HomeMy WebLinkAbout2016-06-28; City Council; 22332; ADOPT A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH CARLSBAD POLICE MANAGEMENT ASSOCIATION WITH AN AVERAGE ANNUAL FISCAL IMPACT OF $78,000 AND TRANSFER FUNDS OF $49,000 FROM COUNCIL CONTINGENCYCITY OF CARLSBAD-AGENDA BILL 10
AB# 22 332 ADOPT A RESOLUTION APPROVING A DEPT. HEAD <; ,-s ·. f
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MTG. 6/28/16 MEMORANDUM OF UNDERSTANDING WITH CITY ATTY. ~-~~
DEPT. ASD-HR THE CARLSBAD POLICE MANAGEMENT CITY MGR. ASSOCIATION (CPMA) WITH AN AVERAGE \(.,· .....----
ANNUAL FISCAL IMPACT OF $78,000 AND
TRANSFER FUNDS OF $49,000 FROM
COUNCIL CONTINGENCY
RECOMMENDED ACTION:
Adopt a Resolution approving a Memorandum of Understanding (MOU) with the Carlsbad Police
Management Association (CPMA) at an average annual fiscal impact of $78,000 and transfer funds of
$49,000 from the Council Contingency account.
ITEM EXPLANATION:
Representatives of the city and the Carlsbad Police Management Association (CPMA) have met and
conferred in good faith and have reached an agreement regarding wages, hours and other terms and
conditions of employment for represented employees. The Memorandum of Understanding (MOU)
with CPMA includes the following provisions:
• TERM: January 1, 2016 to December 31, 2018
• COMPENSATION ADJUSTMENTS/PAY FOR PERFORMANCE: CPMA employees have been part of a
formal Performance Management and Compensation System since 1997. This pay for
performance system has been used to reward employee performance (when funding is
authorized by the City Council) for the demonstration of competencies and the achievement of
goals.
Effective December 31, 2016, a one percent (1%) base pay matrix will be utilized to
calculate merit increases for all eligible CPMA-represented employees.
Effective December 31, 2017, a one and a half percent (1.5%) base pay matrix will be
utilized to calculate merit increases for all eligible CPMA-represented employees.
Effective December 31, 2018, a two percent (2%) base pay matrix will be utilized to
calculate merit increases for all eligible CPMA-represented employees.
• PAY RANGES: The pay ranges will increase by 3.5% on December 1, 2017 (see Attachment A).
• FLEXIBLE BENEFITS PROGRAM: Effective the pay period to include January 1, 2016, the city's
health insurance contribution for CPMA-represented employees for each coverage level will be
set to the following amounts:
DEPARTMENT CONTACT: Debbie Porter 760-602-2441 Debbie.porter@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
~
0
0
0
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
0 ____ _
0
0
0
-
Item No. 10 - AB #22,332 June 28, 2016 Page 1 of 83
Page2
Employee Only= $547 /month (decrease of $2/month)
Employee+ 1 = $1,089/month (increase of $41/month)
Family= $1,428/month (increase of $51/month)
Waive Medical Insurance= $273.50/month (decrease of $24.50/month)
Effective the pay periods that include January 1, 2017 and January 1, 2018, the city's health
insurance contribution will be set to dollar amounts that equate to eighty percent (80%) of
the average health premium for those enrolling in the group health plan. For those who
waive medical coverage, the city's contribution will be equal to fifty percent (50%) of the
contribution associated with the Employee Only coverage level.
• EDUCATIONAL INCENTIVE: Effective January 1, 2016, CPMA employees who present proof of
evidence of the award of an Advanced certificate issued by the State of California Commission on
Peace Officer Standards and Training (POST) will receive one hundred fifty-six ($156) bi-weekly.
Effective January 1, 2017, CPMA employees who present proof of evidence of the award of a
Management certificate issued by POST will receive three hundred seventeen ($317) bi-weekly.
An employee who meets the criteria for compensation under more than one level, above, shall
receive compensation for only the highest such level for which he or she qualifies.
• RE-OPENER: The parties agree to a re-opener during the term of the MOU to negotiate 1) impacts
of changes to technology in the Police Department and 2) the issue of health insurance benefits
related to the Affordable Care Act (ACA).
• LEAVE OF ABSENCE: Changes to the leave of absence provision in the CPMA MOU that put limits
on the benefits given to those employees who are on an extended leave of absence.
• COMP TIME MAXIMUM: An increase to the maximum hours of compensatory time off that an
employee can accumulate (from 100 hours to 150 hours).
• Language changes to be incorporated into the CPMA MOU that are outlined in Exhibit 2.
FISCAL IMPACT:
The estimated annual fiscal impact associated with the actions described above is outlined below.
• The estimated annual cost of the December 31, 2016 one percent (1%) base pay matrix, the
December 31, 2017 one and a half percent (1.5%) base pay matrix and the December 31, 2018
two percent (2%) base pay matrix is $14,000, $32,000 and $43,000 respectively (which
includes salary and related benefits).
• The estimated additional annual cost related to the changes in Health Benefit Credits effective
the pay period to include January 1, 2016 is $5,000. The estimated additional annual cost
related to the changes to Health Benefit Credits in January 2017 and January 2018 are $11,000
and $12,000, respectively.
• The estimated additional annual cost related to the Educational Incentive effective January 1,
2016 is $58,000, effective January 1, 2017 is $40,000 and effective January 1, 2018 is $20,000.
Item No. 10 - AB #22,332 June 28, 2016 Page 2 of 83
• The changes to the leave of absence provision will save the city money. The amount of
savings will vary each year based on the number of employees who are on an extended leave
of absence and the length of each absence.
• There is no fiscal impact associated with the remaining items outlined above.
Funding is included in the adopted Fiscal Year 2016-17 budget for some of the items described above
that are effective during Fiscal Year 2016-2017. In addition, a transfer of $49,000 is being requested
from the General Fund Council Contingency account to the Police operations budget in the General
Fund.
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. A Resolution adopting the Memorandum of Understanding between the City of Carlsbad and the
Carlsbad Police Management Association (CPMA)
2. Memorandum of Understanding between the City of Carlsbad and the Carlsbad Police
Management Association (CPMA), including Attachment A, CPMA Salary Schedule.
3. Strike-out copy ofthe Memorandum of Understanding Between the City of Carlsbad and the
Carlsbad Police Management Association (CPMA)
Item No. 10 - AB #22,332 June 28, 2016 Page 3 of 83
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RESOLUTION NO. 2016-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE
MANAGEMENT ASSOCIATION (CPMA) AND TRANSFERRING
$49,000 FROM THE GENERAL FUND COUNCIL CONTINGENCY
ACCOUNT
EXHIBIT I
WHEREAS, the City of Carlsbad and the Carlsbad Police Management Association (CPMA)
have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding wages
and other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to submit to
the City Council for consideration and approval; and
WHEREAS, the City Council has determined it to be in the public interest to accept such
an agreement in the form of a Memorandum of Understanding (MOU), marked Exhibit 2 and
incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the Carlsbad Police
Management Association (CPMA) and the City of Carlsbad as set forth in Exhibit 2 is
hereby approved and the City Manager is authorized and directed to execute it.
3. That the Salary Schedule for CPMA-represented employees as set forth in
Attachment A of Exhibit 2 is hereby approved.
4. That the City Council authorizes the Administrative Services Director to transfer
funds in the amount of $49,000 from the General Fund Council Contingency account to
Item No. 10 - AB #22,332 June 28, 2016 Page 4 of 83
the Police operations budget in the General Fund to be used to fund the changes to
compensation and benefits that will occur during Fiscal Year 2016-17.
Item No. 10 - AB #22,332 June 28, 2016 Page 5 of 83
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City of
Carlsbad on the 28th day of June, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
{SEAL)
Item No. 10 - AB #22,332 June 28, 2016 Page 6 of 83
Exhibit 2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
Term: January 1, 2016 -December 31, 2018
TABLE OF CONTENTS
Preamble Page 2
Article 1 Implementation Page 2
Article 2 Term and Renegotiation Page 2
Article 3 Authorized Agents Page 2
Article 4 Recognition Page 2
Article 5 Savings Clause Page 3
Article 6 Nondiscrimination Clause Page 3
Article 7 Management Rights Page 3
Article 8 Basic Work Week/Work Day Page 3
Article 9 Court and Hearings Page 3
Article 10 Sick Leave/Bereavement Leave Page 4
Article 11 Association Rights Page 6
Article 12 Overtime Page 7
Article 13 Call Back Page 7
Article 14 Seniority Page 8
Article 15 Peaceful Performance of City Services Page 8
Article 16 Discipline of an Employee Page 9
Article 17 Retirement Benefits Page 10
Article 18 Flexible Benefits Program Page 11
Article 19 Uniform Reimbursement Page 13
Article 20 Vehicles for Investigations Page 14
Article 21 Long Term Disability Page 14
Article 22 Leave of Absence Page 14
Article 23 Disability Retirement Page 17
Article 24 Vacation Page 17
Article 25 Holidays Page 19
Article 26 Alcohol and Drug Policy Page 19
Article 27 Employer Searches Page 22
Article 28 Performance Management and Compensation System Page 23
Article 29 Executive Leave Page 33
Article 30 Life Insurance and Voluntary Benefits Page 33
Article 31 Separation Compensation Page 33
Article 32 Annual Physical Examination/Physical Fitness Testing Page 33
Article 33 Deferred Compensation Page 33
Article 34 Educational Incentive Page 34
Article 35 Re-opener Page 34
Article 36 Temporary Upgrade Pay Page 35
Article 37 Police Captain and City of Carlsbad Personnel Rules Page 35
and Regulations
Item No. 10 - AB #22,332 June 28, 2016 Page 7 of 83
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by
the City Council of the City of Carlsbad, by and between designated management representatives of the
City of Carlsbad (hereinafter referred to as the "city") and the designated representatives of the Carlsbad
Police Management Association (hereinafter referred to as "CPMA").
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to
promote and provide for harmonious relations, cooperation and understanding between the city and the
local safety police management employees covered under this Memorandum; to provide an orderly and
equitable means of resolving any misunderstandings or differences which may arise under this
Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations
regarding wages, hours and other terms and conditions of employment of the employees covered under
this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council
approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council
following ratification of the Memorandum by the membership of CPMA. It is agreed that the city will act
in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and
those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, 2016, and shall continue until
December 31, 2018.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in
approximately October 2018.
ARTICLE 3. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
3.1 City's principal authorized agent shall be the City Manager or a duly authorized representative
[Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (760) 434-
2821] except where a particular representative is specifically designated in connection with the
performance of a specific function or obligation set forth herein.
3 .2 CPMA' s principal authorized agent shall be its President or duly authorized representative
[Address: 2560 Orion Way, Carlsbad, CA, 92010] and PORAC of California [Address: 4010
Truxel Rd. Sacramento, CA 95834-3725; Telephone: 916-928-3777].
ARTICLE 4. RECOGNITION
The city recognizes CPMA as the majority representation of the bargaining unit that includes the
classifications of Police Captain and Police Lieutenant.
2 Item No. 10 - AB #22,332 June 28, 2016 Page 8 of 83
Exhibit2
ARTICLE 5. SAVINGS CLAUSE
If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of
existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this
Memorandum shall remain in full force and effect for the duration of this Memorandum.
ARTICLE 6. NONDISCRIMINATION CLAUSE
Neither city nor CPMA shall interfere with, intimidate, restrain, coerce, or discriminate against employees
covered by this Memorandum because of exercise of rights to engage or not engage in CPMA activity or
because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 7. MANAGEMENT RIGHTS
The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its
major service areas, departments, commissions, and boards; to set standards of service; to determine
procedures and standards of selection for employment and promotion; to direct its employees; to take
disciplinary action; to relieve employees from duty because of lack of work or other legitimate reasons; to
transfer employees among various department activities and work groups; to maintain the efficiency of
city operations; to determine the methods, means and personnel by which city operations are to be
conducted; to determine the contents of job classifications; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion over its organization and the
technology for performing its work.
Nothing in this Memorandum shall require the city to meet and confer over the exercise of its
management rights, however, in so doing; the city shall comply with all applicable provisions of this
Memorandum.
ARTICLE 8. BASIC WORK WEEK/WORKDAY
8.1 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
8.2 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for
sworn employees begins on Sunday at 00:01 hours and ends 14 days later at 23:59 hours.
Overtime shall be compensated in the manner prescribed by Article 12 of this Memorandum.
8.3 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work
three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour
shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours
worked in the pay period.
8.4 Members of this bargaining unit will be given two (2) fifteen-minute rest periods and one (1)
half-hour lunch break each workday without loss of pay.
8.5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In general,
unit members assigned to patrol shall work a 3/12 schedule.
ARTICLE 9. COURT AND HEARINGS
9 .1 Compensation: Off duty Lieutenants who appear in court or at a hearing pursuant to an official
request from a legally constituted body regarding matters arising out of, or associated with, their
3 Item No. 10 - AB #22,332 June 28, 2016 Page 9 of 83
employment shall be compensated at a minimum of four ( 4) hours per day calculated at time and
one-half the employee's regular rate of pay. Actual time spent in court over the four (4) hour
minimum on the same day is compensable at time and one-half the Lieutenant's regular rate of
pay.
9.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the Lieutenant's regularly scheduled
work shift. In that situation, the Lieutenant shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two (2) hours prior to the commencement of
the employee's work shift will receive two (2) hours compensation at the overtime pay rate.
Any subpoena received with an appearance time of one ( 1) hour prior to the commencement of
the employee's work shift will receive one (1) hour compensation at the overtime pay rate.
Lieutenants who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
minimums.
9 .3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held
over during the normal lunch break for further appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
9.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when
the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the
court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for
mileage expenses to and from the court or hearing location, or the round trip distance between the
court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall
be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad
titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this
policy.
9.5 Phone Testimony: When off duty Lieutenants provide court or hearing testimony via telephone,
the employee shall be compensated for the actual time of the telephone testimony or a minimum
of one (1) hour, whichever is greater, at time and one-half the employee's regular rate of pay.
9.6 District Attorney Conversation: When off duty Lieutenants receive calls from District Attorney
personnel regarding criminal cases, employees will receive no compensation for conversations
lasting less than 10 minutes. Lieutenants will receive compensation at time and one-half the
employee's rate of pay for the actual time of the conversation or a minimum of one (1) hour,
whichever is greater, for conversations lasting 10 minutes or longer. Lieutenants receiving
multiple calls within the same one hour period shall only receive one hour compensation.
ARTICLE 10. SICK LEAVE/BEREAVEMENT LEAVE
10.1 Every employee will accrue sick leave at the rate of 16 minutes per calendar day. Sick leave may
be used in 15 minute increments.
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Exhibit2
10 .2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out
when an employee's employment with the city ends.
10.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal
injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the
employee's own or a family member's medical, dental, or optometry appointments.
In addition, in the event of the death of an employee's family member, the employee may take up
to three (3) consecutive shifts of paid time off for bereavement. In extreme circumstances, the
Police Chief may allow the employee to take additional time off in the form of accrued sick leave
or vacation or treated as leave without pay.
For the purpose of this section, the term "family member" shall be defined in the personnel rules
and regulations.
10.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death
of a family member must notify the employee's supervisor as soon as possible on the first day of
the absence. An employee who needs to be absent to attend a medical, dental, or optometry
appointment must have the absence approved in advance by the employee's supervisor.
10.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as
provided for in this article.
10.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers'
compensation, the pregnancy disability provisions of the California Fair Employment and
Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the
city may require the employee to provide a medical certificate supporting the need for the
absence.
10.7 Time off to take a physical examination for induction into or recall to active duty with the Armed
Forces will be handled in accordance with applicable state and federal law.
10.8 An employee making a blood donation without charge will be given reasonable time off for that
purpose. No charge will be made against the employee's sick leave or vacation when the absence
is approved in advance by the employee's supervisor.
10.9 During the first pay period of each fiscal year, any regular employee who has accrued and
maintains a minimum of one hundred ( 100) hours of sick leave will be permitted to convert up to
ninety-six (96) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours
of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to
convert sick leave to vacation if the conversion would cause the employee to exceed the vacation
accrual maximum specified in Article 24.
