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HomeMy WebLinkAbout2015-02-10; City Council; 21852; Memorandum of Understanding Carlsbad City Employees' AssociationCITY OF CARLSBAD - AGENDA BILL 15 AB# 21,852 ADOPT RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) WITH AN AVERAGE ANNUAL FISCAL IMPACT OF $1,121,000 DEPT. HEAD --<t2^ MTG. 2/10/15 ADOPT RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) WITH AN AVERAGE ANNUAL FISCAL IMPACT OF $1,121,000 CITY ATTY. /^^^ DEPT. ASD-HR ADOPT RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) WITH AN AVERAGE ANNUAL FISCAL IMPACT OF $1,121,000 CITY MGR. ll) RECOMMENDED ACTION: Adopt Resolution No. 2015-034 approving a Memorandum of Understanding (MOU) with the Carlsbad City Employees' Association (CCEA) at an average annual fiscal impact of $1,121,000. 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, 2015 to December 31, 2017 • COMPENSATION ADJUSTMENTS: Effective December 31, 2015, December 31, 2016 and December 31, 2017, a four percent base pay matrix will be utilized to calculate merit increases for all eligible CCEA represented employees as part of a pay for performance system. • FLEXIBLE BENEFITS PROGRAM: Effective the pay period that includes January 1, 2015, the city's health insurance contribution for CCEA-represented employees for each coverage level will be set to the following amounts: Employee = $596/month (increase of $18/month) Employee + 1 = $l,066/month (increase of $39/month) Family = $l,398/month (increase of $79/month) Waive Medical Insurance = $298/month (increase of $48/month) Effective the pay period that includes January 1, 2016, the city's health insurance contribution for CCEA-represented employees for each coverage level will be set to 90 percent ofthe average health premium for Employee coverage (decreased from 92 percent) and 82 percent ofthe average health premium for Employee +1 and Family coverage (decreased from 83 percent). Effective the pay period that includes January 1, 2017, the city's health insurance contribution for CCEA-represented employees for each coverage level will be set to 85 percent ofthe average health premium for Employee coverage and 82 percent ofthe average health premium for Employee +1 and Family coverage. DEPARTMENT CONTACT: Debbie Porter 760-602-2441 Debbie.Dorter(5)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 Effective the pay period that includes December 31, 2017, the city's health insurance contribution for CCEA-represented employees for each coverage level will be set to 80 percent ofthe average health premium for Employee, Employee +1 and Family coverage. Throughout the term ofthe MOU, the city's health insurance contribution for CCEA-represented employees who waive the city's medical insurance will be set equal to 50 percent ofthe city's health insurance contribution for Employee coverage. Effective January 1, 2016, CCEA retirees who do not elect, or, who later cancel the city's dental/vision insurance will no longer be eligible to enroll in that insurance. • HOLIDAYS: Effective July 1, 2017, the floating holiday will be eliminated for CCEA represented employees who currently receive it. • STANDBY PAY: Effective the first day ofthe pay period following City Council approval ofthe MOU, standby pay will increase from $30/day to $35/day. The Information Technology Department will stop scheduling standby assignments after March 1, 2015. Also, the parties agree to a reopener during the term of the MOU to negotiate impacts of changes re: the use of standby duty. • PAY FOR PERFORMANCE: The parties agree to 1) form a task force to review the Pay for Performance system and 2) up to two re-openers, if necessary, during the term of the MOU to negotiate changes to the Pay for Performance Guidelines. • Language changes to be incorporated into the CCEA MOU are outlined in Exhibit 2. • Historically, the CCEA salary schedule has reflected bi-weekly amounts. Effective the first day of the pay period following City Council approval of the MOU, the salary schedule will reflect hourlv amounts using 2 digits after the decimal point (ex. $10.50) instead of 4 digits (ex. $10.4991). The bi-weekly amounts will be derived from the hourly amounts. There is no fiscal impact to this change. FISCAL IMPACT: The estimated annual fiscal impact associated with the actions described above is outlined below. • The estimated annual cost of the 4 percent funding for the pay for performance base pay matrix on December 31, 2015 is $901,000 which includes salary and related benefits. • The estimated annual cost of the 4 percent funding for the pay for performance base pay matrix on December 31, 2016 is $934,000 which includes salary and related benefits. • The estimated annual cost of the 4 percent funding for the pay for performance base pay matrix on December 31, 2017 is $964,000 which includes salary and related benefits. • The estimated annual cost of the changes to Health Benefit Credits effective the pay period that includes January 1, 2015 is $171,000. Funding for this change is included in the adopted Fiscal Year 2014-15 budget. Page 3 • The estimated net annual cost of the changes to standby pay is $17,000. The impact to the Fiscal Year 2014-15 budget is approximately $8,500 and will be paid for by current appropriations. • There is no fiscal impact associated with the non-economic items outlined above. Funding for changes listed above that occur in the future will be included in subsequent adopted budgets. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment; and therefore, does not require environmental review. EXHIBITS: 1. Resolution No.^^^^2^^approving the Memorandum of Understanding between the City of Carlsbad and the Carlsbad City Employees' Association (CCEA) 2. Memorandum of Understanding between the City of Carlsbad and the Carlsbad City Employees' Association (CCEA), including Attachments A and C, Salary Schedules for CCEA-represented classifications. 3. Strike-out copy of the Memorandum of Understanding Between the Carlsbad City Employees' Association (CCEA) EXHIBIT 1 1 RESOLUTION NO. 2015-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE 4 CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) ^ WHEREAS, representatives of management and the Carlsbad City Employees' 6 Association (CCEA) have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding wages and other terms and conditions of employment; and WHEREAS, 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 2 and 7 8 9 WHEREAS, said representatives have reached agreement which they desire to submit to 10 the City Council for consideration and approval; and 11 12 13 14 incorporated by reference herein. 15 16 17 18 2. That the Memorandum of Understanding between the Carlsbad City Employees' 20 Association (CCEA) and the City of Carlsbad as set forth in Exhibit 2 is hereby approved ^1 and the City Manager is authorized and directed to execute it. 3. That the Salary Schedules for CCEA-represented employees as set forth in Attachments A and C of Exhibit 2 are hereby approved. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 22 23 24 25 26 // // 27 // 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 10**' day of February, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ATTEST: SHELLEY COLLINS; Asiistim City Clerk (SEAL) CCEA MEMORANDUM OF UNDERSTANDING 1/1/2015 to 12/31/2017 TABLE OF CONTENTS Foreword Page Preamble Page Article 1 Recognition Page Article 2 Implementation Page Article 3 Term Page Article 4 Renegotiation Page 2 Article 5 Authorized Agents Page 2 Article 6 No Strike and No Lockout Page 2 Article 7 City Rights Page 3 Article 8 Employee Rights Page 3 Article 9 Association Rights Page 3 Article 10 Confidential Employees Page 5 Article 11 Payroll Deductions/Agency Shop Page 6 Article 12 Compensation Adjustments Page 8 Article 13 Distribution of Paychecks Page 9 Article 14 Overtime Page 9 Article 15 Working Out of Classification Page 13 Article 16 Injured on Duty Page 13 Article 17 Bilingual Pay Page 14 Article 18 Uniforms and Equipment Page 14 Article 19 Tool Reimbursement Page 16 Article 20 Vacation Page 17 Article 21 Holidays Page 19 Article 22 Sick Leave Page 20 Article 23 Bereavement Leave Page 22 Article 24 Family and Medical Leave Acts Page 22 Article 25 Leave of Absence Page 22 Article 26 Military Leave Page 25 Article 27 Jury Duty Page 25 Article 28 Rest Periods Page 25 Article 29 Late Starts Page 25 Article 30 Flexible Classifications Page 25 Article 31 Flexible Start Hours Page 26 Article 32 Flexible Work Schedules Page 26 Article 33 Flexible Job Sharing Page 27 Article 34 Health Insurance/Flexible Benefits Program Page 27 Article 35 State Disability Insurance/Family Medical Leave Benefits...Page 30 Article 36 Long Term Disability Page 31 Article 37 Retirement Page 31 Article 38 Deferred Compensation Page 32 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 Article 55 Attachment A Attachment B Attachment C Attachment D Dispute Resolution Procedure Page 32 Alcohol and Drug Policy Page 38 Access to Information Page 42 Communications Page 42 Legal Representation Page 43 Layoff Page 43 Carlsbad Municipal Water District Page 45 Full Understanding, Modification & Waiver Page 46 Provisions of Law Page 46 Retention of Benefits Page 47 Non-discrimination Clause Page 47 Americans With Disabilities Act Page 47 Life Insurance and Voluntary Benefits Page 47 Special Housing Facilities Page 47 Contracting Out Work Page 50 Pay for Performance Guidelines Page 51 Standby Reopener Page 63 Working a Reduced FTE Schedule Attachment E Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment Attachment F Separation Agreement and General Release MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees' Association Foreword The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City"), and the designated representatives of the Carlsbad City Employees' Association (hereinafter referred to as "CCEA" 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 of the 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 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, 2015, through December 31, 2017. 7 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 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 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 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 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 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 govemmental 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 ofthe 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 Sheef' in the orientation packet for newly hired employees in positions represented by CCEA. The City and CCEA agree that the purpose of the "Information Sheef is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the "Information Sheet" shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the "Information Sheet." Prior to distribution the "Information Sheet" must be approved by the Human Resources Director. 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 fumish bullefin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The 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) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk's Office, and 11) 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 of the 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 alcove-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. Designated employee representatives requesting time off under this article shall direct such request to 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 meefings 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 Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees: • may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures), • may not provide information related to or participate in labor negotiations on behalf of CCEA, • and may not disclose informafion obtained in their job duties to bargaining unit members or any employee organizafion 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 posifions are designated as confidential: 1) Human Resources Department: all CCEA-represented positions in this department 2) City Manager's Office: all CCEA-represented posifions in this department 3) City Attomey's Office: all CCEA-represented posifions in this department 4) Finance Department: Administrafive Secretary, Accountant and Accounting Technician assigned to payroll responsibilities. Business Systems Specialist, Secretary 5) Information Technology Department: Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee infomiation but, for which prior approval from management is required to gain such access, are not considered confidential positions. The City may create new confidential positions. 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 detennined 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 ofthe fee, and annually 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 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 ofthe independent audit and its availability to the employee upon request; and 2.2.4 The procedure for appealing all or any part ofthe 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 ofthe 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 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 of the objection or validity of the exempfion. 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 deducfions (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 of the 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, 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 Adjustments The pay for performance base pay matrix (described in Article 54) for 12/31/2015 will be funded at four percent (4%). The pay for performance base pay matrix (described in Article 54) for 12/31/2016 will be funded at four percent (4%). The pay for performance base pay matrix (described in Article 54) for 12/31/2017 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 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 Qyertime 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 outlined 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 minimum of two (2) hours work commencing at the time of the page, except an employee shall not be entitled to said minimum if the assignment has been scheduled in advance and the employee is provided with at least seven (7) calendar days' notice of said assignment. 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 dismpt the operations ofthe department. At any time an employee may elect to "cash out" any portion of his/her accrued compensatory time balance at his/her regular rate of pay by requesting this "cash out" on his/her time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 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. 10 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 own 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. 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 prompfiy 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 Drag Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rales 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 $35.00 per day for each day on standby assignment (effective the first day of the pay period following City Council approval of this MOU). 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. i. The Infonnation Technology Department Standby Policy dated March 25, 2002 will be eliminated and the department will stop using/scheduling standby rotation at a time to be detennined by the Infonnation Technology Director, no earlier than March 1,2015. 12 CO Article 15 Working Out of Classification Whenever the needs of the City require an employee to temporarily perform the duties of a job classificafion that has a higher pay range than the pay range associated with their cunent job classification for a period of more than twenty-one (21) calendar days, the employee shall receive addhional 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 cunent 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 classificafion. The recommendation that an employee be required to perform dufies 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 perfonnance of any of the dufies ofthe higher classificafion 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 classificafion. 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 detennine the dufies 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 aitemative manner or that the position be reclassified to reflect the work being performed. The reclassification of a poshion will be approved in accordance with the personnel rules. Article 16 Injured on Duty Occupafional 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 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 vacafion, sick, or compensatory leave that the employee has accrued. Once the employee's accraed 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/posifions 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 detennined 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 acquisifions 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 14 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 posifions: 1. Building Maintenance Worker I/II 2. CMWD Construction & 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 l/II 8. Equipment Service Worker 9. Equipment Technician I/II 10. Lead Equipment Technician 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/IIl 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 15 25. Ufility 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 own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City facility or some other catastrophe or accident not due to the employee's negligence or fauh. 