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Home My WebLink About2019-09-10; City Council; ; A Memorandum of Understanding (MOU) with the Carlsbad Police Officers' Association~ CITY COUNC I L ~ Staff Report Meeting Date: To: From: September 10, 2019 Mayor and City Council Scott Chadwick, City Manager CAReview fl..tt._ Staff Contact: Debbie Porter, Sr HR Analyst or Judy Von Kalinowski, HR Director Debbie.Porter@carlsbadca.gov 760-602-2441 or Judy.VonKalinowski@carlsbadca.gov 760-473-4670 Subject: A Memorandum of Understanding (MOU) with the Carlsbad Police Officers' Association. Recommended Action Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad Police Officers' Association (CPOA) and approving the associated CPOA Salary Schedule, revised police corporal classification specification and revised Administrative Order No. 64, and approving $1,537,500 in carry-forward funds from Fiscal Year 2018-19 (FY 18- 19) to Fiscal Year 2019-20 (FY19-20). Executive Summary Representatives of the city and the CPOA 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 CPOA is from January 1, 2019 to December 31, 2021. 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 CPOA 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, the MOU states that, retroactive to January 1, 2019, all CPOA represented employees will receive a salary increase based on their classification as shown below. Police Officer, Police Corporal & Police Recruit 5.5% Police Sergeant 4.2% All other CPOA-represented classifications 2.0% Sept. 10, 2019 Item #1 Page 1 of 141 Upon ratification of this MOU, employees in these classifications will also receive a stipend equal to 2.5% of an employee's annual salary. Effective January 1, 2020, all CPOA-represented employees will receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5% All other classifications 2.0% In the first pay period of 2020, employees in these classifications will also receive a stipend equal to 2.5% of an employee's annual salary. Effective January 1, 2021, all CPOA-represented employees will receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5% All other classifications 2.0% In the first pay period of 2021, employees in these classifications will also receive a stipend equal to 2.5% of an employee's annual salary. 2. FLEXIBLE BENEFITS PROGRAM: Retroactive to the first pay period in January 2019, and effective the pay periods that include January 1, 2020 and January 1, 2021, and December 31, 2021, 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. 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. 3. EDUCATION INCENTIVE: After ratification of the MOU, education incentive will be based on certification from the . State of California Commission on Peace Officer Standards (POST) for those employees who are eligible to obtain such certification. For all other employees, education incentive will be based on the degree obtained by the employee. 4. FLOATING HOLIDAY: Effective upon ratification and each July 1 thereafter, all CPOA employees will receive one floating holiday per fiscal year. 5. FIELD TRAINING OFFICER PAY: Effective upon ratification, field training officer pay will increase from $20 to $40 per shift. Sept. 10, 2019 Item #1 Page 2 of 141 6. UNIFORM REIMBURSEMENT: Effective upon ratification, uniform reimbursement will increase from $700 to $900 per year. 7. VACATION ACCRUAL: Effective upon ratification of the MOU, the vacation accrual rates will increase by an average of 19 hours/year depending on an employee's years of service. The vacation accrual maximum will increase from 320 to 480 hours. 8. SHIFT DIFFERENTIAL: Effective upon ratification of the MOU, employees who work night shifts will receive shift differential pay equal to 3% of their base salary. 9. DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS: Changes have been made to Appendix A of Administrative Order No. 64 Drug and Alcohol Testing Policy for Employees in Safety Sensitive Positions to include, in the list of covered classifications, any employee in a CPOA-represented classification who operates the public safety command post vehicle. 10. RE-OPENERS: At any time during the term of the MOU, after Cal PERS announces its 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, the city may reopen negotiations on the issue of employee cost sharing toward the city's required contribution to Cal PERS for CPOA members. At any time during the term of the MOU, either party may reopen negotiations to discuss the issues of disability insurance benefits or a retiree medical trust. 