IO.IO Any regular employee applying for retirement with the Public Employees' Retirement System
may convert accrued and unused sick leave to service time at the rate specified in California
Government Code section 20965.
10.11 Nothing in this Article precludes the city from taking appropriate action in the event of abuse of
sick leave.
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ARTICLE 11. ASSOCIATION RIGHTS
11.1 The city recognizes the right of the CPMA to govern its internal affairs.
11.2 The parties to this Memorandum fully support the concept of the Public Safety Officers
Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code.
11.3 Upon the receipt of a written request and authorization from an employee for deduction of CPMA
dues and other lawfully permitted deductions, the city shall withhold such dues and deductions
from the salary of the employee and remit the withholdings to the CPMA. The city shall continue
to withhold such deductions unless the employee files a statement with the city withdrawing
authorization for the continued withholding of the deductions. The effective date of withholding,
time of remitting withholdings to the CPMA, and all procedural matters shall be determined in
accordance with the Rules and Regulations of the city.
11.4 The CPMA shall provide and maintain with the city a current list of the names and all authorized
representatives of the CPMA. An authorized representative shall not enter any work location
without the consent of the Police Chief or his designee or the City Manager or his designee. The
Police Chief or his designee shall have the right to make arrangements for a contact location
removed from the work area of the employee.
11.5 The CPMA shall be allowed to designate employee representatives to assist employees in:
11.5.1
11.5.2
Preparing and presenting material for Disciplinary Appeals hearings;
Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of California Government Code Sections
3300, et seq., known as the Public Safety Officers Procedure Bill of Rights
Act.
11.6 Designated employee representatives shall be allowed reasonable release time from regularly
scheduled duties to attend meet and confer sessions with the city.
11. 7 Designated employee representatives requesting time off under this Article shall direct such
request to their immediate supervisors in writing within a reasonable time period to the date
requested, in order to assure that the Department meets its staffing needs and to assure sufficient
coverage of departmental assignments.
11.8 The city will furnish bulletin board space in the Police Department for the exclusive use of the
CPMA. Material placed on the bulletin boards shall be at the discretion of the CPMA and shall
be removed by management only in the event the material is obviously offensive to good taste or
defamatory, and shall be removed only on prior notification to a CPMA representative. The
CPMA shall be responsible for maintaining bulletin boards exclusively used by the CPMA in an
orderly condition and shall promptly remove outdated materials.
11.9 Use of City Facilities
11.9.1 The CPMA may, with the prior approval of the City Manager, be granted the
use of the city facilities for off-duty meetings of CPMA members, provided
space is available. All such requests will be in writing to the City Manager.
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11.9.2
ARTICLE 12. OVERTIME
Exhibit2
The use of city equipment other than items normally used in the conduct of
business meetings, such as desks, chairs and blackboards, is strictly
prohibited, the presence of such equipment in approved city facilities
notwithstanding.
12.1 Overtime Pay: Lieutenants shall be entitled to overtime compensation at the premium rate of one
and one-half (1-1/2) times the employee's regular rate of pay for all time worked, or regarded as
having been worked because the employee is on an approved paid leave, in excess of the
employee's regularly scheduled work day and/or in excess of eighty (80) hours per fourteen (14)
day work period. The regular rate of pay shall be calculated in conformance with the FLSA.
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of"Pay Only
Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a
maximum accumulation of one hundred and fifty (150) hours of compensatory time off effective
the first day of the first full pay period following ratification of this MOU. When a Lieutenant
has accumulated the maximum number of hours of compensatory time off, he/she shall receive all
overtime compensation in cash until such time as the Lieutenant's compensatory time off bank is
no longer at the maximum ..
12.3 Comp. Time Exception: Special details where the city is reimbursed for employees'
compensation from an outside entity shall be for pay only. Lieutenants volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 13. CALLBACK
13 .1 Only Lieutenants are eligible for Call Back Pay as described in this article.
13 .2 Description: If an employee is required to return to his or her place of employment or other work
location directed by the employer at a time that is not part of the employee's regularly scheduled
work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for
the actual number of hours worked, subject to the following:
13.3 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or
firearms qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation.
13.4 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee
shall receive a minimum of four hours of appropriate overtime compensation.
13 .5 Travel Time: Employees who are called back shall receive travel time to and from the call back
assignment. Travel time is included as part of the call back minimum compensation or the call
back overtime if the call back (travel time plus detail time) exceeds the approved minimum
guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other site
within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a
maximum of one hour.
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(b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police
Department, travel time shall be the actual amount of time required to drive to the call
back site and return to employee's residence.
13.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to
any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an
employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the
round trip distance between the directed site and the Carlsbad Police Department, whichever is
less.
13. 7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee's regularly scheduled work shift. In
that situation, the employee shall receive applicable overtime compensation for all time actually
worked beyond the regularly scheduled work shift.
ARTICLE 14. SENIORITY
14.1 The seniority of an employee is based on the number of calendar months of continuous service in
the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the
number of calendar months of continuous service in the Carlsbad Police Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall have
seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
14.2 If an employee voluntarily leaves the city's employ or is dismissed for cause, the employee will
lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead,
if an employee is reemployed, seniority will be based on the reemployment date. This section
does not apply to employees who successfully appeal a termination for cause and are ordered to
be reinstated to employment.
14.3 An employee laid off will, after reinstatement, regain the seniority credit the employee possessed
at the time of layoff, provided the reinstatement occurs within twenty-four (24) months of the
layoff.
14.4 Refer to Article 22.3 for information re: the impact of a leave of absence on seniority.
ARTICLE 15. PEACEFUL PERFORMANCE OF CITY SERVICES
15 .1 During the term of the Memorandum, the CPMA, its representatives, or members shall not
engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against
the City of Carlsbad.
15 .2 During the term of the Memorandum, the city will not instigate a lockout over a dispute with the
employees.
15 .3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employment for the purpose of inducing,
influencing or coercing a change in the conditions of compensation, or the rights, privileges or
obligations of employment.
8 Item No. 10 - AB #22,332 June 28, 2016 Page 14 of 83
Exhibit 2
ARTICLE 16. DISCIPLINE OF AN EMPLOYEE
16.1 The city may only discipline regular employees for just cause. In the case of disciplinary action
involving suspension, demotion or discharge, the employee shall be given notice of the action to
be taken, the evidence or materials upon which the action is based, and an opportunity to respond
to the Police Chief either orally or in writing, provided the employee requests the opportunity
within seven (7) calendar days of the notice of the action. The above process will occur prior to
the imposition of the discipline.
16.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall inform and
remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the city will attempt to develop a
permanent list of five ( 5) mutually acceptable hearing officers. If a mutually acceptable list
cannot be developed, the parties agree that the advisory hearing will be conducted before a
hearing officer selected by the parties from a list provided by the California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a
strikeout procedure using a list of seven names provided by the California State Mediation and
Conciliation Service. The appellant will have the prerogative of striking the first name.
The city will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attorney fees and preparation of documents.
16.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the
period of time, from two to four years that the discipline will remain in the affected employee's
personnel records, unless a longer period is required by law. At the end of the designated period
of time, the disciplinary action shall be removed from the employee's personnel file. It is the
responsibility of the employee to initiate a request for removal of disciplinary action from the
employee's personnel file. The only permitted use of the removed disciplinary action shall be in
a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
16.4 Nothing in this Memorandum shall be construed to require "cause" or ''just cause" for the
rejection of a probationary employee prior to the expiration of the probationary period. A
probationary employee rejected during the probationary period shall not be entitled to appeal such
rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection
with the Police Chief.
16.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to
appeal to the Hearing Officer any disciplinary action.
16.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the
Human Resources Director, who shall, within ten (10) calendar days after receipt of the appeal,
inform the Hearing Officer of the action desired by the appellant and the reasons why. The
formality of a legal pleading is not required.
9 Item No. 10 - AB #22,332 June 28, 2016 Page 15 of 83
16.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing, unless the parties mutually agree to a later hearing date. The Human
Resources Director shall notify all interested parties of the date, time, and place of the hearing.
16.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the
Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attorney the appellant selects and may produce any relevant oral or
documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its
case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of
witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control
of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before
it. Hearings need not be conducted according to technical rules relating to evidence and
witnesses. Hearings will be closed unless at least four ( 4) business days prior to the hearing the
appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing
officer will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their case to the
City Council before the City Council renders a final decision.
16.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and
to the appellant. The City Council shall review the findings and recommendations of the Hearing
Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems
warranted, and the action taken shall be final. The Hearing Officer may submit a minority or
supplemental finding and recommendation. In the case of suspension, discharge or demotion, the
appointing power shall reinstate an employee to the employee's former status if the City Council
determines that the action was for discriminatory reasons.
16.10 Disciplinary appeal hearing. During any disciplinary appeal hearing, either party may file a
written motion with the City Clerk for the City of Carlsbad seeking authorization from the City
Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing
officer. The motion for authorization shall be heard in closed session, unless waived by the
appellant. Either party's representative may make a statement to the City Council on the issue of
whether authorization to seek a writ is justified. During this hearing on the motion for
authorization to pursue a writ, neither party may discuss the merits or the factual basis of the
underlying administrative hearing with the City Council. The parties should limit their discussion
as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an
interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing
the discipline shall not be required to seek authorization from the City Council in order to pursue
an interlocutory writ in court as to those issues in which the court has initial jurisdiction,
including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of
Rights Act.
ARTICLE 17. RETIREMENT BENEFITS
17 .1 The city has contracted with CalPERS for the following retirement benefits:
Safety "Classic" Members (those that do not qualify as "New Members" as defined below)
10 Item No. 10 - AB #22,332 June 28, 2016 Page 16 of 83
Exhibit 2
• Employees entering City of Carlsbad safety CalPERS membership for the first time prior
to October 4, 2010 -The retirement formula shall be 3%@ 50; single highest year final
compensation.
• Employees entering City of Carlsbad safety CalPERS membership for the first time on or
after October 4, 2010 -The retirement formula shall be 2%@ 50; three year average
final compensation.
"New Members"
Employees who are "New Members" as defined by the California Public Employees' Pension
Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never
been a CalPERS member or member of a reciprocal system or who has had a break in
CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA
provisions, which includes but is not limited to the following retirement benefit:
• Safety-The retirement formula shall be 2.7%@ 57; three year average final
compensation.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Safety employees subject to the 3%@ 50 and 2%@ 50 benefit formula shall pay all of
the employee retirement contribution (9% ).
• Safety employees who meet the definition of "New Member" under PEPRA shall pay
one half of the normal cost rate associated with their benefit plan.
17.3 If the Employer Paid Member Contribution (EPMC) is greater than zero, the city shall report the
value of the EPMC as additional (special) compensation to CalPERS for all CPMA represented
employees designated as "classic members".
ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
18.1 Employees represented by the CPMA will participate in a flexible benefits program that includes
medical insurance, dental insurance, vision insurance, accidental death and dismemberment
insurance (AD&D) and flexible spending accounts (FSAs).
18.2 Medical Insurance: During the entire term of this agreement, represented employees will be
covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be
eligible to participate in the CalPERS Health Program. The city will pay on behalf of all
employees covered by this agreement and their eligible dependents and those retirees designated
in Section 18.6 of this Article, the minimum amount per month required under Government Code
Section 22892 of the PEMHCA for medical insurance through the California Public Employees'
Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must
select one medical plan from the variety of medical plans offered.
Effective the first full payroll period after ratification of this MOU, the city shall contribute the
following monthly amounts ( called "Benefits Credits") on behalf of each active employee and
11 Item No. 10 - AB #22,332 June 28, 2016 Page 17 of 83
eligible dependents toward the payment of 1) medical premiums under the CalPERS Health
Program, 2) contributions in the name of the employee to the City's flexible spending account(s),
or 3) city-sponsored dental, vision or Accidental Death & Dismemberment (AD&D) premiums.
(a) For employees with "employee only" coverage, the city shall contribute five hundred
forty-seven ($547) dollars per month (decreased from $549 per month) that shall include
the mandatory payments to CalPERS. If the actual total premiums exceed the city's total
contributions, the employee will pay the difference.
(b) For employees with "employee plus one dependent" coverage, the city shall contribute
one thousand eighty-nine dollars ($1,089) per month (increased from $1,048 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 four
hundred twenty-eight dollars ($1,428) per month (increased from $1,377 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.
To provide CPMA members with the value of this increase in Benefits Credits for the pay periods
that include the period between January 1, 2016 and ratification of this Memorandum by the City
Council, the city shall, with payroll, during 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 related to the employee's medical coverage level during the pay
period that the cash payment is distributed for CPMA members who are employed by the city in
that pay period. The total cash amount will depend on the number of payroll periods in 2016 that
occur between January 1, 2016 and ratification of this Memorandum in which Benefits Credits
were increased described above.
Effective the pay periods that include January 1, 2017 and January 1, 2018 the city monthly
benefit credits associated with each coverage level will be set to dollar amounts that equate to
80% of the average health (medical, dental and vision) premium for Employee, Employee Plus
One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that
will take effect on January 1 of the respective calendar year.
If the actual total premiums exceed the city's total contributions, the employee will pay the
difference.
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 credits" to
purchase city-sponsored dental insurance, vision insurance, AD&D insurance or to contribute to a
healthcare or dependent care flexible spending account (FSA). Remaining excess Benefits
Credits will be paid to the employee in cash and reported as taxable income.
18.3 Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance
Employees may elect to enroll in or opt out of the city-sponsored dental, vision or AD&D
insurance plans at any coverage level.
12 Item No. 10 - AB #22,332 June 28, 2016 Page 18 of 83
Exhibit2
18.4 Waiver Provision
Employees who do not wish to participate in the CalPERS Health Program will have the choice
of waiving the city's medical insurance provided they can show that they are covered under
another group insurance plan.
Effective the first full pay period after ratification of this MOU, employees who elect this
provision will be given a reduced city contribution amount (Benefits Credits) of two hundred
seventy-three dollars and fifty cents ($273 .50) per month ( decreased from $298 per month), to be
used toward the purchase of dental insurance, vision insurance, AD&D insurance or as a
contribution to a flexible spending account. The city contribution amount of two hundred
seventy-three dollars and fifty cents ($273.50) 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 only, employee plus one dependent, family).
Effective the pay periods that include January 1, 2017 and January 1, 2018 the benefit credits
associated with waiving medical coverage will be set equal to 50% of the benefit credits
associated with Employee Only medical coverage level.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as
taxable income.
18.5 Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the California Public
Employees' Retirement System (CalPERS) Health Program. Represented employees who retire
from the city, either service or disability and receive a retirement allowance from CalPERS, shall
be eligible to continue their enrollment in the CalPERS Health Program when they retire,
provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time
of separation from employment and their effective date of retirement is within 120 days of
separation. The city will contribute the minimum amount per month required under Government
Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS
Health Program. Direct authorization may be established for automatic deduction of payments
for health insurance administered by CalPERS.
Employees who retire from the city, either service or disability, shall be eligible to 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 borne
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 return to the city's dental and vision
insurance programs.
The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance
and the retiree must keep such payments current to ensure continued coverage.
ARTICLE 19. UNIFORM REIMBURSEMENT
Reimbursement to represented employees for the cost of purchasing and maintenance of required
uniforms shall be $26.92 per pay period. Under PEPRA, this benefit is not reported to CalPERS as
special compensation for new members).
13 Item No. 10 - AB #22,332 June 28, 2016 Page 19 of 83
ARTICLE 20. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of Professional Standards and Services
Division Lieutenant, Investigations Lieutenant, Traffic Lieutenant, and all Police Captains shall be
assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift; provided,
however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles
and does not extend to any Lieutenant/Captain assigned in addition to the number assigned as of the date
of this Memorandum.
ARTICLE 21. LONG TERM DISABILITY
During the term of this Memorandum, city agrees to continue to provide long term disability insurance.
The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, the insurance shall continue unchanged.