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 "essenfial 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 cunent 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 "essenfial tools." Failure to keep said tools on site will resuh 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 Vacation Every probationary and regular full time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accraed on a daily (calendar day) basis. Vacation leave can be used in 15 minute increments. A. Basis of Accraal Accraal of vacation begins with the first working day following appointment and thereafter accraes on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first (1st) 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) 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 accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. B. Vacation Accraal Maximum All employees shall be entitled to eam and accrae up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to eam and accrae vacation hours in excess of the three hundred and twenty (320) hour maximum. Department Heads shall encourage the taking of accrued 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 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 Febraary ,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 accraed 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 vacafion 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 21 (Holidays). E. Effect of Leave of Absence on Accraal of Vacafion 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. Accraal will be reinstituted beginning the first day the employee has retumed to work. F. Compensafion 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. Vacation Payout An employee separating from the City service who has a balance of unused accraed vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll. 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 21 Holidays A. Authorized Holidays The City shall observe: eleven (11) scheduled paid holidays plus one (1) floating holiday for employees assigned to eight-hour-per-day-five-days-per-week workweeks and employees participating in the 9/80 aitemative work schedule. The City shall 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 One (1) Floating Holiday per fiscal year Effective 7/1/2017, the floating holiday will be eliminated for all employees who were receiving it prior to that date. B. Procedure if Holiday Falls on Saturday or Sunday For those employees whose normal work week is Monday through Friday, when a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. The City shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official City holidays. C. Employees Required to Work on Holidays 1. Any employee who shall be required to work on any holiday which he/she is entitied 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 entitled 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 22 Sick Leave Sick leave can be used in 15 minute increments. A. Accraal Every probationary and regular full time employee shall accrue 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 accraed on a daily (calendar day ) basis. Such accraals 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: 20 2g 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 of the employee. Immediate family is defined in Article 23, 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 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. Accrual 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 accraed 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 (Holidays). 21 F. Sick Leave Conversion Any permanent employee who has accrued 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 accrual 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 23 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 accraed leave is available, treated as leave without pay. The "immediate family" shall be defined in the personnel rules and regulations. B. The employee may be required to submit proof of relative's death before final approval of bereavement leave is granted. Article 24 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 25 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 25 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 of the leave of absence will be longer, the approval of the City Manager or his/her designee is required. 22 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 return 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 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 return 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 accraals 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 23 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. Accrual 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 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 of the 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 term of this contract to negotiate a comprehensive City-wide Leave Policy that clarifies practices related to paid/unpaid leaves of absence. 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 accraed 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 accraed 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 of the date the leave shall commence and the estimated duration of the leave. 24 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 enthled to his/her regular compensation. Employees shall be entitied 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 accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. Article 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 posifion and upon meefing joumey-level requirements, if any, as established by the City. Any City- established requirements must be idenfified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the joumey level position, the employee's salary will bet set equal to the pay range minimum. 25 3-- Entry Level Position Account Clerk I Technician I Engineering Technician I Library Assistant I Maintenance Worker I Maintenance Worker I Meter Services Worker 1 Office Specialist I Planning Technician 1 Police Records Specialist I Tree Trimmer I Joumey Level Position Account Clerk II Building Technician II Engineering Technician II Library Assistant II Park Maintenance Worker II Street Maintenance Worker II Meter Services Worker II Office Specialist II Planning Technician II Police Records Specialist II 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 descripfion. The employee shall receive a five percent (5%) salary increase upon reclassification to the joumey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the joumey level position, the employee's salary will bet set equal to the pay range minimum. Entry Level Position Building Inspector I Code Compliance Specialist I Inspector I Equipment Technician I Sanitation Systems Operator I Utility Worker I Water Systems Operator I Waste Water Utility Worker I Joumey Level Position Building Inspector II Code Compliance Specialist II Inspector II Equipment Technician II Sanitation Systems Operator II Utility Worker II Water Systems Operator II Waste Water Utility Worker II 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 cunentiy operating on an aitemative 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) nonnal days off; and c) 26 starting/ending times of assigned shifts. This article shall not be subject to the grievance procedure. 9/80 Aitemative 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 Government 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 January 1, 2015, 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" coverage, the City shall contribute five hundred ninety-six ($596) per month (increased from $578 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. 27 (b) For employees with "Employee Plus One" coverage, the City shall contribute one thousand sixty-six ($1,066) per month (increased from $1,027 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 "Family" coverage, the City shall contribute one thousand three hundred ninety-eight ($1,398) per month (increased from $1,319 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. A2. To provide CCEA members with the value of this increase in Benefits Credits for the pay periods that include the period between January 1, 2015 and ratification of this Memorandum by the City Council, the City shall, with payroll, for the first full pay period after ratificafion 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 employee's medical coverage level as of the pay period that includes January 1, 2015 and the number of payroll periods in 2015 that occur between January 1, 2015 and rafification of this Memorandum in which Benefits Credits were applied before implementation of the Benefits Credits increase resulting from section Al above. A3. Effective the pay period that includes 1/1/2016, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 90% of the average health (medical, dental and vision) premium for Employee coverage and 82% of the average health (medical, dental and vision) premium for Employee + 1 and Family coverage levels, rounded to the nearest whole dollar. A4. Effective the pay period that includes 1/1/2017, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 85% of the average health (medical, dental and vision) premium for Employee coverage and 82% of the average health (medical, dental and vision) premium for Employee + 1 and Family coverage levels, rounded to the nearest whole dollar. A5. Effecfive the pay period that includes 12/31/2017, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2018. A6. 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 insurance purchased by the employee, the employee will have the option of using any "excess credhs" to purchase dental, vision, or accidental 28 3^ death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA), instead of receiving taxable cash. A7. All acfive CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits. B. Dental Insurance Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored dental plan at any coverage level. C. Vision Insurance Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored vision insurance plan at any coverage level. 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 enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The City will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS Health Program. Employees who refire from the City, either service or disability, shall be eligible to elect, upon retirement, to participate in the City's dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be home solely by the retiree. An individual who does not choose coverage upon retirement, or who chooses coverage and later drops it is not eligible to retum to the City's dental and vision insurance program. Those individuals who are CCEA retirees as of ratification of this MOU by City Council will receive two letters prior to receiving their open enrollment information for changes effective January 1, 2016. The letters will explain that if they choose not to elect dental/vision insurance effective January 1, 2016, or if they drop coverage later, they will not be eligible to return to the City's dental/vision insurance program. The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments cunent to ensure continued coverage. E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City's medical insurance program, provided they can show that they are covered under another insurance program. 29 Effective the pay period that includes January 1, 2015, employees who elect the waiver provision will be given a reduced City contribution amount (Benefits Credits) of two hundred ninety-eight ($298) per month (increased from $250 per month) to be used toward the purchase of dental, vision, or accidental death and dismemberment (AD&D) insurance, as a contribution to a flexible spending account or as cash (reported as taxable income). The City contribution amount of two hundred ninety-eight ($298) per month will be granted to any employee who elects to waive the CalPERS Health Program, regardless of the employee's level of coverage (Employee, Employee Plus One, Family). To provide CCEA members with the value of this increase in Benefits Credits for the pay periods that include the period between January 1, 2015 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 employee's medical coverage level as of the pay period that includes January 1, 2015 and the number of payroll periods in 2015 that occur between January 1, 2015 and ratification of this Memorandum in which Benefits Credits were applied before implementafion of the Benefits Credits increase related to the waiver provision. The dollar amount paid by the City for employees who elect the waiver provision will change in the first pay period of calendar year 2016, 2017 and in the pay period that includes December 31, 2017. The Benefits Credits associated with waiving medical coverage will be set equal to 50% of the Benefits Credits associated with Employee medical coverage. 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 may elect to use accumulated vacafion, sick leave or compensatory time off during the seven day elimination period. C. Employees represented by CCEA shall be enthled 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. 30 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 "Classic" Members (those that do not qualify as "New Members" as defined below) • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first fime prior to November 28, 2011 - The retirement formula shall be 3% @ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first fime on or after November 28, 2011 - The retirement formula shall be 2% @ 60; three year average final compensation. "New Members" 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. • 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: • Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%). • Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). • Miscellaneous employees who meet the definition of "New Member" under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. 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 ananged by the employee directiy with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may anange with the City for such payments to be made by means of payroll deduction 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 condifions 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 defened compensation provider (cunently 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 tennination. 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. 32 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 rales of the City, such as: (1) Appeals from formal disciplinary proceeding. (2) Appeals from work perfonnance evaluations. B. Group Grievances Within thirty (30) calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condifion 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 idenfifies how these employees are being adversely affected. (1) The group of employees must file one (1) grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitafions as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occunences 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 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 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 33 -I request in writing 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 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 organizafion 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 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 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 modificafion of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rales ofthe City, such as: (1) If h 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 rules ofthe City such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If h 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 via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 34 ^9. 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. 