11. Language changes, including agreement that both parties will conduct a study on binding arbitration for disciplinary appeals, were made to the CPOA MOU as outlined in Exhibit 2. In addition, the police corporal classification specification was changed to eliminate the requirement that a police corporal be certified as a field evidence technician. The above-mentioned provisions are incorporated in the attached MOU (Attachment A), CPOA Salary Schedule (Attachment B), Administrative Order No. 64 (Attachment C), and Police Corporal classification description (Attachment D), attachments to the Resolution. Fiscal Analysis The estimated annual fiscal impact associated with the actions described above is broken down and described below. • The annual cost of the salary increases/stipends included in the CPOA MOU on January 1, 2019, January 1, 2020, January 1, 2021 are estimated to be $914,000 and $837,000, and $871,000 respectively. These costs include salary and related benefits. Sept. 10, 2019 Item #1 Page 3 of 141 • The annual costs of the changes to health benefit credits on January 1, 2019, January 1, 2020, January 1, 2021 and December 31, 2021 are estimated to be $68,000 and $96,000, $100,000 and $105,000 respectively. • The changes to eligibility for education incentive are estimated to save approximately $9,000 per year. This savings includes pay and related benefits. • The annual cost of the floating holiday is estimated to be $97,000. This cost includes pay and related benefits. • The annual cost of the increase to field training officer pay is estimated to be $29,000. This cost includes pay and related benefits. • The annual cost of the increase to uniform reimbursement is estimated to be $34,000. This cost includes pay and related benefits. • The annual cost of the increase to vacation accrual is estimated to be $14,000. This cost includes pay and related benefits. • The annual cost of the shift differential pay is estimated to be $170,000. This cost includes pay and related benefits. • There is no fiscal impact associated with the remaining items outlined above. The total estimated fiscal impact in Fiscal Year 2019-20 for all negotiated items retroactive to January 1, 2019, including salaries and benefits, is $1,784,000. Of this total, $246,500 is included in the adopted fiscal year 2019-20 budget. There are adequate budgetary savings in fiscal year 2018-19 for the remainder ($1,537,500). These budgetary savings are requested to be carried forward from fiscal year 2018-19 to fiscal year 2019-20 to fund the remaining fiscal impact. CPOA employees are paid out of both the General Fund and the Citizens Option for Public Safety (COPS) Fund (a special revenue fund that pays for 1.0 full-time equivalent (FTE) employee). The General Fund requests a budget appropriation of $1,527,000 and the COPS Fund requests a budget appropriation of $10,500 for the total estimated fiscal impact of all negotiated items in fiscal year 2019-20. There is cash available in these funds to support the budgetary increase. Funding for changes listed above that occur in the future will be included in subsequent adopted budgets. Next Steps Staff will implement the changes made to the CPOA MOU and related documents as shown in Attachments A, B, C and D to the City Council Resolution. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment; and therefore, does not require environmental review. Sept. 10, 2019 Item #1 Page 4 of 141 Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing and review at least 72 hours prior to the meeting date. Exhibits 1. City Council Resolution 2. Strike-out copy of the MOU between the City of Carlsbad and CPOA. 3. Strike-out copy of Appendix A of the Administrative Order No. 64. 4 . Strike-out copy of the police corporal classification specification. Sept. 10, 2019 Item #1 Page 5 of 141 RESOLUTION NO. 2019-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION (CPOA) AND APPROVING THE ASSOCIATED CPOA SALARY SCHEDULE, REVISED POLICE CORPORAL CLASSIFICATION SPECIFICATION AND REVISED ADMINISTRATIVE ORDER NO. 64, AND APPROVING $1,537,500 IN CARRY-FORWARD FUNDS FROM FISCAL YEAR 2018-19 (FY 18-19) TO FISCAL YEAR 2019- 20 (FY 19-20). WHERAS, the City of Carlsbad and the Carlsbad Police Officers' Association (CPOA) 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 of the City of Carlsbad, California has determined the need to accept such an agreement in the form of 1) a Memorandum of Understanding (MOU), 2) a revised salary schedule, 3) a revised Administrative Order No. 64, and 4) a revised police corporal classification specification; and WHEREAS, the City Council of the City of Carlsbad, California has determined that funds in the amount of $246,500 were previously appropriated to the fiscal year 2019-20 General Fund budget for the negotiated MOU changes for CPOA; and WHEREAS, the City Council of the City of Carlsbad, California has determined that funds in the amount of $1,527,000 will be appropriated to the fiscal year 2019-20 budget for the General Fund from remaining fiscal year 2018-19 budgetary savings; and WHEREAS, the City Council of the City of Carlsbad, California has determined that funds in the amount of $10,500 will be appropriated to the fiscal year 2019-20 budget for the Citizens' Option for Public Safety (COPS) fund. 