ARTICLE 22. LEA VE OF ABSENCE
22.1 Occupational Injuries or Illnesses
22.1.1 A sworn employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for up to one year as provided in Section
4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850
benefits concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability payments as
provided in the Labor Code. To the extent these benefits are less than the
employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
An employee shall not use accrued sick leave after the city approves the
employee's Industrial Disability Retirement (IDR). The employee who is
approved for an IDR may choose to cash out up to 50% of their sick leave
balance upon separation of employment. The remaining sick leave balance shall
be converted to CalPERS service credit.
22.2 Non-Occupational Injuries or Illnesses
22.2.1 An employee who is temporarily unable to work due to a non-occupational
illness or injury will receive those disability benefit payments for which the
employee is eligible and applies. To the extent that these benefits are less than
the employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
14 Item No. 10 - AB #22,332 June 28, 2016 Page 20 of 83
Exhibit 2
22.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same
manner as leaves of absence for non-occupational illnesses or injuries, subject to
the pregnancy disability provisions of the California Fair Employment and
Housing Act.
22.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) ofleave of absence (paid or
unpaid and except when leave is ordered by the city) or completion of a leave of absence related
to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for
the benefits listed below:
1. accrual of sick leave and vacation,
2. holiday pay and
3. cell phone allowance
On the day that the employee returns to work from the extended leave of absence, the employee
will resume eligibility for the abovementioned benefits and the employee's vacation anniversary
date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either
84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of
the Labor Code, whichever was longer.
Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends
beyond 14 consecutive calendar days the probationary period shall be extended for each calendar
day the employee was on a leave of absence. Other than this exception, all other provisions in
this Extended Leave of Absence section apply to a probationary newly hired employee.
22.4 Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant
to the recommendation of the Police Chief and the approval of the City
Manager.
An employee shall utilize all his/her vacation, and/or sick leave (if
applicable) prior to taking an authorized leave of absence without pay.
B. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms
prescribed by the City Manager or his/her designee 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 the Police Chief, and, upon written recommendation
of the Police Chief that it be granted, modified or denied, shall be
promptly transmitted to the City Manager or his/her designee. A copy of
any approved request for leave of absence without pay shall be delivered
promptly to the Human Resources Director.
15 Item No. 10 - AB #22,332 June 28, 2016 Page 21 of 83
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 or his/her
designee. 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. Return 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 the Police Chief at least fourteen (14) calendar days prior to
the day he/she plans to return. The Police Chief shall promptly notify the
City Manager or his/her designee of the employee's intention. The
employee shall return at a rate of pay not less than the rate at the time the
leave of absence began.
E. Leave Without Pay -Insurance Payments
An employee on leave without pay may continue his/her city insurance
benefits by reimbursing the city for the costs of insurance on a monthly
basis during the period of the leave. Failure to reimburse the city for
such benefits during the term of a leave of absence will result in the
employee's coverage terminating on the first day following the month in
which the last payment was received.
22.5 To the extent permitted by law, a leave of absence under this article will run concurrently with
any leave of absence an employee is entitled to receive under the California Family Rights Act or
the federal Family and Medical Leave Act.
22.6 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
Police Captains are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29
CFR Section 541.5d, the city can make deductions from salary or leave accounts for partial day
absences for personal reasons or sickness because the city has a policy and practice of requiring
its employees to be accountable to the public that they have earned their salaries. A partial day
absence is an absence ofless than the employee's regular work day. Pursuant to FLSA regulation
29 CFR Section 541.118 (a)(2) and (a)(3), the city may make salary or leave reductions based
upon full day absences. Partial day or full day absences shall be first charged against the exempt
employee's vacation, sick, or executive leave account. In the event the exempt employee does not
have sufficient time in his/her leave account to cover the absence, deductions without pay will be
made on full days only.
22. 7 Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on
jury duty.
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Exhibit 2
A Department Head may, at his/her sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee. Employees released early from
jury duty shall report to their supervisor for assignment for the duration of the work day. At the
discretion of the supervisor, an employee may be released from reporting back to work if an
unreasonable amount of the work day remains in light of travel time to the job site after release.
ARTICLE 23. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the standards
and procedures contained in California Government Code sections 20000 et seq.
ARTICLE 24. VACATION
24 .1 All members of this bargaining unit shall be entitled to accrue vacation on a daily basis according
to the number of continuous full years of employment based on the following vacation accrual
schedule:
Beginning with the first (1st) working day through the completion of five ( 5) full calendar
years of continuous service -13 minutes/day
Beginning the sixth ( 6th) year of continuous employment through the completion of ten (10)
full calendar years of continuous service -20 minutes/day
Beginning the eleventh (11th) year of continuous employment through the completion of
eleven (11) full calendar years of continuous service -21 minutes/day
Beginning the twelfth (12th) year of continuous employment through the completion of
twelve (12) full calendar years of continuous service -22 minutes/day
Beginning the thirteenth (13th) year of continuous employment through the completion of
thirteen (13) full calendar years of continuous service -24 minutes/day
Beginning the fourteenth (14th) year of continuous 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.
CPMA-represented employees with comparable service in local government agencies may
be granted credit for such service for the purpose of computing vacation at the discretion of
the City Manager.
24.2 Vacation Accrual Maximum
No employee will be allowed to accrue vacation hours in excess of the three hundred and twenty
(320) hour maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably
17 Item No. 10 - AB #22,332 June 28, 2016 Page 23 of 83
deny requests for vacation time off. If there are unusual circumstances that would require an
employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the
Police Chief and the City Manager or his/her designee. The Police Chief and the City Manager or
his/her designee may grant such a request if it is in the best interest of the city. Requests will be
handled on a case-by-case basis and will be considered only in extreme circumstances.
24.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to eighty (80) hours of
accrued vacation to cash, provided they have used at least eighty (80) hours of vacation during
the pay periods that fall within the prior calendar year.
24.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
returning to work during vacation leave will be compensated as follows:
(a) Court --For Lieutenants only, mandated court appearances during the time of an
employee's paid vacation leave from city service will be compensated at time and one half
the employee's regular rate of pay, with a minimum of four (4) hours.
(b) Duty Time -Employees returning to their regularly scheduled work time while on vacation
leave shall be paid their applicable regular rate of pay and not be charged the corresponding
vacation time.
(c) Non-Duty Time-Lieutenants returning to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid at time and one half the
employee's regular rate of pay.
( d) Recall -This clause shall not limit the city's right to recall an employee from vacation in
the event of an emergency.
24.5 Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon
determination by the Police Chief that such absence will not materially affect the department.
Each employee must consider the needs of the service when requesting annual vacation leave.
An employee shall normally provide forty-eight (48) hour notice in advance of the day(s) he/she
is requesting vacation time off. When a family emergency arises which necessitates the use of
vacation time, an employee shall provide as much advance notice as possible considering the
particular circumstances.
24.6 Terminal Vacation Pay
The dollar value of an employee's accrued vacation balance as of the employee's last day on
payroll shall be paid to the employee upon separation of employment at the employee's base rate
of pay at separation.
18 Item No. 10 - AB #22,332 June 28, 2016 Page 24 of 83
Exhibit 2
ARTICLE 25. HOLIDAYS
25 .1 The city agrees to observe eleven (11) scheduled paid holidays per year. The holiday schedule
shall not interfere with, influence, or otherwise change the scheduling of shift employees by the
department.
25.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
25 .3 Lieutenants who work a 5/8 schedule will be paid eight (8) hours of straight time for each
holiday. Lieutenants who work a 9/80 schedule will be paid nine (9) hours of straight time for
each holiday. Lieutenants who work a 4/10 schedule will be paid ten (10) hours of straight time
for each holiday. Lieutenants who work a 3/12 schedule will be paid twelve (12) hours of straight
time for each holiday.
25 .4 Lieutenants will be compensated in cash or compensatory time off ( CTO) for holidays in the pay
period in which they occur. Lieutenants scheduled to work on a holiday who desire the day off
will utilize vacation or CTO.
For purposes of this section, a shift trade will be considered part of an employee's regularly
scheduled work shift.
ARTICLE 26. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work environment free
from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace
Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National
Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services
Administration (SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA certification. This
policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural
Bill of Rights (Government Code Section 3300 et seq.). This policy is intended to accomplish
that objective.
A. Definitions -As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental, emotional or
behavioral change in the user, including but not limited to, prescription medications,
19 Item No. 10 - AB #22,332 June 28, 2016 Page 25 of 83
heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids.
2. "Workplace" means any site where city-assigned work is performed, including city
premises, city vehicles or other premises or vehicles, while city-assigned work is
being conducted, or within a reasonable time thereafter.
3. "Reasonable suspicion" means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or drugs where such
impairment could negatively affect work performance or could pose a threat to
public or employee safety.
B. Employee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation,
possession or use of alcohol or drugs nor be under the influence of
alcohol or drugs in the workplace or while on-call;
b. submit to an alcohol and drug analysis and remain on the premises
when requested to do so by city management, acting pursuant to this
policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was based
on a violation which occurred in the workplace, no later than five days
after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any medication or
drugs, prescription or non-prescription ( over-the-counter medications), which
interfere with safe or effective performance of their duties or operation of city
equipment.
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.
20 Item No. 10 - AB #22,332 June 28, 2016 Page 26 of 83
Exhibit2
C. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Upon receiving a conditional offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer," urine, or blood
analysis.
2. Persons whose results are positive for either drugs or alcohol will be rejected
for city employment.
B. Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the workplace or
subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
c. An employee may also be required to remain on the premises for a
reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section l.A.3.
include, but are not limited to, the following, when confirmed by more than
one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability;
d. an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
21 Item No. 10 - AB #22,332 June 28, 2016 Page 27 of 83
III.
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 prudent supervisor to believe that an
employee is under the influence of alcohol or drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol analysis
when requested to do so by city management or by law enforcement officers
shall constitute insubordination and shall be grounds for discipline, up to and
including termination.
4. A drug and alcohol analysis may test for the presence of any drug which
could impair an employee's ability to effectively and safely perform the
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in disciplinary
action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug test
sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed necessary by
the city.
EMPLOYEE ASSISTANCE PROGRAM
A. The city has a well established voluntary Employee Assistance Program (EAP) to
assist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employee of
the city wishing confidential assistance for a possible alcohol or drug problem
can call the EAP office and arrange for an appointment with a counselor.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-referral
contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of any
city policy.
ARTICLE 27. EMPLOYER SEARCHES
For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the
right to search, with or without prior notice to the employee, all work areas and property in which the city
maintains full or joint control with the employee, including, without limitation, city vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context
22 Item No. 10 - AB #22,332 June 28, 2016 Page 28 of 83
Exhibit 2
even if the employee has placed personal items in them. Employees are cautioned against storing
personal belongings in work areas and property under full or joint city control since such work areas may
be subject to investigation or search under this article.
Employer searches may occur when there is a reasonable suspicion that the employee has violated a city
or department policy, directive, or work rule and that the area or property to be searched may contain
evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal
authority to conduct them. Searches will not normally occur without the concurrence of more than one
supervisor.
If the Public Safety Officers Procedural Bill of Rights Act (Government Code sections 3300 et seq.) is
applicable to a particular search, then the city will comply with the Act notwithstanding anything to the
contrary in this article.
Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery
of evidence of a policy, directive, or work rule violation.
ARTICLE 28. PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM
This article replaces Administrative Order No. 66 in its entirety.
Appendix A depicts the salary ranges for CPMA classifications. Effective December 1, 2017, the salary
ranges for CPMA classifications will be increased by three and a half percent (3.5%), rounded to the
nearest one hundred dollars.
The city will apply a one percent (1 % ) base pay matrix to be used to determine base pay increases for
eligible CPMA members effective December 31, 2016.
The city will apply a one and a half percent (1.5%) base pay matrix to be used to determine base pay
increases for eligible CPMA members effective December 31, 2017.
The city will apply a two percent (2 % ) base pay matrix to be used to determine base pay increases for
eligible CPMA members effective December 31, 2018.
Upon initial entry into a CPMA classification, an employee's base salary shall be set equal to the base
salary of the lowest paid employee in that same classification.
I. PURPOSE
Pay for Performance at the City of Carlsbad is based on the concept of a supervisor providing regular
coaching/feedback to the employee. The purpose is to:
"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.
23 Item No. 10 - AB #22,332 June 28, 2016 Page 29 of 83
II. BACKGROUND
Consistent with the direction of the City Council, city staff has developed a compensation program that
establishes competitive pay. The components of the compensation plan include:
~ a performance management program based on the concepts of performance planning and regular
coaching/feedback;
~ a market based salary structure; and
~ a Pay for Performance reward system that includes merit increases* (base pay increases and/or
cash rewards for employees who are at the maximum of their salary range) based on the
demonstration of competencies and achievements.
* Eligibility for a merit pay increase is determined by an employee's performance and where his/her
salary is relative to the midpoint of his/her salary range. Eligible employees who are at the salary range
maximum receive a cash reward in lieu of a base pay increase.
III. GUIDANCE:
A. Annual Review Cycle
The Performance Management Cycle is aligned with the calendar year. Below is a summary of the
annual cycle.
Council determines
funding for merit
/' pool -~ ~
[
'; Supervisors select '\
Merit increases i r
delivered competencies and i
define priorities I ) j
I \
HR determines base pay ! Supervisors conduct mid-year
matrix that complies with J reviews (after Police Chief
approved merit pool funding approves mid-year ratings)
\ I
\
Supervisors conduct f Supervisors submit proposed year \
I !
I end performance ratings to ' year end reviews ' t i
Police Chief i·
1
" ..... ,Z
Police Chief calibrates f
and finalizes ~
performance ratings \ ,s
24 Item No. 10 - AB #22,332 June 28, 2016 Page 30 of 83
Exhibit 2
B. Performance Management
The performance management process consists of four important, interrelated steps.
Step 1-Performance Planning
Supervisors and employees will have an initial discussion to determine which functional competencies
will be used to evaluate the employee in the upcoming year. The supervisor explains and sets
performance level expectations. The supervisor and employee will also establish specific priorities,
contributions or development plans that are aligned with the departmental and organizational strategic
direction.
Step 2-Performance Coaching and Feedback
Throughout the year, at least on a quarterly basis, the supervisor and employee review and discuss the
employee's work performance, including significant accomplishments and/or shortfalls. Generally, these
coaching and feedback sessions will be informal and may be initiated by either the supervisor or
employee. It will be the supervisor's responsibility to ensure these discussions take place and are
appropriately documented.
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 Police Chief 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 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
Police Chiefreviews all proposed ratings in his/her department and works with Human Resources staff to
validate that Pay for Performance (P4P) guidelines are followed consistently within and across City
departments.
Next, the supervisor meets with the employee. The employee will come to the year-end review meeting
with his/her own thoughts and notes as to how well he/she performed during the evaluation period. The
two-way discussion focuses on accomplishments, areas for growth and improvement, job accountabilities
and defined competencies. This meeting will also include the performance planning for the upcoming
year as outlined in Step 1 above.
25 Item No. 10 - AB #22,332 June 28, 2016 Page 31 of 83
C. Governance of the Plan
Human Resources will be responsible for the administration and maintenance of the performance
management system, including forms, guidelines and related policies subject to City Council approval.
Human Resources will periodically review the effectiveness of the performance management system.
D. Major Roles and Responsibilities
City Council -The City Council is initially responsible for approving the pay for performance
management system and for annually approving the merit pool/funding amount in order to tie rewards to
performance.
Human Resources -The role of Human Resources will be to monitor the activities of the process, ensure
compliance with City processes and procedures, and ensure that the employee receives a fair, accurate,
and timely evaluation. This will be done by ensuring that appropriate results-oriented goals and measures
are established for the upcoming calendar year and by reviewing proposed performance and development
plans and evaluation forms for accuracy and completeness.
Human Resources will track performance ratings over time to encourage accountability and ensure that
there is consistency among the distribution of performance ratings across departments.
Human Resources will provide on-going guidance and training to supervisors regarding conducting
performance reviews and understanding the purpose and design 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.