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, insubordinafion, tardiness, working unauthorized overtime, disclosure of non-public, intemal and/or confidential, information or dishonesty. (3) Being under the influence of alcohol or intoxicating drags 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) Falsificafion of any City report or record. (12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rales, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political acfivhies precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigafion conducted by the City or its agents. (15) Other acts that are incompatible with service to the public. B. Pre-Disciplinary 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 35 (^13 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 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 of the employee's response or failure to respond in a timely manner, the City 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 descripfion of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrafive 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 via e-mail (work and personal, if known). If receipt of the e-mail nofice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 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 writing and the supervisor shall make the necessary anangements 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 tennination, 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. 36 MM B. Step Two - Administrative Hearing (1) Hearing Procedure If the matter is subject to an advisory hearing, the City shall anange 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 own 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 refiect 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 selecfion 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. 37 i{5 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. (2) For disciplinary appeals, the City Manager, or his/her designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline. D. Post-Hearing Procedure The provisions of California Code of Civil Procedure Secfion 1094.6 shall apply to the final determination of the City Manager. Article 40 Alcohol and Drug Policy I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drag Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for coUecfion, chain of custody and testing will be conducted consistent with standards required under SAMHSA certificafion. This policy is intended to accomplish that objecfive. A. Definitions - As Used in This Policy: 1. "Drag" 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 derivafives, 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 38 City-assigned work is being conducted, or within a reasonable time thereafter. 3. "Reasonable suspicion" means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilifies 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drags nor be under the influence of alcohol or drugs in the workplace or while on-call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by City management, acting pursuant to this policy, or by law enforcement personnel; c. notify the City of any conviction under a criminal drag statute (including any pleas of nolo contendere), if such conviction was based on a violation which occuned in the workplace, no later than five days after such convicfion; (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 drags, 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 drug statute whose scope and employment are relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee's employment with the City, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drag-free workplace, the City reserves the right to search, with or without prior notice to the employee, 39 ^7 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 caufioned 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 concunence of more than one supervisor. Nothing herein shall prevent the City from taking appropriate action if there is an inadvertent discovery of evidence of drag 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. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drag and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose resuhs are poshive for either illegal drags or alcohol will be rejected for City employment. B. Employee Drag and Alcohol Analysis 1. If a manager or supervisor of the City has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 40 Hd c. An employee may also be required to remain on the premises for a reasonable time until anangements can be made to transport the employee to his or her home. 2. Some examples of "reasonable suspicion" as defined in Section 1 .A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. sluned speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving City property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably pradent supervisor to believe that an employee is under the influence of alcohol or drugs; 3. Refusal to remain on the premises or to submh to a drag 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 tennination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drag and alcohol analysis may resuh in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 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, refenal to treatment, and follow-up. Any employee of 41 the City wishing confidential assistance for a possible alcohol or drag problem can call the EAP office and anange for an appointment with a counselor. B. Employees who are concemed about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP. C. Participation in the employee assistance program will not replace nonnal 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 condhions 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 rales and procedures for making public records available and after payment of reasonable costs, where applicable. Informafion which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep hs 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 constraed 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 constraed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwananted 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. 42 ^0 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 occuning 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, conuption or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said 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. The City will use its best efforts to give the employees as much notice as possible with a minimum of 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. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City work force. (a) Citv Service Seniority: City Service Seniority shall be determined as the period of total continuous service with the City as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their City Service Seniority in the affected classification series; (3) City probationary employees in reverse order of their City Service Seniority in the affected classification series; (4) and regular employees in reverse order of their City Service Seniority in the affected classification. (c) Reduction in Force - Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the City shall demote the employee in that classification with the highest City Service Seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be cunently qualified. An employee may refuse to accept a 43 / demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. (d) Nofification: 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 with copy to CCEA. 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 retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical City Service Seniority, the order of layoff and demotion will be determined by the Human Resources Director who will use randomizing software to detennine seniority. (f) 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. (g) 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. (2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant posifion or to a poshion held by a City probafionary employee in such lower class, but may not bump regular City employees already in that lower classification. (h) 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 which an employee has served within a classification series shall first be offered to employees on this list. (i) 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 City Service Seniority. Vacant poshions in such classificafions will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recraitment. (j) 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. Eligible individuals 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. f- 44 (k) Restoration of Benefits Upon Reemployment Following a Reducfion in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: (1) Prior sick leave accruals. (2) City Service Seniority at fime of layoff for purposes of determining merit increases, vacation accraals and future reduction in force. (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which he/she was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the cunent effective salary plan at the time of reemployment, whichever is lower. (1) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accraals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be govemed by the provisions of the State of Califomia Public Employees' Retirement Law as contained in the Govemment Code. (n) Severance: CCEA represented employees involuntarily separated from the City service due to layoff shall receive the equivalent of three (3) months' base salary, computed at the employee's actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment F and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively. Article 45 Carlsbad Municipal Water District 1. Effective Febraary 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 classificafion, salary range, salary anniversary date, and seniority date upon becoming a City employee. Each employee's job title and salary range shall be subject to future modification upon complefion of a City classification and compensafion study. In no instance shall an employee's salary be reduced as a result of the City classification and compensation study. 2. Effective Febraary 17, 1992, each CMWD employee shall be subject to the City's personnel system as established by the municipal code, the persormel rales and regulations, administrative orders, the applicable memorandum of understanding, and other applicable ordinances, resolutions, and rules and regulations dealing with personnel and employer-employee relations. 45 ^3 3. Effective Febraary 17, 1992, each CMWD employee shall be subject to the work rules and operations rales 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 Febraary 17, 1992. 6. Employees hired on or after Febraary 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 cunent City employees will be laid off as a result of assimilation of CMWD employees. 10. Former CMWD employees will be in the bargaining umt 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. 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 cunent and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in confiict or inconsistent with such above applicable laws, rales and regulafions, 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. 46 5^ 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 exhausfing 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 polifical 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 compensafion, 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 Disabilhies 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. 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. 47 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 cunent 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, Tifie 8, secfion 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 cunent CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the dufies 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 dufies: 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 48 5 ^ B. Emergency Response - Notification - Documentation a. Respond to emergency situations to include the chlorinafion 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 roufine visual inspecfions of the enfire 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 responsibilhies) b. Monitor access of residents through property during significant fiood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 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 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. 49 ^~ Article 53 Contracting Out Work 1. The City has the right to contract out any or all of the services cunently being performed by CCEA represented classifications or that could be perfonned 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 of the 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. 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 {. 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. 50 /--r) 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 writing 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's receipt ofthe City's proposal. The first meefing 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. Article 54 Pay for Performance Guidelines This article replaces Administrative Order No. 13 of March 12, 1976 in its enfirety. Administrative Order No. 23 of October 11, 1979 in its entirety and Section 4.4 ofthe Personnel Rules and Regulations. This article does not apply to employees who are in a provisional appointment. However, if an employee moves from a provisional appointment to a regular position without a break in City service, their time spent in the provisional appointment shall count for purposes of determining eligibility for a base pay salary increase or cash reward. I. PURPQSE: Pay for Perfonnance at the City of Carlsbad is based on the concept of a supervisor providing regular coaching/feedback to the employee. The purpose is to: y 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. II. BACKGROUND: Consistent with the direcfion 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 perfonnance management program based on the concepts of performance planning and regular coaching/feedback; >- a market based salary structure; and r 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. 7! Merit increases delivered Council/CCEA negotiate funding merit RQoL^ Supervisors select competencies and HR determines base pay i matrix that complies with i Supervisors conduct mid-year reviews (after Dept. Director Supervisors conducl year end reviews ^ Supervisors submij proposed year end performance ratings to Department Director Department Directors calibrate and finalize 52 B. Performance Management The performance management process consists of four important, intenelated 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. 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 of the mid-year performance review is to encourage open communicafion 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 written 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. 53 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, job accountabilities and defined competencies. This meeting will also include the performance plarming 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 of the performance management system, including forms, guidelines and related policies subject to City Council approval. Human Resources will periodically review the effecfiveness 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. 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 perfonnance 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 of the 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 cany 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. 54 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. E. Performance Management Components Essential Functions Essenfial funcfions are the job dufies/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 functions are job-based rather than employee-based. At the beginning of the perfonnance 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 detennine which functional competencies may be appropriate for a specific posifion. At the end ofthe plan year, the employee will be rated on their perfonnance related to the essenfial 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 poshion 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 Plarming 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 essenfial 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, priorifies and work plan. Each year, the supervisor and the employee will select the two functional competencies that will be used to 55 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, iimovation 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 ofthe 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 down based on the City's strategic plan and initiatives from senior management, to mid-level managers, to supervisors and to line employees. A well-written 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? 56 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 nanative to explain these ratings. The rafing system shown below will be used in evaluafing 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 requirements. meet all requirements. requirements and exceeds Performance is requirements. Employee is fully demonstrates the requirements. consistently and Perfonnance proficient and ability to handle Employee has made seriously deficiencies are adequately assignments of contributions and inadequate. This such that demonstrates the greater complexity achievements well employee must improvement is desired and responsibility. beyond those make immediate needed for the competency This employee required by their and sustained employee to behaviors for the shows inifiative assigned improvements. satisfactorily meet level of the job. and seeks responsibilities. In requirements. opportunities to many cases. 