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. Sept. 10, 2019 Item #1 Page 6 of 141 2. That Attachment A, the MOU between CPOA and the City of Carlsbad, attached hereto is hereby adopted by the City Council and the city manager is directed to execute it. 3. That the deputy city manager-administrative services is authorized to carry forward and appropriate fiscal year 2018-19 budgetary savings of $1,527,000 from the General Fund and appropriate $10,500 from the existing fund balance of the COPS Special Revenue Fund. 4. That Attachment B, the CPOA Salary Schedule, attached hereto is hereby adopted. 5. That Attachment C, the revised Administrative Order No. 64, is hereby adopted. 6. That Attachment D, the revised police corporal classification specification, is hereby adopted. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of September 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. M::ki# "i\Y1cu Jlrr1:tf!~, . r ARBARA ENGLESON, City Clerk \,,1111111111,,,,,,, ~,,,,,fl! CA b ,,,,,,. ~~Q,T rt(. ~ (SEAL) f~,..-···•·· .. rJ\_ -"'-·m•--::a ,._, ~ ·.,.,. ~CJ[~~ ?:..Al0 § \ \.j~! J ~"·• .. ' .. --.... ~ ~ '-"11 ············...\,r~ ~",,,/ .. fFOf\°"-.,,,~ '"1111,1111111111\\ Sept. 10, 2019 Item #1 Page 7 of 141 Attachment A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION Term: January 1, 2019 -December 31, 2021 TABLE OF CONTENTS Preamble Page 1 Article 1 Implementation Page 1 Article 2 Term and Renegotiation Page 1 Article 3 Retention of Benefits Page 1 Article 4 Authorized Agents Page 2 Article 5 Recognition Page 2 Article 6 Savings Clause Page 2 Article 7 Nondiscrimination Clause Page 2 Article 8 Compensation Adjustments Page 3 Article 9 Management Rights Page 3 Article 10 Grievance Procedure Page 4 Article 11 Stand-By Page 9 Article 12 Bilingual Pay Page 9 Article 13 Basic Work Week/Work Day Page 10 Article 14 Court and Hearings Page 11 Article 15 Sick Leave/Bereavement Leave Page 12 Article 16 Association Rights Page 14 Article 17 Overtime Page 15 Article 18 Call Back Page 16 Article 19 Seniority Page 18 Article 20 Legal Representation Page 18 Article 21 Peaceful Performance of City Services Page 18 Article 22 Discipline of an Employee Page 19 Article 23 Probationary Period Page 21 Article 24 Retirement Benefits Page 21 Article 25 Flexible Benefits Program Page 23 Article 26 Uniform Reimbursement Page 25 Article 27 Educational Incentive Page 25 Article 28 Field Training Officer Page 27 Article 29 Vehicles for Investigations Page 27 Article 30 Long Term Disability Page 27 Article 31 Leave of Absence Page 27 Article 32 Disability Retirement Page 29 Article 33 Vacation Page 30 Article 34 Holidays Page 31 Article 35 Salary/ Anniversary Date on Promotion Page 32 Article 36 Alcohol and Drug Policy Page 33 Article 37 Employer Searches Page 41 Article 38 Flexible Job Sharing Page 41 Article 39 Deferred Compensation Loan Provision Page 41 Sept. 10, 2019 Item #1 Page 8 of 141 Article 40 Life Insurance and Voluntary Benefits Page 42 Article 41 Re-opener Page 42 Article 42 Acting Pay Page 42 Article 43 Flexible Classifications Page 43 Article 44 Jury Duty Page 43 Article 45 Shift Differential Page 44 Article 46 Special Study Page 44 ii Sept. 10, 2019 Item #1 Page 9 of 141 MEMORANDUM OF UNDERSTANDING This memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "city") and the designated representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "CPOA"). PREAMBLE It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the city management representatives and the local safety police employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. It is agreed that the city will act in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and those of the Police Department necessary to implement this Memorandum. ARTICLE 2. TERM AND RENEGOTIATION 2.1 The term of this Memorandum shall commence on January 1, 2019, and shall continue until December 31, 2021. 