. Unless specifically set forth in paragraph 4 above, all other fringe benefits shall be the
same as those for City employees in the appropriate bargaining units as of Febmary 17,
1992.
6. Employees hired on or after Febmary 17, 1992, into the water operation shall not be
eligible for those benefits set forth in paragraph 4 above.
7. Employees who terminate service with the City (by reason other than lay off) shall not be
eligible for the benefits set forth in paragraph 4 above upon reinstatement to the City.
8. Employees covered by this provision are listed in Attachment C.
9. No current City employees will be laid off as a result of assimilation of CMWD
employees.
10. Former CMWD employees will be in the bargaining unit represented by CCEA.
Article 46 Full Understanding. Modification. & Waiver
It is intended that this agreement sets forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or existing understanding or
agreements by the parties, whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
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Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms
or provisions contained herein shall not be binding upon the parties hereto unless made and
executed in writing by all parties hereto and, if required, approved and implemented by the City
Council.
The waiver of any breach, term or condition of this agreement by either party shall not constitute
a precedent in the future enforcement of all its terms and provisions.
Article 47 Provisions of Law
It is understood and agreed that this Memorandum of Understanding is subject to all current and
future applicable federal and state laws, federal and state regulations. If any part or provision of
the Memorandum of Understanding is in conflict or inconsistent with such above applicable
laws, mles and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding shall not
be affected thereby.
Article 48 Retention of Benefits
The employees of the City of Carlsbad shall retain all present benefits as set forth in this
Memorandum for the term of this agreement, except as amended by this Memorandum, or unless
modified after exhausting the meet and confer process.
Article 49 Non-discrimination Clause
No person shall in any way be favored or discriminated against, by either the City or the
Association, to the extent prohibited by law because of actual or perceived political opinion or
affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin,
veteran status, medical condition or physical or mental disability. In addition, no person shall be
favored or discriminated against because of his/her association with someone who has or is
perceived to have any characteristics of being in one of these classes of people. This affects
decisions including, but not limited to, an employee's compensation, benefits, terms and
conditions of employment, opportunities for promotion, training and development, transfer and
other privileges of employment.
The City is committed to providing ongoing training to all employees on the subjects of equal
employment, non-discrimination and cultural awareness.
Article 50 Americans With Disabilities Act
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this Memorandum of Understanding so as to comply with the
ADA. The parties agree to consult if compliance with the ADA may require modifying the
provisions of this Memorandum of Understanding.
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Article 51 Life Insurance and Voluntary Benefits
All CCEA-represented employees shall receive City paid life insurance in an amount equal to
one times their basic yearly eamings. To determine the benefit, 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 52 Special Housing Facilities
The City maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The
employee assigned the duty of Maerkle Facilities Steward is tasked with maintaining a safe,
legally compliant facility and ensuring the security of City facilities. A detailed description of
the conditions that apply to this assignment are outlined in Attachment E.
1. Employee Status
The employee assigned as the Maerkle Facilities Steward shall be a ftill-time permanent
employee of the City.
2. Priority of Assignments
In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment
shall be offered to qualified current CCEA employees in the Water Operations Division
of the Utilities Department based on their seniority in the Water Operations Division.
In order to be considered qualified for the assignment, the employee must have a
minimum of one year of service in the City's Water Operations Division. In addition, the
employee must not be on a Performance Improvement Plan (PIP), and must be fiilly
competent in facility operations, recordkeeping, emergency response procedures and be
in compliance with the following regulations govemed by these respective agencies:
a. Cal-OSHA's Califomia Code of Regulations, Title 8, section 5189, Process Safety
Management (PSM) of Highly Hazardous Materials.
b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental Release
Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section
112(r), Program 3 requirements.
c. Califomia Office of Emergency Services, Califomia Code of Regulations, Title 19,
Division 2, Chapter 4.5, Califomia Accidental Release Prevention (CalARP)
Program.
d. County of San Diego, Department of Environmental Health, Hazardous Materials
Division, Hazardous Materials Business Plan.
e. Califomia Health and Safety Code, Section 25531 through 25534.
f. State of Califomia, Department of Water Resources, Division of Safety of Dams.
g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment
Operator Grade T-l per CDPH "shift operator" requirements.
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The employee must remain qualified throughout the assignment. Under no circumstances
will the duties of the Maerkle Facilities Steward be assigned to an employee that does not
comply with the regulations as outlined above.
3. Responsibilities
The Steward shall be responsible for performing the following duties:
A. Safety
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials
Business Plan
b. Immediately report any observed non-compliance issues with the PSM/RMP
Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition
B. Emergency Response - Notification - Documentation
a. Respond to emergency situations to include the chlorination facilities per
PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
C. Operations and Maintenance
a. Make occasional chlorine adjustments, flow changes and system changes as
needed
b. Perform general maintenance on the residence, yard and fencing
c. Perform general maintenance on the property, perimeter fencing and weeds
D. Inspections
a. Perform routine visual inspections of the entire site at least weekly
b. Perform visual inspections of the entire site after any disaster event including
minor earthquakes
c. Document and report any issues or concems to the Water Operations Supervisor
E. Security
a. Be onsite on a regular basis during nonworking hours for a minimum of four
weeknights per week and a minimum of three weekends per month (except for
extended periods due to supervisor approved leaves, at which time the department
will be responsible for ensuring coverage for Steward's responsibilities)
b. Monitor access of residents through property during significant flood events
c. Immediately report any security breaches or issues to the proper authority,
including police, where appropriate
4. Rent and Utilities
The City shall charge a nominal rent for the residence. Said rent shall be established
from time to time by the City and communicated to the Steward in yvriting with sixty (60)
50
calendar days advance notice of any changes. The City shall fumish the water supply and
electricity for the residence and the Steward shall be responsible for the balance of the
utilities.
Term
The City maintains the right to change the assignment of the Maerkle Facility Steward
responsibility based solely upon the City's discretion and the City shall not be required to
show cause. Moreover, the Steward shall have no due process rights related to a change
from the assignment as a change shall not be considered disciplinary. It is the intent of
this provision to create an at-will tenancy that can be revoked at any time upon at least
sixty (60) calendar days' notice to the Steward. There shall be an annual review of the
Steward's performance with the Water Operations Supervisor. The Steward shall, when
possible, give the City at least sixty (60) calendar days written notice if he/she desires to
be relieved of this assignment.
Article 53 Contracting Out Work
1. The City has the right to contract out any or all of the services currently being
performed by CCEA represented classifications or that could be performed by CCEA
represented classifications to any one or more public or private entities or individuals.
2. Prior to contracting out the services referenced in item number 1 above, the City
shall first satisfy its obligation to meet and confer with CCEA regarding both the
decision and effects of contracting out those services
3. CREATION OF A REQUEST FOR PROPOSAL ("RFP")
a. CCEA may appoint up to two (2) of its members to attend a meeting with City
staff responsible for the creation of an RFP for the purpose of providing input to
the City regarding the creation of the RFP for contracting out the services
referenced in item number 1 above. This first meeting shall occur prior to the
RFP being prepared by City staff.
b. After the draft RFP is completed by City staff, a copy ofthe RFP shall be
forwarded to the CCEA appointees by email and a subsequent meeting shall be
scheduled, which shall take place within seven (7) calendar days from the date the
RFP is received by the CCEA appointees. The purpose of the meeting is for
CCEA appointees to meet with the City staff responsible for preparing the RFP in
order to discuss the RFP and ask questions as necessary. Additional meetings
may be scheduled if mutually agreeable. Following conclusion of the meeting(s),
CCEA's appointees may provide written feedback/suggestions regarding the RFP
for the consideration of City staff prior to it being finalized and sent to any
potential contractors. CCEA's feedback/suggestions shall be forwarded to City
staff responsible for the creation of the RFP by email within seven (7) calendar
days from the date of conclusion of these meetings.
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c. Prior to distribution of the RFP to potential contractors, the City shall provide the
CCEA appointees with the final version of the RFP.
d. Neither CCEA nor its appointees shall have veto power over any City decision
related to the contents of an RFP or the RFP process.
e. Neither CCEA nor its appointees may use the appointees' involvement in the RFP
process to delay the RFP process
f. CCEA's appointees shall sign confidentiality agreements, as agreed to by the City
and CCEA, prior to receiving any information related to an RFP
4. MEET AND CONFER PROCESS
a. The City may send RFPs created following the procedure outlined in item number
3 above to potential contractors prior to engaging in the meet and confer process
with CCEA.
b. After the City receives responses to the RFP, the City Council or designee shall
determine whether to pursue contracting out of those services that are the subject
ofthe RFP.
c. In the event that the City Council or designee decides to pursue contracting out of
any or all of the services that are the subject of the RFP, the City's negotiating
team will make a proposal in yvriting to CCEA to contract out those services and
will provide a copy of the leading proposal to CCEA along with its proposal.
d. After reviewing the City's proposal, CCEA may request in writing to meet and
confer over the decision to contract out services and/or the effects of that decision
no later than fourteen (14) calendar days from the date of CCEA'sreceipt of the
City's proposal. The first meeting of the meet and confer process shall be
scheduled within fourteen (14) calendar days of CCEA's written request. If
CCEA requests to meet and confer over both the decision and effects, decision
and effects negotiations shall take place simultaneously. It is understood by the
parties that the meet and confer process is not required to be completed in one
single meeting.
e. The negotiations over the decision and/or effects shall be subject to combined
impasse procedures.
5. CITY COUNCIL DECISION
a. After the meet and confer process has concluded by either reaching agreement
or exhausting impasse procedures, the City Council will make its final
decision on whether to contract out those services subject to the RFP.
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Article 54 Pay for Performance Guidelines
This article replaces Administrative Order No. 13 of March 12, 1976 in its entirety.
Administrative Order No. 23 of October 11, 1979 in its entirety and Section 4.4 of the Personnel
Rules and Regulations.
L PURPOSE:
Pay for Performance at the City of Carlsbad is based on the concept of a supervisor providing
regular coaching/feedback to the employee. The purpose is to:
> create an environment that rewards high performers;
> link financial rewards to accomplishing City business objectives;
> create a consistent City-wide approach for managers to link performance and rewards; and
> create a meaningful/fair reward system.
IL BACKGROUND:
Consistent with the direction of the City Council, city staff and the Carlsbad City Employees'
Association (CCEA) have developed a compensation program that establishes competitive pay
through regular and consistent compensation surveys. The Human Resources Department will
maintain the highest possible number of benchmarks within the survey market and make
recommendations to City Council regarding maintaining competitive salary ranges. The
components of the compensation plan include:
> a performance management program based on the concepts of performance planning and
regular coaching/feedback;
> a market based salary structure; and
> a Pay for Performance reward system that includes merit increases* (base pay increases
and/or cash rewards for employees who are at the maximum of their salary range) based
on the demonstration of competencies and achievements.
* Eligibility for a merit pay increase is determined by an employee's performance and where
his/her salary is relative to the midpoint of his/her salary range. Eligible employees who are at
the salary range maximum receive a cash reward in lieu of a base pay increase.
III. GUIDANCE:
A. Annual Review Cycle
The Performance Management Cycle is aligned with the calendar year. Below is a summary of
the annual cycle.
53
/7
Council/CCEA
negotiate funding
for merit pool
Merit increases
delivered
HR determines base pay
matrix that complies with
approved merit pool funding
Supervisors conduct
year end reviews
Supervisors select
competencies and
define priorities
Supervisors conduct mid-year
reviews (after Dept. Director
approves mid-year ratings)
Supervisors submit proposed
year end performance ratings
to Department Director
Department Directors
calibrate and finalize
performance ratings
B. Performance Management
The performance management process consists of four important, interrelated steps.
Step 1- Performance Planning
Supervisors and employees will have an initial discussion to determine which functional
competencies will be used to evaluate the employee in the upcoming year. The supervisor
explains and sets performance level expectations. The supervisor and employee will also
establish specific priorities, contributions or development plans that are aligned with the
departmental and organizational strategic direction.
Step 2 - Performance Coaching and Feedback
Throughout the year, at least on a quarterly basis, the supervisor and employee review and
discuss the employee's work performance, including significant accomplishments and/or
shortfalls. Generally, these coaching and feedback sessions will be informal and may be initiated
by either the supervisor or employee. It will be the supervisor's responsibility to ensure these
discussions take place and are appropriately documented.
54
Step 3- Mid-Year Performance Review
Prior to the mid-year review meeting with the employee, the supervisor proposes mid-year
ratings for the employee based on the employee's demonstrated competencies and
accomplishments related to priorities. The Department Director reviews all proposed mid-year
ratings in his/her department and validates that Pay for Performance (P4P) guidelines are
followed consistently within his/her department.
The goal ofthe mid-year performance review is to encourage open communication between
supervisors and employees and ensure that there are "no surprises" during the annual
performance evaluation session at the end of the year. The supervisor and employee will assess
and discuss the employee's progress and the status of specific priorities. As organizational and
department directions and priorities shift throughout the year, this session also provides the
opportunity to re-evaluate and, if necessary, revise employee's priorities, achievement
expectations or development plans. The performance evaluation form, including mid-year
performance ratings will be submitted to Human Resources and included in the employee's
personnel file. The employee will be entitled to provide a yvritten rebuttal to any rating and
comments. However, only the final year end performance ratings will be used to determine
eligibility for merit pay increases. The final year end performance ratings may differ from mid-
year performance ratings.
Step 4- Year End Performance Review
Prior to the year-end review meeting with the employee, the supervisor proposes ratings for the
employee based on the employee's demonstrated competencies and accomplishments related to
priorities. The Department Director reviews all proposed ratings in his/her department and
works with Human Resources staff to validate that Pay for Performance (P4P) guidelines are
followed consistently within and across City departments.
Next, the supervisor meets with the employee. The employee will come to the year-end review
meeting with his/her own thoughts and notes as to how well he/she performed during the
evaluation period. The two-way discussion focuses on accomplishments, areas for groyvth and
improvement, job accountabilities and defined competencies. This meeting will also include the
performance planning for the upcoming year as outlined in Step 1 above.
C. Governance of the Plan
Human Resources will be responsible for the administration and maintenance of the performance
management system, including forms, guidelines and related policies subject to City Council
approval. Human Resources will periodically review the effectiveness of the performance
management system.
D. Major Roles and Responsibilities
City Council - The City Council is initially responsible for approving the pay for performance
management system and for annually approving the merit pool/funding amount in order to tie
rewards to performance.
55
Human Resources - The role of Human Resources will be to monitor the activities of the
process, ensure compliance with City processes and procedures, and ensure that the employee
receives a fair, accurate, and timely evaluation. This will be done by ensuring that appropriate
results-oriented goals and measures are established for the upcoming calendar year and by
reviewing proposed performance and development plans and evaluation forms for accuracy and
completeness.
Human Resources will track performance ratings over time to encourage accountability and
ensure that there is consistency among the distribution of performance ratings across
departments.
Human Resources will provide on-going guidance and training to supervisors regarding
conducting performance reviews and understanding the purpose and design ofthe pay for
performance system.
Human Resources uses data from all employee performance ratings and Council's authorized
funding amount to determine the percentages in the base pay matrix. Human Resources will
process merit increases for eligible employees.
Department Director - Department Directors will be responsible for reviewing performance
ratings within their departments to ensure that accurate evaluation ratings are given and that
supervisors are held responsible for effectively rating their staff. In the event of tumover of an
employee's supervisor, the Department Director will be responsible for ensuring that an
employee is equitably and adequately reviewed and rated.
Supervisor - The supervisor will carry out the steps in the performance management process in a
fair, accurate, consistent, and timely manner. This includes guiding the development of
performance plans, monitoring and recording employee accomplishments, providing timely
coaching and feedback, conducting accurate performance evaluations, and ensuring the
employee has the opportunity to participate in the process.
In the event that an employee has more than one supervisor during a rating period, each
supervisor will submit an assessment and the supervisors will mutually agree on a rating for the
review period. A newly assigned supervisor will not be responsible for reviewing a rating period
of less than three months.
Employee - The employee will actively contribute in the process of defining priorities and
performance measures, initiating coaching and feedback sessions as needed. Requests for
feedback by the employee shall be responded to within 14 calendar days of the request, although
actual feedback can be written or oral and can be provided more than 14 calendar days after the
request. Employees will complete a self-assessment prior to the year-end performance
evaluation, and will be prepared to contribute in the mid-year and end of year performance
evaluations.
56
E. Performance Management Components
Essential Functions
Essential functions are the job duties/tasks that an employee was hired to perform. These
functions are the permanent features of the employee's job. The essential functions are outlined
in the employee's job description. Essential ftinctions are job-based rather than employee-based.
At the beginning of the performance year, the employee's job description will be reviewed by the
supervisor and employee. Any significant changes in the qualifications or job tasks will be noted
and submitted to Human Resources. Essential functions will determine which functional
competencies may be appropriate for a specific position. At the end of the plan year, the
employee will be rated on their performance related to the essential functions of the job as
described in the job description.
Employees serving in out of class assignments will be reviewed in accordance with their regular
position unless the employee served out of class for more than one-half of the review period. In
that case, the employee will be reviewed based on their out of class assignment. If, at the outset
of the out of class assignment, it is anticipated that the employee will spend more than one-half
of the review period in that out of class assignment, the employee and supervisor shall have a
Performance Planning Meeting as described in Step 1 above.
Core and Functional Competencies
All employees will be reviewed and evaluated based on how well they can demonstrate specific
competencies. Competencies are essential to the success of each employee in their job. There
are two types of competencies: 1) Core - describes the required competencies for all employees
and 2) Functional - describes competencies specific to the essential functions of the job
performed by the employee.
All employees will be evaluated on the five core competencies and only two of the seven
functional competencies. Each year, during the Performance Planning step, the supervisor and
the employee will talk about which functional competencies are the most appropriate to use in
the upcoming year based on the employee's specific job, priorities and work plan. Each year, the
supervisor and the employee will select the two functional competencies that will be used to
evaluate the employee that year. If the employee does not agree with the two functional
competencies to be used, the employee will be allowed to select one functional competency and
the supervisor will choose the other.
Setting Priorities
Individual priorities indicate specific results to be achieved by an employee for the coming
review period. Priorities often change from year to year because they are intended to focus on a
significant outcome identified by the department. The City will support the employee in their
development and aim to create an environment of engagement, innovation and excellence.
Supervisors will determine three priorities for an employee and will link each priority to a core
or functional competency. Priorities must be related to a significant component of the
57
employee's job and the needs of the City and individual department or division. Supervisors will
communicate orally and in writing how each priority is linked to the mission of the
City/department and to the development of the employee.
Individual priority setting is to be done in light of organizational goals and departmental goals
and priorities. That is, goals are to cascade doyvn based on the City's strategic plan and
initiatives from senior management, to mid-level managers, to supervisors and to line employees.
A well-yvritten performance priority has these basic components:
> it is action oriented (e.g., includes phrases such as 'to make', 'to complete', 'to adjust');
> it includes a measurable indicator (e.g., quantity, rate, expense, quality, degree of accuracy,
timeliness);
> there are constraints, such as time limitations; and
> it follows the SMART criteria (see below).
Using S.M.A.R.T. Criteria
Specific
Priorities must express the action and results required so that both the
employee and supervisor can see clearly whether the priority has been
achieved. What is the achievement or result that is expected?
Measurable
When setting priorities, there must be some way of measuring and
verifying whether the priority has been achieved and to what level. How
will the employee and supervisor know if the objective has been met?
Achievable
Although they should provide challenge and development to the
individual, priorities also must be achieved. Is it reasonable that the
priority be achieved?
Relevant
The priorities must be relevant to the level at which the individual is at in
their career and to the workload of their particular area. Does the priority
contribute to the department, division, or overall organization's success?
Time-bound Priorities need to have clearly defined time periods. What is the
completion date of each milestone?
Rating Process and Criteria
The supervisor is responsible for rating the employee on all five core competencies, the two
selected functional competencies and the priorities, and for providing written narrative to explain
these ratings.
58
The rating system shoyvn below will be used in evaluating employee performance.
1. Unsatisfactory 2. Improvement
Needed 3. Competent 4. Commendable 5. Exemplary
Performance does Performance does Performance Performance Performance
not meet not consistently consistently meets exceeds significantly exceeds
requirements. meet requirements. all requirements. requirements and requirements.