Police Chief-The Police Chief will be responsible for reviewing performance ratings within his/her
department to ensure that accurate evaluation ratings are given and that supervisors are held responsible
for effectively rating their staff. In the event of turnover of an employee's supervisor, the Police Chief
will be responsible for ensuring that an employee is equitably and adequately reviewed and rated.
Supervisor -The supervisor will carry out the steps in the performance management process in a fair,
accurate, consistent, and timely manner. This includes guiding the development of performance plans,
monitoring and recording employee accomplishments, providing timely coaching and feedback,
conducting accurate performance evaluations, and ensuring the employee has the opportunity to
participate in the process.
In the event that an employee has more than one supervisor during a rating period, each supervisor will
submit an assessment and the supervisors will mutually agree on a rating for the review period. A newly
assigned supervisor will not be responsible for reviewing a rating period of less than three months.
Employee -The employee will actively contribute in the process of defining priorities and performance
measures, initiating coaching and feedback sessions as needed. Requests for feedback by the employee
shall be responded to within 14 calendar days of the request, although actual feedback can be written or
oral and can be provided more than 14 calendar days after the request. Employees will complete a self-
assessment prior to the year-end performance evaluation, and will be prepared to contribute in the mid-
year and end of year performance evaluations.
26 Item No. 10 - AB #22,332 June 28, 2016 Page 32 of 83
Exhibit 2
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 position. At the end of the plan year, the employee will be rated on their
performance related to the essential functions of the job as described in the job description.
Employees serving in out of class assignments will be reviewed in accordance with their regular position
unless the employee served out of class for more than one-half of the review period. In that case, the
employee will be reviewed based on their out of class assignment. If, at the outset of the out of class
assignment, it is anticipated that the employee will spend more than one-half of the review period in that
out of class assignment, the employee and supervisor shall have a Performance Planning Meeting as
described in Step 1 above.
Core and Functional Competencies
All employees will be reviewed and evaluated based on how well they can demonstrate specific
competencies. Competencies are essential to the success of each employee in their job. There are two
types of competencies: 1) Core -describes the required competencies for all employees and 2) Functional
-describes competencies specific to the essential functions of the job performed by the employee.
All employees will be evaluated on the five core competencies and only two of the seven functional
competencies. Each year, during the Performance Planning step, the supervisor and the employee will
talk about which functional competencies are the most appropriate to use in the upcoming year based on
the employee's specific job, priorities and work plan. Each year, the supervisor and the employee will
select the two functional competencies that will be used to evaluate the employee that year.
Setting Priorities
Individual priorities indicate specific results to be achieved by an employee for the coming review period.
Priorities often change from year to year because they are intended to focus on a significant outcome
identified by the department. The City will support the employee in their development and aim to create
an environment of engagement, innovation and excellence.
Supervisors will determine three priorities for an employee and will link each priority to a core or
functional competency. Priorities must be related to a significant component of the 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:
27 Item No. 10 - AB #22,332 June 28, 2016 Page 33 of 83
> 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
Priorities must express the action and results required so that both the employee
Specific and supervisor can see clearly whether the priority has been achieved. What is
the achievement or result that is expected?
When setting priorities, there must be some way of measuring and verifying
Measurable 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?
The priorities must be relevant to the level at which the individual is at in their
Relevant career and to the workload of their particular area. Does the priority contribute
to the department, division, or overall organization's success?
Time-bound Priorities need to have clearly defined time periods. What is the completion date
of each milestone?
Rating Process and Criteria
The supervisor is responsible for rating the employee on all five core competencies, the two selected
functional competencies and the priorities, and for providing written narrative to explain these ratings.
The rating system shown below will be used in evaluating employee performance.
1. Unsatisfactory 2. Improvement 3. Competent 4. Commendable 5. Exemplary Needed
Performance does Performance does Performance Performance exceeds Performance
not meet not consistently consistently meets requirements and significantly exceeds
requirements. meet requirements. all requirements. demonstrates the requirements.
Performance is Perfonnance Employee is fully ability to handle Employee has made
consistently and deficiencies are such proficient and assignments of contributions and
seriously that improvement is adequately greater complexity achievements well
inadequate. This needed for the demonstrates the and responsibility. beyond those required
employee must employee to desired competency This employee shows by their assigned
make immediate satisfactorily meet behaviors for the initiative and seeks responsibilities. In
and sustained requirements. level of the job. opportunities to many cases,
improvements. enhance their job performance
related skills and demonstrates new
competencies. areas of productivity
and innovation far
beyond position
requirements.
28 Item No. 10 - AB #22,332 June 28, 2016 Page 34 of 83
Exhibit2
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)
• Police Chief
• Human Resources
Employee Outlets
Employees who disagree with their rating may request a meeting with the Police Chief. 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 current salary is relative to the midpoint of their salary range.
Eligibility
Employees must receive an overall rating of "Competent" or better to be eligible for performance-based
merit increases. Those employees receiving an overall "Improvement Needed" or an "Unsatisfactory"
performance rating are not eligible for performance based merit increases.
An employee whose salary is at their salary range maximum is not eligible for a base pay increase. In
lieu of a base pay increase, eligible employees will receive a cash reward that is paid out in a lump sum
equivalent to the amount of the base pay increase that they would have received if they were not at the
salary range maximum. An eligible employee whose salary is close to their salary range maximum (such
that the designated pay increase would cause their salary to exceed the salary range maximum) will
receive a base pay increase up to the salary range maximum and will receive the remaining portion of the
· designated pay increase as a lump sum cash reward as described above.
Base Pay Matrix
A base pay matrix will be used to reward performance. The City Council and CPMA negotiate a contract,
which determines the merit pool or budget for the annual CPMA pay increase. After all of the
performance reviews have been completed, merit increase percentages will be determined by Human
29 Item No. 10 - AB #22,332 June 28, 2016 Page 35 of 83
Resources based on the size of the Council approved base pay matrix funding, distribution of all
employees' performance ratings and distribution of employees in their salary range (i.e., above or below
the salary range midpoint). The goal is to assign merit increase percentages that will use substantially all
of the funding approved by the City Council for merit increases for that performance cycle. An
employee's overall performance rating (sum of individual competency ratings) and position in the range
put them in one of the cells "A," "B," "C," "D," "E," or "F" as shown in the sample Base Pay Matrix
below. Each employee's merit increase is determined using the base pay matrix.
SAMPLE BASE PAY MATRIX
Overall Performance Ratin2
7-10 11-17 18-24 25-31 32-35
Salary Range Improvement
Placement U nsatisfactorv Needed Competent Commendable Exemplary
At or above
salary range 0.0% 0.0% A% C% E%
midpoint ..
Below salary .
range midpoint 0.0% 0.0% B% D% F%
N. 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 Police Chief 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.
30 Item No. 10 - AB #22,332 June 28, 2016 Page 36 of 83
Exhibit2
6. Merit increases shall be distributed within 30 calendar days ofreceiving the last performance review
or no later than the first full pay period in March. Merit increases will be effective retroactive to the
last day of the performance review cycle.
7. Employees are eligible for a base pay salary increase or cash reward if the following requirements are
met:
• the employee receives a rating of "Competent" or higher on his/her year-end performance review;
• the employee has been in a full time or% time 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 CPMA 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 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 Police Chief and approval of the 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 return 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:
Length of leave* Percent of merit increase eligible
< 91 calendar days 100%
91 -180 calendar days 75%
> 180 calendar days 0%
*not inclusive of statutory leave time
13. Employees who terminate employment after the last day of the review cycle will not be eligible for
merit increases.
31 Item No. 10 - AB #22,332 June 28, 2016 Page 37 of 83
V. COMPENSATION PLAN
The key element of the employee pay for performance program is the base pay structure. Covering all
CPMA-representedjobs, the base pay structure reflects competitive pay levels for jobs assigned to each
pay grade and provides the basis for equitable pay decisions. The CPMA Salary Structure contains two
salary ranges. Each salary range has a minimum, midpoint and maximum.
In keeping with the City Council's philosophy of surveying the total compensation oflocal agencies, all
local agencies in San Diego County who have sworn police job classifications will be considered in the
survey market for CPMA classifications.
The Human Resources Department will compare salary and benefits information on each City of Carlsbad
benchmark classification with appropriate classifications in the comparator group. Those classifications
that are considered benchmarks are those in which there was a substantial match between the
competencies and duties required for jobs at the City of Carlsbad and those for the comparator group. A
benchmark requires a minimum of three comparators. The job matching is conducted by the Human
Resources Department. From time to time the 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 regularly and the
benchmark comparisons will be modified when the classifications change within the organization.
VI. TRAINING
An extensive training program will be designed to enhance the evaluation and feedback skills of
supervisors. Skills training will include:
• Performance Planning -Competencies
• Conducting Performance Evaluations
• Coaching, Counseling and Feedback
• Compensation Administration
• Performance Planning -Goal Setting
The Human Resources Department will offer periodic review sessions to reinforce managerial and
supervisory skills and to train employees.
VIL 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.
32 Item No. 10 - AB #22,332 June 28, 2016 Page 38 of 83
Exhibit2
ARTICLE 29. EXECUTIVE LEAVE
Police Captains shall receive fifty-six (56) hours per fiscal year for executive leave. The fifty-six (56)
hours will be credited at the beginning of each fiscal year to individual leave balances. This leave must
be used within the same fiscal year.
The City Manager is authorized to provide ten (10) additional hours of executive leave per year to any
CPMA-represented employee who is required to work extended hours due to emergencies such as fires,
storms, floods, or other emergencies.
ARTICLE 30. LIFE INSURANCE AND VOLUNTARY BENEFITS
All unit members shall receive City paid life insurance in an amount equal to two times the basic yearly
earnings. To determine benefits, the amount of insurance is rounded to the next higher $1,000 multiple,
unless the amount equals a $1,000 multiple.
The City provides various voluntary benefits available at the employee's cost. Employees may select
among various levels of coverage. For information regarding these benefits, contact the Human
Resources Department at 760-602-2440.
ARTICLE 31. SEPARATION COMPENSATION
All employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting
out of service or for other reasons not due to misconduct which would justify involuntary separation shall
receive one month's salary computed at the employee's actual salary at the time of separation.
ARTICLE 32. ANNUAL PHYSICAL EXAMINATION AND/OR PHYSICAL FITNESS TESTING
All employees shall be eligible for reimbursement of up to the amount of four hundred fifty dollars ($450)
during each fiscal year to pay the cost of an employee's annual physical examination and/or physical
fitness testing.
The annual physical examination may be completed by a physician of the employee's choice. Each
employee claiming reimbursement shall be required to submit original receipts to the Human Resources
Department in lieu of submitting them to the insurance company for payment.
The annual physical examination offered to unit members provides physical fitness testing and
information regarding lifestyle changes that promote optimum health. Program components include, but
are not limited to: Computerized Heart Risk Profile, Complete Blood Profile, Nutritional Assessment,
Diet Program, Body Measurements, Lung Assessment, Consultations, etc.
ARTICLE 33. DEFERRED COMPENSATION
The City shall provide deferred compensation plan(s) which may be utilized by any employee. The City
reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of
any plan.
The City and the CPMA agree to work with the City's deferred compensation provider (currently ICMA
Retirement Corporation) to implement a personal loan provision for represented employees as soon as
33 Item No. 10 - AB #22,332 June 28, 2016 Page 39 of 83
administratively possible. It is acknowledged that the City will assist in the administrative set-up of this
benefit but that the City has no liability if an employee should default on the repayment of such a loan.
ARTICLE 34. EDUCATIONAL INCENTIVE
Levell
Level II
Applicable to all employees in CPMA as of the pay period to include January 1, 2016.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of an Advanced certificate
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of one hundred fifty-six dollars ($156) biweekly. Eligibility
for receiving the compensation will be based upon the date the employee provides
evidence of eligibility to the Professional Standards Division Sergeant. It is the sole
responsibility of the employee to make notification of eligibility for the education
incentive pay. Exception: Those employees who present proof of eligibility within
two pay periods after ratification of this MOU will receive the education incentive
pay retroactive to the pay period that included January 1, 2016.
Applicable to all employees in CPMA as of the pay period to include January 1, 2017.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of a Management certificate
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of three hundred seventeen dollars ($317) biweekly.
Eligibility for receiving the compensation will be based upon the date the employee
provides evidence of eligibility to the Professional Standards Division Sergeant. It is
the sole responsibility of the employee to make notification of eligibility for the
education incentive pay.
An employee who meets the criteria for compensation under more than one level, above, shall receive
compensation for only the highest such level for which he or she qualifies.
ARTICLE 35. RE-OPENER
At any time during the term of this Memorandum, the city may reopen negotiations on the
implementation of technological changes affecting the Police Department. CPMA acknowledges that the
city has the management right to decide to change the technology used in the Police Department and that
any negotiations shall be regarding the effects of the city's decision on CPMA members.
At any time during the term of this Memorandum, the city may reopen negotiations on the issue of health
insurance benefits in order to reduce or eliminate penalties under the ACA.
34 Item No. 10 - AB #22,332 June 28, 2016 Page 40 of 83
Exhibit 2
ARTICLE 36. TEMPORARY UPGRADE PAY
Whenever the perceived needs of the City require an employee to temporarily perform all of the duties of
a job classification that has a higher pay range than the pay range associated with their current job
classification for a period of more than twenty-one (21) consecutive calendar days, the employee shall be
designated as being in an acting assignment and shall receive additional temporary upgrade pay while in
the acting assignment. In such cases, the employee shall be paid at an appropriate level which will assure
an increase of not less than five percent (5%) and not more than fifteen percent (15%) greater than his/her
current base salary. Subsequent to designation in an acting assignment, in the event that the City does not
need the employee to serve in an acting assignment for at least twenty-one (21) consecutive calendar
days, the employee shall receive the temporary upgrade pay for that period of time the acting assignment
lasts. In the event that at the beginning of an acting assignment, it is not perceived that the acting
assignment will last at least twenty-one (21) consecutive calendar days, and the acting assignment
nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the acting
assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment.
Temporary upgrade pay is reported to CalPERS except for those employees who are "New Members" as
defined by the California Public Employees' Pension Reform Act of 2013 (PEPRA).
The additional pay shall commence on the first (1st) calendar day of 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 Police Chief and submitted to
the Human Resources Director for approval.
An employee may not serve in an acting capacity for more than six (6) months without prior approval
from the Police Chief.
A person appointed to an acting assignment shall be eligible to receive merit increases in his/her regular
position during the acting assignment. The Human Resources Director shall obtain the employee's
acknowledgement of the temporary performance of all of the duties of the higher classification prior to
the employee's assuming or continuing the duties and additional compensation. The acknowledgement
form 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.
ARTICLE 37. POLICE CAPTAIN AND CITY OF CARLSBAD PERSONNEL RULES AND
REGULATIONS
Article 6 (Examinations), Article 7 (Employment Lists) and Article 8 (Method of Filling Vacancies) of
the City of Carlsbad Personnel Rules and Regulations do not apply to the Police Captain job
classification.