2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in approximately August 2021. ARTICLE 3. RETENTION OF BENEFITS Existing benefits contained in this Memorandum shall not be changed during the term of this agreement without the mutual consent of the parties hereto. Existing benefits not set forth in this Memorandum which fall within the scope of representation shall not be changed by the city without advance notice and an opportunity to meet and confer regarding such change. The parties recognize and accept the concept of past practices as to matters within the scope of representation and agree to meet and confer regarding a proposed change in any such practices. The city shall not propose any such changes unless required to do so for operational or organizational reasons. Sept. 10, 2019 Item #1 Page 10 of 141 Notwithstanding the foregoing, during the term of this agreement, neither party will compel the other to meet and confer over any mandatory subject of bargaining. ARTICLE 4. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum: 4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (760) 434-2821] except where a particular representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 CPOA's principal authorized agent shall be its President or duly authorized representative [Address: P.O. Box 1392, Carlsbad, California 92008; Telephone: (760) 931-2144] and Bobbitt Pinckard & Fields, [ Address: 83 88 Vickers St. San Diego, California 92111-2109; Telephone (858) 467-1199]. ARTICLE 5. RECOGNITION The city recognizes CPOA as the majority representation of the bargaining unit that includes the classifications as listed in the attached salary schedule. ARTICLE 6. SAVINGS CLAUSE 6.1 If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. 6.2 In the event of invalidation of any article or section, the extinguished benefit shall be replaced by a substitute benefit of comparable value. The city and the Association shall meet within thirty (30) days following the invalidation for the purpose of determining the specific nature and form of the replacement benefit. ARTICLE 7. NONDISCRIMINATION CLAUSE Neither city nor CPOA shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CPOA activity or because of the exercise of any right provided to the employees by this Memorandum. 2 Sept. 10, 2019 Item #1 Page 11 of 141 ARTICLE 8. COMPENSATION ADJUSTMENTS All CPO A-represented employees active on payroll upon ratification of this MOU shall receive a base salary increase depending on their job classification as shown below retroactive to January 1,2019. Police Officer, Police Corporal & Police Recruit 5.5% Police Sergeant 4.2% All other classifications 2.0% Upon ratification of this MOU, employees in these classifications will also receive a non-persable stipend equal to 2.5% of an employee's annual salary as of 1/1/2019. Effective January 1, 2020, all CPOA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5% All other classifications 2.0% In the first pay period of 2020, employees in these classifications will also receive a non-persable stipend equal to 2.5% of an employee's annual salary as of 1/1/2020. Effective January 1, 2021, all CPOA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5% All other classifications 2.0% In the first pay period of 2021, employees in these classifications will also receive a non-persable stipend equal to 2.5% of an employee's annual salary as of 1/1/202 I. ARTICLE 9. MANAGEMENT RIGHTS The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its major service areas, departments, commissions, and boards; to set standards of service; to determine procedures and standards of selection for employment and promotion; to direct its employees; to take disciplinary action; to relieve employees from duty because of lack of work or other legitimate reasons; to transfer employees among various department activities and work groups; to maintain the efficiency of city operations; to determine the methods, means and personnel by which city operations are to be conducted; to determine the contents of job classifications; to take all necessary actions to carry out its mission in emergencies; and to 3 Sept. 10, 2019 Item #1 Page 12 of 141 exercise complete control and discretion over its organization and the technology for performing its work. Nothing in this Memorandum shall require the city to meet and confer over the exercise of its management rights, however, in so doing, the city shall comply with all applicable provisions of this Memorandum. ARTICLE 10. GRIEVANCE PROCEDURE 10.1 Purpose. The purpose and objectives of the grievance procedure are: 10.2 10.1.1 10.1.2 10.1.3 10.1.4 10.1.5 10.1.6 Definitions. 