Performance is Performance Employee is fiilly demonstrates the Employee has made
consistently and deficiencies are proficient and ability to handle contributions and
seriously such that adequately assignments of achievements well
inadequate. This improvement is demonstrates the greater complexity beyond those
employee must needed for the desired and responsibility. required by their
make immediate employee to competency This employee assigned
and sustained satisfactorily meet behaviors for the shows initiative and responsibilities. In
improvements. requirements. level of the job. seeks opportunities many cases,
to enhance their job performance
related skills and demonstrates new
competencies. areas of productivity
and innovation far
beyond position
requirements.
Employee Comments
Employees shall be advised that they are encouraged but not required to provide comments that
they would like documented for the evaluation period. Employee comments will be part ofthe
performance evaluation documentation.
Signatures
The employee's signature acknowledges that the performance evaluation has been reviewed and
discussed with them. This does not mean the employee agrees, or disagrees, with statements
made or contained therein. When the evaluation session is completed, the employee and
supervisor sign the form and appropriate levels of signatures are obtained:
• Immediate Supervisor
• Mid-level Manager (if applicable)
• Department Director
• Human Resources
Employee Outlets
Performance evaluations are not grievable. However, employees who disagree with their rating
may request a meeting with their Department Director. If after this meeting this matter is not
resolved, the employee may then request a meeting with the City Manager or his/her designee
59
and this meeting shall occur within 30 days at the employee's request. If the employee's
performance rating is changed as a result of this process, any resulting merit pay adjustment shall
be paid retroactively.
F. Linking Pay and Performance
Eligibility for a merit increase is determined by an employee's overall performance rating and
where his/her current salary is relative to the midpoint of their salary range.
Eligibility
Employees must receive an overall rating of "Competent" or better to be eligible for
performance-based merit increases. Those employees receiving an overall "Improvement
Needed" or an "Unsatisfactory" performance rating are not eligible for performance based merit
increases.
An employee whose salary is at their salary range maximum is not eligible for a base pay
increase. In lieu of a base pay increase, eligible employees will receive a cash reward that is paid
out in a lump sum equivalent to the amount of the base pay increase that they would have
received if they were not at the salary range maximum. An eligible employee whose salary is
close to their salary range maximum (such that the designated pay increase would cause their
salary to exceed the salary range maximum) will receive a base pay increase up to the salary
range maximum and will receive the remaining portion of the designated pay increase as a lump
sum cash reward as described above.
Base Pay Matrix
A base pay matrix will be used to reward performance. The City Council and CCEA negotiate a
contract, which determines the merit pool or budget for the annual CCEA pay increase. After all
of the performance reviews have been completed, merit increase percentages will be determined
by Human Resources based on the size of the Council approved base pay matrix funding,
distribution of all employees' performance ratings and distribution of employees in their salary
range (i.e. above or below the salary range midpoint). The goal is to assign merit increase
percentages that will use substantially all of the funding approved by the City Council for merit
increases for that performance cycle. An employee's overall performance rating (sum of
individual competency ratings) and position in the range put them in one ofthe cells "A," "B,"
"C," "D," "E," or "F" as shoyvn in the sample Base Pay Matrix below. Each employee's merit
increase is determined using the base pay matrix.
60
SAMPLE BASE PAY MATRIX
Overall Performance Rating
7-10 11-17 18-24 25-31 32-35
Salary Range Improvement
Placement Unsatisfactory Needed Competent Commendable Exemplary
At or above
salary range 0.0% 0.0% A% C% E%
midpoint
Below salary
range 0.0% 0.0% B% D% F%
midpoint
IV. PROCEDURES:
1. All employees will be reviewed at mid-year and at the end of the calendar year. After both
of these review meetings are completed, the performance evaluation form, including
performance ratings, will be submitted to Human Resources and be made a part of the
employee's personnel file.
2. The immediate supervisor most familiar with the employee's performance during the rating
period shall be the rater. If the employee has had more than one supervisor during the
evaluation period, the other supervisor(s) will be consulted and only one evaluation
form/overall rating will be submitted.
3. Electronic performance evaluations forms will be made available by the Human Resources
Department.
4. Ratings shall be based upon the competent performance of the full range of skills indicated
by the class specification covering the employee's position. In the event that the class
specification is not representative of the employee's current responsibilities, Human
Resources will be notified and asked to review and make recommendations. Deviations from
the class specification should be noted on the performance evaluation form.
5. Every eligible employee's performance evaluation is due to Human Resources by January
31. Any overdue evaluations will be reported to the Department Director and the City
Manager. Exceptions may be made for extenuating circumstances, such as employees out on
leaves of absence (see section 7). The Human Resources Department will review all of the
performance ratings and calculate the base pay salary increases and/or cash rewards to be
awarded for each rating level based on the base pay matrix funding established by the City
Council.
61
6. Merit increases shall be distributed within 30 calendar days of receiving the last performance
review or no later than the first full pay period in March. Merit increases will be effective
retroactive to the last day of the performance review cycle.
7. Employees are eligible for a base pay salary increase or cash reward if the following
requirements are met:
• the employee receives a rating of "Competent" or higher on his/her year-end performance
review;
• the employee has been in a CCEA position for a minimum of 6 months*; and
• the employee is active on payroll at the time that merit increases are processed in the
payroll system.
• Merit increases for employees hired into a CCEA position during the review cycle will be
prorated as follows:
Start Date Prorated
Merit Increase Percent
January 1- March 31 100%
April 1 - June 30 75%
July 1 - December 31 0%
8. Any non-probationary employee may be advanced in the pay range during the performance
review period regardless of the length of time served at the employee's present pay rate.
This advancement requires the yvritten recommendation of the employee's manager and the
approval of the employee's department head and City Manager.
9. Employees who were promoted during the performance cycle will receive a year end
performance-related pay increase based on their salary as of the last day of the performance
cycle.
10. Eligible employees who are in an out of class assignment will receive a merit increase
calculated using salary information from their regular position.
11. If, as a result of a salary range adjustment, an employee's base salary falls below the
minimum of the salary range, the employee's salary will be increased to the new range
minimum as of the date City Council approves the salary range adjustment.
12. An employee who is on a leave of absence during the year-end review process will meet with
his/her supervisor upon retum to work and complete a year-end review. If the employee was
on a leave of absence (other than a statutorily protected leave of absence) for a portion of the
review period he/she will be eligible for a prorated merit increase for that review period
according to the following schedule:
62
Length of leave* Percent of merit increase eligible
< 91 calendar days 100%
91-180 calendar days 75%
> 180 calendar days 0%
*not inclusive of statutory leave time
13. Employees who terminate employment after the last day of the review cycle will not be
eligible for merit increases.
V. COMPENSATION PLAN:
The key element of the CCEA employee pay for performance program is the base pay structure.
Covering all CCEA jobs, the base pay stmcture reflects competitive pay levels for jobs assigned
to each pay grade and provides the basis for equitable pay decisions.
The CCEA Salary Schedule contains multiple salary ranges. Each salary range has a minimum,
midpoint and maximum. Employees who are inexperienced or newly hired may be paid below
the midpoint of the salary grade.
In keeping with the City Council's philosophy of surveying the total compensation of local
agencies, the agencies listed below will be considered in the survey market for CCEA.
• City of Chula Vista
• City of Coronado
• City of Del Mar
• City of El Cajon
• City of Encinitas
• City of Escondido
• City of Imperial Beach
• City of La Mesa
• City of National City
• City of Oceanside
• City of Poway
• City of San Marcos
• City of Solana Beach
• City of San Diego
• City of Santee
• City of Vista
• County of San Diego
The Human Resources Department will annually compare salary and benefits information on
each City of Carlsbad benchmark classification with appropriate classifications in the comparator
group. Those classifications that are considered benchmarks are those in which there was a
substantial match between the competencies and duties required for jobs at the City of Carlsbad
and those for the comparator group. A benchmark requires a minimum of three comparators.
The job matching is conducted by the Human Resources Department. From time to time the
63
City Council may also request that private sector salary and benefits data be reviewed and
compared to benchmark positions at the City of Carlsbad.
Each City of Carlsbad job classification is assigned to a specific salary range. The non-
benchmark positions are assigned to the salary stmcture based on intemal relationships,
responsibility and/or knowledge, skills and abilities of jobs. The benchmark salary data will be
surveyed annually and the benchmark comparisons will be modified when the classifications
change within the organization.
Human Resources will provide the CCEA with supporting data for all salary range evaluations
and adjustments.
Periodically the Human Resources Department will bring forth salary range movement
recommendations to City Council that are based on market and economic conditions, and may
include one or more salary ranges. CCEA and the City agree that the City will negotiate salary
range movements.
VL TRAINING
In an effort to support the organization during the transition to this new system, an extensive
training program will be designed to enhance the evaluation and feedback skills of supervisors.
Skills training will include:
• Performance Planning - Competencies
• Conducting Performance Evaluations
• Coaching, Counseling and Feedback
• Compensation Administration
• Performance Planning - Goal Setting
These training sessions will occur prior to the Performance Management phase in which these
skills will be applied. After the initial training, the Human Resources Department will offer
periodic review sessions for CCEA and Management employees to reinforce managerial and
supervisory skills and to train employees. CCEA employees will be provided with materials and
information seminars during work hours to be provided by the City to help them understand the
Pay for Performance System.
VII. GLOSSARY
1. Base Pay increase - A prospective pay increase to an employee's base salary, as calculated to
exclude any additional pays.
2. Base pay matrix - Matrix that determines the base pay increases and cash rewards to be
given to eligible employees.
3. Cash reward -A one-time "lump sum" payment equivalent to the amount of the base pay
increase that an employee would have received if he/she were not at the salary range
maximum.
4. Merit increase - Either a base pay increase or cash reward as determined by the base pay
matrix.
5. Survey market - List of Council approved agencies to be used when reviewing market
competitiveness.
64
IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized
representative to execute the Memorandum of Understanding the day, month, and year noted
below.
City of Carlsbad
JOHN COATES, City Manager Date
Approved as to form:
65
:EEl7tBREWER, City Attomey Date
Carlsbad City Employees' Association
PAMELA DREW. President, CCEA Date
Attachment A
SALARY SCHEDULE - GENERAL EMPLOYEES
Approved June 18, 2013, Retroactive to February 18, 2013
CLASSIFICATION RANGE CLASSIFICATION RANGE
INSPECTOR I 55
ACCOUNT CLERK I 17 INSPECTOR II 70
ACCOUNT CLERK II 25 JUNIOR ENGINEER 68
ACCOUNTANT 68 JUNIOR PLANNER 50
ACCOUNTING SUPERVISOR 54 JUVENILE JUSTICE PROGRAM COORD. 58
ACCOUNTING TECHNICIAN 40 LEAD EQUIPMENT TECHNICIAN 61
ADMINISTRATIVE SECRETARY 42 LEAD LIBRARIAN 63
APPLICATIONS ANALYST 94 LEGAL ASSISTANT 56
APPLICATIONS ASSOCIATE ANALYST 75 LEGAL SECRETARY 49
AQUATICS SPECIALIST 49 LIBRARIAN 55
ASSISTANT ENGINEER 82 LIBRARIAN Y-RATED* 55Y
ASSISTANT PLANNER 64 LIBRARY ASSISTANT I 26
ASSISTANT TO THE TREASURER 73 LIBRARY ASSISTANT II 37
ASSOCIATE CONTRACT ADMINISTRATOR 52 LIBRARY CLERK I 3
ASSOCIATE ENGINEER 98 LIBRARY CLERK II 6
ASSOCIATE PLANNER 78 LIBRARY MEDIA&GRAPHICS SUPERVISOR 58
BUILDING INSPECTOR I 55 MAINTENANCE AIDE 10
BUILDING INSPECTOR II 70 MAINTENANCE WORKER I 14
BUILDING MAINTENANCE WORKER I 29 MAIL CLERK/MESSENGER 1
BUILDING MAINTENANCE WORKER II 41 METER SERVICES WORKER I 1
BUILDING TECHNICIAN II 50 METER SERVICES WORKER II 33
BUSINESS INTELLIGENCE ANALYST 84 METER SERVICES WORKER III 46
BUSINESS SYSTEMS ASSOCIATE 70 NETWORK ENGINEER 87
BUSINESS SYSTEMS SPECIALIST 84 NETWORK OPERATOR 70
BUYER/CONTRACT ADMINISTRATOR 63 OFFICE SPECIALIST I 5
CLIENT SYSTEMS ADMINISTRATOR 87 OFFICE SPECIALIST II 11
CLIENT SYSTEMS ASSOC. ADMINISTRATOR 51 OPERATIONS/MAINTENANCE STOREKEEPER 43
CIRCULATION SUPERVISOR 37 PARK MAINTENANCE SPECIALIST 41
CODE COMPLIANCE SPECIALIST I 43 PARK MAINTENANCE WORKER II 28
CODE COMPLIANCE SPECIALIST II 55 PARK MAINTENANCE WORKER III 46
COMMUNITY OUTREACH SUPERVISOR 58 PARK PLANNER 85
CRIME PREVENTION SPECIALIST 44 PLANNING TECHNICIAN I 35
CROSS CONNECTION CONTROL TECHNICIAN 56 PLANNING TECHNICIAN II 50
CUSTODIAN 6 POLICE RECORDS SPECIALIST I 17
CUSTODIAN II 16 POLICE RECORDS SPECIALIST II 22
DEPUTY CITY CLERK/TECHNICIAN 39 PRODUCTION TECHNICIAN 39
ELECTRICIAN 41 RECORDS MANAGEMENT SUPERVISOR 56
ENGINEERING TECHNICIAN I 45 RECREATION ASSISTANT 10
ENGINEERING TECHNICIAN II 57 RECREATION SPECIALIST 29
ENVIRONMENTAL SPECIALIST I 52 RECREATION SUPERVISOR 54
ENVIRONMENTAL SPECIALIST II 69 SANITATION SYSTEMS OPERATOR I 24
EQUIPMENT SERVICE WORKER 18 SANITATION SYSTEMS OPERATOR II 46
EQUIPMENT TECHNICIAN I 34 SANITATION SYSTEMS OPERATOR III 56
EQUIPMENT TECHNICIAN II 51 SECRETARY 34
GIS ADMINISTRATOR 109 SENIOR APPLICATIONS ANALYST 109
GIS ANALYST 84 .SENIOR BUILDING INSPECTOR 85
GIS ASSOCIATE ANALYST 70 SENIOR BUILDING MAINTENANCE WORKER 51
GIS TECHNICIAN 60 SENIOR BUSINESS SYSTEMS SPECIALIST 99
GRAPHIC ARTIST 45 SENIOR CIRCULATION SUPERVISOR 50
HOUSING ASSISTANT 20 SENIOR CONSTRUCTION INSPECTOR 85
HOUSING SPECIALIST I 46 SENIOR CONTRACT ADMINISTRATOR 79
HOUSING SPECIALIST II 61 SENIOR CROSS CONN. CONTROL TECH. 66
HUMAN RESOURCES TECHNICIAN 52
*Employees in the Librarian Classification as of 6/18/13 who were hired prior to 1/1/10 have salaries that are y-
rated in the salary range 55Y.