35 Item No. 10 - AB #22,332 June 28, 2016 Page 41 of 83
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
K Date
APPROVED AS TO FORM:
CARLSBAD POLICE MANAGEMENT ASSOCIATION
36 Item No. 10 - AB #22,332 June 28, 2016 Page 42 of 83
JOB TITLE
Police Captain
Police Lieutenant
JOB TITLE
Police Captain
Police Lieutenant
CPMA Salary Schedule
Effective 1/1/2016
MINIMUM MIDPOINT
$113,500
$92,900
$137,900
$113,800
CPMA Salary Schedule
Effective 12/1/2017
MINIMUM MIDPOINT
$117,500 $142,750
$96,200 $117,800
37
Exhibit 2
Attachment A
MAXIMUM
$162,300
$134,700
MAXIMUM
$168,000
$139,400
Item No. 10 - AB #22,332 June 28, 2016 Page 43 of 83
Exhibit 3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
Term: January 1, ±0-1-4-2016 -December 31, ~2018
TABLE OF CONTENTS
Preamble Page 2
Article 1 Implementation Page 2
Article 2 Term and Renegotiation Page 2
Article 3 Authorized Agents Page 2
Article 4 Recognition Page 2
Article 5 Savings Clause Page 3
Article 6 Nondiscrimination Clause Page 3
Article 7 Management Rights Page 3
Article 8 Basic Work Week/Work Day Page 3
Article 9 Court and Hearings Page 3
Article 10 Sick Leave/Bereavement Leave Page 4
Article 11 Association Rights Page 6
Article 12 Overtime Page 7
Article 13 Call Back Page 7
Article 14 Seniority Page 8
Article 15 Peaceful Performance of City Services Page 8
Article 16 Discipline of an Employee Page 9
Article 17 Retirement Benefits Page 10
Article 18 Flexible Benefits Program Page 11
Article 19 Uniform Reimbursement Page 14
Article 20 Vehicles for Investigations Page 14
Article 21 Long Term Disability Page 14
Article 22 Leave of Absence Page 14
Article 23 Disability Retirement Page 17
Article 24 Vacation Page 17
Article 25 Holidays Page 19
Article 26 Alcohol and Drug Policy Page 19
Article 27 Employer Searches Page 23
Article 28 Performance Management and Compensation System Page 23
Article 29 Executive Leave Page 33
Article 30 Life Insurance and Voluntary Benefits Page 33
Article 31 Separation Compensation Page 33
Article 32 Annual Physical Examination/Physical Fitness Testing Page 33
Article 33 Deferred Compensation Page 33
A1iicle 34 Educational Incentive Page xx
Article 35 Re-012ener Page xx
Article 36 Tempor1!!)'. Upgrade Pax Page xx
Article 37 Police Ca12tain and Ci!)'. of Carlsbad Personnel Rules Page xx
and Regulations
Item No. 10 - AB #22,332 June 28, 2016 Page 44 of 83
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the date of fonnal approval hereof by
the City Council of the City of Carlsbad, by and between designated management representatives of the
City of Carlsbad (hereinafter referred to as the "city") and the designated representatives of the Carlsbad
Police Management Association (hereinafter referred to as "CPMA").
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to
promote and provide for harmonious relations, cooperation and understanding between the city and the
local safety police management employees covered under this Memorandum; to provide an orderly and
equitable means of resolving any misunderstandings or differences which may arise under this
Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations
regarding wages, hours and other terms and conditions of employment of the employees covered under
this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council
approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council
following ratification of the Memorandum by the membership of CPMA. It is agreed that the city will act
in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and
those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, ~2016, and shall continue until
December 31, ~2018.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in
approximately October ~2018.
ARTICLE 3. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
3.1 City's principal authorized agent shall be the City Manager or a duly authorized representative
[Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (760) 434-
2821] except where a particular representative is specifically designated in connection with the
performance of a specific function or obligation set forth herein.
3.2 CPMA's principal authorized agent shall be its President or duly authorized representative
[Address: 2560 Orion Way, Carlsbad, CA, 92010] and PORAC of California [Address: 4010
Troxel Rd. Sacramento, CA 95834-3725; Telephone: 916-928-3777].
ARTICLE 4. RECOGNITION
The city recognizes CPMA as the majority representation of the bargaining unit that includes the
classifications of Police Captain and Police Lieutenant.
2 Item No. 10 - AB #22,332 June 28, 2016 Page 45 of 83
Exhibit 3
ARTICLE 5. SAVINGS CLAUSE
If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of
existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this
Memorandum shall remain in full force and effect for the duration of this Memorandum.
ARTICLE 6. NONDISCRIMINATION CLAUSE
Neither city nor CPMA shall interfere with, intimidate, restrain, coerce, or discriminate against employees
covered by this Memorandum because of exercise of rights to engage or not engage in CPMA activity or
because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 7. MANAGEMENT RIGHTS
The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its
major service areas, departments, commissions, and boards; to set standards of service; to determine
procedures and standards of selection for employment and promotion; to direct its employees; to take
disciplinary action; to relieve employees from duty because oflack of work or other legitimate reasons; to
transfer employees among various department activities and work groups; to maintain the efficiency of
city operations; to determine the methods, means and personnel by which city operations are to be
conducted; to determine the contents of job classifications; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion over its organization and the
technology for performing its work.
Nothing in this Memorandum shall require the city to meet and confer over the exercise of its
management rights, however, in so doing; the city shall comply with all applicable provisions of this
Memorandum.
ARTICLE 8. BASIC WORK WEEK/WORK DAY
8.1 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
8.2 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for
sworn employees begins on Sunday at 00:01 hours and ends 14 days later at 23:59 hours.
Overtime shall be compensated in the manner prescribed by Article 12 of this Memorandum.
8.3 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work
three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour
shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours
worked in the pay period.
8.4 Members of this bargaining unit will be given two (2) fifteen-minute rest periods and one (1)
half-hour lunch break each workday without loss of pay.
8.5 CPMA members currently on a 3/12 schedule shall ,vork a 4/10 schedule once the 4/10 schedule
is implemented for CPOA membership. All unit members may be assigned to either a 3/12, 5/8,
4/10 or 9/80 work schedule. In general. unit members assigned to patrol shall work a 3/12
schedule.
3 Item No. 10 - AB #22,332 June 28, 2016 Page 46 of 83
ARTICLE 9. COURT AND HEARINGS
9 .1 Compensation: Off duty Lieutenants who appear in court or at a hearing pursuant to an official
request from a legally constituted body regarding matters arising out of, or associated with, their
employment shall be compensated at a minimum of four ( 4) hours per day calculated at time and
one-half the employee's regular rate of pay. Actual time spent in court over the four (4) hour
minimum on the same day is compensable at time and one-half the Lieutenant's regular rate of
pay.
9.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the Lieutenant's regularly scheduled
work shift. In that situation, the Lieutenant shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two (2) hours prior to the commencement of
the employee's work shift will receive two (2) hours compensation at the overtime pay rate.
Any subpoena received with an appearance time of one (1) hour prior to the commencement of
the employee's work shift will receive one (1) hour compensation at the overtime pay rate.
Lieutenants who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
minimums.
9.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held
over during the normal lunch break for further appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
9.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when
the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the
court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for
mileage expenses to and from the court or hearing location, or the round trip distance between the
court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall
be reimbursed for mileage expenses as set out in Council Policy$tatement of the City of Carlsbad
titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this
policy.
9.5 Phone Testimony: When off duty Lieutenants provide court or hearing testimony via telephone,
the employee shall be compensated for the actual time of the telephone testimony or a minimum
of one (1) hour, whichever is greater, at time and one-half the employee's regular rate of pay.
9.6 District Attorney Conversation: When off duty Lieutenants receive calls from District Attorney
personnel regarding criminal cases, employees will receive no compensation for conversations
lasting less than 10 minutes. Lieutenants will receive compensation at time and one-half the
employee's rate of pay for the actual time of the conversation or a minimum of one (1) hour,
whichever is greater, for conversations lasting 10 minutes or longer. Lieutenants receiving
multiple calls within the same one hour period shall only receive one hour compensation.
ARTICLE 10. SICK LEAVE/BEREAVEMENT LEAVE
4 Item No. 10 - AB #22,332 June 28, 2016 Page 47 of 83
Exhibit 3
10.1 Every employee will accrue sick leave at the rate of 16 minutes per calendar day. Sick leave may
be used in 15 minute increments.
10.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out
when an employee's employment with the city ends.
10.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal
injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the
employee's own or a family member's medical, dental, or optometry appointments.
In addition, in the event of the death of an employee's family member, the employee may take up
to three (3) consecutive shifts of paid time off for bereavement. In extreme circumstances, the
Police Chief may allow the employee to take additional time off in the form of accrued sick leave
or vacation or treated as leave without pay.
For the purpose of this section, the term "family member" shall be defined in the personnel rules
and regulations.
10.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death
of a family member must notify the employee's supervisor as soon as possible on the first day of
the absence. An employee who needs to be absent to attend a medical, dental, or optometry
appointment must have the absence approved in advance by the employee's supervisor.
10.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as
provided for in this article.
10. 6 If an absence is for more than three (3) consecutive workdays and/ or if it is covered by workers'
compensation, the pregnancy disability provisions of the California Fair Employment and
Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the
city may require the employee to provide a medical certificate supporting the need for the
absence.
10.7 Time off to take a physical examination for induction into or recall to active duty with the Armed
Forces will be handled in accordance with applicable state and federal law.
10.8 An employee making a blood donation without charge will be given reasonable time off for that
purpose. No charge will be made against the employee's sick leave or vacation when the absence
is approved in advance by the employee's supervisor.
10.9 During the first pay period of each fiscal year, any regular employee who has accrued and
maintains a minimum of one hundred (100) hours of sick leave will be permitted to convert up to
ninety-six (96) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours
of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to
convert sick leave to vacation if the conversion would cause the employee to exceed the vacation
accrual maximum specified in Article 24.
IO.IO Any regular employee applying for retirement with the Public Employees' Retirement System
may convert accrued and unused sick leave to service time at the rate specified in California
Government Code section 20965.
5 Item No. 10 - AB #22,332 June 28, 2016 Page 48 of 83
10.11 Nothing in this Article precludes the city from taking appropriate action in the event of abuse of
sick leave.
ARTICLE 11. ASSOCIATION RIGHTS
11.1 The city recognizes the right of the CPMA to govern its internal affairs.
11.2 The parties to this Memorandum fully support the concept of the Public Safety Officers
Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code.
11.3 Upon the receipt of a written request and authorization from an employee for deduction of CPMA
dues and other lawfully permitted deductions, the city shall withhold such dues and deductions
from the salary of the employee and remit the withholdings to the CPMA. The city shall continue
to withhold such deductions unless the employee files a statement with the city withdrawing
authorization for the continued withholding of the deductions during the month of March of m1y
year covered by the term of this Memorandum. The effective date of withholding, time of
remitting withholdings to the CPMA, and all procedural matters shall be determined in
accordance with the Rules and Regulations of the city.
11.4 The CPMA shall provide and maintain with the city a current list of the names and all authorized
representatives of the CPMA. An authorized representative shall not enter any work location
without the consent of the Police Chief or his designee or the City Manager or his designee. The
Police Chief or his designee shall have the right to make arrangements for a contact location
removed from the work area of the employee.
11.5 The CPMA shall be allowed to designate employee representatives to assist employees in:
11.5 .1
11.5.2
Preparing and presenting material for Disciplinary Appeals hearings;
Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of California Government Code Sections
3300, et seq., known as the Public Safety Officers Procedure Bill of Rights
Act.
11.6 Designated employee representatives shall be allowed reasonable release time from regularly
scheduled duties to attend meet and confer sessions with the city.
11. 7 Designated employee representatives requesting time off under this Article shall direct such
request to their immediate supervisors in writing within a reasonable time period to the date
requested, in order to assure that the Department meets its staffing needs and to assure sufficient
coverage of departmental assignments.
11.8 The city will furnish bulletin board space in the Police Department for the exclusive use of the
CPMA. Material placed on the bulletin boards shall be at the discretion of the CPMA and shall
be removed by management only in the event the material is obviously offensive to good taste or
defamatory, and shall be removed only on prior notification to a CPMA representative. The
CPMA shall be responsible for maintaining bulletin boards exclusively used by the CPMA in an
orderly condition and shall promptly remove outdated materials.
11.9 Use of City Facilities
6 Item No. 10 - AB #22,332 June 28, 2016 Page 49 of 83
11.9 .1
11.9.2
ARTICLE 12. OVERTIME
Exhibit 3
The CPMA may, with the prior approval of the City Manager, be granted the
use of the city facilities for off-duty meetings of CPMA members, provided
space is available. All such requests will be in writing to the City Manager.
The use of city equipment other than items normally used in the conduct of
business meetings, such as desks, chairs and blackboards, is strictly
prohibited, the presence of such equipment in approved city facilities
notwithstanding.
12.1 Overtime Pay: Lieutenants shall be entitled to overtime compensation at the premium rate of one
and one-half (1-1/2) times the employee's regular rate of pay for all time worked, or regarded as
having been worked because the employee is on an approved paid leave, in excess of the
employee's regularly scheduled work day and/or in excess of eighty (80) hours per fourteen (14)
day work period. The regular rate of pay shall be calculated in conformance with the FLSA.
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of "Pay Only
Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a
maximum accumulation of one hundred and fifty ( -l-0015 0) hours of compensatory time off
effective the first day of the first full pay period following ratification of this MOU. When a
Lieutenant has accumulated the maximum number of hours of compensatory time off, he/she
shall receive all overtime compensation in cash until such time as the Lieutenant's compensatory
time off bank is no longer at the maximum ..
12.3 Comp. Time Exception: Special details where the city is reimbursed for employees'
compensation from an outside entity shall be for pay only. Lieutenants volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 13. CALL BACK
13 .1 Only Lieutenants are eligible for Call Back Pay as described in this article.
13 .2 Description: If an employee is required to return to his or her place of employment or other work
location directed by the employer at a time that is not part of the employee's regularly scheduled
work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for
the actual number of hours worked, subject to the following:
13.3 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or
firearms qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation.
13.4 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee
shall receive a minimum of four hours of appropriate overtime compensation.
13.5 Travel Time: Employees who are called back shall receive travel time to and from the call back
assignment. Travel time is included as part of the call back minimum compensation or the call
back overtime if the call back (travel time plus detail time) exceeds the approved minimum
guarantees. The maximum approved travel time is set as follows:
7 Item No. 10 - AB #22,332 June 28, 2016 Page 50 of 83
(a) Police Department: If the call back is to the Carlsbad Police Department or other site
within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a
maximum of one hour.
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police
Department, travel time shall be the actual amount of time required to drive to the call
back site and return to employee's residence.
13.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to
any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an
empl.oyee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the
round trip distance between the directed site and the Carlsbad Police Department, whichever is
less.
13. 7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee's regularly scheduled work shift. In
that situation, the employee shall receive applicable overtime compensation for all time actually
worked beyond the regularly scheduled work shift.
ARTICLE 14. SENIORITY
14.1 The seniority of an employee is based on the number of calendar months of continuous service in
the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the
number of calendar months of continuous service in the Carlsbad Police Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall have
seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
14.2 If an employee voluntarily leaves the city's employ or is dismissed for cause, the employee will
lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead,
if an employee is reemployed, seniority will be based on the reemployment date. This section
does not apply to employees who successfully appeal a termination for cause and are ordered to
be reinstated to employment.
14.3 An employee laid off will, after reinstatement, regain the seniority credit the employee possessed
at the time of layoff, provided the reinstatement occurs within twenty-four (24) months of the
layoff.
14.4 Refer to Article 22.3 for information re: the impact of a leave of absence on seniority. A leave of
absence in excess of thirty (30) continuous days \Vill not count as continuous service for the
purpose of determining seniority.
ARTICLE 15. PEACEFUL PERFORMANCE OF CITY SERVICES
15 .1 During the term of the Memorandum, the CPMA, its representatives, or members shall not
engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against
the City of Carlsbad.
15.2 During the term of the Memorandum, the city will not instigate a lockout over a dispute with the
employees.
8 Item No. 10 - AB #22,332 June 28, 2016 Page 51 of 83
Exhibit 3
15 .3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employment for the purpose of inducing,
influencing or coercing a change in the conditions of compensation, or the rights, privileges or
obligations of employment.
ARTICLE 16. DISCIPLINE OF AN EMPLOYEE
16.1 The city may only discipline regular employees for just cause. In the case of disciplinary action
involving suspension, demotion or discharge, the employee shall be given notice of the action.to
be taken, the evidence or materials upon which the action is based, and an opportunity to respond
to the Police Chief either orally or in writing, provided the employee requests the opportunity
within seven (7) calendar days of the notice of the action. The above process will occur prior to
the imposition of the discipline.
16.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall inform and
remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the city will attempt to develop a
permanent list of five ( 5) mutually acceptable hearing officers. If a mutually acceptable list
cannot be developed, the parties agree that the advisory hearing will be conducted before a
hearing officer selected by the parties from a list provided by the California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a
strikeout procedure using a list of seven names provided by the California State Mediation and
Conciliation Service. The appellant will have the prerogative of striking the first name.