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 57 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 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 cunent salary is relative to the midpoint of their salary range. Eligibility Employees must receive an overall rating of "Competenf 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 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. 58 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. 59 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 "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 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 written 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 informafion 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 ofthe review period he/she will be eligible for a prorated merit increase for that review period according to the following schedule: 60 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 V. COMPENSATION PLAN; The key element of the CCEA employee pay for perfonnance program is the base pay structure. Covering all CCEA jobs, the base pay structure reflects competifive 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. 1. Cityof Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Cajon 5. City of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. City of Oceanside 11. City of Poway 12. City of San Marcos 13. City of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. County of San Diego The seven (7) agencies listed below will also be considered in the survey market for the job classifications of: Cross Connection Control Technician, Senior Cross Connection Control Technician, Sanitation Systems Operator l/II/IIl, SCADA Technician, Utility Worker I/II/III, Waste Water Utility Worker I/II/III and Water Systems Operator I/II/III. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Inigation District Every two years, the Human Resources Department will compare salary and benefits information on each City of Carlsbad benchmark classificafion 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 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 structure based on intemal relationships, responsibility and/or knowledge, skills and abilhies of jobs. The benchmark salary data will be surveyed every two years 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 recommendafions to City Council that are based on market and economic condifions, and may include one or more salary ranges. CCEA and the City agree that the City will negotiate salary range movements. VI. 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 Plarming - Competencies • Conducting Performance Evaluations • Coaching, Counseling and Feedback • Compensation Administrafion • 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. 62 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. VIII. RE-OPENER CCEA and the City agree to form a task force to review the Pay for Performance system and identify areas for improvement and propose changes. CCEA and the City agree to a maximum of two reopeners during the term of this contract to negotiate modifications to Article 54 (Pay for Performance Guidelines). Article 55 STANDBY REOPENER At any time during the term of the MOU, the City may reopen negotiations on the issue of the use of standby duty. CCEA acknowledges that the City has the management right to decide whether or not to assign employees to standby duty and that any negotiations shall be regarding the effects of the City's decision on CCEA members. This reopener will not be utilized to strike or remove any provisions of Article 14 section 10 as to standby duty that continues to be used for a particular classification. 63 ^/ 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. Cityof Carlsbad STEVE SARKi Date Approve^ City Attomey Date Carlsbad Cite-Employees' Association TYEfQlLLESPIE, President, CCEA Date 65 "72 THE CITY OF CARLSBAD GENERAL EMPLOYEE SALARY SCHEDULE Effective 12/31/2014 Attachment A HOURLY BI-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 1 $14.84 $17.13 $19.41 1 $1,187.20 $1,370.00 $1,552.80 2 $14.99 $17.30 $19.61 2 $1,199.20 $1,384.00 $1,568.80 3 $15.14 $17.47 $19.80 3 $1,211.20 $1,397.60 $1,584.00 4 $15.29 $17.65 $20.00 4 $1,223.20 $1,411.60 $1,600.00 5 $15.44 $17.82 $20.20 5 $1,235.20 $1,425.60 $1,616.00 6 $15.60 $18.00 $20.40 6 $1,248.00 $1,440.00 $1,632.00 7 $15.75 $18.18 $20.61 7 $1,260.00 $1,454.40 $1,648.80 8 $15.91 $18.36 $20.81 8 $1,272.80 $1,468.80 $1,664.80 9 $16.07 $18.55 $21.02 9 $1,285.60 $1,483.60 $1,681.60 10 $16.23 $18.73 $21.23 10 $1,298.40 $1,498.40 $1,698.40 11 $16.39 $18.92 $21.44 11 $1,311.20 $1,513.20 $1,715.20 12 $16.56 $19.11 $21.66 12 $1,324.80 $1,528.80 $1,732.80 13 $16.72 $19.30 $21.87 13 $1,337.60 $1,543.60 $1,749.60 14 $16.89 $19.49 $22.09 14 $1,351.20 $1,559.20 $1,767.20 15 $17.06 $19.69 $22.31 15 $1,364.80 $1,574.80 $1,784.80 16 $17.23 $19.89 $22.54 16 $1,378.40 $1,590.80 $1,803.20 17 $17.40 $20.08 $22.76 17 $1,392.00 $1,606.40 $1,820.80 18 $17.58 $20.29 $22.99 18 $1,406.40 $1,622.80 $1,839.20 19 $17.75 $20.49 $23.22 19 $1,420.00 $1,638.80 $1,857.60 20 $17.93 $20.69 $23.45 20 $1,434.40 $1,655.20 $1,876.00 21 $18.11 $20.90 $23.69 21 $1,448.80 $1,672.00 $1,895.20 22 $18.29 $21.11 $23.92 22 $1,463.20 $1,688.40 $1,913.60 23 $18.47 $21.32 $24.16 23 $1,477.60 $1,705.20 $1,932.80 24 $18.66 $21.53 $24.40 24 $1,492.80 $1,722.40 $1,952.00 25 $18.84 $21.75 $24.65 25 $1,507.20 $1,739.60 $1,972.00 26 $19.03 $21.96 $24.89 26 $1,522.40 $1,756.80 $1,991.20 27 $19.22 $22.18 $25.14 27 $1,537.60 $1,774.40 $2,011.20 28 $19.41 $22.41 $25.40 28 $1,552.80 $1,792.40 $2,032.00 29 $19.61 $22.63 $25.65 29 $1,568.80 $1,810.40 $2,052.00 30 $19.80 $22.86 $25.91 30 $1,584.00 $1,828.40 $2,072.80 31 $20.00 $23.08 $26.16 31 $1,600.00 $1,846.40 $2,092.80 32 $20.20 $23.32 $26.43 32 $1,616.00 $1,865.20 $2,114.40 33 $20.40 $23.55 $26.69 33 $1,632.00 $1,883.60 $2,135.20 34 $20.61 $23.79 $26.96 34 $1,648.80 $1,902.80 $2,156.80 35 $20.81 $24.02 $27.23 35 $1,664.80 $1,921.60 $2,178.40 36 $21.02 $24.26 $27.50 36 $1,681.60 $1,940.80 $2,200.00 37 $21.23 $24.50 $27.77 37 $1,698.40 $1,960.00 $2,221.60 38 $21.44 $24.75 $28.05 38 $1,715.20 $1,979.60 $2,244.00 39 $21.66 $25.00 $28.33 39 $1,732.80 $1,999.60 $2,266.40 40 $21.88 $25.25 $28.62 40 $1,750.40 $2,020.00 $2,289.60 41 $22.09 $25.50 $28.90 41 $1,767.20 $2,039.60 $2,312.00 42 $22.31 $25.75 $29.19 42 $1,784.80 $2,060.00 $2,335.20 43 $22.54 $26.01 $29.48 43 $1,803.20 $2,080.80 $2,358.40 44 $22.76 $26.27 $29.78 44 $1,820.80 $2,101.60 $2,382.40 45 $22.99 $26.53 $30.07 45 $1,839.20 $2,122.40 $2,405.60 Page 1 of 3 1^ THE CITY OF CARLSBAD GENERAL EMPLOYEE SALARY SCHEDULE Effective 12/31/2014 Attachment A HOURLY BI-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 46 $23,22 $26.80 $30.38 46 $1,857.60 $2,144.00 $2,430.40 47 $23.45 $27.07 $30.68 47 $1,876.00 $2,165.20 $2,454.40 48 $23.69 $27.34 $30.99 48 $1,895.20 $2,187.20 $2,479.20 49 $23.92 $27.61 $31.30 49 $1,913.60 $2,208.80 $2,504.00 50 $24.16 $27.89 $31.61 50 $1,932.80 $2,230.80 $2,528.80 51 $24.40 $28.16 $31.92 51 $1,952.00 $2,252.80 $2,553.60 52 $24.65 $28.45 $32.24 52 $1,972.00 $2,275.60 $2,579.20 53 $24.89 $28.73 $32.57 53 $1,991.20 $2,298.40 $2,605.60 54 $25.14 $29.02 $32.89 54 $2,011.20 $2,321.20 $2,631.20 55 $25.40 $29.31 $33.22 55 $2,032.00 $2,344.80 $2,657.60 55Y ~ -$33.39 55Y ~ ~ $2,671.20 56 $25.65 $29.60 $33.55 56 $2,052.00 $2,368.00 $2,684.00 57 $25.91 $29.90 $33.89 57 $2,072.80 $2,392.00 $2,711.20 58 $26.16 $30.20 $34.23 58 $2,092.80 $2,415.60 $2,738.40 59 $26.43 $30.50 $34.57 59 $2,114.40 $2,440.00 $2,765.60 60 $26.69 $30.80 $34.91 60 $2,135.20 $2,464.00 $2,792.80 61 $26.96 $31.11 $35.26 61 $2,156.80 $2,488.80 $2,820.80 62 $27.23 $31.43 $35.62 62 $2,178.40 $2,514.00 $2,849.60 63 $27.50 $31.74 $35.97 63 $2,200.00 $2,538.80 $2,877.60 64 $27.77 $32.05 $36.33 64 $2,221.60 $2,564.00 $2,906.40 65 $28.05 $32.38 $36.70 65 $2,244.00 $2,590.00 $2,936.00 66 $28.33 $32.70 $37.06 66 $2,266.40 $2,615.60 $2,964.80 67 $28.62 $33.03 $37.43 67 $2,289.60 $2,642.00 $2,994.40 68 $28.90 $33.36 $37.81 68 $2,312.00 $2,668.40 $3,024.80 69 $29.19 $33.69 $38.19 69 $2,335.20 $2,695.20 $3,055.20 70 $29.48 $34.03 $38.57 70 $2,358.40 $2,722.00 $3,085.60 71 $29.78 $34.37 $38.95 71 $2,382.40 $2,749.20 $3,116.00 72 $30.07 $34.71 $39.34 72 $2,405.60 $2,776.40 $3,147.20 73 $30.38 $35.06 $39.74 73 $2,430.40 $2,804.80 $3,179.20 74 $30.68 $35.41 $40.13 74 $2,454.40 $2,832.40 $3,210.40 75 $30.99 $35.76 $40.53 75 $2,479.20 $2,860.80 $3,242.40 76 $31.30 $36.12 $40.94 76 $2,504.00 $2,889.60 $3,275.20 77 $31.61 $36.48 $41.35 77 $2,528.80 $2,918.40 $3,308.00 78 $31.92 $36.84 $41.76 78 $2,553.60 $2,947.20 $3,340.80 79 $32.24 $37.21 $42.18 79 $2,579.20 $2,976.80 $3,374.40 80 $32.57 $37.59 $42.60 80 $2,605.60 $3,006.80 $3,408.00 81 $32.89 $37.96 $43.03 81 $2,631.20 $3,036.80 $3,442.40 82 $33.22 $38.34 $43.46 82 $2,657.60 $3,067.20 $3,476.80 83 $33.55 $38.72 $43.89 83 $2,684.00 $3,097.60 $3,511.20 84 $33.89 $39.11 $44.33 84 $2,711.20 $3,128.80 $3,546.40 85 $34.23 $39.50 $44.77 85 $2,738.40 $3,160.00 $3,581.60 86 $34.57 $39.90 $45.22 86 $2,765.60 $3,191.60 $3,617.60 87 $34.91 $40.29 $45.67 87 $2,792.80 $3,223.20 $3,653.60 88 $35.26 $40.70 $46.13 88 $2,820.80 $3,255.60 $3,690.40 89 $35.62 $41.11 $46.59 89 $2,849.60 $3,288.40 $3,727.20 90 $35.97 $41.52 $47.06 90 $2,877.60 $3,321.20 $3,764.80 Page 2 of 3 1^ THE CITY OF CARLSBAD GENERAL EMPLOYEE SALARY SCHEDULE Effective 12/31/2014 Attachment A HOURLY BI-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 91 $36.33 $41.93 $47.53 91 $2,906.40 $3,354.40 $3,802.40 92 $36.70 $42.35 $48.00 92 $2,936.00 $3,388.00 $3,840,00 93 $37.06 $42.77 $48.48 93 $2,964.80 $3,421.60 $3,878,40 94 $37.43 $43.20 $48.97 94 $2,994.40 $3,456.00 $3,917,60 95 $37.81 $43.64 $49.46 95 $3,024.80 $3,490.80 $3,956.80 96 $38.19 $44.07 $49.95 96 $3,055.20 $3,525.60 $3,996.00 97 $38.57 $44.51 $50.45 97 $3,085.60 $3,560.80 $4,036.00 98 $38.95 $44.96 $50.96 98 $3,116.00 $3,596.40 $4,076.80 99 $39.34 $45.41 $51.47 99 $3,147.20 $3,632.40 $4,117.60 100 $39.74 $45.86 $51.98 100 $3,179.20 $3,668.80 $4,158.40 101 $40.13 $46.32 $52.50 101 $3,210.40 $3,705.20 $4,200.00 102 $40.53 $46,78 $53.03 102 $3,242.40 $3,742.40 $4,242.40 103 $40.94 $47,25 $53.56 103 $3,275.20 $3,780.00 $4,284.80 104 $41.35 $47.72 $54.09 104 $3,308.00 $3,817.60 $4,327.20 105 $41.76 $48.20 $54.63 105 $3,340.80 $3,855.60 $4,370.40 106 $42.18 $48.68 $55.18 106 $3,374.40 $3,894.40 $4,414.40 107 $42.60 $49.17 $55.73 107 $3,408.00 $3,933.20 $4,458,40 108 $43.03 $49.66 $56.29 108 $3,442,40 $3,972.80 $4,503,20 109 $43.46 $50.16 $56.85 109 $3,476,80 $4,012.40 $4,548,00 110 $43.89 $50,66 $57.42 110 $3,511.20 $4,052.40 $4,593.60 111 $44.33 $51,16 $57.99 111 $3,546.40 $4,092.80 $4,639,20 112 $44,77 $51.67 $58.57 112 $3,581.60 $4,133.60 $4,685.60 113 $45.22 $52.19 $59.16 113 $3,617.60 $4,175.20 $4,732.80 Page 3 of 3 15 ATTACHMENT B BENEFITS RETAINED BY CMWD EMPLOYEES A. Health Insurance The City will provide employees and dependents with a choice of ACWA-Blue Cross Pradent 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 cunent 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 remanies, 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 orthodonfia coverage for dependent children only, at no cost to the employee. D. Eve Care Plan The City will provide employees and dependents with an eye care plan (VSP, Plan C, Group No. 228049 A-R). The plan will provide a reasonable amount of coverage at no cost to the employee. E. Life Insurance The City will provide the employee a group term life insurance policy (American Bankers Life Assurance Company of Florida, Plan No. 0670), which will provide protection of 1 x annual pay, up to a maximum of $50,000 at no cost to the employee. The City also provides Term Life Insurance and AD&D of $9,000. F. Deferred Compensation The City has established a Defened 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 fime and one-half of an employee's pay. In addhion, 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 accraal can be used in 15 minute increments. Accraals 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. 77 2. Canyover 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 Buyback 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 volimtary service or compulsory service retirement provisions of CalPERS, an employee will receive 50% ofall 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. Lav Off Layoffs may be required due to lack of work, a decrease in or loss of funds, 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 nofice of layoff. When layoff is anticipated to exceed 14 days duration, the following shall apply: An employee will be paid all accumulated vacafion 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. 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). N. Non-Eligibility An employee shall not be eligible for the following benefits provided by the City: 1. Compensatory fime off accrual as set forth in Article 15, Section 4 ofthe MOU with CCEA. An employee shall be eligible to accrue 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 Effective 2/16/15 HOURLY BI-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 35 $22.49 $25.71 $28.92 35 $1,799.20 $2,056.40 $2,313,60 41 $25.66 $29.29 $32.92 41 $2,052.80 $2,343.20 $2,633,60 46 $28.72 $32.54 $36.35 46 $2,297.60 $2,602.80 $2,908,00 49 $30.38 $35.06 $39.74 49 $2,430.40 $2,804,80 $3,179.20 CLASSIFICATION RANGE Construction & Maintenance Worker 1! 35 Water Conservation Specialist 35 Systems Operator II 41 Senior Systems Operator 46 Scada Technician 49 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% of the full 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-fime until another job-share partner is found. COMPENSATION: Employees on a reduced FTE schedule will be compensated at an hourly rate based on the cunent 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 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 of the benefits credits for which full time employees are eligible. (Refer to benefit rate sheets.) /'• Leave Accraals • SICK LEAVE: Accraed at appropriate prorated percentage of the full-time accrual rate. VACATION: Accraed at appropriate prorated percentage of the full-time accraal 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 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 accraed 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 fiill 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 1 0.75 I 1 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 Carisbad and the Carisbad City Employees' Association (CCEA), 1, 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 cunent 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 operafions, recordkeeping, emergency response procedures and be in compliance with the following regulafions govemed by these respecfive agencies: a. Cal-OSHA's Califomia Code of Regulafions, 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 cunent CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 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 Utilifies 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 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. 5. Term The City maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City's discrefion 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 armual review of the Steward's perfonnance with Water Operations supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written nofice 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 Facilifies 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 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 of the 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. The rent at the Maerkle residence is cunently 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 ATTACHMENT F SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad ("CITY") and ("EMPLOYEE") with reference to the following facts: Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in EMPLOYEE'S job classification. In consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. Termination of Employment Relationship The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of , 20 , with EMPLOYEE'S last actual day at work being , 20 . 