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HomeMy WebLinkAbout2018-03-27; City Council; ; Adopt a Resolution approving a Memorandum of Understanding (MOU) with the Carlsbad City Employees' Association~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: March 27, 2018 Mayor and City Council Kevin Crawford, City Manager Julie Clark, Human Resources Director Julie.clark@carlsbadca.gov or 760-602-2440 CA Review w<- Subject: Adopt a Resolution approving a Memorandum of Understanding (MOU) with the Carlsbad City Employees' Association. Recommended Action Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees' Association (CCEA) and approving the associated CCEA Salary Schedule, Information Technology Department Standby Policy and revised Administrative Order No. 64. Executive Summary Representatives of the city and the CCEA have met and conferred in good faith and have reached an agreement regarding wages, hours and other terms and conditions of employment for represented employees. The term of the MOU with CCEA is from January 1, 2018 to December 31, 2020. Pursuant to Gov. Code section 3505.1, the MOU is being presented to the City Council as the governing body for its consideration. Discussion The MOU with CCEA includes the following provisions: 1. COMPENSATION ADJUSTMENTS: The City Manager recommends a shift in the compensation philosophy to ensure that City of Carlsbad salaries fall within the top third of the comparable agencies in the San Diego public sector market. As such, some of the CCEA classifications will move to higher pay ranges upon ratification of the CCEA MOU and approval of the revised CCEA salary schedule. In addition, the MOU states that effective January 1, 2019 and on January 1, 2020, all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase, with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). These actions do not impact employees' salaries. Effective January 1, 2019, all CCEA represented employees will receive a three percent (3%) salary increase. Effective January 1, 2020, all CCEA represented employees will receive a March 27, 2018 Item #2 Page 1 of 236 three percent {3%) salary increase. An employee's salary may not exceed the maximum of the pay range for their classification. 2. FLEXIBLE BENEFITS PROGRAM: Effective the pay periods that include January 1, 2019 and January 1, 2020, and December 31, 2020, 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. 3. OUT OF CLASS ASSIGNMENT: An employee who is temporarily asked to perform the duties of a job classification that has a higher pay range than the pay range associated with their current job is placed in an out-of-class assignment. Currently, an employee in this type of assignment receives additional pay starting on the twenty-first day of the assignment. Upon ratification of the CCEA MOU, an employee in an out-of-class assignment will receive additional pay as of the first day of the assignment. 4. INFORMATION TECHNOLOGY (IT) DEPARTMENT STANDBY DUTY: In order to maintain service levels and respond to emergencies outside of normal city business hours, certain (CEA-represented employees are assigned to standby duty. In 2015, the IT department outsourced the after-hours response duties and eliminated staff standby duty. Recently, the contract with this outsourced vendor was terminated. Therefore, standby duty will be reinstituted within the IT department upon ratification of the MOU. 5. LEAVE OF ABSENCE: Changes have been made to the leave of absence provision in the CCEA MOU that put limits on the benefits given to those employees who are on an extended leave of absence. 6. DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS: Changes have been made to Administrative Order No. 64 Drug and Alcohol Testing Policy for Employees in Safety Sensitive Positions to reflect recent changes in Federal law regarding employees whose job duties involve driving commercial vehicles. 7. RE-OPENER: At any time during the term of the MOU, after Cal PERS announces their actual rate of return for the prior fiscal year, if the Cal PERS "discount rate" (i.e., actual rate of return) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of Cal PERS retirement. 8. FLOATING HOLIDAYS: Effective July 1, 2018, all CCEA employees will receive one floating holiday per fiscal year. Effective July 1, 2019, all CCEA employees will receive two floating holidays per fiscal year. 9. Language changes were made to the CCEA MOU as outlined in Exhibit 2. March 27, 2018 Item #2 Page 2 of 236 The above-mentioned provisions are incorporated in the attached MOU (Attachment A), CCEA Salary Schedule (Attachment B), IT Department Standby Policy (Attachment C) and Administrative Order No. 64 (Attachment D), attachments to the Resolution. Fiscal Analysis The estimated annual fiscal impact associated with the actions described above is described below. • The annual cost of moving certain CCEA job classifications to a higher pay range upon ratification of the MOU is $22,000. This is the cost of increasing employees' salaries to their new pay range minimum, if applicable. This cost includes salary and related benefits. • The annual cost of the salary increases included in the CCEA MOU are described below. These costs include salary and related benefits. Cost January 1, 2019 {3%) $923,000 January 1, 2020 {3%) $951,000 • The annual costs of the changes to Health Benefit Credits on January 1, 2019 and January 1, 2020 are estimated to be $200,000 and $210,000 respectively. • The annual cost of starting temporary upgrade pay on the first day of an out-of-class assignment instead of the twenty-first day is estimated to be $5,000. This cost includes pay and related benefits. • The annual cost of reinstituting standby duty in the IT Department is estimated to be $38,000. This cost includes pay and related benefits. • 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 for changes listed above that occur in Fiscal Year 2017-18 is included in the adopted Fiscal Year 2017-18 budget. Funding for changes listed above that occur in the future will be included in subsequent adopted budgets. Next Steps Staff recommends approval of the MOU between the city and the Carlsbad City Employees' Association {CCEA) and related documents as shown in Attachments A, B, C and D to the Resolution. Environmental Evaluation (CEQA) The proposed action does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. March 27, 2018 Item #2 Page 3 of 236 Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the meeting date. Exhibits 1. Resolution adopting a Memorandum of Understanding (MOU) with the Carlsbad City Employees' Association (CCEA) (Attachment A) and approving the associated CCEA Salary Schedule (Attachment B), IT Department Standby Policy (Attachment C) and Administrative Order No. 64 (Attachment D). 2. Strike-out copy of the MOU between the City of Carlsbad and CCEA. 3. Strike-out copy of the CCEA Salary Schedule. 4. Strike-out copy of the Administrative Order No. 64. March 27, 2018 Item #2 Page 4 of 236 RESOLUTION NO. 2018-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) AND APPROVING THE ASSOCIATED CCEA SALARY SCHEDULE, IT DEPARTMENT STANDBY POLICY AND REVISED ADMINISTRATIVE ORDER NO. 64. WHEREAS, the City of Carlsbad and the Carlsbad City Employees' Association (CCEA) have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding wages and other terms and conditions of employment; and WHEREAS, 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 1) a Memorandum of Understanding (MOU), marked Attachment A, 2) a salary schedule, marked Attachment B, 3) an IT Department Standby Policy, marked Attachment C and a revised Administrative Order No. 64, marked Attachment D 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 City Employees' Association (CCEA) and the City of Carlsbad as set forth in Attachment A is hereby approved and the City Manager is authorized and directed to execute it. 3. That the salary schedule for CCEA-represented employees as set forth in Attachment B is hereby approved. 4. That the IT Department Standby Policy as set forth in Attachment C is hereby approved. 5. That the revised Administrative Order No. 64 as set forth in Attachment D is hereby approved. March 27, 2018 Item #2 Page 5 of 236 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of March, 2018, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Packard. NOES: ABSENT: C. Schumacher. M. Schumacher. (SEAL) March 27, 2018 Item #2 Page 6 of 236 CCEA MEMORANDUM OF UNDERSTANDING 1/1/2018 to 12/31/2020 TABLE OF CONTENTS Attachment A Foreword .............................................................................................................. Page Preamble .............................................................................................................. Page Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 March 27, 2018 Item #2 Page 7 of 236 CCEA Memorandum of Understanding Table of Contents Page2 Article 39 Dispute Resolution Procedure ................................................ Page 33 Article 40 Alcohol and Drug Policy ....................................................... Page 39 Article 41 Access to Information ............................................................ Page 43 Article 42 Communications .................................................................... Page 43 Article 43 Legal Representation ............................................................. Page 43 Article 44 Layoff. .................................................................................... Page 44 Article 45 Carlsbad Municipal Water District ........................................ Page 46 Article 46 Full Understanding, Modification & Waiver.. ....................... Page 4 7 Article 47 Provisions of Law .................................................................. Page 4 7 Article 48 Retention of Benefits ............................................................. Page 4 7 Article 49 Non-discrimination Clause .................................................... Page 48 Article 50 Americans With Disabilities Act ........................................... Page 48 Article 51 Life Insurance and Voluntary Benefits .................................. Page 48 Article 52 Special Housing Facilities ...................................................... Page 48 Article 53 Contracting Out Work. ........................................................... Page 50 Article 54 Pay Ranges .... .'. ....................................................................... Page 52 Article 55 Survey Market ........................................................................ Page 53 Article 56 Reopener ................................................................................ Page 54 Attachment A Salary Schedule -General Employees Attachment B Benefits Retained by CMWD Employees Attachment C Compensation and Benefits Summary -CCEA Represented Employees Working a Reduced FTE Schedule Attachment D Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment Attachment E Separation Agreement and General Release ii March 27, 2018 Item #2 Page 8 of 236 Foreword MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees' Association The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City"), and the designated representatives of the Carlsbad City Employees' Association (hereinafter referred to as "CCEA" or "Association"). Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the general employees covered under this Memorandum, as shown on Attachment A and Attachment C; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. Article 1 Recognition The City of Carlsbad recognizes CCEA as the exclusive majority representative for all classifications in this unit, as set forth in Attachment A, pursuant to the petition for formal recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with the Carlsbad Municipal Code. Attachment C lists additional classifications added to this unit. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council acts, by majority vote, formally to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum of Understanding shall be from January 1, 2018, through December 31, 2020. March 27, 2018 Item #2 Page 9 of 236 Article 4 Renegotiation In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to initially meet not less than forty-five (45) calendar days and no more than six months prior to the expiration of the Memorandum of Understanding, if possible. Article 5 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: A. City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (760) 602-2440), except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CCEA authorized representatives shall be its President, its Board of Directors, or a CCEA member in good standing who has been designated as an authorized CCEA representative in writing by CCEA's President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carlsbad, CA 92008). C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the CCEA designated staff representatives. CCEA will notify Human Resources of the organization, contact name, and address whenever a change is made. Article 6 No Strike and No Lockout A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this agreement, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6, A. D. Association Official Responsibility. Each employee who holds the position of officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provision of this article, the Association agrees to inform its members of their obligations under this agreement and to direct them to return to work. 2 March 27, 2018 Item #2 Page 10 of 236 Article 7 City Rights The rights of the City include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, committees, and boards; set standards of service; determine procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 8 Employee Rights A. Employees of the City shall have the right to form, join and participate in the activities of CCEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City, CCEA or other employee organization(s) because of the exercise of his/her rights under this Article. C. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the City, on any matter of Employer-Employee Relations. D. CCEA shall be provided notice of the results of such individual Employee-City meetings. Article 9 Association Rights A. The City recognizes the right of CCEA to govern its internal affairs. B. The City agrees to include a one page CCEA "Information Sheet" in the orientation packet for newly hired employees in positions represented by CCEA. The City and CCEA agree that the purpose of the "Information Sheet" is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the "Information Sheet" shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the "Information Sheet." Prior to distribution the "Information Sheet" must be approved by the Human Resources Director. Should the City have less than ten (10) CCEA information sheets on hand, it shall notify CCEA so that CCEA can ensure that the City has adequate information sheets on hand for new hires. C. The City will furnish bulletin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The City may remove CCEA material only in 3 March 27, 2018 Item #2 Page 11 of 236 the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to CCEA. Bulletin boards shall be located at: 1) City Hall Employees' Lounge, 2) Library Employees' Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday Employees' Lounge, 6) Safety Center Employees' Lounge, 7) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk's Office, and 11) the Senior Center. By mutual agreement additional locations may be added. CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the City for the exclusive use by CCEA. D. Twice annually, within thirty (30) calendar days of written request from CCEA, the City agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared. E. CCEA shall provide and maintain with the City a current list of the names and all authorized representatives of the CCEA. An authorized representative shall not enter any work location without the consent of the Department Head or his/her designee or the City Manager or his/her designee. The Department Head or his/her designee shall have the right to make arrangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access. F. CCEA may, with the approval of the Human Resources Department, be granted the use of City facilities for after hour meetings. G. CCEA shall be allowed to designate employee representatives to assist employees in preparing and processing grievances; and preparing and presenting material for disciplinary appeals hearings. CCEA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. 4 March 27, 2018 Item #2 Page 12 of 236 Designated employee representatives requesting time off under this article shall direct such request to his/her immediate supervisor in writing within a reasonable time period to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. H. CCEA may select members of the organization to attend scheduled meetings with the City staff on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the City may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the City at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Department Head or other authorized City management official. (2) That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. Article 10 Confidential Employees Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees: • may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures), • may not provide information related to or participate in labor negotiations on behalf of CCEA, • and may not disclose information obtained in their job duties to bargaining unit members or any employee organization unless required by their job. This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA. The following positions are designated as confidential: 1) Human Resources Department: all CCEA-represented positions in this department 2) City Manager's Office: all CCEA-represented positions in this department 3) City Attorney's Office: all CCEA-represented positions in this department 5 March 27, 2018 Item #2 Page 13 of 236 4) Finance Department: Administrative Secretary, Accountant and Accounting Technician assigned to payroll responsibilities, Business Systems Specialist, Secretary 5) Information Technology Department: Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions. The City may create new confidential positions. In such cases, the City will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. Article 11 Payroll Deductions/ Agency Shop A. The City shall withhold deductions in amounts designated by CCEA members providing changes do not occur more frequently than once each fiscal year. B. AGENCY SHOP All bargaining unit employees are required to be dues paying members of the Association, or pay a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a designated charitable organization. 1. 0 Covered Employees All employees covered by the Memorandum of Understanding between the City and the Association are considered covered employees under this Article. 2.0 Agency Fee 2.1 The amount of the agency fee will be determined annually by the Association in accordance with Government Code section 3502.5. It will not exceed the standard initiation fee, period dues, and general assessments of the Association. 2.2 At least thirty (30) calendar days prior to any increase in the amount of the fee, and annually thereafter, each employee covered by this Agreement will receive written notice from the Association indicating: 2.2.1 The amount of the agency fee ( expressed as a percentage of the annual dues per member based upon the chargeable expenditures identified in the notice); 2.2.2 The basis for the calculation of the agency fee, which will be supported by an independent audit; 6 March 27, 2018 Item #2 Page 14 of 236 2.2.3 A statement informing the employee about the existence of the independent audit and its availability to the employee upon request; and 2.2.4 The procedure for appealing all or any part of the agency fee. 2.2.5 The Association will also provide the notice referenced in this section and a copy of the Association bylaws to Human Resources to be given to new employees at their orientation. 2.2.6 The Association's appeal procedures shall comply with the requirements established by State and Federal law. 3. 0 Escrow of Agency Fees in Dispute 3 .1 The Association will open an account in an independent financial institution in which to place in escrow agency fees collected from employees who have made timely objections under the Association's appeal procedures. 3.2 The escrowed agency fees will not be released until after either: 3.2.1 Mutual agreement between the objecting employee and the Association has been reached on the proper amount of the agency fee; or 3 .2.2 A final decision has been rendered by the impartial decision maker ( or the courts, if judicial review is sought under Code of Civil Procedure section 1094.8). 3 .3 The Association will pay interest at the prevailing rate on all rebated fees. 4.0 Religious Exemptions In lieu of paying the agency fee, an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee associations may pay an amount equivalent to the agency fee to one of the following nomeligious, non-labor charities: United Way Special Olympics Carlsbad Educational Foundation The employee must provide proof of payment to the City and the Association on a monthly basis. The Association may also require the employee to provide the Association with proof of membership or of continued membership in the religion, body, or sect upon which the religious exemption is based. 5.0 Payroll Deduction Process 5.1 In the event an employee submits an objection to the amount of the agency fee or there is a dispute regarding the employee's religious exemption claim, the employee will be informed that an amount equal to the agency fee will be deducted from the employee's salary 7 March 27, 2018 Item #2 Page 15 of 236 and placed in an escrow account referred to in section 3.0 above pending the final determination of the objection or validity of the exemption. At the conclusion of the process, the escrowed funds will be disbursed appropriately. 5.2 If, after deductions commence, a dispute arises between the employee and the Association over the amount or propriety of the agency fee, deductions will continue to be made and the disputed fees will be placed in an escrow account in accordance with section 3.0 above. 5.3 All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over agency fee deductions. No agency fee deduction will be made from an employee's paycheck unless the employee's earnings are sufficient to cover the agency fee after all other legal and required deductions are made. 5.4 If there is a non-disputed change in the exclusive representative for all or a portion of the covered employees, the City will transmit the agency fees deducted from the paychecks of those employees to the new representative without interruption. If there is a disputed change in the exclusive representative for all or a portion of the covered employees, the City will place the agency fees deducted from the paychecks of those employees in an interest- bearing accounting pending final resolution of the dispute. 6.0 Records and Reports The Association will keep itemized records of its financial transactions. In addition, annually, within sixty (60) calendar days after the end of its fiscal year, the Association will make available to the City and to all represented employees a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. 7.0 Indemnification The Association agrees to defend, indemnify and hold the City (including its Water District and Redevelopment Agency and their officers, employees, agents, and elected or appointed officials) harmless from all claims, demands, losses, damages, disputes, obligations, liabilities, expenses (including attorney fees), or other actions arising out of or relating to this Agreement or the agency shop arrangement. Article 12 Compensation Adjustments Effective January 1, 2019, all CCEA employees shall receive a three percent (3%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. Effective January 1, 2020, all CCEA employees shall receive a three percent (3%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. The City will continue its practice of periodically reviewing classification specifications and salaries. 8 March 27, 2018 Item #2 Page 16 of 236 Article 13 Distribution of Paychecks CCEA employees are not required to receive payroll funds through electronic deposit. Employees who provide written authorization for such electronic deposit, shall receive a Statement of Earnings (pay stub) through an electronic pay system. The electronic pay system will permit employees to view/print current and previous bi-weekly pay stubs. The Employer will provide training for all employees, as necessary in the use of the electronic pay system. For those employees who do not provide written authorization for an electronic deposit of their payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the Friday following the electronic pay date or as soon as administratively possible if there is not an Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required. The City shall make every reasonable effort to resolve payroll errors during the next pay period, and to provide additional sums (when warranted) with the following payroll. The City agrees to meet with the CCEA at mutually acceptable times and places to review payroll related problems affecting more than one bargaining unit member. Article 14 Overtime 1. Overtime Any employee required to perform in excess of forty (40) hours in a seven (7) day cycle and/or in excess of an employee's scheduled work day shall receive compensation at the rate of time and one-half his/her regular rate of pay, except as outlined in Section 2 below. The regular rate of pay shall be calculated in conformance with the FLSA. In determining an employee's eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Request for Temporary Shift Adjustment (Flex Time) An employee may request that the employee's normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee's FLSA work week and same pay period without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate. The FLSA work week for employees on a 9/80 9 March 27, 2018 Item #2 Page 17 of 236 schedule begins four ( 4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty eight (168) hours later ( at four ( 4) hours after the regularly scheduled starting time for their Friday shift). For all others the work week is from Monday at 12:00 a.rn. to Sunday at 11 :59 p.rn. 3. Call Back Pay Call back duty occurs when an employee is requested and accepts the request to return to duty on a non-regularly scheduled work shift. Call back does not occur and regular overtime rules and pay apply (e.g., no minimum) when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift or if the assignment has been scheduled in advance and the employee is provided with at least twenty four (24) hours notice of said assignment. Corning Back To Work If the employee has to come to work to resolve the problem, (i.e., the work is not completed remotely via phone/computer) the employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time the employee begins their commute to work. The employee shall be paid for travel time to and from the call back assignment up to a maximum total travel time (to and from) of three (3) hours. Travel time is included as part of the call back minimum compensation. Mileage reimbursement for expenses to the work site will not be compensated. Some example scenarios are shown below. Example 1 Time spent commuting to work is 2 hours Time spent at work is 1 hour Time spent commuting back home is 2 hours Total paid time for this scenario would be 4 hours (maximum 3 hours for commute/travel time plus 1 hour at work). Example 2 Time spent commuting to work is 15 minutes Time spent at work is 30 minutes Time spent commuting back home is 15 minutes Total paid time for this scenario would be 2 hours (the minimum call back pay). Example 3 Time spent commuting to work is 1 hour Time spent at work is 1 hour Time spent commuting back home is 1 hour Total paid time for this scenario would be 3 hours. Performing the Work Remotely If the work is performed remotely via phone/computer the employee shall be credited for a minimum of thirty (30) minutes work commencing at the time the employee begins the callback work. If an employee receives multiple calls/messages and completes the work related to all of those calls/messages remotely and via phone/computer within the same 10 March 27, 2018 Item #2 Page 18 of 236 thirty (30) minute period, the employee shall be credited for a minimum of thirty (30) minutes work. 4. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off on a time and one-half basis. No employee shall accrue more than eighty (80) hours of such compensatory time. Should any employee exceed eighty (80) hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. At any time an employee may elect to "cash out" any portion of his/her accrued compensatory time balance at his/her regular rate of pay by requesting this "cash out" on his/her time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 5. Overtime Authorization All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. 6. Clothes Changing Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence and work. Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunch time. Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever. 7. Training Time Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq. 11 March 27, 2018 Item #2 Page 19 of 236 Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq. When feasible, the Department will adjust the employee's work schedule to minimize the impact of travel and training time. Travel time to and from local work-related training either before, during or after regularly scheduled work hours shall be compensated for all CCEA employees regardless of whether the employee is a driver or passenger. For the purposes of this section, "local" refers to work related training taking place in San Diego, Imperial, Orange, Riverside, San Bernardino and Los Angeles Counties. 8. City Vehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. Refer to Administrative Order No. 3 for more information regarding use of City vehicles. This provision also applies in those situations where the radio must be left on and monitored. 9. Court Pay When an employee is physically called to court for City-related business, while off duty, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for the court appearance. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. 10. Standby Pay "Standby assignment" requires an employee to: a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department; b. Carry a cellular phone during standby assignment; c. Respond to a call/message promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Callback shall be handled in accordance with each department's standby/callback policy; d. Each department's standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring. In addition, the City shall provide training for the supervisors and managers responsible for 12 March 27, 2018 Item #2 Page 20 of 236 administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; e. Abide by the City's Alcohol and Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rules and regulations set forth by the Department of Transportation (DOT); f. Wear appropriate clothing, safety equipment, and any other form of City identification as defined by the department when making a callback response from standby assignment; g. Accept $35.00 per day for each day on standby assignment. h. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. 1. The Information Technology Department will implement standby duty upon ratification of this MOU and in accordance with the Information Technology Department Standby Policy dated February 23, 2018. Article 15 Working Out of Classification and Temporary Upgrade Pay Whenever the needs of the City require an employee to temporarily perform 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) calendar days, the employee shall be designated as being in an out-of-class assignment and shall receive additional temporary upgrade pay while in the out-of-class 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%) greater than his/her current base salary. Subsequent to designation in an out-of-class assignment, in the event that the situation changes and the City does not need the employee to serve in an out-of-class assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at least twenty-one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she shall receive not less than 2.5% temporary upgrade pay. 13 March 27, 2018 Item #2 Page 21 of 236 The temporary upgrade pay shall commence on the first (1st) calendar day of the temporary out- of-class assignment. The recommendation that an employee be placed in an out-of-class assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. The employee shall not serve for more than one hundred and eighty (180) calendar days in an out-of-class assignment unless approved by the City Manager or his/her designee. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their out of class assignment shall cease on the twenty-second (22nd) day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of the day the employee returns to work. A person appointed in an out-of-class assignment shall be eligible to receive merit increases in his/her regular position during the out-of-class assignment. The Human Resources Director shall obtain the employee's consent for the temporary performance of any of the duties of the higher classification beyond a period of twenty-one (21) calendar days, prior to the employee's assuming or continuing the duties and additional compensation, which consent shall clearly state that it is understood that a reduction in salary shall be effected to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. The Association may present to the Human Resources Director specific facts which support that an employee is performing the duties of a higher classification. The Human Resources Department will conduct a study and provide the Association with the findings of the classification study. Should the study determine the duties to be of a higher, lower or comparable existing classification, a proposed solution to the situation will be offered. The proposed solution may include, among other alternatives, that the work be managed in an alternative manner or that the position be reclassified to reflect the work being performed. The reclassification of a position will be approved in accordance with the personnel rules. Article 16 Injured on Duty Occupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work. Any general employee that sustains a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period ofup to forty-five (45) calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre- existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of forty-five (45) calendar days. The City reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including pre-designated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers' compensation matters and/or FMLA/CFRA matters. 14 March 27, 2018 Item #2 Page 22 of 236 An employee who is still temporarily disabled after the forty-five (45) calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the City shall supplement the State rate, up to the employee's full salary level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee's accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period. Wages alone will be the basis of computation for occupational sick leave. Article 17 Bilingual Pay The City will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $40.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is the sole discretion of the City. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test in the Spanish language as determined appropriate by the City. This Article shall not be subject to the grievance procedure. Article 18 Uniforms and Equipment A. The City shall continue to provide and maintain uniforms in the maintenance departments. B. Employees shall be responsible for proper care and maintenance of uniforms. C. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the City. D. The City shall continue to purchase safety boots or safety shoes for classifications as determined by the City. The City shall establish, subject to consultation with the affected employees, a voucher system to purchase safety footwear from City-approved vendors. Individual acquisitions made outside the voucher system must be pre-approved for reimbursement after review by the employee's supervisors. Acquisition of safety footwear shall be limited to a maximum of two (2) times per year not to exceed a cost of one hundred fifty dollars ($150) per acquisition. In special circumstances as determined and pre-approved by the employee's supervisor, safety footwear acquisition requiring an expenditure over one hundred fifty dollars ($150) may be made one (1) time per year, not to exceed a cost of two hundred dollars ($200). E. The City will reimburse any employee who is required to wear safety glasses and/or goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of prescription lenses for such glasses and/or goggles, subject to the following conditions: 15 March 27, 2018 Item #2 Page 23 of 236 1. The employee must present an appropriate receipt; 2. Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician; 3. The City will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses and/or goggles have been damaged; and 4. Glasses and/or goggles for which the City has provided reimbursement shall only be used while performing work for the City. F. Value of Uniforms reported to CalPERS The City shall report the biweekly amount of $1.92 as special compensation related to the monetary value of the required uniforms for employees in the following positions: 1. Building Maintenance Worker I/II 2. CMWD Construction & Maintenance Worker II 3. CMWD System Operator II 4. CMWD Water Conservation Specialist 5. Cross Connection Control Technician 6. Custodian /Custodian II 7. Environmental Specialist I/II 8. Equipment Service Worker 9. Equipment Technician I/II 10. Lead Equipment Technician 11. Maintenance Aide in the Parks Division 12. Maintenance Worker in Parks and Streets Departments 13. Meter Services Worker I/II/III 14. Park Maintenance Specialist 15. Park Maintenance Worker II/III 16. Sanitation Systems Operator I/II/III 17. Scada Technician 18. Senior Building Maintenance Worker 19. Senior Cross Connection Control Technician 20. Senior Environmental Specialist 21. Storm Drain Maintenance Worker 22. Street Maintenance Worker I/II/III 23. Tree Trimmer I/II 24. Tree Trimmer Leadworker 25. Utility Worker I/II/III 26. Warehouse Technician 27. Water Conservation Specialist 28. Water Systems Operator I/II/III Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. 16 March 27, 2018 Item #2 Page 24 of 236 Article 19 Tool Reimbursement This article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Lead Equipment Technician, Equipment Technicians and Equipment Service Workers. Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City facility or some other catastrophe or accident not due to the employee's negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee's possession at work, including those tools over and above the "essential tool list," must be on file with the Superintendent. The City has the right to request that a specialized tool(s) not be kept in the employee's inventory. The City will reimburse the employees in the above classifications up to five hundred fifty ($550) dollars in a fiscal year for the cost of tools, subject to the following conditions: 1) The employee must present an appropriate original receipt; 2) Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year. Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar maximum, will be incorporated into the employee's regular payroll check and treated as taxable mcome. It is the responsibility of the Management to direct the administration of the tool reimbursement and: A. Provide a list of "essential tools" which define the full inventory of tools required for employees to be eligible for tool reimbursement. B. Recommend revisions to the "essential tools" and to meet the requirements of current skilled trades technology. C. Informally agree with members of the shop when considering adding tools to the "essential tool list." Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as "essential tools." Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all "essential tools." 17 March 27, 2018 Item #2 Page 25 of 236 The appropriate supervisor during the month of August will: A. Review the personal tool inventory as meeting the requirements of "essential tools." B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the "essential tools" list on an item-by-item basis. In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees. Article 20 Vacation Every probationary and regular full time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15 minute increments. A. Basis of Accrual Accrual of vacation begins with the first working day following appointment and thereafter accrues on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service -13 minutes/day. • Beginning the sixth (6th) year of employment through the completion often (10) full calendar years of continuous service -20 minutes/day. • Beginning the eleventh (11th) year of employment through the completion of eleven (11) full calendar years of continuous service -21 minutes/day. • Beginning the twelfth (12th) year of employment through the completion of twelve (12) full calendar years of continuous service -22 minutes/day. • Beginning the thirteenth (13th) year of employment through the completion of thirteen (13) full calendar years of continuous service -24 minutes/day. • Beginning the fourteenth (14th) year of employment through the completion of fifteen (15) full calendar years of continuous service -25 minutes/day. • Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/ day for every full calendar year of continuous employment thereafter. 18 March 27, 2018 Item #2 Page 26 of 236 B. Vacation Accrual Maximum All employees shall be entitled to earn and accrue up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum. Department Heads shall encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Department Head and the City Manager. The Department Head and the City Manager may grant such request if it is in the best interest of the City. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. C. Vacation Conversion Once in each February, during a pay period to be determined by the City Manager or his/her designee, employees will be allowed to voluntarily convert up to eighty (80) hours of accrued vacation to cash, provided that they have used at least eighty (80) hours of vacation during the prior calendar year. D. Effects of Holiday on Vacation Leave In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave Refer to Article 25 .3 for the effect of a leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from City service. This clause shall not limit the City's right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide one week notice in advance of the day(s) he/she is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Vacation Payout An employee separating from the City service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued 19 March 27, 2018 Item #2 Page 27 of 236 vacation leave as of their last day on payroll. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. Article 21 Holidays A. Authorized Holidays The City shall observe eleven (11) scheduled paid holidays. The scheduled paid holidays that will be official City holidays shall be 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 Only those who are on employed status on their last scheduled work day before a holiday shall be entitled to the paid holiday except where otherwise required by law. Effective July 1, 2018, all CCEA employees will receive one floating holiday per fiscal year, each year on July 1st. Effective July 1, 2019, all CCEA employees will receive two floating holidays per fiscal year, each year on July 1st. The floating holiday may be used at the discretion of the employee with prior approval of the Department Head. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment. B. Procedure if Holiday Falls on Saturday or Sunday When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. The City shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official City holidays. C. When a Holiday Falls on a Regularly Scheduled Work Shift When a holiday falls on an employee's regularly scheduled work shift, the employee is entitled to be absent that day and receive holiday pay at straight time equal to the number of hours in his/her regular work shift. If the employee's supervisor requests that the employee work on that holiday, the employee may, with the supervisor's approval, choose one of the following two options. 20 March 27, 2018 Item #2 Page 28 of 236 Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on the holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. " D. When a Holiday Falls on an Employee's Regular Day Off When a holiday occurs on a day which is the employee's regular day off, the employee is entitled to be absent on their next regularly scheduled work shift immediately following the holiday (i.e., their next regularly scheduled work shift becomes their designated holiday). If the employee's supervisor requests that the employee work on their designated holiday (i.e., the next regularly scheduled work shift immediately following the City's published holiday), the employee may, with the supervisor's approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on their designated holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. E. Employees on Leave Refer to Article 20 and Article 22 for information regarding the impact of holidays on vacation and sick leave. Article 22 Sick Leave Sick leave can be used in 15 minute increments. 21 March 27, 2018 Item #2 Page 29 of 236 A. Accrual Every probationary and regular full time employee shall accrue sixteen (16) minutes sick leave with pay for each calendar day of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily ( calendar day ) basis. Such accruals shall be cumulative. An employee shall not receive payment for unused sick leave accumulated to his/her credit upon termination, whether voluntary or involuntary. Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability that is not job related. 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 3. A pre-scheduled doctor, dental, or optometry appointment has been approved by the employee's direct supervisor. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in Article 23, Bereavement. 5. All leave provisions will be administered consistent with state and federal laws. B. Proof of Illness In order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor prior to the time set for the beginning of his/her regular duties. The Department Head may request a certificate issued by a licensed physician or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is in excess of three (3) consecutive work days. The Department Head may also designate a licensed physician to conduct a physical examination, and such examination shall be conducted at City expense. Employees shall be required to account for all hours they are requesting as sick leave by completing an absence request. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Department Head the employee has abused such privileges. C. Effect of Leave of Absence Refer to Article 25 .3 for the effect of a leave of absence on sick leave accrual. 22 March 27, 2018 Item #2 Page 30 of 236 D. Blood Donations Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against accrued leave when such absence is approved in advance by the supervisor. E. Effect of Holidays on Sick Leave In the event one or more authorized municipal holidays fall within a sick leave, such holiday shall not be charged as sick leave, but shall be credited as a holiday. F. Sick Leave Conversion Any permanent employee who has accrued and maintains a minimum of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) days of accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum of three hundred and twenty (320) hours. Any permanent employee applying for retirement with the Public Employees' Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. Article 23 Bereavement Leave A. An employee shall be granted, upon written request, up to three work shifts of paid bereavement leave if required to be absent from duty due to the death of a member of the employee's immediate family. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The "immediate family" shall be defined in the personnel rules and regulations. B. The employee may be required to submit proof ofrelative's death before final approval of bereavement leave is granted. Article 24 Family and Medical Leave Acts The parties acknowledge the existence of the state and federal family and medical leave acts ("the Acts") and intend to apply and implement this Memorandum of Understanding so as to comply with the Acts. As to employees who are entitled to family and medical leave under the Acts, the City will apply "Article 25 Leave of Absence," as modified to comply with greater benefits and protections, if any, that are provided in the Acts. The parties agree to consult if compliance with the Acts may hereafter require modifying the provisions of this Memorandum of Understanding. 23 March 27, 2018 Item #2 Page 31 of 236 Article 25 Leave of Absence 1. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of his/her Department Head for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or his/her designee is required. An employee shall utilize all his/her vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 2. To take a course of study which will increase the employee's usefulness on return to his/her position in the City service. 3. For personal reasons acceptable to the City Manager and Department Head. B. Authorization Procedure Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the City for any benefit premiums paid by the City during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by his/her Department Head, and, if applicable, shall be promptly transmitted to the City Manager or his/her designee for approval. A copy of any approved request for leave of absence without pay with a duration equal to or greater than two calendar weeks shall be delivered promptly to the Directors of Finance and Human Resources. C. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed six months, unless otherwise approved by the City Manager. The procedure for granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than fourteen (14) calendar days prior to the expiration of the original leave. 24 March 27, 2018 Item #2 Page 32 of 236 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 his/her Department Head at least fourteen (14) calendar days prior to the day he/she plans to return. The Department Head shall promptly notify the Human Resources Department 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 and Privileges An employee on leave without pay may continue his/her City insurance benefits by reimbursing the City for the employee's costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the City for such benefits during the term of a leave of absence will result in the employee's coverage terminating on the first day following the month in which the last payment was received. Upon the employee's return to paid status, any sums due to the City shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the City and the employee ( e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees ( e.g., holiday pay), unless required by law. 2. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave, vacation, compensatory time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except compensatory time off, prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the City reasonable notice of the date the leave shall commence and the estimated duration of the leave. 3. Extended Leave of Absence Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) an employee will not be eligible for the benefits listed below: 25 March 27, 2018 Item #2 Page 33 of 236 • accrual of sick leave and vacation and • 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 ( calculation of continuous service with the City) will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days. 