CLASSIFICATION RANGE
SENIOR DATABASE ADMINISTRATOR 113
SENIOR ELECTRICIAN 51
SENIOR ENVIRONMENTAL SPECIALIST 84
SENIOR LIBRARIAN 73
SENIOR NETWORK ENGINEER 113
SENIOR OFFICE SPECIALIST 22
SENIOR PLANNER 91
SENIOR STORM DRAIN MAINT. WORKER 4 8
SENIOR WEB ENGINEER 113
SITE MANAGER 4
STOREKEEPER 18
STORM DRAIN MAINTENANCE WORKER 34
STREET MAINTENANCE WORKER II 28
STREET MAINTENANCE WORKER III 4 6
TECHNICIAN I 35
TREE TRIMMER I 20
TREE TRIMMER II 32
TREE TRIMMER LEADWORKER 46
TRAFFIC SYSTEMS OPS SPECIALIST 80
TRAINING COORDINATOR 49
UTILITY MAINTENANCE WORKER III 45
UTILITY WORKER I 24
UTILITY WORKER II 4 0
UTILITY WORKER III 50
VALVE MAINTENANCE WORKER 4 5
WASTE WATER UTILITY WORKER I 24
WASTE WATER UTILITY WORKER II 4 0
WASTE WATER UTILITY WORKER III 50
WAREHOUSE TECHNICIAN 43
WATER CONSERVATION SPECIALIST 4 0
WATER SYSTEMS OPERATOR I 34
WATER SYSTEMS OPERATOR II 54
WATER SYSTEMS OPERATOR III 64
ATTACHMENT AI
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Approved 6/18/2013; Retroactive to 2/18/2013
STEP 6 STEP 7
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
1 $1 ,186.87 $ 1 ,246.23 $ 1 ,308.53 $ 1,373.95 $ 1,442.64 1 $1,514.77 $1,552.64
2 $1 ,198.73 $ 1 ,258.68 $ 1 ,321.61 $ 1,387.72 $ 1,457.08 2 $1,529.93 $1,568.18
3 $1 ,210.73 $ 1 ,271.25 $ 1 ,334.82 $ 1,401.57 $1,471.65 3 $1,545.24 $1,583.87
4 $1 ,222.83 $ 1 ,283.98 $ 1 ,348.19 $ 1,415.62 $ 1,486.37 4 $1,560.69 $1,599.70
5 $1 ,235.07 $ 1 ,296.83 $ 1 ,361.65 $ 1,429.75 $1,501.23 5 $1,576.29 $1,615.70
6 $1 ,247.40 $ 1 ,309.78 $ 1 ,375.26 $ 1,444.02 $1,516.27 6 $1,592.09 $1,631.89
7 $1 ,259.89 $1 ,322.90 $1 ,389.02 $ 1,458.49 $1,531.41 7 $1,607.98 $1,648.19
8 $1 ,272.49 $ 1 ,336.12 $ 1 ,402.91 $ 1,473.06 $ 1,546.73 8 $1,624.06 $1,664.67
9 $1 ,285.22 $ 1 ,349.48 $ 1 ,416.94 $ 1,487.77 $ 1,562.19 9 $1,640.30 $1,681.30
10 $1 ,298.09 $ 1 ,362.98 $ 1 ,431.11 $ 1,502.68 $ 1,577.80 10 $1,656.68 $1,698.10
11 $1 ,311.04 $1 ,376.58 $ 1 ,445.44 $ 1,517.71 $ 1,593.56 11 $1,673.25 $1,715.07
12 $1 ,324.15 $ 1 ,390.37 $ 1 ,459.89 $ 1,532.88 $ 1,609.52 12 $1,689.99 $1,732.24
13 $1 ,337.40 $ 1 ,404.26 $ 1 ,474.49 $ 1,548.21 $ 1,625.62 13 $1,706.90 $1,749.57
14 $1 ,350.78 $ 1 ,418.31 $ 1 ,489.22 $ 1,563.67 $1,641.85 14 $1,723.94 $1,767.04
15 $1 ,364.28 $ 1 ,432.48 $ 1 ,504.13 $ 1,579.32 $1,658.29 15 $1,741.20 $1,784.73
16 $1 ,377.91 $ 1 ,446.83 $ 1 ,519.16 $ 1,595.12 $ 1,674.87 16 $1,758.61 $1,802.57
17 $1 ,391.73 $ 1 ,461.28 $ 1 ,534.34 $ 1,611.06 $1,691.64 17 $1,776.22 $1,820.63
18 $1 405.63 $ 1 ,475.90 $ 1 ,549.69 $ 1,627.18 $ 1,708.53 18 $1,793.96 $1,838.81
19 $1 419.67 $ 1 ,490.66 $1 ,565.18 $ 1,643.43 $ 1,725.64 19 $1,811.92 $1,857.22
20 $1 433.89 $ 1 ,505.56 $ 1 ,580.82 $ 1,659.90 $ 1,742.88 20 $1,830.03 $1,875.78
21 $1 448.22 $ 1 ,520.61 $ 1 ,596.66 $ 1,676.47 $ 1,760.31 21 $1,848.32 $1,894.53
22 $1 462.67 $ 1 ,535.83 $ 1 ,612.60 $ 1,693.23 $ 1,777.91 22 $1,866.81 $1,913.48
23 $1 477.32 $ 1 ,551.21 $ 1 628.74 $ 1,710.19 $ 1,795.70 23 $1,885.49 $1,932.62
24 $1 492.10 $ 1 566.69 $ 1 645.03 $ 1,727.27 $1,813.65 24 $1,904.34 $1,951.94
25 $1 507.01 $ 1 582.37 $ 1 661.46 $ 1,744.54 $1,831.79 25 $1,923.38 $1,971.46
26 $1 522.08 $ 1 598.20 $ 1 678.10 $ 1,762.00 $ 1,850.11 26 $1,942.61 $1,991.18
27 $1 537.30 $ 1 614.19 $ 1 694.89 $ 1,779.59 $ 1,868.60 27 $1,962.03 $2,011.08
28 $1 552.68 $ 1 630.33 $ 1 711.81 $ 1,797.42 $ 1,887.32 28 $1,981.69 $2,031.23
29 $1 568.20 $ 1 646.62 $ 1 728.97 $ 1,815.38 $ 1,906.14 29 $2,001.44 $2,051.48
30 $1 583.86 $ 1 663.08 $ 1 746.23 $ 1,833.55 $ 1,925.22 30 $2,021.49 $2,072.03
31 $1 599.73 $ 1 679.71 $ 1 763.70 $ 1,851.88 $ 1,944.48 31 $2,041.70 $2,092.74
32 $1 615.72 $ 1 696.50 $ 1 781.32 $ 1,870.40 $ 1,963.90 32 $2,062.10 $2,113.65
33 $1 631.87 $ 1 713.45 $ 1 799.13 $ 1,889.10 $ 1,983.56 33 $2,082.74 $2,134.81
34 $1 648.21 $ 1 730.63 $ 1 817.12 $ 1,908.00 $2,003.40 34 $2,103.57 $2,156.16
35 $1 664.69 $ 1 747.92 $ 1 835.33 $ 1,927.06 $ 2,023.44 35 $2,124.61 $2,177.73
36 $1 681.31 $ 1 765.40 $ 1 853.64 $ 1,946.34 $ 2,043.66 36 $2,145.85 $2,199.49
37 $1 698.15 $ 1 783.04 $ 1 872.19 $ 1,965.81 $2,064.09 37 $2,167.30 $2,221.47
38 $1 715.09 $ 1 800.86 $ 1 890.89 $ 1,985.48. $ 2,084.74 38 $2,188.98 $2,243.70
39 $1 732.24 $ 1 818.87 $ 1 909.83 $ 2,005.32 $2,105.59 39 $2,210.86 $2,266.13
40 $1 749.61 $ 1 837.09 $ 1 928.93 $ 2,025.35 $2,126.65 40 $2,232.99 $2,288.81
ATTACHMENT Al
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Approved 6/18/2013; Retroactive to 2/18/2013
STEP 6 STEP 7
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
41 $1,767.12 $ 1,855.42 $ 1,948.23 $ 2,045.62 $2,147.90 41 $2,255.30 $2,311.68
42 $1,784.75 $ 1,874.02 $ 1,967.70 $ 2,066.09 $2,169.37 42 $2,277.83 $2,334.78
43 $1,802.61 $ 1,892.73 $ 1,987.36 $ 2,086.76 $2,191.08 43 $2,300.63 $2,358.14
44 $1,820.64 $ 1,911.67 $ 2,007.24 $2,107.63 $2,212.97 44 $2,323.62 $2,381.71
45 $1,838.85 $ 1,930.76 $ 2,027.33 $2,128.70 $2,235.13 45 $2,346.89 $2,405.55
46 $1,857.24 $ 1,950.10 $ 2,047.61 $2,149.96 $2,257.47 46 $2,370.35 $2,429.61
47 $1,875.81 $ 1,969.59 $ 2,068.09 $2,171.47 $2,280.05 47 $2,394.05 $2,453.90
48 $1,894.55 $ 1,989.30 $ 2,088.75 $2,193.18 $2,302.86 48 $2,418.01 $2,478.46
49 $1,913.52 $ 2,009.20 $2,109.65 $2,215.13 $2,325.86 49 $2,442.16 $2,503.22
50 $1,932.65 $ 2,029.29 $ 2,130.75 $ 2,237.26 $2,349.14 50 $2,466.60 $2,528.27
51 $1,951.96 $ 2,049.57 $ 2,152.05 $ 2,259.66 $2,372.62 51 $2,491.25 $2,553.53
52 $1,971.48 $ 2,070.05 $ 2,173.57 $ 2,282.24 $2,396.35 52 $2,516.17 $2,579.07
53 $1,991.20 $ 2,090.75 $2,195.32 $2,305.05 $2,420.31 53 $2,541.33 $2,604.86
54 $2,011.12 $ 2,111.69 $2,217.24 $2,328.12 $ 2,444.52 54 $2,566.75 $2,630.92
55 $2,031.21 $ 2,132.78 $ 2,239.44 $2,351.40 $2,468.96 55 $2,592.41 $2,657.21
55Y N/A N/A N/A N/A $2,543.80 55Y $2,671.00 N/A
56 $2,051.53 $2,154.13 $2,261.80 $ 2,374.92 $2,493.66 56 $2,618.34 $2,683.80
57 $2,072.07 $2,175.66 $ 2,284.44 $ 2,398.66 $2,518.59 57 $2,644.51 $2,710.63
58 $2,092.76 $ 2,197.41 $ 2,307.27 $ 2,422.64 $2,543.80 58 $2,671.00 $2,737.77
59 $2,113.71 $2,219.38 $ 2,330.35 $ 2,446.89 $ 2,569.22 59 $2,697.68 $2,765.13
60 $2,134.83 $ 2,241.58 $ 2,353.66 $2,471.36 $2,594.91 60 $2,724.66 $2,792.77
61 $2,156.19 $ 2,263.99 $ 2,377.20 $ 2,496.06 $ 2,620.86 61 $2,751.90 $2,820.70
62 $2,177.75 $ 2,286.63 $2,401.00 $2,521.03 $ 2,647.07 62 $2,779.42 $2,848.91
63 $2,199.51 $ 2,309.49 $ 2,424.99 $ 2,546.22 $ 2,673.54 63 $2,807.21 $2,877.40
64 $2,221.53 $ 2,332.59 $ 2,449.23 $2,571.69 $2,700.26 64 $2,835.27 $2,906.16
65 $2,243.74 $ 2,355.91 $ 2,473.71 $ 2,597.40 $2,727.26 65 $2,863.63 $2,935.22
66 $2,266.15 $ 2,379.48 $ 2,498.46 $ 2,623.38 $ 2,754.54 66 $2,892.27 $2,964.58
67 $2,288.84 $ 2,403.28 $ 2,523.44 $ 2,649.61 $2,782.08 67 $2,921.18 $2,994.21
68 $2,311.69 $ 2,427.31 $ 2,548.67 $ 2,676.07 $2,809.90 68 $2,950.39 $3,024.15
69 $2,334.85 $ 2,451.58 $ 2,574.15 $ 2,702.88 $2,838.02 69 $2,979.92 $3,054.42
70 $2,358.19 $ 2,476.09 $ 2,599.91 $ 2,729.93 $2,866.39 70 $3,009.71 $3,084.95
71 $2,381.76 $ 2,500.84 $ 2,625.90 $2,757.21 $2,895.05 71 $3,039.81 $3,115.80
72 $2,405.59 $ 2,525.86 $ 2,652.17 $ 2,784.78 $2,924.02 72 $3,070.21 $3,146.97
73 $2,429.65 $ 2,551.11 $ 2,678.70 $2,812.59 $2,953.26 73 $3,100.92 $3,178.45
74 $2,453.91 $ 2,576.62 $ 2,705.47 $ 2,840.76 $2,982.79 74 $3,131.93 $3,210.23
75 $2,478.49 $ 2,602.41 $ 2,732.53 $2,869.14 $3,012.60 75 $3,163.22 $3,242.31
76 $2,503.24 $ 2,628.42 $ 2,759.83 $ 2,897.82 $ 3,042.74 76 $3,194.88 $3,274.76
77 $2,528.29 $ 2,654.72 $ 2,787.44 $ 2,926.84 $3,073.18 77 $3,226.84 $3,307.51
78 $2,553.56 $ 2,681.27 $ 2,815.34 $ 2,956.09 $3,103.91 78 $3,259.11 $3,340.58
79 $2,579.12 $ 2,708.10 $ 2,843.45 $ 2,985.64 $3,134.93 79 $3,291.67 $3,373.97
ATTACHMENT A\
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Approved 6/18/2013; Retroactive to 2/18/2013
STEP 6 STEP 7
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
80 $2,604.91 $ 2,735.15 $2,871.94 $3,015.53 $3,166.28 80 $3,324.59 $3,407.70
81 $2,630.95 $ 2,762.52 $ 2,900.66 $ 3,045.68 $3,197.96 81 $3,357.86 $3,441.81
82 $2,657.28 $ 2,790.14 $ 2,929.61 $ 3,076.13 $3,229.93 82 $3,391.42 $3,476.21
83 $2,683.85 $ 2,818.04 $ 2,958.96 $3,106.89 $ 3,262.22 83 $3,425.33 $3,510.96
84 $2,710.66 $ 2,846.21 $ 2,988.55 $3,137.95 $ 3,294.84 84 $3,459.57 $3,546.06
85 $2,737.77 $ 2,874.68 $ 3,018.40 $3,169.33 $ 3,327.82 85 $3,494.20 $3,581.56
86 $2,765.16 $ 2,903.43 $ 3,048.60 $3,201.02 $3,361.05 86 $3,529.11 $3,617.34
87 $2,792.80 $ 2,932.45 $ 3,079.11 $ 3,233.05 $3,394.68 87 $3,564.42 $3,653.53
88 $2,820.74 $2,961.78 $ 3,109.85 $ 3,265.35 $ 3,428.65 88 $3,600.09 $3,690.09
89 $2,848.95 $2,991.38 $ 3,140.96 $ 3,297.99 $ 3,462.93 89 $3,636.08 $3,726.97
90 $2,877.44 $ 3,021.29 $ 3,172.35 $3,331.01 $ 3,497.54 90 $3,672.41 $3,764.23
91 $2,906.23 $ 3,051.54 $ 3,204.10 $ 3,364.31 $ 3,532.50 91 $3,709.12 $3,801.85
92 $2,935.25 $ 3,082.02 $ 3,236.14 $ 3,397.96 $ 3,567.85 92 $3,746.24 $3,839.90
93 $2,964.64 $ 3,112.86 $ 3,268.52 $3,431.94 $ 3,603.53 93 $3,783.71 $3,878.30
94 $2,994.27 $ 3,143.98 $ 3,301.19 $ 3,466.23 $ 3,639.57 94 $3,821.55 $3,917.09
95 $3,024.19 $ 3,175.42 $ 3,334.21 $ 3,500.91 $3,675.97 95 $3,859.77 $3,956.26
96 $3,054.43 $ 3,207.20 $ 3,367.55 $ 3,535.92 $3,712.71 96 $3,898.34 $3,995.80
97 $3,084.99 $ 3,239.25 $ 3,401.21 $3,571.28 $ 3,749.83 97 $3,937.32 $4,035.76
98 $3,115.85 $ 3,271.65 $ 3,435.21 $ 3,606.99 $ 3,787.34 98 $3,976.71 $4,076.12
99 $3,147.01 $ 3,304.37 $ 3,469.58 $ 3,643.06 $ 3,825.22 99 $4,016.49 $4,116.90
100 $3,178.47 $ 3,337.43 $ 3,504.26 $ 3,679.50 $ 3,863.46 100 $4,056.63 $4,158.05
101 $3,210.25 $ 3,370.78 $ 3,539.33 $3,716.29 $3,902.10 101 $4,097.21 $4,199.64
102 $3,242.37 $ 3,404.49 $ 3,574.74 $ 3,753.44 $3,941.13 102 $4,138.19 $4,241.64
103 $3,274.79 $ 3,438.53 $ 3,610.46 $ 3,790.99 $ 3,980.52 103 $4,179.54 $4,284.04
104 $3,307.56 $ 3,472.91 $ 3,646.56 $ 3,828.89 $4,020.35 104 $4,221.36 $4,326.90
105 $3,340.62 $ 3,507.67 $ 3,683.04 $ 3,867.17 $4,060.53 105 $4,263.55 $4,370.14
106 $3,374.03 $ 3,542.74 $ 3,719.86 $ 3,905.85 $4,101.15 106 $4,306.21 $4,413.87
107 $3,407.78 $ 3,578.14 $ 3,757.09 $ 3,944.93 $4,142.18 107 $4,349.29 $4,458.03
108 $3,441.84 $ 3,613.94 $ 3,794.64 $ 3,984.35 $4,183.57 108 $4,392.75 $4,502.57
109 $3,476.25 $ 3,650.07 $ 3,832.57 $4,024.21 $4,225.42 109 $4,436.69 $4,547.61
110 $3,511.02 $ 3,686.57 $ 3,870.90 $ 4,064.44 $4,267.65 110 $4,481.04 $4,593.06
111 $3,546.11 $ 3,723.43 $ 3,909.61 $4,105.09 $4,310.33 111 $4,525.85 $4,639.00
112 $3,581.58 $ 3,760.67 $ 3,948.70 $4,146.14 $4,353.43 112 $4,571.10 $4,685.38
113 $3,617.39 $ 3,798.27 $ 3,988.18 $4,187.62 $4,396.97 113 $4,616.82 $4,732.24
ATTACHMENT A2
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Effective 1/1/2014
RANGE MINIMUM MID-POINT MAXIMUM
1 $ 1,186.87 $ 1,369.76 $1,552.64
2 $ 1,198.73 $ 1,383.46 $1,568.18
3 $ 1,210.73 $ 1,397.30 $1,583.87
4 $ 1,222.83 $ 1,411.27 $1,599.70
5 $ 1,235.07 $ 1,425.39 $1,615.70
6 $ 1,247.40 $ 1,439.65 $1,631.89
7 $ 1,259.89 $ 1,454.04 $1,648.19
8 $ 1,272.49 $ 1,468.58 $1,664.67
9 $ 1,285.22 $ 1,483.26 $1,681.30
10 $ 1,298.09 $ 1,498.10 $1,698.10
11 $ 1,311.04 $ 1,513.06 $1,715.07
12 $ 1,324.15 $ 1,528.20 $1,732.24
13 $ 1,337.40 $ 1,543.49 $1,749.57
14 $ 1,350.78 $ 1,558.91 $1,767.04
15 $ 1,364.28 $ 1,574.51 $1,784.73
16 $ 1,377.91 $ 1,590.24 $1,802.57
17 $ 1,391.73 $ 1,606.18 $1,820.63
18 $ 1,405.63 $ 1,622.22 $1,838.81
19 $ 1,419.67 $ 1,638.45 $1,857.22
20 $ 1,433.89 $ 1,654.84 $1,875.78
21 $ 1,448.22 $ 1,671.38 $1,894.53
22 $ 1,462.67 $ 1,688.08 $1,913.48
23 $ 1,477.32 $ 1,704.97 $1,932.62
24 $ 1,492.10 $ 1,722.02 $1,951.94
25 $ 1,507.01 $ 1,739.24 $1,971.46
26 $ 1,522.08 $ 1,756.63 $1,991.18
27 $ 1,537.30 $ 1,774.19 $2,011.08
28 $ 1,552.68 $ 1,791.96 $2,031.23
29 $ 1,568.20 $ 1,809.84 $2,051.48
30 $ 1,583.86 $ 1,827.95 $2,072.03
31 $ 1,599.73 $ 1,846.24 $2,092.74
32 $ 1,615.72 $ 1,864.69 $2,113.65
33 $ 1,631.87 $ 1,883.34 $2,134.81
34 $ 1,648.21 $ 1,902.19 $2,156.16
35 $ 1,664.69 $ 1,921.21 $2,177.73
36 $ 1,681.31 $ 1,940.40 $2,199.49
37 $ 1,698.15 $ 1,959.81 $2,221.47
38 $ 1,715.09 $ 1,979.40 $2,243.70
39 $ 1,732.24 $ 1,999.19 $2,266.13
40 $ 1,749.61 $ 2,019.21 $2,288.81
ATTACHMENT A2
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Effective 1/1/2014
RANGE MINIMUM MID-POINT MAXIMUM
41 $ 1,767.12 $ 2,039.40 $2,311.68
42 $ 1,784.75 $ 2,059.77 $2,334.78
43 $ 1,802.61 $ 2,080.38 $2,358.14
44 $ 1,820.64 $ 2,101.18 $2,381.71
45 $ 1,838.85 $ 2,122.20 $2,405.55
46 $ 1,857.24 $ 2,143.43 $2,429.61
47 $ 1,875.81 $ 2,164.86 $2,453.90
48 $ 1,894.55 $ 2,186.51 $2,478.46
49 $ 1,913.52 $ 2,208.37 $2,503.22
50 $ 1,932.65 $ 2,230.46 $2,528.27
51 $ 1,951.96 $ 2,252.75 $2,553.53
52 $ 1,971.48 $ 2,275.28 $2,579.07
53 $ 1,991.20 $ 2,298.03 $2,604.86
54 $ 2,011.12 $ 2,321.02 $2,630.92
55 $ 2,031.21 $ 2,344.21 $2,657.21
55Y $ 2,543.80 N/A $2,671.00
56 $ 2,051.53 $ 2,367.67 $2,683.80
57 $ 2,072.07 $ 2,391.35 $2,710.63
58 $ 2,092.76 $ 2,415.27 $2,737.77
59 $ 2,113.71 $ 2,439.42 $2,765.13
60 $ 2,134.83 $ 2,463.80 $2,792.77
61 $ 2,156.19 $ 2,488.45 $2,820.70
62 $ 2,177.75 $ 2,513.33 $2,848.91
63 $ 2,199.51 $ 2,538.46 $2,877.40
64 $ 2,221.53 $ 2,563.85 $2,906.16
65 $ 2,243.74 $ 2,589.48 $2,935.22
66 $ 2,266.15 $ 2,615.37 $2,964.58
67 $ 2,288.84 $ 2,641.53 $2,994.21
68 $ 2,311.69 $ 2,667.92 $3,024.15
69 $ 2,334.85 $ 2,694.64 $3,054.42
70 $ 2,358.19 $ 2,721.57 $3,084.95
71 $ 2,381.76 $ 2,748.78 $3,115.80
72 $ 2,405.59 $ 2,776.28 $3,146.97
73 $ 2,429.65 $ 2,804.05 $3,178.45
74 $ 2,453.91 $ 2,832.07 $3,210.23
75 $ 2,478.49 $ 2,860.40 $3,242.31
76 $ 2,503.24 $ 2,889.00 $3,274.76
77 $ 2,528.29 $ 2,917.90 $3,307.51
78 $ 2,553.56 $ 2,947.07 $3,340.58
79 $ 2,579.12 $ 2,976.55 $3,373.97
80 $ 2,604.91 $ 3,006.31 $3,407.70
ATTACHMENT A2
THE CITY OF CARLSBAD
GENERAL EMPLOYEE BIWEEKLY SALARY SCHEDULE
Effective 1/1/2014
RANGE MINIMUM MID-POINT MAXIMUM
81 $ 2,630.95 $ 3,036.38 $3,441.81
82 $ 2,657.28 $ 3,066.75 $3,476.21
83 $ 2,683.85 $ 3,097.41 $3,510.96
84 $ 2,710.66 $ 3,128.36 $3,546.06
85 $ 2,737.77 $ 3,159.67 $3,581.56
86 $ 2,765.16 $ 3,191.25 $3,617.34
87 $ 2,792.80 $ 3,223.17 $3,653.53
88 $ 2,820.74 $ 3,255.42 $3,690.09
89 $ 2,848.95 $ 3,287.96 $3,726.97
90 $ 2,877.44 $ 3,320.84 $3,764.23
91 $ 2,906.23 $ 3,354.04 $3,801.85
92 $ 2,935.25 $ 3,387.58 $3,839.90
93 $ 2,964.64 $ 3,421.47 $3,878.30
94 $ 2,994.27 $ 3,455.68 $3,917.09
95 $ 3,024.19 $ 3,490.23 $3,956.26
96 $ 3,054.43 $ 3,525.12 $3,995.80
97 $ 3,084.99 $ 3,560.38 $4,035.76
98 $ 3,115.85 $ 3,595.99 $4,076.12
99 $ 3,147.01 $ 3,631.96 $4,116.90
100 $ 3,178.47 $ 3,668.26 $4,158.05
101 $ 3,210.25 $ 3,704.95 $4,199.64
102 $ 3,242.37 $ 3,742.01 $4,241.64
103 $ 3,274.79 $ 3,779.42 $4,284.04
104 $ 3,307.56 $ 3,817.23 $4,326.90
105 $ 3,340.62 $ 3,855.38 $4,370.14
106 $ 3,374.03 $ 3,893.95 $4,413.87
107 $ 3,407.78 $ 3,932.91 $4,458.03
108 $ 3,441.84 $ 3,972.21 $4,502.57
109 $ 3,476.25 $ 4,011.93 $4,547.61
110 $ 3,511.02 $ 4,052.04 $4,593.06
111 $ 3,546.11 $ 4,092.56 $4,639.00
112 $ 3,581.58 $ 4,133.48 $4,685.38
113 $ 3,617.39 $ 4,174.82 $4,732.24
ATTACHMENT B
BENEFITS RETAINED BY CMWD EMPLOYEES
A. Health Insurance
The City will provide employees and dependents with a choice of ACWA-Blue Cross
Pmdent Buyer, ACWA-Califomia Care, or ACWA-Kaiser health insurance. The City
will provide any of the ACWA policies at no cost to the employee.