The city will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attorney fees and preparation of documents.
16.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the
period of time, from two to four years that the discipline will remain in the affected employee's
personnel records, unless a longer period is required by law. At the end of the designated period
of time, the disciplinary action shall be removed from the employee's personnel file. It is the
responsibility of the employee to initiate a request for removal of disciplinary action from the
employee's personnel file. The only permitted use of the removed disciplinary action shall be in
a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
16.4 Nothing in this Memorandum shall be construed to require "cause" or ''just cause" for the
rejection of a probationary employee prior to the expiration of the probationary period. A
probationary employee rejected during the probationary period shall not be entitled to appeal such
rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection
with the Police Chief.
16.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to
appeal to the Hearing Officer any disciplinary action.
9 Item No. 10 - AB #22,332 June 28, 2016 Page 52 of 83
16.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the
Human Resources Director, who shall, within ten (10) calendar days after receipt of the appeal,
inform the Hearing Officer of the action desired by the appellant and the reasons why. The
formality of a legal pleading is not required.
16.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing, unless the parties mutually agree to a later hearing date. The Human
Resources Director shall notify all interested parties of the date, time, and place of the hearing.
16.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the
Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attorney the appellant selects and may produce any relevant oral or
documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its
case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of
witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control
of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before
it. Hearings need not be conducted according to technical rules relating to evidence and
witnesses. Hearings will be closed unless at least four ( 4) business days prior to the hearing the
appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing
officer will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their case to the
City Council before the City Council renders a final decision.
16.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and
to the appellant. The City Council shall review the findings and recommendations of the Hearing
Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems
warranted, and the action taken shall be final. The Hearing Officer may submit a minority or
supplemental finding and recommendation. In the case of suspension, discharge or demotion, the
appointing power shall reinstate an employee to the employee's fonner status if the City Council
determines that the action was for discriminatory reasons.
16.10 Disciplinary appeal hearing. During any disciplinary appeal hearing, either party may file a
written motion with the City Clerk for the City of Carlsbad seeking authorization from the City
Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing
officer. The motion for authorization shall be heard in closed session, unless waived by the
appellant. Either party's representative may make a statement to the City Council on the issue of
whether authorization to seek a writ is justified. During this hearing on the motion for
authorization to pursue a writ, neither party may discuss the merits or the factual basis of the
underlying administrative hearing with the City Council. The paities should limit their discussion
as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an
interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing
the discipline shall not be required to seek authorization from the City Council in order to pursue
an interlocutory writ in court as to those issues in which the court has initial jurisdiction,
including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of
Rights Act.
ARTICLE 17. RETIREMENT BENEFITS
10 Item No. 10 - AB #22,332 June 28, 2016 Page 53 of 83
Exhibit 3
1 7 .1 The city has contracted with CalPERS for the following retirement benefits:
Safety "Classic" Members (those that do not qualify as "New Members" as defined
below)
• Employees entering City of Carlsbad safety CalPERS membership for the first time prior
to October 4, 2010 -The retirement formula shall be 3%@ 50; single highest year final
compensation.
• Employees entering City of Carlsbad safety CalPERS membership for the first time on or
after October 4, 2010 -The retirement fonnula shall be 2%@50; three year average
final compensation.
"New Members"
Employees who are "New Members" as defined by the California Public Employees' Pension
Reform Act of2013 (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 includes but areis not limited to the following retirement benefits:
• Safety-The retirement formula shall be 2. 7% @ 57; three year average final
compensation.
• 8afety Tier I (employees entering safety membership for the first time prior to October 4,
2010) The retirement formula shall be 3%@ 50; single highest year final compensation.
• 8afety Tier 2 (employees entering safety membership for the first time on or after October 4,
2010) The retirement fonnula shall be 2%@ 50; three year average final compensation.
Employees v,ho are "New Members" as defined by the California Public Employees' Pension
Reform Act of2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a
CalPER8 member or member of a reciprocal system or vrho has had a break m Ca1PER8 service
of at least 6 months or more) will constitute a third tier and be subject to all the applicable
PEPRA provisions, 1,yhich iRclude but are not limited to the following retirement benefits:
• 8afety Tier 3 The retirement fonnula shall be 2.7%@ 57; three year average final
compensation.
17 .2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Safety employees subject to the 3%@ 50 and 2% (cv, 50 benefit formula shall pay all of
the employee retirement contribution (9%).
• Safety employees who meet the definition of "New Member" under PEPRA shall pay
one half of the normal cost rate associated with their benefit plan.
• Effective the first full pay period following Council approval of this MOU, Tier 1 and
Tier 2 safety employees shall pay all of the employee retirement contribution (9%).
11 Item No. 10 - AB #22,332 June 28, 2016 Page 54 of 83
• Tier 3 safety employees shall pay one half of the normal cost rate associated v,rith the 3""
tier.
17.3 If the Employer Paid Member Contribution (EPMC) is greater than zero, the city shall report the
value of the EPMC as additional (special) compensation to CalPERS for all CPMA represented
employees designated as "classic CalPERS members".
ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
18.1 Employees represented by the CPMA will participate in a flexible benefits program that includes
medical insurance, dental insurance, vision insurance, accidental death and dismemberment
insurance (AD&D) and flexible spending accounts (FSAs).
18.2 Medical Insurance: During the entire term of this agreement, represented employees will be
covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be
eligible to participate in the CalPERS Health Program. The city will pay on behalf of all
employees covered by this agreement and their eligible dependents and those retirees designated
in Section 18.6 of this Article, the minimum amount per month required under Government Code
Section 22892 of the PEMHCA for medical insurance through the California Public Employees'
Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must
select one medical plan from the variety of medical plans offered.
Effective the first full payroll period after ratification of this MOU (prospective only), the city
shall contribute the following monthly amounts ( called "Benefits Credits") on behalf of each
active employee and eligible dependents toward the payment of 1) medical premiums under the
CalPERS Health Program, 2) contributions in the name of the employee to the City's flexible
spending account(s), or 3) city-sponsored dental, vision or Accidental Death & Dismemberment
(AD&D) premiums.
(a) For employees with "employee only" coverage, the city shall contribute five hundred
forty fourforty-seven ($.§44547) dollars per month (decreased from $~549 per month)
that shall include the mandatory payments to CalPERS. If the actual total premiums
exceed the city's total contributions, the employee will pay the difference.
(b) For employees with "employee plus one dependent" coverage, the city shall contribute
one thousand thirty eighteighty-nine dollars ($-l--,fil--8 L089) per month ( decreased
increased from $~1,048 per month) that shall include the mandatory payments to
CalPERS. If the actual total premiums exceed the city's total contributions, the employee
will pay the difference.
( c) For employees with "employee plus tv,'O or more dependentsfamily" coverage, the city
shall contribute one thousand three-four hundred sixty threetwenty-eight dollars
($~1,428) per month (decreased increased from $-l,4±+1,377 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.
To provide CPMA members with the value of this increase in Benefits Credits for the pay periods
that include the period between January 1, 2016 and ratification of this Memorandum by the City
Council, the city shalt with payroll, during 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 related to the employee's medical coverage level during the pay
12 Item No. 10 - AB #22,332 June 28, 2016 Page 55 of 83
Exhibit 3
period that the cash payment is distributed for CPMA members who are employed by the city in
that pay period. The total cash amount will depend on the number of payroll periods in 2016 that
occur between January I, 2016 and ratification of this Memorandum in which Benefits Credits
were increased described above.
Effective the pay periods that include 1/1/2017 and 1/1/2018 the city monthly benefit credits
associated with each coverage level will be set to dollar amounts that equate to 80% of the
average health (medical, dental and vision) premium for Employee, Employee Plus One and
Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take
effect on January I of the respective calendar year.
If the actual total premiums exceed the city's total contributions, the employee will pay the
difference.
The dollar amount paid by the city for each coverage level (employee only, employee plus one
dependent and employee plus two or more dependents) may be increased in the pay period that
includes January 1, 2015 . The amount of the increase 1.vill be determined by noting the average
percentage increase in premiums for all of the CalPERS HM:O health plans for January 1, 2015.
If this percentage increase is greater than five percent (5%), the city will calculate the difference
between the average percentage increase and 5% and divide that number in half. Then the city
will increase its previous calendar year's monthly city contribution for each coverage level by the
resulting percentage increase (rounded to the nearest v.rhole dollar amount) to detennine the new
monthly city contribution dollar amount.
If the average percentage change in premiums for all of the CalPERS HM:O health plans for
January 1st 2015 is less than zero percent (0%), the city 1.vill take the average percentage decrease
and subtract half of this percentage decrease from its previous calendar year's monthly
contribution (rounded to the nearest =whole dollar amount) to determine the nevi monthly city
contribution dollar amount.
For sample scenarios regarding the January 2015 change to city Benefit Credits, see the table
SAM:PbE SCENARIGS
:Average Increase in :Percentage
Cal:PERSH;}.4Q Change to
Premiums January Benefit Credits
2-0B January 2015
-l-0% -5-%
0% 5% {}-%
-l-5-% ~
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 "unused excess
credits" ·.vill be applied tov,rards the cost of the employee'sto purchase ef.city-sponsored dental
insurance, vision insurance, AD&D insurance or contributions to contribute to a healthcare or
dependent care flexible spending account (FSA). Remaining unused excess Benefits Credits will
be paid to the employee in cash and reported as taxable income.
18.3 Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance
13 Item No. 10 - AB #22,332 June 28, 2016 Page 56 of 83
Employees may elect to enroll in or opt out of the purchase or waive city-sponsored dental, vision
or AD&D insurance plans at any coverage level. If the decision is made to purchase one or more
of these insurance plans, an employee may purchase them at any level of coverage offered by the
plafr.
18.4 Opt OutWaiver Provision
Employees who do not wish to participate in the CalPERS Health Program will have the choice
of waiving the city's medical insurance provided they can show that they are covered under
another grQfil2_insurance plan.
Effective the first full pay period after ratification of this MOU (prospectively only), employees
who elect this provision will be given a reduced city contribution amount (Benefits Credits) of
two hundred ninety fiveseventy-three dollars and fifty cents ($±%273.50) per month (decreased
from $W&-298 per month), to be used toward the purchase of dental insurance, vision insurance,
AD&D insurance or as a contribution to a flexible spending account. The city contribution
amount of two hundred seventy-three dollars and fifty cents ninety five dollars ($±%273.50) per
month will be granted to any employee who elects to opt out ofwaive the CalPERS Health
Program, regardless of the employee's level of coverage ( employee only, employee plus one
dependent, employee plus tv.'o or more dependentsfamily).
Effective the pay periods that include 1/1/2017 and 1/1/2018 the benefit credits associated with
waiving medical coverage will be set equal to 50% of the benefit credits associated with
Employee Only medical coverage level.
The dollar amount paid b)1 the city for employees ·.vho elect the opt out provision may be
increased in the pay period that includes January 1, 2015. The amount of the increase ·.vill be
detem1ined by noting the average percentage increase in premiums for all of the Cal.PERS HM:O
health plans for January 1, 2015. If this percentage increase is greater than five percent (5%), the
city will calculate the diffurence between the average percentage increase and 5% and divide that
number in half. Then the city ·.vill increase its previous calendar year's monthly contribution by
the resulting percentage increase (rounded to the nearest ·.vhole dollar amount) to determine the
nev,' monthly city contribution dollar amount.
If the average percentage change in premiums for all of the CalPERS HMO health plans for
January 151 2015 is less than zero percent (0%), the city ,vill take the average percentage decrease
and subtract half of this percentage decrease from its previous calendar year's monthly
contribution (rounded to the nearest whole dollar amount) to determine the new monthly city
contribution dollar amount.
For sample scenarios regarding the January 2015 change to city Benefit Credits, see the table
SAl\fPbE SCENARIOS
i'\,verage Increase in Percentage
Cal.PERS HMO Change to
Premiums January Benefit Credits
~ January 2015
--1-0% ~
0% 5% ~
14 Item No. 10 - AB #22,332 June 28, 2016 Page 57 of 83
Exhibit 3
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as
taxable income.
18.5 Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the California Public
Employees' Retirement System (CalPERS) Health Program. Represented employees who retire
from the city, either service or disability and receive a retirement allowance from CalPERS, shall
be eligible to continue their enrollment in the CalPERS Health Program when they retire,
provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time
of separation from employment and their effective date of retirement is within 120 days of
separation. The city will contribute the minimum amount per month required under Government
Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS
Health Program. Direct authorization may be established for automatic deduction of payments
for health insurance administered by CalPERS.
Employees who retire from the city, either service or disability, shall be eligible to 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 employee retiree and eligible
dependents shall be borne solely by the employeeretiree. The city shall not charge the COBRA,
administrative cost to the retirees. An individual who does not choose coverage upon retirement
or who chooses coverage and later drops it is not eligible to return to the city's dental and vision
insurance programs.
The city will invoice the retiree must make arrangements with the city to prepayfor his/her
monthly premiums for dental and/or vision insurance and the retiree must keep such payments
current to ensure continued coverage.
ARTICLE 19. UNIFORM REIMBURSEMENT
Reimbursement to represented employees for the cost of purchasing and maintenance of required
uniforms shall be $26.92 per pay period. Under PEPRA, this benefit is not repo1ted to CalPERS as
special compensation for new members).
ARTICLE 20. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of Professional Standards and Services
Division Lieutenant, Investigations Lieutenant, Traffic Lieutenant, and all Police Captains shall be
assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift; provided,
however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles
and does not extend to any Lieutenant/Captain assigned in addition to the number assigned as of the date
of this Memorandum.
ARTICLE 21. LONG TERM DISABILITY
During the term of this Memorandum, city agrees to continue to provide long term disability insurance.
The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, the insurance shall continue unchanged.
ARTICLE 22. LEAVE OF ABSENCE
15 Item No. 10 - AB #22,332 June 28, 2016 Page 58 of 83
22.1 Occupational Injuries or Illnesses
22.1.1 A sworn employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for up to one year as provided in Section
4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850
benefits concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability payments feF;
if appropriate, vocational rehabilitation maintenance allowance payments) as
provided in the Labor Code. To the extent these benefits are less than the
employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
An employee shall not use accrued sick leave after the city approves the
employee's Industrial Disability Retirement (IDR). The employee who is
approved for an IDR may choose to cash out up to 50% of their sick leave
balance upon separation of employment. The remaining sick leave balance shall
be converted to CalPERS service credit.
22.2 Non-Occupational Injuries or Illnesses
22.2.1 An employee who is temporarily unable to work due to a non-occupational
illness or injury will receive those disability benefit payments for which the
employee is eligible and applies. To the extent that these benefits are less than
the employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
22.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same
manner as leaves of absence for non-occupational illnesses or injuries, subject to
the pregnancy disability provisions of the California Fair Employment and
Housing Act.
22.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) ofleave of absence (paid or
unpaid and except when leave is ordered by the city) or completion of a leave of absence related
to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for
the benefits listed below:
1. accrual of sick leave and vacation,
2. holiday pay and
3. cell phone allowance
16 Item No. 10 - AB #22,332 June 28, 2016 Page 59 of 83
Exhibit 3
On the day that the employee returns to work from the extended leave of absence, the employee
will resume eligibility for the abovementioned benefits and the employee's vacation anniversary
date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either
84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of
the Labor Code, whichever was longer.
Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends
beyond 14 consecutive calendar days the probationary period shall be extended for each calendar
day the employee was on a leave of absence. Other than this exception, all other provisions in
this Extended Leave of Absence section apply to a probationary newly hired employee.
22.~4 Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant
to the recommendation of the Police Chief and the approval of the City
Manager.
An employee shall utilize all his/her vacation, and/or sick leave (if
applicable) prior to taking an authorized leave of absence without pay.
B. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms
prescribed by the City Manager or his/her designee 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 the Police Chief, and, upon written recommendation
of the Police Chief that it be granted, modified or denied, shall be
promptly transmitted to the City Manager or his/her designee. A copy of
any approved request for leave of absence without pay shall be delivered
promptly to the Directors of Finance and Human Resources Director.