2. Benefits of Agreement A. In considerafion of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE'S separation from the CITY as a reduction in force when applying for unemployment with the State of Califomia Employment Development Department (EDD). EMPLOYEE agrees to use the date of , 20 as the effective date of separation. B. While EMPLOYEE'S separation date is , 20 , any health insurance benefits EMPLOYEE receives will continue until , 20 ; dental and vision, if any, will continue until , 20 . C. EMPLOYEE will receive the equivalent of three (3) months' base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 Rigiit to Revoke Agreement, has expired. D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which EMPLOYEE would otherwise be enfitled upon separation. E. EMPLOYEE agrees that he/she has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinafter with any governmental agency or any court arising out of his/her employment with the CITY. EMPLOYEE further agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of his/her employment; however, he/she shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing EMPLOYEE'S rights under this Agreement. EMPLOYEE fully releases and discharges the CITY, its council members, officers, employees, agents and attomeys, from all actions, causes of action. claims, judgments, obligafions, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilhies relating to EMPLOYEE'S employment with the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213); the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)l-17); and the Cahfomia Fair Employment and Housing Act (Gov. Code § § 12900-12996). EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the Califomia Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3. Entire Agreement This Agreement constitutes the sole and exclusive understanding of the parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY. 4. Severability If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction. 5. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the State of Califomia. Any action to enforce this Agreement shall be brought in the Superior Court of Califomia, County of San Diego, North County Judicial District. 6. Advisement-to Consult with Experts The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attomey or professional of EMPLOYEE'S choice and EMPLOYEE'S own expense. 7. Right to Revoke Agreement A. EMPLOYEE may revoke this Agreement within seven (7) business days ofthe date of EMPLOYEE'S signature. Revocation can be made by delivering a written notice of revocation to the CITY's cunent Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh (7th) business day after EMPLOYEE signs this Agreement. B. If EMPLOYEE exercises his/her right to revoke consent to this Agreement during the seven (7) day period after he/she signs this Agreement, this Agreement shall not be effecfive or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C. 8. Non-Admission of Liability The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the terminafion of the employment relationship. 9. Reemployment Rights EMPLOYEE and CITY agree that any rights to reinstatement to any cunent or future vacancy will be govemed by the layoff provision (Article 44) of the Memorandum of Understanding between the CITY and the Carlsbad City Employees' Association (CCEA) in effect at the time of the separation. 10. Effective Date of Agreement Provided no notice of revocation is received by CITY pursuant to Section 7, this Agreement shall become effective on the eighth (8th) business day from the date in which this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh (7th) calendar day after receipt of the Agreement by CITY. EMPLOYEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND THAT HE/SHE UNDERSTANDS IT AND IS VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40 YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. §§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST FORTY-FIVE (45) DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO LATER THAN SEVEN (7) DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY PERIOD HAS EXPIRED. IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing his/her name hereto. City of Carlsbad Date Employee Date City Manager Approved as to Form Date by City Attomey CCEA MEMORANDUM OF UNDERSTANDING 1/1/2013-2015 to 12/31/20142017 TABLE OF CONTENTS Foreword Page Preamble Page Article 1 Recognition Page Article 2 Implementation Page Article 3 Term Page Article 4 Renegotiation Page 2 Article 5 Authorized Agents Page 2 Article 6 No Strike and No Lockout Page 2 Article 7 City Rights Page 3 Article 8 Employee Rights Page 3 Article 9 Association Rights Page 3 Article 10 Confidential Employees Page 5 Article 11 Payroll Deductions/Agency Shop Page 6 Article 12 Compensafion Adjustments Page 8 Article 13 Distribution of Paychecks Page 9 Article 14 Overtime Page 9 Article 15 Working Out of Classification Page 13 Article 16 Injured on Duty Page 13 Article 17 Bilingual Pay Page 14 Article 18 Uniforms and Equipment Page 14 Article 19 Tool Reimbursement Page 16 Article 20 Longevhy Pay Page—47 Article34-20 Vacation Page 17 Article3221 Holidays Page 19 Article2^22 Sick Leave Page 21 Article3423 Bereavement Leave Page 22 Article 25(A)24 Family and Medical Leave Acts Page 23 Article 25(B) Leave of Absence Page 23 Article 26 Military Leave Page 25 Article 27 Jury Duty Page 25 Article 28 Rest Periods Page 26 Article 29 Late Starts Page 26 Article 30 Flexible Classifications Page 26 Article 31 Flexible Start Hours Page 27 Article 32 Flexible Work Schedules Page 27 Article 33 Flexible Job Sharing Page 28 Article 34 Health Insurance/Flexible Benefits Program Page 28 Article 35 State Disability Insurance/Family Medical Leave Benefits...Page 31 Article 36 Long Term Disability Page 31 Article 37 Retirement Page 32 Article 38 Defened 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 Article 55 Attachment A Attachment B Attachment C Attachment D 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-discriminafion 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 Standby Reopener Page XX Working a Reduced FTE Schedule Attachment E Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment Attachment F Separation Agreement and General Release MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees' Association Foreword The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter refened 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 of the 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 Febraary 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, 20132015, through December 31,3Oi42017. 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 of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to inifially meet not less than forty-five (45) calendar days and no more than six months prior to the expirafion 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 representafive 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 writing by CCEA's President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carisbad, CA 92008). C. Copies of all conespondence 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 disraption 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 posifion of officer of the Employee Associafion occupies a posifion 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 7 City Rights The rights of the City include, but are not limited to the exclusive right to determine mission of its consfituent departments, commissions, committees, and boards; set standards of service; detennine 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 classificafions; take all necessary acfions to cany 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 acfivities 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 ofthe 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 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 Sheef is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the "Information Sheet" shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the "Information Sheet." Prior to distribution the "Information Sheef 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 fumish bulletin boards for use ef-by 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. The 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 Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, Housing & Neighborhood Services, 1110) the City Clerk's Office, and 4-211) 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 cunent 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 anangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access. F. CCEA may, with the approval of the Human Resources Department, be granted the use of City facilifies 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 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 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 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 Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees; are restricted from representing any employee organization that represents other employees ofthe City on matters within the scope of representation may not act as representatives of employee organizations which represent other employees ofthe citv (e.g.. mav not represent employees in discipline or grievance procedures), mav not provide infonnation related to or participate in labor negotiations on behalf of CCEA. • and may not. For example, confidential employees may not disclose information obtained in their job duties to bargaining unit members or any employee organization 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 Specialistall CCEA-represented positions in this departmentT 2) City Manager's Office: all CCEA-represented positions in this departmentAdministrative Secretary, Secretary. 3) City Attomey's Office: all CCEA-represented positions in this departmentLefiol- Assistant, Legal Secretary. 4) Finance Department: Administrative Secretary, Accounting Supervisor Accountant and Account Clerk llAccounting Technician assigned to payroll responsibilities. Business Systems Specialist, Secretary. 5) Information Technology Department: Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to. HCMS. timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidenfial employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions. 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 of the fee, and annually 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 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 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 conscienfious 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 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 refened to in section 3.0 above pending the final determination of the 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 of the covered employees, the City will transmit the agency fees deducted from the paychecks of those employees to the new representative without intenuption. 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 conesponding 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 anangement. Article 12 Compensation Adjustments 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, 20 H a Pay for Performance System as outlined 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 12/31/20M 2015 will be funded at four percent (4%). The pay for perfonnance base pay matrix (described in Article 54) for 12/31/2016 will be funded at four percent (4%). The pay for perfonnance base pay matrix (described in Article 54) for 12/31/2017 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 deposh. 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 cunent 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 ran 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 enors 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 compensafion at the rate of time and one-half his/her regular rate of pay, except as outlined 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 minimum of two (2) hours work commencing at the time of the page, except an employee shall not be entitled to said minimum if the assignment has been scheduled in advance and the employee is provided with at least seven (7) calendar days' notice of said assignment. 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 accrae more than eighty (80) hours of such compensatory time. Should any employee exceed eighty (80) hours of accrued 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 disrapt the operations of the department. At any time an employee may elect to "cash ouf any portion of his/her accrued compensatory time balance at his/her regular rate of pay by requesting this "cash out" on his/her time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 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 own 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 11 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. 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 cany a City-provided cellular phone during standby assignment; c. Respond to a page by telephone promptly without delay. If an employee has ananged 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 Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rales 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$35.Q0 per day for each day on standby assignment (effective the tlrst day of the pay period following Citv Council approval of this MOU). _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. L The Information Technology Department Standby Policy dated March 25, 2002 will be eliminated and the department will stop using/scheduling standby rotation at a time to be detennined by the InfoiTnation Technology Director, no earlier than March 1, 2015. Article 15 Working Out of Classification Whenever the needs of the City require an employee to temporarily perform the duties of a job classitication that has a higher pay range than the pay range associated with their current job classification higher classification than that in which the employee is cunently 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 cunent 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 qualificafions 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. 13 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 of the 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 aitemative 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 rules. 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 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 accraed. Once the employee's accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period. Wages alone will be the basis of computation for occupational sick leave. 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 consultafion 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 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 prescripfion 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 15 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 Constraction & Maintenance Worker II 3. CMWD System Operator II 4. CMWD Water Conservafion 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 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/lII 23. Tree Trimmer I/II 24. Tree Trimmer Leadworker 25. Ufility 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 menfioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City facility or some other catastrophe or accident not due to the employee's negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee's possession at work, including those tools over and above the "essential tool list," must be on file with the Superintendent. The City has the right to request that a specialized tool(s) not be kept in the employee's inventory. The City will reimburse the employees in the above classifications up to five hundred fifty ($550) dollars in a fiscal year for the cost of tools, subject to the following condifions: 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 cunent 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 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. 17 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 4^—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) confinuous years of service in the City of Carlsbad at Step 5 ofthe 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. Salar>' 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 ofthe 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 of the 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 rtmge 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 ofthe new salary range. Upon implementation ofthe 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—20 Vacation Every probationary and regular full time employee shall accrae vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accraed on a daily (calendar day ) basis. Vacation leave can be used in 15 minute increments. A. Basis of Accraal Accraal of vacation begins with the first working day following appointment and thereafter accraes on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first (1st) 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. • Begirming the fourteenth (14th) year of employment through the completion of fifteen (15) full calendar years of continuous service - 25 minutes/day. • Begirming the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. B. Vacation Accrual Maximum All employees shall be entitled to eam and accrae up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to eam and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum. Department Heads shall encourage the taking of accraed 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 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 Febraary ,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 accraed 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 22-21 (Holidays). E. Effect of Leave of Absence on Accrual of Vacation Leave An employee's accumulation of vacation leave will cease after the completion of two (2) full scheduled pay periods in which the employee has not received compensation due to a leave of absence without pay. Accraal will be reinstituted begirming the first day the employee has returned 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 Payout An employee with regular status separating from the City service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last dav on payroll, terminal pay in lieu of such vaeation. No leave credit will be earned on terminal leave payments. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. Article 22-21 Holidays A. Authorized Holidays The City shall observe: eleven (11) scheduled paid holidays plus tw^one (31) floating holidays for employees assigned to eight-hour-per-day-five-days-per-week workweeks and employees participating in the 9/80 alternative work schedule. The City shall observe eleven (11) scheduled holidays for employees assigned to ten-hours-per-day- four-days-per-week workweeks. The fioating 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 One (21) Floating Holidays per fiscal year 20 Effective 7/1/20142017. ene-the fioating holiday will be eliminated for all employees who cunently were receiving e them it prior to that date, (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 specific 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 dufies 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 entitled to holiday pay in the amount of eight (8), nine (9), or ten (10) hours, as applicable, at straight time. 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. 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. 21 Article 23-22 Sick Leave Sick leave can be used in 15 minute increments. A. Accraal Every probationary and regular full time employee shall accrue 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 accraed on a daily (calendar day ) basis. Such accraals 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 of the employee. Immediate family is defined in Article 3423, 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 acfion 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 22 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. Accraal will be reinstituted upon retum to work. D. Blood Donations Employees making a donafion 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 23-21 (Holidays). F. Sick Leave Conversion Any permanent employee who has accraed 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 accraal 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 34-23 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 accrued leave is available, treated as leave without pay. The "immediate family" shall be defined in the persormel rules and regulations. B. The employee may be required to submit proof of relative's death before final approval of bereavement leave is granted. Article 2§A-24 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 23 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 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 of the leave of absence will be longer, the approval of the 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 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 24 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 accraals 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. Accraal will be reinstituted begirming 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 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 of the privileges granted to regular employees (e.g., holiday pay), unless required by law. G. Comprehensive Leave Policy 25 CCEA and the City agree to a reopener during the tife-teiTn of this contract to talk- abeutnegotiate 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 combinafion of accraed 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 accraed 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 of the date the leave shall commence and the estimated duration of the 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 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 26 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 accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. Article 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 descripfion. The employee shall be placed at the nearest step of the journey level salary range which represents a minimum receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum ofthe iourney level posifion, the employee's salary will bet set equal to the pay range minimum. 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 1 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 of the entry level positions listed below shall be reclassified to the joumey level posifion 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 journey level salary range which represents a minimumreceive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would resuh in a salary that is below the pay range minimum of the iourney level position, the employee's salary will bet set equal to the pay range minimum. Entry Level Position Joumey Level Position Building Inspector I Building Inspector II Code Enforcement OfficerCompliance Specialist I Code Enforcement QfficerCompliance Specialist II Inspector I Inspector II Equipment Technician I Equipment Technician II Utility Worker I Utility Worker II Water Svstems Operator 1 Water Systems Operator II 27 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 ofthe 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 ofthe 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 l/ll 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 fiexible 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 fiexible 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 cunently operating on an aitemative 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 Aitemative Work Schedule: 28 7\ 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 confening 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 Government Code Secfion 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. 2013January 1. 2015. 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 fiexible spending account(s): (a) For employees with "eEmployee-eniy" coverage, the City shall contribute five hundred seventy-eightninety-six ($578596) per month (increased from $553-578 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 "Eemployee Pplus Oone dependent" coverage, the City shall contribute one thousand twenty sevensixty-six ($1,0271.066) per month (increased from $9^1.027 per month) that shall include the mandatory 29 payments to CalPERS. If the actual total premiums exceed the City's total contributions, the employee will pay the difference. (c) For employees with "employee plus two or more dependentsFamily" coverage, the City shall contribute one thousand three hundred nineteen ninety-eight ($-h»M»1.398) per month (increased from $4-^3591.319 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 ofthe 2013 calendar year, the increase in benefit credits outlined in this section will be paid to the employee in cash and reported as taxable income. A2; 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 detennine the new monthly City contribution dollar amount. Ar3-A2. 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 Januarv 1. 2015 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 Benefits credits Credits for CCEA members employed by the City on that date. The total cash amount will depend on the employee's medical coverage level as ofthe pay period that includes January 1,2015 and the number of payroll periods in 2013 2015 that occur between March 1. 2013 January 1. 2015 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. A4A3. 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 ofthe increase will be detennined by 1) taking the average percentage increase for all ofthe 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. Effective the pay period that includes 1/1/2016. the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 90% ofthe average health (medical, dental and vision) premium for Employee coverage and 82% ofthe average health (medical, dental and vision) premium for Employee + 1 and Family coverage levels, rounded to the nearest whole dollar. A4. Effective the pay period that includes 1/1/2017. the Chy monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar 30 amount that equates to 85% ofthe average health (medical, dental and vision) premium for Employee coverage and 82% ofthe average health (medical, dental and vision) premium for Employee + 1 and Family coverage levels, rounded to the nearest whole dollar. A5. Effective the pay period that includes 12/31/2017, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% ofthe average health (medical, dental and vision) premium for Employee. Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1. 2018. A5A6. Effective the first full pay period after ratification ofthe MOU between the City and CCEA (prospectively only) uUnused 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 opfion of using any "excess credits" to purchase dental, vision, or accidental death and dismemberment (AD&D) -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 dismembemient (AD&D) insurance. A7. All active CCEA-represented employees who work three quarter-fime or less will receive prorated benefit Benefits creditsCredits. B. Dental Insurance Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored dental plan at any coverage level. 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 ofthe employee's medical coverage. C. Vision Insurance Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored vision insurance plan at any coverage level. 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). D. Retirees Each retired employee who was a member of this bargaining unh 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 31 A 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 effecfive 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 elect, upon retirement.continue to participate in the City's dental and/or vision insurance programs as a retiree. 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. An individual retifee-who does not choose confinued coverage upon retirement, or who chooses coverage and later drops it. or drops coverage, is entv-not eligible to retum to the City's dental and vision insurance program- during open enrollment periods. Those individuals who are CCEA retirees as of ratification of this MOU by City Council will receive two letters prior to receiving their open enrollment information for changes elYective January 1, 2016. The letters will explain that if they choose not to elect dental/vision insurance effective Januarv 1. 2016. or if they drop coverage later, they will not be eligible to return to the City's dental/vision insurance program. The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments cunent to ensure continued coverage. Opt Out Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of opting out ofwaiving the City's medical insurance program, provided they can show that they are covered under another insurance program. Effective the pay period that includes March 1, 2013January 1. 2015, employees who elect the opt-outwaiver provision will be given a reduced City contribution amount (Benefits Credits) of two hundred fiftv-ninety-eight ($250298) per month (increased from $3^250 per month) to be used toward the purchase of dental insurance, vision, or accidental death and dismemberment (AD&D) 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 fit^ninety-eight ($350298) per month will be granted to any employee who elects to opt outwaive e4-the CalPERS Health Program, regardless of the employee's level of coverage (Eemployee-enly, Eemployee Pplus Oone dependent, employee plus two or more dependentsFamily). To provide CCEA members with the value of this increase in Benefits Credits for the pay periods that include the period between January 1. 2015 and rafification 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 Citv Council, make a one-time taxable (non-PERSable) cash payment equal to the increase in Benefits Credits for CCEA 32 members employed by the City on that date. The total cash amount will depend on the employee's medical coverage level as of the pay period that includes January 1, 2015 and the number of payroll periods in 2015 that occur between January 1. 2015 and rati fication of this Memorandum in which Benefits Credits were applied before implementation of the Benefits Credits increase related to the waiver provision. The dollar amount paid by the City for employees who elect the opt outwaiver provision will be increasedchange in the first pay period of calendar year 30442016, 2017 and in the pay period that includes December 31. 2017. The Benefits Credits associated with waiving medical coverage will be set equal to 50% ofthe Benefits Credits associated with Employee medical coverage. The amount ofthe increase will be determined by 1) taking the average percentage increase for all ofthe CalPERS HMO health plans for January 1 st 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 ofthe MOU (prospectively only) unused 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 ofthe insurance program. The employee may elect to use accumulated vacafion, sick leave or compensatory time off during the seven day elimination period. C. Employees represented by CCEA shall be enthled 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 enthled 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 33 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 "Classic" Members (those that do not qualify as "New Members" as defmed below) • Miscellaneous Tier-HeEmployees entering Chy of Carlsbad miscellaneous -CalPERS membership for the first time prior to November 28, 2011) - The retirement formula shall be 3% @ 60; single highest year final compensation. • Miscellaneous Tier-3-(eEmployees entering City of Carlsbad miscellaneous- CalPERS membership for the first time on or after November 28, 2011) - The retirement formula shall be 2% @ 60; three year average final compensation. "New Members" Employees who are "New Members" as defined by the Califomia Public Employees' Pension Refonn 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 rRetirement 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 mMiscellaneous employees subject to the 3% fai 60 benefit formula shall pay all of the employee retirement contribution (8%) • Tier 2 mMiscellaneous employees subject to the 2% (ql 60 benefit formula shall pay all of the employee retirement contribution (7%) • Tier 3 mMiscellaneous employees who meet the definition of "New Member" under PEPRA shall pay one half of the normal cost rate associated with their 3-"'-tiefbenelit plan. 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 borne entirely by the employee. Payments by the employee to 34 CalPERS are to be ananged by the employee directiy with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may anange with the City for such payments to be made by means of payroll deduction 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 defened compensation provider (cunently 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 defauh 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 of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulafions. The City's exercise of management rights is not reviewable under this procedure unless such exercise also violates other proyisions(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 rales of the City, such as: 35 (1) Appeals from formal disciplinary proceeding. (2) Appeals from work performance evaluations. B. Group Grievances Within thirty (30) calendar days after authorized representatives of the 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) idenfifies 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 of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (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 employees who filed, read and signed the group grievance due to differences in the circumstances or occunences 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 knowm 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 writing 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. 3« A r 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 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 rales 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 rules of the City such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If it calls exclusively for relief that carmot 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 via e-mail (work and personal, if known). If receipt ofthe e-mail nofice is not confirmed, the notice 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; 37 13 (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 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) Falsification of any City report or record. (12) Willful violafion of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (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-Disciplinary 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 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 38 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 of the employee's response or failure to respond in a timely manner, the City 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 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 via e-mail (work and personal, if known). If receipt ofthe e-mail notice is not confirmed, the notice 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 writing and the supervisor shall make the necessary anangements 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 anange 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. 