During the month of July 1992, the City shall hold an open enrollment for the City's
health, dental, and vision insurance programs. If an employee elects to enroll in the
City's health, dental and/or vision insurance program(s), he/she is not eligible to retum to
the current plan(s) as set forth above and below, and thereafter may only participate in
City sponsored plan(s).
B. Health Insurance for Retirees
The City will pay, after retirement of an employee, premiums for existing medical
coverage provided the employee has met the following requirements:
1. Voluntarily retired after the age of 50 with no less than five years of sen^ice, and
whose age combined with years of service equals 70 or more; or
2. Retired by having reached the mandatory retirement age established under the
State of Califomia Public Employees' Refirement System with no less than five
years of service.
Medical coverage for the Retiree will be coordinated with Medicare and other benefits
provided by federal and state law, and will thereby be reduced when the Retiree qualifies
for those benefits.
Medical coverage for the spouse and dependents of a Refiree will be coordinated with
Medicare and other benefits provided by federal and state law, and will thereby be
reduced when the spouse qualifies for those benefits.
Upon death ofthe Refiree, health insurance coverage for the spouse and dependents will
be confinued, provided the spouse keeps the City informed of his/her name, address and
marital status. In the event such spouse remarries, his or her eligibility for such coverage
ceases immediately and shall be terminated. As used herein, "spouse" shall mean the
spouse of the employee at the fime of the employee's retirement.
If the Retiree divorces, neither his/her new spouse nor his/her former spouse will be
eligible for coverage and it shall cease immediately and be terminated. The former
spouse would only be eligible for continued health care coverage at his or her expense as
required under federal law.
C. Dental Insurance
The City shall provide employees and dependents with a dental plan (Delta Care, Group
No. 2692 or Delta Dental, Group No. 399-0139), including orthodontia coverage for
dependent children only, at no cost to the employee.
D. Eye Care Plan
The City will provide employees and dependents with an eye care plan (VSP, Plan C,
Group No. 228049 A-R). The plan will provide a reasonable amount of coverage at no
cost to the employee.
E. Life Insurance
The City will provide the employee a group term life insurance policy (American
Bankers Life Assurance Company of Florida, Plan No. 0670), which will provide
protection of 1 x annual pay, up to a maximum of $50,000 at no cost to the employee.
The City also provides Term Life Insurance and AD&D of $9,000.
F. Deferred Compensation
The City has established a Deferred Compensation Plan which employees may
voluntarily participate in. The City shall match employee contributions up to a maximum
of 7.5% of an employee's bi-weekly eamings.
G. Overtime
Overtime shall be defined as work performed before or after the regularly scheduled
work day or work week. Work in addition to the regularly scheduled work day shall be
paid at the rate of time and one-half of an employee's pay. In addition, all hours worked
on Sundays and holidays shall be paid at double time.
H. Standby
Two employees shall be on standby at all times. Each such employee shall remain on
standby for a one week period and shall receive $30 per day for each day on standby
assignment. The employee shall be compensated in the normal manner for any work
performed. Standby shall not be regarded as call back work.
I. Vacation
Vacation accmal can be used in 15 minute increments. Accruals will be calculated
daily.
1. Eamings Rates
I '1 a
After complefion of 20 years of continuous service, an employee will be granted
vacation at the rate of 33 minutes per day.
2. Carryover of Unused Vacation Hours
Vacation time accumulation as of January 1 each year may be permitted as
follows:
Employees with 20 or more years of service - 400 hours
Effective January 1 of each year, vacation time in excess of the above-mentioned
hours will be eliminated.
J. Sick Leave Buvback
1. An employee has the option of selling back to the City 100% of any accumulated
sick leave in excess of 250 hours.
2. The City, at its discretion, may purchase any accumulated sick leave from an
employee.
K. Sick Leave at Termination
1. Retirement
Upon retirement in accordance with either the voluntary service or compulsory
service retirement provisions of CalPERS, an employee will receive 50% of all
accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of
250 hours shall be reimbursable at 100%.
2. Death
Upon an employee's death, while still employed, all compensation due an
employee will be paid to his/her designated beneficiary. Compensation for all
accumulated vacation time, 50% of all sick leave up to 250 hours, and 100% of
sick leave in excess of 250 hours shall also be made.
3. Discharge
The Department Head shall notify any such employees of discharge in writing.
All such discharged employees shall be entitled to any normal compensation due,
and shall receive all accumulated vacation time due. If employed at least one
year, an employee will receive 50% of all accumulated sick leave up to 250 hours
and 100% of any sick leave in excess of 250 hours.
4. Lay Off
Layoffs may be required due to lack of work, a decrease in or loss of fimds, or
changing position requirements. Should layoffs be required, they will be
implemented by considering an employee's proficiency, productivity, length of
employment, attendance, and reliability. Such employees shall receive two weeks
written notice of layoff. When layoff is anticipated to exceed 14 days duration,
the following shall apply: An employee will be paid all accumulated vacation
pay due. If employed at least one year, an employee will receive 50%) of all
accumulated sick leave in excess of 250 hours to be reimbursable at 100%.
5. Resignation
Employment may be terminated at will by an employee. If an employee wishes
to resign, the City desires a two (2) week notice in yvriting. All accumulated
vacation pay and sick leave compensation will be paid upon resignation. If
employed at least one year, an employee will receive 50% of all accumulated sick
leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall
be reimbursable at 100%.
L. Long-Term Disability
Long-term disability benefits shall be provided at 66-2/3% of pay, with a minimum
monthly benefit of $50 and maximum benefit of $2,500.
M. Longevity Pay
Each classified regular employee will be eligible for longevity allowance as follows:
After five (5) years of service in the same classification at Step 5, an employee
will be entitled to an allowance of 5% in addition to any other regular pay, i.e.
C.O.L.A., that an employee is entitled to. An employee will then be placed at the
Step 6. After an additional five (5) years, an employee will be entitled to a 2-
1/2% increase in addition to any other regular pay that an employee is entitled to
and is then classified as assigned to Step 7.
A $1,500 net award will be given every five (5) years thereafter to an employee
after he/she reaches L2.
Upon implementation of the pay for performance system on January 1, 2014, no employees shall
receive step increases or longevity increases. The new salary range maximums on January 1,
2014 will include the longevity maximums (as shoym in Attachment C2).
N. Special Merit for Education
The City will continue a special merit award system to mutually benefit employees and
the City by stimulating and rewarding employees for educational accomplishments. This
program recognizes accomplishments in terms of operator certification according to the
following:
Grade Amount
One $ 150
Two $ 300
Three $ 500
Four $1,000
The decision to grant this lump-sum award shall be made by an employee's
supervisor, with approval by the Department Head. This is a one-time award
granted after obtaining the above certificate(s).
O. Non-Eligibility
An employee shall not be eligible for the following benefits provided by the City:
1. Compensatory time off accmal as set forth in Article 15, Section 4 ofthe
MOU with CCEA. An employee shall be eligible to accme no more than
40 hours of such compensatory time.
2. State disability insurance as provided by the State of Califomia, Article 35
ofthe MOU with CCEA.
Attachment C
CARLSBAD MUNICIPAL WATER DISTRICT
Salary Schedule and Job Classification
Approved 6/18/13; Retroactive to 2/18/13
CLASSIFICATION RANGE
Accountant 55
Constmction & Maintenance Worker II 35
Scada Technician 46
Senior Systems Operator 46
System Operator II 41
Water Conservation Specialist 35
CARLSBAD MUNICIPAL WATER DISTRICT
BIWEEKLY SALARY SCHEDULE
Approved June 18, 2013; Retroactive to February 18, 2013
Attachment C1
STEP 6 STEP 7
RANGE STEP1 STEP 2 STEP 3 STEP 4 STEPS RANGE (longevity 1) (longevity 2)
35 $1,798.51 $1,879.15 $1,966.55 $2,052.56 $2,149.33 35 $2,256.80 $2,313.23
36 $1,838.84 $1,919.51 $2,006.87 $2,103.64 $2,196.39 36 $2,306.21 $2,363.87
37 $1,879.15 $1,966.55 $2,052.56 $2,149.33 $2,248.82 37 $2,361.26 $2,420.29
38 $1,919.51 $2,006.87 $2,103.64 $2,196.39 $2,297.20 38 $2,412.05 $2,472.36
39 $1,966.55 $2,052.56 $2,149.33 $2,248.82 $2,349.97 39 $2,467.47 $2,529.15
40 $2,006.87 $2,103.64 $2,196.39 $2,297.20 $2,410.12 40 $2,530.63 $2,593.89
41 $2,052.56 $2,149.33 $2,248.82 $2,349.97 $2,446.39 41 $2,568.72 $2,632.94
42 $2,103.64 $2,196.39 $2,297.20 $2,410.12 $2,493.45 42 $2,618.13 $2,683.58
43 $2,149.33 $2,248.82 $2,349.97 $2,446.39 $2,548.56 43 $2,675.99 $2,742.89
44 $2,196.39 $2,297.20 $2,410.12 $2,493.45 $2,595.61 44 $2,725.39 $2,793.52
45 $2,248.82 $2,349.97 $2,446.39 $2,548.56 $2,650.72 45 $2,783.26 $2,852.83
46 $2,297.20 $2,410.12 $2,493.45 $2,595.61 $2,701.82 46 $2,836.92 $2,907.84
47 $2,349.97 $2,446.39 $2,548.56 $2,650.72 $2,755.55 47 $2,893.32 $2,965.66
48 $2,410.12 $2,493.45 $2,595.61 $2,701.82 $2,809.34 48 $2,949.81 $3,023.55
49 $2,446.39 $2,548.56 $2,650.72 $2,755.55 $2,867.15 49 $3,010.50 $3,085.77
50 $2,493.45 $2,595.61 $2,701.82 $2,809.34 $2,924.93 50 $3,071.18 $3,147.96
51 $2,548.56 $2,650.72 $2,755.55 $2,867.15 $2,984.09 51 $3,133.29 $3,211.62
52 $2,595.61 $2,701.82 $2,809.34 $2,924.93 $3,044.59 52 $3,196.82 $3,276.74
53 $2,650.72 $2,755.55 $2,867.15 $2,984.09 $3,103.71 53 $3,258.90 $3,340.37
54 $2,701.82 $2,809.34 $2,924.93 $3,044.59 $3,172.27 54 $3,330.88 $3,414.15
55 $2,75555 $2,867.15 $2,984.09 $3,103.71 $3,227.36 55 $3,388.73 $3,473.45
56 $2,809.34 $2,924.93 $3,044.59 $3,172.27 $3,295.91 56 $3,460.71 $3,547.23
57 $2,867.15 $2,984.09 $3,103.71 $3,227.36 $3,361.80 57 $3,529.88 $3,618.13
58 $2,924.93 $3,044.59 $3,172.27 $3,295.91 $3,427.68 58 $3,599.06 $3,689.04
59 $2,984.09 $3,103.71 $3,227.36 $3,361.80 $3,493.54 59 $3,668.22 $3,759.92
60 $3,044.59 $3,172.27 $3,295.91 $3,427.68 $3,563.40 60 $3,741.57 $3,835.10
61 $3,103.71 $3,227.36 $3,361.80 $3,493.54 $3,637.37 61 $3,819.24 $3,914.72
62 $3,172.27 $3,295.91 $3,427.68 $3,563.40 $3,707.26 62 $3,892.62 $3,989.93
63 $3,227.36 $3,361.80 $3,493.54 $3,637.37 $3,782.52 63 $3,971.65 $4,070.94
64 $3,295.91 $3,427.68 $3,563.40 $3,707.26 $3,857.81 64 $4,050.70 $4,151.97
Attachment C2
CARLSBAD MUNICIPAL WATER DISTRICT
BIWEEKLY SALARY SCHEDULE
Effective 1/1/2014
RANGE MINIMUM MIDPOINT MAXIMUM
35 $1,798.51 $2,055.87 $2,313.23
36 $1,838.84 $2,101.36 $2,363.87
37 $1,879.15 $2,149.72 $2,420.29
38 $1,919.51 $2,195.94 $2,472.36
39 $1,966.55 $2,247.85 $2,529.15
40 $2,006.87 $2,300.38 $2,593.89
41 $2,052.56 $2,342.75 $2,632.94
42 $2,103.64 $2,393.61 $2,683.58
43 $2,149.33 $2,446.11 $2,742.89
44 $2,196.39 $2,494.96 $2,793.52
45 $2,248.82 $2,550.83 $2,852.83
46 $2,297.20 $2,602.52 $2,907.84
47 $2,349.97 $2,657.82 $2,965.66
48 $2,410.12 $2,716.84 $3,023.55
49 $2,446.39 $2,766.08 $3,085.77
50 $2,493.45 $2,820.71 $3,147.96
51 $2,548.56 $2,880.09 $3,211.62
52 $2,595.61 $2,936.18 $3,276.74
53 $2,650.72 $2,995.55 $3,340.37
54 $2,701.82 $3,057.99 $3,414.15
55 $2,755.55 $3,114.50 $3,473.45
56 $2,809.34 $3,178.29 $3,547.23
57 $2,867.15 $3,242.64 $3,618.13
58 $2,924.93 $3,306.99 $3,689.04
59 $2,984.09 $3,372.01 $3,759.92
60 $3,044.59 $3,439.85 $3,835.10
61 $3,103.71 $3,509.22 $3,914.72
62 $3,172.27 $3,581.10 $3,989.93
63 $3,227.36 $3,649.15 $4,070.94
64 $3,295.91 $3,723.94 $4,151.97
ATTACHMENT D
COMPENSATION AND BENEFITS SUMMARY - CCEA REPRESENTED
EMPLOYEES WORKING A REDUCED FTE SCHEDULE
For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing
0.5 FTE) pro-rated benefits are calculated based on 75% and 50% ofthe ftill benefits and will be
applied respectively.
The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE
work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the
remaining incumbent must convert to full-time until another job-share partner is found.
COMPENSATION:
Employees on a reduced FTE schedule will be compensated at an hourly rate based on the
current salary schedule. Salary will be calculated based on the number of actual hours worked
and salary eamed.
Overtime
Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts
worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in
accordance with the Fair Labor Standards Act (FLSA).
The regular work week should not exceed 30 hours per week for 75% time positions or 20
hours per week for 50% time positions. If there are occasional extra hours worked, the time
should be reported appropriately to payroll as extra hours. Extra hours should not be a continual
or regular practice and may result in jeopardizing the reduced FTE schedule.
Bilingual Pay
Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an
amount that is prorated by the appropriate reduced FTE percentage.
BENEFITS:
Health Insurance Deductions
Employees working a reduced FTE schedule are eligible to participate in the same health
insurance programs as full-time employees. Employees working a reduced FTE schedule may
select one ofthe City's medical plans and will be enrolled as an employee with full benefit
coverage. Because reduced FTE employees work fewer hours per pay period, they will be
eligible for a prorated percentage of the benefits credits for which ftill time employees are
eligible. (Refer to benefit rate sheets.)
Leave Accruals
• SICK LEAVE: Accmed at appropriate prorated percentage of the full-time accmal
rate.
VACATION: Accmed at appropriate prorated percentage of the full-time accmal
rate.
HOLIDAY PAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per
Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a
Holiday falls on a day the employee is NOT normally scheduled to work, the employee
will agree with his/her supervisor when to take a regularly scheduled work shift in that
same pay period as a Holiday.
FLOATESfG HOLIDAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours
per Holiday paid for 0.5 FTE employees.
An employee whose scheduled shift duration exceeds the hours of Holiday pay could get
approval from their supervisor to work extra hours in the pay period in which a Holiday falls to
make up for the reduced number of hours paid for the Holiday. An employee may also choose to
take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required
to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non-
Holiday, if an employee leaves early or takes time off accmed leave balances must be exhausted
prior to taking leave without pay.
PERS Service Credit
Future retirement benefit and employee contributions (made by the City) are adjusted for lesser
eamings. A full time employee receives one year of service credit for every ten or more months
of full time employment during the fiscal year. A 75% time employee is credited with .90 of a
year (.75 x .100 year credit x 12 months) for one year of 75% time employment. A 50%
employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50%
employment.
Long Term Disability
The City pays the premium based on actual eamings.
State Disability Insurance
The City pays the premium based on actual eamings. Any future potential benefit may be
reduced, as SDI looks at quarterly wages reported for a 12 month period beginning roughly 18
months before the date of disability.
Life Insurance and Supplemental Life Insurance
The benefit is based on regular base salary.
Employee Computer Purchase Program
Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan.
Employee Education Program
Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement.
I understand and agree to the reduced FTE terms outlined above and agree to the terms and
conditions set forth in this document.
I understand that I will be in a Reduced FTE time status I 10.75 I I 0.5
from^ to_ .
Employee (Print Name)
Employee Signature Date
ATTACHMENT E
MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD
REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF
ASSIGNMENT
Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad
City Employees' Association (CCEA), I, am accepting
the assignment of the Maerkle Facilities Steward and acknowledging the following requirements,
responsibilities and terms of the assignment:
1. Employee Status
The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent
employee of the City.
2. Priority of Assignments
In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment
shall be offered to qualified current CCEA employees in the Water Operations Division
of the Utilities Department based on their seniority in the Water Operations Division.
In order to be considered qualified for the assignment, the employee must have a
minimum of one year of service in the City's Water Operations Division. In addition, the
employee must not be on a Performance Improvement Plan (PIP), and must be fully
competent in facility operations, recordkeeping, emergency response procedures and be
in compliance with the following regulations govemed by these respective agencies:
a. Cal-OSHA's Califomia Code of Regulations, Titie 8, section 5189, Process
Safety Management (PSM) of Highly Hazardous Materials.
b. Federal EPA's Code of Federal Regulations, Titie 40, Part 68, Accidental
Release Prevention Requirements: Risk Management Programs (RMP) Clean
Air Act Section 112(r), Program 3 requirements.
c. Califomia Office of Emergency Services, Califomia Code of Regulations,
Title 19, Division 2, Chapter 4.5, Califomia Accidental Release Prevention
(CalARP) Program.
d. County of San Diego, Department of Environmental Health, Hazardous
Materials Division, Hazardous Materials Business Plan.
e. Califomia Health and Safety Code, Section 25531 through 25534.
f. State of Califomia, Department of Water Resources, Division of Safety of
Dams.
g. Must possess a current CDPH issued Distribution Operator Grade D-3 and
Treatment Operator Grade T-l per CDPH "shift operator" requirements.
The employee must remain qualified throughout the assignment. Under no circumstances
will the duties of the Maerkle Facilities Steward be assigned to an employee that does not
comply with the regulations as outlined above.