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. Article 26 Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to his/her Department Head, as far in advance as possible, that he/she must report to military duty. Article 27 Jury Duty When called to jury duty, an employee, having provided at least seven (7) calendar days written notice, shall be entitled to his/her regular compensation. Employees shall be entitled to keep mileage reimbursement paid while on jury duty. A Department Head may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release. Article 28 Rest Periods All CCEA represented employees shall receive, at the direction of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. Rest time is not cumulative beyond the half scheduled work day within which the break period occurs. Article 29 Late Starts An employee who is tardy to work shall be formally counseled by his/her supervisor. Tardiness may cause the employee's pay to be docked. Such docking shall be done by rounding to the 26 March 27, 2018 Item #2 Page 34 of 236 nearest quarter hour. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. Article 30 Flexible Classifications An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following twelve (12) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City- established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee's salary will bet set equal to the pay range minimum. Entry Level Position Account Clerk I Technician I Engineering Technician I Library Assistant I Maintenance Worker I Maintenance Worker I Meter Services Worker I Office Specialist I Planning Technician I Police Records Specialist I Tree Trimmer I Journey Level Position Account Clerk II Building Technician II Engineering Technician II Library Assistant II Park Maintenance Worker II Street Maintenance Worker II Meter Services Worker II Office Specialist II Planning Technician II Police Records Specialist II Tree Trimmer II An employee hired into one of the entry level positions listed below shall be reclassified to the journey level position following twenty-four (24) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City-established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee's salary will bet set equal to the pay range mm1mum. Entry Level Position Building Inspector I Code Compliance Specialist I Inspector I Equipment Technician I Sanitation Systems Operator I Utility Worker I Water Systems Operator I Waste Water Utility Worker I Journey Level Position Building Inspector II Code Compliance Specialist II Inspector II Equipment Technician II Sanitation Systems Operator II Utility Worker II Water Systems Operator II Waste Water Utility Worker II 27 March 27, 2018 Item #2 Page 35 of 236 Article 31 Flexible Start Hours CCEA represented employees, with advance Department Head approval, may alter their starting time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke the flexible start time at any time and return the employee to regular working hours for that particular department. An employee shall receive fourteen (14) calendar days' notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure. Article 32 Alternative Work Schedules and Shift Changes Employees hired on or after December 23, 1991 shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. The hours of work of the office or facility shall be established by the appointing authority and may be changed to meet operational or other requirements upon at least forty-five ( 45) calendar days notice to the affected employees unless there is a mutually agreed upon shorter notice period. The City shall notify the Association and any affected employees of any proposed schedule change at least forty-five ( 45) calendar days prior to its implementation to allow the parties to meet and discuss on the impact of said schedule change, if requested by the Association. If the Association desires to meet and discuss impacts, the Association shall give written notice to the City's Human Resources Department within seven (7) calendar days of receipt of the notice of the proposed schedule change. The Association agrees that these discussions are not meet and confer, nor subject to all the requirements of meet and confer (for example, the City need not negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule change). The impacted employee shall have the opportunity to propose an alternate work schedule. The City shall have complete discretion in determining whether or not to allow an alternate work schedule and the City's decision and the impact of its decision shall be excluded from the grievance procedure. 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad's Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure. Article 33 Flexible Job Sharing Two or more employees may, with the express written approval of the City Manager, the Human Resources Director, and the affected Department Head, participate in a flexible job sharing program. The specifics of such a program shall be determined by the employees and the City on 28 March 27, 2018 Item #2 Page 36 of 236 a case by case basis. Prior to implementation of any such program( s ), a written agreement setting forth the specifics of the program shall be signed by the affected employees and the City. This article shall not be subject to the grievance procedure. Article 34 Health Insurance/Flexible Benefits Program Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, and flexible spending accounts (FSAs). Each of these components is outlined below. A. Medical Insurance A 1. Employees represented by CCEA will be covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The City will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees' Retirement System (CalPERS). If electing to emoll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. Effective the pay period that includes January 1, 2018, the City will contribute the following monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contribution of some or all of the premium for dental coverage or vision coverage and 3) contributions in the name of the employee to the City's flexible spending account(s): (a) For employees with "Employee" coverage, the City shall contribute five hundred seventy-three ($573) 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" coverage, the City shall contribute one thousand one hundred forty-six ($1,146) per month that shall include the mandatory payments io 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 five hundred two ($1,502) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City's total contributions, the employee will pay the difference. A2. Effective the pay period that includes January 1, 2019 and January 1, 2020, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. 29 March 27, 2018 Item #2 Page 37 of 236 A3. Effective the pay period that includes December 31, 2020, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2021. A4. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any "excess credits" to purchase dental, vision, or accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA), instead of receiving taxable cash. AS. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits. B. Dental Insurance Represented employees will be eligible to emoll in or waive emollment in a City- sponsored dental plan at any coverage level. C. Vision Insurance Represented employees will be eligible to emoll in or waive emollment in a City- sponsored vision insurance plan at any coverage level. D. Retirees Each retired employee who was a member of this bargaining unit is eligible to be covered by the Public Employees' Medical and Hospital Care Act and is eligible to participate in the California Public Employees' Retirement System (CalPERS) Health Program. Represented employees who retire from the City, either service or disability, shall be eligible to continue their emollment in the CalPERS Health Program when they retire, provided that the individual is emolled or eligible to emoll 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 emollment in the CalPERS Health Program. 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 program. The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. 30 March 27, 2018 Item #2 Page 38 of 236 E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City's medical insurance program, provided they can show that they are covered under another group insurance program. Effective the pay period that includes January 1, 2018, employees who elect the waiver provision will be given a reduced City contribution amount (Benefits Credits) of two hundred eighty-six dollars and fifty cents ($286.50) per month to be used toward the purchase of dental, vision, or accidental death and dismemberment (AD&D) insurance, as a contribution to a flexible spending account or as cash (reported as taxable income). The City contribution amount of two hundred eighty-six dollars and fifty cents ($286.50) 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, Employee Plus One, Family). The dollar amount paid by the City for employees who elect the waiver provision will change in the first pay period of calendar year 2019, 2020 and in the pay period that includes December 31, 2020. The Benefits Credits associated with waiving medical coverage will be set equal to 50% of the Benefits Credits associated with Employee medical coverage. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. Article 35 State Disability Insurance/Family Medical Leave Benefits A. Employees represented by CCEA will be enrolled in the State Disability Insurance Program. (The City agrees to pay the premium.) B. On January 1, 2004, the State Disability Insurance Program will provide for paid leave benefits for employees who qualify for family medical leaves of absence. The employee may elect to use accumulated vacation, sick leave or compensatory time off during the seven day elimination period. C. Employees represented by CCEA shall be entitled to combine accumulated sick leave, vacation leave or comp time with State Disability payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Under no circumstances shall the combination of accumulated leave and State Disability Insurance payments exceed the employee's pre-disability salary. Article 36 Long Term Disability (LTD) During the term of this memorandum, City agrees to continue to provide long term disability msurance. Said insurance shall provide for a ninety (90) calendar day waiting period prior to 31 March 27, 2018 Item #2 Page 39 of 236 payment eligibility. Employees represented by CCEA shall be entitled to combine accumulated vacation leave or comp time with LTD payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Accumulated sick leave may not be combined with LTD payments. Under no circumstances shall the combination of accumulated leave and LTD payments exceed the employee's pre-disability salary. Article 37 Retirement A. The City has contracted with CalPERS for the following retirement benefits: Miscellaneous "Classic" Members (those that do not qualify as "New Members" as defined below) • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 -The retirement formula shall be 3%@ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 -The retirement formula shall be 2%@ 60; three year average final compensation. "New Members" Employees who are "New Members" as defined by the 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 include but are not limited to the following retirement benefits. • Retirement formula shall be 2% @ 62; three year average final compensation. B. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • Miscellaneous employees subject to the 3%@ 60 benefit formula shall pay all of the employee retirement contribution (8%). • Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). • Miscellaneous employees who meet the definition of "New Member" under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. C. The City will continue to contract with CalPERS for the third level of 1959 Survivors' Benefit. 32 March 27, 2018 Item #2 Page 40 of 236 D. The City shall continue to contract with CalPERS for the military service credit option. The cost of this option is borne entirely by the employee. Payments by the employee to CalPERS are to be arranged by the employee directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may arrange with the City for such payments to be made by means of payroll deduction Article 38 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. 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 a deferred compensation loan. Article 39 Dispute Resolution Procedure The purpose of this procedure is to provide a single, uniform process for CCEA represented employees to resolve disputes concerning grievances and discipline in an efficient manner and without subsequent discrimination or reprisals. Any time limit provided under this Article may be extended by mutual consent of the parties. 1. Applicability of This Article Grievances and group grievances, as defined in Part 2 of this Article, may be appealed under Parts 2 and 4 of this Article. The following types of discipline may be appealed under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in pay of more than one work shift, demotion and termination. Any regular CCEA represented employee may appeal a letter of reprimand, suspension of one work shift or less or reduction of pay of one work shift or less to his or her Department Head for a final decision. 2. Grievances A. Individual Grievances A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City's exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: 33 March 27, 2018 Item #2 Page 41 of 236 (1) Appeals from formal disciplinary proceeding. (2) Appeals from work performance evaluations. B. Group Grievances Within thirty (30) calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condition giving rise to a grievance, a group of employees may file a group grievance with the Human Resources Department. CCEA, as an "organization," may also file a group grievance on behalf of employees if CCEA 1) identifies the employees who are adversely impacted by name and by classification, and 2) specifically identifies how these employees are being adversely affected. (1) The group of employees must file one (1) grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occurrences that brought about the grievance. C. Informal Resolution Within twenty (20) calendar days after an employee knew or reasonably should have known that he or she has suffered a grievable injury, the employee shall attempt to resolve the grievance by an informal conference with his or her immediate supervisor. Within twenty (20) calendar days after an employee organization knew or reasonably should have known that its members have suffered a grievable injury, it shall attempt to resolve the matter by an informal conference with an appropriate immediate supervisor. The Supervisor shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The immediate supervisor shall give his or her response to the employee or employee organization within twenty (20) calendar days of the informal conference. D. Department Head Review If a grievance is not informally resolved, within twenty (20) calendar days after receiving the immediate supervisor's response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the Department Head. The Department Head shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The Department Head, or his/her designee, shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. 34 March 27, 2018 Item #2 Page 42 of 236 E. City Manager Designee's Review If a grievance is not resolved by the Department Head, within twenty (20) calendar days after receiving the Department Head's response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the City Manager's Designee. The City Manager's designee shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The City Manager's Designee shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. F. Permissible Relief A grievance may only seek to remedy the specific injury caused by a violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City's exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: (1) If it would require the modification of a policy established by the City Council or by law; (2) If it is reviewable under some other administrative procedure and/or rules of the City such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If it calls exclusively for relief that cannot be granted such as discipline of other employees or confidential information about other employees. G. Service of Notice A notice that a grievance has been resolved or a notice that a grievance raises a matter that may not be addressed utilizing this procedure shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. H. Resolved Disputes A grievance is considered resolved under any of the following circumstances: (1) When the City and employee agree to a resolution; (2) When the employee fails to advance the matter to the next step of the administrative procedure in the time specified herein for doing so; 35 March 27, 2018 Item #2 Page 43 of 236 (3) When the City has provided the relief sought by the employee that it is legally capable of providing. A grievance that has been resolved does not progress any further through the dispute resolution process. 3. Discipline A. Grounds For Discipline The City has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, disclosure of non-public, internal and/or confidential, information or dishonesty. (3) Being under the influence of alcohol or intoxicating drugs while on duty. (4) Absence without leave. (5) Criminal conviction having some relevance to the job. (6) Intentionally being discourteous to the public. (7) Unauthorized use of or neglect of City property. (8) Abuse of sick leave. (9) Unauthorized outside employment that constitutes a conflict of interest (10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (11) Falsification of any City report or record. (12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political activities precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigation conducted by the City or its agents. (15) Other acts that are incompatible with service to the public. B. Pre-Disciplinary Procedure If a supervisor determines that an employee might be a threat to him or herself, other employees or members of the public, the supervisor may immediately take whatever action is necessary to reduce or eliminate the danger, but the employee shall retain the right to notice and an opportunity to respond to discipline under this Article. Except for any oral or written counseling, warning or reprimand, the Department Head or his/her designee shall advise the employee and the Human Resources Director of contemplated disciplinary action in a written Notice oflntended Discipline including a description of the misconduct, the grounds for discipline, and the employee's right to 36 March 27, 2018 Item #2 Page 44 of 236 respond within seven (7) calendar days after the date of the Notice of Intended Discipline and prior to the discipline being imposed. If the employee elects to respond, he or she may have a representative and meet informally with the City Manager's designee, without the right to bring witnesses or present a formal case. Within seven (7) calendar days of the employee's response or failure to respond in a timely manner, the City Manager's designee shall advise the employee in writing whether the proposed discipline, modified discipline or no discipline is being imposed. Any discipline will be announced in a written Notice of Discipline including a description of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrative procedure under Part 4 of this Article. C. Service of Notice A Notice of Intended Discipline or a Notice of Discipline shall be served upon the employee via e-mail (work and personal, if known). Ifreceipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 4. Administrative Procedure An employee may have both a legal representative of his or her choosing and a CCEA representative of his or her choosing at any step of this administrative procedure. This representative may at the employee's option be provided by an employee organization. If the representative is a City employee, the employee seeking the representative shall notify the representative's immediate supervisor and the City's Human Resources Department in writing and the supervisor shall make the necessary arrangements for the representative to be present at any hearing. A. Step One -Filing an Appeal If a grievance is not formally resolved or an employee seeks to appeal a suspension of more than one work shift, reduction in pay of more than one work shift, demotion or termination, within ten (10) calendar days ofreceiving the City Manager designee's response to the grievance or the Notice of Discipline, the employee or employee organization may file with the Human Resources Director an application for an advisory hearing. B. Step Two -Administrative Hearing (1) Hearing Procedure If the matter is subject to an advisory hearing, the City shall arrange if practicable for the matter to be heard by a hearing officer within one hundred twenty (120) calendar days of the date of the filing of the appeal with the Human Resources Director. The hearing shall be scheduled for a time that is mutually convenient to the parties and the hearing officer. 37 March 27, 2018 Item #2 Page 45 of 236 The advisory hearing shall be closed unless the employee or the employee organization request that it be open to the public. In the case of an appeal of a grievance, the parties shall equally bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary action, the City shall bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. The advisory hearing shall be limited to arguments, witness testimony and exhibits offered by the parties. The hearing shall proceed according to an Administrative Order regarding Rules of Procedure for Personnel Meetings and Hearings. Such an Administrative Order will replace Personnel Board Resolution 19 to reflect that the Personnel Board is being replaced by a hearing officer in matters of grievance and discipline. (2) Hearing Officer The employee or employee organization and the City may agree that the advisory hearing will be conducted before a hearing officer mutually selected by the parties from a list of hearing officers provided by a neutral third party. The selection of a hearing officer will include a review of his/her background and qualifications which will include experience as a labor attorney and/or mediator and/or arbitrator affiliated with American Arbitration Association, State of California Mediation and Conciliation Service or Judicial Arbitration Mediation Services (JAMS). (3) Permissible Relief In the case of a grievance appeal, the hearing officer may only recommend that the relief initially sought by the employee or employee organization be granted or that the position of the City should be upheld. In the case of disciplinary appeals, the hearing officer may recommend either that the discipline imposed by the City be upheld, that a lesser discipline be imposed, or that no discipline be imposed. The advisory findings and recommendation of the hearing officer shall be provided to the employee or employee organization. C. Step Three-Final Determination The advisory findings and recommendation, hearing transcript and exhibits concerning a grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to the City Manager for a final determination. The City Manager, or his/her designee, may allow, at his or her discretion, limited oral arguments and/or written statements from either side. Within thirty (30) calendar days of receiving all applicable documents or 38 March 27, 2018 Item #2 Page 46 of 236 hearing the oral arguments of the parties, whichever is later, the City Manager or his/her designee shall make a final and conclusive written decision. (1) For grievances, the City Manager, or his/her designee, shall either reject the grievance or uphold the grievance and provide a remedy selected by the City Manager, or his/her designee. (2) For disciplinary appeals, the City Manager, or his/her designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline. D. Post-Hearing Procedure The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the final determination of the City Manager. Article 40 Alcohol and Drug Policy I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on 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 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. 39 March 27, 2018 Item #2 Page 47 of 236 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 they have been informed by a medical provider may interfere with safe or effective performance of their duties or operation of City equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee's employment with the City, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the City reserves the right to search, with or without prior notice to the employee, all work areas and property in which the City maintains full or joint control with the employee, including but not limited to City vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint City control since such work areas may be subject to investigation and/or search under this policy. 40 March 27, 2018 Item #2 Page 48 of 236 Employer searches shall occur when there is a determination of "reasonable suspicion" as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the City from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either illegal drugs or alcohol will be rejected for City employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the City has reasonable suspicion that an employee is under the influence of 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. 41 March 27, 2018 Item #2 Page 49 of 236 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. III. EMPLOYEE ASSISTANCE PROGRAM A. The City has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the City wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. 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. 42 March 27, 2018 Item #2 Page 50 of 236 C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any City policy. Article 41 Access to Information The City will make available to CCEA such non-confidential information pertaining to employment relations as is contained in the public records of the City, subject to the limitations and conditions set forth in this article and Government Code Section 6250-6260. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this article shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Nothing in this article shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigation to which the City is a party, or to claims or appeals which have not been settled. Article 42 Communications The parties agree to continue meeting at least once each month during the term of the agreement for the purpose of continuing communications on subjects of mutual concern. Article 43 Legal Representation Upon request of an employee and subject to any limitations provided by law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the City in a court of competent jurisdiction, on account of any act or omission occurring within the course and scope of his/her employment as an employee of the City. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the City pursuant to the provisions of the 43 March 27, 2018 Item #2 Page 51 of 236 California Government Code, or where the act or omission was not within the scope of the employee's employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code. Article 44 Layoff Layoff: The City may layoff an employee in the merit service because of material change in duties or organization or shortage of work and funds. The City will use its best efforts to give the employees as much notice as possible with a minimum of fourteen (14) calendar days prior to the effective date of a layoff. The appointing authority or designee shall notify the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City work force. (a) City Service Seniority: City Service Seniority shall be determined as the period of total continuous service with the City as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their City Service Seniority in the affected classification series; (3) City probationary employees in reverse order of their City Service Seniority in the affected classification series; ( 4) and regular employees in reverse order of their City Service Seniority in the affected classification. ( c) Reduction in Force -Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the City shall demote the employee in that classification with the highest City Service Seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be currently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. ( d) Notification: Whenever there is a reduction in the work force requiring layoff, the City shall send written notice to the last known address of each employee affected by a layoff with copy to CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may demote within the City, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. 44 March 27, 2018 Item #2 Page 52 of 236 ( e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical City Service Seniority, the order oflayoff and demotion will be determined by the Human Resources Director who will use randomizing software to determine seniority. (f) Transfer: All effort will be made by the City to transfer any employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. (g) Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required due to a reduction in force, employees shall be demoted in the following manner: (1) Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser City Service Seniority in that lower classification. (2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a City probationary employee in such lower class, but may not bump regular City employees already in that lower classification. (h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their City Service Seniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. (i) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent City status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their City Service Seniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. G) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff. Eligible individuals not responding to written notification of an opening after fourteen (14) calendar days shall have their names removed from either the reemployment or reinstatement list. (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: (1) Prior sick leave accruals. (2) City Service Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. 45 March 27, 2018 Item #2 Page 53 of 236 (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff. If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which he/she was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the current effective salary plan at the time of reemployment, whichever is lower. (1) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees' Retirement Law as contained in the Government Code. (n) Severance: CCEA represented employees involuntarily separated from the City service due to layoff shall receive the equivalent of three (3) months' base salary, computed at the employee's actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment F and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively. Article 45 Carlsbad Municipal Water District 1. Effective February 17, 1992, employees of the Carlsbad Municipal Water District ("CMWD") shall become employees of the City of Carlsbad ("City"). Each CMWD employee shall retain his/her CMWD classification, salary range, salary anniversary date, and seniority date upon becoming a City employee. Each employee's job title and salary range shall be subject to future modification upon completion of a City classification and compensation study. In no instance shall an employee's salary be reduced as a result of the City classification and compensation study. 2. Effective February 17, 1992, each CMWD employee shall be subject to the City's personnel system as established by the municipal code, the personnel rules and regulations, administrative orders, the applicable memorandum of understanding, and other applicable ordinances, resolutions, and rules and regulations dealing with personnel and employer-employee relations. 3. Effective February 17, 1992, each CMWD employee shall be subject to the work rules and operations rules of the City. 4. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits granted to CMWD employees as outlined in Attachment B (attached). 5. Unless specifically set forth in paragraph 4 above, all other fringe benefits shall be the same as those for City employees in the appropriate bargaining units as of February 17, 1992. 46 March 27, 2018 Item #2 Page 54 of 236 6. Employees hired on or after February 17, 1992, into the water operation shall not be eligible for those benefits set forth in paragraph 4 above. 7. Employees who terminate service with the City (by reason other than lay off) shall not be eligible for the benefits set forth in paragraph 4 above upon reinstatement to the City. 8. Employees in classifications covered by this provision are listed in Attachment A. 9. No current City employees will be laid off as a result of assimilation of CMWD employees. 10. Former CMWD employees will be in the bargaining unit represented by CCEA. Article 46 Full Understanding, Modification, & Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Article 47 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. Article 48 Retention of Benefits The employees of the City of Carlsbad shall retain all present benefits as set forth in this Memorandum for the term of this agreement, except as amended by this Memorandum, or unless modified after exhausting the meet and confer process. 47 March 27, 2018 Item #2 Page 55 of 236 Article 49 Non-discrimination Clause No person shall in any way be favored or discriminated against, by either the City or the Association, to the extent prohibited by law because of actual or perceived political opinion or affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin, veteran status, medical condition or physical or mental disability. In addition, no person shall be favored or discriminated against because of his/her association with someone who has or is perceived to have any characteristics of being in one of these classes of people. This affects decisions including, but not limited to, an employee's compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment. The City is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness. Article 50 Americans With Disabilities Act The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this Memorandum of Understanding so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this Memorandum of Understanding. Article 51 Life Insurance and Voluntary Benefits All CCEA-represented employees shall receive City paid life insurance in an amount equal to one times their basic yearly earnings. To determine the benefit, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. The City provides various voluntary benefits available at the employee's cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440. Article 52 Special Housing Facilities The City maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The employee assigned the duty ofMaerkle Facilities Steward is tasked with maintaining a safe, legally compliant facility and ensuring the security of City facilities. A detailed description of the conditions that apply to this assignment are outlined in Attachment E. 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the City. 2. Priority of Assignments 48 March 27, 2018 Item #2 Page 56 of 236 In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City's Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response -Notification-Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems 49 March 27, 2018 Item #2 Page 57 of 236 C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations Supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month ( except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward's responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City and communicated to the Steward in writing with sixty ( 60) calendar days advance notice of any changes. The City shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. 5. Term The City maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City's discretion and the City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days' notice to the Steward. There shall be an annual review of the Steward's performance with the Water Operations Supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. Article 53 Contracting Out Work 1. The City has the right to contract out any or all of the services currently being performed by CCEA represented classifications or that could be performed by CCEA represented classifications to any one or more public or private entities or individuals. 50 March 27, 2018 Item #2 Page 58 of 236 2. Prior to contracting out the services referenced in item number 1 above, the City shall first satisfy its obligation to meet and confer with CCEA regarding both the decision and effects of contracting out those services 3. CREATION OF A REQUEST FOR PROPOSAL ("RFP") a. CCEA may appoint up to two (2) of its members to attend a meeting with City staff responsible for the creation of an RFP for the purpose of providing input to the City regarding the creation of the RFP for contracting out the services referenced in item number 1 above. This first meeting shall occur prior to the RFP being prepared by City staff. b. After the draft RFP is completed by City staff, a copy of the RFP shall be forwarded to the CCEA appointees by email and a subsequent meeting shall be scheduled, which shall take place within seven (7) calendar days from the date the RFP is received by the CCEA appointees. The purpose of the meeting is for CCEA appointees to meet with the City staff responsible for preparing the RFP in order to discuss the RFP and ask questions as necessary. Additional meetings may be scheduled if mutually agreeable. Following conclusion of the meeting(s), CCEA's appointees may provide written feedback/suggestions regarding the RFP for the consideration of City staff prior to it being finalized and sent to any potential contractors. CCEA's feedback/suggestions shall be forwarded to City staff responsible for the creation of the RFP by email within seven (7) calendar days from the date of conclusion of these meetings. c. Prior to distribution of the RFP to potential contractors, the City shall provide the CCEA appointees with the final version of the RFP. d. Neither CCEA nor its appointees shall have veto power over any City decision related to the contents of an RFP or the RFP process. e. Neither CCEA nor its appointees may use the appointees' involvement in the RFP process to delay the RFP process f. CCEA's appointees shall sign confidentiality agreements, as agreed to by the City and CCEA, prior to receiving any information related to an RFP 4. MEET AND CONFER PROCESS a. The City may send RFPs created following the procedure outlined in item number 3 above to potential contractors prior to engaging in the meet and confer process with CCEA. b. After the City receives responses to the RFP, the City Council or designee shall determine whether to pursue contracting out of those services that are the subject of the RFP. c. In the event that the City Council or designee decides to pursue contracting out of any or all of the services that are the subject of the RFP, the City's 51 March 27, 2018 Item #2 Page 59 of 236 negotiating team will make a proposal in writing to CCEA to contract out those services and will provide a copy of the leading proposal to CCEA along with its proposal. d. After reviewing the City's proposal, CCEA may request in writing to meet and confer over the decision to contract out services and/or the effects of that decision no later than fourteen (14) calendar days from the date of CCEA' s receipt of the City's proposal. The first meeting of the meet and confer process shall be scheduled within fourteen (14) calendar days of CCEA's written request. If CCEA requests to meet and confer over both the decision and effects, decision and effects negotiations shall take place simultaneously. It is understood by the parties that the meet and confer process is not required to be completed in one single meeting. e. The negotiations over the decision and/or effects shall be subject to combined impasse procedures. 5. CITY COUNCIL DECISION a. After the meet and confer process has concluded by either reaching agreement or exhausting impasse procedures, the City Council will make its final decision on whether to contract out those services subject to the RFP. Article 54 PAY RANGES Each City of Carlsbad job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification. Any non-probationary employee may be advanced in the pay range regardless of the length of time served at the employee's present pay rate. This advancement requires the written recommendation of the employee's manager and the approval of the employee's department head and City Manager. If, as a result of a pay range adjustment, an employee's base salary falls below the minimum of the pay range, the employee's salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment. Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges. CCEA and the City agree that the City will negotiate salary range movements. Effective January 1, 2019 all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). 52 March 27, 2018 Item #2 Page 60 of 236 Effective January 1, 2020 all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). Article 55 SURVEY MARKET In keeping with the City Council's philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for CCEA. 1. City of Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Cajon 5. City of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. City of Oceanside 11. City of Poway 12. City of San Marcos 13. City of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. County of San Diego The seven (7) agencies listed below will also be considered in the survey market for the job classifications of: • Cross Connection Control Technician, • Senior Cross Connection Control Technician, • Sanitation Systems Operator I/II/III, • SCADA Technician, • Utility Worker I/II/III, • Waste Water Utility Worker I/II/III and • Water Systems Operator I/II/III. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Irrigation District 53 March 27, 2018 Item #2 Page 61 of 236 Article 56 REOPENER At any time during the term of the MOU, after CalPERS announces their actual rate ofretum for the prior fiscal year, if the CalPERS "discount rate" (i.e., actual rate ofretum) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of CalPERS retirement. 54 March 27, 2018 Item #2 Page 62 of 236 IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute the Memorandum of Understanding the day, month, and year noted below. Date Approved as to form: ~~ CELIA BREWER, City Attorney Carlsbad City Employees' Association 55 March 27, 2018 Item #2 Page 63 of 236 ATTACHMENT B BENEFITS RETAINED BY CMWD EMPLOYEES A. Health Insurance The City will provide employees and dependents with a choice of ACW A-Blue Cross Prudent Buyer, ACWA-California Care, or ACW A-Kaiser health insurance. The City will provide any of the ACWA policies at no cost to the employee. During the month of July 1992, the City shall hold an open emollment for the City's health, dental, and vision insurance programs. If an employee elects to emoll in the City's health, dental and/or vision insurance program(s), he/she is not eligible to return to the current plan(s) as set forth above and below, and thereafter may only participate in City sponsored plan(s). B. Health Insurance for Retirees The City will pay, after retirement of an employee, premiums for existing medical coverage provided the employee has met the following requirements: 1. Voluntarily retired after the age of 50 with no less than five years of service, and whose age combined with years of service equals 70 or more; or 2. Retired by having reached the mandatory retirement age established under the State of California Public Employees' Retirement System with no less than five years of service. Medical coverage for the Retiree will be coordinated with Medicare and other benefits provided by federal and state law, and will thereby be reduced when the Retiree qualifies for those benefits. Medical coverage for the spouse and dependents of a Retiree will be coordinated with Medicare and other benefits provided by federal and state law, and will thereby be reduced when the spouse qualifies for those benefits. Upon death of the Retiree, health insurance coverage for the spouse and dependents will be continued, provided the spouse keeps the City informed of his/her name, address and marital status. In the event such spouse remarries, his or her eligibility for such coverage ceases immediately and shall be terminated. As used herein, "spouse" shall mean the spouse of the employee at the time of the employee's retirement. If the Retiree divorces, neither his/her new spouse nor his/her former spouse will be eligible for coverage and it shall cease immediately and be terminated. The former spouse would only be eligible for continued health care coverage at his or her expense as required under federal law. March 27, 2018 Item #2 Page 64 of 236 C. Dental Insurance The City shall provide employees and dependents with a dental plan (Delta Care, Group No. 2692 or Delta Dental, Group No. 399-0139), including orthodontia coverage for dependent children only, at no cost to the employee. D. Eye Care Plan The City will provide employees and dependents with an eye care plan (VSP, Plan C, Group No. 228049 A-R). The plan will provide a reasonable amount of coverage at no cost to the employee. E. Life Insurance The City will provide the employee a group term life insurance policy (American Bankers Life Assurance Company of Florida, Plan No. 0670), which will provide protection of 1 x annual pay, up to a maximum of $50,000 at no cost to the employee. The City also provides Term Life Insurance and AD&D of $9,000. F. Deferred Compensation The City has established a Deferred Compensation Plan which employees may voluntarily participate in. The City shall match employee contributions up to a maximum of 7.5% of an employee's bi-weekly earnings. G. Overtime Overtime shall be defined as work performed before or after the regularly scheduled work day or work week. Work in addition to the regularly scheduled work day shall be paid at the rate of time and one-half of an employee's pay. In addition, all hours worked on Sundays and holidays shall be paid at double time. H. Standby Two employees shall be on standby at all times. Each such employee shall remain on standby for a one week period and shall receive $30 per day for each day on standby assignment. The employee shall be compensated in the normal manner for any work performed. Standby shall not be regarded as call back work. I. Vacation Vacation accrual can be used in 15 minute increments. Accruals will be calculated daily. 1. Earnings Rates After completion of 20 years of continuous service, an employee will be granted vacation at the rate of 33 minutes per day. 2 March 27, 2018 Item #2 Page 65 of 236 2. Carryover of Unused Vacation Hours Vacation time accumulation as of January 1 each year may be permitted as follows: Employees with 20 or more years of service -400 hours Effective January 1 of each year, vacation time in excess of the above-mentioned hours will be eliminated. J. Sick Leave Buyback 1. An employee has the option of selling back to the City 100% of any accumulated sick leave in excess of 250 hours. 2. The City, at its discretion, may purchase any accumulated sick leave from an employee. K. Sick Leave at Termination 1. Retirement Upon retirement in accordance with either the voluntary service or compulsory service retirement provisions of CalPERS, an employee will receive 50% of all accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. 2. Death Upon an employee's death, while still employed, all compensation due an employee will be paid to his/her designated beneficiary. Compensation for all accumulated vacation time, 50% of all sick leave up to 250 hours, and 100% of sick leave in excess of 250 hours shall also be made. 3. Discharge The Department Head shall notify any such employees of discharge in writing. All such discharged employees shall be entitled to any normal compensation due, and shall receive all accumulated vacation time due. If employed at least one year, an employee will receive 50% of all accumulated sick leave up to 250 hours and 100% of any sick leave in excess of 250 hours. 4. Lay Off Layoffs may be required due to lack of work, a decrease in or loss of funds, or changing position requirements. Should layoffs be required, they will be implemented by considering an employee's proficiency, productivity, length of 3 March 27, 2018 Item #2 Page 66 of 236 employment, attendance, and reliability. Such employees shall receive two weeks written notice of layoff. When layoff is anticipated to exceed 14 days duration, the following shall apply: An employee will be paid all accumulated vacation pay due. If employed at least one year, an employee will receive 50% of all accumulated sick leave in excess of 250 hours to be reimbursable at 100%. 5. Resignation Employment may be terminated at will by an employee. If an employee wishes to resign, the City desires a two (2) week notice in writing. All accumulated vacation pay and sick leave compensation will be paid upon resignation. If employed at least one year, an employee will receive 50% of all accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. L. Long-Term Disability Long-term disability benefits shall be provided at 66-2/3% of pay, with a minimum monthly benefit of $50 and maximum benefit of $2,500. M. Special Merit for Education The City will continue a special merit award system to mutually benefit employees and the City by stimulating and rewarding employees for educational accomplishments. This program recognizes accomplishments in terms of operator certification according to the following: Grade Amount One $ 150 Two $ 300 Three $ 500 Four $1,000 The decision to grant this lump-sum award shall be made by an employee's supervisor, with approval by the Department Head. This is a one-time award granted after obtaining the above certificate(s). N. Non-Eligibility An employee shall not be eligible for the following benefits provided by the City: 1. Compensatory time off accrual as set forth in Article 15, Section 4 of the MOU with CCEA. An employee shall be eligible to accrue no more than 40 hours of such compensatory time. 2. State disability insurance as provided by the State of California, Article 35 of the MOU with CCEA. 4 March 27, 2018 Item #2 Page 67 of 236 ATTACHMENT C COMPENSATION AND BENEFITS SUMMARY -CCEA REPRESENTED EMPLOYEES WORKING A REDUCED FTE SCHEDULE For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing 0.5 FTE) pro-rated benefits are calculated based on 75% and 50% of the full benefits and will be applied respectively. The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the remaining incumbent must convert to full-time until another job-share partner is found. COMPENSATION: Employees on a reduced FTE schedule will be compensated at an hourly rate based on the current salary schedule. Salary will be calculated based on the number of actual hours worked and salary earned. Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA). The regular work week should not exceed 30 hours per week for 75% time positions or 20 hours per week for 50% time positions. If there are occasional extra hours worked, the time should be reported appropriately to payroll as extra hours. Extra hours should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule. Bilingual Pay Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an amount that is prorated by the appropriate reduced FTE percentage. BENEFITS: Health Insurance Deductions Employees working a reduced FTE schedule are eligible to participate in the same health insurance programs as full-time employees. Employees working a reduced FTE schedule may select one of the City's medical plans and will be enrolled as an employee with full benefit coverage. Because reduced FTE employees work fewer hours per pay period, they will be eligible for a prorated percentage of the benefits credits for which full time employees are eligible. (Refer to benefit rate sheets.) Leave Accruals • SICK LEA VE: rate. Accrued at appropriate prorated percentage of the full-time accrual March 27, 2018 Item #2 Page 68 of 236 • VACATION: rate. Accrued at appropriate prorated percentage of the full-time accrual • HOLIDAY PAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a Holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with his/her supervisor when to take a regularly scheduled work shift in that same pay period as a Holiday. • FLOATING HOLIDAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid for 0.5 FTE employees. An employee whose scheduled shift duration exceeds the hours of Holiday pay could get approval from their supervisor to work extra hours in the pay period in which a Holiday falls to make up for the reduced number of hours paid for the Holiday. An employee may also choose to take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non- Holiday, if an employee leaves early or takes time off accrued leave balances must be exhausted prior to taking leave without pay. PERS Service Credit Future retirement benefit and employee contributions (made by the City) are adjusted for lesser earnings. A full time employee receives one year of service credit for every ten or more months of full time employment during the fiscal year. A 75% time employee is credited with .90 of a year (.75 x .100 year credit x 12 months) for one year of75% time employment. A 50% employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50% employment. Long Term Disability The City pays the premium based on actual earnings. State Disability Insurance The City pays the premium based on actual earnings. Any future potential benefit may be reduced, as SDI looks at quarterly wages reported for a 12 month period beginning roughly 18 months before the date of disability. Life Insurance and Supplemental Life Insurance The benefit is based on regular base salary. Employee Computer Purchase Program Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan. Employee Education Program Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement. I understand and agree to the reduced FTE terms outlined above and agree to the terms and conditions set forth in this document. 2 March 27, 2018 Item #2 Page 69 of 236 ATTACHMENT D MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF ASSIGNMENT Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees' Association (CCEA), I, am accepting the assignment of the Maerkle Facilities Steward and acknowledging the following requirements, responsibilities and terms of the assignment: 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the City. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City's Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. March 27, 2018 Item #2 Page 71 of 236 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response -Notification-Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month ( except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward's responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City and communicated to the Steward in writing with sixty (60) calendar days advance notice of any changes. The City shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. Upon change of Steward, the outgoing Steward shall have the propane tank filled and the carpets professionally cleaned, and provide verification of such to the 2 March 27, 2018 Item #2 Page 72 of 236 Water Operations supervisor. The outgoing Steward will have the option of being billed for these services by the City. If the outgoing Steward selects this option, the Steward will provide a thirty (30) calendar days' notice and the City will have the propane tank filled and the carpets professionally cleaned. 5. Term The City maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City's discretion and the City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days' notice to the Steward. There shall be an annual review of the Steward's performance with Water Operations supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. 6. Sole Place of Residence The crew member assigned as the Steward shall maintain the residence as his/her sole place of residence. 7. Others Living at Residence Only the Steward and a reasonable number of persons who constitute a bona fide single household unit shall be allowed to reside at the house. 8. Vehicles The Maerkle Facilities Steward shall drive a City vehicle. No more than three private vehicles shall be kept at the residence unless pre-approved by the Water Operations supervisor. 9. Firearms The Steward shall not carry any firearms in the performance of his/her duties or in City vehicles and shall not discharge any firearms on City property. Any firearms that are personal property of the Steward shall be allowed to be stored at the residence provided they are securely stored. The Steward will notify the Water Operations Supervisor in advance of bringing any firearms on the premises and shall show proof of secured storage. 10. Parties The Steward shall notify his/her the Water Operations Supervisor, in writing, at least seven (7) calendar days in advance of any party at the residence involving fifteen (15) or more people. 3 March 27, 2018 Item #2 Page 73 of 236 11. Pets The Steward shall be allowed to have pets and any outdoor pets shall remain within the fenced portion of the property provided for this purpose. The Steward shall be responsible for any damages caused by pets. The Steward may not keep pets known to be VICIOUS. The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll deductions will begin for this amount starting with the beginning of the pay period on I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibility and Agreement to Term of Assignment and understand it. By signing below, I am agreeing to these terms in their entirety. Employee Signature Date 4 March 27, 2018 Item #2 Page 74 of 236 ATTACHMENT E SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad ("CITY") and ------------("EMPLOYEE") with reference to the following facts: Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in EMPLOYEE's job classification. In consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. Termination of Employment Relationship The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of , 20_, with EMPLOYEE's last actual day at work being , 20_. 2. Benefits of Agreement A. In consideration of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE's separation from the CITY as a reduction in force when applying for unemployment with the State of California Employment Development Department (EDD). EMPLOYEE agrees to use the date of _______ , 20_ as the effective date of separation. B. While EMPLOYEE's separation date is ________ , 20_, any health insurance benefits EMPLOYEE receives will continue until ------- 20_; dental and vision, if any, will continue until _______ , 20_. C. EMPLOYEE will receive the equivalent of three (3) months' base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 Right to Revoke Agreement, has expired. D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which EMPLOYEE would otherwise be entitled upon separation. E. EMPLOYEE agrees that he/she has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinafter with any governmental agency or any court arising out of his/her employment with the CITY. EMPLOYEE further agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of his/her employment; however, he/she shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing EMPLOYEE's rights under this Agreement. EMPLOYEE fully releases and discharges the CITY, its council members, officers, employees, agents and attorneys, from all actions, causes of action, 5 March 27, 2018 Item #2 Page 75 of 236 claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to EMPLOYEE's employment with the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213); the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)l-17); and the California Fair Employment and Housing Act (Gov. Code§ § 12900-12996). EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HA VE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3. Entire Agreement This Agreement constitutes the sole and exclusive understanding of the parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY. 4. Severability If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction. 5. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this Agreement shall be brought in the Superior Court of California, County of San Diego, North County Judicial District. 6. Advisement-to Consult with Experts The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attorney or professional ofEMPLOYEE's choice and EMPLOYEE's own expense. 6 March 27, 2018 Item #2 Page 76 of 236 7. Right to Revoke Agreement A. EMPLOYEE may revoke this Agreement within seven (7) business days of the date ofEMPLOYEE's signature. Revocation can be made by delivering a written notice ofrevocation to the CITY's current Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh (7th) business day after EMPLOYEE signs this Agreement. B. If EMPLOYEE exercises his/her right to revoke consent to this Agreement during the seven (7) day period after he/she signs this Agreement, this Agreement shall not be effective or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C. 8. Non-Admission of Liability The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the termination of the employment relationship. 9. Reemployment Rights EMPLOYEE and CITY agree that any rights to reinstatement to any current or future vacancy will be governed by the layoff provision (Article 44) of the Memorandum of Understanding between the CITY and the Carlsbad City Employees' Association ( CCEA) in effect at the time of the separation. 10. Effective Date of Agreement Provided no notice of revocation is received by CITY pursuant to Section 7, this Agreement shall become effective on the eighth (8th) business day from the date in which this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh (7th) calendar day after receipt of the Agreement by CITY. EMPLOYEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND THAT HE/SHE UNDERSTANDS IT AND IS VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40 YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. §§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST FORTY-FIVE (45) DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO LATER THAN SEVEN (7) DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME 7 March 27, 2018 Item #2 Page 77 of 236 EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY PERIOD HAS EXPIRED. IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing his/her name hereto. City of Carlsbad City Manager Date Approved as to Form Date by City Attorney Employee Date 8 March 27, 2018 Item #2 Page 78 of 236 Attachment B SALARY SCHEDULE -CARLSBAD CITY EMPLOYEES' ASSOCIATION March 27, 2018 CLASSIFICATION ACCOUNT CLERK I ACCOUNT CLERK II ACCOUNTANT ACCOUNTING SUPERVISOR ACCOUNTING TECHNICIAN ADMINISTRATIVE SECRETARY APPLICATIONS ANALYST APPLICATIONS ASSOCIATE ANALYST AQUATICS SPECIALIST ASSISTANT ENGINEER ASSISTANT PLANNER ASSISTANT TO THE TREASURER ASSOCIATE CONTRACT ADMINISTRATOR ASSOCIATE ENGINEER ASSOCIATE PLANNER BUILDING INSPECTOR I BUILDING INSPECTOR II BUILDING MAINTENANCE WORKER I BUILDING MAINTENANCE WORKER II BUILDING TECHNICIAN II BUSINESS INTELLIGENCE ANALYST BUSINESS SYSTEMS ASSOCIATE BUSINESS SYSTEMS SPECIALIST RANGE 17 28 68 55 45 42 94 75 50 82 64 74 52 98 78 55 70 29 41 50 94 70 84 BUSINESS SYSTEMS SPECIALIST Y-RATED*84Y BUYER/CONTRACT ADMINISTRATOR 63 CLIENT SYSTEMS ADMINISTRATOR 88 CLIENT SYSTEMS ASSOC. ADMINISTRATOR 52 CIRCULATION SUPERVISOR 37 CODE Enforcement Officer I 43 CODE Enforcement Officer II 58 COMMUNITY OUTREACH SUPERVISOR 58 CRIME PREVENTION SPECIALIST 44 CROSS CONNECTION CONTROL TECHNICIAN 67 CUSTODIAN 6 CUSTODIAN II 16 DEPUTY CITY CLERK 58 ELECTRICIAN 62 ENGINEERING TECHNICIAN I 45 ENGINEERING TECHNICIAN II 60 ENVIRONMENTAL SPECIALIST I 53 ENVIRONMENTAL SPECIALIST II 70 EQUIPMENT SERVICE WORKER 21 EQUIPMENT TECHNICIAN I 4 3 EQUIPMENT TECHNICIAN II 51 FIRE PERMIT TECHNICIAN I 35 FIRE PERMIT TECHNICIAN II 52 GIS ADMINISTRATOR 109 GIS ANALYST 84 GIS ASSOCIATE ANALYST GIS TECHNICIAN GRAPHIC ARTIST HOUSING ASSISTANT HOUSING SPECIALIST I HOUSING SPECIALIST II HUMAN RESOURCES TECHNICIAN 70 60 49 22 48 63 42 CLASSIFICATION RANGE INSPECTOR I 57 INSPECTOR II 70 JUNIOR ENGINEER 68 JUNIOR PLANNER 50 JUVENILE JUSTICE PROGRAM COORD. 58 LEAD EQUIPMENT TECHNICIAN 61 LEAD LIBRARIAN 63 LEGAL ASSISTANT 56 LEGAL TECHNICIAN 80 LEGAL SECRETARY 49 LIBRARIAN 55 LIBRARIAN Y-RATED* 55Y LIBRARY ASSISTANT I 26 LIBRARY ASSISTANT II 37 LIBRARY CLERK I 3 LIBRARY CLERK II 6 LIBRARY MEDIA&GRAPHICS SUPERVISOR 58 MAINTENANCE AIDE 13 MAINTENANCE WORKER I 17 MAIL CLERK/MESSENGER 1 METER SERVICES WORKER I 11 METER SERVICES WORKER II 33 METER SERVICES WORKER III 46 NETWORK ASSOCIATE 71 NETWORK ENGINEER 88 OFFICE SPECIALIST I 5 OFFICE SPECIALIST II 12 OPERATIONS/MAINTENANCE STOREKEEPER 47 PARK MAINTENANCE SPECIALIST PARK MAINTENANCE WORKER II PARK MAINTENANCE WORKER III PARK PLANNER PLANNING TECHNICIAN I PLANNING TECHNICIAN II POLICE RECORDS SPECIALIST I POLICE RECORDS SPECIALIST II PRODUCTION TECHNICIAN RECORDS SUPERVISOR RECREATION ASSISTANT RECREATION SPECIALIST RECREATION SUPERVISOR RISK TECHNICIAN SANITATION SYSTEMS OPERATOR I SANITATION SYSTEMS OPERATOR II SANITATION SYSTEMS OPERATOR III SCADA TECHNICIAN SECRETARY SENIOR APPLICATIONS ANALYST SENIOR BUILDING INSPECTOR 41 28 46 85 37 50 17 22 43 65 10 30 54 53 56 65 80 92 34 109 85 SENIOR BUILDING MAINTENANCE WORKER 53 SENIOR BUSINESS SYSTEMS SPECIALIST 99 SENIOR CIRCULATION SUPERVISOR 50 SENIOR CODE ENFORCEMENT OFFICER 78 SENIOR CONSTRUCTION INSPECTOR SENIOR CONTRACT ADMINISTRATOR 85 80 *Employees in the Librarian Classification as of 6/18/13 who were hired prior to 1/1/10 have salaries that are y- rated in the salary range 55Y. *Employee in the Business Systems Specialist Classification transferred as a result of 9/1/2014 CCEA side letter March 27, 2018 Item #2 Page 79 of 236 CLASSIFICATION SENIOR CROSS CONN. CONTROL TECH. SENIOR DATABASE ADMINISTRATOR SENIOR HUMAN RESOURCES TECHNICIAN SENIOR ELECTRICIAN SENIOR ENVIRONMENTAL SPECIALIST SENIOR LIBRARIAN SENIOR NETWORK ENGINEER SENIOR OFFICE SPECIALIST SENIOR PLANNER SENIOR STORM DRAIN MAINT. WORKER SENIOR WEB ENGINEER RANGE 77 114 52 72 85 73 114 23 95 58 114 STOREKEEPER 22 STORM DRAIN MAINTENANCE WORKER 44 STREET MAINTENANCE WORKER II 33 STREET MAINTENANCE WORKER III 46 TECHNICIAN I 35 TRAFFIC SYSTEMS OPS SPECIALIST 80 TRAINING COORDINATOR 49 TREE TRIMMER I 25 TREE TRIMMER II 36 TREE TRIMMER LEADWORKER 51 UTILITY MAINTENANCE WORKER III 54 UTILITY WORKER I 40 UTILITY WORKER II 52 UTILITY WORKER III 63 VALVE MAINTENANCE WORKER 54 WASTE WATER UTILITY WORKER I 41 WASTE WATER UTILITY WORKER II 52 WASTE WATER UTILITY WORKER III 67 WAREHOUSE TECHNICIAN 43 WATER CONSERVATION SPECIALIST 41 WATER CONSERVATION SPECIALIST-CMWD 42 WATER SYSTEMS OPERATOR I WATER SYSTEMS OPERATOR II WATER SYSTEMS OPERATOR III 67 77 87 Attachment B March 27, 2018 Item #2 Page 80 of 236 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE Effective 3/27/2018 HOURLY Bl-WEEKLY Attachment B RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 1 $14.84 $17.13 $19.41 1 $1,187.20 $1,370.00 $1,552.80 2 $14.99 $17.30 $19.61 2 $1,199.20 $1,384.00 $1,568.80 3 $15.14 $17.47 $19.80 3 $1,211.20 $1,397.60 $1,584.00 4 $15.29 $17.65 $20.00 4 $1,223.20 $1,411.60 $1,600.00 5 $15.44 $17.82 $20.20 5 $1,235.20 $1,425.60 $1,616.00 6 $15.60 $18.00 $20.40 6 $1,248.00 $1,440.00 $1,632.00 7 $15.75 $18.18 $20.61 7 $1,260.00 $1,454.40 $1,648.80 8 $15.91 $18.36 $20.81 8 $1,272.80 $1,468.80 $1,664.80 9 $16.07 $18.55 $21.02 9 $1,285.60 $1,483.60 $1,681.60 10 $16.23 $18.73 $21.23 10 $1,298.40 $1,498.40 $1,698.40 11 $16.39 $18.92 $21.44 11 $1,311.20 $1,513.20 $1,715.20 12 $16.56 $19.11 $21.66 12 $1,324.80 $1,528.80 $1,732.80 13 $16.72 $19.30 $21.87 13 $1,337.60 $1,543.60 $1,749.60 14 $16.89 $19.49 $22.09 14 $1,351.20 $1,559.20 $1,767.20 15 $17.06 $19.69 $22.31 15 $1,364.80 $1,574.80 $1,784.80 16 $17.23 $19.89 $22.54 16 $1,378.40 $1,590.80 $1,803.20 17 $17.40 $20.08 $22.76 17 $1,392.00 $1,606.40 $1,820.80 18 $17.58 $20.29 $22.99 18 $1,406.40 $1,622.80 $1,839.20 19 $17.75 $20.49 $23.22 19 $1,420.00 $1,638.80 $1,857.60 20 $17.93 $20.69 $23.45 20 $1,434.40 $1,655.20 $1,876.00 21 $18.11 $20.90 $23.69 21 $1,448.80 $1,672.00 $1,895.20 22 $18.29 $21.11 $23.92 22 $1,463.20 $1,688.40 $1,913.60 23 $18.47 $21.32 $24.16 23 $1,477.60 $1,705.20 $1,932.80 24 $18.66 $21.53 $24.40 24 $1,492.80 $1,722.40 $1,952.00 25 $18.84 $21.75 $24.65 25 $1,507.20 $1,739.60 $1,972.00 26 $19.03 $21.96 $24.89 26 $1,522.40 $1,756.80 $1,991.20 27 $19.22 $22.18 $25.14 27 $1,537.60 $1,774.40 $2,011.20 28 $19.41 $22.41 $25.40 28 $1,552.80 $1,792.40 $2,032.00 29 $19.61 $22.63 $25.65 29 $1,568.80 $1,810.40 $2,052.00 30 $19.80 $22.86 $25.91 30 $1,584.00 $1,828.40 $2,072.80 31 $20.00 $23.08 $26.16 31 $1,600.00 $1,846.40 $2,092.80 32 $20.20 $23.32 $26.43 32 $1,616.00 $1,865.20 $2,114.40 33 $20.40 $23.55 $26.69 33 $1,632.00 $1,883.60 $2,135.20 34 $20.61 $23.79 $26.96 34 $1,648.80 $1,902.80 $2,156.80 35 $20.81 $24.02 $27.23 35 $1,664.80 $1,921.60 $2,178.40 36 $21.02 $24.26 $27.50 36 $1,681.60 $1,940.80 $2,200.00 37 $21.23 $24.50 $27.77 37 $1,698.40 $1,960.00 $2,221.60 38 $21.44 $24.75 $28.05 38 $1,715.20 $1,979.60 $2,244.00 39 $21.66 $25.00 $28.33 39 $1,732.80 $1,999.60 $2,266.40 40 $21.88 $25.25 $28.62 40 $1,750.40 $2,020.00 $2,289.60 41 $22.09 $25.50 $28.90 41 $1,767.20 $2,039.60 $2,312.00 42 $22.31 $25.75 $29.19 42 $1,784.80 $2,060.00 $2,335.20 43 $22.54 $26.01 $29.48 43 $1,803.20 $2,080.80 $2,358.40 44 $22.76 $26.27 $29.78 44 $1,820.80 $2,101.60 $2,382.40 45 $22.99 $26.53 $30.07 45 $1,839.20 $2,122.40 $2,405.60 46 $23.22 $26.80 $30.38 46 $1,857.60 $2,144.00 $2,430.40 47 $23.45 $27.07 $30.68 47 $1,876.00 $2,165.20 $2,454.40 48 $23.69 $27.34 $30.99 48 $1,895.20 $2,187.20 $2,479.20 Page 1 of 6 March 27, 2018 Item #2 Page 81 of 236 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE Effective 3/27/2018 HOURLY Bl-WEEKLY Attachment B RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 49 $23.92 $27.61 $31.30 49 $1,913.60 $2,208.80 $2,504.00 50 $24.16 $27.89 $31.61 50 $1,932.80 $2,230.80 $2,528.80 51 $24.40 $28.16 $31.92 51 $1,952.00 $2,252.80 $2,553.60 52 $24.65 $28.45 $32.24 52 $1,972.00 $2,275.60 $2,579.20 53 $24.89 $28.73 $32.57 53 $1,991.20 $2,298.40 $2,605.60 54 $25.14 $29.02 $32.89 54 $2,011.20 $2,321.20 $2,631.20 55 $25.40 $29.31 $33.22 55 $2,032.00 $2,344.80 $2,657.60 55Y ----$33.39 55Y ----$2,671.20 56 $25.65 $29.60 $33.55 56 $2,052.00 $2,368.00 $2,684.00 57 $25.91 $29.90 $33.89 57 $2,072.80 $2,392.00 $2,711.20 58 $26.16 $30.20 $34.23 58 $2,092.80 $2,415.60 $2,738.40 59 $26.43 $30.50 $34.57 59 $2,114.40 $2,440.00 $2,765.60 60 $26.69 $30.80 $34.91 60 $2,135.20 $2,464.00 $2,792.80 61 $26.96 $31.11 $35.26 61 $2,156.80 $2,488.80 $2,820.80 62 $27.23 $31.43 $35.62 62 $2,178.40 $2,514.00 $2,849.60 63 $27.50 $31.74 $35.97 63 $2,200.00 $2,538.80 $2,877.60 64 $27.77 $32.05 $36.33 64 $2,221.60 $2,564.00 $2,906.40 65 $28.05 $32.38 $36.70 65 $2,244.00 $2,590.00 $2,936.00 66 $28.33 $32.70 $37.06 66 $2,266.40 $2,615.60 $2,964.80 67 $28.62 $33.03 $37.43 67 $2,289.60 $2,642.00 $2,994.40 68 $28.90 $33.36 $37.81 68 $2,312.00 $2,668.40 $3,024.80 69 $29.19 $33.69 $38.19 69 $2,335.20 $2,695.20 $3,055.20 70 $29.48 $34.03 $38.57 70 $2,358.40 $2,722.00 $3,085.60 71 $29.78 $34.37 $38.95 71 $2,382.40 $2,749.20 $3,116.00 72 $30.07 $34.71 $39.34 72 $2,405.60 $2,776.40 $3,147.20 73 $30.38 $35.06 $39.74 73 $2,430.40 $2,804.80 $3,179.20 74 $30.68 $35.41 $40.13 74 $2,454.40 $2,832.40 $3,210.40 75 $30.99 $35.76 $40.53 75 $2,479.20 $2,860.80 $3,242.40 76 $31.30 $36.12 $40.94 76 $2,504.00 $2,889.60 $3,275.20 77 $31.61 $36.48 $41.35 77 $2,528.80 $2,918.40 $3,308.00 78 $31.92 $36.84 $41.76 78 $2,553.60 $2,947.20 $3,340.80 79 $32.24 $37.21 $42.18 79 $2,579.20 $2,976.80 $3,374.40 80 $32.57 $37.59 $42.60 80 $2,605.60 $3,006.80 $3,408.00 81 $32.89 $37.96 $43.03 81 $2,631.20 $3,036.80 $3,442.40 82 $33.22 $38.34 $43.46 82 $2,657.60 $3,067.20 $3,476.80 83 $33.55 $38.72 $43.89 83 $2,684.00 $3,097.60 $3,511.20 84 $33.89 $39.11 $44.33 84 $2,711.20 $3,128.80 $3,546.40 85 $34.23 $39.50 $44.77 85 $2,738.40 $3,160.00 $3,581.60 86 $34.57 $39.90 $45.22 86 $2,765.60 $3,191.60 $3,617.60 87 $34.91 $40.29 $45.67 87 $2,792.80 $3,223.20 $3,653.60 88 $35.26 $40.70 $46.13 88 $2,820.80 $3,255.60 $3,690.40 89 $35.62 $41.11 $46.59 89 $2,849.60 $3,288.40 $3,727.20 90 $35.97 $41.52 $47.06 90 $2,877.60 $3,321.20 $3,764.80 91 $36.33 $41.93 $47.53 91 $2,906.40 $3,354.40 $3,802.40 92 $36.70 $42.35 $48.00 92 $2,936.00 $3,388.00 $3,840.00 93 $37.06 $42.77 $48.48 93 $2,964.80 $3,421.60 $3,878.40 94 $37.43 $43.20 $48.97 94 $2,994.40 $3,456.00 $3,917.60 95 $37.81 $43.64 $49.46 95 $3,024.80 $3,490.80 $3,956.80 Page 2 of 6 March 27, 2018 Item #2 Page 82 of 236 CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE Effective 3/27/2018 HOURLY Bl-WEEKLY Attachment B RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 96 $38.19 $44.07 $49.95 96 $3,055.20 $3,525.60 $3,996.00 97 $38.57 $44.51 $50.45 97 $3,085.60 $3,560.80 $4,036.00 98 $38.95 $44.96 $50.96 98 $3,116.00 $3,596.40 $4,076.80 99 $39.34 $45.41 $51.47 99 $3,147.20 $3,632.40 $4,117.60 100 $39.74 $45.86 $51.98 100 $3,179.20 $3,668.80 $4,158.40 101 $40.13 $46.32 $52.50 101 $3,210.40 $3,705.20 $4,200.00 102 $40.53 $46.78 $53.03 102 $3,242.40 $3,742.40 $4,242.40 103 $40.94 $47.25 $53.56 103 $3,275.20 $3,780.00 $4,284.80 104 $41.35 $47.72 $54.09 104 $3,308.00 $3,817.60 $4,327.20 105 $41.76 $48.20 $54.63 105 $3,340.80 $3,855.60 $4,370.40 106 $42.18 $48.68 $55.18 106 $3,374.40 $3,894.40 $4,414.40 107 $42.60 $49.17 $55.73 107 $3,408.00 $3,933.20 $4,458.40 108 $43.03 $49.66 $56.29 108 $3,442.40 $3,972.80 $4,503.20 109 $43.46 $50.16 $56.85 109 $3,476.80 $4,012.40 $4,548.00 110 $43.89 $50.66 $57.42 110 $3,511.20 $4,052.40 $4,593.60 111 $44.33 $51.16 $57.99 111 $3,546.40 $4,092.80 $4,639.20 112 $44.77 $51.67 $58.57 112 $3,581.60 $4,133.60 $4,685.60 113 $45.22 $52.19 $59.16 113 $3,617.60 $4,175.20 $4,732.80 114 $45.67 $52.71 $59.75 114 $3,653.60 $4,216.80 $4,780.00 Page 3 of 6 March 27, 2018 Item #2 Page 83 of 236 PURPOSE STANDBY POLICY FOR INFORMATION TECHNOLOGY DEPARTMENT CITY OF CARLSBAD Attachment C To establish a departmental policy to provide after-hours support for those technology services that are critical to the operations of the City. Standby duty assignment is defined in the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees' Association (CCEA) under the, sections titled, "Call Back Pay" and "Standby Pay". POLICY Information Technology (IT) employees that have the required expertise in the applications and infrastructure that are critical to the operations of the City shall, on a rotating basis, serve as the after-hours support to ensure that support to the City is available. This policy will take effect as of July 1, 2018. However, IT employees may volunteer for standby duty prior to July 1, 2018 but after ratification of the CCEA MOU with a term of January 1, 2018 through December 31, 2020. All of the procedures outlined in this policy except procedure number 1 shall apply to those employees who volunteer for standby duty prior to July 1, 2018. PROCEDURES: 1. The IT Management shall determine which IT employees have sufficient expertise in the systems critical to the IT Department in order to provide the necessary after-hours support. IT Management will define all systems that require after-hours support and the levels of service expected to be delivered for each system. This information will be included in the standby schedule and is subject to change by IT Management. The standby schedule will be published at least thirty (30) days prior to the commencement of the schedule, so that employees can make plans in advance. When developing the schedule, the department will work to ensure that employees are not scheduled for a standby assignment during a week when the staff member has a scheduled day off (i.e. 9/80 Friday offNacation/Sick Leave/Military Leave.). IT Management will endeavor to rotate standby duty among employees in a way that minimizes the impact on employees. Employees are encouraged to talk to their supervisor if they have concerns about the impact of standby duty on them. 2. The employee on standby will carry a cellular telephone during their duty assignment. All employees assigned to standby shall maintain current contact information, including a cell phone number and an alternate number, on file with the IT Department. 3. When a call/message is received, the employee on standby must respond promptly. In instances where it is clear that the issue/request is not part of the services deemed by IT Management as required to provide outside of normal business hours and, therefore, no call back work is required, the time spent listening to the call or reading the message is part of standby duty and does not trigger callback duty or overtime pay. Standby duty also includes receiving/reading messages noting that an issue was resolved. In all other instances, the time spent troubleshooting or gathering more information to determine whether or not the Page 1 of2 March 27, 2018 Item #2 Page 84 of 236 Attachment C issue warrants after hours support, as well as the time spent working to resolve the issue is considered part of Call Back duty which triggers callback duty and overtime pay. 4. If the employee on standby receives a call and they require the assistance of another IT staff member to resolve the issue, the employee on standby will contact the other IT staff member and also inform appropriate IT Management. The employee on standby and the other IT employee who is contacted and spends time resolving the issue qualify for overtime in accordance with the section of the MOU titled "Call Back Pay". 5. If the situation requires the employee on standby to physically visit a City site/facility, the employee must wear clothing appropriate to the assignment as a representative of the City of Carlsbad. 6. During the employee's duty assignment, the employee must carry City identification at all times in the event a physical site visit is necessary. 7. During the employee's standby duty assignment, the employee shall be at a place where the employee can reasonably expect to respond and arrive at the City of Carlsbad facility within 1 hour. On site troubleshooting may be necessary if the issue cannot be resolved remotely. To enable the employee's ability to remotely troubleshoot issues, the City will provide a laptop and a cellular enabled portable Wi-Fi hotspot. 8. During the employee's duty assignment, the employee must abide by the current MOU Alcohol and Drug Policy. 9. All safety policies and procedures instituted by the City and the Department will be followed at all times when conducting city business. 10. During the employee's duty assignment, the employee will be compensated per the section titled, "Standby Pay" in the MOU between the City of Carlsbad and CCEA. 11. If called while on standby assignment and subsequently required to perform troubleshooting, the employee will receive compensation per the sections titled, "Overtime" and "Call Back Pay" in the MOU between the City of Carlsbad and CCEA. 12. In the event of illness, injury or any other event which may prevent the designated standby person from responding during a shift, the employee should notify designated IT Management so that a replacement may be designated to finish that shift. The manager will contact the employee who is next in line on the standby schedule and ask if that employee is available to assume all or the remainder of a vacant standby shift. This process will continue until the vacant standby shift is filled. In the event that no staff member accepts the vacant standby shift, IT Management will fill the vacant shift. 13. The Standby Schedule is not affected by holidays. The rotation continues as scheduled. 14. The City shall have complete discretion in determining the standby assignment and rotation schedule and the City's decision and the impact of its decision shall be excluded from the grievance procedure. Page2 of2 March 27, 2018 Item #2 Page 85 of 236 Attachment D ADMINISTRATIVE ORDER NO. 64 March 27, 2018 TO: ALL DEPARTMENTS FROM: City Manager SUBJECT: DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS ENCLOSURES: DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS PURPOSE To implement a drug and alcohol testing policy for employees who operate commercial vehicles to ensure that employees are fit for duty and to protect our employees and the public from risks posed by the use of alcohol and controlled substances. This policy also complies with the policy of the U.S. Department of Transportation and Federal Motor Carrier Safety Administration's regulations. BACKGROUND The City of Carlsbad implemented a Drug and Alcohol Testing Policy for Commercial Drivers in 1997 in response to a Federally mandated program governed by the Department of Transportation. Periodically, the Department of Transportation amends its policy for commercial drivers and the Federal Motor Carrier Safety Administration amends its policy. The attached City of Carlsbad policy is updated to reflect the recent changes mandated by these federal agencies. POLICY See Attachment A ACTION This policy is effective immediately. March 27, 2018 Item #2 Page 86 of 236 Attachment A CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS 2 March 27, 2018 Item #2 Page 87 of 236 CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS TABLE OF CONTENTS SECTION A. PURPOSE B. CONTACT FOR POLICY QUESTIONS C. COVERED EMPLOYEES D. SAFETY SENSITIVE FUNCTIONS E. PROHIBITED CONDUCT F. CONSEQUENCES FOR VIOLATIONS G. REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST H. DRUG TESTING I. ALCOHOL TESTING J. TYPES OF TESTS REQUIRED 1. Pre-employment/Pre-Duty Testing 2. Post-Accident 3. Random Testing 4. Reasonable Suspicion 5. Return-to-Duty /Follow-up K. PRESCRIPTION DRUG USE L. CONSEQUENCES OF POSITIVE TEST RESULTS M. SUBSTANCE ABUSE PROFESSIONAL N. COVERED EMPLOYEE ASSISTANCE PROGRAM 0. RECORD KEEPING P. ACCESS TO RECORDS Q. TRAINING R. NOTICE TO COVERED EMPLOYEES s. COMPLIANCE WITH FEDERAL LAW APPENDIX A -LIST OF COVERED CLASSIFICATIONS APPENDIX B-DEFINITIONS APPENDIX C-TESTING PROCEDURES 3 PAGE NUMBER 4 5 5 5 6 7 7 8 10 10 11 12 13 14 14 14 15 15 15 16 17 17 17 18 19 23 March 27, 2018 Item #2 Page 88 of 236 DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS The City of Carlsbad is committed to a workplace free from the influence and effects of drugs and alcohol that may adversely affect a covered employee's work performance, efficiency, safety and health. It is important to ensure the welfare and safety of all covered employees to perform their work in a drug-free environment. In support of this commitment, the City's Drug and Alcohol Policy has been established for all covered employees consistent with the Drug Free Workplace Act. For those employees whose job requires specific use of a commercial vehicle, this policy has been established to outline requirements consistent with the Department of Transportation regulations related to commercial drivers. Any covered employee who violates this policy, jeopardizes the safety or welfare of themselves or others, or creates risk of property loss or damage may be subject to disciplinary action including termination of employment. A. PURPOSE This policy establishes guidelines in compliance with the Federal Drug-Free Workplace Act of 1988, the Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act), the Federal Transportation Administration, Federal Motor Carrier Safety Administration, (FMCSA) regulations of 1994 (49 C.F.R. parts 40 and 382 et seq.), the California Drug-Free Workplace Act of 1990, and Section 34520(a) of the California Vehicle Code. DOT Regulations require that regular drug and alcohol testing be performed on employees in safety-sensitive positions who operate specified commercial vehicles. The purpose of this policy is to assure that City commercial vehicles are operated in a safe manner and that the public is protected from risks associated with the use of alcohol or drugs in the operation of City commercial vehicles. Members of the Carlsbad City Employees' Association (CCEA) are still required to comply with the provisions of the drug and alcohol policy included in any applicable Memorandum Of Understanding (MOU). The obligations and requirements set forth below are in addition to existing provisions, and shall prevail where provisions in the MOU conflict with this Policy. Covered employees are required to submit to alcohol and drug testing administered in accordance with federal regulations as a condition of employment. Covered employees shall be asked to sign a statement certifying that they have each received a copy of this policy and understand its contents. This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 can be found on the internet at the Department of Transportation Office of Drug and Alcohol Policy and Compliance website http://www.dot.gov/ odapc. 4 March 27, 2018 Item #2 Page 89 of 236 B. CONTACT FOR POLICY QUESTIONS Covered employees having any questions regarding their rights and obligations under this policy should submit their questions to the Human Resources Department. C. COVERED EMPLOYEES Individuals who are required to have or utilize a commercial driver's license to operate (i.e., drive) the following commercial motor vehicles are considered "covered employees": 1. a vehicle with a gross combination weight of at least 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; 2. a vehicle with a gross vehicle weight of at least 26,001 pounds; 3. a vehicle designed to transport 16 or more passengers, including the driver; or 4. a vehicle of any size required to be placarded under Department of Transportation hazardous material regulations. The City of Carlsbad job classifications listed in Appendix A require or utilize a commercial driver's license, and are therefore subject to the provisions of this policy. However, a covered employee may be given a written exemption from this policy signed by the Human Resources Director if the covered employee's classification is listed in Appendix "A" but the covered employee does not operate, and is not expected to operate, the commercial motor vehicles listed above. All covered employees will be subject to pre-employment, reasonable suspicion, post- accident, random, return-to-duty, and follow-up drug and/or alcohol testing. Applicants for safety-sensitive positions will not be hired, nor will current covered employees be assigned to safety sensitive functions unless they pass a drug test. Pre-employment Inquiries Applicants for classifications listed in Appendix A will be subject to inquiries about any violations from prior employers within the past ten years which shall include, but not be limited to, testing positive or refusal to take a pre-employment test. D. SAFETY SENSITIVE FUNCTIONS Covered employees shall not be under the influence or in possession of alcohol or controlled substances during work hours, standby hours, or when engaged in any of the following safety sensitive functions involving a commercial motor vehicle (CMV): 1. Driving or being in a CMV. 2. Performing maintenance on a CMV. 3. Inspecting or servicing a CMV. 4. Loading or unloading a CMV. 5. Supervising or assisting the loading or unloading of a CMV. 6. Attending a vehicle being loaded or unloaded. 5 March 27, 2018 Item #2 Page 90 of 236 7. Waiting to load or unload a CMV or waiting to be dispatched. 8. While in readiness to operate a CMV. 9. While obtaining assistance or remaining in attendance on a disabled CMV. 10. Performing all other functions in or upon a CMV (except resting in a sleeper berth). 11. When submitting to a test required by this policy. E. PROHIBITED CONDUCT Covered employees shall not engage in any of the following conduct while performing, preparing to perform, or waiting to perform a safety-sensitive function: 1. Covered employees are prohibited from reporting for duty or staying on duty: a. with a blood alcohol concentration of 0.02 or greater; b. if in possession of alcohol or products containing alcohol; c. if consuming alcohol; d. within four hours after using alcohol; or e. with a quantifiable presence of marijuana, cocaine, phencyclidine (PCP), opiates or amphetamines in the body above the minimum thresholds required by law. 2. Covered employees who have been involved in an accident may not use alcohol until post-accident testing is done (see Section I-2) or for a period of eight (8) hours after the accident, whichever occurs first. 3. Covered employees may not report for duty or stay on safety sensitive duty if the covered employee uses any controlled substance. Exceptions may be made in the case of controlled substances prescribed by a licensed medical practitioner, provided the licensed medical practitioner has indicated that the substance will not adversely affect the covered employee's ability to perform safety-sensitive functions, and such usage is reported by the covered employee to the employee's supervisor. 4. Covered employees may not report for duty or stay on safety sensitive duty if they have tested positive on a drug and/ or alcohol test or have adulterated or altered a specimen as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. A "positive test" includes a blood alcohol concentration equal to or greater than 0.02 on an alcohol test, and/ or a positive finding for controlled substances on a drug test. 5. Covered employees shall not directly or through a third party, manufacture, sell, distribute, dispense, or otherwise attempt to manufacture, sell, or distribute alcohol, drugs, or controlled substances during work hours, including meal or rest breaks or while on City premises. 6. Covered employees shall not possess alcohol or drugs while on duty, while on City property, or in a City vehicle nor shall they use City property or premises to manufacture, sell, or distribute alcohol, drugs, or controlled substances. 6 March 27, 2018 Item #2 Page 91 of 236 7. Covered employees shall not refuse to submit to drug or alcohol testing as required by federal law or regulation (see Section G), or report to duty or remain on duty to perform any safety sensitive function after refusing to submit to testing. 8. A covered employee's absences or tardiness as a result of having been under the influence of alcohol, drugs, or controlled substances during non-work time shall be considered unexcused absences. F. CONSQUENCES FOR VIOLATIONS Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the covered employee will be immediately removed from safety- sensitive duty and may be referred to a Substance Abuse Professional. Following a BAC of 0.02 or greater, but less than 0.04, the covered employee will be immediately removed from safety-sensitive duties for at least eight (8) hours unless a retest results in the covered employee's alcohol concentration being less than 0.02. G. REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST A covered employee who refuses to submit to alcohol or drug testing required by the City pursuant to this policy, shall be prohibited from performing or continuing to perform safety sensitive functions. A covered employee's refusal to submit to alcohol or drug testing required by the City for any reason shall be considered an act of insubordination and may result in disciplinary action, up to and including termination. Refusal to submit includes, but is not limited to: 1. Failure to provide adequate quantity of breath for alcohol testing, without valid medical explanation, after being notified of the requirement for breath testing; 2. Failure to provide an adequate quantity of urine sample for drug testing, without a genuine inability to provide a specimen (as determined by medical evaluation), after being notified of the requirement for urine testing; 3. Engaging in conduct that clearly obstructs the testing process, i.e., failure to permit monitoring or observation of provision of a sample; 4. Refusal to sign any required forms, or refusal to otherwise cooperate with the testing process; 5. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the covered employee to be tested; 6. Failure to remain at the testing site until the testing process is complete; 7 March 27, 2018 Item #2 Page 92 of 236 7. Leaving the scene of an accident without authorization from a supervisor or manager charged with determining whether or not testing is necessary; 8. Consuming alcohol during the eight (8) hours immediately following an accident and prior to testing; 9. If the Medical Review Officer (MRO) reports that you have a verified adulterated or substituted test result; 10. Failure to take a second test if required by the supervisor or manager, or the test collector; and 11. Failure to undergo a medical exam or evaluation as directed by the MRO, as part of the verification process. In the case of pre-employment controlled substance testing this does not apply unless a contingent offer of employment has been made. H. DRUG TESTING Drug testing involves urine sampling and shall be conducted in strict accordance with the procedures required by the Department of Transportation. The sample shall be collected in a private location, and split into two specimens for the purpose of retesting if necessary. Testing shall be conducted by a laboratory certified by the Department of Health and Human Services. Urine specimens shall be screened for the following substances: 1. Amphetamines/Methamphetamines/MDMA (i.e. speed and crystal); 2. Cocaine metabolites; 3. Opiates (i.e. codeine, heroin, and morphine); 4. Phencyclidine (PCP), and 5. THC (Marijuana). Drug testing is a two-stage process. If an initial screening is positive for one or more of the above drugs, then a second "confirmation" test will be performed for each identified drug using state-of-the-art gas chromatography /mass spectrometry (GC/MS) analysis. GC/MS is used to perform specific test which positively identifies the presence of a particular substance. The urine samples also undergo validity testing. This testing evaluates the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. MRO Verification of Positive Test Results A Medical Review Officer (MRO) will review and verify all positive drug test results and dilute results. The MRO will be a licensed physician (medical doctor or doctor of osteopathy) with knowledge of substance abuse disorders and appropriate medical 8 March 27, 2018 Item #2 Page 93 of 236 training to interpret and evaluate an affected covered employee's test result, medical history, and other relevant biomedical information. Prior to verifying a positive drug test result, the MRO will contact the affected covered employee, on a confidential basis, to provide the covered employee with an opportunity to discuss the test result. If, after making reasonable efforts, the MRO is not able to contact the affected covered employee directly, the MRO will contact the City Designated Employer Representative (DER). The DER will, in a confidential manner, immediately contact the covered employee and request that the covered employee contact the MRO immediately. The DER will then notify the MRO that this request has been made of the covered employee. The DER will also inform the covered employee of the consequences of failing to contact the MRO within the next 72 hours. The MRO may verify the positive and dilute test result without input from the affected employee: 1. If the employee specifically declines to discuss the test result; or 2. If, after making reasonable efforts, neither the MRO nor the DER is able to contact the affected covered employee within 10 days after the MRO receives the positive test result from the laboratory; or 3. If the covered employee fails to contact the MRO within 72 hours after being requested to do so by the DER. 4. In the case of a dilute result the MRO may request the covered employee to submit to a repeat test upon learning of this result. The recollection may be ordered under observation and with a minimum of advanced notice. If a serious injury or illness or other unavoidable circumstances prevented the covered employee from contacting the MRO within the above time frames, the covered employee may present documentation of the injury, illness or circumstances to the MRO within 60 days of the verification. The MRO may elect, based on the information, to reopen the verification and allow the covered employee an opportunity to provide a legitimate explanation for the positive test result. If the MRO concludes that there is a legitimate explanation, the MRO will declare the test result to be negative. Notification of Tests Results by MRO and Testing of Split Specimen If the MRO verifies a positive drug test result, the MRO will notify the DER. In addition, the MRO will notify and advise the affected covered employee that the covered employee has 72 hours from the time of notification in which to request a test of the split specimen. If the covered employee makes such a request, the MRO will direct the laboratory who conducted the primary test to provide the split specimen to another certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of drugs or if the split specimen is unavailable, inadequate for testing, or untestable, the MRO shall 9 March 27, 2018 Item #2 Page 94 of 236 cancel the test and report the reasons for the cancellation to the Department of Transportation, the City DER and the affected covered employee. If the split specimen is reconfirmed, the MRO shall notify the DER and the covered employee of the test results. If a serious injury or illness or other unavoidable circumstances prevented the covered employee from contacting the MRO within 72 hours to request a test of the split specimen, the covered employee may present documentation of the injury, illness or circumstances to the MRO. If the MRO concludes that there is a legitimate explanation for the covered employee's failure to contact the MRO within 72 hours, the MRO shall direct that the analysis of the split specimen be performed. Notification of Test Results by City The Designated Employer Representative will notify an applicant of the results of a pre-employment drug test if the applicant requests the results within 60 calendar days after having been notified of the disposition of the employment application. The Designated Employer Representative will notify a covered employee of the results of a random, reasonable suspicion, or post-accident drug test if the test results are verified positive. The Designated Employer Representative will also notify the covered employee which drug(s) were verified as positive. I. ALCOHOL TESTING Alcohol testing will meet federal regulations requiring the use of an evidential breath- testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA). The alcohol screening will be performed by a trained and certified Breath Alcohol Technician (BAT). An alcohol testing form will be completed by the covered employee and the BAT to ensure the results are properly recorded. Two breath tests are required to determine if the covered employee has a prohibited alcohol concentration. An initial screening test will be conducted first, and any result less than 0.02 alcohol concentration will be considered a negative test with no further testing required. If the alcohol concentration is 0.02 or greater, a second "confirmation" test shall be conducted. When a confirmation test is required, the EBT equipment shall print the screening and confirmation test numbers in sequential order. The device shall also print the result, date and time of both tests, along with the name and serial number of the EBT equipment in order to ensure the reliability of the results. J. TYPES OF TESTS REQUIRED The following tests are required by the regulations for covered employees who perform safety sensitive functions: 1. Pre-employment/Pre-Duty Testing Pre-employment alcohol tests are conducted after making a conditional offer of employment or transfer. All applicants for classifications which are covered by 10 March 27, 2018 Item #2 Page 95 of 236 this policy, including covered employees who transfer from non-covered to covered classifications, will be required to submit to pre-employment/pre-duty drug testing after a conditional offer of employment or transfer is made and prior to performing safety sensitive functions. Applicants will not be hired, assigned and/ or transferred to a safety sensitive function if they refuse to take a drug test or have a positive test result. Similarly, a negative pre-employment drug test result is required before covered employee can first perform safety- sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions. Covered applicants who have previously failed or refused a DOT pre- employment drug and/ or alcohol test with a prior employer must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. 2. Post-Accident Post-accident alcohol testing will be conducted on all covered employees as soon as practicable following: a. an accident involving a human fatality; or b. an accident for which the covered employee receives, within eight hours after the accident, a traffic citation for a moving violation and one of following also occurs: ( 1) bodily injury necessitating immediate receipt of medical treatment away from the accident scene; or (2) vehicle damage necessitating the vehicle be towed away from the accident scene. In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City using the best information available at the time of the decision, will be tested. The above testing requirements do not apply to: a. an accident involving only boarding or alighting from a stationary motor vehicle; b. an accident involving only the loading or unloading of cargo; or c. an accident that occurs in the course of operating a passenger car or a multipurpose passenger vehicle unless the motor vehicle is transporting passengers for hire or the motor vehicle is required to be placarded under the Department of Transportation hazardous material regulations. 11 March 27, 2018 Item #2 Page 96 of 236 Post-accident alcohol tests should be administered within 2 hours, but not later than 8 hours following an accident. A post-accident drug test must be conducted within 32 hours following the accident. If an alcohol test is not administered within 2 hours or a drug test is not administered within 32 hours following an accident, the City shall prepare and maintain a record stating the reasons the test was not promptly administered. A covered employee who is subject to post-accident testing must remain readily available for such testing or may be deemed as refusing to submit to testing. However, this requirement should not prohibit a covered employee from leaving the scene of an accident to request assistance in responding to the accident, or delay obtaining necessary emergency medical treatment for any injured people. A covered employee will not be allowed to consume any alcohol for up to 8 hours after an accident unless the covered employee has already been tested regarding the specific accident or the covered employee has been specifically released from the testing obligation. 3. Random testing Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Covered employees will be subject to and must submit to random drug and alcohol testing as follows: Each year the City will conduct a number of random alcohol tests equal to at least 10% of the average number of covered employees. This percentage rate may be adjusted in the future based on the nationwide violation rates. A random alcohol test will only be administered just prior to or while the covered employee is performing a safety sensitive function, or just after the covered employee has stopped performing a safety sensitive function. Each year the City will conduct a number of random drug tests equal to at least 50% of the average number of covered employees. This percentage rate may also be adjusted in the future based on the nationwide violation rates. A random drug test may be administered at any time while on duty, regardless of the functions being performed. The City will select covered employees for random alcohol and controlled substances using a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employee numbers or other comparable identifying numbers. Tests will be unannounced and spread throughout the calendar year. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made. Consequently, some 12 March 27, 2018 Item #2 Page 97 of 236 covered employees may be tested more than once a year, while other may not be tested at all. Once a covered employee has been notified that he or she has been selected for testing, he or she must be available for testing and must proceed to the testing site immediately. 4. Reasonable Suspicion The City will require a covered employee to submit to an alcohol and/ or drug test whenever a trained City official or supervisor has reasonable suspicion that the covered employee has violated the prohibitions in this policy concerning alcohol and drug use. The determination that reasonable suspicion exists for alcohol and/ or drug testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the covered employee. For drug testing, the observations may also include indications of the chronic and withdrawal effects of drugs. Alcohol testing under this section will only occur if the observations described above are made just prior to or while the covered employee is performing safety-sensitive functions, or just after the covered employee has stopped performing such functions. The alcohol test should be administered within two hours, but cannot be administered any later than eight hours, following the determination that there is reasonable suspicion for the test. If the alcohol test is not administered within eight hours, the DER shall prepare and maintain a record stating the reasons for not administering the test. Even when a reasonable suspicion alcohol test is not administered under this section, if a trained City official or supervisor has reasonable suspicion that a covered employee is under the influence of or impaired by alcohol, the covered employee may not report for or perform safety-sensitive functions until either: a. An alcohol test is administered and the covered employee's alcohol concentration measures less than 0.02; or b. Twenty-four hours have elapsed following the reasonable suspicion determination. The trained City official or supervisor who made the observations leading to a reasonable suspicion alcohol or drug test must make and sign a written record of those observations within 24 hours of the observations or before the results of the test are released, whichever is earlier. To ensure that supervisors are trained to make reasonable suspicion determinations, those vested with such authority will attend at least one hour of training on drug use and at least one hour of training on alcohol misuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of drugs. 13 March 27, 2018 Item #2 Page 98 of 236 5. Return-to-duty/Follow-up Any covered employee who has violated the provisions of this policy, and who the City continues to employ, must submit to a return-to-duty alcohol or drug test before they can return to their safety-sensitive position. The alcohol test must indicate an alcohol concentration of less than 0.02 and the drug test must have a verified negative result. In addition, if a covered employee tests positive on an alcohol or drug test administered under this policy and the City decides to continue to employ this individual, the covered employee will be evaluated by a Substance Abuse Professional (SAP) to determine what assistance the covered employee needs in resolving problems associated with alcohol misuse or drug use. If the SAP determines that the covered employee requires such assistance, the covered employee will be subject to unannounced follow-up alcohol or drug tests following the employee's return to duty. The number and frequency of the follow-up tests shall be determined by the SAP, but will consist of at least six unannounced follow-up tests in the first 12 months following the covered employee's return to duty and the testing period may continue up to a period of 60 months. Follow-up alcohol testing will be conducted just prior to or while the covered employee is performing safety-sensitive functions, or just after the covered employee has stopped performing such functions. K. PRESCRIPTION DRUG USE Prescription drugs shall not be possessed or used by a covered employee other than the covered employee for whom the drug is prescribed by a licensed medical practitioner. A prescription drug shall be used only in the manner, combination, and quantity prescribed. A covered employee must advise his or her supervisor of the use or influence of any prescription drug prior to beginning work, when taking the medication or drug could interfere with the safe and effective performance of duties, or the operation of a City vehicle, such that the covered employee poses a direct threat to the health and safety of himself /herself or others. A covered employee's failure to provide this notice in a timely manner can result in discipline, up to and including termination of employment. In the event there is a question regarding a covered employee's ability to safety and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. L. CONSEQUENCES OF POSITIVE TEST RESULTS If results of a post-accident, random, or reasonable suspicion alcohol or drug test are positive, or if a covered employee has refused a test (including adulterating or substituting a urine sample), the City will take the following actions: 1. Immediately remove any covered employee who has engaged in prohibited drug or alcohol use from his or her safety sensitive functions. 14 March 27, 2018 Item #2 Page 99 of 236 2. A covered employee whose alcohol test indicates an alcohol concentration level of greater than 0.02, but less than .04, will be removed from his or her safety sensitive duties and other assigned duties for at least 24 hours, and will be subject to disciplinary action, up to and including termination. The covered employee will be retested before returning to safety sensitive duties. 3. If a covered employee tests positive for drugs, or if the alcohol concentration level is 0.04 or greater, the covered employee will be removed from his or her safety-sensitive position until an evaluation has been completed by a Substance Abuse Professional (SAP) 1 and any recommended treatment is concluded as determined by the SAP. A satisfactory return-to-duty test must be achieved before the covered employee can return to safety sensitive duties. 4. A positive alcohol or drug test will be the basis for disciplinary action, up to and including termination. 5. A violation of this policy also constitutes a violation of the City's general Drug and Alcohol policy, and disciplinary action will be implemented, up to and including termination. Discipline may be imposed regardless of whether or not a covered employee is convicted of any crime related to any violation of this policy. 6. A covered employee's violation of the City's Drug and Alcohol policy that may constitute criminal conduct or violation of the DOT regulations may be reported to the appropriate law enforcement agencies or subject the covered employee to civil penalties. M. SUBSTANCE ABUSE PROFESSIONAL The City will provide only an assessment by a Substance Abuse Professional. If employment is continued, the City has no obligation to provide or pay for further treatment or rehabilitation, as this is the responsibility of the covered employee. However, some financial assistance may be available under the City's health insurance plan. N. COVERED EMPLOYEE ASSISTANCE PROGRAM The City has retained the services of an Employee Assistance Program (EAP). Covered employees with drug or alcohol problems are encouraged to consult with the EAP and obtain services in accordance with regular City procedures. 0. RECORD KEEPING Records shall be maintained on test results, prevention programs, policies, training, drug use and alcohol misuse, refusals to submit to testing, covered employee evaluations, and the annual summary of the City's testing program. The retention period for the records is as follows: 1 A Substance Abuse Professional is a licensed physician, psychologist, social worker, or addiction counselor 15 March 27, 2018 Item #2 Page 100 of 236 1. Five-Year Retention Period This pertains to the results of alcohol tests of 0.02 or higher, verified positive drug tests, documentation of any covered employee who has refused to submit to a required drug or alcohol test, calibration documents, covered employee assessments and referrals by the Substance Abuse Professionals, documents related to the administration of the testing program, and each calendar year summary. 2. Two-Year Retention Period This pertains to records documenting the collection process for the drug and alcohol tests, and training of supervisors. 3. One-Year Retention Period This pertains to any alcohol test results that are less than 0.02 and the documentation of any negative or canceled drug test. Indefinite Retention Period This pertains to records of the education and training of breath alcohol technicians, screening test technicians, supervisors, and covered employees. These records shall be maintained by the City (or, where appropriate, the City's testing agent) during the period the individual who is the subject of the records performs the functions which require the training and for two years after the individual ceases to perform those functions. Confidentiality of Records Laboratory reports or test results shall not appear in a covered employee's general personnel folder, except when a covered employee is disciplined because of the results of those tests. All test results and report information will be contained in a separate confidential medical file that will be kept under the control of the DER. Test results may be disclosed to City management on a need-to-know basis and to the tested covered employee, or to the designated representative of the tested covered employee upon written request from the covered employee. All records will be kept strictly confidential; however, the regulations require that they be made available for inspection at the City within two business days following a request by an authorized person as listed below. P. ACCESS TO RECORDS The following agencies shall have access to all testing records without the verbal or written consent of covered employees: 1. the City of Carlsbad decision-makers in proceedings initiated either by the City or the covered employee as a result of testing; 2. the Department of Transportation or any state or local official with regulatory authority over the City or any of its covered employees; or 3. the National Transportation Safety Board when conducting an investigation of an accident where drug and/ or alcohol testing was performed. 4. All who are listed in FMCSR's (382.405) 16 March 27, 2018 Item #2 Page 101 of 236 Q. TRAINING The City will provide information concerning the City's procedures regarding drug use and alcohol misuse to supervisors and covered employees. City training shall include one (1) hour of training for covered employees and two (2) hours of training for supervisors on the topics required by the Department of Transportation. R. NOTICE TO COVERED EMPLOYEES Covered employees will receive a copy of this policy prior to its effective date. Covered employees who are hired after the effective date shall be given a copy at the time they begin employment with the City. S. COMPLIANCE WITH FEDERAL LAW At all times, the City will comply with the current applicable federal law concerning drug and alcohol testing. Issues or inconsistencies that are not addressed in this policy will be determined by referring to the law and official regulations outlining policies and procedures, etc. relative to the law. Due to the complexities involving the law and this type of policy, not all of the particulars may necessarily be covered in this policy. The City reserves the right to make changes to this policy that are mandated by law at any time. 17 March 27, 2018 Item #2 Page 102 of 236 APPENDIX A LIST OF COVERED CLASSIFICATIONS The following job classifications require or utilize a commercial driver's license, and are therefore subject to the provisions of this policy: PARKS AND RECREATION Bus Driver, part-time (if employee possesses a commercial driver's license) Tree Trimmer I & II Tree Trimmer Leadworker Park Maintenance Worker II (if employee possesses a commercial driver's license) Park Maintenance Worker III (if employee possesses a commercial driver's license) Parks/Trees Supervisor (if employee possesses a commercial driver's license) PUBLIC WORKS Equipment Service Worker (if employee possesses a commercial driver's license) Equipment Technician I (if employee possesses a commercial driver's license) Equipment Technician II Lead Equipment Technician Public Works Supervisor (if employee possesses a commercial driver's license) Maintenance Worker (if employee possesses a commercial driver's license) Street Maintenance Worker II Street Maintenance Worker III Senior Storm Drain Maintenance Worker Sanitation Systems Operator I Sanitation Systems Operator II & III Utility Worker I Utility Worker II Utility Worker III Utilities Supervisor (if employee possesses a commercial driver's license) Wastewater Utility Worker I Wastewater Utility Worker II Wastewater Utility Worker III Revised 3/27/2018 18 March 27, 2018 Item #2 Page 103 of 236 Appendix B DEFINITIONS 1. "Accident" -an incident involving a commercial motor vehicle in which there is a fatality, or a citation was issued and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene. 2. "Actual knowledge" means actual knowledge by an employer that a covered employee has used alcohol or controlled substances based on the employer's direct observation of the covered employee, information provided by the covered employee's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or a covered employee's admission of alcohol or controlled substance use, except as provided in Sec. 3 82.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of covered employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under Sec. 382.307. 3. "Adulterated Specimen" -A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine. 4. "Alcohol" -means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol. References to use or possession of any beverage, mixture or preparation containing ethyl alcohol (including any medication containing alcohol). 5. "Alcohol Test" -A test conducted by a Breath Alcohol Technician, or any other person approved by the DOT rules, using an Evidential Breath Testing Device to measure the amount of alcohol concentration in a volume of breath, or any other test used to detect the presence of alcohol that is approved by the Federal Highway Administration (FHW A). 6. "Alcohol Use" the consumption of any beverage, mixture, or preparation, including any medication containing alcohol. 7. "ASD" -Alcohol Screening Device (a non-evidential tester). 8. "Breath Alcohol Technician (BAT)" -means an individual trained to proficiency and certified in the use of an evidential breath testing device. 9. "Cancelled Test" -means a test has been declared invalid by a Medical Review Officer (MRO) for drug testing or for alcohol under 40.273 (1-3) of 49 CFR. 10. "COL" means a Commercial Driver's License. 11. "CFR" -Code of Federal Regulation. 12. "Chain of Custody" -the procedures used to document the handling of the urine specimen from the time the covered employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen by tracking its handling and storage from the point of specimen collection to its final disposition. 13. "Collection Site" - a place where individuals present themselves for the purpose of providing breath or body fluid to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment of the specimens to a laboratory. 14. "Commercial Motor Vehicle" - a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: 19 March 27, 2018 Item #2 Page 104 of 236 a) Has a gross combination weight of26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or b) Has a gross vehicle weight rating of26,001 or more pounds; or c) Is designed to transport 16 or more passengers, including the driver; or d) Is of any size and is used in the transportation of hazardous materials requiring placards. 15. "Confirmation Test" -for alcohol testing, a confirmation test means a second test following a screening test with a result of0.02 or greater, that provides a quantitative data of alcohol concentration. Confirmation of the screening test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result and air blank, and must sequentially number each test. For controlled substances testing, a confmnation test means a second analytical procedure to identify the presence of specific drug metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen in order to ensure reliability and accuracy. Gas Chromatography/Mass Spectrometry (GCMS) is the authorized confmnation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine. 16. "Controlled Substances/Drugs" for purposes of these procedures, controlled substances or drugs are cocaine, marijuana, opiates, amphetamines, phencyclidine and any other substance determined by the U.S. Department of Transportation to be a controlled substance. 17. "Controlled substance (or Drug) Test" -a method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR 40. 18. "CPL" -Conforming Products List. 19. "DER" -Designated Employer Representative 20. "DHHS" -means the United States Department of Health & Human Services. 21. "DOT" -means the United States Department of Transportation. 22. "Drug & Alcohol Policy" -policy set up by the City of Carlsbad to provide the necessary elements to promote a drug free working enviromnent. Hereinafter referred to as Policy. 23. "EAP" means an Employee Assistance Program provided by the City of Carlsbad to assist its covered employees in dealing with drug or alcohol dependency or other personal problems. 24. "Employee" -means any person employed by the City of Carlsbad. 25. "Employer" -means a person or entity employing one or more employees (including an individual who is self- employed) that is subject to DOT agency regulations requiring compliance with this part. Employer also means the entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals employed by the entity who take personnel actions resulting from violations of this part and any applicable DOT agency regulations. Service agents are not employers. 26. "Evidential Breath Testing Device (EBT)" -a device approved by the NHTSA and placed on NHTSA's Conforming Products List and is used for the evidential testing of breath. 27. "FHW A" -Federal Highway Administration. 20 March 27, 2018 Item #2 Page 105 of 236 29. "FTA" -Federal Transportation Administration 30. "MIS" -Management Information Systems. 31. "Medical Review Officer (MRO)" -a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 32. "NHTSA" -National Highway Traffic Safety Administration. 33. "NIST" -National Institute of Standard and Technology. 34. "Non-negative Test Result (alcohol breath test result)" -an alcohol breath test result between .02 and .039. 35. "NPRM" -Notice of Proposed Rule Making. 36. "On Duty Time" -all time from the time a covered employee begins to work or is required to be available. "On Duty Time" shall include: a) All time at a Carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the covered employee has been relieved from duty by employer, b) All time spent inspecting, servicing, or conditioning any commercial motor vehicle or any equipment at anytime, c) All driving time, d) All time spent, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, e) All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded, f) All time spent performing the covered employee requirements relating to accidents, g) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 37. "Performing a Safety-Sensitive Function" -a covered employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function. 38. "QAP"-Quality Assurance Program. 39. "Refusal to Submit (to an alcohol or controlled substances test) means that a covered employee:" 1) fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. 2) fails to remain at the testing site before the testing process is complete, provided that the covered employee leaves the testing site before the testing process commences. 3) fails to provide a urine specimen for any drug test required by any DOT agency regulations; 4) in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the covered employee's provision ofa specimen; 5) fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure 6) fails or declines to take a second test the employer or collector has directed the covered employee to take; 7) fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under this policy. In the case of a pre-employment drug test, the covered employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment; 21 March 27, 2018 Item #2 Page 106 of 236 8) fails to cooperate (refuses to empty pockets when so directed by the collector or behaves in a confrontational way that disrupts the collection process); 9) is reported by the MRO as having a verified adulterated or substituted test result. Any covered employee who has been determined to have "refused to test" will face the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met. 40. "Safety-Sensitive Function" -any of the following duties: • Operating a revenue service vehicle, including when not in revenue service ( covered employees and others required to operate revenue vehicles as part of their job duties): • Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; • Controlling dispatch or movement of a revenue service vehicle ( dispatchers or those who as part of their job duties fill in for a dispatcher or cross-train): • Maintaining a revenue service vehicle or equipment used in revenue service (mechanics, service mechanics, service helpers, and vehicle washers); • Any other employee required to hold a CDL as part of their job requirements (site Supervisors, Operations Supervisors, Site Office Personnel, etc.) 41. "Substance Abuse Professional (SAP)" -a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor ( certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. 42. "Screening Test (also known as an initial test)" - • In alcohol testing, a screening test means an analytical procedure to determine whether a covered employee may have prohibited concentration of alcohol in his or her system. • In controlled substances testing, a screening test means an immunoassay screen ( or other DHHS-approved test) to eliminate "negative" urine specimens from further consideration. 43. "Service Agent" -any person or entity, other than an employee of the employer, who provides services specified under this part to employers and/or covered employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs, laboratories, MROs, substance abuse professionals, and TP As. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for purposes of this part. 44. "Split Sample" -an additional sample collected with the original specimen, to be tested in the event the original specimen tests positive. 45. "STT" Screening Test Technician. 46. "Substituted Specimen" -a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine. 47. Third Party Administrator (TPA)" -a service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. TPA's typically perform administrative tasks concerning the operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join to administer, as a single entity, the DOT drug and alcohol testing programs of its members. TPA's are not "employers" for purposes of this part. 48. "Verified Negative Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined to have no evidence of prohibited drug use. 49. "Verified Positive Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined to have evidence of prohibited drug use. 22 March 27, 2018 Item #2 Page 107 of 236 Appendix C TESTING PROCEDURES A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES A collector is a trained person who instructs and assists covered employees at a collection site, who receives and makes an initial inspection of the urine specimen provided by those covered employees, and who initiates and completes the Federal Drug Testing Custody and Control Form (CCF). The collector assures the integrity of the specimen and collection process, and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a DOT urine drug screen collection: 1. A restroom or stall with a toilet is provided for the covered employee to have privacy while providing the urine specimen. A source of water for washing hands, or moist towelettes must be provided. 2. Unauthorized persons are not allowed at the testing site during the collection. 3. The collector will prepare the site, taping off water supplies, removing soap and cleaning agents, and will blue the toilet water. 4. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the collector. The covered employee can request the full name and employer of the collector. The collector fills in the Custody and Control Form. 5. The covered employee must remove any outer garments and leave handbags, etc. with the collector. The covered employee may keep his/her wallet and may request a receipt for the belongings left with the collector. The covered employee must also empty his/her pockets and display the items in them. If none of the items can be used to adulterate a specimen, the covered employee may place the items back into his/her pockets. If any of the items could be used to adulterate a specimen and appear to have been brought to the collection site for that purpose, a directly observed collection will be taken. Failure to comply with this requirement constitutes a refusal to test. The covered employee is to wash hands prior to urination. 6. The collector allows the covered employee to select the collection kit, and unwraps or breaks the seal on the container in the presence of the covered employee. 7. The collector instructs the covered employee to provide a specimen of at least 45 ml, not to flush the toilet, and to bring the specimen out to the collector. 8. The collector is to pay close attention to the covered employee during the entire process to note any conduct that clearly indicates an attempt to substitute or adulterate a specimen. The collector ensures the temperature of the specimen falls within the prescribed range, checks the volume, and inspects the specimen for any unusual objects, color or smell. 9. After the covered employee hands the collection container to the collector, the collector unwraps or opens the specimen bottles. The collector pours at least 30 ml of urine from the collection container into one specimen bottle (A), and 15 ml into the other specimen bottle (B). The bottles are closed and the correct seals are placed over each cover. The collector writes the date on each seal and the covered employee initials under each date. 10. With the bottles now sealed with tamper-evident tape, the specimen does not have to be under the covered employee's direct observation and the covered employee is allowed to wash their hands if they desire. 11. The collector completes the collector's portion of the Custody and Control Form, and has the covered employee complete the certification statement in step 5 of copy 2 of the CCF. 12. The collector places the specimen bottles and copy 1 of the CCF inside the plastic pouch and seals both pouches. The covered employee is given copy 5. 23 March 27, 2018 Item #2 Page 108 of 236 13. The excess urine is discarded and the specimen pouch is put in a shipping container. The covered employee is now allowed to leave the collection site. 14. The collector is responsible for ensuring the security and the integrity of the specimen until the courier picks up the specimen for transport to the laboratory. B. PROCEDURES WHEN COVERED EMPLOYEE CANNOT PRODUCE THE REQUIRED AMOUNT OF URINE (SHY BLADDER) The term "shy bladder" refers to a situation when the covered employee does not provide a sufficient amount of urine ( 45 ml) for a DOT required drug test. If a covered employee tells the collector, upon arrival at the collection site, that he or she cannot provide a specimen, the collector must still begin the collection procedure regardless of the reason given. The collector should tell the covered employee that most individuals can provide 45 ml of urine, even when they think they cannot urinate, and direct the covered employee to make the attempt to provide the specimen. If the covered employee provided an initial insufficient specimen, the collector discards the insufficient specimen, and makes a note on the CCF starting the time-line of the "shy bladder" procedure. The collector explains to the covered employee the process for a shy bladder collection and urges the covered employee to drink up to 40 ounces of fluids, distributed reasonably through a period ofup to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. The covered employee must be monitored during this time, and the collector must specifically tell the covered employee that they are not to leave the collection site. If the covered employee leaves the collection site or refuses to make the attempt to provide a sufficient urine specimen, this is considered a refusal to submit to a test. A refusal to test will carry the same consequences as a positive test result. If the covered employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide a specimen, the collector must discontinue the collection, note the fact on the CCF, and immediately notify the DER that the covered employee's inability to provide a specimen will require a medical evaluation. Failure to produce a sample of urine will result in an immediate referral for an evaluation from a licensed physician who can determine in his or her reasonable judgment the safety-sensitive covered employee's inability to provide an adequate amount of urine. Ifno medical reason is found substantiating an inadequate sample, the incident will be treated as a "refusal to test" and will carry the same consequences as a positive test result. Whenever there is reason to believe that a particular individual has altered or substituted the urine specimen, a second specimen shall be obtained as soon as possible under direct observation of a same gender collection site person. Reasons for observed testing include temperature of the specimen out of normal range, discoloration or unusual odor of the sample or suspicious behavior. C. GENERAL BREATH ALCOHOL TESTING PROCEDURES A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a DOT breath alcohol test. The BAT will instruct and assist the covered employee in providing a breath alcohol sample, and will complete the Federal DOT Breath Alcohol Testing Form (ATF). The BAT assures the integrity of the test and testing process and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a DOT breath alcohol test: 1. The collection site must afford visual and aural privacy to the covered employee, sufficient to prevent unauthorized persons from seeing or hearing test results. 2. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the BAT. The covered employee can request the full name and employer of the BAT. The BAT explains the testing process and completes step 1 of the ATF. 24 March 27, 2018 Item #2 Page 109 of 236 3. The BAT then directs the covered employee to complete step 2 of the ATF and sign the certification. If the covered employee refuses to sign this certification, the BAT will note this on the ATF, and immediately notify the DER. This is a refusal to submit to testing. 4. The BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test number. The covered employee is to see the blank test is 0.0 and to confirm the test number for his/her test. 5. The BAT will select and open a sealed mouthpiece and insert it into the EBT. The covered employee is now instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained. (If after two attempts an insufficient amount of breath is provided, the test is cancelled, the result noted on the A TF, and the DER notified. This is a refusal to submit). 6. The BAT will show the covered employee the test result and complete step 3 of the ATF. The printed result will be initialed by the covered employee and affixed to the ATF with tamper evident tape. The result will also be entered into the logbook. 7. If the test result is less than .02 the test is complete. The covered employee is given copy 2 of the ATF and is allowed to leave the test site. 8. If the initial screening test is greater than .02 breath alcohol content, the covered employee must submit to a confirmation test. 9. The covered employee must be observed for 15 minutes at which time they are not allowed to eat, drink, or put any substance in their mouth and to the best extent possible, not belch. This waiting period is required to prevent any accumulation of mouth alcohol leading to an artificially high reading. 10. After 15 minutes but before 30 minutes the covered employee will submit to a confirmation test conducted the same as the screening test. 11. Confirmation test results shall be deemed to be the final result upon which any action under operating administration rules shall be based. D. PRE-EMPLOYMENT TESTING PROCEDURES The FTA regulations require that all applicants for employment in safety-sensitive positions or individuals being transferred to safety-sensitive positions from non-safety-sensitive positions must be given pre-employment drug tests. 1. Applicants may not be hired or assigned to a safety-sensitive function unless they pass a drug test. 2. Applicants will be informed in writing of the testing requirements prior to conducting the test. 3. All drug test results must be reviewed by the Medical review Officer (MRO). 4. Applicants that initially test positive are notified of the results by the MRO and are given an opportunity to discuss the results. E. REASONABLE SUSPICION TESTING PROCEDURES The FTA regulations also require a safety-sensitive covered employee to submit to a test when the employer has a reasonable suspicion that the safety-sensitive covered employee has used a prohibited drug or has misused alcohol as defined in the regulations and company policy. The request to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive covered employee. 25 March 27, 2018 Item #2 Page 110 of 236 3. The safety-sensitive covered employee will be taken to the collection site and tested as soon as practicable following the accident. The breath alcohol test should be perfonned within two hours of the accident. If the breath alcohol test is not perfonned within two hours, the supervisor shall prepare and maintain on file a record stating the reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours following the accident, the supervisor shall cease all attempts and update the records accordingly. The safety- sensitive covered employee should remain readily available for breath alcohol testing for up to eight hours following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or he/she may be deemed to have refused to submit to testing. The City of Carlsbad will document all accidents of covered employees and their decision whether to test under FMCSA's rule or The City of Carlsbad's authority. 4. If the safety-sensitive covered employee is injured and needs medical treatment, provisions will be made to perform an alcohol test within eight hours and a drug test within 32 hours of the accident. 5. The safety-sensitive covered employee is prohibited from using alcohol for eight hours, prior to testing. 6. Pending the results of a drug test, the safety-sensitive covered employee will be returned to his/her safety-sensitive position if medically cleared to be returned to work, on a case-by-case basis. In the interest of safety, the supervisor, or designee, may transfer a safety-sensitive covered employee to a non-safety-sensitive status pending the results of the test. 7. If the safety-sensitive covered employee is tested for alcohol, and the test is positive (.04 or greater), the safety- sensitive covered employee will be removed from duty and referred to the SAP. If the test is .02 -.039, the safety- sensitive covered employee will be removed from duty for at least 24 hours. 8. If the safety-sensitive covered employee refuses to be tested or if the test is confirmed positive, the safety-sensitive covered employee is removed from duty and referred to the SAP. 9. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. G. RANDOM TESTING PROCEDURES The FTA regulations require random testing for prohibited drugs and alcohol misuse for all safety sensitive covered employees. Random testing identifies covered employees who are using drugs or misusing alcohol but are able to use the predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing serves as a strong deterrent against covered employees beginning or continuing prohibited drug use and misuse of alcohol while on the job. 1. Random drug and alcohol testing only applies to safety-sensitive covered employees. An identification number (commonly your SS#) will be included in a selection pool. 2. Random drug and alcohol testing is accomplished by a scientifically valid, tamper-proof, computer-generated selection process. The City of Carlsbad will randomly select individuals for testing through a random test selection program without showing discrimination. The program uses a special algorithm, which helps to avoid potential concerns a covered employee may have concerning selection for a random test. When selected by random, covered employees/leased drivers will submit to testing innnediately at a pre-established place or "On Location" testing site. A surplus will be randomized to allow for selected covered employees who are not available. "Not available" is limited to covered employees who are not at work due to vacation, sick leave, disability, or scheduled time off. This does not mean that the covered employee cannot be tested when they return to work. 3. At the time of random selection, a primary list containing the names of the covered employees selected for random drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No covered employee will be removed from the random pools following selection, and every covered employee will 27 March 27, 2018 Item #2 Page 112 of 236 continue to be subject to selection throughout the year. Every covered employee in the random pool has an equal chance of being selected every time. 4. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including weekends so long as The City of Carlsbad is in operation or a safety-sensitive covered employee is conducting safety-sensitive functions. No shift is exempt from testing. 5. The total number of alcohol tests completed annually must equal at a minimum of 10% of the average number of eligible safety-sensitive covered employees in the random pool. The total number of drug tests completed each year must equal at a minimum of 50% of the average number of safety-sensitive covered employees. 6. Random drug testing may be conducted concurrently with random alcohol testing or at any time during a covered employee's shift. Random alcohol testing will be conducted just before the covered employee is scheduled to perform a safety-sensitive function, while the covered employee is performing safety-sensitive functions or just after the covered employee performs a safety-sensitive function. The covered employee must proceed to the test site immediately after being notified that he or she has been selected for testing. 7. A manager or supervisor will notify safety-sensitive covered employees of their random selection. If applicable, a supervisor shall document a covered employee's random test notification. Once notified, the safety-sensitive covered employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a positive test result. 8. If there is a confirmation breath alcohol test of between .02% and .039%, the safety-sensitive covered employee will be relieved from duty immediately. The safety-sensitive covered employee will not be permitted to perform or continue to perform safety-sensitive functions, until the start of the safety-sensitive covered employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test. 9. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the covered employee will be removed from safety-sensitive duty immediately. The safety-sensitive covered employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test. 10. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. If, for some reason a covered employee who has been selected for a random test, but is not able to take the test in the allotted time frame, documentation will be made and forwarded to the Third Party Administrator for proper documentation of why the test was not performed. H. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES Before any safety-sensitive covered employee can be allowed to return-to-duty to perform a safety-sensitive function following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive covered employee must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP. Return-to-duty Testing 1. If a safety-sensitive covered employee tests positive (.04 >) for alcohol or positive for prohibitive drugs, refuses to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the covered employee and prescribe a rehabilitation program at which time the covered employee must complete and then be re-evaluated by the SAP to determine whether the covered employee may be released to be considered for return to a safety-sensitive position. 2. The SAP will schedule the safety-sensitive covered employee for a return-to-duty drug and/or breath alcohol test. If the return-to-duty drug and/or alcohol test is positive, it counts as a second positive. 28 March 27, 2018 Item #2 Page 113 of 236 3. If the return-to-duty drug test is positive, a split sample can be analyzed if requested by the safety-sensitive covered employee. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive covered employee will not be returned to duty and the test is considered a second positive. 4. Safety-sensitive covered employees who test positive for drugs or alcohol on a return-to-duty test will be subject to disciplinary action up to and including tennination. Follow-up Testing 1. Once a covered employee returns to a safety-sensitive position, the covered employee shall be subject to unannounced follow-up testing for at least 1 year but no more than 60 months. The type, frequency and duration of the follow-up testing will be recollllllended by the SAP; however, a minimum of six tests shall be performed during the first 12 months after the safety-sensitive employee has been returned to duty. Follow-up testing does not exclude a covered employee from the random testing program. This means that a safety- sensitive covered employee is subject to random testing as well as follow-up testing and could occur at the same time or the same day or thereafter. 2. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive covered employee performs a safety-sensitive function. 3. If any follow-up drug and/or alcohol test is verified positive, the safety-sensitive covered employee will be illllllediately removed from the safety-sensitive position. Disciplinary action will be imposed up to and including termination. 29 March 27, 2018 Item #2 Page 114 of 236 CCEA MEMORANDUM OF UNDERSTANDING l/l/~2018 to 12/31/2-01-+2020 TABLE OF CONTENTS Foreword .............................................................................................................. Page Preanible .............................................................................................................. Page Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Exhibit 2 March 27, 2018 Item #2 Page 115 of 236 CCEA Memorandum of Understanding Table of Contents Page2 Article 39 Dispute Resolution Procedure ................................................ Page 32 Article 40 Alcohol and Drug Policy ....................................................... Page 3 8 Article 41 Access to Information ............................................................ Page 42 Article 42 Communications .................................................................... Page 42 Article 43 Legal Representation ............................................................. Page 43 Article 44 Layoff. .................................................................................... Page 43 Article 45 Carlsbad Municipal Water District ........................................ Page 45 Article 46 Full Understanding, Modification & Waiver.. ....................... Page 46 Article 47 Provisions of Law .................................................................. Page 46 Article 48 Retention of Benefits ............................................................. Page 4 7 Article 49 Non-discrimination Clause .................................................... Page 47 Article 50 Americans With Disabilities Act ........................................... Page 4 7 Article 51 Life Insurance and Voluntary Benefits .................................. Page 4 7 Article 52 Special Housing Facilities ...................................................... Page 47 Article 53 Contracting Out Work ............................................................ Page 50 Article 54 Pay for Performance GuidelinesPay Ranges ......................... Page 51 Article 55 Standby ReopenerSurvey Market .......................................... Page 63 Article 56 Reopen er ................................................................................ Page 63 Attachment A Salary Schedule -General Employees Attachment B Benefits Retained by CMWD Employees Attachment C CMWD Salary Schedule and Job Classification Attachment DC Compensation and Benefits Summary -CCEA Represented Employees Attachment ED Requirements, Attachment FE Working a Reduced FTE Schedule Maerkle Reservoir, Dam, Treatment Facility and Site Steward Responsibilities and Agreement to Terms of Assignment Separation Agreement and General Release ii March 27, 2018 Item #2 Page 116 of 236 Foreword MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees' Association The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City"), and the designated representatives of the Carlsbad City Employees' Association (hereinafter referred to as "CCEA" or "Association"). Preamble It is the purpose ofthis Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the general employees covered under this Memorandum, as shown on Attachment A and Attachment C; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. Article 1 Recognition The City of Carlsbad recognizes CCEA as the exclusive majority representative for all classifications in this unit, as set forth in Attachment A, pursuant to the petition for formal recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with the Carlsbad Municipal Code. Attachment C lists additional classifications added to this unit. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council acts, by majority vote, formally to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum of Understanding shall be from January 1, ~2018, through December 31, W-!+2020. March 27, 2018 Item #2 Page 117 of 236 Article 4 Renegotiation In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to initially meet not less than forty-five (45) calendar days and no more than six months prior to the expiration of the Memorandum of Understanding, if possible. Article 5 Authorized Agents For the purpose of administering the terms,and provisions ofthis Memorandum: A. 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) 602-2440), except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CCEA authorized representatives shall be its President, its Board of Directors, or a CCEA member in good standing who has been designated as an authorized CCEA representative in writing by CCEA's President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carlsbad, CA 92008). C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the CCEA designated staff representatives. CCEA will notify Human Resources of the organization, contact name, and address whenever a change is made. Article 6 No Strike and No Lockout A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this agreement, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6, A. D. Association Official Responsibility. Each employee who holds the position of officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provision of this article, the Association agrees to inform its members of their obligations under this agreement and to direct them to return to work. 2 March 27, 2018 Item #2 Page 118 of 236 Article 7 City Rights The rights of the City include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, committees, and boards; set standards of service; determine procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 8 Employee Rights A. Employees of the City shall have the right to form, join and participate in the activities of CCEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. B. No employee shall be interfered with, intimidated, restrained, ·coerced or discriminated against by the City, CCEA or other employee organization(s) because of the exercise of his/her rights under this Article. C. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the City, on any matter of Employer-Employee Relations. D. CCEA shall be provided notice of the results of such individual Employee-City meetings. Article 9 Association Rights A. The City recognizes the right of CCEA to govern its internal affairs. B. The City agrees to include a one page CCEA "Information Sheet" in the orientation packet for newly hired employees in positions represented by CCEA. The City and CCEA agree that the purpose of the "Information Sheet" is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the "Information Sheet" shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the "Information Sheet." Prior to distribution the "Information Sheet" must be approved by the Human Resources Director. Should the City have less than ten (10) CCEA information sheets on hand, it shall notify CCEA so that CCEA can ensure that the City has adequate information sheets on hand for new hires. C. The City will furnish bulletin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The City may remove CCEA material only in 3 March 27, 2018 Item #2 Page 119 of 236 the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to CCEA. Bulletin boards shall be located at: 1) City Hall Employees' Lounge, 2) Library Employees' Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday Employees' Lounge, 6) Safety Center Employees' Lounge, 7) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk's Office, and 11) the Senior Center. By mutual agreement additional locations may be added. CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the City for the exclusive use by CCEA. D. Twice annually, within thirty (30) calendar days of written n;quest from CCEA, the City agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared. E. CCEA shall provide and maintain with the City a current list of the names and all authorized representatives of the CCEA. An authorized representative shall not enter any work location without the consent of the Department Head or his/her designee or the City Manager or his/her designee. The Department Head or his/her designee shall have the right to make arrangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access. F. CCEA may, with the approval of the Human Resources Department, be granted the use of City facilities for after hour meetings. G. CCEA shall be allowed to designate employee representatives to assist employees in preparing and processing grievances; and preparing and presenting material for disciplinary appeals hearings. CCEA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. 4 March 27, 2018 Item #2 Page 120 of 236 Designated employee representatives requesting time off under this article shall direct such request to his/her immediate supervisor in writing within a reasonable time period to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. H. CCEA may select members of the organization to attend scheduled meetings with the City staff on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the City may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the City at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Department Head or other authorized City management official. (2) That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. Article 10 Confidential Employees Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees: • may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures), • may not provide information related to or participate in labor negotiations on behalf of CCEA, • and may not disclose information obtained in their job duties to bargaining unit members or any employee organization unless required by their job. This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA. The following positions are designated as confidential: 1) Human Resources Department: all CCEA-represented positions in this department 2) City Manager's Office: all CCEA-represented positions in this department 3) City Attorney's Office: all CCEA-represented positions in this department 5 March 27, 2018 Item #2 Page 121 of 236 4) Finance Department: Administrative Secretary, Accountant and Accounting Technician assigned to payroll responsibilities, Business Systems Specialist, Secretary 5) Information Technology Department: Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions. The City may create new confidential positions. In such cases, the City will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. Article 11 Payroll Deductions/Agency Shop A. The City shall withhold deductions in amounts designated by CCEA members providing changes do not occur more frequently than once each fiscal year. B. AGENCY SHOP All bargaining unit employees are required to be dues paying members of the Association, or pay a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a designated charitable organization. 