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 or his/her
designee. 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. Return From Leave
17 Item No. 10 - AB #22,332 June 28, 2016 Page 60 of 83
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 the Police Chief at least fourteen (14) calendar days prior to
the day he/she plans to return. The Police Chief shall promptly notify the
City Manager or his/her designee of the employee's intention. The
employee shall return at a rate of pay not less than the rate at the time the
leave of absence began.
E. Effect of Leave Without Pay
i'.n employee shall utilize all his/her vacation, and/or sick leave (if
applicable) prior to taking an authorized leave of absence without pay.
A, prorata reduction of normal annual vacation and sick leave accruals
shall be applicable to an approved absence 1Nithout pay. Any absence
without pay constitutes a break of continuous service \Vith the city. The
granting of any leave without pay exceeding two full scheduled pay
periods shall cause the employee's calculation of full time continuous
service to be extended by the number of calendar days for 1.vhich such
leave has been granted less the first hvo full pay periods of such leave.
An employee's accumulation of sick leave and vacation leave will cease
after the completion of hvo (2) full scheduled pay periods in 1.vhich the
employee has not received compensation due to a leave of absence
1.vithout pay. Accrual will be reinstituted begim1ing the first day of the
first full pay period after the employee has returned to work.
FE. Leave Without Pay -Insurance Payments
An employee on leave without pay may continue his/her city insurance
benefits by reimbursing the city for the costs of insurance on a monthly
basis during the period of the leave. Failure to reimburse the city for
such benefits during the term of a leave of absence will result in the
employee's coverage terminating on the first day following the month in
which the last payment was received.
22.4~ To the extent permitted by law, a leave of absence under this article will run concurrently with
any leave of absence an employee is entitled to receive under the California Family Rights Act or
the federal Family and Medical Leave Act.
22.~~ Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
Police Captains are.paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29
CPR Section 541.Sd, the city can make deductions from salary or leave accounts for partial day
absences for personal reasons or sickness because the city has a policy and practice of requiring
its employees to be accountable to the public that they have earned their salaries. A partial day
absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation
29 CFR Section 541.118 (a)(2) and (a)(3), the city may make salary or leave reductions based
upon full day absences. Partial day or full day absences shall be first charged against the exempt
employee's vacation, sick, or executive leave account. In the event the exempt employee does not
have sufficient time in his/her leave account to cover the absence, deductions without pay will be
made on full days only.
18 Item No. 10 - AB #22,332 June 28, 2016 Page 61 of 83
Exhibit 3
22.61 Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on
jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the work day. At the discretion of the supervisor, an employee may be released from
reporting back to work if an unreasonable amount of the work day remains in light of travel time
to the job site after release.
ARTICLE 23. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the standards
and procedures contained in California Government Code sections 20000 et seq.
ARTICLE 24. VACATION
24 .1 All members of this bargaining unit shall be entitled to accrue vacation on a daily basis according
to the number of continuous full years of employment based on the following vacation accrual
schedule:
Beginning with the first (1 st) working day through the completion of five (5) full calendar
years of continuous service -13 minutes/day
Beginning the sixth ( 6th) year of continuous employment through the completion of ten ( 10)
full calendar years of continuous service -20 minutes/day
Beginning the eleventh (11th) year of continuous employment through the completion of
eleven (11) full calendar years of continuous service -21 minutes/day
Beginning the twelfth (12th) year of continuous employment through the completion of
twelve (12) full calendar years of continuous service -22 minutes/day
Beginning the thirteenth (13th) year of continuous employment through the completion of
thirteen (13) full calendar years of continuous service -24 minutes/day
Beginning the fourteenth (14th) year of continuous 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.
CPMA-represented employees with comparable service in local government agencies may
be granted credit for such service for the purpose of computing vacation at the discretion of
the City Manager.
19 Item No. 10 - AB #22,332 June 28, 2016 Page 62 of 83
24.2 Vacation Accrual Maximum
No employee will be allowed to accrue vacation hours in excess of the three hundred and twenty
(320) hour maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably
deny requests for vacation time off. If there are unusual circumstances that would require an
employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the
Police Chief and the City Manager or his/her designee. The Police Chief and the City Manager or
his/her designee may grant such a request if it is in the best interest of the city. Requests will be
handled on a case-by-case basis and will be considered only in extreme circumstances.
24.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to eighty (80) hours of
accrued vacation to cash, provided they have used at least eighty (80) hours of vacation during
the pay periods that fall within the prior calendar year.
24.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
returning to work during vacation leave will be compensated as follows:
(a) Court --For Lieutenants only, mandated court appearances during the time of an
employee's paid vacation leave from city service will be compensated at time and one half
the employee's regular rate of pay, with a minimum of four (4) hours.
(b) Duty Time -Employees returning to their regularly scheduled work time while on vacation
leave shall be paid their applicable regular rate of pay and not be charged the corresponding
vacation time.
(c) Non-Duty Time -Lieutenants returning to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid at time and one half the
employee's regular rate of pay.
(d) Recall-This clause shall not limit the city's right to recall an employee from vacation in
the event of an emergency.
24.5 Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon
determination by the Police Chief that such absence will not materially affect the department.
Each employee must consider the needs of the service when requesting annual vacation leave.
An employee shall normally provide forty-eight (48) hour notice in advance of the day(s) he/she
is requesting vacation time off. When a family emergency arises which necessitates the use of
vacation time, an employee shall provide as much advance notice as possible considering the
particular circumstances.
24.6 Terminal Vacation Pay
20 Item No. 10 - AB #22,332 June 28, 2016 Page 63 of 83
Exhibit 3
The dollar value of an employee's accrued vacation balance as of the employee's last day on
payroll shall be paid to the employee upon separation of employment at the employee's base rate
of pay at separation. An employee with regular status separating from the city service 1,vho has
accrued vacation leave shall be entitled to terminal pay in lieu of such vacation. No leave credit
·.vill be earned on terminal leave payments. \Vhen separation is caused by death of an employee,
payment shall be made to the estate of such employee or, in applicable cases, as provided in the
Probate Code of the State.
ARTICLE 25 . HOLIDAYS
25.1 The city agrees to observe t\velve eleven (~11) scheduled paid holidays per year through January
31, 2015. The holiday schedule shall not interfere with, influence, or otherwise change the
scheduling of shift employees by the department.
As of February 1, 2015, the Lincoln's Birthday holiday shall be eliminated for all CP.l\4.A
employees.
25.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
Lincoln's Birthday (Monday before President's Day) (eliminated on February 1, 20 15)
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
25.3 Lieutenants who work a 5/8 schedule will be paid eight (8) hours of straight time for each
holiday. Lieutenants who work a 9/80 schedule will be paid nine (9) hours of straight time for
each holiday. Lieutenants who work a 4/10 schedule will be paid ten (10) hours of straight time
for each holiday. Lieutenants who work a 3/12 schedule will be paid twelve (12) hours of straight
time for each holiday.
25.4 Lieutenants will be compensated in cash or compensatory time off (CTO) for holidays in the pay
period in which they occur. Lieutenants scheduled to work on a holiday who desire the day off
will utilize vacation or CTO.
For purposes of this section, a shift trade will be considered part of an employee's regularly
scheduled work shift.
ARTICLE 26. ALCOHOL AND DRUG POLICY
I. POLICY
21 Item No. 10 - AB #22,332 June 28, 2016 Page 64 of 83
It is the policy of the City of Carlsbad to provide, for its employees, a work environment free
from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace
Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National
Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services
Administration (SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA certification. This
policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural
Bill of Rights (Government Code Section 3300 et seq.). This policy is intended to accomplish
that objective.
A. Definitions -As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental, emotional or
behavioral change in the user, including but not limited to, prescription medications,
heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids.
2. "Workplace" means any site where city-assigned work is performed, including city
premises, city vehicles or other premises or vehicles, while city-assigned work is
being conducted, or within a reasonable time thereafter.
3. "Reasonable suspicion" means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or drugs where such
impairment could negatively affect work performance or could pose a threat to
public or employee safety.
B. Employee Responsibilities
1. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation,
possession or use of alcohol or drugs nor be under the influence of
alcohol or drugs in the workplace or while on-call;
b. submit to an alcohol and drug analysis and remain on the premises
when requested to do so by city management, acting pursuant to this
policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute
(including any pleas of nolo contendere ), if such conviction was based
on a violation which occurred in the workplace, no later than five days
after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any medication or
drugs, prescription or non-prescription ( over-the-counter medications), which
22 Item No. 10 - AB #22,332 June 28, 2016 Page 65 of 83
Exhibit 3
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. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Upon receiving a conditional offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of 11breathalizer, 11 urine, or blood
analysis.
2. Persons whose results are positive for either drugs or alcohol will be rejected
for city employment.
B. Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the workplace or
subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of 11breathalizer, 11 urine, or
blood analysis.
c. An employee may also be required to remain on the premises for a
reasonable time until arrangements can be made to transport the
employee to his or her home.
23 Item No. 10 - AB #22,332 June 28, 2016 Page 66 of 83
III.
2. Some examples of "reasonable suspicion" as defined in Section 1.A.3.
include, but are not limited to, the following, when confirmed by more than
one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability;
d. an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the workplace
situation;
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal knowledge
that would lead a reasonably prudent supervisor to believe that an
employee is under the influence of alcohol or drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol analysis
when requested to do so by city management or by law enforcement officers
shall constitute insubordination and shall be grounds for discipline, up to and
including termination.
4. A drug and alcohol analysis may test for the presence of any drug which
could impair an employee's ability to effectively and safely perform the
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in disciplinary
action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug test
sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed necessary by
the city.
EMPLOYEE ASSISTANCE PROGRAM
A. The city has a well established voluntary Employee Assistance Program (EAP) to
assist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employee of
the city wishing confidential assistance for a possible alcohol or drug problem
can call the EAP office and arrange for an appointment with a counselor.
24 Item No. 10 - AB #22,332 June 28, 2016 Page 67 of 83
Exhibit 3
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-referral
contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of any
city policy.
ARTICLE 27. EMPLOYER SEARCHES
For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the
right to search, with or without prior notice to the employee, all work areas and property in which the city
maintains full or joint control with the employee, including, without limitation, city vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context
even if the employee has placed personal items in them. Employees are cautioned against storing
personal belongings in work areas and property under full or joint city control since such work areas may
be subject to investigation or search under this article.
Employer searches may occur when there is a reasonable suspicion that the employee has violated a city
or department policy, directive, or work rule and that the area or property to be searched may contain
evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal
authority to conduct them. Searches will not normally occur without the concurrence of more than one
supervisor.
If the Public Safety Officers Procedural Bill of Rights Act (Government Code sections 3300 et seq.) is
applicable to a particular search, then the city will comply with the Act notwithstanding anything to the
contrary in this article.
Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery
of evidence of a policy, directive, or work rule violation.
ARTICLE 28. PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM
This article replaces Administrative Order No. 66 in its entirety.
Appendix A depicts the salary ranges for CPMA classifications. Effective December 1, 2017, the salary
ranges for CPMA classifications will be increased by three and a half percent (3.5%) and rounded to the
nearest one hundred dollars.Human Resources 1.vill continue the practice of periodically reviewing market
data and recommending movement of the CPMA salary ranges to Council. This v,•ill continue to not be
subject to negotiations.
Effective the first full pay period follmving Council approval of this MOU, all CP:MA represented
employees active on payroll shall receive a taxable non persable stipend equal to $1,600.
The city will apply a feur-one percent (41%) base pay matrix to be used to determine base pay increases
for eligible CPMA members effective December 31, ±0-142016.
The city will apply a three-one and a half percent (:hS .12%) base pay matrix to be used to determine base
pay increases for eligible CPMA members effective December 31, ~2017.
25 Item No. 10 - AB #22,332 June 28, 2016 Page 68 of 83
The city will apply a two percent (2%) base pay matrix to be used to detennine base pay increases for
eligible CPMA members effective December 31, 2018.
Upon initial entry into a CPMA classification, an employee's base salary shall be set equal to the base
salary of the lowest paid employee in that same classification.
I.PURPOSE
Pay for Performance at the City of Carlsbad is based on the concept of a supervisor providing regular
coaching/feedback to the employee. The purpose is to:
>-create an environment that rewards high performers;
>-link financial rewards to accomplishing city business objectives;
>-create a consistent city-wide approach for managers to link performance and rewards; and
>-create a meaningful/fair reward system.
II. BACKGROUND
Consistent with the direction of the City Council, city staff has developed a compensation program that
establishes competitive pay. 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.
ID. GUIDANCE:
A. Annual Review Cycle
The Performance Management Cycle is aligned with the calendar year. Below is a summary of the
annual cycle.
26 Item No. 10 - AB #22,332 June 28, 2016 Page 69 of 83
Exhibit 3
Council determines
funding for merit
? pool /'~
Merit increases j Supervisors select
' I delivered competencies ancj I
define priorities j
...
I \
HR determines base pay "\ [ Supervisors conduct mid-year
matrix that complies with reviews (after Police Chief
I approved merit pool funding approves mid-year ratings)
\ I
\
Supervisors conduct l Supervisors submit proposed year ', ' year end reviews end performance ratings to j
' I Police Chief l )'
' / Police Chief calibrates !
and finalizes 1
performance ratings ' j
~ ... ··-~ ..
B. Performance Management
The performance management process consists of four important, interrelated steps.
Step 1-Performance Planning
Supervisors and employees will have an initial discussion to determine which functional competencies
will be used to evaluate the employee in the upcoming year. The supervisor explains and sets
performance level expectations. The supervisor and employee will also establish specific priorities,
contributions or development plans that are aligned with the departmental and organizational strategic
direction.
Step 2-Performance Coaching and Feedback
Throughout the year, at least on a quarterly basis, the supervisor and employee review and discuss the
employee's work performance, including significant accomplishments and/or shortfalls. Generally, these
coaching and feedback sessions will be informal and may be initiated by either the supervisor or
employee. It will be the supervisor's responsibility to ensure these discussions take place and are
appropriately documented.
Step 3-Mid-Year Performance Review
Prior to the inid-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 Police Chief 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.
27 Item No. 10 - AB #22,332 June 28, 2016 Page 70 of 83
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 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
Police Chiefreviews all proposed ratings in his/her department and works with Human Resources staff to
validate that Pay for Performance (P4P) guidelines are followed consistently within and across City
departments.
Next, the supervisor meets with the employee. The employee will come to the year-end review meeting
with his/her own thoughts and notes as to how well he/she performed during the evaluation period. The
two-way discussion focuses on accomplishments, areas for growth and improvement, job accountabilities
and defined competencies. This meeting will also include the performance planning for the upcoming
year as outlined in Step 1 above.
C. Governance of the Plan
Human Resources will be responsible for the administration and maintenance of the performance
management system, including forms, guidelines and related policies subject to City Council approval.
Human Resources will periodically review the effectiveness of the performance management system.
D. Major Roles and Responsibilities
City Council -The City Council is initially responsible for approving the pay for performance
management system and for annually approving the merit pool/funding amount in order to tie rewards to
performance.
Human Resources-The role of Human Resources will be to monitor the activities of the process, ensure
compliance with City processes and procedures, and ensure that the employee receives a fair, accurate,
and timely evaluation. This will be done by ensuring that appropriate results-oriented goals and measures
are established for the upcoming calendar year and by reviewing proposed performance and development
plans and evaluation forms for accuracy and completeness.
Human Resources will track performance ratings over time to encourage accountability and ensure that
there is consistency among the distribution of performance ratings across departments.
Human Resources will provide on-going guidance and training to supervisors regarding conducting
performance reviews and understanding the purpose and design of the pay for performance system.
28 Item No. 10 - AB #22,332 June 28, 2016 Page 71 of 83
Exhibit 3
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.