3. Responsibilities
The Steward shall be responsible for performing the following duties:
A. Safety
a. Maintain on site compliance with PSM/RMP program and Hazardous Materials
Business Plan
b. Immediately report any observed non-compliance issues with the PSM/RMP
Program or Hazardous Materials Business Plan
c. Ensure the residence, property and facilities are kept in a safe condition
B. Emergency Response - Notification - Documentation
a. Respond to emergency situations to include the chlorination facilities per
PSM/RMP requirements
b. Provide timely and proper notification
c. Provide timely and proper documentation
d. Assist duty operator with onsite problems
C. Operations and Maintenance
a. Make occasional chlorine adjustments, flow changes and system changes as
needed
b. Perform general maintenance on the residence, yard and fencing
c. Perform general maintenance on the property, perimeter fencing and weeds
D. Inspections
a. Perform routine visual inspections of the entire site at least weekly
b. Perform visual inspections of the entire site after any disaster event including
minor earthquakes
c. Document and report any issues or concems to the Water Operations supervisor
E. Security
a. Be onsite on a regular basis during nonworking hours for a minimum of four
weeknights per week and a minimum of three weekends per month (except for
extended periods due to supervisor approved leaves, at which time the department
will be responsible for ensuring coverage for Steward's responsibilities)
b. Monitor access of residents through property during significant flood events
c. Immediately report any security breaches or issues to the proper authority,
including police, where appropriate
4. Rent and Utilities
The City shall charge a nominal rent for the residence. Said rent shall be established
from time to time by the City and communicated to the Steward in writing with sixty (60)
calendar days advance notice of any changes. The City shall fiimish the water supply and
electricity for the residence and the Steward shall be responsible for the balance of the
utilities. Upon change of Steward, the outgoing Steward shall have the propane tank
filled and the carpets professionally cleaned, and provide verification of such to the
Water Operations supervisor. The outgoing Steward will have the option of being billed
for these services by the City. If the outgoing Steward selects this option, the Steward
will provide a thirty (30) calendar days' notice and the City will have the propane tank
filled and the carpets professionally cleaned.
Term
The City maintains the right to change the assignment of the Maerkle Facility Steward
responsibility based solely upon the City's discretion and the City shall not be required to
show cause. Moreover, the Steward shall have no due process rights related to a change
from the assignment as a change shall not be considered disciplinary. It is the intent of
this provision to create an at-will tenancy that can be revoked at any time upon at least
sixty (60) calendar days' notice to the Steward. There shall be an annual review of the
Steward's performance with Water Operations supervisor. The Steward shall, when
possible, give the City at leastsixty (60) calendar days written notice if he/she desires to
be relieved of this assignment.
6. Sole Place of Residence
The crew member assigned as the Steward shall maintain the residence as his/her sole
place of residence.
7. Others Living at Residence
Only the Steward and a reasonable number of persons who constitute a bona fide single
household unit shall be allowed to reside at the house.
8. Vehicles
The Maerkle Facilities Steward shall drive a City vehicle. No more than three private
vehicles shall be kept at the residence unless pre-approved by the Water Operations
supervisor.
9. Firearms
The Steward shall not carry any firearms in the performance of his/her duties or in City
vehicles and shall not discharge any firearms on City property. Any firearms that are
personal property of the Steward shall be allowed to be stored at the residence provided
they are securely stored. The Steward will notify the Water Operations Supervisor in
advance of bringing any firearms on the premises and shall show proof of secured
storage.
10. Parties
The Steward shall notify his/her the Water Operations Supervisor, in yvriting, at least
seven (7) calendar days in advance of any party at the residence involving fifteen (15) or
more people.
11. Pets
The Steward shall be allowed to have pets and any outdoor pets shall remain within the
fenced portion of the property provided for this purpose. The Steward shall be
responsible for any damages caused by pets. The Steward may not keep pets knoyvn to be
vicious.
The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll
deductions will begin for this amount starting with the beginning of the pay period on
I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward
Requirements, Responsibility and Agreement to Term of Assignment and understand it. By
signing below, I am agreeing to these terms in their entirety.
Employee Signature Date
CITY OF CARLSBAD
CLASS SPECIFICATION
JOB TITLE; JOB SERIES FOR LIBRARY PROFESSIONALS
DEPARTMENT: LIBRARY & CULTURAL ARTS
BASIC FUNCTION/DISTINGUISHING CHARAaERISTICS:
This job structure includes employees who perform and qualify for
professional library work independently or under direction of a Deputy
Library Director or designee to plan, organize and administer library
services in one or more service areas. Library professionals are individual
contributors, leads or supervisors and use their underlying knowledge, skills
and abilities in collection development, technical services, children's
services, reference services, and other service areas.
The job level of a Library Professional (as described by the attached KSA
matrix) is determined by two factors. The first is "business need" to have a
job performed at a certain level, as defined by the specific responsibilities
designed into the role, and how the organization is structured. The second
is that the job incumbent must possess the knowledge, skills and abilities to
function at the assigned professional level, as demonstrated by their work
and contributions. Typically, a Library Professional must possess and
demonstrate at least 80% of the KSA's at a given level to be assigned to that
level and a business need must exist.
The following are examples ofthe types of job duties that may be found in
Library Professional roles:
KEY RESPONSIBILITIES:
Not all responsibilities apply. Managers should identify and clarify
specifics for those that do apply.
r
Professional Librarian Series, p. 2
Section 1: Typical Roles and Responsibilities
Assists patrons in the use of the Library and ensures top quality user
experiences.
Plans, manages and administers professional library services.
Recommends and locates library materials appropriate to library users'
needs.
Provides instructions in the use of various print, electronic, and online
resources.
Promotes libraries, library services and library programs.
Manages programming; schedules, plans and publicizes programs and
events.
Participates in the development of online resources and their delivery.
Maintains an active role in the community, including schools, community
groups, civic and other governmental agencies to promote library and city
services.
Prepares grant requests and implements grants related to program and
collection development. Monitors grant expenditures and prepares
reports.
Catalogues and classifies library materials.
Maintains the integrity of Library records.
Manages the budgeting for a program, functional or specialized area or
division.
Develops and manages library collections for all sites.
Develops and delivers classes and instruction on technology and
computers.
Professional Librarian Series, p. 3
Section 1: Typical Roles and Responsibilities
Prepares reports based on the collection and analysis of relevant data for
library activity.
Participates and contributes to Library projects.
Leads and participates on committees and teams.
Responds to challenging situations and emergencies.
Recruits, selects, schedules and trains full time professional librarians, para-
professional librarians, hourly employees and volunteers. May approve
timecards.
Supervises the work of staff engaged in providing various library services.
May provide input into disciplinary matters.
Schedules, attends and/or presents training and education seminars,
workshops and classes, for Library-and City-related skills.
May represent the service area or the library at meetings of library, city,
community and professional associations.
Pursues continued professional and Library-wide development.
Performs other duties as assigned.
SPECIFIC ASSIGNMENTS
Librarians may be assigned to particular areas of specialization including
but not limited to: technology coordination, computer lab management,
managing periodicals, database management, cataloguing, collection
management, teen services.
QUALIFICATIONS:
Knowledge, Skills and Abilities are located in the attached KSA matrix.
Professional Librarian Series, p. 4
Section 1: Typical Roles and Responsibilities
EXPERIENCE AND EDUCATION:
Knowledge, Skills and Abilities are located in the attached KSA matrix.
SPECIAL REQUIREMENTS:
Knowledge, Skills and Abilities are located in the attached KSA matrix.
ESSENTIAL FUNCTIONS FOR ALL POSITIONS IN THE JOB SERIES:
The conditions below ore representative of those that must be met by an
employee to successfully perform the essential functions ofthe job.
Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential Job functions.
• Must be able to provide interpretation to others on how to apply
policies, procedures, and standards to specific situations. Needs to
be able to use a variety of information such as: reports, computer
software operating manuals, procedures, guidelines, and routine
correspondence.
• Must be able to communicate orally and in writing, clearly and
concisely and in a non-technical manner with City personnel,
consultants, vendors, and patrons.
• Ability to read, analyze, and interpret general business periodicals,
professional journals, technical procedures, or governmental
regulations. Must be able to write reports, business correspondence,
and procedure manuals and effectively present information and
respond to questions.
• Ability to apply mathematics including the ability to calculate
percentages, fractions, decimals, and to interpret basic, descriptive
statistical reports. Must be able to use functional reasoning and
apply rational judgment when performing diversified work activities.
Physical Requirements: The conditions below are representative of those
that must be met by an employee to successfully perform the essential
functions of the job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential job functions.
Professional Librarian Series, p. 5
Section 1: Typical Roles and Responsibilities
Needs to be able to operate equipment with some requiring rapid
adjustments such as a computer keyboard and terminal, printers,
photocopier, calculator. Must be able to coordinate eyes, hands,
feet and limbs in performing skilled movements such as rapid
keyboard use. Functions may require sitting for prolonged periods of
time; the ability to exert light physical effort involving lifting,
carrying, pushing and pulling of up to 25 pounds. Needs to be able to
perform frequent downward or upward flexion or turning of the
neck, fine finger dexterity and grasp to manipulate the keyboard,
telephone, writing instruments, papers, books, manuals, and reports.
Job entails standing, bending, stooping, climbing, reaching at and
above shoulders and twisting at the waist. On an infrequent basis,
the incumbent must be able to squat or kneel. Overtime and
attending meetings outside regular work hours may be required.
Work environment is professional and both team and autonomy
oriented. This position is impacted by time deadlines due to Library
or division requirements. There is a need for paying attention to
detail and to be able to shift attention before tasks are completed to
be able to balance user demands, telephone and other interruptions.
Must be able to drive and maintain a California Class C Driver's
license or ability to arrange transportation for fieldwork or visits to
other City facilities.
DATE APPROVED: 6/2013
Section 2 Knowledge. Skills and Abilities Reauired bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 1
Job Level Title: Librarian Job Level Title: Lead Librarian Job Level Title: Senior Librarian
Complexity and Scope
-Entry level through experienced library
professional.
-Requires full use and application of standard
library principles, theories, concepts and
techniques used, and a solid understanding of
the Library's relevant policies and procedures.
-Independently connpletes routine and non-
routine tasks in an accurate and timely manner.
-May initiate and conduct innovative research,
as it is relevant to the Library's objectives.
Complexity and Scope
-Fully qualified library professional assigned to
a specific functional program and an increased
span of control.
-Requires full use and application of standard
library principles, theories, concepts and
techniques used, and a solid understanding of
the Library's relevant policies and procedures
and the specialized functional program area
and/or system-wide program area ofthe
library.
-Independently completes complex librarian
projects and tasks. Work is thorough, accurate,
timely, and on-budget.
-May initiate and conduct innovative research,
as it is relevant to the Library's objectives.
Complexity and Scope
-An experienced library professional,
recognized within the department as a subject
matter expert in their assigned division.
Usually supervises a staff of other library
professionals in a major library division.
-Uses advanced principles, theories and
concepts to develop advanced solutions to
complex or library system problems.
Thorough understanding ofthe Library's
relevant policies and procedures and
specialized knowledge of assigned division.
-Supervises or independently plans, conducts
and completes complex library division
projects or programs. Work is thorough,
accurate, timely and on-budget.
-May initiate and conduct innovative research,
as it is relevant to the Library's objectives.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 2
Job Level Title: Librarian Job Title: Lead Librarian Job Title: Senior Librarian
Problem Solving, Innovation & Creativity
-Proactively identifies and solves a wide
variety of problems of moderate complexity
and scope, using a rational approach or
established practice.
-Independently recognizes and solves
technical problems or issues in areas of
expertise, applying sound business or
technical judgment.
-Demonstrates willingness and ability to be
flexible, creative and innovative. Participates
in implementing non-traditional solutions
that create value. Recognizes and
recommends new solutions or opportunities.
Problem Solving, Innovation & Creativity
-Proactively identifies and provides solutions to
a wide range of difficult and complex problems
in a through and innovative, yet practical
manner. Exercises initiative in the
improvement and development of functional
program area and/or system-wide program
area.
-Responsible for key technical decisions in area
of expertise. Applies sound business and
technical judgment to problems. Identifies
possible project or program ideas that impact
existing services and the direction of library
division. Provides and implements creative
solutions that create value and meet
organizational needs.
-Demonstrates a strong capability in the area
of creativity and innovation. Thinks ''outside
the box" and originates change.
Problem Solving, Innovation & Creativity
-Proactively identifies and solves a wide range
of difficult and complex problems in a
thorough and innovative, yet practical
manner. Supervises and assists with difficult
decisions relating to methods or policy
problems.
-Directly contributes to the development of
innovations which extend the existing
boundaries of practice or knowledge in
relevant fields. Identifies and provides ideas
to explore new technical opportunities
through projects, programs or services.
Proactively works with upper management to
set and implement technical strategy in area
of expertise.
-Demonstrates an advanced capability in the
area of creativity and innovation. Explores
new technical directions. Originates change
and creates value through proactively
presenting and implementing creative ideas
and solutions.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 3
Job Level Title: Librarian Job Title: Lead Librarian Job Title: Senior Librarian
Discretion and Impact:
-Exercises judgment within standard, defined
procedures and practices to determine
appropriate action.
-Such areas of discretion and impact include
but are not limited to purchases, budget
allocation, evaluation of hourly employee's
or volunteer's performance, implementing
emergency procedures and dealing with
challenging patrons or issues.
-Incorrect decisions or recommendations or
failure to get results may cause delays in
schedules and result in the allocation of more
resources or the misallocation of existing
resources.
Discretion and Impact:
-Independently exercises judgment within
generally defined practices and policies,
selecting methods and techniques for
obtaining solutions.
-Such areas of discretion and impact include
but are not limited to functional program
and/or system-wide program purchases
and/or budget allocation, evaluation of full
time, hourly employee's or volunteer's
performance, implementing emergency
procedures and dealing with challenging
patrons or issues.
-Incorrect decisions or recommendations, or
failure to achieve objectives would normally
have a serious effect upon the organization's
results and citizen/patron relationships and
experiences.
Discretion and Impact:
-Independently exercises judgment within
generally defined practices and policies as well
as areas that require expert interpretation.
-Selects and may design new methods and
techniques for obtaining solutions with
required approval for implementation.
-Such areas of discretion and impact include
but are not limited to overall responsibility for
division purchases, budget allocation,
evaluation of full time, hourly employee's or
volunteer's performance, implementing
emergency procedures and dealing with
challenging patrons or issues.
-Incorrect decisions or recommendations, or
failure to achieve objectives would normally
have a serious effect upon the organization's
results and citizen/patron relationships and
experiences.
-May serve on external agencies, boards, or
professional committees and impact
standards, regulations or policies.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 4
Job Level Title: Librarian Job Title: Lead Librarian Job Title: Senior Librarian
Contact and Communication:
-Communicates outside division. Frequent
inter-organizational contact and interaction
with external organizations. Serves on cross-
functional teams and committees. When
appropriate may serve as lead or chair of
team or committee.
-Effective communicator, presenter and
trainer, with both written and oral
presentations. Developing solid
presentation, demonstration, and technical
writing skills.
-May train other librarians or para-
professionals in the use of tools, systems, and
policies.
-Strong interpersonal and communication
skills. Communicates with other departments
to accomplish objectives.
Contact and Communication:
-Frequent direct contact with citizens/patrons,
developers, contractor/suppliers, external
agencies to understand issues and plan and
implement solutions. Frequent cross-
functional contact and coordination.
-Skilled and effective communicator, with both
written and oral presentations. Highly
developed technical writing skills.
-May train other librarians or para-
professionals in the use of tools, systems, and
policies.
-Strong interpersonal and communication
skills. Communicates with other departments
to accomplish objectives.
-Supervisor and effective team leader and
coach. Actively contributes to creating an
environment which sustains motivation and
the introduction/sharing of new ideas.
-May present to the Library Board or Friends of
the Library and/or City Council. May represent
the organization within the community and at
professional meetings.
Contact and Communication:
- Frequent direct contact with
citizens/patrons, contractor/suppliers,
external agencies to understand issues and
plan and implement solutions. Lead contact
on strategic teams and on critical customer,
consultant/contractor or partner issues.
Works cross-functionally to develop strong
and strategic contacts and partnerships.
-Skilled, effective, and compelling
communicator, presenter and/or trainer with
both written and oral presentations. Excellent
presentation, demonstration, facilitation and
technical writing skills. Communicates to a
broad audience.
-May train other librarians or para-
professionals in the use of tools, systems, and
policies.
-Highly developed interpersonal and
communication skills. Supervisor and
effective team leader and coach. Actively
contributes to creating an environment which
sustains motivation and the
introduction/sharing of new ideas.
-Presents to Library Board, Friends ofthe
Library and/or City Council. Represents the
organization within the community and at
professional meetings.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 5
Job Level Title: Librarian Job Title: Lead Librarian Job Title: Senior Librarian
Supervision Given or Received:
-Works under general supervision, with a
minimum of supervision of a Lead Librarian or
Senior Librarian.
-Performs independent professional work
with patrons and other assigned duties.
Receives instructions on specific assignment
objectives, complex features and possible
approaches.
-May supervise, lead or schedule the work of
para-professional, hourly employees and/or
volunteers.
-Recruits, selects and trains para-
professional, hourly employees and
volunteers.
- Work progress is reviewed upon completion
of milestones for soundness of judgment and
overall adequacy and effectiveness.
-Leads functional problem solving teams and
chairs committees.
Supervision Given or Received:
-Works under very general direction. This
position typically reports to a Senior Librarian
or in certain assignments a Deputy Library
Director.
-Receives assignments in the form of overall
objectives and proposes goals and approaches
to meet objectives. Independently determines
approach to most problems or projects.
-May supervise, schedule, evaluate and/or
direct and coach the work of professional
librarians, para-professional or clerical staff
and/or volunteers.
-Recruits, selects and trains professional
librarians and others.
-Work is reviewed upon completion for
adequacy in meeting objectives.
-Leads functional problem solving teams and
chairs committees.
uses
Supervision Given or Received:
-This is the highest level in the Professional
Library Series. Positions at this level serve as
the supervisor and head of major library
divisions. This position typically reports to a
Deputy Librarian.
-Works under broad, general direction,
independent judgment. Exercises
considerable latitude in determining strategy
and approach to assignments and projects.
Supervises schedules and, evaluates and/or
directs and coaches the work of professional
librarians, para-professional, clerical staff
and/or volunteers.
-Recruits, selects and trains professional
librarians and others and provides input for
disciplinary matters.
-Trains and supervises assigned library
personnel, assigns work priorities.
-Completed work is reviewed for desired
results from relatively long-term objectives.
Assignments are often self-initiated.
-Demonstrates leadership, coaching and
mentoring skills.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 6
Computer Skills
-Microsoft Office Suite, integrated library
systems, research databases, public
computer authentication and print systems,
digital scanners, microfilm/fiche machines,
eBook readers and portable devices and
others specific to job duties.
Computer Skills
. -Microsoft Office Suite, integrated library
systems, research databases, public computer
authentication and print systems, digital
scanners, microfilm/fiche machines, eBook
readers and portable devices and others
specific to job duties.
Computer Skills
-Microsoft Office Suite, integrated library
systems, research databases, public computer
authentication and print systems, digital
scanners, microfilm/fiche machines, eBook
readers and portable devices and others
specific to job duties.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 7
Job Level Title: Librarian Job Level Title: Lead Librarian Job Level Title: Senior Librarian
Technical, Organizational and Business
Knowledge:
Requires a thorough understanding of:
-Principles, practices of professional library
work.
-Use of standard library tools and practices in
processing library materials.
-Current consumer technologies.
-Automated library systems and databases.
-Principles of supervision.
-Methods for effective of community
outreach and public relations.
-The basics ofthe City's Vision and Strategy,
and annual operating goals, and how their
area and work supports the
Vision/Strategy/Goals.
-The organizational structure ofthe City and
the roles and responsibilities of functions
related to their position.
Technical, Organizational, and Business
Knowledge:
Requires an advanced understanding of:
-Principles, practices of professional library
work.
-Use of standard library tools and practices in
processing library materials.
-Current consumer technologies.
-Automated library systems and databases.
-Principles of supervision.
-Methods for effective of community outreach
and public relations.
-The basics ofthe City's Vision and Strategy,
and annual operating goals, and how their area
and work supports the Vision/Strategy/Goals.
-The organizational structure ofthe City and
the roles and responsibilities of functions
related to their position.
Technical, Organizational, and Business
Knowledge:
Requires an expert understanding of:
-Principles, practices of professional library
work.