1.0 Covered Employees All employees covered by the Memorandum of Understanding between the City and the Association are considered covered employees under this Article. 2.0 Agency Fee 2.1 The amount of the agency fee will be determined annually by the Association in accordance with Government Code section 3502.5. It will not exceed the standard initiation fee, period dues, and general assessments of the Association. 2.2 At least thirty (30) calendar days prior to any increase in the amount of the fee, and annually thereafter, each employee covered by this Agreement will receive written notice from the Association indicating: 2.2.1 The amount of the agency fee (expressed as a percentage of the annual dues per member based upon the chargeable expenditures identified in the notice); 2.2.2 The basis for the calculation of the agency fee, which will be supported by an independent audit; 6 March 27, 2018 Item #2 Page 122 of 236 2.2.3 A statement informing the employee about the existence of the independent audit and its availability to the employee upon request; and 2.2.4 The procedure for appealing all or any part of the agency fee. 2.2.5 The Association will also provide the notice referenced in this section and a copy of the Association bylaws to Human Resources to be given to new employees at their orientation. 2.2.6 The Association's appeal procedures shall comply with the requirements established by State and Federal law. 3.0 Escrow of Agency Fees in Dispute 3 .1 The Association will open an account in an independent financial institution in which to place in escrow agency fees collected from employees who have made timely objections under the Association's appeal procedures. 3 .2 The escrowed agency fees will not be released until after either: 3.2.1 Mutual agreement between the objecting employee and the Association has been reached on the proper amount of the agency fee; or 3 .2.2 A final decision has been rendered by the impartial decision maker ( or the courts, if judicial review is sought under Code of Civil Procedure section 1094.8). 3 .3 The Association will pay interest at the prevailing rate on all rebated fees. 4.0 Religious Exemptions In lieu of paying the agency fee, an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee associations may pay an amount equivalent to the agency fee to one of the following nomeligious, non-labor charities: United Way Special Olympics Carlsbad Educational Foundation The employee must provide proof of payment to the City and the Association on a monthly basis. The Association may also require the employee to provide the Association with proof of membership or of continued membership in the religion, body, or sect upon which the religious exemption is based. 5.0 Payroll Deduction Process 5.1 In the event an employee submits an objection to the amount of the agency fee or there is a dispute regarding the employee's religious exemption claim, the employee will be informed that an amount equal to the agency fee will be deducted from the employee's salary 7 March 27, 2018 Item #2 Page 123 of 236 and placed in an escrow account referred to in section 3.0 above pending the final determination of the objection or validity of the exemption. At the conclusion of the process, the escrowed funds will be disbursed appropriately. 5 .2 If, after deductions commence, a dispute arises between the employee and the Association over the amount or propriety of the agency fee, deductions will continue to be made and the disputed fees will be placed in an escrow account in accordance with section 3.0 above. 5.3 All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over agency fee deductions. No agency fee deduction will be made from an employee's paycheck unless the employee's earnings are sufficient to cover the agency fee after all other legal and required deductions are made. 5.4 If there is a non-disputed change in the exclusive representative for all or a portion of the covered employees, the City will transmit the agency fees deducted from the paychecks of those employees to the new representative without interruption. If there is a disputed change in the exclusive representative for all or a portion of the covered employees, the City will place the agency fees deducted from the paychecks of those employees in an interest- bearing accounting pending final resolution of the dispute. 6.0 Records and Reports The Association will keep itemized records of its financial transactions. In addition, annually, within sixty (60) calendar days after the end of its fiscal year, the Association will make available to the City and to all represented employees a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. 7.0 Indemnification The Association agrees to defend, indemnify and hold the City (including its Water District and Redevelopment Agency and their officers, employees, agents, and elected or appointed officials) harmless from all claims, demands, losses, damages, disputes, obligations, liabilities, expenses (including attorney fees), or other actions arising out of or relating to this Agreement or the agency shop arrangement. Article 12 Compensation Adjustments The pay for performance base pay matrix (described in Article 5 4) for 12/31/2015 will be funded at four percent (4%). The pay for performance base pay matrix (described in Article 5 4) for 12/31/2016 1.vill be funded at four percent (4 %). The pay for performance base pay matrix (described in Article 5 4) for 12/31/2017 will be funded at four percent (4 %) . 8 March 27, 2018 Item #2 Page 124 of 236 Effective January 1, 2019, all CCEA employees shall receive a three percent (3%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. Effective January 1, 2020, all CCEA employees shall receive a three percent (3%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. The City will continue its practice of periodically reviewing classification specifications and salaries. Article 13 Distribution of Paychecks CCEA employees are not required to receive payroll funds through electronic deposit. Employees who provide written authorization for such electronic deposit, shall receive a Statement of Earnings (pay stub) through an electronic pay system. The electronic pay system will permit employees to view/print current and previous bi-weekly pay stubs. The Employer will provide training for all employees, as necessary in the use of the electronic pay system. For those employees who do not provide written authorization for an electronic deposit of their payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the Friday following the electronic pay date or as soon as administratively possible if there is not an Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required. The City shall make every reasonable effort to resolve payroll errors during the next pay period, and to provide additional sums (when warranted) with the following payroll. The City agrees to meet with the CCEA at mutually acceptable times and places to review payroll related problems affecting more than one bargaining unit member. Article 14 Overtime 1. Overtime Any employee required to perform in excess of forty ( 40) hours in a seven (7) day cycle and/or in excess of an employee's scheduled work day shall receive compensation at the rate of time and one-half his/her regular rate of pay, except as outlined in Section 2 below. The regular rate of pay shall be calculated in conformance with the FLSA. In determining an employee's eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. 9 March 27, 2018 Item #2 Page 125 of 236 Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Request for Temporary Shift Adjustment (Flex Time) An employee may request that the employee's normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee's FLSA work week and same pay period without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate. The FLSA work week for employees on a 9/80 schedule begins four (4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty eight (168) hours later (at four (4) hours after the regularly scheduled starting time for their Friday shift). For all others the work week is from Monday at 12:00 a.m. to Sunday at 11 :59 p.m. 3. Call Back Pay Call back duty occurs when an employee is ordered requested and accepts the request to return to duty on a non-regularly scheduled work shift. Call back does not occur-and regular overtime rules and pay apply (e.g., no minimum) when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift or if the assignment has been scheduled in advance and the employee is provided with at least twenty four (24) hours notice of said assignment. Coming Back To Work If the employee has to come to work to resolve the problem, (i.e., the work is not completed remotely via phone/computer) the employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time the employee begins their commute to work. The employee shall be paid for travel time to and from the call back assignment up to a maximum total travel time (to and from) of three (3) hours. Travel time is included as part of the call back minimum compensation. Mileage reimbursement for expenses to the work site will not be compensated. Some example scenarios are shown below. Example 1 Time spent commuting to work is 2 hours Time spent at work is 1 hour Time spent commuting back home is 2 hours Total paid time for this scenario would be 4 hours (maximum 3 hours for commute/travel time plus 1 hour at work). Example 2 Time spent commuting to work is 15 minutes Time spent at work is 30 minutes Time spent commuting back home is 15 minutes Total paid time for this scenario would be 2 hours (the minimum call back pay). Example 3 10 March 27, 2018 Item #2 Page 126 of 236 Time spent commuting to work is 1 hour Time spent at work is 1 hour Time spent commuting back home is 1 hour Total paid time for this scenario would be 3 hours. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time of the page, . except an employee shall not be entitled to said minimum if the assigmnent has been scheduled in advance and the employee is provided with at least seven (7) calendar days' notice of said assignment. Performing the Work Remotely The t\vo (2) hour minimum also 1.vill not apply if the \1trork is perfonned on the phone or remotely via computerlf the work is performed remotely via phone/computer and takes 30 minutes or less to complete, in vlhich case the employee shall be credited for a minimum of thirty (30) minutes work commencing at the time the employee begins the callback work. If an employee receives multiple calls/messages and completes the work related to all of those calls/messages remotely and via phone/computer within the same thirty (30) minute period, the employee shall be credited for a minimum of thirty (30) minutes work. 4. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off on a time and one-half basis. No employee shall accrue more than eighty (80) hours of such compensatory time. Should any employee exceed eighty (80) hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. At any time an employee may elect to "cash out" any portion of his/her accrued compensatory time balance at his/her regular rate of pay by requesting this "cash out" on his/her time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 5. Overtime Authorization All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. 11 March 27, 2018 Item #2 Page 127 of 236 6. Clothes Changing Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence and work. Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunch time. Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever. 7. Training Time Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq. Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq. When feasible, the Department will adjust the employee's work schedule to minimize the impact of travel and training time. Travel time to and from local work-related training either before, during or after regularly scheduled work hours shall be compensated for all CCEA employees regardless of whether the employee is a driver or passenger. For the purposes of this section, "local" refers to work related training taking place in San Diego, Imperial, Orange, Riverside, San Bernardino and Los Angeles Counties. 8. City Vehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. Refer to Administrative Order No. 3 for more information regarding use of City vehicles. This provision also applies in those situations where the radio must be left on and monitored. 9. Court Pay When an employee is physically called to court for City-related business, while off duty, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for the court appearance. 12 March 27, 2018 Item #2 Page 128 of 236 Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. 10. Standby Pay "Standby assignment" requires an employee to: a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department; b. Wern· a City provided pager and cCarry a City provided cellular phone during standby assignment; c. Respond, to a page-call/message by telephone promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Thereafter, cCallback shall be handled in accordance with each department's standby/callback policy; d. Each department's standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring. In addition, the City shall provide training for the supervisors and managers responsible for administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; e. Abide by the City's Alcohol and Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rules and regulations set forth by the Department of Transportation (DOT); f. Wear appropriate clothing, safety equipment, and any other form of City identification as defined by the department when making a callback response from standby assignment; g. Accept $35.00 per day for each day on standby assignment (effective the first day of the pay period follmNing City Council approval of this MOU) . .,_ h. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. i. The Information Technology Department Standby Policy dated March 25, 2002 1,Nill be eliminated and the department 1.vill stop using/scheduling standby rotation at a time to be determined by the Information Technology Director, no earlier than March 1, 2015. 13 March 27, 2018 Item #2 Page 129 of 236 The Information Technology Department will implement standby duty upon ratification of this MOU and in accordance with the Information Technology Department Standby Policy dated February 23 , 2018. Article 15 Working Out of Classification and Temporary Upgrade Pay- Whenever the needs of the City require an employee to temporarily perform 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) calendar days, the employee shall be designated as being in an out-of-class assignment and shall receive additional temporary upgrade pay while in the out-of-class 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%) greater than his/her current base salary. Subsequent to designation in an out-of-class assignment, in the event that the situation changes and the City does not need the employee to serve in an out-of-class assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at least twenty-one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she shall receive not less than 2.5% temporary upgrade additional pay. The temporary upgrade additional pay shall commence on the twenty second (2200jfirst ( 1 s~ calendar day follov;ing of the temporary reassignment of the performance of duties of the higher elassificationout-of-class assignment. The recommendation that an employee be required to perform duties of the higher elassificationplaced in an out-of-class assignment shall be placed p!!!_in writing by the affected Department Head and submitted to the Human Resources Director for approval. The employee assigned to perform the duties of a higher classification shall not serve for more than one hundred and eighty (180) calendar days in an out-of-class assignment a- higher elassification unless approved by the City Manager or his/her designee. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their out of class assignment shall cease on the twenty-second (22nd) day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of the day the employee returns to work. A person appointed in an out-of-class assignment acting capacity shall be eligible to receive merit increases in his/her regular position during the out-of-class assignmentacting appointment. The Human Resources Director shall obtain the employee's consent for the temporary performance of any of the duties of the higher classification beyond a period of twenty-one (21) 14 March 27, 2018 Item #2 Page 130 of 236 calendar days, prior to the employee's assuming or continuing the duties and additional compensation, which consent shall clearly state that it is understood that a reduction in salary shall be effected to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. The Association may present to the Human Resources Director specific facts which support that an employee is performing the duties of a higher classification. The Human Resources Department will conduct a study and provide the Association with the findings of the classification study. Should the study determine the duties to be of a higher, lower or comparable existing classification, a proposed solution to the situation will be offered. The proposed solution may include, among other alternatives, that the work be managed in an alternative manner or that the position be reclassified to reflect the work being performed. The reclassification of a position will be approved in accordance with the personnel rules. Article 16 Injured on Duty Occupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work. Any general employee that sustains a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period ofup to forty-five (45) calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre- existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the employee will not be entitled to any occupational sick leave benefit which exceeds the original maximum of forty-five ( 45) calendar days. The City reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including pre-designated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers' compensation matters and/or FMLA/CFRA matters. An employee who is still temporarily disabled after the forty-five (45) calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the City shall supplement the State rate, up to the employee's full salary level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee's accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period. Wages alone will be the basis of computation for occupational sick leave. Article 17 Bilingual Pay The City will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $40.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is the sole discretion of the City. 15 March 27, 2018 Item #2 Page 131 of 236 In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test in the Spanish language as determined appropriate by the City. This Article shall not be subject to the grievance procedure. Article 18 Uniforms and Equipment A. The City shall continue to provide and maintain uniforms in the maintenance departments. B. Employees shall be responsible for proper care and maintenance of uniforms. C. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the City. D. The City shall continue to purchase safety boots or safety shoes for classifications as determined by the City. The City shall establish, subject to consultation with the affected employees, a voucher system to purchase safety footwear from City-approved vendors. Individual acquisitions made outside the voucher system must be pre-approved for reimbursement after review by the employee's supervisors. Acquisition of safety footwear shall be limited to a maximum of two (2) times per year not to exceed a cost of one hundred fifty dollars ($150) per acquisition. In special circumstances as determined and pre-approved by the employee's supervisor, safety footwear acquisition requiring an expenditure over one hundred fifty dollars ($150) may be made one (1) time per year, not to exceed a cost of two hundred dollars ($200). E. The City will reimburse any employee who is required to wear safety glasses and/or goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of prescription lenses for such glasses and/or goggles, subject to the following conditions: 1. The employee must present an appropriate receipt; 2. Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician; 3. The City will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses and/or goggles have been damaged; and 4. Glasses and/or goggles for which the City has provided reimbursement shall only be used while performing work for the City. F. Value of Uniforms reported to CalPERS The City shall report the biweekly amount of $1. 92 as special compensation related to the monetary value of the required uniforms for employees in the following positions: 16 March 27, 2018 Item #2 Page 132 of 236 1. Building Maintenance Worker I/II 2. CMWD Construction & Maintenance Worker II 3. CMWD System Operator II 4. CMWD Water Conservation Specialist 5. Cross Connection Control Technician 6. Custodian /Custodian II 7. Environmental Specialist I/II 8. Equipment Service Worker 9. Equipment Technician I/II 10. Lead Equipment Technician 11. Maintenance Aide in the Parks Division 12. Maintenance Worker in Parks and Streets Departments 13. Meter Services Worker I/II/III 14. Park Maintenance Specialist 15. Park Maintenance Worker II/III 16. Sanitation Systems Operator I/II/III 17. Scada Technician 18. Senior Building Maintenance Worker 19. Senior Cross Connection Control Technician 20. Senior Environmental Specialist 21. Storm Drain Maintenance Worker 22. Street Maintenance Worker I/II/III 23. Tree Trimmer I/II 24. Tree Trimmer Leadworker 25. Utility Worker I/II/III 26. Warehouse Technician 27. Water Conservation Specialist 28. Water Systems Operator I/II/III Under PEPRA, this benefit does not apply to nevi membersis not reported to CalPERS as special compensation for new members. Article 19 Tool Reimbursement This article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Lead Equipment Technician, Equipment Technicians and Equipment Service Workers. Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City facility or some other catastrophe or accident not due to the employee's negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee's possession at work, including those tools over and above the "essential tool list," must be on file with the Superintendent. The City has the right to request that a specialized tool(s) not be kept in the employee's inventory. 17 March 27, 2018 Item #2 Page 133 of 236 The City will reimburse the employees in the above classifications up to five hundred fifty ($550) dollars in a fiscal year for the cost of tools, subject to the following conditions: 1) The employee must present an appropriate original receipt; 2) Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year. Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar maximum, will be incorporated into the employee's regular payroll check and treated as taxable mcome. It is the responsibility of the Management to direct the administration of the tool reimbursement and: A. Provide a list of "essential tools" which define the full inventory of tools required for employees to be eligible for tool reimbursement. B. Recommend revisions to the "essential tools" and to meet the requirements of current skilled trades technology. C. Informally agree with members of the shop when considering adding tools to the "essential tool list." Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as "essential tools." Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all "essential tools." The appropriate supervisor during the month of August will: A. Review the personal tool inventory as meeting the requirements of "essential tools." B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the "essential tools" list on an item-by-item basis. In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees. Article 20 Vacation Every probationary and regular full time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily ( calendar day) basis. Vacation leave can be used in 15 minute increments. 18 March 27, 2018 Item #2 Page 134 of 236 A. Basis of Accrual Accrual of vacation begins with the first working day following appointment and thereafter accrues on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service -13 minutes/day. • Beginning the sixth (6th) year of employment through the completion often (10) full calendar years of continuous service -20 minutes/day. • Beginning the eleventh (11th) year of employment through the completion of eleven (11) full calendar years of continuous service -21 minutes/day. • Beginning the twelfth (12th) year of employment through the completion of twelve (12) full calendar years of continuous service -22 minutes/day. • Beginning the thirteenth (13th) year of employment through the completion of thirteen (13) full calendar years of continuous service -24 minutes/day. • Beginning the fourteenth (14th) year of employment through the completion of fifteen (15) full calendar years of continuous service -25 minutes/day. • Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. B. Vacation Accrual Maximum All employees shall be entitled to earn and accrue up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum. Department Heads shall encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Department Head and the City Manager. The Department Head and the City Manager may grant such request if it is in the best interest of the City. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. C. Vacation Conversion Once in each February, during a pay period to be determined by the City Manager or his/her designee, employees will be allowed to voluntarily convert up to eighty (80) hours of accrued vacation to cash, provided that they have used at least eighty (80) hours of vacation during the prior calendar year. D. Effects of Holiday on Vacation Leave 19 March 27, 2018 Item #2 Page 135 of 236 In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. This is subject to the provisions in A:1iicle 21 (Holidays). E. Effect of Leave of Absence on Accrual of Vacation Leave An employee's accumulation of vacation leave will cease after the completion of two (2) full scheduled pay periods in which the employee has not received compensation due to a leave of absence vv'ithout pay. Accrual ·.vill be reinstituted beginning the first day the employee has returned to v,rork. Refer to Article 25.3 for the effect of a leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from City service. This clause shall not limit the City's right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide one week notice in advance of the day(s) he/she is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. · Vacation Payout An employee separating from the City service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. Article 21 Holidays A. Authorized Holidays The City shall observe~ eleven (11) scheduled paid holidays.,. plus one (1) floating holiday for employees assigned to eight hour per day five days per ·.veek ·.vorkweeks and employees participating in the 9/80 alternative work schedule. The City shall observe eleven (11) scheduled holidays for employees assigned to ten hours per day four days per week v;ork.:veeks. The floating holiday may be used at the discretion of the employee \vith prior approval of the Department Head. 20 March 27, 2018 Item #2 Page 136 of 236 The scheduled paid holidays that will be official City holidays shall be 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 One (1) Floating Holiday per fiscal year Only those who are on employed status on their last scheduled work day before a holiday shall be entitled to the paid holiday except where otherwise required by law. Effective July 1, 2018, all CCEA employees will receive one floating holiday per fiscal year, each year on July 1st. Effective July 1, 2019, all CCEA employees will receive two floating holidays per fiscal year, each year on July 1st. The floating holiday may be used at the discretion of the employee with prior approval of the Department Head. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment. Effective 7/1/2017, the floating holiday will be eliminated for all employees who were receiving it prior to that date. B. Procedure if Holiday Falls on Saturday or Sunday For those employees v.rhose normal v1ork week is Monday through Friday, wWhen a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. The City shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official City holidays. C. When a Holiday Falls on a Regularly Scheduled Work Shift When a holiday falls on an employee's regularly scheduled work shift, the employee is entitled to be absent that day and receive holiday pay at straight time equal to the number of hours in his/her regular work shift. If the employee's supervisor requests that the employee work on that holiday, the employee may, with the supervisor's approval, choose one of the following two options. 21 March 27, 2018 Item #2 Page 137 of 236 Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on the holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. C. Employees Required to Vlork on Holidays 1. Any employee who shall be required to work on any holiday which he/she is entitled to take off under the provisions hereof shall receive compensation therefore at the rate of time and one half their FLSA regular rate for actual hours worked plus eight (8), nine (9), or ten (10) hours of holiday pay, as applicable. ___ All employees 1.vho are entitled to be absent on any holiday, and who in fact are absent, shall receive full compensation, therefore, at the straight time rate on the next scheduled ·.vork shift. 2. Those employees whose work schedules and assignment of duties require them to work on an authorized holiday shall receive eight (8), nine (9), or ten (10) hours of holiday pay, as applicable, for such work week at the same rate of pay at v,hich they are employed, in addition to their normal pay for the time worked. D. When a Holiday Falls on an Employee's Whose Regular Day Off Falls On a Holiday If a holiday occurs on a day which is the employee's regular day off he/she shall be entitled to holiday pay in the amount of eight (8), nine (9), or ten ( 10) hours, as applicable, at straight time. When a holiday occurs on a day which is the employee's regular day off, the employee is entitled to be absent on their next regularly scheduled work shift immediately following the holiday (i.e., their next regularly scheduled work shift becomes their designated holiday). If the employee's supe11visor requests that the employee work on their designated holiday (i.e., the next regularly scheduled work shift immediately following the City's published holiday), the employee may, with the supervisor's approvaL choose one of the following two options. Option 1: The employee may be absent ori another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published 22 March 27, 2018 Item #2 Page 138 of 236 ( holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on their designated holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. E. Employees on Leave Refer to Article 20 and Article 22 for information regarding the impact of holidays on vacation and sick leave. Only employees ~ \Vho are on paid employed status on their last scheduled v,rork: day before a holiday shall be entitled to the paid holiday except 1,:vhere otherwise required by law; F. Effect of Sick Leave on Holiday Pay An employee 1.vhose work schedule and assignment of duties require him/her to \Vork on an authorized holiday and who calls in sick on that 1.vork shift shall be paid eight (8), nine (9), or ten (10) hours as applicable of holiday pay and shall also be charged for the appropriate use of sick leave._ Article 22 Sick Leave Sick leave can be used in 15 minute increments. A. Accrual Every probationary and regular full time employee shall accrue sixteen (16) minutes sick leave with pay for each calendar day of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily ( calendar day ) basis. Such accruals shall be cumulative. An employee shall not receive payment for unused sick leave accumulated to his/her credit upon termination, whether voluntary or involuntary. Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability that is not job related. 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 23 March 27, 2018 Item #2 Page 139 of 236 3. A pre-scheduled doctor, dental, or optometry appointment has been approved by the employee's direct supervisor. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in Article 23, Bereavement. 5. All leave provisions will be administered consistent with state and federal laws. B. Proof of Illness In order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor prior to the time set for the beginning of his/her regular duties. The Department Head may request a certificate issued by a licensed physician or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is in excess of three (3) consecutive work days. The Department Head may also designate a licensed physician to conduct a physical examination, and such examination shall be conducted at City expense. Employees shall be required to account for all hours they are requesting as sick leave by completing an absence request. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Department Head the employee has abused such privileges. C. Effect of Leave of Absence i\n employee's accumulation of sick leave 1vvill cease after the completion of two (2) full scheduled pay periods in vfhich the employee has not received compensation due to a leave of absence without pay. Accrual will be reinstituted upon return to work. Refer to Article 25.3 for the effect of a leave of absence on sick leave accrual. D. Blood Donations Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against accrued leave when such absence is approved in advance by the supervisor. E. Effect of Holidays on Sick Leave In the event one or more authorized municipal holidays fall within a sick leave, such holiday shall not be charged as sick leave, but shall be credited as a holiday. This is subject to the provisions in l\rticle 21 (Holidays). F. Sick Leave Conversion Any permanent employee who has accrued and maintains a minimum of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) days of accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to 24 March 27, 2018 Item #2 Page 140 of 236 vacation if such conversion would put them over the vacation accrual maximum of three hundred and twenty (320) hours. Any permanent employee applying for retirement with the Public Employees' Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. Article 23 Bereavement Leave A. An employee shall be granted, upon written request, up to three work shifts of paid bereavement leave if required to be absent from duty due to the death of a member of the employee's immediate family. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The "immediate family" shall be defined in the personnel rules and regulations. B. The employee may be required to submit proof ofrelative's death before final approval of bereavement leave is granted. Article 24 Family and Medical Leave Acts The parties acknowledge the existence of the state and federal family and medical leave acts ("the Acts") and intend to apply and implement this Memorandum of Understanding so as to comply with the Acts. As to employees who are entitled to family and medical leave under the Acts, the City will apply "Article 25 Leave of Absence," as modified to comply with greater benefits and protections, if any, that are provided in the Acts. The parties agree to consult if compliance with the Acts may hereafter require modifying the provisions of this Memorandum of Understanding. Article 25 Leave of Absence 1. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of his/her Department Head for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or his/her designee is required. An employee shall utilize all his/her vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 25 March 27, 2018 Item #2 Page 141 of 236 2. To take a course of study which will increase the employee's usefulness on return to his/her position in the City service. 3. For personal reasons acceptable to the City Manager and Department Head. B. Authorization Procedure Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the City for any benefit premiums paid by the City during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by his/her Department Head, and, if applicable, shall be promptly transmitted to the City Manager or his/her designee for approval. A copy of any approved request for leave of absence without pay with a duration equal to or greater than two calendar weeks shall be delivered promptly to the Directors of Finance and Human Resources. C. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed six months, unless otherwise approved by the City Manager. The procedure for granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than fourteen (14) calendar days prior to the expiration of the original leave. D. 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 his/her Department Head at least fourteen (14) calendar days prior to the day he/she plans to return. The Department Head shall promptly notify the Human Resources Department 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 \Vithout Pay A pro rata reduction of normal annual vacation and sick leave accruals shall be applicable to an approved absence v,ithout pay. i\ny absence '.vithout pay constitutes a break of continuous service with the City. The granting of any leave without pay exceeding two full scheduled pay periods shall cause the employee's salary anniversary date and calculation of full time continuous ser,ice to be extended by the number of calendar days for which such leave has been granted less the first tv,co full pay periods of such leave. An employee's accumulation of sick leave and vacation leave will cease after the completion of two (2) full scheduled pay periods in vmich the employee has not received 26 March 27, 2018 Item #2 Page 142 of 236 compensation due to a leave of absence without pay. Accrual will be reinstituted beginning the first day the employee has returned to v,rork. FE. Leave Without Pay -Insurance Payments and Privileges An employee on leave without pay may continue his/her City insurance benefits by reimbursing the City for the employee's costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the City for such benefits during the term of a leave of absence will result in the employee's coverage terminating on the first day following the month in which the last payment was received. Upon the employee's return to paid status, any sums due to the City shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the City and the employee ( e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. Ge Comprehensive Leave Policy CCEA and the City agree to a reopener during the term of this contract to negotiate a comprehensive City wide Leave Policy that clarifies practices related . to paid/unpaid leaves of absence. 2. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave, vacation, compensatory time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except compensatory time off, prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the City reasonable notice of the date the leave shall commence and the estimated duration of the leave. 3. Extended Leave of Absence Upon completion of 84 consecutive calendar days (12 weeks) ofleave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) an employee will not be eligible for the benefits listed below: 27 March 27, 2018 Item #2 Page 143 of 236 • accrual of sick leave and vacation and • 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 (calculation of continuous service with the City) will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days. 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. Article 26 Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to his/her Department Head, as far in advance as possible, that he/she must report to military duty. Article 27 Jury Duty When called to jury duty, an employee, having provided at least seven (7) calendar days written notice, shall be entitled to his/her regular compensation. Employees shall be entitled to keep mileage reimbursement paid while on jury duty. A Department Head may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release. Article 28 Rest Periods All CCEA represented employees shall receive, at the direction of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. Rest time is not cumulative beyond the half scheduled work day within which the break period occurs. Article 29 Late Starts An employee who is tardy to work shall be formally counseled by his/her supervisor. Tardiness may cause the employee's pay to be docked. Such docking shall be done by rounding to the 28 March 27, 2018 Item #2 Page 144 of 236 nearest quarter hour. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. Article 30 Flexible Classifications An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following twelve (12) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City- established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee's salary will bet set equal to the pay range minimum. Entry Level Position Account Clerk I Technician I Engineering Technician I Library Assistant I · Maintenance Worker I Maintenance Worker I Meter Services Worker I Office Specialist I Planning Technician I Police Records Specialist I Tree Trimmer I Journey Level Position Account Clerk II Building Technician II Engineering Technician II Library Assistant II Park Maintenance Worker II Street Maintenance Worker II Meter Services Worker II Office Specialist II Planning Technician II Police Records Specialist II Tree Trimmer II An employee hired into one of the entry level positions listed below shall be reclassified to the journey level position following twenty-four (24) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City-established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee's salary will bet set equal to the pay range mmnnum. Entry Level Position Building Inspector I Code Compliance Specialist I Inspector I Equipment Technician I Sanitation Systems Operator I Utility Worker I Water Systems Operator I Waste Water Utility Worker I Article 31 Flexible Start Hours Journey Level Position Building Inspector II Code Compliance Specialist II Inspector II Equipment Technician II Sanitation Systems Operator II Utility Worker II Water Systems Operator II Waste Water Utility Worker II 29 March 27, 2018 Item #2 Page 145 of 236 CCEA represented employees, with advance Department Head approval, may alter their starting time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke the flexible start time at any time and return the employee to regular working hours for that particular department. An employee shall receive fourteen (14) calendar days' notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure. Article 32 Alternative Flexible Work Schedules and Shift Changes Employees hired on or after December 23, 1991, by departments/divisions currently operating on an alternative work schedule shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. This article shall not be subject to the grievance procedure. The hours of work of the office or facility shall be established by the appointing authority and may be changed to meet operational or other requirements upon at least forty-five (45) calendar days notice to the affected employees unless there is a mutually agreed upon shorter notice period. p The City shall notify the Association and any affected employees of any proposed schedule change at least forty-five (45) calendar days prior to its implementation to allow the parties to meet and discuss on the impact of said schedule change, if requested by the Association. If the Association desires to meet and discuss impacts, the Association shall give written notice to the City's Human Resources Department within seven (7) calendar days of receipt of the notice of the proposed schedule change. The Association agrees that these discussions are not meet and confer, nor subject to all the requirements of meet and confer (for example, the City need not negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule change). The impacted employee shall have the opportunity to propose an alternate work schedule. The City shall have complete discretion in detennining whether or not to allow an alternate work schedule and the City's decision and the impact of its decision shall be excluded from the grievance procedure. 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad's Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure. Article 33 Flexible Job Sharing Two or more employees may, with the express written approval of the City Manager, the Human Resources Director, and the affected Department Head, participate in a flexible job sharing program. The specifics of such a program shall be detennined by the employees and the City on 30 March 27, 2018 Item #2 Page 146 of 236 a case by case basis. Prior to implementation of any such program(s), a written agreement setting forth the specifics of the program shall be signed by the affected employees and the City. This article shall not be subject to the grievance procedure. Article 34 Health Insurance/Flexible Benefits Program Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, and flexible spending accounts (FSAs). Each of these components is outlined below. A. Medical Insurance Al. Employees represented by CCEA will be covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The City will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees' Retirement System (CalPERS). If electing to emoll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. Effective the pay period that includes January 1, WB2018, the City will contribute the following monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contribution of some or all of the premium for dental coverage or vision coverage and 3) contributions in the name of the employee to the City's flexible spending account( s): (a) For employees with "Employee" coverage, the City shall contribute five hundred ninety siJCseventy-three ($~573) per month (increased from $578 per month) that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City's total contributions, the employee will pay the difference. (b) For employees with "Employee Plus One" coverage, the City shall contribute one thousand sixty sixone hundred forty-six ($-l-,G-661, 146) per month (increased from $1,027 per month) that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City's total contributions, the employee will pay the difference. (c) For employees with "Family" coverage, the City shall contribute one thousand three-five hundred ninety eighttwo ($~ 1,502) per month (increased from $1,319 per month) that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City's total contributions, the employee will pay the difference. A.2. To provide CCEA. members with the value ofthis increase in Benefits Credits for the pay periods that include the period behveen January 1, 2015 and ratification of this 31 March 27, 2018 Item #2 Page 147 of 236 Memorandum by the City Council, the City shall, i.vith payroll, for the first full pay period after ratification of this Memorandum by the City Council, make a one time taxable (non PERSable) cash payment equal to the increase in Benefits Credits for CCEA members employed by the City on that date. The total cash amount vlill depend on the employee's medical coverage level as of the pay period that includes January 1, 2015 and the number of payroll periods in 2015 that occur between January 1, 2015 and ratification of this Memorandum in which Benefits Credits were applied before implementation of the Benefits Credits increase resulting from section Al above. A3. Effective the pay period that includes 1/1/2016, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 90% of the average health (medical, dental and vision) premium for Employee coverage and 82% of the average health (medical, dental and vision) premium for Employee + 1 and Family coverage levels, rounded to the nearest whole dollar. A .. 4. Effective the pay period that includes 1/1/2017, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 85% of the average health (medical, dental and vision) premium for Employee coverage and 82% of the average health (medical, dental and vision) premium for Employee + 1 and Family coverage levels, rounded to the nearest whole dollar. MA2. Effective the pay period that includes 12/31/2017January 1, 2019 and January 1, 2020, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1,2-0-l-8of the respective calendar year. A3. Effective the pay period that includes December 3 L 2020, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2021. MA4. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any "excess credits" to purchase dental, vision, or accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA), instead of receiving taxable cash. A+A5 . All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits. B. Dental Insurance 32 March 27, 2018 Item #2 Page 148 of 236 Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored dental plan at any coverage level. C. Vision Insurance Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored vision insurance plan at any coverage level. D. Retirees Each retired employee who was a member of this bargaining unit is eligible to be covered by the Public Employees' Medical and Hospital Care Act and is eligible to participate in the California Public Employees' Retirement System (CalPERS) Health Program. Represented employees who retire from the City, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The City will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS Health Program. Employees who 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 program. Those individuals vmo are CCEA .. retirees as of ratification of this MOU by City CoURcil will receive tv10 letters prior to receiving their open emollment information for changes effective January 1, 2016. The letters will explain that if they choose not to elect dental/vision insurance effective January 1, 2016, or if they drop coverage later, they 1.vill not be eligible to return to the City's dental/vision insurance program. The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City's medical insurance program, provided they can show that they are covered under another filQ.lli2..insurance program. Effective the pay period that includes January 1, ~2018, employees who elect the wai'.ver provision will be given a reduced City contribution amount (Benefits Credits) of two hundred ninety eighteighty-six dollars and fifty cents ($±9-8286.50) per month (increased from $250 per month) to be used toward the purchase of dental, vision, or accidental death and dismemberment (AD&D) insurance, as a contribution to a flexible spending account or as cash (reported as taxable income). The City contribution amount of two hundred ninety eight eighty-six dollars and fifty cents ($±9-8286 .50) per month 33 March 27, 2018 Item #2 Page 149 of 236 will be granted to any employee who elects to waive the CalPERS Health Program, regardless of the employee's level of coverage (Employee, Employee Plus One, Family). To provide CCEf" members with the value of this increase in Benefits Credits for the pay periods that include the period behveen January 1, 2015 and ratification of this Memorandum by the City Council, the City shall, with payroll, for the first full pay period after ratification of this Memorandum by the City Council, make a one time taxable (non PERSable) cash payment equal to the increase in Benefits Credits for CCEf ... members employed by the City on that date. The total cash amount will depend on the employee's medical coverage level as of the pay period that includes January 1, 2015 and the number of payroll periods in 2015 that occur betv1een January 1, 2015 and ratification of this Memorandum in which Benefits Credits were applied before implementation of the Benefits Credits increase related to the 1.vaiver provision. The dollar amount paid by the City for employees who elect the waiver provision will change in the first pay period of calendar year :2-0-1-62019, 1Q.1-'.7-2020 and in the pay period that includes December 31, 2-0-1-'.7-2020. The Benefits Credits associated with waiving medical coverage will be set equal to 50% of the Benefits Credits associated with Employee medical coverage. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with ' waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. Article 35 State Disability Insurance/Family Medical Leave Benefits A. Employees represented by CCEA will be enrolled in the State Disability Insurance Program. (The City agrees to pay the premium.) B. On January 1, 2004, the State Disability Insurance Program will provide for paid leave benefits for employees who qualify for family medical leaves of absence. The employee may elect to use accumulated vacation, sick leave or compensatory time off during the seven day elimination period. C. Employees represented by CCEA shall be entitled to combine accumulated sick leave, vacation leave or comp time with State Disability payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Under no circumstances shall the combination of accumulated leave and State Disability Insurance payments exceed the employee's pre-disability salary. Article 36 Long Term Disability (LTD) During the term of this memorandum, City agrees to continue to provide long term disability msurance. Said insurance shall provide for a ninety (90) calendar day waiting period prior to 34 March 27, 2018 Item #2 Page 150 of 236 payment eligibility. Employees represented by CCEA shall be entitled to combine accumulated vacation leave or comp time with LTD payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Accumulated sick leave may not be combined with LTD payments. Under no circumstances shall the combination of accumulated leave and LTD payments exceed the employee's pre-disability salary. Article 37 Retirement A. The City has contracted with CalPERS for the following retirement benefits: Miscellaneous "Classic" Members (those that do not qualify as "New Members" as defined below) • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 -The retirement formula shall be 3%@ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 -The retirement formula shall be 2%@ 60; three year average final compensation. "New Members" Employees who are "New Members" as defined by the 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 include but are not limited to the following retirement benefits. • Retirement formula shall be 2% @ 62; three year average final compensation. B. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing • provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • Miscellaneous employees subject to the 3%@ 60 benefit formula shall pay all of the employee retirement contribution (8% ). • Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7% ). • Miscellaneous employees who meet the definition of"New Member" under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. C. The City will continue to contract with CalPERS for the third level of 1959 Survivors' Benefit. 35 March 27, 2018 Item #2 Page 151 of 236 D. The City shall continue to contract with CalPERS for the military service credit option. The cost of this option is borne entirely by the employee. Payments by the employee to CalPERS are to be arranged by the employee directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may arrange with the City for such payments to be made by means of payroll deduction Article 38 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. CCEA represented employees will be eligible for the personal loan provision established vlith the City's deferred compensation provider (currently ICMA Retirement Corporation). It is acknowledged that the City will assist in the administrative set-up ofthis benefit but that the City has no liability if an employee should default on the repayment of such a loan. Article 39 Dispute Resolution Procedure The purpose of this procedure is to provide a single, uniform process for CCEA represented employees to resolve disputes concerning grievances and discipline in an efficient manner and without subsequent discrimination or reprisals. Any time limit provided under this Article may be extended by mutual consent of the parties. 1. Applicability of This Article Grievances and group grievances, as defined in Part 2 of this Article, may be appealed under Parts 2 and 4 of this Article. The following types of discipline may be appealed under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in pay of more than one work shift, demotion and termination. Any regular CCEA represented employee may appeal a letter of reprimand, suspension of one work shift or less or reduction of pay of one work shift or less to his or her Department Head for a final decision. 2. Grievances A. Individual Grievances A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City's exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would 36 March 27, 2018 Item #2 Page 152 of 236 require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: (1) Appeals from formal disciplinary proceeding. (2) Appeals from work performance evaluations. B. Group Grievances Within thirty (30) calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condition giving rise to a grievance, a group of employees may file a group grievance with the Human Resources Department. CCEA, as an "organization," may also file a group grievance on behalf of employees if CCEA 1) identifies the employees who are adversely impacted by name and by classification, and 2) specifically identifies how these employees are being adversely affected. (1) The group of employees must file one (1) grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occurrences that brought about the grievance. C. Informal Resolution Within twenty (20) calendar days after an employee knew or reasonably should have known that he or she has suffered a grievable injury, the employee shall attempt to resolve the grievance by an informal conference with his or her immediate supervisor. Within twenty (20) calendar days after an employee organization knew or reasonably should have known that its members have suffered a grievable injury, it shall attempt to resolve the matter by an informal conference with an appropriate immediate supervisor. The Supervisor shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The immediate supervisor shall give his or her response to the employee or employee organization within twenty (20) calendar days of the informal conference. D. Department Head Review If a grievance is not informally resolved, within twenty (20) calendar days after receiving the immediate supervisor's response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the Department Head. The Department Head shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The Department Head, or his/her 37 March 27, 2018 Item #2 Page 153 of 236 designee, shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. E. City Manager Designee's Review If a grievance is not resolved by the Department Head, within twenty (20) calendar days after receiving the Department Head's response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the City Manager's Designee. The City Manager's designee shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The City Manager's Designee shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. F. Permissible Relief A grievance may only seek to remedy the specific injury caused by a violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City's exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: (1) If it would require the modification of a policy established by the City Council or by law; (2) If it is reviewable under some other administrative procedure and/or rules of the City such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If it calls exclusively for relief that cannot be granted such as discipline of other employees or confidential information about other employees. G. Service of Notice A notice that a grievance has been resolved or a notice that a grievance raises a matter that may not be addressed utilizing this procedure shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. H. Resolved Disputes A grievance is considered resolved under any of the following circumstances: (1) When the City and employee agree to a resolution; 38 March 27, 2018 Item #2 Page 154 of 236 (2) When the employee fails to advance the matter to the next step of the administrative procedure in the time specified herein for doing so; (3) When the City has provided the relief sought by the employee that it is legally capable of providing. A grievance that has been resolved does not progress any further through the di~pute resolution process. 3. Discipline A. Grounds For Discipline The City has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, disclosure of non-public, internal and/or confidential, information or dishonesty. (3) Being under the influence of alcohol or intoxicating drugs while on duty. (4) Absence without leave. (5) Criminal conviction having some relevance to the job. (6) Intentionally being discourteous to the public. (7) Unauthorized use of or neglect of City property. (8) Abuse of sick leave. (9) Unauthorized outside employment that constitutes a conflict of interest (10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (11) Falsification of any City report or record. (12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political activities precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigation conducted by the City or its agents. (15) Other acts that are incompatible with service to the public. B. Pre-Disciplinary Procedure If a supervisor determines that an employee might be a threat to him or herself, other employees or members of the public, the supervisor may immediately take whatever action is necessary to reduce or eliminate the danger, but the employee shall retain the right to notice and an opportunity to respond to discipline under this Article. Except for any oral or written counseling, warning or reprimand, the Department Head or his/her designee shall advise the employee and the Human Resources Director of 39 March 27, 2018 Item #2 Page 155 of 236 contemplated disciplinary action in a written Notice of Intended Discipline including a description of the misconduct, the grounds for discipline, and the employee's right to respond within seven (7) calendar days after the date of the Notice of Intended Discipline and prior to the discipline being imposed. If the employee elects to respond, he or she may have a representative and meet informally with the City Manager's designee, without the right to bring witnesses or present a formal case. Within seven (7) calendar days of the employee's response or failure to respond in a timely manner, the City Manager's designee shall advise the employee in writing whether the proposed discipline, modified discipline or no discipline is being imposed. Any discipline will be announced in a written Notice of Discipline including a description of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrative procedure under Part 4 of this Article. C. Service of Notice A Notice oflntended Discipline or a Notice of Discipline shall be served upon the employee via e-mail (work and personal, if known). Ifreceipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 4. Administrative Procedure An employee may have both a legal representative of his or her choosing and a CCEA representative of his or her choosing at any step of this administrative procedure. This representative may at the employee's option be provided by an employee organization. If the representative is a City employee, the employee seeking the representative shall notify the representative's immediate supervisor and the City's Human Resources Department in writing and the supervisor shall make the necessary arrangements for the representative to be present at any hearing. A. Step One -Filing an Appeal If a grievance is not formally resolved or an employee seeks to appeal a suspension of more than one work shift, reduction in pay of more than one work shift, demotion or termination, within ten (10) calendar days ofreceiving the City Manager designee's response to the grievance or the Notice of Discipline, the employee or employee organization may file with the Human Resources Director an application for an advisory hearing. B. Step Two -Administrative Hearing (1) Hearing Procedure If the matter is subject to an advisory hearing, the City shall arrange if practicable for the matter to be heard by a hearing officer within one hundred twenty (120) calendar days of the date of the filing of the appeal with the Human Resources 40 March 27, 2018 Item #2 Page 156 of 236 Director. The hearing shall be scheduled for a time that is mutually convenient to the parties and the hearing officer. The advisory hearing shall be closed unless the employee or the employee organization request that it be open to the public. In the case of an appeal of a grievance, the parties shall equally bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary action, the City shall bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. The advisory hearing shall be limited to arguments, witness testimony and exhibits offered by the parties. The hearing shall proceed according to an Administrative Order regarding Rules of Procedure for Personnel Meetings and Hearings. Such an Administrative Order will replace Personnel Board Resolution 19 to reflect that the Personnel Board is being replaced by a hearing officer in matters of grievance and discipline. (2) Hearing Officer The employee or employee organization and the City may agree that the advisory hearing will be conducted before a hearing officer mutually selected by the parties from a list of hearing officers provided by a neutral third party. The selection of a hearing officer will include a review of his/her background and qualifications which will include experience as a labor attorney and/or mediator and/or arbitrator affiliated with American Arbitration Association, State of California Mediation and Conciliation Service or Judicial Arbitration Mediation Services (JAMS). (3) Permissible Relief In the case of a grievance appeal, the hearing officer may only recommend that the relief initially sought by the employee or employee organization be granted or that the position of the City should be upheld. In the case of disciplinary appeals, the hearing officer may recommend either that the discipline imposed by the City be upheld, that a lesser discipline be imposed, or that no discipline be imposed. The advisory findings and recommendation of the hearing officer shall be provided to the employee or employee organization. C. Step Three-Final Determination The advisory findings and recommendation, hearing transcript and exhibits concerning a grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to the City Manager for a final determination. The City Manager, or his/her designee, may 41 March 27, 2018 Item #2 Page 157 of 236 allow, at his or her discretion, limited oral arguments and/or written statements from either side. Within thirty (30) calendar days of receiving all applicable documents or hearing the oral arguments of the parties, whichever is later, the City Manager or his/her designee shall make a final and conclusive written decision. (1) For grievances, the City Manager, or his/her designee, shall either reject the grievance or uphold the grievance and provide a remedy selected by the City Manager, or his/her designee. (2) For disciplinary appeals, the City Manager, or his/her designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline. D. Post-Hearing Procedure The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the final determination of the City Manager. Article 40 Alcohol and Drug Policy I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on 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 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. 42 March 27, 2018 Item #2 Page 158 of 236 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 they have been informed by a medical provider may interfere with safe or effective performance of their duties or operation of City equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee's employment with the City, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the City reserves the right to search, with or without prior notice to the employee, all work areas and property in which the City maintains full or joint control with the employee, including but not limited to City vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint City control since such work areas may be subject to investigation and/or search under this policy. 43 March 27, 2018 Item #2 Page 159 of 236 Employer searches shall occur when there is a determination of "reasonable suspicion" as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the City from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either illegal drugs or alcohol will be rejected for City employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the City has reasonable suspicion that an employee is under the influence of 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. 44 March 27, 2018 Item #2 Page 160 of 236 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. III. EMPLOYEE ASSISTANCE PROGRAM A. The City has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the City wishing confidential assistance for a pos~ible 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. 45 March 27, 2018 Item #2 Page 161 of 236 C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any City policy. Article 41 Access to Information The City will make available to CCEA such non-confidential information pertaining to employment relations as is contained in the public records of the City, subject to the limitations and conditions set forth in this article and Government Code Section 6250-6260. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this article shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Nothing in this article shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigation to which the City is a party, or to claims or appeals which have not been settled. Article 42 Communications The parties agree to continue meeting at least once each month during the term of the agreement for the purpose of continuing communications on subjects of mutual concern. Article 43 Legal Representation Upon request of an employee and subject to any limitations provided by law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the City in a court of competent jurisdiction, on account of any act or omission occurring within the course and scope of his/her employment as an employee of the City. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the City pursuant to the provisions of the 46 March 27, 2018 Item #2 Page 162 of 236 California Government Code, or where the act or omission was not within the scope of the employee's employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code. Article 44 Layoff Layoff: The City may layoff an employee in the merit service because of material change in duties or organization or shortage of work and funds. The City will use its best efforts to give the employees as much notice as possible with a minimum of fourteen (14) calendar days prior to the effective date of a layoff. The appointing authority or designee shall notify the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City work force. (a) City Service Seniority: City Service Seniority shall be determined as the period of total continuous service with the City as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their City Service Seniority in the affected classification series; (3) City probationary employees in reverse order of their City Service Seniority in the affected classification series; ( 4) and regular employees in reverse order of their City Service Seniority in the affected classification. ( c) Reduction in Force -Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the City shall demote the employee in that classification with the highest City Service Seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be currently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. (d) Notification: Whenever there is a reduction in the work force requiring layoff, the City shall send written notice to the last known address of each employee affected by a layoff with copy to CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may demote within the City, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. 47 March 27, 2018 Item #2 Page 163 of 236 ( e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical City Service Seniority, the order oflayoff and demotion will be determined by the Human Resources Director who will use randomizing software to determine seniority. (f) Transfer: All effort will be made by the City to transfer any employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. (g) Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required due to a reduction in force, employees shall be demoted in the following manner: (1) Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser City Service Seniority in that lower classification. (2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a City probationary employee in such lower class, but may not bump regular City employees already in that lower classification. (h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their City Service Seniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. (i) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent City status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their City Service Seniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. G) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff. Eligible individuals not responding to written notification of an opening after fourteen (14) calendar days shall have their names removed from either the reemployment or reinstatement list. (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following ~ reduction in force, an individual will have the following benefits restored: (1) Prior sick leave accruals. (2) City Service Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. 48 March 27, 2018 Item #2 Page 164 of 236 (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff. If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which he/she was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the current effective salary plan at the time of reemployment, whichever is lower. (1) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees' Retirement Law as contained in the Government Code. (n) Severance: CCEA represented employees involuntarily separated from the City service due to layoff shall receive the equivalent of three (3) months' base salary, computed at the employee's actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment F and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively. Article 45 Carlsbad Municipal Water District 1. Effective February 17, 1992, employees of the Carlsbad Municipal Water District ("CMWD") shall become employees of the City of Carlsbad ("City"). Each CMWD employee shall retain his/her CMWD classification, salary range, salary anniversary date, and seniority date upon becoming a City employee. Each employee's job title and salary range shall be subject to future modification upon completion of a City classification and compensation study. In no instance shall an employee's salary be reduced as a result of the City classification and compensation study. 2. Effective February 17, 1992, each CMWD employee shall be subject to the City's personnel system as established by the municipal code, the personnel rules and regulations, administrative orders, the applicable memorandum of understanding, and other applicable ordinances, resolutions, and rules and regulations dealing with personnel and employer-employee relations. 3. Effective February 17, 1992, each CMWD employee shall be subject to the work rules and operations rules of the City. 4. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits granted to CMWD employees as outlined in Attachment B ( attached). 5. Unless specifically set forth in paragraph 4 above, all other fringe benefits shall be the same as those for City employees in the appropriate bargaining units as of February 17, 1992. 49 March 27, 2018 Item #2 Page 165 of 236 6. Employees hired on or after February 17, 1992, into the water operation shall not be eligible for those benefits set forth in paragraph 4 above. 7. Employees who terminate service with the City (by reason other than lay off) shall not be eligible for the benefits set forth in paragraph 4 above upon reinstatement to the City. 8. Employees in classifications covered by this provision are listed in Attachment GA. 9. No current City employees will be laid off as a result of assimilation of CMWD employees. 10. Former CMWD employees will be in the bargaining unit represented by CCEA. Article 46 Full Understanding, Modification, & Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Article 47 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. Article 48 Retention of Benefits The employees of the City of Carlsbad shall retain all present benefits as set forth in this Memorandum for the term of this agreement, except as amended by this Memorandum, or unless modified after exhausting the meet and confer process. Article 49 Non-discrimination Clause 50 March 27, 2018 Item #2 Page 166 of 236 No person shall in any way be favored or discriminated against, by either the City or the Association, to the extent prohibited by law because of actual or perceived political opinion or affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin, veteran status, medical condition or physical or mental disability. In addition, no person shall be favored or discriminated against because of his/her association with someone who has or is perceived to have any characteristics of being in one of these classes of people. This affects decisions including, but not limited to, an employee's compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment. The City is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness. Article 50 Americans With Disabilities Act The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this Memorandum of Understanding so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this Memorandum of Understanding. Article 51 Life Insurance and Voluntary Benefits All CCEA-represented employees shall receive City paid life insurance in an amount equal to one times their basic yearly earnings. To determine the benefit, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. The City provides various voluntary benefits available at the employee's cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440. Article 52 Special Housing Facilities The City maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The employee assigned the duty ofMaerkle Facilities Steward is tasked with maintaining a safe, legally compliant facility and ensuring the security of City facilities. A detailed description of the conditions that apply to this assignment are outlined in Attachment E. 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the City. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. 51 March 27, 2018 Item #2 Page 167 of 236 In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City's Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. ' c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. 3. Responsibilities The Steward shal.l be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response -Notification-Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing 52 March 27, 2018 Item #2 Page 168 of 236 c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations Supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month ( except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward's responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City and communicated to the Steward in writing with sixty (60) calendar days advance notice of any changes. The City shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. 5. Term The City maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City's discretion and the City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days' notice to the Steward. There shall be an annual review of the Steward's performance with the Water Operations Supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. Article 53 Contracting Out Work 1. The City has the right to contract out any or all of the services currently being performed by CCEA represented classifications or that could be performed by CCEA represented classifications to any one or more public or private entities or individuals. 2. Prior to contracting out the services referenced in item number 1 above, the City shall first satisfy its obligation to meet and confer with CCEA regarding both the decision and effects of contracting out those services 53 March 27, 2018 Item #2 Page 169 of 236 3. CREATION OF A REQUEST FOR PROPOSAL ("RFP") a. CCEA may appoint up to two (2) of its members to attend a meeting with City staff responsible for the creation of an RFP for the purpose of providing input to the City regarding the creation of the RFP for contracting out the services referenced in item number 1 above. This first meeting shall occur prior to the RFP being prepared by City staff. b. After the draft RFP is completed by City staff, a copy of the RFP shall be forwarded to the CCEA appointees by email and a subsequent meeting shall be scheduled, which shall take place within seven (7) calendar days from the date the RFP is received by the CCEA appointees. The purpose of the meeting is for CCEA appointees to meet with the City staff responsible for preparing the RFP in order to discuss the RFP and ask questions as necessary. Additional meetings may be scheduled if mutually agreeable. Following conclusion of the meeting(s), CCEA's appointees may provide written feedback/suggestions regarding the RFP for the consideration of City staff prior to it being finalized and sent to any potential contractors. CCEA's feedback/suggestions shall be forwarded to City staff responsible for the creation of the RFP by email within seven (7) calendar days from the date of conclusion of these meetings. c. Prior to distribution of the RFP to potential contractors, the City shall provide the CCEA appointees with the final version of the RFP. d. Neither CCEA nor its appointees shall have veto power over any City decision related to the contents of an RFP or the RFP process. e. Neither CCEA nor its appointees may use the appointees' involvement in the RFP process to delay the RFP process f. CCEA's appointees shall sign confidentiality agreements, as agreed to by the City and CCEA, prior to receiving any information related to an RFP 4. MEET AND CONFER PROCESS a. The City may send RFPs created following the procedure outlined in item number 3 above to potential contractors prior to engaging in the meet and confer process with CCEA. b. After the City receives responses to the RFP, the City Council or designee shall determine whether to pursue contracting out of those services that are the subject of the RFP. c. In the event that the City Council or designee decides to pursue contracting out of any or all of the services that are the subject of the RFP, the City's negotiating team will make a proposal in writing to CCEA to contract out those services and will provide a copy of the leading proposal to CCEA along with its proposal. 54 March 27, 2018 Item #2 Page 170 of 236 d. After reviewing the City's proposal, CCEA may request in writing to meet and confer over the decision to contract out services and/or the effects of that decision no later than fourteen (14) calendar days from the date of CCEA' s receipt of the City's proposal. The first meeting of the meet and confer process shall be scheduled within fourteen (14) calendar days ofCCEA's written request. If CCEA requests to meet and confer over both the decision and effects, decision and effects negotiations shall take place simultaneously. It is understood by the parties that the meet and confer process is not required to be completed in one single meeting. e. The negotiations over the decision and/or effects shall be subject to combined impasse procedures. 5. CITY COUNCIL DECISION a. After the meet and confer process has concluded by either reaching agreement or exhausting impasse procedures, the City Council will make its final decision on whether to contract out those services subject to the RFP. Artiele 54 Pay for Performanee Guidelines This article replaces Administrative Order No. 13 of March 12, 1976 in its entirety, i\.dministrative Order No . 23 of October 11, 1979 in its entirety and Section 4 .4 of the Personnel Rules and Regulations. This article does not apply to employees ,vho are in a provisional appointment. However, if an employee moves from a provisional appointment to a regular position without a break in City service, their time spent in the provisional appointment shall count for purposes of determining eligibility for a base pay salary increase or cash re\vard. 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 re1.vards high performers; ~ link financial rewards to accomplishing City business objectives; ~ create a consistent City 1.vide approach for managers to link performance and re1,vards; and ~ create a meaningful/fair reward system. II. BACKGROUND: Consistent with the direction of the City Council, City staff and the Carlsbad City Employees' Association (CCEA.) have developed a compensation program that establishes competitive pay through regular and consistent compensation surveys. The Human Resources Department 1.vill maintain the highest possible number of benchmarks 1.vithin the survey market and make recommendations to City Council regarding maintaining competitive salary ranges. The components of the compensation plan include: 55 March 27, 2018 Item #2 Page 171 of 236 r a performance management program based on the concepts of performance plam1ing and regular coaching/feedback; r a market based salary structure; and r a Pay for Performance reward system that includes merit increases* (base pay increases and/or cash rewards for employees v,rho 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 v,rhere 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. CUID,"....""l"CE: } •.. Annual ReYiew Cyele The Performance Management Cycle is aligned with the calendar year. Below is a summary of the annual cycle. Merit increases delivered l HR determines base pay matrix that complies with approved merit pool funding Supervisors conduct year end reviews B. Performanee Management Council/CCEA negotiate funding for merit pool Supervisors select competencies and define priorities \ Supervisors conduct mid-year reviews (after Dept. Director approves mid-year ratings) Supervisors submit proposed year end performance ratings to Department Director Department Directors calibrate and finalize performance ratings The performance management process consists of four important, interrelated steps. Step 1 Performance Planning Supervisors and employees 1.vill have an initial discussion to detennine 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 56 March 27, 2018 Item #2 Page 172 of 236 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 revievvr and discuss the employee's work performance, including significant accomplishments and/or shortfalls. Generally, these coaching and feedback sessions 1.vill be informal and may be initiated by either the supervisor or employee. It vlill be the supervisor's responsibility to ensure these discussions take place and are appropriately documented. Step 3 Mid Year Performance Reviev,r Prior to the mid year reviev,r meeting with the employee, the supervisor proposes mid year ratings for the employee based on the employee's demonstrated competencies and accomplishments related to priorities. The Department Director reviev,s all proposed mid year ratings in his/her department and validates that Pay for Performance (P4P) guidelines are follmved consistently within his/her department. The goal of the mid year performance review is to encourage open communication berNeen 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. Hov1ever, 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 1.Nith the employee, the supervisor proposes ratings for the employee based on the employee's demon~trated competencies and accomplishments related to priorities. The Department Director reviev,'s all proposed ratings in his/her department and v,rorks 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 reviev, meeting with his/her ovm 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 perfotmance planning for the upcoming year as outlined in Step 1 above. C. G0verBaBee 0f the PlaB 57 March 27, 2018 Item #2 Page 173 of 236 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 1.vill periodically reviev,r 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 rev,rards 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 reviev,ring proposed performance and development plans and evaluation forms for accuracy and completeness. Human Resources 1.vill 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 perfonnance system. Human Resources uses data from all employee performance ratings and Council's authorized funding amount to determine the percentages in the base pay matrix. Human Resources will process merit increases for eligible employees. Department Director Department Directors will be responsible for reviewing performance ratings 1.vithin their departments to ensure that accurate evaluation ratings are given and that supervisors are held responsible for effectively rating their staff. In the event of turnover of an employee's supervisor, the Department Director ·.vill be responsible for ensuring that an employee is equitably and adequately reviev,red and rated. Supervisor The supervisor 1.vill cany out the steps in the performance management process in a fair, accurate, consistent, and timely manner. This includes guiding the development of performance plans, monitoring and recording employee accomplishments, providing timely coaching and feedback, conducting accurate performance evaluations, and ensuring the employee has the opportunity to participate in the process. 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 ' 58 March 27, 2018 Item #2 Page 174 of 236 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 v,rill complete a self assessment prior to the year end perfmmance evaluation, and •;vill be prepared to contribute in the mid year and end of year performance evaluations. E. Performanee ~'lanagement 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 •,vill be revie•;ved 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 vihich functional competencies may be appropriate for a specific position. At the end of the plan year, the employee 1.vill 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 assigmnents •.vill be reviewed in accordance 1.vith their regular position unless the employee served out of class for more than one half of the review period. In that case, the employee 1.vill be reviev,ed based on their out of class assignment. If, at the outset of the out of class assignment, it is anticipated that the employee 1.vill 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 v,ill be reviewed and evaluated based on hov,r 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 vlill 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 ·.vill talk about v.'11ich functional competencies are the most appropriate to use in the upcoming year based on the employee's specific job, priorities and \Vork plan. Each year, the supervisor and the employee will select the tv,o functional competencies that will be used to evaluate the employee that year. If the employee does not agree with the tv,'o functional competencies to be used, the employee will be allowed to select one functional competency and the supervisor will choose the other. Setting Priorities 59 March 27, 2018 Item #2 Page 175 of 236 The rating system shown below 1.vill be used in evaluating employee performance. -h-2. Im1rrovement 3. Competent 4. Commendable 5. Exemplary Ynsatisfaetoey Needed Performance does Performance does Performance Performance Perfermance not meet not consistently consistently meets e*ceeds significantly reEltlirements. meet-all reEtUirements. requirements and e~rneeds Performance is reEtUirements. employee is fully demonstrates the requirements. consistently and Performance proficient and ability to handle employee has made seriously deficiencies are adequately assignments of contributions and inadequate. This such that demonstrates the greater comple~fity achie11ements well employee must impro1,1ement is desired and responsibility. beyond those make immediate needed for the competency This employee required by their and sustained employee to behaviors for the shows initiative assigned improvements. satisfactorily meet level ofthejob. and seeks responsibilities. In requirements. eppertunities te many cases, enhance their job performance related skills and demonstrates ne'N competencies. areas ef productivity and inne•;atien far beyond position reEtUirements. employee Comments employees shall be advised that they are encouraged but net required te provide comments that they vwuld like documented for the evaluation period. employee comments will be part efthe performance evaluation documentation. Signatures The employee's signature acknowledges that the performance evaluation has been reviewed and discussed v,rith them. This dees net mean the employee agrees, or disagrees, 1.vith statements made er contained therein. When the evaluation session is completed, the employee and supervisor sign the form and appropriate levels ef signatures are obtained: • Immediate Supervisor • Mid level Manager (if applicable) • Department Director • Human Resources employee Outlets Performance evaluations are net grievable. However, employees ,vhe disagree with their rating may request a meeting with their Department Directer. ff after this meeting this matter is net resolved, the employee may then request a meeting vnth the City Manager er his/her designee and this meeting shall occur v,1.thin 30 days at the employee's request. ff the employee's 61 March 27, 2018 Item #2 Page 177 of 236 performance rating is changed as a result ofthis process, any resulting merit pay adjustment shall be paid retroactively. F. Linking Pay and Perfurmanee Eligibility for a merit increase is determined by an employee's overall performance rating and 1,1vrhere 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 mcreases. l\n employee v,rhose salary is at their salary range maximum is not eligible for a base pay increase. In lieu of a base pay increase, eligible employees 1.vill 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 v1ere not at the salary range maximum. An eligible employee whose salary is close to their salary range maximum (such that the designated pay increase 1.vould cause their salary to exceed the salary range maximum) 1vvill receive a base pay increase up to the salary range maximum and 1.vill receive the remaining portion of the designated pay increase as a lump sum cash reward as described above. Base Pay Matrix A base pay matrix will be used to reward performance. The City Council and CCEA negotiate a contract, which determines the merit pool or budget for the annual CCEA pay increase. After all of the performance reviev,rs 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. AR employee's overall performance rating (sum of individual competency ratings) and position in the range put them in one of the cells"! .. ," "B," "C," "D," "E," or "F" as shovm in the sample Base Pay l\1atrix below. Each employee's merit increase is determined using the base pay matrix. 62 March 27, 2018 Item #2 Page 178 of 236 SA.MPLE BASE PAY l\llATRIX n~ ·---~ 11 ...,. ---n~ .. : -~ -· ·---.... -·--·--~---------ti-, -'7-1-0 ll-1-+ 18-M ~ ~ Salary Range Improvement Plaeement ITT, ..... ~ r, .L-. . .L Needed C' .L .~ Commendable Ti' • ~---.Y ~-... .,-&-& At ef aeeve salaFy rnnge M% M% c A% G% B% _,..~ .l ,, Belew salaFy raHge-M% M% :s% I}% F% _:-1 IV. PROCEDURES: 1. A.ll empleyees 1.vill be feviev,red at mid yeaF and at the end ef the calendaF yeaf. i\.ftef beth ef these feview meetings afe cempleted, the peffermance evaluatien ferm, including peffermance rntings, 'Nill be submitted te Human Reseurnes and be made a part ef the empleyee' s pernennel file. 2. The immediate supefvism mest familial' with the empleyee's peffermance dilling the fating pefied shall be the fateL If the empleyee has had mme than ene supeFVism dming the evaluatien pefied, the ethef supeFVisef(s) will be censulted and enly ene evaluatien ferm/evernll rnting will be submitted. 3. Electrnnic peffermance evaluatiens ferms 1.vill be made available by the Human Reseurnes Department 4 . Ratings shall be based upen the cempetent peffefmance ef the full fange ef skills indicated by the class specificatien cevefing the empleyee's pesitien. In the event that the class specificatien is net fepfesentative efthe empleyee's current rnspensibilities, Human ReseUfces vlill be netified and asked te rnviev, and make rncemmendatiens. Deviatiens frem the class specificatien sheuld be neted en the peffermance evaluatien ferm. 5. Evefy eligible empleyee' s peffermance evaluatien is due te Human ReseUfces by JanuaFy 31. l\ny evefdue evaluatiens 1.vill be rnperted te the Department Difectef and the City ManageL Exceptiens may be made fer extenuating cirnumstances, such as empleyees eut en leaves ef absence (see sectien 7). The Human Reseurnes Department 1.vill feviev,r all of the peffermance rntings and calculate the base pay salaFy incrnases and/m cash rnwmds to be av1aFded fef each fating level based en the base pay matfix funding estaelished by the City Ceuneil. 63 March 27, 2018 Item #2 Page 179 of 236 1 . E1u,~_ina Vhi:8t@wat@r Attth@rity 2.1.Ifolm 'Nater Di8tri@t 3 .1. Oliveiooain Mtmieiipal Water D. t .. 4 1 Ot ,~r 18 n@t · · ay. at@r Di8tri@t 5 .1.Patlrn Dam M:tmieiipal Vlat@r Di8t . t (; 1 u u . . . fl@ · ., a @@1t08 Water Di8tri@t 7 1 ''i t I · · · · ,8 a1T1gat10n Di8ti·iet Every hvo years, the Human Resources D . on each City of Carlsbad benchmark clas ~part1:1ent ':v1ll compare salary and benefits inform . CO!llJlara!or group. Those elassificatioes ::;a110n wrth ajlpropriatc classificatioes in the at10n was a substantial match between the comp ~ ar~ considered benchmarks are those in "11ich th Ga lb d d e enc1es and d· f · " ere r s a an those for the comparator gro A ~ 01 ies reqmred for jobs at the City of ;o!lljla<ators .. The job matching is coflfillc: i:; th en;'i':"'ark reqaires a mi!HffiUHl ol' three o time the City Council may also re uest tha . Fe uman Resources Department. From time and compared to benchmark positio! at the ~f~~ ~~t~=~st:~;_alary and benefits data be reviev1ed Each City of Carlsbad job classification is assi . benchm_a~yositions are assigned to the salar ,gned to a specific salary range. The non respons1b1hty and/or knovAedge skills and ]tt~uctur~ based on internal relationships s\lF·eyed ,. ' • 11t1es ofJobs Th b h ' I'-e,ery two years and the benchmark eo : . ~ee11,r,mark salary data will be c ass1fications change mithin the . . mpar1sons will be modified nzhen th fr orgaru.zat10n. h e Hum~ Resources 'Nill provide the CC A ,, , • • and adjustments. Ei 1 .ath supportmg data for all salary range e· 1 4 -,ra ua 10ns ree~mmendatiollii to Gity Gouncil that are b.:.;d., ,rmg ~rth salary range movemeat Periodically the Human Resour D . ces epartment rn·ll b · :t; mclude one or more salary ranges. CCEA and thonC1:1a_rke~ and economic conditions, and may range movements. e lt:r agree that the City mill neg f t 1 fr o ia e sa ary VI. TRAINING In an effort to support th . . t . _e organ1zat10n during th t . . . rammg program will bed . d e 1'ans1t10n to this new syste . SI - 1 . . esigru, · to enhance th ,. I· · ffi, an extensive 0 ls trammg will include·e e' a uatwn and feedback slc1·11s of , · · " supervisors • p 'B . er~rmance Plam1ing Compet . • Coachmg, Counseling and Feedback • Compensation Administration • Performance Planning Goal Setting These training sessi .11 1 . _ons wi occur prior to the p :t; s-0~ls ':vill b~ applied. After the initial trainin er o~ance Management phase in v.rhich these P_"r10ilie nmew sessiollii for GGEA and M g, the Huma!i Resources DCjlartment will offer ~upervis~ry skills and to train employees ~~~!11'ent employee_s to reinforce managerial and mformat10n seminars during mork h t. b i i. employees will be provided mith mate . 1 d l'ay fo I' i; " ours o e pro"ided b th G" w na s an rer~rmance System. ,yeity to help them understand the 66 March 27, 2018 Item #2 Page 182 of 236 VII. GLOSSARY 1. Base Pay increase A prospective pay increase to an employee's base salary, as calculated to exclude any additional pays. 2. Base pay matrix Matrix that determines the base pay increases and cash rewards to be given to eligible employees. 3. Cash rev,ard ,'\. 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 matri)c. 5. Survey market List of Council approved agencies to be used ,,vhen reviewing market competitiveness. VIII. RE OPENER CCEA and the City agree to form a task force to revie\v the Pay for Performance system and identify areas for improvement and propose changes. CCEA. and the City agree to a mmcimum of two reopeners during the term of this contract to negotiate modifications to Article 54 (Pay for Performance Guidelines). Article 54 PAY RANGES Each City of Carlsbad job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification. Any non-probationary employee may be advanced in the pay range regardless of the length of time served at the employee's present pay rate. This advancement requires the written recommendation of the employee's manager and the approval of the employee's department head and City Manager. If, as a result of a pay range adjustment, an employee's base salary falls below the minimum of the pay range, the employee's salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment. Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges. CCEA and the City agree that the City will negotiate salary range movements. Effective January 1, 2019 all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0 .5%) and the maximum increase equal to three percent (3%). Effective January 1, 2020 all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). 67 March 27, 2018 Item #2 Page 183 of 236 Article 55 SURVEY MARKET In keeping with the City Council's philosophy of surveying the total compensation of local agencies. the agencies listed below will be considered in the survey market for CCEA. 1. City of Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Cajon 5. City of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. City of Oceanside 11. City of Poway 12. City of San Marcos 13. City of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. County of San Diego The seven (7) agencies listed below will also be considered in the survey market for the job classifications of: • Cross Connection Control Technician, • Senior Cross Connection Control Technician. • Sanitation Systems Operator 1/11/111, • SCADA Technician. • Utility Worker I/II/III, • Waste Water Utility Worker I/11/111 and • Water Systems Operator I/11/111. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Irrigation District Artiele 55 ST,'\NDBY REOPENER At any time during the term of the MOU, the City may reopen negotiations on the issue of the use of standby duty. CCEA acknowledges that the City has the management right to decide whether or not to assign employees to standby duty and that any negotiations shall be regarding 68 March 27, 2018 Item #2 Page 184 of 236 the effects of the City's decision on CCEi\ members. This reopener will not be utilized to strike or remove any provisions of l\rticle 14 section 10 as to standby duty that continues to be used for a particular classification. Article 56 REOPENER At any time during the term of the MOU, after CalPERS announces their actual rate ofreturn for the prior fiscal year, if the CalPERS "discount rate" (i.e., actual rate ofreturn) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of CalPERS retirement. 69 March 27, 2018 Item #2 Page 185 of 236 IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute the Memorandum of Understanding the day, month, and year noted below. City of Carlsbad STEVE S,'\RKOZYKEVIN CRAWFORD, City Manager Date Approved as to form: CELIA BREWER, City Attorney Date Carlsbad City Employees' Association TYE GILLESPIE, President, CCEA Date 70 March 27, 2018 Item #2 Page 186 of 236 ATTACHMENT B BENEFITS RETAINED BY CMWD EMPLOYEES A. Health Insurance The City will provide employees and dependents with a choice of ACWA-Blue Cross Prudent Buyer, ACWA-California Care, or ACWA-Kaiser health insurance. The City will provide any of the ACWA policies at no cost to the employee. During the month of July 1992, the City shall hold an open emollment for the City's health, dental, and vision insurance programs. If an employee elects to emoll in the City's health, dental and/or vision insurance program(s), he/she is not eligible to return to the current plan(s) as set forth above and below, and thereafter may only participate in City sponsored plan(s). B. Health Insurance for Retirees The City will pay, after retirement of an employee, premiums for existing medical coverage provided the employee has met the following requirements: 1. Voluntarily retired after the age of 50 with no less than five years of service, and whose age combined with years of service equals 70 or more; or 2. Retired by having reached the mandatory retirement age established under the State of California Public Employees' Retirement System with no less than five years of service. Medical coverage for the Retiree will be coordinated with Medicare and other benefits provided by federal and state law, and will thereby be reduced when the Retiree qualifies for those benefits. Medical coverage for the spouse and dependents of a Retiree will be coordinated with Medicare and other benefits provided by federal and state law, and will thereby be reduced when the spouse qualifies for those benefits. Upon death of the Retiree, health insurance coverage for the spouse and dependents will be continued, provided the spouse keeps the City informed of his/her name, address and marital status. In the event such spouse remarries, his or her eligibility for such coverage ceases immediately and shall be terminated. As used herein, "spouse" shall mean the spouse of the employee at the time of the employee's retirement. If the Retiree divorces, neither his/her new spouse nor his/her former spouse will be eligible for coverage and it shall cease immediately and be terminated. The former spouse would only be eligible for continued health care coverage at his or her expense as required under federal law. March 27, 2018 Item #2 Page 187 of 236 C. Dental Insurance The City shall provide employees and dependents with a dental plan (Delta Care, Group No. 2692 or Delta Dental, Group No. 399-0139), including orthodontia coverage for dependent children only, at no cost to the employee. D. Eye Care Plan The City will provide employees and dependents with an eye care plan (VSP, Plan C, Group No. 228049 A-R). The plan will provide a reasonable amount of coverage at no cost to the employee. E. Life Insurance The City will provide the employee a group term life insurance policy (American Bankers Life Assurance Company of Florida, Plan No. 0670), which will provide protection of 1 x annual pay, up to a maximum of $50,000 at no cost to the employee. The City also provides Term Life Insurance and AD&D of $9,000. F. Deferred Compensation The City has established a Deferred Compensation Plan which employees may voluntarily participate in. The City shall match employee contributions up to a maximum of 7 .5% of an employee's bi-weekly earnings. G. Overtime Overtime shall be defined as work performed before or after the regularly scheduled work day or work week. Work in addition to the regularly scheduled work day shall be paid at the rate of time and one-half of an employee's pay. In addition, all hours worked on Sundays and holidays shall be paid at double time. H. Standby Two employees shall be on standby at all times. Each such employee shall remain on standby for a one week period and shall receive $30 per day for each day on standby assignment. The employee shall be compensated in the normal manner for any work performed. Standby shall not be regarded as call back work. I. Vacation Vacation accrual can be used in 15 minute increments. Accruals will be calculated daily. 1. Earnings Rates After completion of 20 years of continuous service, an employee will be granted vacation at the rate of 33 minutes per day. 2 March 27, 2018 Item #2 Page 188 of 236 2. Carryover of Unused Vacation Hours Vacation time accumulation as of January 1 each year may be permitted as follows: Employees with 20 or more years of service -400 hours Effective January 1 of each year, vacation time in excess of the above-mentioned hours will be eliminated. J. Sick Leave Buyback 1. An employee has the option of selling back to the City 100% of any accumulated sick leave in excess of 250 hours. 2. The City, at its discretion, may purchase any accumulated sick leave from an employee. K. Sick Leave at Termination 1. Retirement Upon retirement in accordance with either the voluntary service or compulsory service retirement provisions of CalPERS, an employee will receive 50% of all accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. 2. Death Upon an employee's death, while still employed, all compensation due an employee will be paid to his/her designated beneficiary. Compensation for all accumulated vacation time, 50% of all sick leave up to 250 hours, and 100% of sick leave in excess of 250 hours shall also be made. 3. Discharge The Department Head shall notify any such employees of discharge in writing. All such discharged employees shall be entitled to any normal compensation due, and shall receive all accumulated vacation time due. If employed at least one year, an employee will receive 50% of all accumulated sick leave up to 250 hours and 100% of any sick leave in excess of 250 hours. 4. Lay Off Layoffs may be required due to lack of work, a decrease in or loss of funds, or changing position requirements. Should layoffs be required, they will be implemented by considering an employee's proficiency, productivity, length of 3 March 27, 2018 Item #2 Page 189 of 236 employment, attendance, and reliability. Such employees shall receive two weeks written notice of layoff. When layoff is anticipated to exceed 14 days duration, the following shall apply: An employee will be paid all accumulated vacation pay due. If employed at least one year, an employee will receive 50% of all accumulated sick leave in excess of 250 hours to be reimbursable at 100%. 5. Resignation Employment may be terminated at will by an employee. If an employee wishes to resign, the City desires a two (2) week notice in writing. All accumulated vacation pay and sick leave compensation will be paid upon resignation. If employed at least one year, an employee will receive 50% of all accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. L. Long-Term Disability Long-term disability benefits shall be provided at 66-2/3% of pay, with a minimum monthly benefit of $50 and maximum benefit of $2,500. M. Special Merit for Education The City will continue a special merit award system to mutually benefit employees and the City by stimulating and rewarding employees for educational accomplishments. This program recognizes accomplishments in terms of operator certification according to the following: Grade Amount One $ 150 Two $ 300 Three $ 500 Four $1,000 The decision to grant this lump-sum award shall be made by an employee's supervisor, with approval by the Department Head. This is a one-time award granted after obtaining the above certificate(s). N. Non-Eligibility An employee shall not be eligible for the following benefits provided by the City: 1. Compensatory time off accrual as set forth in Article 15, Section 4 of the MOU with CCEA. An employee shall be eligible to accrue no more than 40 hours of such compensatory time. 2. State disability insurance as provided by the State of California, Article 35 of the MOU with CCEA. 4 March 27, 2018 Item #2 Page 190 of 236 ATTACHMENT DC COMPENSATION AND BENEFITS SUMMARY -CCEA REPRESENTED EMPLOYEES WORKING A REDUCED FTE SCHEDULE For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing 0.5 FTE) pro-rated benefits are calculated based on 75% and 50% of the full benefits and will be applied respectively. The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the remaining incumbent must convert to full-time until another job-share partner is found. COMPENSATION: Employees on a reduced FTE schedule will be compensated at an hourly rate based on the current salary schedule. Salary will be calculated based on the number of actual hours worked and salary earned. Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA). The regular work week should not exceed 30 hours per week for 75% time positions or 20 hours per week for 50% time positions. If there are occasional extra hours worked, the time should be reported appropriately to payroll as extra hours. Extra hours should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule. Bilingual Pay Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an amount that is prorated by the appropriate reduced FTE percentage. BENEFITS: Health Insurance Deductions Employees working a reduced FTE schedule are eligible to participate in the same health insurance programs as full-time employees. Employees working a reduced FTE schedule may select one of the City's medical plans and will be enrolled as an employee with full benefit coverage. Because reduced FTE employees work fewer hours per pay period, they will be eligible for a prorated percentage of the benefits credits for which full time employees are eligible. (Refer to benefit rate sheets.) Leave Accruals • SICK LEA VE: rate. Accrued at appropriate prorated percentage of the full-time accrual March 27, 2018 Item #2 Page 191 of 236 • VACATION: rate. Accrued at appropriate prorated percentage of the full-time accrual • HOLIDAY PAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a Holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with his/her supervisor when to take a regularly scheduled work shift in that same pay period as a Holiday. • FLOATING HOLIDAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid for 0.5 FTE employees. An employee whose scheduled shift duration exceeds the hours of Holiday pay could get approval from their supervisor to work extra hours in the pay period in which a Holiday falls to make up for the reduced number of hours paid for the Holiday. An employee may also choose to take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non- Holiday, if an employee leaves early or takes time off accrued leave balances must be exhausted prior to taking leave without pay. PERS Service Credit Future retirement benefit and employee contributions (made by the City) are adjusted for lesser earnings. A full time employee receives one year of service credit for every ten or more months of full time employment during the fiscal year. A 75% time employee is credited with .90 of a year (.75 x .100 year credit x 12 months) for one year of75% time employment. A 50% employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50% employment. Long Term Disability The City pays the premium based on actual earnings. State Disability Insurance The City pays the premium based on actual earnings. Any future potential benefit may be reduced, as SDI looks at quarterly wages reported for a 12 month period beginning roughly 18 months before the date of disability. Life Insurance and Supplemental Life Insurance The benefit is based on regular base salary. Employee Computer Purchase Program Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan. Employee Education Program Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement. I understand and agree to the reduced FTE terms outlined above and agree to the terms and conditions set forth in this document. 2 March 27, 2018 Item #2 Page 192 of 236 ATTACHMENT ED MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF ASSIGNMENT Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees' Association (CCEA), I, am accepting the assignment of the Maerkle Facilities Steward and acknowledging the following requirements, responsibilities and terms of the assignment: 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the City. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City's Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental · Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. March 27, 2018 Item #2 Page 194 of 236 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response -Notification-Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month ( except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward's responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City and communicated to the Steward in writing with sixty ( 60) calendar days advance notice of any changes. The City shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. Upon change of Steward, the outgoing Steward shall have the propane tank filled and the carpets professionally cleaned, and provide verification of such to the 2 March 27, 2018 Item #2 Page 195 of 236 Water Operations supervisor. The outgoing Steward will have the option of being billed for these services by the City. If the outgoing Steward selects this option, the Steward will provide a thirty (30) calendar days' notice and the City will have the propane tank filled and the carpets professionally cleaned. 5. Term The City maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City's discretion and the City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days' notice to the Steward. There shall be an annual review of the Steward's performance with Water Operations supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. 6. Sole Place of Residence The crew member assigned as the Steward shall maintain the residence as his/her sole place of residence. 7. Others Living at Residence Only the Steward and a reasonable number of persons who constitute a bona fide single household unit shall be allowed to reside at the house. 8. Vehicles The Maerkle Facilities Steward shall drive a City vehicle. No more than three private vehicles shall be kept at the residence unless pre-approved by the Water Operations supervisor. 9. Firearms The Steward shall not carry any firearms in the performance of his/her duties or in City vehicles and shall not discharge any firearms on City property. Any firearms that are personal property of the Steward shall be allowed to be stored at the residence provided they are securely stored. The Steward will notify the Water Operations Supervisor in advance of bringing any firearms on the premises and shall show proof of secured storage. 10. Parties The Steward shall notify his/her the Water Operations Supervisor, in writing, at least seven (7) calendar days in advance of any party at the residence involving fifteen ( 15) or more people. 3 March 27, 2018 Item #2 Page 196 of 236 11. Pets The Steward shall be allowed to have pets and any outdoor pets shall remain within the fenced portion of the property provided for this purpose. The Steward shall be responsible for any damages caused by pets. The Steward may not keep pets known to be VICIOUS. The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll deductions will begin for this amount starting with the beginning of the pay period on I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibility and Agreement to Term of Assignment and understand it. By signing below, I am agreeing to these terms in their entirety. Employee Signature Date 4 March 27, 2018 Item #2 Page 197 of 236 ATTACHMENT FE SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad ("CITY") and __________ _ ("EMPLOYEE") with reference to the following facts: Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in EMPLOYEE's job classification. In consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows : 1. Termination of Employment Relationship The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of , 20_, with EMPLOYEE's last actual day at work being , 20_ 2. Benefits of Agreement A. In consideration of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE's separation from the CITY as a reduction in force when applying for unemployment with the State of California Employment Development Department (EDD). EMPLOYEE agrees to use the date of _______ , 20_ as the effective date of separation. B. While EMPLOYEE's separation date is _________ , 20_, any health insurance benefits EMPLOYEE receives will continue until ------- 20_; dental and vision, if any, will continue until _______ ., 20_ C. EMPLOYEE will receive the equivalent of three (3) months' base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 Right to Revoke Agreement, has expired. D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which-EMPLOYEE would otherwise be entitled upon separation. E. EMPLOYEE agrees that he/she has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinafter with any governmental agency or any court arising out of his/her employment with the CITY. EMPLOYEE further agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of his/her employment; however, he/she shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing EMPLOYEE's rights under this Agreement. EMPLOYEE fully releases and discharges the CITY, its council members, officers, employees, agents and attorneys, from all actions, causes of action, March 27, 2018 Item #2 Page 198 of 236 claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to EMPLOYEE's employment with the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213); the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)l-17); and the California Fair Employment and Housing Act (Gov. Code§§ 12900-12996). EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HA VE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3. Entire Agreement This Agreement constitutes the sole and exclusive understanding of the parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY. 4. Severability If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction. 5. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this Agreement shall be brought in the Superior Court of California, County of San Diego, North County Judicial District. 6. Advisement-to Consult with Experts The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attorney or professional ofEMPLOYEE's choice and EMPLOYEE's own expense. 2 March 27, 2018 Item #2 Page 199 of 236 7. Right to Revoke Agreement A. EMPLOYEE may revoke this Agreement within seven (7) business days of the date ofEMPLOYEE's signature. Revocation can be made by delivering a written notice ofrevocation to the CITY's current Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh (7th) business day after EMPLOYEE signs this Agreement. B. If EMPLOYEE exercises his/her right to revoke consent to this Agreement during the seven (7) day period after he/she signs this Agreement, this Agreement shall not be effective or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C. 8. Non-Admission of Liability The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the termination of the employment relationship. 9. Reemployment Rights EMPLOYEE and CITY agree that any rights to reinstatement to any current or future vacancy will be governed by the layoff provision (Article 44) of the Memorandum of Understanding between the CITY and the Carlsbad City Employees' Association (CCEA) in effect at the time of the separation. 10. Effective Date of Agreement Provided no notice of revocation is received by CITY pursuant to Section 7, this Agreement shall become effective on the eighth (8th) business day from the date in which this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh (7th) calendar day after receipt of the Agreement by CITY. EMPLOYEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND THAT HE/SHE UNDERSTANDS IT AND IS VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40 YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. §§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST FORTY-FIVE (45) DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO LATER THAN SEVEN (7) DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT TIDS AGREEMENT DOES NOT BECOME 3 March 27, 2018 Item #2 Page 200 of 236 EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY PERIOD HAS EXPIRED. IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing his/her name hereto. City of Carlsbad City Manager Date Approved as to Form Date by City Attorney Employee Date 4 March 27, 2018 Item #2 Page 201 of 236 Exhibit 3 SALARY SCHEDULE -CARLSBAD CITY EMPLOYEES' ASSOCIATIONGENER.'U. EMPLOYEES December 19, 2016March 27, 2018 CLASSIFICATION ACCOUNT CLERK I ACCOUNT CLERK II ACCOUNTANT ACCOUNTING SUPERVISOR ACCOUNTING TECHNICIAN ADMINISTRATIVE SECRETARY APPLICATIONS ANALYST APPLICATI ONS ASSOCIATE ANALYST AQUATICS SPECIALIST ASSISTANT ENGINEER ASS ISTANT PLANNER ASSISTANT TO THE TREASURER ASSOCIATE CONTRACT ADMINISTRATOR ASSOCIATE ENGINEER ASSOCIATE PLANNER BU ILDING INSPECTOR I BUILDING INSPECTOR II BUILDING MAINTENANCE WORKER I BUILDING MAINTENANCE WORKER II BUILDING TECHNICIAN II BUSINESS INTELLIGENCE ANALYST BUSINESS SYSTEMS ASSOCIATE BUS I NESS SYSTEMS SPECI ALIST RANGE 17 -2-§28 68 55.§4 4{}45 42 94 75 ~50 82 64 ~74 52 98 78 55 70 29 41 50 94 70 84 BUSINESS SYSTEMS SPECIALIST Y-RATED*84Y BUYER/CONTRACT ADMINISTRATOR 63 CLIENT SYSTEMS ADMINISTRATOR -&+88 CLIENT SYSTEMS ASSOC. ADMIN I STRATOR.§.l-52 CIRCULATION SUPERVI SOR 37 CODE Enforcement Officer I 43 CODE Enforcement Officer II M58 COMMUNITY OUTREACH SUPERVISOR 58 CRIME PREVEN TION SPECIALIST 44 CROSS CONNECTION CONTROL TECHN I CIAN.§-667 CUSTODIAN 6 CUSTODIAN II DEPUTY CITY CLERK ELECTRICI AN ENGINEERING TECHNICIAN I ENGINEERI NG TECHNICIAN II ENVIRONMENTAL SPECI ALIST I ENVIRONMENTAL SPECIALI ST II EQUIPMENT SERVICE WORKER EQUIPMENT TECHNICI AN I EQUI PMENT TECHNICIAN II FIRE PERMIT TECHNICIAN I FIRE PERMIT TE CHNICIAN II GIS ADMINI STRATOR GIS ANALYST GIS ASSOCIATE ANALYST GIS TECHNICIAN GRAPHIC ARTIST HOUS I NG ASS I STANT HOUSING SPECIALIST I HOUSING SPECIALIST II HUMAN RESOURCES TECHNICIAN 16 ~58 M-62 45 .§.+60 ~53 ~70 -±-8-21 -3-44 3 51 35 52 109 84 70 60 ~49 -&G-22 4-648 -6--±63 42 CLASSIFICATION RANGE INSPECTOR I M57 INSPECTOR II 70 JUNIOR ENGINEER 68 JUNIOR PLANNER 50 JUVENILE JUSTICE PROGRAM COORD. 58 LEAD EQUIPMENT TECHNICIAN 61 LEAD LIBRARIAN 63 LEGAL ASSISTANT 56 LEGAL TECHNICIAN 80 LEGAL SECRETARY 49 LIBRARIAN 55 LIBRARIAN Y-RATED* LIBRARY ASSISTANT I LIBRARY ASSISTANT II LIBRARY CLERK I LI BRARY CLERK II 55Y 26 37 3 6 LIBRARY MEDIA&GRAPHICS SUPERVISOR 58 MAINTENANCE AIDE -Htl3 MAINTENANCE WORKER I MAIL CLERK/MESSENGER METER SERVICES WORKER I METER SERVICES WORKER II METER SERVICES WORKER III NETWORK ASSOCIATE NETWORK ENGINEER OFFICE SPECIALIST I -l--4-17 1 11 33 46 -+G71 -&+88 5 Hl2 OFFICE SPECI ALI ST II OPERATIONS/MAINTENANCE STOREKEEPER+3-47 PARK MAINTENANCE SPECIALIST 41 PARK MAINTENANCE WORKER II 28 PARK MAINTENANCE WORKER III 46 PARK PLANNER 85 PLANNING TECHNICIAN I PLANNING TECHNICIAN II -3--&3 7 50 POL I CE RECORDS SPECIALI ST I 17 POLICE RECORDS SPECIALIST II 22 PRODUCTION TECHNICIAN ~43 RECORDS SUPERVISOR .§-665 RECREATION ASSISTANT 10 RECREATION SPECIALI ST ,2.-g30 RECREATION SUPERVI SOR 54 RISK TECHN I CIAN ~53 SANITATION SYSTEMS OPERATOR I 4-656 SANITATION SYSTEMS OPERATOR II 65.§-6 SANITATION SYSTEMS OPERATOR III BO~ SCADA TECHNICIAN 92-8-4- SECRE TARY 34 SENIOR APPLICATIONS ANALYST 109 SENIOR BUILDING I NSPECTOR 85 SENIOR BUILDING MAINTENANCE WORKER.§.l-53 SENI OR BUSINESS SYSTEMS SPECIALIST 99 SENIOR CIRCULATION SUPERVISOR 50 SENIOR CODE ENFORCEMENT OFFI CER 78 SENIOR CONSTRUCTION INSPECTOR 85 SENIOR CONTRACT ADMINISTRATOR ~80 *Employees in the Librarian Classification as of 6/18/13 who were hired prior to 1/1/10 have salaries that are y- rated in the salary range 55Y. *Employee in the Business Systems Specialist Classification transferred as a result of9/1/2014 CCEA sideletter March 27, 2018 Item #2 Page 202 of 236 CLASSIFICATION RANGE SENIOR CROSS CONN. CONTROL TECH. -6-67 7 SENIOR DATABASE ADMINISTRATOR -l-Hll4 SENIOR HUMAN RESOURCES TECHNICIAN 52 SENIOR ELECTRICIAN .f,.072 SENIOR ENVIRONMENTAL SPECIALIST -8-485 SENIOR LIBRARIAN 73 SENIOR NETWORK ENGINEER -l-Hll4 SENIOR OFFICE SPECIALIST -2-2-2 3 SENIOR PLANNER -&±95 SENIOR STORM DRAIN MAINT. WORKER 4&58 SENIOR WEB ENGINEER SITE MANAGER STOREKEEPER STORM DRAIN MAINTENANCE WORKER STREET MAINTENANCE WORKER II STREET MAINTENANCE WORKER III TECHNICIAN I TRAFFIC SYSTEMS OPS SPECIALIST TRAINING COORDINATOR TREE TRIMMER I TREE TRIMMER II TREE TRIMMER LEADWORKER UTILITY MAINTENANCE WORKER III UTILITY WORKER I UTILITY WORKER II UTILITY WORKER III VALVE MAINTENANCE WORKER WASTE WATER UTILITY WORKER I WASTE WATER UTILITY WORKER II WASTE WATER UTILITY WORKER III WAREHOUSE TECHNICIAN WATER CONSERVATION SPECIALIST -l-Hll4 ±-8-22 -3--444 -2--8-33 46 35 80 49 ~25 -3-±36 -%51 4--§54 .W40 52-4--3 63.§.4. 4--§54 41.W 52-4--3 67.§.4. 43 4-041 WATER CONSERVATION SPECIALIST-CMWD 42 WATER SYSTEMS OPERATOR I 67.f,.O WATER SYSTEMS OPERATOR II WATER SYSTEMS OPERATOR III 77::µ;} 87-8--G- Exhibit 3 March 27, 2018 Item #2 Page 203 of 236 Exhibit 3 THE CITY OF CARLSBAD GENERAL EMPLOYEE CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE Effective 3/27/2018 HOURLY Bl-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 1 $14.84 $17.13 $19.41 1 $1,187.20 $1,370.00 $1,552.80 2 $14.99 $17.30 $19.61 2 $1,199.20 $1,384.00 $1,568.80 3 $15.14 $17.47 $19.80 3 $1,211.20 $1,397.60 $1 ,584.00 4 $15.29 $17.65 $20.00 4 $1,223.20 $1,411.60 $1,600.00 5 $15.44 $17.82 $20.20 5 $1,235.20 $1,425.60 $1,616.00 6 $15.60 $18.00 $20.40 6 $1,248.00 $1,440.00 $1,632.00 7 $15.75 $18.18 $20.61 7 $1,260.00 $1,454.40 $1,648.80 8 $15.91 $18.36 $20.81 8 $1,272.80 $1 ,468.80 $1 ,664.80 9 $16.07 $18.55 $21.02 9 $1,285.60 $1,483.60 $1,681.60 10 $16.23 $18.73 $21.23 10 $1,298.40 $1,498.40 $1,698.40 11 $16.39 $18.92 $21.44 11 $1,311.20 $1,513.20 $1 ,715.20 12 $16.56 $19.11 $21 .66 12 $1,324.80 $1,528.80 $1,732.80 13 $16.72 $19.30 $21.87 13 $1,337.60 $1,543.60 $1,749.60 14 $16.89 $19.49 $22.09 14 $1,351.20 $1,559.20 $1 ,767.20 15 $17.06 $19.69 $22.31 15 $1,364.80 $1,574.80 $1,784.80 16 $17.23 $19.89 $22.54 16 $1,378.40 $1,590.80 $1,803.20 17 $17.40 $20.08 $22.76 17 $1,392.00 $1,606.40 $1,820.80 18 $17.58 $20.29 $22.99 18 $1,406.40 $1,622.80 $1,839.20 19 $17.75 $20.49 $23.22 19 $1,420.00 $1,638.80 $1,857.60 20 $17.93 $20.69 $23.45 20 $1,434.40 $1,655.20 $1,876.00 21 $18.11 $20.90 $23.69 21 $1,448.80 $1,672.00 $1,895.20 22 $18.29 $21 .11 $23.92 22 $1,463.20 $1,688.40 $1,913.60 23 $18.47 $21.32 $24.16 23 $1,477.60 $1,705.20 $1,932.80 24 $18.66 $21 .53 $24.40 24 $1,492.80 $1,722.40 $1,952.00 25 $18.84 $21.75 $24.65 25 $1,507.20 $1,739.60 $1,972.00 26 $19.03 $21.96 $24.89 26 $1,522.40 $1,756.80 $1,991.20 27 $19.22 $22.18 $25.14 27 $1,537.60 $1,774.40 $2,011.20 28 $19.41 $22.41 $25.40 28 $1,552.80 $1,792.40 $2,032.00 29 $19.61 $22.63 $25.65 29 $1,568.80 $1,810.40 $2,052.00 30 $19.80 $22.86 $25.91 30 $1,584.00 $1,828.40 $2,072.80 31 $20.00 $23.08 $26.16 31 $1 ,600.00 $1,846.40 $2,092.80 32 $20.20 $23.32 $26.43 32 $1,616.00 $1,865.20 $2,114.40 33 $20.40 $23.55 $26.69 33 $1,632.00 $1,883.60 $2,135.20 34 $20.61 $23.79 $26.96 34 $1,648.80 $1,902.80 $2,156.80 35 $20.81 $24.02 $27.23 35 $1,664.80 $1,921.60 $2,178.40 36 $21 .02 $24.26 $27.50 36 $1,681.60 $1,940.80 $2,200.00 37 $21.23 $24.50 $27.77 37 $1,698.40 $1,960.00 $2,221.60 38 $21.44 $24.75 $28.05 38 $1,715.20 $1,979.60 $2,244.00 39 $21.66 $25.00 $28.33 39 $1,732.80 $1,999.60 $2,266.40 40 $21.88 $25.25 $28.62 40 $1,750.40 $2,020.00 $2,289.60 41 $22.09 $25.50 $28.90 41 $1,767.20 $2,039.60 $2,312.00 42 $22.31 $25.75 $29.19 42 $1,784.80 $2,060.00 $2,335.20 43 $22.54 $26.01 $29.48 43 $1,803.20 $2,080.80 $2,358.40 44 $22.76 $26.27 $29.78 44 $1,820.80 $2,101 .60 $2,382.40 45 $22.99 $26.53 $30.07 45 $1,839.20 $2,122.40 $2,405.60 46 $23.22 $26.80 $30.38 46 $1,857.60 $2,144.00 $2,430.40 Page 1 of 6 March 27, 2018 Item #2 Page 204 of 236 Exhibit 3 THE CITY OF CARLSBAD GENERAL EMPLOYEE CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE Effective 3/27/2018 HOURLY Bl-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 47 $23.45 $27.07 $30.68 47 $1,876.00 $2,165.20 $2,454.40 48 $23.69 $27.34 $30.99 48 $1,895.20 $2,187.20 $2,479.20 49 $23.92 $27.61 $31.30 49 $1,913.60 $2,208.80 $2,504.00 50 $24.16 $27.89 $31.61 50 $1,932.80 $2,230.80 $2,528.80 51 $24.40 $28.16 $31.92 51 $1,952.00 $2,252.80 $2,553.60 52 $24.65 $28.45 $32.24 52 $1,972.00 $2,275.60 $2,579.20 53 $24.89 $28.73 $32.57 53 $1,991 .20 $2,298.40 $2,605.60 54 $25.14 $29.02 $32.89 54 $2,011 .20 $2,321.20 $2,631.20 55 $25.40 $29.31 $33.22 55 $2,032.00 $2,344.80 $2,657.60 55Y ----$33.39 55Y ----$2,671.20 56 $25.65 $29.60 $33.55 56 $2,052.00 $2,368.00 $2,684.00 57 $25.91 $29.90 $33.89 57 $2,072.80 $2,392.00 $2,711.20 58 $26.1 6 $30.20 $34.23 58 $2,092.80 $2,415.60 $2,738.40 59 $26.43 $30.50 $34.57 59 $2,114.40 $2,440.00 $2,765.60 60 $26.69 $30.80 $34.91 60 $2,135.20 $2,464.00 $2,792.80 61 $26.96 $31.11 $35.26 61 $2,156.80 $2,488.80 $2,820.80 62 $27.23 $31.43 $35.62 62 $2,178.40 $2,514.00 $2,849.60 63 $27.50 $31.74 $35.97 63 $2,200.00 $2,538.80 $2,877.60 64 $27.77 $32.05 $36.33 64 $2,221.60 $2,564.00 $2,906.40 65 $28.05 $32.38 $36.70 65 $2,244.00 $2,590.00 $2,936.00 66 $28.33 $32.70 $37.06 66 $2,266.40 $2,615.60 $2,964.80 67 $28.62 $33.03 $37.43 67 $2,289.60 $2,642.00 $2,994.40 68 $28.90 $33.36 $37.81 68 $2,312.00 $2,668.40 $3,024.80 69 $29.19 $33.69 $38.19 69 $2,335.20 $2,695.20 $3,055.20 70 $29.48 $34.03 $38.57 70 $2,358.40 $2,722.00 $3,085.60 71 $29.78 $34.37 $38.95 71 $2,382.40 $2,749.20 $3,116.00 72 $30.07 $34.71 $39.34 72 $2,405.60 $2,776.40 $3,147.20 73 $30.38 $35.06 $39.74 73 $2,430.40 $2,804.80 $3,179.20 74 $30.68 $35.41 $40.13 74 $2,454.40 $2,832.40 $3,210.40 75 $30.99 $35.76 $40.53 75 $2,479.20 $2,860.80 $3,242.40 76 $31 .30 $36.12 $40.94 76 $2,504.00 $2,889.60 $3,275.20 77 $31 .61 $36.48 $41.35 77 $2,528.80 $2,918.40 $3,308.00 78 $31.92 $36.84 $41.76 78 $2,553.60 $2,947.20 $3,340.80 79 $32.24 $37.21 $42.18 79 $2,579.20 $2,976.80 $3,374.40 80 $32.57 $37.59 $42.60 80 $2,605.60 $3,006.80 $3,408.00 81 $32.89 $37.96 $43.03 81 $2,631.20 $3,036.80 $3,442.40 82 $33.22 $38.34 $43.46 82 $2,657.60 $3,067.20 $3,476.80 83 $33.55 $38.72 $43.89 83 $2,684.00 $3,097.60 $3,511 .20 84 $33.89 $39.11 $44.33 84 $2,711.20 $3,128.80 $3,546.40 85 $34.23 $39.50 $44.77 85 $2 ,738.40 $3,160.00 $3,581.60 86 $34.57 $39.90 $45.22 86 $2,765.60 $3,191 .60 $3,617.60 87 $34.91 $40.29 $45.67 87 $2,792.80 $3,223.20 $3,653.60 88 $35.26 $40.70 $46.13 88 $2,820.80 $3,255.60 $3,690.40 89 $35.62 $41 .11 $46.59 89 $2,849.60 $3,288.40 $3,727.20 90 $35.97 $41 .52 $47.06 90 $2,877.60 $3,321 .20 $3,764.80 91 $36.33 $41.93 $47.53 91 $2,906.40 $3,354.40 $3,802.40 92 $36.70 $42.35 $48.00 92 $2,936.00 $3,388.00 $3,840.00 Page 2 of 6 March 27, 2018 Item #2 Page 205 of 236 Exhibit 3 THE CITY OF CARLSBAD GENERAL EMPLOYEE CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE Effective 3/27/2018 HOURLY Bl-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM RANGE MINIMUM MID-POINT MAXIMUM 93 $37.06 $42.77 $48.48 93 $2,964.80 $3,421.60 $3,878.40 94 $37.43 $43.20 $48.97 94 $2,994.40 $3,456.00 $3,917.60 95 $37.81 $43.64 $49.46 95 $3,024.80 $3,490.80 $3,956.80 96 $38.19 $44.07 $49.95 96 $3,055.20 $3,525.60 $3,996.00 97 $38.57 $44.51 $50.45 97 $3,085.60 $3,560.80 $4,036.00 98 $38.95 $44.96 $50.96 98 $3,116.00 $3,596.40 $4,076.80 99 $39.34 $45.41 $51.47 99 $3,147.20 $3,632.40 $4,117.60 100 $39.74 $45.86 $51.98 100 $3,179.20 $3,668.80 $4,158.40 101 $40.13 $46.32 $52.50 101 $3,210.40 $3,705.20 $4,200.00 102 $40.53 $46.78 $53.03 102 $3,242.40 $3,742.40 $4,242.40 103 $40.94 $47.25 $53.56 103 $3,275.20 $3,780.00 $4,284.80 104 $41.35 $47.72 $54.09 104 $3,308.00 $3,817.60 $4,327.20 105 $41 .76 $48.20 $54.63 105 $3,340.80 $3,855.60 $4,370.40 106 $42.18 $48.68 $55.18 106 $3,374.40 $3,894.40 $4,414.40 107 $42.60 $49.17 $55.73 107 $3,408.00 $3,933.20 $4,458.40 108 $43.03 $49.66 $56.29 108 $3,442.40 $3,972.80 $4,503.20 109 $43.46 $50.16 $56.85 109 $3,476.80 $4,012.40 $4,548.00 110 $43.89 $50.66 $57.42 110 $3,511.20 $4,052.40 $4,593.60 111 $44.33 $51.16 $57.99 111 $3,546.40 $4,092.80 $4,639.20 112 $44.77 $51.67 $58.57 112 $3,581 .60 $4,133.60 $4,685.60 113 $45.22 $52.19 $59.16 113 $3,617.60 $4,175.20 $4,732.80 114 $45.67 $52.71 $59.75 114 $3,653.60 $4,216.80 $4,780.00 Page 3 of 6 March 27, 2018 Item #2 Page 206 of 236 Exhibit 4 ADMINISTRATIVE ORDER NO. 64 March 6, 2003March 27. 2018 TO: ___ .ALL DEPARTMENTS FROM: ___ C_ity_,__M_an_a_._.g~er SUBJECT: DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES OPER,'\.TINC COMMERCIAL VEHICLESIN SAFETY SENSITIVE POSITIONS ENCLOSURES: DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES OPERz'\TING COl'vllVIERCIAL VEHICLESIN SAFETY SENSITIVE POSITIONS PURPOSE To implement a drug and alcohol testing policy for employees who operate commercial vehicles to ensure that employees are fit for duty and to protect our employees and the public from risks posed by the use of alcohol and controlled substances. This policy also complies with the policy of the U.S. Department of Transportation and Federal Motor Carrier Safety Administration's regulations. BACKGROUND The City of Carlsbad implemented a Drug and Alcohol Testing Policy for Commercial Drivers in 1997 in response to a Federally mandated program governed by the Department of Transportation. On August 1, 2001 Periodically, the Department of Transportation amended amends its policy for commercial drivers and on A.ugust 17, 2001 the Federal Motor Carrier Safety Administration amended amends its policy. The attached City of Carlsbad policy is updated to reflect the recent changes mandated by these federal agencies. POLICY See Attachment A ACTION This policy is effective immediately. March 27, 2018 Item #2 Page 207 of 236 Attachment A CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONSDRIVERS OPERATING COMMERCIAL VEHICLES 2 March 27, 2018 Item #2 Page 208 of 236 CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS TABLE OF CONTENTS SECTION A. PURPOSE B. CONTACT FOR POLICY QUESTIONS C. COVERED EMPLOYEES D. SAFETY SENSITIVE FUNCTIONS E. PROHIBITED CONDUCT F. CONSEQUENCES FOR VIOLATIONS FG. REFUSAL TO SUBMIT TO AN ALCOHOL AND/OR DRUG TEST GH. DRUG TESTING HI. ALCOHOL TESTING IJ. TYPES OF TESTS REQUIRED 1. Pre-employment/Pre-Duty Testing 2. Post-Accident 3. Random Testing 4. Reasonable Suspicion 5. Return-to-Duty/Follow-up JK. PRESCRIPTION DRUG USE KL. CONSEQUENCES OF POSITIVE TEST RESULTS Ml.. SUBSTANCE ABUSE PROFESSIONAL MN. COVERED EMPLOYEE ASSISTANCE PROGRAM NO. RECORD KEEPING OP. ACCESS TO RECORDS ~-TRAINING 2B· NOTICE TO COVERED EMPLOYEES RS. COMPLIANCE WITH FEDERAL LAW APPENDIX A -LIST OF COVERED CLASSIFICATIONS APPENDIX B-DEFINITIONS APPENDIX C-TESTING PROCEDURES 3 PAGE NUMBER 3 34 ---d34 4 45 5 S6 e7 89 10-9- 911 120 13-l 142 14 -1-315 -1-315 -1-315 -1-316 -1416 -l-S17 -l-S17 -l-Sl7 -le18 18 22 March 27, 2018 Item #2 Page 209 of 236 DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES OPERATING COMMERCIAL VEHICLESIN SAFETY SENSITIVE POSITIONS The City of Carlsbad is committed to a workplace free from the influence and effects of drugs and alcohol that may adversely affect a coveredn employee's work performance, efficiency, safety and health. It is important to ensure the welfare and safety of all covered employees to perform their work in a drug-free environment. In support of this commitment, the City's Drug and Alcohol Policy has been established for all covered employees consistent with the Drug Free Workplace Act. For those employees whose job requires specific use of a commercial vehicle, this policy has been established to outline requirements consistent with the Department of Transportation regulations related to commercial drivers. Any covered employee who violatesifl.g this policy.,_ :that-jeopardizes the safety or welfare of themselves or others.,_ or :that-creates risk of property loss or damage may be subject to disciplinary action including termination f:Fem----of employment. A. PURPOSE This policy establishes guidelines in compliance with the Federal Drug-Free Workplace Act of 1988, Federal the Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act), the Department ofFederal Transportation Administration, Federal Motor Carrier Safety Administration, (FMCSA) Federal Highway- Administration (FHWi\) regulations of 1994 (49 C.F.R. parts 40 and 382 et seq.), the California Drug-Free Workplace Act of 1990, and Section 34520(a) of the California Vehicle Code. DOT Regulations Each of these measures r equires that regular drug and alcohol testin g b e performed on covered employees in safety.=-sensitive positions who operate specified commercial vehicles. The purpose of t h is policy is to assure that City commercial vehicles are operated in a safe manner and th at the public is protected from risks associated with the use of alcohol or drugs in the operation of City commercial vehicles. Members of the Carlsbad City Employees' Employees' Association (CCEA) are still required to comply with the provisions of the drug and alcohol policy included in any applicable -thfflr-Memorandum Of Understanding (MOU). The obligations and requirements set forth below are in addition to existing provisions, and shall prevail where provisions in the MOU conflict with this Policy. Covered employees are required to submit to alcohol and $-igdrug testing administered in accordance with federal regulations the federal rules 382.601 (b)(7) as a condition of employment vJith these regulations. Covered employees shall be asked to sign a statement certifying that they have each received a copy of this policy and understand its contents. This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 can be found on the internet at the Department of Transportation Office of Drug and Alcohol Policy and Compliance website http: //www.dot.gov I odapc. 4 March 27, 2018 Item #2 Page 210 of 236 B. CONTACT FOR POLICY QUESTIONS Covered eEmployees having any questions regarding their rights and obligations under this policy should submit their questions to, the Human Resources Department.4e City's Human Resources DireeteF. C. COVERED EMPLOYEEDILTJJERS Individuals who are required to have or utilize a commercial driver's license to operate (i.e., drive) the following commercial motor vehicles are considered "covered employees"~ 1. a vehicle with a gross combination weight of at least 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; 2 . a vehicle with a gross vehicle weight of at least 26,001 pounds; 3. a vehicle designed to transport 16 or more passengers, including the driver; or 4. a vehicle of any size required to be placarded under Department of Transportation hazardous material regulations. The City of Carlsbad job classifications listed in Appendix A require or utilize a commercial driver's license, and are therefore subject to the provisions of this policy. However, aH-a covered employee may be given a written exemption from this policy signed by the Human Resources Director if the covered employee's employee's classification is listed in Appendix :A: but the covered employee does not operate.L and is not expected to operate, the commercial motor vehicles listed above. All covered employees will be subject to pre-employment, reasonable suspicion, post- accident, random, return-to-duty, and follow-up drug and/or alcohol testing. Applicants for safety.:_-sensitive positions will not be hired.l nor will current covered employees be assigned to safety sensitive functions unless they pass a drug test. Pre-employment Inquiries Applicants for classifications listed in Appendix A will be subject to inquiries about any violations from prior employers within the past ten years which shall include, but not be limited to, testing positive or refusal to take a pre-employment test. D. SAFETY SENSITIVE FUNCTIONS Covered employees m-ay-shall not be under the influence or in possession of alcohol or controlled substances during work hours, standby hours, or when engaged in any of the following safety sensitive functions involving a commercial motor vehicle (CMV): 1. Driving or being in a CMV. 2. Performing maintenance on a CMV. 3 . Inspecting or servicing a CMV. 5 March 27, 2018 Item #2 Page 211 of 236 4. Loading or unloading a CMV. 5. Supervising or assisting the loading or unloading of a CMV. 6. Attending a vehicle being loaded or unloaded. ___ 7e . Waiting to load or unload a CMV or waiting to be dispatched. 8 . While in readiness to operate a CMV. 9. While obtaining assistance or remaining in attendance on a disabled CMV. 10. Performing all other functions in or upon a CMV (except resting in a sleeper berth) 11 . When submitting to a test required by this policy. E. PROHIBITED CONDUCT Covered employees shall not engage in any of the following behaviors conduct while performing, preparing to perform, or waiting to perform a safety-sensitive function: 1. Covered employees may not reportare prohibited from reporting for duty or staying on duty: a. with a blood alcohol concentration of G-,-G40.02 or greater; b. if in possession of alcohol or products containing alcohol; c. if using consuming alcohol; BF d. within four hours after using alcohol.,.; or ______ e. with a quantifiable presence of marijuana, cocaine, phencyclidine (PCP), opiates or amphetamines in the body above the minimum thresholds required by law. 2. Covered employees who have been involved in an accident may not use alcohol until post-accident testing is done (see Section 1-2) or for a period of eight (8) hours after the accident, whichever comes occurs first. 3. Covered employees may not report for duty or stay on safety sensitive duty if the covered employee uses any controlled substance. Exceptions may be made to this ruling in the case of controlled substances prescribed by a licensed medical practitioner, provided the licensed medical practitioner has indicated that the substance will not adversely affect the covered employee_!~s ability to safely operate a CMVperform safety-sensitive functions, and such usage is reported by the covered employee to the employee's supervisor. 4. Covered employees may not report for duty or stay on safety sensitive duty if they have tested positively on a drug and/ or alcohol test or have adulterated or altered a specimen as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substancesubstituted a test specimen. A "positive test" includes a blood alcohol concentration equal to or greater than 0.G4-02on an alcohol test, and/ or a positive finding for controlled substances on a drug test. 5. Covered employees shall not directly or through a third party, manufacture, sell, distribute, dispense, or otherwise attempt to manufacture, sell, or distribute alcohol, drugs, or controlled substances during work hours, including meal or rest breaks or while on City premises. 6 March 27, 2018 Item #2 Page 212 of 236 ---~6_. __ Covered employees may-shall not possess alcohol or drugs while on duty, while on City property, or in a City vehicle nor shall they use City property or premises to manufacture, sell, or distribute alcohol, drugs, or controlled substances. ___ 7_._· _Covered employees may-shall not refuse to submit to drug aruifor alcohol testing as required by federal law or regulation (see Section FG), or report to duty or remain on duty to perform any safety sensitive function after refusing to submit to testing. 8. A covered employee's absences or tardiness as a result of having been under the influence of alcohol, drugs, or controlled substances during non-work time shall be considered unexcused absences. F. CONSQUENCES FOR VIOLATIONS Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the covered employee will be immediately removed from safety- sensitive duty and may be referred to a Substance Abuse Professional. Following a BAC of 0 .02 or greater, but less than 0.04, the covered employee will be immediately removed from safety-sensitive duties for at least eight (8) hours unless a retest results in the covered employee's alcohol concentration being less than O. 02. G. REFUSAL TO SUBMIT TO AN ALCOHOL AND/OR DRUG TEST A covered employee who refuses to submit to alcohol aruifor drug testing required by the City pursuant to this policy, shall be prohibited from performing or continuing to perform safety sensitive functions. Afr-A covered employee.'.~s refusal to submit to alcohol aruifor drug testing required by the City for any reason shall be considered an act of insubordination and may result in disciplinary action, up to and including termination. Refusal to submit includes, but is not limited to: 1. Failure to provide adequate quantity of breath for alcohol testing, without valid medical explanation, after being notified of the requirement for breath testing; 2. Failure to provide an adequate quantity of urine sample for drug testing, without a genuine inability to provide a specimen (as determined by medical evaluation), after being notified of the requirement for urine testing; 3. Engaging in conduct that clearly obstructs the testing process, i.e., failure to permit monitoring or observation of provision of a sample; 4. Refusal to sign any required forms, or refusal to otherwise cooperate with the testing process; 7 March 27, 2018 Item #2 Page 213 of 236 5 . Not reporting to the collection site in the time allotted by the supervisor or manager who directs the covered employee to be tested; 6. Failure to remain at the testing site until the testing process is complete; 7. Leaving the scene of an accident without authorization from a supervisor or manager charged with determining whether or not testing is necessary; 8 . Consuming alcohol during the eight (8) hours immediately following an accident and prior to testing; 9. If the Medical Review Officer (MRO) reports that you have a verified adulterated or substituted test result..,.; 10. Failure to take a second test if required by the supervisor or manager, or the test collector; and 11. Failure to undergo a medical exam or evaluation as directed by the MRO, as part of the verification process. In the case of pre-employment controlled substance testing this does not apply unless a contingent offer of employment has been made. HG. DRUG TESTING Drug testing involves urine sampling and shall be conducted in strict accordance with the procedures required by the Department of Transportation. The sample shall be collected in a private location, and split into two specimens for the purpose of retesting if necessary. Testing shall be conducted by a laboratory certified by the Department of Health and Human Services. Pursuant to FHWl, regulations, uUrine specimens shall be screened for the following substances: 1. Amphetamines/Methamphetamines/MDMA (i.e. speed and crystal); 2. Cocaine metabolites; 3. Opiates (i.e. codeine, heroin, and morphine); 4. Phencyclidine (PCP), and 5. THC (Marijuana). Drug testing is a two-stage process. If an initial screening is positive for one or more of the above drugs, then a second -'-'-:confirmation:-'-'-test will be performed for each identified drug using state-of-the-art gas chromatography /mass spectrometry (GC/MS) analysis. GC/MS ensures that over the counter medications are not reported as positive tests is used to perform specific test which positively identifies the presence of a particular substance. The urine samples also undergo validity testing. This testing evaluates the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted._ 8 March 27, 2018 Item #2 Page 214 of 236 MRO Verification of Positive Test Results A Medical Review Officer (MRO) will review and verify all positive drug test results_ and dilute results. The MRO will be a licensed physician (medical doctor or doctor of osteopathy) with knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an affected covered employee's test result, medical history, and other relevant biomedical information. Prior to verifying a positive drug test result, the MRO will contact the affected covered employeedriver, on a confidential basis, to provide the covered employee_-with an opportunity to discuss the test result. If, after making reasonable efforts, the MRO is not able to contact the affected covered employee directly, the MRO will contact the City Designated Employer Representative (DER) or the Human Resources DirectoF. The DER or Human Resources Director will, in a confidential manner, immediately contact the covered employee and request that the covered employee contact the MRO immediately. The DER or Human Resources Director will then notify the MRO that this request has been made of the covered employeedriver. The DER or Human Resources Director will also inform the covered employee driver of the consequences of failing to contact the MRO within the next 72 hours. The MRO may verify the positive and dilute test result without input from the affected employee_: 1. If the employee_ specifically declines to discuss the test result; or 2. If, after making reasonable efforts, neither the MRO nor the DERHuman Resources Director _is able to contact the affected covered employee within 10 days after the MRO receives the positive test result from the laboratory; or 3 . If the covered employee fails to contact the MRO within 72 hours after being requested to do so by the DER~ces Director. 4. In the case of a dilute result the MRO may request the drivercovered employee to submit to a repeat test upon learning of this result. The recollection may be ordered under observation and with a minimum of advance notice. If a serious injury or illness or other unavoidable circumstances prevented the covered employee from contacting the MRO within the above time frames, the covered employeeemployeedriver may present documentation of the injury, illness or circumstances to the MRO within 60 days of the verification. The MRO may elect, based on the information, to reopen the verification and allow the covered employeeemployeedriver an opportunity to provide a legitimate explanation for the positive test result. If the MRO concludes that there is a legitimate explanation, the MRO will declare the test result to be negative. Notification of Tests Results by MRO and Testing of Split Specimen If the MRO verifies a positive drug test result, the MRO will notify the DER or Human Resources Director. In addition, the MRO will notify and advise the affected covered 9 March 27, 2018 Item #2 Page 215 of 236 employee employeedriver that the covered employeeemployeedriver has 72 hours from the time of notification in which to request a test of the split specimen. If the covered employeeemployeedriver makes such a request, the MRO will direct the laboratory who conducted the primary test to provide the split specimen to another certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of drugs or if the split specimen is unavailable, inadequate for testing, or untestable, the MRO shall cancel the test and report the reasons for the cancellation to the Department of Transportation, the City DER esignate d Employer Representative or Human Resources Director, and the affected covered employeeemployeedriver. If the split specimen is reconfirmed, the MRO shall notify the DER or Human R€rnources Dire---Bffir and the covered employeeemployeedriver of the test results. If a serious injury or illness or other unavoidable circumstances prevented the covered employeeemployeedriver from contacting the MRO within 72 hours to request a test of the split specimen, the covered employeeemployeedriver may present documentation of the injury, illness or circumstances to the MRO. If the MRO concludes that there is a legitimate explanation for the covered employeeemployeedriver's failure to contact the MRO within 72 hours, the MRO shall direct that the analysis of the split specimen be performed._ Notification of Test Results by City The Designated Employer Representative ~sources Director will notify an applicant of the results of a pre-employment drug test if the applicant requests the results within 60 calendar days after having been notified of the disposition of the employment application. The Designated Employer Representative or Human Resources Director will notify ~ covered employeeemployeedriver of the results of a random, reasonable suspicion, or post-accident drug test if the test results are verified positive. The Designated Employer Representative or Human Resources Directo:r-will also notify the covered employeeemployeedriver which drug(s) were verified as positive. HI. ALCOHOL TESTING Alcohol testing will meet federal regulations requiring the use of an evidential breath- testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA). The alcohol screening will be performed by a trained and certified Breath Alcohol Technician (BAT). An alcohol testing form will be completed by the covered employeeemployeedriver and the BAT to ensure the results are properly recorded. Two breath tests are required to determine if the covered employee employeedriver has a prohibited alcohol concentration. An initial screening test will be conducted first, and any result less than 0 .02 alcohol concentration will be considered a negative test with no further testing required. If the alcohol concentration is 0 .02 or greater, a second "confirmation" test shall be conducted. When a confirmation test is required, the EBT equipment shall print the screening and confirmation test numbers in sequential order. The device shall also 10 March 27, 2018 Item #2 Page 216 of 236 print the result, date and time of both tests, along with the name and serial number of the EBT equipment in order to ensure the reliability of the results. IJ. TYPES OF TESTS REQUIRED The following tests are required by the regulations for covered employees who perform safety sensitive functions: 1. Pre-employment/Pre-Duty Testing Pre-employment alcohol tests are conducted after making a contingentconditional offer of employment or transfer. All applicants for classifications which are covered by this policy, including covered employees employeedrivers who transfer from non-covered to covered classifications, will be required to submit to pre-employment/pre-duty drug testing after an conditional offer of employment or transfer is made and prior to performing safety sensitive functions. _Applicants will not be hired, assigned and/ or transferred to a safety sensitive function if they refuse to take a drug test or have a positive test result. Similarly, a negative pre-employment dn1g test result is required before covered employee can first perform safety- sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions. Covered applicants who have previously failed or refused a DOT pre- employment drug and/ or alcohol test with a prior employer must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements. 