Police Chief-The Police Chief will be responsible for reviewing performance ratings within his/her
department to ensure that accurate evaluation ratings are given and that supervisors are held responsible
for effectively rating their staff. In the event of turnover of an employee's supervisor, the Police Chief
will be responsible for ensuring that an employee is equitably and adequately reviewed and rated.
Supervisor -The supervisor will carry out the steps in the performance management process in a fair,
accurate, consistent, and timely manner. This includes guiding the development of performance plans,
monitoring and recording employee accomplishments, providing timely coaching and feedback,
conducting accurate performance evaluations, and ensuring the employee has the opportunity to
participate in the process.
In the event that an employee has more than one supervisor during a rating period, each supervisor will
submit an assessment and the supervisors will mutually agree on a rating for the review period. A newly
assigned supervisor will not be responsible for reviewing a rating period of less than three months.
Employee -The employee will actively contribute in the process of defining priorities and performance
measures, initiating coaching and feedback sessions as needed. Requests for feedback by the employee
shall be responded to within 14 calendar days of the request, although actual feedback can be written or
oral and can be provided more than 14 calendar days after the request. Employees will complete a self-
assessment prior to the year-end performance evaluation, and will be prepared to contribute in the mid-
year and end of year performance evaluations.
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 position. At the end of the plan year, the employee will be rated on their
performance related to the essential functions of the job as described in the job description.
Employees serving in out of class assignments will be reviewed in accordance with their regular position
unless the employee served out of class for more than one-half of the review period. In that case, the
employee will be reviewed based on their out of class assignment. If, at the outset of the out of class
assignment, it is anticipated that the employee will spend more than one-half of the review period in that
out of class assignment, the employee and supervisor shall have a Performance Planning Meeting as
described in Step 1 above.
Core and Functional Competencies
All employees will be reviewed and evaluated based on how well they can demonstrate specific
competencies. Competencies are essential to the success of each employee in their job. There are two
29 Item No. 10 - AB #22,332 June 28, 2016 Page 72 of 83
types of competencies: 1) Core -describes the required competencies for all employees and 2) Functional
-describes competencies specific to the essential functions of the job performed by the employee.
All employees will be evaluated on the five core competencies and only two of the seven functional
competencies. Each year, during the Performance Planning step, the supervisor and the employee will
talk about which functional competencies are the most appropriate to use in the upcoming year based on
the employee's specific job, priorities and work plan. Each year, the supervisor and the employee will
select the two functional competencies that will be used to evaluate the employee that year.
Setting Priorities
Individual priorities indicate specific results to be achieved by an employee for the coming review period.
Priorities often change from year to year because they are intended to focus on a significant outcome
identified by the department. The City will support the employee in their development and aim to create
an environment of engagement, innovation and excellence.
Supervisors will determine three priorities for an employee and will link each priority to a core or
functional competency. Priorities must be related to a significant component of the 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:
r it is action oriented ( e.g., includes phrases such as 'to make', 'to complete', 'to adjust');
r it includes a measurable indicator ( e.g., quantity, rate, expense, quality, degree of accuracy,
timeliness);
> there are constraints, such as time limitations; and
r it follows the SMART criteria (see below).
Using S.M.A.R.T. Criteria
Priorities must express the action and results required so that both the employee
Specific and supervisor can see clearly whether the priority has been achieved. What is
the achievement or result that is expected?
When setting priorities, there must be some way of measuring and verifying
Measurable 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?
The priorities must be relevant to the level at which the individual is at in their
Relevant 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?
30 Item No. 10 - AB #22,332 June 28, 2016 Page 73 of 83
Exhibit 3
Rating Process and Criteria
The supervisor is responsible for rating the employee on all five core competencies, the two selected
functional competencies and the priorities, and for providing written narrative to explain these ratings.
The rating system shown below will be used in evaluating employee performance.
1. Unsatisfactory 2. Improvement
Needed
Performance does Performance does
not meet not consistently
requirements. meet requirements.
Performance is Performance
consistently and deficiencies are such
seriously that improvement is
inadequate. This needed for the
employee must employee to
make immediate satisfactorily meet
and sustained requirements.
improvements.
Employee Comments
3. Competent
Performance
consistently meets
all requirements.
Employee is fully
proficient and
adequately
demonstrates the
desired competency
behaviors for the
level of the job.
4. Commendable
Performance exceeds
requirements and
demonstrates the
ability to handle
assignments of
greater complexity
and responsibility.
This employee shows
initiative and seeks
opportunities to
enhance their job
related skills and
competencies.
5. Exemplary
Performance
significantly exceeds
requirements.
Employee has made
contributions and
achievements well
beyond those required
by their assigned
responsibilities. In
many cases,
performance
demonstrates new
areas of productiviv
and innovation far
beyond position
requirements.
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)
• Police Chief
• Human Resources
Employee Outlets
31 Item No. 10 - AB #22,332 June 28, 2016 Page 74 of 83
Employees who disagree with their rating may request a meeting with the Police Chief. 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 current salary is relative to the midpoint of their salary range.
Eligibility
Employees must receive an overall rating of "Competent" or better to be eligible for performance-based
merit increases. Those employees receiving an overall "Improvement Needed" or an "Unsatisfactory"
performance rating are not eligible for performance based merit increases.
An employee whose salary is at their salary range maximum is not eligible for a base pay increase. In
lieu of a base pay increase, eligible employees will receive a cash reward that is paid out in a lump sum
equivalent to the amount of the base pay increase that they would have received if they were not at the
salary range maximum. An eligible employee whose salary is close to their salary range maximum (such
that the designated pay increase would cause their salary to exceed the salary range maximum) will
receive a base pay increase up to the salary range maximum and will receive the remaining portion of the
designated pay increase as a lump sum cash reward as described above.
Base Pay Matrix
A base pay matrix will be used to reward performance. The City Council and CPMA negotiate a contract,
which determines the merit pool or budget for the annual CPMA pay increase. After all of the
performance reviews have been completed, merit increase percentages will be determined by Human
Resources based on the size of the Council approved base pay matrix funding, distribution of all
employees' performance ratings and distribution of employees in their salary range (i.e., above or below
the salary range midpoint). The goal is to assign merit increase percentages that will use substantially all
of the funding approved by the City Council for merit increases for that performance cycle. An
employee's overall performance rating (sum of individual competency ratings) and position in the range
put them in one of the cells "A," "B," "C," "D," "E," or "F" as shown in the sample Base Pay Matrix
below. Each employee's merit increase is determined using the base pay matrix.
SAMPLE BASE PAY MATRIX
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 0.0% 0.0% B% D% F%
32 Item No. 10 - AB #22,332 June 28, 2016 Page 75 of 83
Exhibit 3
J range midpo:int J
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 Police Chief 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.
6. Merit increases shall be distributed within 30 calendar days of receiving the last performance review
or no later than the first full pay period in March. Merit increases will be effective retroactive to the
last day of the performance review cycle.
7. Employees are eligible for a base pay salary increase or cash reward if the following requirements are
met:
• the employee receives a rating of "Competent" or higher on his/her year-end performance review;
• the employee has been in a full time or% time 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 CPMA 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%
33 Item No. 10 - AB #22,332 June 28, 2016 Page 76 of 83
8. Any 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 Police Chief and approval of the 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 return 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:
Length of leave* Percent of merit increase eligible
< 91 calendar days 100%
91 -180 calendar days 75%
> 180 calendar days 0%
*not inclusive of statutory leave time
13. Employees who terminate employment after the last day of the review cycle will not be eligible for
merit increases.
V. COMPENSATION PLAN
The key element of the employee pay for performance program is the base pay structure. Covering all
CPMA-represented 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 CPMA Salary Structure contains two
salary ranges. Each salary range has a minimum, midpoint and maximum.
In keeping with the City Council's philosophy of surveying the total compensation of local agencies, all
local agencies in San Diego County who have sworn police job classifications will be considered in the
survey market for CPMA classifications.
The Human Resources Department will compare salary and benefits information on each City of Carlsbad
benchmark classification with appropriate classifications in the comparator group. Those classifications
that are considered benchmarks are those in which there was a substantial match between the
competencies and duties required for jobs at the City of Carlsbad and those for the comparator group. A
benchmark requires a minimum of three comparators. The job matching is conducted by the Human
Resources Department. From time to time the 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
34 Item No. 10 - AB #22,332 June 28, 2016 Page 77 of 83
Exhibit 3
knowledge, skills and abilities of jobs. The benchmark salary data will be surveyed regularly and the
benchmark comparisons will be modified when the classifications change within the organization.
VI. TRAINING
An extensive training program will be designed to enhance the evaluation and feedback skills of
supervisors. Skills training will include:
• Performance Planning -Competencies
• Conducting Performance Evaluations
• Coaching, Counseling and Feedback
• Compensation Administration
• Performance Planning -Goal Setting
The Human Resources Department will offer periodic review sessions to reinforce managerial and
supervisory skills and to train employees.
VII. GLOSSARY
I. 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.
ARTICLE 29. EXECUTIVE LEAVE
Police Captains shall receive fifty-six (56) hours per fiscal year for executive leave. The fifty-six (56)
hours will be credited at the beginning of each fiscal year to individual leave balances. This leave must
be used within the same fiscal year.
The City Manager is authorized to provide ten (10) additional hours of executive leave per year to any
CPMA-represented employee who is required to work extended hours due to emergencies such as fires,
storms, floods, or other emergencies.
ARTICLE 30. LIFE INSURANCE AND VOLUNTARY BENEFITS
All unit members shall receive City paid life insurance in an amount equal to two times the basic yearly
earnings. To determine benefits, the amount of insurance is rounded to the next higher $1,000 multiple,
unless the amount equals a $1,000 multiple.
The City provides various voluntary benefits available at the employee's cost. Employees may select
among various levels of coverage. For information regarding these benefits, contact the Human
Resources Department at 760-602-2440.
ARTICLE 31. SEPARATION COMPENSATION
35 Item No. 10 - AB #22,332 June 28, 2016 Page 78 of 83
All employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting
out of service or for other reasons not due to misconduct which would justify involuntary separation shall
receive one month's salary computed at the employee's actual salary at the time of separation.
ARTICLE 32. ANNUAL PHYSICAL EXAMINATION AND/OR PHYSICAL FITNESS TESTING
All employees shall be eligible for reimbursement of up to the amount of four hundred fifty dollars ($450)
during each fiscal year to pay the cost of an employee's annual physical examination and/or physical
fitness testing.
The annual physical examination may be completed by a physician of the employee's choice. Each
employee claiming reimbursement shall be required to submit original receipts to the Human Resources
Department in lieu of submitting them to the insurance company for payment.
The annual physical examination offered to unit members provides physical fitness testing and
information regarding lifestyle changes that promote optimum health. Program components include, but
are not limited to: Computerized Heart Risk Profile, Complete Blood Profile, Nutritional Assessment,
Diet Program, Body Measurements, Lung Assessment, Consultations, etc.
ARTICLE 33. DEFERRED COMPENSATION
The City shall provide deferred compensation plan(s) which may be utilized by any employee. The City
reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of
any plan.
The City and the CPMA agree to work with the City's deferred compensation provider (currently ICMA
Retirement Corporation) to implement a personal loan provision for represented employees as soon as
administratively possible. It is acknowledged that the City will assist in the administrative set-up of this
benefit but that the City has no liability if an employee should default on the repayment of such a loan.
ARTICLE 34. EDUCATIONAL INCENTIVE
Level I
Level II
Applicable to all employees in CPMA as of the pay period to include January 1, 2016.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of an Advanced certificate
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of one hundred fifty-six dollars ($156) biweekly. Eligibility
for receiving the compensation will be based upon the date the employee provides
evidence of eligibility to the Professional Standards Division Sergeant. It is the sole
responsibility of the employee to make notification of eligibility for the education
incentive pay. Exception: Those employees who present proof of eligibility within
two pay periods after ratification of this MOU will receive the education incentive
pay retroactive to the pay period that included January L 2016.
Applicable to all employees in CPMA as of the pay period to include Januaiy 1, 2017.
36 Item No. 10 - AB #22,332 June 28, 2016 Page 79 of 83
Exhibit 3
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of a Management certificate
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of three hundred seventeen dollars ($317) biweekly.
Eligibility for receiving the compensation will be based upon the date the employee
provides evidence of eligibility to the Professional Standards Division Sergeant. It is
the sole responsibility of the employee to make notification of eligibility for the
education incentive pay.
An employee who meets the criteria for compensation under more than one level, above, shall receive
compensation for only the highest such level for which he or she qualifies.
ARTICLE 35. RE-OPENER
At any time during the term of this Memorandum, the city may reopen negotiations on the
implementation of technological changes affecting the Police Department. CPMA acknowledges that the
city has the management right to decide to change the technology used in the Police Department and that
any negotiations shall be regarding the effects of the city's decision on CPMA members.
At any time during the tenn of this Memorandum, the city may reopen negotiations on the issue of health
insurance benefits in order to reduce or eliminate penalties under the ACA.
ARTICLE36. TEMPORARYUPGRADEPAY
Whenever the perceived needs of the City require an employee to temporarily perform all of the duties of
a job classification that has a higher pay range than the pay range associated with their current job
classification for a period of more than twenty-one (21) consecutive calendar days, the employee shall be
designated as being in an acting assignment and shall receive additional temporary upgrade pay while in
the acting assignment. In such cases, the employee shall be paid at an appropriate level which will assure
an increase of not less than five percent (5%) and not more than fifteen percent (15%) greater than his/her
current base salary. Subsequent to designation in an acting assignment, in the event that the City does not
need the employee to serve in an acting assignment for at least twenty-one (21) consecutive calendar
days, the employee shall receive the temporary upgrade pay for that period of time the acting assignment
lasts. In the event that at the beginning of an acting assignment, it is not perceived that the acting
assignment will last at least twenty-one (21) consecutive calendar days, and the acting assignment
nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the acting
assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment.
Temporary upgrade pay is reported to CalPERS except for those employees who are ''New Members" as
defined by the California Public Employees' Pension Reform Act of 2013 (PEPRA).
The additional pay shall c01mnence on the first (1st) calendar day of 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 Police Chief and submitted to
the Human Resources Director for approval.
An employee may not serve in an acting capacity for more than six (6) months without prior approval
from the Police Chief.
37 Item No. 10 - AB #22,332 June 28, 2016 Page 80 of 83
A person appointed to an acting assignment shall be eligible to receive merit increases in his/her regular
position during the acting assignment. The Human Resources Director shall obtain the employee's
acknowledgement of the temporary performance of all of the duties of the higher classification prior to
the employee's assuming or continuing the duties and additional compensation. The acknowledgement
fonn 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.
ARTICLE 37. POLICE CAPTAIN AND CITY OF CARLSBAD PERSONNEL RULES AND
REGULA TIO NS
Article 6 (Examinations), Article 7 (Employment Lists) and Article 8 (Method of Filling Vacancies) of
the City of Carlsbad Personnel Rules and Regulations do not apply to the Police Captain job
classification.
38 Item No. 10 - AB #22,332 June 28, 2016 Page 81 of 83
Exhibit 3
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
KEVIN CRAWFORD, Interim City Manager Date
APPROVED AS TO FORM:
CELIA BREWER, City Attorney Date
CARLSBAD POLICE MANAGEMENT ASSOCIATION
MARC RENO, President Date
39 Item No. 10 - AB #22,332 June 28, 2016 Page 82 of 83
JOB TITLE
I Peliee Captain
Pelise Lieutenant
JOB TITLE
Police Ca11tain
Police Lieutenant
JOB TITLE
Police Caotain
Police Lieutenant
CPMA Salary Schedule
Effective 12/1/20121/1/2016
~41NIMlTh4
$ 113,500 $130,000
$ 92,900 $106,800
MINIMUM MIDPOINT
$113,500 $137,900
$92,900 $113,800
CPMA Salary Schedule
Effective 12/1/2017
MINIMUM MIDPOINT
$117.500 $142.750
$96,200 $117,800
40
Attachment A
$ 162,300
$ 134,700
MAXIMUM
$162,300
$134,700
MAXIMUM
$168,000
$139,400
Item No. 10 - AB #22,332 June 28, 2016 Page 83 of 83