-Use of standard library tools and practices in
processing library materials.
-Current consumer technologies.
-Automated library systems and databases.
-Principles of supervision.
-Methods for effective of community outreach
and public relations.
-The basics ofthe City's Vision and Strategy,
and annual operating goals, and how their
area and work supports the
Vision/Strategy/Goals.
-The organizational structure ofthe City and
the roles and responsibilities of functions
related to their position.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 8
Technical, Organizational and Business
Knowledge:
Demonstrate a thorough ability to:
-Foster excellent customer service.
-Use automated library systems, databases
and Internet in performing technical library
tasks.
-Supervise, train and evaluate others involved
in related activity.
-Communicate clearly and concisely, orally
and in writing.
-Establish and maintain cooperative working
relationships with those contacted in the
course of work.
Technical, Organizational and Business
Knowledge:
Demonstrate an advanced ability to:
-Mentor others in fostering excellent customer
service.
-Use automated library systems, databases and
Internet in performing technical library tasks.
-Supervise, train and evaluate others involved
in related activity.
-Communicate clearly and concisely, orally and
in writing.
-Establish and maintain cooperative working
relationships with those contacted in the
course of work.
Technical, Organizational and Business
Knowledge:
Demonstrate an expert ability to:
-Mentor others in fostering excellent
customer service and ensure accountability
for service standards.
-Use automated library systems, databases
and Internet in performing technical library
tasks.
-Supervise, train and evaluate others involved
in related activity.
-Communicate clearly and concisely, orally
and in writing.
-Establish and maintain cooperative working
relationships with those contacted in the
course of work.
Section 2 Knowledge. Skills and Abilities Required bv Technical Level
City of Carlsbad Professional Library Series KSA Matrix Page 9
Job Level Title: Librarian Job Level Title: Lead Librarian Job Level Title: Senior Librarian
-An equivalent combination ofthe education
and experience listed below:
-A Masters of Library Science or a Masters of
Library and Information Systems from an
American Library Association Accredited
library school.
-Two years of library work experience is
preferred to qualify for the Librarian level.
May require specialized training in assigned
division.
An equivalent combination ofthe education
and experience listed below:
-A Masters of Library Science or a Masters of
Library and Information Systems from an
American Library Association Accredited library
school.
-Two years of professional library work
experience is required to qualify for the Lead
Librarian level, including a minimum of one
year of prior library supervisory experience^
May require specialized training in assigned
division.
An equivalent combination ofthe education
and experience listed below:
-A Masters of Library Science or a Masters of
Library and Information Systems from an
American Library Association Accredited library
school.
-Three years of professional library work
experience is required to qualify for the Senior
Librarian level, including a minimum of two
years of prior library supervisory experience.
Exhibit 6
rate of pay for their position's classification unless the City Manager determines
that qualified applicants are not available at the minimum rate of pay or that an
applicant has special qualifications that justify a higher rate of pay.
4.3.2 A transfer will not affect an employee's rate of pay.
4.3.3 Employees reemployed after layoff will receive a rate of pay
within the pay range established for the classification of the position in which they
are reemployed.
4.4 After January 1. 2014. all advancements within a pav range for
CCEA represented employees will be governed bv the Pav for Performance
Guidelines as outlined in the CCEA MOU. All non-CCEA represented employees
will be advanced in their pav ranges according to the following process:
Advancement Within a Pav Range. Employees will be considered for pay
adjustments within the pay ranges for their respective positions in accordance
with the following schedule:
(a) Step 2 - at the satisfactory completion of the probationary
period in Step 1.
(b) Step 3 - at the satisfactory completion of one year of service
in Step 2.
(c) Step 4 - at the satisfactory completion of one year of service
in Step 3.
(d) Step 5 - at the satisfactory completion of one year of service
in Step 4.
Advancements to Step 2 through 5 will be approved by the City
Manager following approval by the Human Resources Director and the
employee's manager. Any non-probationary employee may be advanced to the
next higher step in the pay range regardless of the length of time served at the
employee's present step. This advancement requires the written
recommendation of the employee's manager and the approval of the employee's
department head and the City Manager. Approved step increases will be
effective on employee's anniversary date.
4.5 Promotion or Advancement in Rate of Pav. When an employee is
promoted, the employee will be advanced to the lowest step in the higher range
which will provide at least one step increase in pay, except that the employee
cannot be advanced beyond the highest step in the higher pay range.
4.6 Out of Classification Compensation. Fire safety employees are
authorized out of classification compensation of a minimum of five percent (5%)
above a member's existing salary for each occasion the member is employed out
of classification; such compensation to commence following the first four hours of
employment out of classification. Assignment of employees to out of
classification service will be at the sole discretion ofthe Fire Chief. Other
classified employees out of classification compensation, if applicable, will be
governed by the employee's MOU.
4.7 Deferred Compensation. The City will provide for a Deferred
Compensation Plan in which the employees will have the option to participate.
The City reserves the right to accept or reject any particular plan administrator or
plan feature and to impose specific conditions upon participation in the plan.
6/18/11
Page 7 of24
Exhibit 7
PERSONNEL RULES AND REGULATIONS
TABLE OF CONTENTS
PURPOSE Page 2
1. PURPOSE AND DEFINITIONS Page 2
2. GENERAL PROVISIONS Page 4
3. CLASSIFICATION Page 5
4. PAY BENEFITS Page 6
5. APPLICATIONS AND APPLICANTS Page 8
6. EXAMINATIONS Page 8
7. EMPLOYMENT LISTS Page 9
8. METHOD OF FILLING VACANCIES Page 10
9. PROBATIONARY PERIOD Page 11
10. ATTENDANCE AND LEAVES Page 12
11. CHANGES IN EMPLOYMENT STATUS Page 18
12. GRIEVANCE PROCEDURES Page 21
13. TRAINING AND EDUCATION BENEFITS Page 23
14. REPORTS AND RECORDS Page 24
15. RULES OF APPEAL TO HEARING OFFICER Page 24
6/18/11
Page 1 of24
Exhibit 7
PERSONNEL RULES AND REGULATIONS
Purpose:
The objectives of these rules are to facilitate the delivery of top quality
service to the public and to provide for a fair and equitable merit system of
personnel management. They implement the Personnel Ordinance by setting
forth in detail those procedures that ensure comparable treatment for those who
compete for employment and promotion. In addition, in the absence of an
applicable provision in a Memorandum of Understanding (MOU) between the
City and an exclusively recognized employee organization, these rules define the
obligations, rights, privileges, benefits, and prohibitions placed upon all
employees in the classified service.
These rules are supplemented by City Council policies, City Manager
Administrative Orders, and Department Directives. The City Manager, as the
City's personnel officer, is responsible for administering and interpreting these
rules and supplemental policies, orders, and directives in a manner consistent
with applicable local, state, and federal law.
I. PURPOSE AND DEFINITIONS
1.1 Definitions:
The following terms when in these rules mean the following:
1.1.1 "Advancement" means a salary increase of one or more
steps within the limits of the pay range established for a
classification.
1.1.2 "Allocation" means the assignment of a position to a
classification and pay range based on the duties,
responsibilities, and discretion ofthe position.
1.1.3 "Appointing Authority" means the City Manager and other
employees ofthe City who have designated power under the
Carlsbad Municipal Code to appoint, discipline, and
discharge employees.
1.1.4 "City Manager" means the City Manager or duly authorized
representatives. To aid in administration, duly authorized
representatives, such as the Human Resources Director,
have been identified where appropriate throughout these
rules. The identification of a duly authorized representative
in these rules does not preclude the City Manager from
authorizing different or additional representatives when the
City Manager determines it is necessary to do so in order to
accomplish the purposes of these rules.
1.1.5 "Classification" means all positions sufficiently similar in
duties, authorities and responsibilities to permit grouping
under a common title and the application of common
standards of selection, transfer, promotion, and pay.
6/18/11
Page 2 of 24
Exhibit 7
1.1.6 "Classified Service" means all positions and employees
except those excluded by Chapter 2.44, section 2.44.030, of
the Carlsbad Municipal Code.
1.1.7 "Demotion" means the movement of an employee from one
classification to another classification having a lower
maximum rate of pay.
1.1.8 "Department" means an office, department or institution of
the City.
1.1.9 "Department Head" means the chief executive officer of a
department.
1.1.10 "Eligible" means a person whose name is on an employment
list.
1.1.11 "Employment List" means a list of names of persons who
have taken an examination for a classification and have
qualified for employment in that classification.
1.1.12 "Examination" means an examination for a particular
classification.
1.1.13 "Hourly Employee" means an employee who does not hold
a budgeted/authorized position and who works less than
1,000 hours in any one fiscal year. Hourly employees are
not included in the classified service.
1.1.14 "Limited Term Employee" means a regular employee who
has been retained in the classified service who has
successfully completed probation and has been retained for
a defined period of time.
1.1.15 "Limited Term Position" means a position authorized by the
City Council and anticipated to last for a defined period of
time.
1.1.16 "Merit Service" means all positions and employees except
those excluded by Chapter 2.44, section 2.44.030, ofthe
Carlsbad Municipal Code.
1.1.17 "Personnel Ordinance" means Chapter 2.44 of the Carlsbad
Municipal Code.
1.1.18 "Probationary Period" means a working test period during
which an employee is required to demonstrate fitness for the
duties to which the employee is appointed by actual
performance of the duties of the position in a manner
acceptable to the appointing authority.
1.1.19 "Promotion" means the movement of an employee from one
classification to another classification having a higher
maximum rate of pay.
1.1.20 "Provisional Appointment" means the appointment of a
person holding a regular position that possesses the
minimum qualifications established for a particular
classification and who has been temporarily appointed to a
position in that classification in the absence of available
eligibles.
6/18/11
Pages of24
Exhibit 7
1.1.21 "Reallocation" means movement of an existing classification
and/or position from one pay range to another. Budgeted
reallocations or reallocations with no fiscal impact may be
authorized by the City Manager. All other reallocations must
be authorized by the City Council.
1.1.22 "Reclassification" means a change in the allocation of a
position by placing it in a higher existing classification, a
lower existing classification, or a comparable existing
classification based on substantial changes in the kind,
difficulty, and/or scope of duties performed in the position.
Budgeted reclassifications or reclassifications with no fiscal
impact may be authorized by the City Manager. All other
reclassifications must be authorized by the City Council.
1.1.23 "Reduced-Time Regular Employee" means a regular
employee who works less than full-time.
1.1.24 "Reduction in Pay" means a salary decrease within the limits
of the pay range established for a classification.
1.1.25 "Regular Employee" means an employee in the classified
service who has successfully completed probation and has
been retained as provided for in these rules.
1.1.26 "Regular Position" means a position authorized by the City
Council and anticipated to last for an indefinite period of
time.
1.1.27 "Reinstatement": means the reemployment without
examination of a former regular or probationary employee.
1.1.28 "Rejection" means the separation of an employee from the
service during the employee's probationary period.
1.1.29 "Suspension" means the temporary separation from the
service of an employee without pay, for disciplinary
purposes.
1.1.30 "Temporary Position" means a full-time or part-time position
of limited duration that has been authorized by the City
Council. Temporary positions are not included in the
classified service.
1.1.31 "Transfer" means a change of an employee from one
position to another position in the same classification or
another classification having essentially the same maximum
salary limits, involving the performance of similar duties and
requiring substantially the same basic qualifications.
2. GENERAL PROVISIONS
2.1 Fair Employment. The City is committed to maintaining a
respectful workplace and to providing equal employment opportunity to all
applicants and employees regardless of race, sex, religious creed, color, national
origin or ancestry, physical or mental disability, medical condition, marital status,
veteran's status, age, or sexual orientation. For additional information, refer to
Administrative Order No. 45.
6/18/11
Page 4 of 24
Exhibit 7
2.2 Political Activity. The political activities of City employees must
conform to the pertinent provisions of state law.
2.3 Meet and Confer. The City Manager will negotiate those matters
which are subject to the "meet and confer" process as specified in Government
Code sections 3500 et seq. (also known as the Meyers-Milias-Brown Act or the
MMBA). For additional information, refer to Chapter 2.48 of the Carlsbad
Municipal Code and the City's Employer-Employee Relations Rules and
Regulations.
2.4 Violation of Rules. Violation of the provisions of these rules will be
grounds for suspension, reduction in pay, demotion, rejection, and dismissal, or
other disciplinary action.
2.5 Amendment and Revision of Rules. Recommendations for
amendments and revisions of these rules may be made by the City Manager.
The City Council will consider the proposed amendments and revisions at a duly
noticed public meeting. Prior to the City Council's consideration ofthe proposed
amendments and revisions, the City Manager will provide affected employee
organizations with written notice of the proposed amendments and revisions and
an opportunity to meet and confer (or, where applicable, meet and consult) as to
those matters that are within the scope of representation as defined by the
Meyers-Milias-Brown Act. Amendments and revisions will become effective upon
their adoption by the City Council.
3. CLASSIFICATION
3.1 Preparation of Classification Plan. All regular positions in the
classified service will be grouped into classifications and designated salary
ranges by resolution ofthe City Council. Each classification will include those
positions sufficiently similar in duties and responsibilities to require similar
standards of education, experience, knowledge, skills, and abilities. The Human
Resources Director will be responsible for preparing and maintaining
classification specifications for all positions. The specifications will include,
without limitation, a list of typical duties, and a statement ofthe minimum
qualifications required for appointment. All classification specifications will
describe duties which employees occupying positions in the classification may be
required to perform and will also include a statement that employees are not
precluded from being assigned other duties that are not listed on the
classification specification. Classification specifications are illustrative rather
than exhaustive. The listing of particular tasks does not preclude the assignment
of other tasks of related kind or character, or requiring lesser skills.
3.2 Adoption of Classification Plan. Before the classification plan or
any part of it will become effective, it must first be approved in whole or in part by
resolution of the City Council at a public meeting. Prior to submission of the
classification plan to the City Council for consideration, the City Manager will
provide affected employee organizations with written notice of the plan
components and an opportunity to meet and confer (or, where applicable, meet
and consult) as to those matters that are within the scope of representation as
defined by the MMBA. Upon adoption by the City Council, by resolution, the
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Exhibit 7
provisions ofthe classification plan will be observed in the handling of applicable
personnel actions and activities.
3.3 Administration and Maintenance of Classification Plan. The City
Manager will be responsible for administration and maintenance of the
classification plan. Periodically, the City Manager will review the classification
plan to ensure that it accurately reflects the duties and responsibilities ofthe
positions covered by it. The City Manager is authorized to make any
amendments or revisions to the classification plan that are budgeted or will not
result in a fiscal impact. All other amendments or revisions must be submitted to
the City Council for approval in the same manner described in section 3.2 above.
3.4 New Classifications. When a new classification is created, no
person may be appointed to fill a position in that classification until the
classification plan has been amended to include it. After the classification has
been included in the classification plan, positions in the classification will be filled
in accordance with these rules.
3.5 Reclassification. Positions, the duties of which have changed
materially so as to necessitate a reclassification, will be allocated to a more
appropriate classification, whether new or existing. An employee in a position
that is reclassified may be directly appointed to the reclassified position if the City
Manager determines that the employee is currently satisfactorily performing a
substantial amount ofthe duties and responsibilities ofthe reclassified position
and meets the minimum qualifications for the position. Reclassification may not
be used for the purpose of avoiding limitations surrounding demotions and
promotions.
4. PAY AND BENEFITS
4.1 Preparation of Pav Plan. The Human Resources Director will
prepare a pay plan covering all classifications in the classified service, showing
the minimum and maximum rates of pay. In determining the pay ranges, the
Human Resources Director will consider the prevailing rates of pay for
comparable work in other public agencies and in private employment as well as
the existing differences in the duties and responsibilities as set forth in the
classification plan. No position may be assigned a rate of pay higher than the
maximum or lower than the minimum rate of pay provided for that position's
classification.
4.2 Adoption of Plan. The Human Resources Director will submit the
proposed pay plan to the City Council for approval and adoption. After the pay
plan has been approved and adopted, the Human Resources Director will
periodically conduct further studies to determine if the pay ranges in the pay plan
remain appropriate. If the studies indicate that an amendment to the pay plan is
necessary, the Human Resources Director will submit the amended pay plan to
the City Council for approval and adoption. The Council will adopt or amend and
adopt the proposed plan.
4.3 Application of Rates.
4.3.1 Employees occupying a position in the classified service will
be paid at a rate within the pay range established in the pay plan for that
position's classification. Newly hired employees will be started at the minimum
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Exhibit 7
rate of pay for their position's classification unless the City Manager determines
that qualified applicants are not available at the minimum rate of pay or that an
applicant has special qualifications that justify a higher rate of pay.
4.3.2 A transfer will not affect an employee's rate of pay.
4.3.3 Employees reemployed after layoff will receive a rate of pay
within the pay range established for the classification of the position in which they
are reemployed.
4.4 After January 1, 2014, all advancements within a pay range for
CCEA represented employees will be governed by the Pay for Performance
Guidelines as outlined in the CCEA MOU. All non-CCEA represented employees
will be advanced in their pay ranges according to the following process:
Advancement Within a Pav Range. Employees will be considered for pay
adjustments within the pay ranges for their respective positions in accordance
with the following schedule:
(a) Step 2 - at the satisfactory completion of the probationary
period in Step 1.
(b) Step 3 - at the satisfactory completion of one year of service
in Step 2.
(c) Step 4 - at the satisfactory completion of one year of service
in Step 3.
(d) Step 5 - at the satisfactory completion of one year of service
in Step 4.
Advancements to Step 2 through 5 will be approved by the City
Manager following approval by the Human Resources Director and the
employee's manager. Any non-probationary employee may be advanced to the
next higher step in the pay range regardless ofthe length of time served at the
employee's present step. This advancement requires the written
recommendation of the employee's manager and the approval of the employee's
department head and the City Manager. Approved step increases will be
effective on employee's anniversary date.
4.5 Promotion or Advancement in Rate of Pay. When an employee is
promoted, the employee will be advanced to the lowest step in the higher range
which will provide at least one step increase in pay, except that the employee
cannot be advanced beyond the highest step in the higher pay range.
4.6 Out of Classification Compensation. Fire safety employees are
authorized out of classification compensation of a minimum of five percent (5%)
above a member's existing salary for each occasion the member is employed out
of classification; such compensation to commence following the first four hours of
employment out of classification. Assignment of employees to out of
classification service will be at the sole discretion ofthe Fire Chief Other
classified employees out of classification compensation, if applicable, will be
governed by the employee's MOU.
4.7 Deferred Compensation. The City will provide for a Deferred
Compensation Plan in which the employees will have the option to participate.
The City reserves the right to accept or reject any particular plan administrator or
plan feature and to impose specific conditions upon participation in the plan.
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Exhibit 7
Benefits under such plans will be determined through the meet and confer
process and memorialized in the applicable Memoranda of Understanding.
4.8 Compensation Procedure All employees will submit a time sheet
listing the total number of normal and approved overtime hours worked at the
end of each pay period to their supervisor. The time sheet will indicate any
absences and type or designation of absence. Absences, suspensions, etc., for
which no payment has been authorized will be deducted from the normal
biweekly salary on the basis of 26 pay periods per year. Similarly, salary for
working periods of less than normal, as in the case of new employees,
terminated employees, leaves of absence without pay, etc., will be computed on
the basis ofthe biweekly or hourly rate less the number of working days of
absence.
5. APPLICATIONS AND APPLICANTS
5.1 Announcements. All examinations for classifications in the
classified service will be publicized by posting announcements on official bulletin
boards and by any other methods the Human Resources Director deems
advisable. The announcements will specify the title and pay of the classification
for which the examination is announced; the nature of the work to be performed;
the qualifications for the performance of the work of the classification; the manner
of applying; and other pertinent information.
5.2 Application Forms. Applications must be made on forms provided
by the Human Resources Department. The forms will require the applicants to
provide information regarding their training and experience as well as other
pertinent information.
5.3 DisQualification. The Human Resources Director will reject any
application that contains false or misleading statements, that indicates the
applicant does not possess the qualifications required for the position, or that
indicates the applicant is not authorized to work in the United States.
Applications may also be rejected for other reasons permitted by local, state,
and/or federal law.