2 . Post-Accident As required by the FMC SA ederal Motor Carrier Safety Regulations 4 9 CFR Part 382.303, p_Eost-accident alcohol testing will be conducted on all covered emploveesdrivers as soon as practicable following: a. an accident involving a human fatality; or b. an accident for which the covered employeedriver receives, within eight hours after the accident, a traffic citation for a moving violation and one of following also occurs: ( 1) bodily injury necessitating immediate receipt of medical treatment away from the accident scene; or (2) vehicle damage necessitating the vehicle be towed away from the accident scene. In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City using the best information available at the time of the decision, will be tested. 11 March 27, 2018 Item #2 Page 217 of 236 The above testing requirements do not apply to: a. an accident involving only boarding or alighting from a stationary motor vehicle; b. an accident involving only the loading or unloading of cargo; or c. an accident that occurs in the course of operating a passenger car or a multipurpose passenger vehicle unless the motor vehicle is transporting passengers for hire or the motor vehicle is required to be placarded under the Department of Transportation hazardous material regulations.:. Post-accident alcohol tests should be administered within 2 hours, but no1 later than 8 hours following an accident. A post-accident drug test must be conducted within 32 hours following the accident. If an alcohol test is not administered within 2 hours or a drug test is not administered within 32 hours following an accident, the City shall prepare and maintain a record stating the reasons the test was not promptly administered. A covered employee driver who is subject to post-accident testing must remain readily available for such testing or may be deemed as refusing to submit to testing. However, this requirement should not prohibit a covered employeedriver from leaving the scene of an accident to request assistance in responding to the accident, or delay obtaining necessary emergency medical treatment for any injured people. A driver covered employee will not be allowed to consume any alcohol for up to 8 hours after an accident unless the driver covered employee has already been tested regarding the specific accident or the driver covered employee has been specifically released from the testing obligation. 3. Random testing Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Covered employees will be subject to and must submit to random drug and alcohol testing as follows: Each year the City will conduct a number of random alcohol tests equal to at least 10% of the average number of covered employees. This percentage rate may be adjusted in the future based on the nationwide violation rates. A random alcohol test will only be administered just prior to or while the covered employee is performing a safety sensitive function, or just after the covered employee has stopped performing a safety sensitive function. 12 March 27, 2018 Item #2 Page 218 of 236 Each year the City will conduct a number of random drug tests equal to at least 50% of the average number of covered employees. This percentage rate may also be adjusted in the future based on the nationwide violation rates. A random drug test may be administered at any time while on duty, regardless of the functions being performed. The City will select covered employees for random alcohol and controlled substances using a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employee numbers or other comparable identifying numbers. Tests will be unannounced and spread throughout the calendar year. Under the selection process used, each driver covered employee shall have an equal chance of being tested each time selections are made. Consequently, some covered employees may be tested more than once a year, while other may not be tested at all. Once aB: covered employee has been notified that he or she has been selected for testing, he or she must be available for testing and must proceed to the testing site immediately. 4. Reasonable Suspicion The City will require a covered employee to submit to an alcohol and/ or drug test whenever a trained City official or supervisor has reasonable suspicion that the covered employee has violated the prohibitions in this policy concerning alcohol and drug use. The determination that reasonable suspicion exists for alcohol and/ or drug testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech -and-for body odors of the covered employee. For drug testing, the observations may also include indications of the chronic and withdrawal effects of drugs. Alcohol testing under this section will only occur if the observations described above are made just prior to or while the covered employee is performing safety-sensitive functions, or just after the covered employee has stopped performing such functions. The alcohol test should be administered within two hours, but cannot be administered any later than eight hours, following the determination that there is reasonable suspicion for the test. If the alcohol test is not administered within eight hours, the DER Human Resources Director shall prepare and maintain a record stating the reasons for not administering the test. Even when a reasonable suspicion alcohol test is not administered under this section, if a trained City official or supervisor has reasonable suspicion that a covered employee is under the influence of or impaired by alcohol, the covered employee may not report for or perform safety-sensitive functions until either: a . An alcohol test is administered and the covered employee~cs alcohol concentration measures less than 0.02; or 13 March 27, 2018 Item #2 Page 219 of 236 b . Twenty-four hours have elapsed following the reasonable suspicion determination. The trained City official or supervisor who made the observations leading to a reasonable suspicion alcohol or drug test must make and sign a written record of those observations within 24 hours of the observations or before the results of the test are released, whichever is earlier. To ensure that supervisors are trained to make reasonable suspicion determinations, those vested with such authority will attend at least one hour of training on drug use and at least one hour of training on alcohol misuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of drugs. 5. Return-to-duty/Follow-up Any covered employee who has violated the provisions of this policy, and who the City continues to employ, must submit to a return-to-duty alcohol or drug test before they can return to their safety-sensitive position. The alcohol test must indicate an alcohol concentration of less than 0.02 and the drug test must have a verified negative result. In addition, if a covered employee tests positive on an alcohol or drug test administered under this policy and the City decides to continue to employ this individual, the covered employee will be evaluated by a Substance Abuse Professional (SAP) to determine what, if any, _assistance the covered employee needs in resolving problems associated with alcohol misuse or drug use. If the SAP determines that the covered employee requires such assistance, the covered employee will be subject to unannounced follow-up alcohol aE-Elfor drug tests following the employee's return to duty. _The number and frequency of the follow-up tests shall be determined by the SAP, but will consist of at least six unannounced follow-up tests in the first 12 months following the covered employee's return to duty and the testing period may continue up to a period of 60 months . .,. Follow-up alcohol testing will be conducted just prior to or while the covered employee is performing safety-sensitive functions, or just after the driver covered employee has stopped performing such functions. JK. PRESCRIPTION DRUG USE Prescription drugs shall not be possessed or used by a covered employee other than the covered employee for whom the drug is prescribed by a licensed medical practitioner. A prescription drug shall be used only in the manner, combination, and quantity prescribed. A covered employee must advise his or her supervisor of the use or influence of anv prescription drug prior to beginning work, when taking the medication or drug could interfere with the safe and effective performance of duties, or the operation of a City vehicle, such that the covered employee poses a direct threat to the health and safety of himself/herself or others. 14 March 27, 2018 Item #2 Page 220 of 236 A covered employee's failure to provide this notice in a timely manner can result in discipline, up to and including termination of employment. In the event t here is a question regarding a covered employee's ability to safety and effectively perform assigned duties wh ile using such m edications or drugs, clearance from a qualified physician may be required. KL. CONSEQUENCES OF POSITIVE TEST RESULTS If results of a post-accident, random, or reasonable suspicion alcohol or drug test are positive, or if afl covered employee has refused a test (including adulterating or substituting a urine sample), the City will take the following actions: 1. Immediately remove any covered employee who has engaged in prohibited drug or alcohol use from his or her safety sensitive functions. 2. Aa covered employee whose alcohol test indicates an alcohol concentration level is-of greater than 0.02, but less than .04, will be removed from his or her safety sensitive duties and other assigned other duties for at least 24 hours, and will be subject to disciplinary action, up to and including termination. The covered employee will be retested before returning to safety sensitive duties. 3. If afl covered employee tests positive for drugs, or if the alcohol concentration level is 0.04 or greater, the covered employee will be removed from his or her safety_: sensitive position until an evaluation has been d-e-ae-completed by a Substance Abuse Professional (SAP)l and any recommended treatment is completedconcluded as determined by the SAP. A satisfactory return-to-duty test must be achieved before the covered employee can return to safety sensitive duties. 4. A positive alcohol or drug test will be the basis for disciplinary action, up to and including termination._ 5. A violation of this policy also constitutes a violation of the City's general Drug and Alcohol policy, and disciplinary action will be implemented, up to and including termination. Discipline may be imposed regardless of whether or not a covered employee is convicted of any crime related to any violation of this policy. 6. A covered employee's violation of the City's Drug and Alcohol policy that may constitute criminal conduct or violation of the DOT regulations may be reported to the appropriate law enforcement agencies or subject the covered employee to civil penalties. M K . SUBSTANCE ABUSE PROFESSIONAL 1 A Substance Abuse Professional is a licensed physician, psychologist social worker. or addiction counselor 15 March 27, 2018 Item #2 Page 221 of 236 The City will provide only an assessment by a Substance Abuse Professional. If employment is continued, the City has no obligation to provide or pay for further treatment or rehabilitation, as this is the responsibility of the covered employee. However, some financial assistance may be available under the City's health insurance plan. NL. COVERED EMPLOYEE ASSISTANCE PROGRAM The City has retained the services of an Employee Assistance Program (EAP). Covered E~mployees with drug or alcohol problems are encouraged to consult with the EAP and obtain services in accordance with regular City procedures. OM. RECORD KEEPING Records shall be maintained on test results, prevention programs, policies, training, drug use and alcohol misuse, refusals to submit to testing, covered employee evaluations, and the annual summary of the City~'-s testing program. The retention period for the records is as follows: 1. Five-Year Retention Period This pertains to the results of alcohol tests of 0.02 or higher, verified positive drug tests, documentation of any covered employee who has refused to submit to a required drug or alcohol test, calibration documents, covered employee assessments and referrals by the Substance Abuse Professionals, documents related to the administration of the testing program, and each calendar year summary. 2. Two-Year Retention Period This pertains to records documenting the collection process for the drug and alcohol tests, and training of supervisors. 3. One-Year Retention Period This pertains to any alcohol test results that are less than 0.02 and the documentation of any negative or canceled drug test. Indefinite Retention Period This pertains to records of the education and training of breath alcohol technicians, screening test technicians, supervisors, and covered employees. These records shall be maintained by the City (or, where appropriate, the City's testing agent) during the period the individual who is the subject of the records performs the functions which require the training and for two years after the individual ceases to perform those functions. Confidentiality of Records Laboratory reports or test results shall not appear in aB: covered employee~'-s general personnel folder, except when aB: covered employee is disciplined because of the results of those tests. All test results and report information will be contained in a separate confidential medical file that will be kept under the control of the DERHurnan Resources Director. Test results may be disclosed to City management 16 March 27, 2018 Item #2 Page 222 of 236 on a need-to-know basis and to the tested covered employee, or to the designated representative of the tested covered employee upon written request from the covered employee. All records will be kept strictly confidential; however, the regulations require that they be made available for inspection at the City within two business days following a request by an authorized person as listed below. PN . ACCESS TO RECORDS The following agencies shall have access to all testing records without the verbal or written consent of covered employees: 1. the City of Carlsbad decision-makers in proceedings initiated either by the City or the covered employee as a result of testing; 2. the Department of Transportation or any state or local official with regulatory authority over the City or any of its covered employees; or 3. the National Transportation Safety Board when conducting an investigation of an accident where drug and/ or alcohol testing was performed. 4 . All who are listed in -FMCSR's (382.405) QO . TRAINING The City will provide information concerning the City's procedures regarding drug use and alcohol misuse to supervisors and covered employees. City training shall include one ( 1) hour of training for covered employees and two (2) hours of training for supervisors on the topics required by the Department of Transportation. RP . NOTICE TO COVERED EMPLOYEES Covered employees will receive a copy of this policy prior to its effective date. Covered employees who are hired after the effective date shall be given a copy at the time they begin employment with the City. §Q. COMPLIANCE WITH FEDERAL LAW At all times, the City will comply with the current applicable federal law concerning drug and alcohol testing. Issues or inconsistencies that are not addressed in this policy will be determined by referring to the law and official regulations outlining policies and procedures, etc. relative to the law. Due to the complexities involving the law and this type of policy, not all of the particulars may necessarily be covered in this policy. The City reserves the right to make changes to this policy that are mandated by law at any time. 17 March 27, 2018 Item #2 Page 223 of 236 APPENDIX A LIST OF COVERED CLASSIFICATIONS The following job classifications require or utilize a commercial driver's license, and are therefore subject to the provisions of this policy: CLASSIFICATION COMMUNITY SERVICESPARKS AND RECREATION: Senior Center: ¥an-Bus Driver, part-time f'.lffilflj'-(if employee possesses a commercial driver's license) Tree Trimmer I & II Tree Trimmer Leadworker .:!:Park Maintenance Worker II (if employee possesses a commercial driver's license) .:!:Park Maintenance Worker III (if employee possesses a commercial driver's license) Parks/Trees Supervisor (if employee possesses a commercial driver's license) PUBLIC WORKS: Fleet: Equipment Service Worker (if employee possesses a conunercial driver's license) Equipment Technician I (if employee possesses a commercial driver's license) Equipment Technician II Lead Equipment Technician Public Works Supervisor (if employee possesses a commercial driver's license) Streets: Maintenance Worker (if employee possesses a c_::.9mmercia l driver·s license) Street Maintenance Worker II Street Maintenance Worker III Senior Storm Drain Maintenance Worker UtilitiesMaintenance and Operations: Sanitation Systems Operator I Sanitation Systems Operator II & III Utility Worker I Utility Worker II Utility Worker III Utilities Supervisor (if employee possesses a commercial driver's license) Wastewater Utilitv Worker I Wastewater Utility Worker II Wastewater Utility Worker Ill CJ\<WlD Constrnction/}.faintenance Worker II -lJ-t-i-l+ty-Ma-intef,anee-VJ!.ePk-er-111 Classifications •,vith an "* " are covered on an "as the assignment requires" basis Revised ~3/27 /2018 18 March 27, 2018 Item #2 Page 224 of 236 Appendix B DEFINITIONS 1. "Accident" -an incident involving a commercial motor vehicle in which there is a fatality, or a citation was issued and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene. 2. "Actual knowledge" means actual knowledge by an employer that a ai=i-veJ:-covered employee has used alcohol or controlled substances based on the employer's direct observation of the covered employee, information provided by the driver's covered employee's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an covered employee's admission of alcohol or controlled substance use, except as provided in Sec. 382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of covered employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under Sec. 382.307. 3. "Adulterated Specimen" -A specimen that contains a substance that is not expected to be present in human urine, or contains a substance expected to be present but is at a concentration so high that it is not consistent with human urine. 4. "Alcohol" -means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl or isopropyl alcohol. References to use or possession of any beverage, mixture or preparation containing ethyl alcohol (including any medication containing alcohol). 5. "Alcohol Test" -A test conducted by a Breath Alcohol Technician, or any other person approved by the DOT rules, using an Evidential Breath Testing Device to measure the amount of alcohol concentration in a volume of breath, or any other test used to detect the presence of alcohol that is approved by the Federal Highway Administration (FHW A). 6. "Alcohol Use" -the consumption of any beverage, mixture, or preparation, including any medication containing alcohol. 7. "ASD" -Alcohol Screening Device (a non-evidential tester). 8. "Breath Alcohol Technician (BAT)" -means an individual trained to proficiency and certified in the use of an evidential breath testing device. 9. "Cancelled Test" -means a test has been declared invalid by a Medical Review Officer (MRO) for drug testing or for alcohol under 40.&+273 (1 -3) of 49 CFR. 10. "CDL" -means a Commercial Driver's License. 11. "CFR" -Code of Federal Regulation. 12. "Chain of Custody" -the procedures used to document the handling of the urine specimen from the time the covered employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen by tracking its handling and storage from the point of specimen collection to its final disposition. 13. "Collection Site" -a place where individuals present themselves for the purpose of providing breath or body fluid to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment, facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment of the specimens to a laboratory. 14. "Commercial Motor Vehicle" -a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: 19 March 27, 2018 Item #2 Page 225 of 236 a) Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or b) Has a gross vehicle weight rating of 26,001 or more pounds; or c) Is designed to transport 16 or more passengers, including the driver; or d) Is of any size and is used in the transportation of hazardous materials requiring placards. 15. "Confirmation Test" -for alcohol testing, a confirmation test means a second test following a screening test with a result of0.02 or greater, that provides a quantitative data of alcohol concentration. Confirmation of the screening test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration's (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result and air blank, and must sequentially number each test. For controlled substances testing, a confirmation test means a second analytical procedure to identify the presence of specific drug metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen in order to ensure reliability and accuracy. Gas Chromatography/Mass Spectrometry (GCMS) is the authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine. 16. "Controlled Substances/Drugs" -for purposes of these procedures, controlled substances or drugs are cocaine, marijuana, opiates, amphetamines, phencyclidine and any other substance determined by the U.S. Department of Transportation to be a controlled substance. 17. "Controlled substance ( or Drug) Test" -a method for determining the presence of controlled substances in a urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR 40. 18. "CPL" -Conforming Products List. 19. "DER" -Designated EinQ1.oyer Representative 20+9. "DHHS" -means the United States Department of Health & Human Services. 21(l "DOT" -means the United States Department of Transportation. 2I+. "Drug & Alcohol Policy" -policy set up by the City of Carlsbad to provide the necessary elements to promote a drug free working environment. Hereinafter referred to as Policy. 2}.2-. "EAP" -means an Employee Assistance Program provided by the City of Carlsbad to assist its covered employees in dealing with drug or alcohol dependency or other personal problems. 2.:!_3-. "Employee" -means any person employed by the City of Carlsbad. 22_4. "Employer" -means a person or entity employing one or more employees (including an individual who is self- employed) that is subject to DOT agency regulations requiring compliance with this part. Employer also means the entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals employed by the entity who take personnel actions resulting from violations of this part and any applicable DOT agency regulations. Service agents are not employers. 2_§_.§.. "Evidential Breath Testing Device (EBT)" -a device approved by the NHTSA and placed on NHTSA's Conforming Products List and is used for the evidential testing of breath. 20 March 27, 2018 Item #2 Page 226 of 236 5) fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure 6) fails or declines to take a second test the employer or collector has directed the ooveF-covered employee to take; 7) fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under this policy. In the case of a pre-employment drug test, the covered employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment; 8) fails to cooperatea (refuses to empty pockets when so directed by the collector or behaves in a confrontational way that disrupts the collection process); 9) is reported by the MRO as having a verified adulterated or substituted test result. Any covered employee who has been determined to have "refused to test" will face the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met. 40. "Safety-Sensitive Function" -any of the following duties: • Operating a revenue service vehicle, including when not in revenue service (6f'-iwfs-covered emplovees and others required to operate revenue vehicles as part of their job duties): • Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial Driver's License; • Controlling dispatch or movement of a revenue service vehicle ( dispatchers or those who as part of their job duties fill in for a dispatcher or cross-train): • Maintaining a revenue service vehicle or equipment used in revenue service (mechanics, service mechanics, service helpers, and vehicle washers); • Any other employee required to hold a CDL as part of their job requirements (site Supervisors, Operations Supervisors, Site Office Personnel, etc.) 41. "Substance Abuse Professional (SAP)" -a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor ( certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. 42. "Screening Test (also known as an initial test)" - • In alcohol testing, a screening test means an analytical procedure to determine whether af! covered employee may have prohibited concentration of alcohol in his or her system. • In controlled substances testing, a screening test means an immunoassay screen ( or other DHHS-approved test) to eliminate "negative" urine specimens from further consideration. 43 . "Service Agent" -any person or entity, other than an employee of the employer, who provides services specified under this part to employers and/or covered employees in connection with DOT drug and alcohol testing requirements. This includes, but is not limited to, collectors, BATs, laboratories, MROs, substance abuse professionals, and TP As. To act as service agents, persons and organizations must meet the qualifications set forth in applicable sections of this part. Service agents are not employers for purposes of this part. 44. "Split Sample" -an additional sample collected with the original specimen, to be tested in the event the original specimen tests positive. 45. "STT" -Screening Test Technician. 46. "Substituted Specimen" -a specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine. 4 7. Third Party Administrator (TP A)" - a service agent that provides or coordinates the provision of a variety of drug and alcohol testing services to employers. TP A's typically perform administrative tasks concerning the 22 March 27, 2018 Item #2 Page 228 of 236 operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join to administer, as a single entity, the DOT drug and alcohol testing programs of its members. TP A's are not "employers" for purposes of this part. 48. "Verified Negative Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined to have no evidence of prohibited drug use. 49. "Verified Positive Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined to have evidence of prohibited drug use. 23 March 27, 2018 Item #2 Page 229 of 236 Appendix C TESTING PROCEDURES A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES A collector is a trained person who instructs and assists covered employees at a collection site, who receives and makes an initial inspection of the urine specimen provided by those covered employees, and who initiates and completes the Federal Drug Testing Custody and Control Form (CCF). The collector assures the integrity of the specimen and collection process, and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a DOT urine drug screen collection: 1. A restroom or stall with a toilet is provided for the covered employee to have privacy while providing the urine specimen. A source of water for washing hands, or moist towelettes must be provided. 2. Unauthorized persons are not allowed at the testing site during the collection. 3. The collector will prepare the site, taping off water supplies, removing soap and cleaning agents, and will blue the toilet water. 4. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the collector. The covered employee can request the full name and employer of the collector. The collector fills in the Custody and Control Form. 5. The covered employee must remove any outer garments and leave handbags, etc. with the collector. The covered employee may keep his/her wallet and may request a receipt for the belongings left with the collector. The covered employee must also empty his/her pockets and display the items in them. If none of the items can be used to adulterate a specimen, the covered employee may place the items back into his/her pockets. If any of the items could be used to adulterate a specimen and appear to have been brought to the collection site for that purpose, a directly observed collection will be taken. Failure to comply with this requirement constitutes a refusal to test. The_ covered employee is to wash hands prior to urination. 6. The collector allows the covered employee to select the collection kit, and unwraps or breaks the seal on the container in the presence of the covered employee. 7. The collector instructs the covered employee to provide a specimen of at least 45 ml, not to flush the toilet, and to bring the specimen out to the collector. 8. The collector is to pay close attention to the covered employee during the entire process to note any conduct that clearly indicates an attempt to substitute or adulterate a specimen. The collector ensures the temperature of the specimen falls within the prescribed range, checks the volume, and inspects the specimen for any unusual objects, color or smell. 9. After the covered employee hands the collection container to the collector, the collector unwraps or opens the specimen bottles. The collector pours at least 30 ml of urine from the collection container into one specimen bottle (A), and 15 ml into the other specimen bottle (B). The bottles are closed and the correct seals are placed over each cover. The collector writes the date on each seal and the covered employee initials under each date. 10. With the bottles now sealed with tamper-evident tape, the specimen does not have to be under the covered employee's direct observation and the covered employee is allowed to wash their hands if they desire. 11. The collector completes the collector's portion of the Custody and Control Form, and has the covered employee complete the certification statement in step 5 of copy 2 of the CCF. 12. The collector places the specimen bottles and copy 1 of the CCF inside the plastic pouch and seals both pouches. The covered employee is given copy 5. 24 March 27, 2018 Item #2 Page 230 of 236 13. The excess urine is discarded and the specimen pouch is put in a shipping container. The covered employee is now allowed to leave the collection site. 14. The collector is responsible for ensuring the security and the integrity of the specimen until the courier picks up the specimen for transport to the laboratory. B. PROCEDURES WHEN COVERED EMPLOYEE CANNOT PRODUCE THE REQUIRED AMOUNT OF URINE (SHY BLADDER) The term "shy bladder" refers to a situation when the covered employee does not provide a sufficient amount of urine (45 ml) for a DOT required drug test. If aa covered employee tells the collector, upon arrival at the collection site, that he or she cannot provide a specimen, the collector must still begin the collection procedure regardless of the reason given. The collector should tell the covered employee that most individuals can provide 45 ml of urine, even when they think they cannot urinate, and direct t-!IB-the covered employee to make the attempt to provide the specimen. If the covered employee provided an initial insufficient specimen, the collector discards the insufficient specimen, and makes a note on the CCF starting the time-line of the "shy bladder" procedure. The collector explains to the covered employee the process for a shy bladder collection and urges the covered employee to drink up to 40 ounces of fluids, distributed reasonably through a period ofup to three hours, or until the individual has provided a sufficient urine specimen, which-ever occurs first. The covered employee must be monitored during this time, and the collector must specifically tell the covered employee that they are not to leave the collection site. If the covered employee leaves the collection site or refuses to make the attempt to provide a sufficient urine specimen, this is considered a refusal to submit to a test. A refusal to test will carry the same consequences as a positive test result. If the covered employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide a specimen, the collector must discontinue the collection, note the fact on the CCF, and immediately notify the DER that the covered employee's inability to provide a specimen will require a medical evaluation. Failure to produce a sample of urine will result in an immediate referral for an evaluation from a licensed physician who can determine in his or her reasonable judgment the safety-sensitive covered employee's inability to provide an adequate amount of urine. Ifno medical reason is found substantiating an inadequate sample, the incident will be treated as a "refusal to test" and will carry the same consequences as a positive test result. Whenever there is reason to believe that a particular individual has altered or substituted the urine specimen, a second specimen shall be obtained as soon as possible under direct observation of a same gender collection site person. Reasons for observed testing include temperature of the specimen out of normal range, discoloration or unusual odor of the sample or suspicious behavior. C. GENERAL BREATH ALCOHOL TESTING PROCEDURES A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a DOT breath alcohol test. The BAT will instruct and assist the covered employee in providing a breath alcohol sample, and will complete the Federal DOT Breath Alcohol Testing Form (ATF). The BAT assures the integrity of the test and testing process and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a DOT breath alcohol test: 1. The collection site must afford visual and aural privacy to the covered employee, sufficient to prevent unauthorized persons from seeing or hearing test results. 2. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the BAT. The covered employee can request the full name and employer of the BAT. The BAT explains the testing process and completes step 1 of the A TF. 25 March 27, 2018 Item #2 Page 231 of 236 3. The BAT then directs the covered employee to complete step 2 of the ATF and sign the certification. If the covered employee refuses to sign this certification, the BAT will note this on the ATF, and immediately notify the DER. This is a refusal to submit to testing. 4. The BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test number. The covered employee is to see the blank test is 0.0 and to confirm the test number for his/her test. 5. The BAT will select and open a sealed mouthpiece and insert it into the EBT. The covered employee is now instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained. (If after two attempts an insufficient amount of breath is provided, the test is cancelled, the result noted on the A TF, and the DER notified. This is a refusal to submit). 6. The BAT will show the covered employee the test result and complete step 3 of the ATF. The printed result will be initialed by the covered employee and affixed to the ATF with tamper evident tape. The result will also be entered into the logbook. 7. If the test result is less than .02 the test is complete. The covered employee is given copy 2 of the ATF and is allowed to leave the test site. 8. If the initial screening test is greater than .02 breath alcohol content, the covered employee must submit to a confirmation test. 9. The covered employee must be observed for 15 minutes at which time they are not allowed to eat, drink, or put any substance in their mouth and to the best extent possible, not belch. This waiting period is required to prevent any accumulation of mouth alcohol leading to an artificially high reading. 10. After 15 minutes but before 30 minutes the covered employee will submit to a confirmation test conducted the same as the screening test. 11. Confirmation test results shall be deemed to be the final result upon which any action under operating administration rules shall be based. D. PRE-EMPLOYMENT TESTING PROCEDURES The -FMC-8A-FTA regulations require that all applicants for employment in safety-sensitive positions or individuals being transferred to safety-sensitive positions from non-safety-sensitive positions must be given pre-employment drug tests. 1. Applicants may not be hired or assigned to a safety-sensitive function unless they pass a drug test. 2. Applicants will be informed in writing of the testing requirements prior to conducting the test. 3. All drug test results must be reviewed by the Medical review Officer (MRO). 4. Applicants that initially test positive are notified of the results by the MRO and are given an opportunity to discuss the results. E. REASONABLE SUSPICION TESTING PROCEDURES The FMCSA-fTA regulations also require a safety-sensitive covered employee to submit to a test when the employer has a reasonable suspicion that the safety-sensitive covered employee has used a prohibited drug or has misused alcohol as defined in the regulations and company policy. The request to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive covered employeedriverdriver. 26 March 27, 2018 Item #2 Page 232 of 236 1. Designated covered employees with supervisory responsibilities shall receive training in order to identify behaviors that might be indicators of drug use and/or alcohol misuse. Training includes the procedures for how to deal with covered employees suspected of drug use and/or alcohol misuse. 2. If a supervisor observes behavior that might be indicative of drug use and/or alcohol misuse, the supervisor will direct the safety-sensitive covered employee to stop work and escorts the safety-sensitive covered employee to an area to be questioned and observed in private. 3. The supervisor must ensure that the safety-sensitive covered employee does not continue to operate in a safety- sensitive function after identified reasonable suspicion testing. If there is a decision to test based on observable symptoms, the safety-sensitive covered employee is ordered to submit to a drug and/or alcohol test and is taken to the collection site by an employer representative and at the completion of testing, an offer of transportation to home will be made. 4. If there is a confirmed breath alcohol test of between .02% and .039%, the safety-sensitive covered employee will be relieved from safety-sensitive duty immediately for a minimum of (24) hours or until the next scheduled work day. 5. If there is a confirmed breath alcohol test (.04 or above) and/or confirmed positive drug test the safety-sensitive covered employee will be removed from his/her safety-sensitive duty immediately. A safety-sensitive covered employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test. 6. If an alcohol test is not administered within two hours following the determination for reasonable suspicion testing, the supervisor shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If the alcohol test is not administered in eight hours following the determination for reasonable suspicion testing, the supervisor will cease all attempts and shall state the reasons for not administering the test. 7. A written record shall be made of the observations leading to a controlled substance or alcohol misuse reasonable suspicion test, and signed by the supervisor or company official who made the observations within 24 hours of the observed behavior or before the results of the controlled substance test are release, whichever is earlier. F. POST-ACCIDENT TESTING PROCEDURES FOR FMCSA The FM CSA regulations require testing for prohibited drugs and alcohol in the case of certain commercial motor vehicle accidents. Post-accident testing is mandatory for accidents where there is a loss of human life and for other non-fatal accidents. 27 March 27, 2018 Item #2 Page 233 of 236 1. The supervisor ensures that all injured people receive proper medical care. 2. A post-accident test is determined by the following situations: Tvoe of Accident Involved: Citation Issued: Test Must be Performed: Human fatality J-YES ... YES ~ NO ... YES ~ ... Bodily injury with y-YES .. YES immediate medical treatment away from NO ... NO ~ the scene. Disabling damage to YES ... YES y-~ any motor vehicle requiring tow away NO ... NO .. Exceptions: You must not conduct a FM CSA DOT test if the following exceptions occur; > An occurrence involving only boarding or alighting from a stationary motor vehicle; or > An occurrence involving only the loading or unloading of cargo; or > An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle by an employer unless the motor vehicle is transporting passengers for hire or placarded hazardous materials. 3. The safety-sensitive covered en;iployee will be taken to the collection site and tested as soon as practicable following the accident. The breath alcohol test should be performed within two hours of the accident. If the breath alcohol test is not performed within two hours, the supervisor shall prepare and maintain on file a record stating the reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours following the accident, the supervisor shall cease all attempts and update the records accordingly. The safety- sensitive covered employee should remain readily available for breath alcohol testing for up to eight hours following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or he/she may be deemed to have refused to submit to testing. The City of Carlsbad will document all accidents of covered employees and their decision whether to test under FMCSA's rule or The City of Carlsbad's authority. 4. If the safety-sensitive covered employee is injured and needs medical treatment, provisions will be made to perform an alcohol test within eight hours and a drug test within 32 hours of the accident. 5. The safety-sensitive covered employee is prohibited from using alcohol for eight hours, prior to testing. 6. Pending the results of a drug test, the safety-sensitive covered employee will be returned to his/her safety-sensitive position if medically cleared to be returned to work, on a case-by-case basis. In the interest of safety, the supervisor, or designee, may transfer a safety-sensitive covered employee to a non-safety-sensitive status pending the results of the test. 7. If the safety-sensitive covered employee is tested for alcohol, and the test is positive (.04 or greater), the safety- sensitive covered employee will be removed from duty and referred to the SAP. If the test is .02 -.039, the safety- sensitive covered employee will be removed from duty for at least 24 hours. 8. If the safety-sensitive covered employee refuses to be tested or if the test is confirmed positive, the safety-sensitive covered employee is removed from duty and referred to the SAP. 9.. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. 28 March 27, 2018 Item #2 Page 234 of 236 G. RANDOM TESTING PROCEDURES The FMGSA--FTA regulations require random testing for prohibited drugs and alcohol misuse for all safety sensitive covered employees. Random testing identifies covered employees who are using drugs or misusing alcohol but are able to use the predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing serves as a strong deterrent against covered employees beginning or continuing prohibited drug use and misuse of alcohol while on the job. 1. Random drug and alcohol testing only applies to safety-sensitive covered employees. An identification number (commonly your SS#) will be included in a selection pool. 2. Random drug and alcohol testing is accomplished by a scientifically valid, tamper-proof, computer-generated selection process. The City of Carlsbad will randomly select individuals for testing through a random test selection program without showing discrimination. The program uses a special algorithm, which helps to avoid potential concerns afl covered employee may have concerning selection for a random test. When selected by random, covered employees/leased drivers will submit to testing immediately at a pre-established place or "On Location" testing site. A surplus will be randomized to allow for selected covered employees who are not available. "Not available" is limited to covered employees who are not at work due to vacation, sick leave, disability, or scheduled time off. This does not mean that the covered employee cannot be tested when they return to work. 3. At the time ofrandom selection, a primary list containing the names of the covered employees selected for random drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No covered emplovee will be removed from the random pools following selection, and every covered employee will continue to be subject to selection throughout the year. Every covered employee in the random pool has an equal chance of being selected every time. 4. Random testing will be conducted during all hours of operation, all shifts, and all days of the week including weekends so long as The City of Carlsbad is in operation or a safety-sensitive covered employee is conducting safety-sensitive functions. No shift is exempt from testing. 5. The total number of alcohol tests completed annually must equal at a minimum of 10% of the average number of eligible safety-sensitive covered employees in the random pool. The total number of drug tests completed each year must equal at a minimum of 50% of the average number of safety-sensitive covered employees. 6. Random drug testing may be conducted concurrently with random alcohol testing or at any time during m:i covered employee's shift. Random alcohol testing will be conducted just before the covered employee is scheduled to perform a safety-sensitive function, while the covered employee is performing safety-sensitive functions or just after the covered employee performs a safety-sensitive function. The covered employee must proceed to the test site immediately after being notified that he or she has been selected for testing. 7. A manager or supervisor will notify safety-sensitive covered employees of their random selection. If applicable, a supervisor shall document an covered employee's random test notification. Once notified, the safety-sensitive covered employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a positive test result. 8. If there is a confinnation breath alcohol test of between .02% and .039%, the safety-sensitive covered employee will be relieved from duty immediately. The safety-sensitive covered employee will not be permitted to perform or continue to perform safety-sensitive functions, until the start of the safety-sensitive covered employee's next regularly scheduled duty period, but not less than 24 hours following administration of the test. 9. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confinned positive drug test, the covered employee will be removed from safety-sensitive duty immediately. The safety-sensitive covered employee cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation, and passes a return-to-duty test. 29 March 27, 2018 Item #2 Page 235 of 236 10. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up to and including termination. If, for some reason aH covered employee who has been selected for a random test, but is not able to take the test in the allotted time frame, documentation will be made and forwarded to the Third Party Administrator for proper documentation of why the test was not performed. H. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES Before any safety-sensitive covered employee can be allowed to return-to-duty to perform a safety-sensitive function following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive covered employee must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP. Return-to-duty Testing 1. If a safety-sensitive covered employee tests positive (.04 >) for alcohol or positive for prohibitive drugs, refuses to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the covered employee and prescribe a rehabilitation program at which time the covered employee must complete and then be re-evaluated by the SAP to determine whether the covered employee may be released to be considered for return to a safety-sensitive position. 2. The SAP will schedule the safety-sensitive covered employee for a return-to-duty drug and/or breath alcohol test. If the return-to-duty drug and/or alcohol test is positive, it counts as a second positive. 3. If the return-to-duty drug test is positive, a split sample can be analyzed ifrequested by the safety-sensitive covered employee. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive covered employee will not be returned to duty and the test is considered a second positive. 4. Safety-sensitive covered employees who test positive for drugs or alcohol on a return-to-duty test will be subject to disciplinary action up to and including termination. Follow-up Testing 1. Once an covered employee returns to a safety-sensitive position, the covered employee shall be subject to unannounced follow-up testing for at least I year but no more than 60 months. The type, frequency and duration of the follow-up testing will be recommended by the SAP; however, a minimum of six tests shall be performed during the first 12 months after the safety-sensitive employee has been returned to duty. Follow-up testing does not exclude an covered employee from the random testing program. This means that a safety- sensitive covered employee is subject to random testing as well as follow-up testing and could occur at the same time or the same day or thereafter. 2. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive covered employee performs a safety-sensitive function. 3. If any follow-up drug and/or alcohol test is verified positive, the safety-sensitive covered employee will be immediately removed from the safety-sensitive position. Disciplinary action will be imposed up to and including termination. 30 March 27, 2018 Item #2 Page 236 of 236