39 I /-•7 i^'i 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 own 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 Persormel 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 Mediafion Services (JAMS). (3) Permissible Relief In the case of a grievance appeal, the hearing officer may only recommend that the relief inhially 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 40 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 written 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 Policv I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drag Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.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 drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities 41 34 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drags nor be under the influence of alcohol or drags in the workplace or while on-call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by City management, acting pursuant to this policy, or by law enforcement personnel; c. notify the City of any conviction under a criminal drug statute (including any pleas of nolo contendere), if such conviction was based on a violation which occuned in the workplace, no later than five days after such conviction; (nofification 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 drags, 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 drug statute whose scope and employment are relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee's employment with the City, consistent with the legal requirements for disciplinary due process. Employer Searches For the purpose of enforcing this policy and maintaining a drag-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 42 supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concunence of more than one supervisor. Nothing herein shall prevent the City from taking appropriate action if there is an inadvertent discovery of evidence of drag 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. 11. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drag and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drag 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 drugs or alcohol will be rejected for City employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the City has reasonable suspicion that an employee is under the influence of drags 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 anangements can be made to transport the employee to his or her home. 2. Some examples of "reasonable suspicion" as defined in Section 1 .A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. sluned speech. 43 b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving City property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f attributable possession of alcohol or drugs; g. informafion obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs; 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by City management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including terminafion. 4. A drag and alcohol analysis may test for the presence of any drag 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 drag and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 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, refenal to treatment, and follow-up. Any employee of the City wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and anange for an appointment with a counselor. B. Employees who are concemed about their alcohol or drag 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 violafion of any City policy. 44 It'-t 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 rales 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 constraed 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) Persormel, medical and similar files, the disclosure of which would constitute an unwananted 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 Ihigation 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 occuning 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. corraption 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 constraed 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 organizafion or shortage of work and funds. The City will use its best etfbrts to give the employees as much notice as possible with a minimum of fourteen (14) calendar days prior to the effective date of a layoff The appointing authority or designee shall notity the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee aft^cted and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City w-ork force. (a) City Service Seniority: City Service Seniority shall be determined as the period oi" total continuous service with the City as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their City Sei'vice Seniority in the affected classification series; (3) City probationary employees in reverse order of their City Service Seniority in the affected classification series; (4) and regular employees in reverse order of their City Service Seniority in the affected classification. (c) Reduction in Force—Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the City shall demote the employee in that classification with the highest Citv Service Seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be cunently qualified. An employee may refuse to accept-a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this proeedurer The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be cunently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. (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 with copv to CCEA. The notice shall include the (1) reason fbr layoff. (2) classes to which the employee mav demote within the City, if any. (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. 46 15/1 V ? (e) Detennining Order of Layoff and Demotion for l-jnployees With Identical City Service Seniority: Should tw-o or more employees have identical City Service Seniority, the order of layoff and demotion will be determined by the Human Resources Director who will use randomizing software to determine seniority. (f^ 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. (g) 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. (2) Irjnployees 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. (h) 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 which an employee has served within a classification series shall first be oflered to employees on this list. (i) Reemployment of Employees Laid OIY 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 qualifV in the order of their City Service Seniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify fbr such vacancies prior to an open or promotional recruitment. (j) 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. Eligible individuals 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. (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following a reduction in fbrce, an individual will have the following benefits restored: (1) Prior sick leave accruals. (2) City Service Seniority at time of layoff fbr purposes of detennining merit increases, vacation accruals and future reduction in force. 47 (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which he/she was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the cunent effective salary plan at the ti me of reemployment, whichever is lower. (1) Payoff of Accruals Upon Layoff: Laid off employees are to be paid fbr all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees' Retirement Law as contained in the Govemment Code. (n) Severance: CCEA represented employees involuntarily separated from the City service due to layoff shall receive ninety days (720 hours) of the equivalent of three (3) months' base salary, computed at the employee's actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment F and incorporated herein. The Separation Agreement and General Release is not subiect to negotiation, either individually or collectively. 48 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 rafification of this Memorandum, and continuing until such fime 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 fbllowing 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: (A^ 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 lirst demote the employee in that classification with the greatest length of continuous City sei'vice 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. (e) Reduction in Force Layoff Whenever there is a reduction in the work force, the City shall secondly lay off employees within a classilication 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 known address of each employee affected by a layoff. The notice shall include the (1) reason fbr layoff, (2) classes to which the employee may demote within the City, if any, (3) effecfive date of action, (4) condhions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) Determining Length of Seniority: In detennining continuous City senice 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 49 absence and including all periods of time served as a limited teim or CETA employee, shall be counted as continuous City service seniority. (f) Order of Reduction in Force: In a reduction in fbrce the fbllowing order of layoffs shall be follow^ed: (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 detennined by alphabetical order ofthe employees' surnames, with the employee with the la.st name beginning with the letter closest to the beginning ofthe alphabet to be selected for layoff or demotion first. (h^ Transfer: All effort will be made by the City to transfer anv 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 fbrce, employees shall be demoted in the fbllowing manner: (Ar) 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. (3^ 15mployees 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 elassification. © Reinstatement of Fmiployees 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 which an employee has served within a classification series shall first be offered to employees on this list. (k) Reemployment of Employees Laid OtTas a Result of a Reduction in Force: Employees who are laid off and who held permanent Gity 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 50 ^3 such classifications will be offered to eligibles on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. (V) Duration of Reinstatement and Reemployment Lists. The eligibility of individuals on the reinstatement and reemployment list shall extend fbr a period of two years from the date of demotion or layoff Eligibles not responding to written notification of an opening after fourteen (14) calendtir 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 fbllowing a reduction in force, an individual will have the following benefits restored: (4-) Prior sick leave accruals. (3) Seniority at time of layoff fbr purposes of determining merit increases, vacation accruals and future reduction in force. (3) The salary paid to an employee who is reemployed shall be equivalent to the salai'y plan at the time of reemployment. 4f 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 S tep 5 or, as of January 1. 2014, at the nmge maximum as reflected in the cunent effective salary plan at the time of reemployment. (ft) Payoff of Accraals Upon Layoff: Laid off employees are to be paid fbr all accraed 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. (e) Retirement Contribution: The disposition ofthe retirement contributions of a laid olT- employee shall be governed by 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 ofthe ratificafion of this MOU regarding changes to layoff procedure (Article 44). Article 45 Carlsbad Municipal Water District 1. Effective Febraary 17, 1992, employees of the Carlsbad Municipal Water District ("CMWD") shall become employees ofthe City of Carisbad ("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-and salary range, and salary step shall be subject to future modification upon AM completion of a City classificafion and compensafion study. In no instance shall an employee's salary be reduced as a resuh of the City classification and compensation study. 2. Effective Febraary 17, 1992, each CMWD employee shall be subject to the City's persormel system as established by the municipal code, the persormel rules and regulations, administrative orders, the applicable memorandum of understanding, and other applicable ordinances, resolutions, and rules and regulations dealing with personnel and employer-employee relations. 3. Effective Febraary 17, 1992, each CMWD employee shall be subject to the work rales and operations rules 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 Febraary 17, 1992. 6. Employees hired on or after February 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 cunent 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. 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. 52 )t|5 Article 47 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all cunent and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in confiict or inconsistent with such above applicable laws, rales and regulafions, 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 affiliafion, race, color, religion, gender, sexual orientafion, marital status, age, nafional 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 characterisfics 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 consuh 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. 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 descripfion 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 cunent 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 addifion, 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 regulafions 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, Thie 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 cunent CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the dufies 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 54 1^7 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, fiow 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. Inspecfions 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 fumish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the ufilities. 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 City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change 55 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 cunently 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 of the 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 meefings. 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 56 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 of the 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 writing 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's_ receipt 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. 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. This article does not apply to employees who are in a provisional appointment. However, if an employee moves from a provisional appointment to a regular position without a break in City service, their time spent in the provisional appointment shall count for purposes of detennining eligibility for a base pay salary increase or cash reward. I. PURPOSE; |5£) 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. II. 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. HI. GUIDANCE: A. Annual Review Cycle The Performance Management Cycle is aligned with the calendar year. Below is a summary of the annual cycle. 58 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, intenelated steps. Step 1 - Performance Planning Supervisors and employees will have an initial discussion to determine which fimctional 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. 59 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 of the 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 persormel file. The employee will be entitled to provide a written 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 meefing 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 evaluafion period. The two-way discussion focuses on accomplishments, areas for growth and improvement, job accountabilities and defined competencies. This meefing 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 ofthe 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. 60 Human Resources - The role of Human Resources will be to monhor the acfivifies ofthe 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 of the 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 cany 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 fimely 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. 