6. EXAMINATIONS
6.1 General Nature and Types of Examinations. The following three
types of examinations may be used by the City to establish employment lists:
6.1.1 Open-Competitive Examination, which is an examination for
a particular classification that is open to all persons meeting the prerequisites for
the classification.
6.1.2 Continuous Examination, which is an open-competitive
examination that is open continuously, allowing new individuals to be added to an
applicable employment list on an ongoing basis.
6.1.3 Promotion Examination, which is an examination for a
particular classification that is open only to current regular or probationary
employees who meet the prerequisites for the classification.
Examinations of ability to perform job related duties may include
oral, written, performance, physical/mental fitness, and training/experience
evaluations. In addition, evaluations of past work performance, work samples,
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Exhibit 7
personal interviews, and background investigations may be used in the
examination process. Examinations will be based on merit and designed to
provide equal opportunity to all applicants by being based on an analysis of the
essential job-related requirements for the classification and covering only factors
relating to these requirements.
6.2 Conduct of Examination. Based on the needs of the service, the
Human Resources Director will determine when and what type of examination
will be conducted, whether open-competitive, continuous, or promotional. The
Human Resources Director is also responsible for administering the examination
process, including determining the method and manner of conducting
examinations.
6.3 Scoring Examinations and Rating Applicants. A candidate's
eligibility will be determined based on all elements of the examination process.
Upon completion ofthe examination process, candidates will be rated as either
"highly qualified," "qualified," "satisfactory," or "unsatisfactory." Candidates rated
as "unsatisfactory" will not be placed on the employment list for the classification
for which the examination was conducted.
6.4 Notification of Examination Results and Review of Papers.
Applicants taking an examination, if successful, will be given written confirmation
of their eligibility. Applicants will have the opportunity to inspect their own
examination papers within five (5) business days after the notices of examination
results are mailed. Any error in computation, if called to the attention ofthe
Human Resources Director within this period and confirmed, will be corrected.
The correction will not, however, invalidate any appointments previously made.
7. EMPLOYMENT LISTS
7.1 Employment Lists. As soon as possible after the completion of an
examination, the Human Resources Director will prepare and keep available an
employment list consisting of the names of applicants who qualified in the
examination. The final examination result will be determined by the total of the
scores received by each applicant during the examination process, based upon
the relative value assigned to each part of the examination before the
examination is given.
There are two types of employment lists:
7.1.1 An open-competitive list, which is a list of names of persons
who have taken an open-competitive or continuous examination for a
classification and are eligible for employment in that classification because they
received a rating of "highly qualified," "qualified," or "satisfactory" during the
examination process.
7.1.2 A promotional employment list, which is a list of names of
employees who have taken a promotional examination for a classification and
are eligible for promotion or transfer to that classification because they received a
rating of "highly qualified," "qualified," or "satisfactory" during the examination
process.
7.2 Duration of Lists.
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Exhibit 7
7.2.1 Promotional employment lists will remain in effect for one
year, unless sooner exhausted. The Human Resources Director may extend the
duration ofthe list for up to one (1) additional year.
7.2.2 Open-employment lists, except those for which the City
conducts continuous examinations, will remain in effect for up to one (1) year,
unless sooner exhausted.
7.2.3 In the case of open employment lists for classifications for
which the City conducts continuous examinations, new names will be merged
with existing names according to rating band and eligible candidates will remain
on the list for not more than one (1) year.
7.3 Reemployment Lists. The names of probationary and regular
employees who have been laid off will be placed on appropriate reemployment
lists in the order of their seniority. The names will remain on the lists for one (1)
year, unless they are reemployed before then. When a reemployment list is to
be used to fill vacancies, the Human Resources Director will certify from the top
of the list the number of names equal to the number of vacancies to be filled, and
the appointing authority will appoint these persons to fill the vacancies.
7.4 Removal of Names From List. The name of any person appearing
on an employment, reemployment, or promotional list will be removed by the
Human Resources Director if the person requests removal, if the person fails to
respond to a notice mailed to the person's last known address, or for any other
reason permitted by these rules or by local, state, or federal law. In the latter
instance, the person will be notified of the removal by a notice mailed to the
person's last known address. The names of persons on promotional employment
lists who resign from the classified service will automatically be dropped from
these lists.
8. METHOD OF FILLING VACANCIES
8.1 Types of Appointment. All vacancies in the classified service will
be filled by reemployment, transfer, demotion, or from eligibles certified by the
Human Resources Director from an appropriate employment or promotional list.
In the absence of persons eligible for appointment in these ways, provisional
appointments may be permitted in accordance with the Personnel Ordinance and
these rules.
8.2 Notice to Human Resources Director. Whenever a vacancy in the
classified service is to be filled, the appointing authority will notify the Human
Resources Director. The Human Resources Director will advise the appointing
authority as to the availability of employees for reemployment, requested
transfers, or demotion, and of eligibles on employment or promotional lists for the
classification.
8.3 Certification of Eligibles. The appointing authority will indicate their
desire to fill the vacancy by reemployment, transfer, or demotion, or from a
promotional or employment list. If appointment is to be made from an
employment or promotional list, the names of all persons eligible for appointment
will be certified.
8.4 Order of Certification. Whenever certification is to be made, the
employment lists, if each exists, will be used in the following order: reemployment
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Exhibit 7
list, promotional list, open-competitive list. Whenever there are fewer than three
names on a promotional list or an open-competitive list, the appointing authority
may make an appointment from among these eligibles or may request that the
Human Resources Director hold a new examination and establish a new
employment list.
8.5 Appointment. After interview and investigation, the appointing
authority will make appointments from among those certified and will immediately
notify the Human Resources Director ofthe person or persons appointed. The
Human Resources Director will then notify the person appointed. If the person
accepts the appointment and appears for duty within the time specified by the
appointing authority, the person will be considered appointed; othen^/ise, the
person will be considered to have declined the appointment.
8.6 Provisional Appointments. In the absence of appropriate
employment lists, a provisional appointment of a person meeting the minimum
training and experience qualifications for the position may be made by the
appointing authority. An employment list will be established within six months for
any regular position filled by provisional appointment. The City Manager may
extend the period for any provisional appointment up to thirty days at a time, not
to exceed an additional three months. No credit will be allowed in meeting any
qualification or in the giving of any test or the establishment of any employment
or promotional lists, for service rendered under a provisional appointment.
8.7 Emergency Appointments. To meet the immediate requirements of
an emergency condition or natural disaster, such as extraordinary fire, flood, or
earthquake, which threatens public life or property, the City Manager or a
designee may employ such persons as may be needed for the duration ofthe
emergency without regard to the Personnel Ordinance or rules affecting
appointments. As soon as possible, the appointments must be reported to the
Human Resources Director. Emergency appointments end when the emergency
ends. Consequently, persons who are given emergency appointments are not in
the classified service.
9. PROBATIONARY PERIOD
9.1 Regular Appointment Following Probationary Period. All original
appointments in the classified service will be subject to a probationary period of
not less than one year of actual service. All promotional appointments will be
subject to a probationary period of not less than six months of actual service,
excepting police and fire safety employees. Promotional probation for police and
fire safety employees will be one year. For police officers, the probationary
period commences on the date they are sworn in as officers. For all other
employees, the probationary period commences on the first day of assignment to
their position. An unpaid leave of absence during the probationary period
lengthens the probationary period by the number of calendar days of the leave of
absence.
9.2 Obiective of Probationary Period. The probationary period will be
regarded as a part of the examination process and will be utilized for closely
observing the employee's work performance, for securing the most effective
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Exhibit 7
adjustment of a new employee to the position, and for rejecting any probationary
employee whose performance does not meet the required standards of work.
9.3 Retention of Probationary Employee. If the performance of the
probationary employee has been satisfactory, the appointing authority will file a
written authorization with the Human Resources Director to retain the employee
and change the employee's status from probationary to regular. If an
authorization is not filed, the employee's performance will be deemed satisfactory
and the employee's status will change from probationary to regular on the
employee's anniversary date.
9.4 Reiection of Probationary Employee. Any time during the
probationary period, an employee may be rejected by the appointing authority
without cause and without the right of appeal. Notification of rejection in writing
will be given to the probationary employee and a copy filed with the Human
Resources Director.
9.5 Reiection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment will be reinstated to the
position from which the employee was promoted unless charges are filed and the
employee is discharged for cause in the manner provided in the Personnel
Ordinance and these rules for positions in the classified service.
10. ATTENDANCE AND LEAVES
10.1. Annual Vacation Leave. The purpose of vacation is to enable each
eligible employee to take time off from work and return to work mentally
refreshed. All probationary and regular City employees in the classified service
will be entitled to take accrued vacation with pay except employees who have
served less than six months in the service of the City. Vacation accrual rates for
eligible employees will be determined through the meet and confer process and
memorialized in the applicable Memoranda of Understanding.
10. 2. Determination of Vacation Benefits. Employees who work less than
full time, but more than one thousand (1,000) hours a year, will be credited
vacation on a prorated basis. For the purposes of computing vacation accrual,
employment is considered to have commenced on the first day of assignment to
a position. The times during a calendar year at which an employee may take
vacation will be determined by the department head with due regard for the
wishes of the employee and particular regard for the needs of the service.
Regular employees who terminate employment will be paid for all vacation
accrued prior to the effective date of termination not to exceed the maximum
accrual amount as specified in the employee's MOU. Termination of employment
terminates continuity of service for vacation benefits.
10.3 Compensatory Time Off. Any employee in the classified service
may request compensatory time off for overtime worked at a rate of one and one
half the overtime hours worked. Accrual and use of compensatory time off in lieu
of overtime pay will be determined in accordance with the provisions of the
applicable Memoranda of Understanding.
10.4 Sick Leave. Sick Leave will be governed by the provisions below
unless otherwise determined through the meet and confer process and
memorialized in the applicable Memoranda of Understanding.
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Exhibit 7
10.4.1 All probationary and regular employees in the
classified service will accrue sick leave on a biweekly basis at the rate of eight (8)
hours for each continuous calendar month of service. Reduced-time probationary
and regular employees will accrue sick leave on a prorated basis. 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.
10.4.2 Employees may use sick leave: (1) to recuperate
from or receive treatment for their own 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 appointment.
For the purpose of these rules, the term "family
member" includes a spouse, domestic partner, child, grandchild, member of
immediate household, sibling, parent, or grandparent whether biological, foster,
step, adopted, or in-law. It also includes any person who has served in place of
a parent to the employee, or any person for whom the employee has served in
place of a parent. The term "child" means a biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or a child of a person
standing in loco parentis. The term "parent" means a biological, foster, or
adoptive parent, a stepparent, or a legal guardian.
10.4.3 Any employee who is absent because of a personal
injury or illness or the injury or illness of a family member must notify the
employee's supervisor as early as practicable on the first day of the absence, or
as soon thereafter as possible. 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.
10.4.4 When the period of absence is for three consecutive
workdays or less, the City may accept the employee's justification as to the
reason for absence. If an absence is for more than three consecutive workdays
and/or if it is covered by workers' compensation, the pregnancy disability
provisions of the California Fair Employment and Housing Act, the California
Family Rights Act, or the federal Family and Medical Leave Act, the City may
require the employee to provide medical certification supporting the need for the
absence.
10.4.5 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.
10.4.6 An employee making a blood donation without being
paid a fee will be given a 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.
10.4.7 Holidays occurring during sick leave will not be
counted as sick leave. Sick leave may not be used for vacation, nor
compensated for in cash, except as provided in section 10.6 below.
Notwithstanding anything in this section to the contrary, local safety
employees are not entitled to sick leave for any job related illness, injury or other
occurrence which entitles the employee to benefits under section 4850 of the
Labor Code (hereinafter '4850 benefits'). The City Manager may authorize use
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Exhibit 7
of sick leave after 4850 benefits are exhausted for job related illness or injury if
he/she determines that:
(a) The injury is not permanent and stationary.
(b) The use of sick leave will not extend the effective date
of the employee's retirement.
(c) The employee is disabled from the performance of
his/her duties and there is a reasonable probability he/she may return to work
within a reasonable amount of time.
10.5 Occupational Injuries or Illnesses.
10.5.1 A regular employee who is not covered by Section
4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for the number of calendar days
as designated in the applicable Memoranda of Understanding. If the employee
continues to be temporarily unable to work after the designated number of days,
the employee will receive workers' compensation temporary disability payments
as provided in the Labor Code. To the extent that these benefits are less than
the employee's full regular pay, the employee must supplement them by using
accrued 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.
10.5.2 A regular employee who is covered by Section 4850
of the Labor Code and who is temporarily unable to work due to an occupational
injury or illness will receive full pay for up to one year as provided in that section
("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
retired, the employee will receive workers' compensation temporary disability
benefits as provided in the Labor Code. To the extent these benefits are less
than the employee's full regular pay, the employee must supplement them by
using accrued 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.
10.5.3 Nothing in this section precludes the City from taking
appropriate action in the event of abuse of sick leave.
10.6 Sick Leave Conversion.
10.6.1 During the first pay period of each fiscal year, any
regular employee may convert sick leave time to vacation as determined through
the meet and confer process and memorialized in the applicable Memoranda of
Understanding.
10.6.2 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 California Government Code section
20965.
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Exhibit 7
10.7 Military Leave of Absence. Unless as otherwise provided for in
local, state or federal law, military leave of absence will be governed by the
provisions set forth below.
10.7.1 An employee who is a member of the reserve corps of
the Armed Forces of the United States or ofthe National Guard or the Naval
Militia and who is ordered to military duty for active military training, inactive duty
training, encampment, naval cruises, special exercises, or similar activities will be
granted a temporary military leave of absence for the period of ordered duty,
including the time going to and returning from that duty as provided for by state
and federal law.
10.7.2 An employee who has been in the service of City for
at least one year prior to the commencement of a leave of absence for inactive
duty training will receive full pay for the first fifteen (15) calendar days of the
leave.
10.7.3 An employee who has been in the service of City for
at least one year prior to the commencement of a leave of absence for other than
inactive duty training will receive full pay for the first thirty (30) calendar days of
the leave.
10.7.4 Notwithstanding sections 10.7.2 and 10.7.3 above, an
employee will not be paid for more than thirty (30) days of military leave in any
one (1) fiscal year.
10.7.5 For purposes of this section, in determining whether
an employee has been in the service of the City for at least one year, all service
by an employee in the Armed Forces of the United States or of the National
Guard or the Naval Militia that occurs during employment with the City will be
counted as City service.
10.8 Jury Duty. An employee who is called for jury duty will be granted a
leave of absence during the period of jury service. The City will continue to pay
employees their regular rates of pay during the leaves.
10.9 Leaves of Absence for Iniuries or Illnesses. Upon written
request, the City Manager may grant a regular employee a leave of absence. If
approved, a copy ofthe request and the approval will be filed with the Human
Resources Department.
10.9.1 Occupational Iniuries or Illnesses.
10.9.1.1 A regular employee who is covered by Section
4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for up to one year as provided in
that section ("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 retired, the employee will receive workers' compensation temporary disability
benefits as provided in the Labor Code. To the extent these benefits are less
than the employee's full regular pay, the employee must supplement them by
using accrued sick leave, vacation, and/or compensatory time to reach the
amount equal to the employee's full regular pay until the employee's leave
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Exhibit 7
balances reach zero, at which time the employee would commence an unpaid
leave of absence.
10.9.1.2 A regular employee who is not covered by
Section 4850 of the Labor Code and who is temporarily unable to work due to an
occupational injury or illness will receive full pay for the number of calendar days
as designated in the applicable Memoranda of Understanding. If the employee
continues to be temporarily unable to work after the designated number of_days,
the employee will receive workers' compensation temporary disability payments
as provided in the Labor Code. To the extent that these benefits are less than
the employee's full regular pay, the employee must supplement them by using
accrued 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.
10.9.2 Non-Occupational Iniuries or Illnesses.
10.9.2.1 A regular 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
must supplement them by using accrued 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.
10.9.2.2 Leaves of absence for pregnancy-related
disabilities will be handled in the same manner as leaves of absence for non-
occupational injuries or illnesses, subject to the pregnancy disability provisions of
the California Fair Employment and Housing Act.
10.9.3 Bereavement Leave. In the event of the death of an
employee's family member. Bereavement Leave for eligible employees will be
determined through the meet and confer process and memorialized in the
applicable Memoranda of Understanding. An employee who is absent because
of the death of a family member must notify the employee's supervisor as soon
as possible on the first day of the absence.
For the purpose of this section, the term "family member" includes a
spouse, domestic partner, child, grandchild, member of immediate household,
sibling, parent, or grandparent whether biological, foster, step, adopted, or in-law.
It also includes any person who has served in place of a parent to the employee,
or any person for whom the employee has served in place of a parent. The term
"child" means a biological, foster, or adopted child, a stepchild, a legal ward, a
child of a domestic partner, or a child of a person standing in loco parentis. The
term "parent" means a biological, foster, or adoptive parent, a stepparent, or a
legal guardian.
10.9.4 Unpaid Leave of Absence.
10.9.4.1 Prior to commencing an unpaid leave of
absence, the employee must exhaust all accrued vacation and compensatory
time and, if applicable, all accrued sick leave. Once the employee has been on
an unpaid leave of absence for two full pay periods, the employee will cease
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Exhibit 7
accruing sick leave and vacation. In addition, the employee's vacation
anniversary date and salary anniversary date will be extended for each calendar
day the unpaid leave of absence extends beyond the first two full pay periods
unless otherwise prohibited by law. Accruals of sick leave and vacation will
resume on the first day of the first full pay period after the employee has returned
to work.
10.9.4.2 To the extent permitted by law, upon notice to
the employee by the City, a leave of absence under this article will run
concurrently with any leave of absence an employee is entitled to receive under
the California Family Rights Act or the federal Family and Medical Leave Act.
10.9.4.3 Failure of an employee to promptly return to
work at the conclusion of an unpaid leave of absence, or within a reasonable
time after notice to return to duty, will be cause for discharge.
10.10 Hours of Operation. The City will determine the hours of operation
and appropriate staffing levels necessary to achieve its mission, vision, values,
goals and objectives. The hours of operations and staffing levels may vary by
facility, major service area, and/or department.
10.11 Other Employment. No City employee is permitted to have outside
employment that is inconsistent or incompatible with City employment. An
employee who desires to have outside employment must first obtain written
approval from the employee's department head and the City Manager on a form
provided by the Human Resources Department.
10.12 Attendance. Employees must be in attendance in their work in
accordance with the rules regarding hours of work, holidays, and leaves. All
departments will keep daily attendance records, which will be reported to the
Finance Department in the form and on the dates prescribed by the Finance
Department.
10.13 Holidays. Municipal offices will be closed on days designated as
holidays by City Council resolution.
When a City Council authorized holiday falls on Sunday, the holiday
will be observed on the following Monday. When a City Council authorized
holiday falls on Saturday, the holiday will be observed on the preceding Friday.
Employees will receive holiday pay in accordance with the provisions of the
applicable Memoranda of Understanding.
10.14 Overtime.
10.14.1 Application. Any full-time employee in the classified
service renders service beyond the employee's normal work week (or work
period, if applicable) will be paid overtime pay for the additional service at one
and one-half times the employee's regular hourly rate as determined by the
FLSA. Reduced time regular employees will be paid overtime for hours worked
in excess of forty (40) in a work week. Overtime pay will be included in the
paycheck for the pay period in which the overtime service was performed.
Accrual and use of compensatory time off in lieu of overtime pay will be
determined in accordance with the provisions of the applicable Memoranda of
Understanding.
10.14.2 Administration of Overtime. The smallest unit of time
credited as overtime will be one-quarter (1/4) hour for any pay period. Overtime
6/18/11
Page 17 of 24
Exhibit 7
worked that is less than one-quarter (1/4) hour during a pay period will be
disregarded and may not be accumulated except for calculating whole hours
within the pay period. The department head will report all overtime or
compensatory time on Finance Department time and pay records.
11. CHANGES IN EMPLOYMENT STATUS
11.1 Changes in Employment Status. Changes in employment status will
be governed by the provisions below unless otherwise provided through the meet
and confer process and memorialized in the applicable Memoranda of
Understanding.
11.2 Transfer. After notice to the City Manager and the Human
Resources Director, an employee may be transferred by the appointing authority
at any time from one position to another position in the same or comparable
classification. If the transfer involves a change from one department to another,
both departments must consent to the transfer unless the City Manager orders
the transfer for purposes of economy or efficiency. A transfer may not be used to
effectuate a promotion, demotion, advancement, discipline, or a reduction in pay,
each of which may be accomplished only as provided in the Personnel
Ordinance and in these rules or the applicable Memoranda of Understanding. No
person will be transferred to a position for which the person does not possess the
minimum qualifications.
11.3 Promotion. Insofar as practicable and consistent with the best
interest of the service, all vacancies in the classified service will be filled by
promotion from within after a promotional examination has been given and a
promotional list established. If, in the opinion ofthe appointing authority, the
needs of the City require it, a vacancy may be filled by open-competitive
examination instead of a closed promotional examination.
11.4 Demotion. The appointing authority may demote an employee
whose ability to perform required duties falls below standard, for disciplinary
purposes, or in lieu of layoff. In addition, demotion to a vacant position may be
made at an employee's request, with the consent of the prospective supervisor.
No employee will be demoted to a position for which the employee does not
possess the minimum qualifications. Written notice ofthe demotion will be given
to the employee before the effective date of demotion, and a copy of the notice
will be filed with the Human Resources Director.
11.5 Suspension. The appointing authority may suspend an employee
without pay, or reduce the pay of an employee in lieu of a suspension without
pay, for discipline or for other just cause. Suspension without pay may not
exceed thirty (30) days in any instance. A suspension without pay, or a reduction
in pay in lieu of a suspension without pay, must be reported immediately to the
Human Resources Director by the appointing authority.
11.6 Reinstatement. With the approval of the appointing authority, an
employee who has resigned with a good record may be reinstated within two
years to a vacant position in the same or comparable classification. Upon
reinstatement, the employee will, for all purposes be considered as an original
appointee.
6/18/11
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Exhibit 7
11.7 Discharge. The appointing authority may discharge an employee
for disciplinary purposes or for other just cause after notifying and consulting with
the Human Resources Department.
11.8 Reductions in Force.
11.8.1 Notice to Affected Employees. The appointing
authority may lay off an employee in the classified service because of material
change in duties or organization or shortage of work and funds. Except as
othen/vise required by federal or state law applicable to reductions in force, at
least ten (10) business days prior to the effective date of a reduction in force, the
appointing authority will notify the Human Resources Director of the intended
action and provide a written statement certifying whether or not the services of
the employee have been satisfactory. A copy of such notice will be given the
employee affected. If certified as having given satisfactory service, the name of
the employee laid off will be placed on the appropriate reemployment list as
provided by these rules.
11.8.2 Reduction in Force Procedures. The following
procedures will apply to all probationary and regular city employees in the event
of a reduction in the City work force.
11.8.2.1 Definitions. The following definitions apply to
these procedures:
11.8.2.1.1 "City Service Seniority" means the
period of total continuous service with the City as measured from the date of
original appointment.
11.8.2.1.2 "Classification Seniority" means the
period of total continuous service of an employee in the present classification as
measured from the date of appointment to that classification.
11.8.3 Reduction in Force - Layoff. Whenever there is a
reduction in the force, the City will layoff employees within a classification
according to City service seniority. Employees with the least continuous City
service within a classification will be laid off first.
11.8.4 Reduction in Force - Demotion. Whenever there is a
reduction in force and demotion of employees becomes necessary, the City will
determine among those employees scheduled to be laid off, those employees
with the greatest length of continuous City service. The employee will be
demoted to any classification for which he/she has been determined to be
currently qualified and in which a vacancy exists. An employee may refuse to
accept a demotion and accept layoff without jeopardizing reemployment rights
OthenA/ise provided for in this procedure.
11.8.5 Notification. Except as othen^/ise required by state or
federal law applicable to reductions in force, whenever there is a reduction in
force, the City will send written notice to the last known address of each
employee affected by a layoff. The notice will include the (1) reason for layoff,
(2) classifications to which the employee may demote within the City, if any, (3)
effective date of action, (4) conditions governing retention on and reinstatement
from reemployment lists, and (5) rules regarding waiver of reinstatement and
voluntary withdrawal from reemployment lists.
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Exhibit 7
11.8.6 Determining Length of Seniority. In determining
continuous City service seniority, all uninterrupted employment from the
employee's original date of hire, including periods of authorized paid leaves of
absence or other authorized leave pursuant to state or federal law, and all
periods of time served as a limited term employee, but excluding periods of
unauthorized leaves of absence in excess of two pay periods, will be counted as
continuous City service seniority.
11.8.7 Order of Reduction in Force. In a reduction in force
the following order of layoffs will be followed: (1) part-time, temporary and
provisional employees in the affected classification series; (2) limited term
employees in reverse order of their seniority in the affected classification series;
(3) City probationary employees in reverse order of their classification seniority in
the affected classification series; (4) should there be need for further reduction,
regular employees in the affected classification series will be given the
opportunity to accept or refuse demotion as previously described in subsection
11.8.4 in reverse order of their classification seniority; (5) should a reduction in
force still be necessary, regular employees will be laid off in reverse order of their
classification seniority.
11.8.8 Determining Order of Layoff and Demotion for
Employees with Identical Seniority. Should two or more employees have
identical seniority, the order of layoff and demotion will be determined by lottery.
11.8.9 Transfer. All effort will be made by the City to transfer
any employee who is to be affected by a reduction in force to another vacant
position for which the employee may qualify.
11.8.10 Order and Method of Demotion Pursuant to a
Reduction in Force - Bumping. When required due to a reduction in force,
employees will be demoted in the following manner:
11.8.10.1 Employees who are demoted, who have held
regular status in a lower classification will have the right to bump employees of
lesser City service seniority in that lower classification.
11.8.10.2 Employees who have not actually held status
in a lower classification will be allowed to demote to a vacant position or to a
position held by a City probationary employee in a lower classification, if qualified
for the lower classification, but may not bump regular City employees already in
the lower classification.
11.8.11 Reinstatement of Employees Demoted as a Result of
a Reduction in Work Force. Employees who are demoted as a result of a
reduction in force will have their names placed on a reinstatement list, in the
order of their City service seniority. Vacant positions in which an employee has
served within a classification series will first be offered to employees on this list.
11.8.12 Reemployment of Employees Laid Off as a Result of
a Reduction in Force. Employees who are laid off and who held regular City
status at the time of layoff will have their names placed on a reemployment list
for classifications at the same or lower salary range for which they qualify in the
order of their classification seniority. Vacant positions in the classifications will be
offered to eligibles on the reemployment list who qualify for the vacancies prior to
an open or promotional recruitment.
6/18/11
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Exhibit 7
11.8.13 Duration of Reinstatement and Reemployment Lists.
The eligibility of individuals on the reinstatement and reemployment lists will
extend for a period of two (2) years from the date of demotion or layoff. Eligibles
not responding to written notification of an opening after ten (10) business days
will have their names removed from the lists.
11.8.14 Restoration of Benefits. Upon Reemployment
Following, a Reduction in Force. Upon reemployment following a reduction in
force, an individual will have the following benefits restored:
(a) Prior sick leave accruals.
(b) City service seniority at time of layoff for purposes of
determining merit or step increases, vacation accruals and future reduction in
force.
(c) The rate of pay of an employee who is re-employed
will be based on the pay plan in effect at the time of reemployment. If the
employee chooses to be reemployed in a classification which has a pay range
lower than the classification from which the employee was laid off, then the rate
of pay will be at the "E" step in the pay range for the lower classification..
11.8.15 Payoff of Accruals Upon Layoff. Laid off employees
are to be paid for all accrued holiday, vacation, compensatory time and overtime
when separated as a result of a layoff. The sick leave accruals of the employee
will remain on the books and will be reinstated if the employee is reappointed
within two years form the date of layoff.
11.8.16 Retirement Contribution. The disposition ofthe
reemployment contributions of a laid off employee will be governed by the
provisions of the California Public Employees' Retirement Law (California
Government Code sections 20000 et seq.).
11.9 Resignations. An employee wishing to leave the City's service in
good standing will submit a written resignation to the appointing authority stating
the effective date and reasons for leaving. The resignation should be submitted
at least two weeks before leaving the service, unless the time limit is waived by
the appointing authority. The resignation will be forwarded to the Human
Resources Department. Failure to give notice as set forth by this rule may be
cause for denying future employment with the City.
12. GRIEVANCE PROCEDURES
12.1 Purpose. The purposes of the Grievance Procedure of the City of
Carlsbad are:
(a) To promote improved employer-employee relations by
establishing grievance procedures on matters for which appeal or hearing is not
provided by other regulations.
(b) To assure fair and equitable treatment of all employees and
promote harmonious relations among employees, supervisors and management.
(c) To encourage the settlement of disagreements informally at
the employee-supervisor level and provide an orderly procedure for handling
grievances throughout the several supervisory levels where necessary.
(d) To provide that grievance meetings will be conducted as
informally as possible.
6/18/11
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Exhibit 7
(e) To resolve grievances as quickly as possible and correct, if
possible, the cause of grievances, thereby reducing the number of grievances
and future similar complaints.
(f) This grievance procedure is applicable to classified
employees in each department of the City of Carlsbad, unless superseded by a
Memorandum of Understanding.
12.2 Reviewable and Nonreviewable Grievances.
12.2.1 To be reviewable under this procedure, a grievance
must:
(a) Concern matters or incidents that have occurred.
(b) Result from an act or omission by management
regarding working conditions or other matters over which the head ofthe
department has control.
(c) Arise out of a specific situation, act or acts considered
to be unfair which result in inequity or damage to the employee.
(d) Arise out of an interpretation and application of the
Personnel Rules and Regulations or an applicable Memoranda of Understanding.
12.2.2 A grievance is not reviewable under this procedure if:
(a) It is a matter which would require the modification of a
policy established by the City Council or by law.
(b) It is reviewable under some other administrative
procedure and/or rules of the City of Carlsbad, such as:
(i) Applications for changes in title, job
classifications or salary.
(ii) Appeals from formal disciplinary proceedings.
(iii) Appeals from work performance evaluations.
(iv) Items identified in these rules or in an
applicable Memoranda of Understanding as nongrievable.
12.3 Special Grievance Procedure Provisions. The following special
provisions apply to the grievance procedure.
12.3.1 Procedure for Presentation. In presenting a
grievance, an employee must follow the sequence and the procedure outlined in
subsection 12.4 below.
12.3.2 Prompt Presentation. The employee will discuss the
grievance with an immediate supervisor promptly after (i.e., when the employee
knew or should have known) the act or omission of management causing the
grievance.
12.3.3 Prescribed Form. The written grievance will be
submitted on a form prescribed by the Human Resources Director for this
purpose.
12.3.4 Statement of Grievance. The grievance will contain a
statement of:
(a) The specific situation, act or acts considered to be
unfair and the reasons why.
(b) The inequity or damage suffered by the employee.
(c) The relief sought.
6/18/11
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Exhibit 7
12.3.5 Employee Representative. The employee may
choose a representative at any step in the procedure. The person hearing the
grievance need not allow more than one employee representative for any step in
the grievance process, unless the person hearing the grievance so desires.
12.3.6 Interested Parties. There will be no limit placed upon
the number of interested parties who may provide information during the hearing
of a grievance at any step of the grievance procedure.
12.3.7 Handled During Working Hours. Whenever possible,
grievances will be handled during the regularly scheduled working hours ofthe
parties involved.
12.3.8 Extension of Time. The time limits within which action
must be taken or a decision made as specified in this procedure may be
extended by mutual written consent of the parties involved. A statement of the
duration ofthe extension of time must be signed by both parties involved at the
step to be extended.
12.3.9 Consolidation of Grievances. If the grievance involves
a group of employees or if a number of employees file separate grievances on
the same matter, the grievances will be handled as a single grievance.
12.3.10 Settlement. Any grievance will be considered settled
at the completion of any step if all parties are satisfied or if neither party presents
the matter to a higher authority within the prescribed time.
12.3.11 Reprisal. The grievance procedure is intended to
assure a grieving employee the right to present a grievance without fear of
disciplinary action or reprisal, provided the provisions ofthe grievance procedure
are observed. Copies of grievance forms will not be placed in employee
personnel records but will be maintained in separate files in the Human
Resources Department.
12.4 Grievance Procedure Steps. The procedural steps for submitting
a grievance for consideration and action are set forth in the applicable
Memoranda of Understanding.
13. TRAINING AND EDUCATION BENEFITS
13.1 Training and Education.
13.1.1 Responsibilitv for Training. The city encourages
training programs for employees. Responsibility for developing training programs
for employees will be assumed jointly by the Human Resources Director and
department heads. These training programs may include lecture courses,
demonstrations, assignments of reading matter, or other available methods for
improving the effectiveness and broadening the knowledge of municipal officers
and employees in the performance of their respective duties.
13.1.2 Credit for Training. Participation in and successful
completion of special training courses may be considered in making
advancement and promotions. Evidence of this activity must be filed by the
employee with the Human Resources Director.
13.2 Employee Education and Tuition Reimbursement.. Employee
education and tuition reimbursement will be determined in accordance with
Administrative Order 60.
6/18/11
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Exhibit 7
14. REPORTS AND RECORDS
14.1 Roster Cards. The Human Resources Director will maintain a
record for each employee in the service of the City showing the name, title of
position held, the department to which assigned, salary, changes in employment
status, and such other information as may be considered pertinent.
14.2 Change of Status Report. Every appointment, transfer, promotion,
demotion, change in status of employees must be reported in writing to the
Human Resources Director.
15. RULES OF APPEAL TO HEARING OFFICER
15.1 Right of Appeal. Any employee in the classified service will have
the right to appeal to a hearing officer those disciplinary actions and grievance
decisions as provided in the applicable Memorandum of Understanding.
15.2 Method of Appeal and Procedures for Personnel Hearings. The
method of appeal and the procedures for personnel hearings will be consistent
with Administrative Order No. 70 and the applicable Memorandum of
Understanding.
6/18/11
Page 24 of 24
7(/
^rfgSB|Saii Die^o County
Taxpayers
Association
Taxpayers watchdog since 1945
All Receive - Agenda Item # ]j9-
For the Information of the:
CITY COUNCIL
ACM>:lCA J:£CC ^
Date City Manager^
707 Broadway, Suite 905, San Diego, CA 92101 • P: (619) 234-6423 • F: (619) 234-7403 • www.sdcta.org
June 18, 2013
The Honorable Matt Hall
Mayor
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Re: Support for Memorandum of Understanding with Carlsbad City Employee's Association
Dear Mayor Hall:
On behalf of the San Diego County Taxpayers Association (SDCTA), I would like to express our support
for the proposed Memorandum of Understanding (MOU) between the City of Carlsbad (City) and the
Carlsbad City Employee's Association (CCEA). While the entire MOU will have a minimal impact to the
City s budget, SDCTA strongly supports the inclusion ofthe proposed Pay for Performance guidelines.
The Pay for Performance guidelines would replace the current step and longevity increases currently
offered to CCEA employees. The current system allows for employees to receive salary increases based
on the length ot employment as opposed to rewarding employees based on the performance of their job
duties. SDCTA has advocated that City labor and hiring practices should include provisions that assist in
the acquisition and retention of the most qualified employees; likewise, policies and practices should
ensure that performance is reviewed on a regular basis to ensure that poorly performing employees are
trained and coached to improve their performance.
The proposed guidelines appear to be the first of their kind adopted by a municipality within the county,
and SDCTA hopes the City can be a model for other jurisdictions to ensure taxpayers are receiving the
best possible level of service.
We applaud the City and the CCEA for their work in agreeing to these guidelines and look forward to
reviewing the results ofthe agreement. If you have any questions, please feel free to contact me at (619)
234-6423 or felipe(§sdcta.org.
Sincerely,
Felipe Moni'oig
President and CEO
FIM/cjc
cc: Honorable City Council
Date: LC-IK-IS
Distribution:
City Clerk
Asst. City Clerk
Deputy Clerk
Book
John Coates
From:
Sent:
To:
Cc:
Subject:
Attachments:
Kristina Ray
Tuesday, June 18, 2013 2:43 PM
John Coates
Julie Clark; Charles McBride; Gary Barberio
Human Resources CCEA pfp system
Human Resources CCEA pfp system.docx
All Receive - Agenda Item #
For the Information of the:
CITY COUNCIL
ACM vlCA_v^CC V
Date ^f/^Citv Manager""^.
Attached Is a news release about the new CCEA pay for performance system. David Garrick from UTSan Diego may be
interested in writing an article about this later this week. If any Council members get calls from the media, they could
use the information in this release (as well as what was in the agenda packet) as background.
Date:
OiiMbutiMit
CiiyCieH<
Book
FOR IMMEDIATE RELEASE
June 19, 2013
City approves new 'pay-for-performance' agreement with employees
The Carlsbad City Council has approved a new agreement with the Carlsbad City
Employees' Association that includes a groundbreaking provision linking raises to
specific performance goals. The "pay for performance" provision is rare among public
agencies, and Carlsbad is the first city in San Diego County to implement such a system.
Although this is a first for any of Carlsbad's three employee bargaining units, city
management employees have had raises tied to performance since 1998, and the City
Council wanted to implement the same system for non-management employees. The
county of San Diego has a pay-for-performance system for its lawyers in the county
counsel's office.
The new two-year memorandum of understanding with the employees' association,
which the City Council approved Tuesday, June 18, includes an across-the-board 3
percent raise effective March 1, 2013, and a 3 percent raise effective Jan. 1, 2014.
Under previous agreements, employees received raises by advancing through steps on a
pay scale. The raises were negotiated between the city and the employees' association
and took effect automatically.
Beginning in 2014 the pay steps will be eliminated, and each position will have a set
minimum and maximum salary range. At the start ofthe year supervisors will meet with
each employee to set specific competencies and goals for the year, and raises will be
determined by how well employees attain those goals. The overall budget for the raises
effective Dec. 31, 2014, will be 4 percent, and actual raises will vary depending on an
employee's performance.
The year prior to negotiations leading up to the new agreement, the city and
employees' association formed a task force to study and implement an evaluation and
compensation system that will work best for the city and its employees, said City of
Carlsbad Human Resources Director Julie Clark.
"Our goal is to provide compensation that is fair and allows us to retain the best caliber
of employee for our city," Clark said. "It will also mean that the city will continue to
deliver the high quality of service that our residents have become accustomed to."
Pam Drew, and associate planner and president ofthe Carlsbad City Employees'
Association, said that the benefit of the new system for employees is that "it will allow
the employees to have more input into how they accomplish their jobs and the
resources they need to be more efficient."
"The program will allow the employees to feel that they are part of the process, which
will give employees the feeling of ownership and pride by working together to make the
city and organization better," Drew said.
The Carlsbad City Employees' Association represents 331 budgeted city employees. In
the previous MOU, which was in effect from Jan. 1, 2010, to Dec. 31, 2012, employees
received no raises and assumed the full 8 percent share of their pension contribution.
The city had previously had paid all but 1 percent ofthe employees' pension share.
The other two employee bargaining units represent city police officers and firefighters.
For more information
Julie Clark, 760-602-2438, |ulie.clark(a)carlsbadca.gov
City media contact
Kristina Ray, 760-434-2957, kristina.rav@carlsbadca.gov
Changes to the CCEA MOU
January 1, 2013 – December 31, 2014
Summary of CCEA Agreement
Year One Year Two
January 1, 2013 - December 31, 2013 January 1, 2014 - December 31, 2014
Salary 3% salary increase (retro to 3/1/13) 3% salary increase - 1/1/14
Move salary ranges Do NOT move salary ranges
BEGIN PAY FOR PERFORMANCE 1/1/14
4% salary matrix 12/31/14
Health 50/50 health increase (retro to 3/1/13) 50/50 health increase
Cafeteria plan
Other Contracting out language From 2 to 1 Floating Holidays 7/1/14
2
Pay for Performance System
•First of its kind in San Diego County
•Links employee salary increases to employee
performance evaluations
•Each employee’s salary increase percentage
determined by a pay for performance matrix
Pay for Performance Matrix
4
Overall Performance Rating
7-10 11-17 18-24 25-31 32-35
Salary Range Placement Unsatisfactory Improvement Needed Competent Commendable Exemplary
At or above salary range midpoint
0.0% 0.0% A% C% E%
Below salary range midpoint
0.0% 0.0% B% D% F%
Questions?