61 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 functions 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 posifion. 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 Plarming 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 funcfional competency and the supervisor will choose the other. Setting Priorities Individual priorities indicate specific resuhs 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, irmovation 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 62 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 ofthe 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 down based on the City's strategic plan and initiatives from senior management, to mid-level managers, to supervisors and to line employees. A well-written 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 > h 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 funcfional competencies and the priorifies, and for providing written nanafive to explain these ratings. 63 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 Performance does Performance Performance Performance not meet not consistently consistently meets exceeds significantly requirements. meet all requirements. requirements and exceeds Performance is requirements. Employee is fully demonstrates the requirements. consistently and Performance proficient and ability to handle Employee has made seriously deficiencies are adequately assignments of contributions and inadequate. This such that demonstrates the greater complexity achievements well employee must improvement is desired and responsibility. beyond those make immediate needed for the competency This employee required by their and sustained employee to behaviors for the shows initiative assigned improvements. safisfactorily meet level of the job. and seeks responsibilities. In requirements. opportunhies to many cases. 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 of the 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 64 / 1 ^ 1 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 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 cunent 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' perfonnance 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. I k SAMPLE BASE PAY MATRIX 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% 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. 66 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 "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 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 written 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: 67 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 ofthe review cycle will not bo 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 structure reflects competitive pay levels for jobs assigned to each pay grade and provides the basis fbr 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 Ibr CCEA. 1. Citv of Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Caion 5. Chy of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. Citv of Oceanside 11. Citv of Poway 12. Citv of San Marcos 13. Chy of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. Countv of San Diego The seven (7) agencies listed below will also be considered in the survey market fbr the job classifications of • Cross Connection Control Technician. • Senior Cross Connection Control Technician. • Sanitation Systems Operator I/II/lIl. • SCADA Technician, 68 lip' * utility Worker l/ll/lll. » Waste Water Utility Worker I/II/lII and • Water Systems Operator I/II/III. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Irrigation District Every two years, the Tbe Human Resources Department will «MHa41y compare salary and benefits infonnation on each City of Carlsbad benchmark classification with appropriate classitications in the comparator group. Those classifications that are considered benchmarks are those in which there was a substantial match betwveen the competencies and duties required fbr 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 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 structure based on internal relationships, responsibility and/or knowiedge. skills and abilities of jobs. The benchmark salary data will be surveyed every two yearsarmually and the benchmark comparisons will be modified when the classifications change within the organization. Human Resources will provide the CCEA with supporting data Ibr 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. The key element ofthe CCEA employee pay for performance program is the base pay structure. Covering all CCEA jobs, the base pay structure 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 ofthe salary grade. In keeping with the City Council's philosophy of surv-eying the total compensation of local agencies, the agencies listed below will be considered in the survey market for CCEA.— •—City of Chula Vista— •—C ity of Coronado •—Citv of Del Mar 69 City of El Cajon City of Encinitas City of tsscondido City of Imperial Beach City of La Mesa City of National City Citv 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 infomiation 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 fbr the comparator group. A benchmark requires a minimum of three comparators. The job matching is conducted by the Human Resources Departinent. From time to time the 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 structure based on internal 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. VI. 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 Plarming - Competencies • Conducting Performance Evaluations • Coaching, Counseling and Feedback • Compensation Administration 70 • 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. VIII. RE-OPENER CCEA and the Citv agree to form a task force to review the Pay for Performance svstem and identify areas for improvement and propose changes. CCEA and thc Cit\' agree to a maximum of two reopeners during the term of this contract to negotiate modifications to Article 54 (Pay for Performance Guidelines). Article 55 STANDBY REOPENER At any time during the term ofthe MOU. the City may reopen negotiations on the issue ofthe use of standby duty. CCEA acknowledges that the City has the management right to decide whether or not to assign employees to standby duty and that any negotiations shall be regarding the etfects ofthe City's decision on CCEA members. This reopener will not be utilized to strike or remove any provisions of Article 14 section 10 as to standby duty that continues to be used for a particular classification. If 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 COATESSTEVE SARKOZY. City Manager Date Approved as to form: CELIA BREWER, City Attomey Date Carlsbad City Employees' Association PAMELA DREWTYE GILLESPIE. President, CCEA Date 72 ATTACHMENT B BENEFITS RETAINED BY CMWD EMPLOYEES A. Health Insurance The City will provide employees and dependents with a choice of ACWA-Blue Cross Pradent 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 return to the cunent 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' 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 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 remanies, 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. 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 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 Defened 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 accrual can be used in 15 minute increments. Accruals will be calculated daily. 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. Canyover 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 Buyback 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% ofall 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 wrifing. All such discharged employees shall be entitled to any normal compensafion due, and shall receive all accumulated vacafion 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 funds, or changing position requirements. Should layoffs be required, they will be implemented by considering an employee's proficiency, productivity, length of employment, attendance, and reliability. Such employees shall receive two weeks written notice of layoff. When layoff is anticipated to exceed 14 days duration, the following shall apply: An employee will be paid all accumulated vacation pay due. If employed at least one year, an employee will receive 50% of all accumulated sick leave in excess of 250 hours to be reimbursable at 100%. 5. Resignation Employment may be terminated at will by an employee. If an employee wishes to resign, the City desires a two (2) week notice in writing. All accumulated vacation pay and sick leave compensation will be paid upon resignation. If employed at least one year, an employee will receive 50% of all accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. L. Long-Term 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 shown in Attachment C2). NM. 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). ON. Non-Eligibility An employee shall not be eligible for the following benefits provided by the City: 1. Compensatory time off accrual as set forth in Article 15, Section 4 of the MOU with CCEA. An employee shall be eligible to accrae 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. -1 0 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% of the full 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 cunent 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 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 of the benefits credhs for which full fime employees are eligible. (Refer to benefit rate sheets.) Leave Accraals • SICK LEAVE: Accraed at appropriate prorated percentage of the full-time accrual rate. -1 1 VACATION: Accraed at appropriate prorated percentage of the full-time accraal 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 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 fime off accrued 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 credh 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 fime status I 1 0.75 I 1 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' Associafion (CCEA), I, am accepfing the assignment of the Maerkle Facilities Steward and acknowledging the following requirements, responsibilhies 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 cunent 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 cunent CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilhies Steward be assigned to an employee that does not comply with the regulations as outlined above. ^4 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 facilifies 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 notificafion 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 inspecfions of the enfire 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 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 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 ]15 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. 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 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' nofice 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 least.sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. Sole Place of Residence The crew member assigned as the Steward shall maintain the residence as his/her sole place of residence. Others Living at Residence Only the Steward and a reasonable number of persons who constitute a bona fide single household unh 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 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 of the 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. The rent at the Maerkle residence is cunentiy set at $75.00 per pay period. Automafic 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 ATTACHMENT F SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad ("CITY") and ("EMPLOYEE") with reference to the following facts: Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in E^MPLQYEE's job classification. In consideration ofthe mutual covenants and promises contained herein, the parties hereto agree as follow^s: 1. Termination of Employment Relationship The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of . 20 . with EMPLOYEE'S last actual dav at work being , 20_ . 2. Benefits of Agreement A. In consideration of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE'S separation from the CITY as a reduction in force when applying for unemployment with the State of California Employment Development Department (E^DD). EMPLOYEE agrees to use the date of , 20 as the effective date of separation. B. While EMPLOYEE'S separation date is . 20 . any health insurance benefits EMPLOYEE receives wiU continue until ^ 20 ; dental and vision, if any, will continue until , 20 . C. EMPLOYEE will receive ninety days (720 hours) of the equivalent of three (3) months' base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 RishI to Revoke Agreemenl. has expired. D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which EMPLOYEE would otherwise be entitled upon separation. E. EMPLOYEE agrees that he/she has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinaff er with any goverimiental agency or any court arising out of his/her employment with the CITY. EMPLOYEE fiirther agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of his/her employment: however, he/she shall not be limited from pursuing claims or other enforcement activities ibr the sole purpose of enforcing EMPLOYlEE's rights under this Agreement. EMPLOYEE fully releases and discharges the CITY, its council members, officers, employees, agents and attorneys, from all actions, causes of action. claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to. any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to EMPLOYEE'S employment with the CITY, including, but not limited to, those arising out of any claims fbr violation of any alleged contract, express or implied: any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy: any federal, state, or local law^ statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. $^12101-12213): the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2): the Age Discrimination in Emplovmem Act (29 U.S.C. §§621-634); Title VII. Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)l-17): and the Califbmia Fair Emplovment and Housing Act (Gov. Code § § 12900-12996). EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, know^n or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 ofthe California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Entire Agreement This Agreement constitutes the sole and exclusive understanding ofthe parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY. Severability If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, .such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction. 5. Controlling Law This Agreement shall be construed and enforced in accordance with the laws ofthe State of Califbmia. Any action to enforce this Agreement shall be brought in the Superior Court of Califbmia, County of San Diego. North County Judicial District. 6. Advisemcnt-to Consult with Experts The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attomey or professional of EMPLOYEE'S choice and EMPLOY1315's own expense. 7. Right to Revoke Agreement A. EMPLOYEE may revoke this Agreement within seven (7) business days ofthe date of EMPLOYEE'S signature. Revocation can be made by delivering a written notice of revocation to the CITY's current Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh (7th) business day after EMPLOYIEE signs this Agreement. B. If EMPLOYEE exercises his/her right to revoke consent to this Agreement during the seven (7) dav period after he/she signs this Agreement, this Agreement shall not be effective or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C. 8. Non-Admission of Liability The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the termination ofthe employment relationship. 9. Reemployment Rights EMPLOYEE and CITY agree that any rights to reinstatement to any cunent or future vacancy will be governed by the layoff provision (Article 44) ofthe Memorandum of Understanding between the CITY and the Carlsbad City Employees' Association (CCEA) in effect at the time ofthe separation. 10. Effective Date of Agreement Provided no notice of revocation is received by CITY pursuant to Section 7. this Agreement shall become effective on the eighth (8th) business day from the date in which this Agreement is signed and dated by EMPLOYEFl If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh (7th) calendar day after receipt of the Agreement by CITY. EMPLOYEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND THAT HE/SHE UNDERSTANDS IT AND IS VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40 YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. $$621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST FORTY-FIVE (45) DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO LATER THAN SEVEN (7) DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY PERIOD HAS EXPIRED. IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing his/her name hereto. City of Carlsbad Date Employee Date City Manager Approved as to Form Date by City Attomey