10.2.1 10.2.2 10.2.3 10.2,4 10.2.5 To promote improved employer-employee relations by establishing grievance procedures on matters for which an appeal or hearing is not provided by other regulations. To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors, and management. To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. To provide that appeals shall be conducted as informally as possible. To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. This grievance procedure is applicable to all employee classifications represented by the CPOA in the Police Department of the City of Carlsbad. For the purpose of this grievance procedure the following definitions shall apply. City Manager: The City Manager. Assistant City Manager: An Assistant City Manager. Department: An office, department, or institution of the city. Department Head or Head of a Department: The chief executive officer of a department. Employee or City Employee: Any officer or employee of the city, except an elected official. 4 Sept. 10, 2019 Item #1 Page 13 of 141 10.2.6 10.2.7 10.2.8 10.2.9 10.2.10 Employee Representative: An individual who appears on behalf of the employee. Grievance: A complaint of an employee or a group of employees arising out of an application or interpretation of existing rules, regulations, or policies which come under the control of a Department Head. Immediate Supervisor: The individual who assigns, reviews, or directs the work of an employee. Interested Party: An individual having pertinent and/or immediate knowledge of the circumstances out of which the grievance arose. Supervisor: The individual to whom an immediate supervisor reports. 10.3 Reviewable and Non-Reviewable Grievances 10.3.1 10.3.2 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters over which the head of the department has control. ( c) Arise out of a specific situation, act, or acts considered to be unfair which result in inequity or damage to the employee. ( d) Arise out of an interpretation and application of the Memorandum or Personnel Rules and Regulations. A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a policy established by City Council or by law; (b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 22 hereunder), such as: (1) Applications for changes in title, job classification, or salary. (2) Appeals from formal disciplinary proceeding. 5 Sept. 10, 2019 Item #1 Page 14 of 141 (3) Appeals from work performance evaluations. 10.4 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 10.4.1 10.4.2 10.4.3 10.4.4 10.4.5 10.4.6 10.4.7 10.4.8 Procedure for Presentation: In presenting a grievance, an employee shall follow the sequence and the procedure outlined in Section 10.5 of this procedure. Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (i.e., when grievant knew or should have known) the act or omission of management caused the grievance. Prescribed Form: The written grievance shall be submitted on a form prescribed by the Human Resources Director for this purpose. Statement of Grievance: The grievance shall contain a statement of: (a) The specific situation, act, or acts considered to be unfair and the reasons why. (b) The inequity or damage suffered by the employee. ( c) The relief sought. Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless he/she so desires. Interested Parties: There shall be no limit placed upon the number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. Handled During Working Hours: Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 6 Sept. 10, 2019 Item #1 Page 15 of 141 10.4.9 10.4.10 10.4.11 Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not present the matter to a higher authority within the prescribed time. Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. I 0.5 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 10.5.1 10.5.2 10.5.3 10.5.4 Discussion With Supervisor: The employee shall discuss the grievance with the employee's immediate supervisor informally. Within seven (7) calendar days, the supervisor shall give a decision to the employee verbally. Step 1 : If the employee and the supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the supervisor. The supervisor shall memorialize the prior verbal decision on the grievance and present the grievance to the next-level supervisor within seven (7) calendar days. The next-level supervisor shall hear the grievance and shall give a written decision to the employee within seven (7) calendar days after receiving the grievance. This portion of this step shall be repeated as necessary until the next-level supervisor is a Police Captain~ Step 2: If the employee and the next-level supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the Police Chief. The Police Chief shall hear the grievance and shall give the written decision to the employee within seven (7) calendar days after receiving the grievance. Step 3: If the employee and Police Chief cannot reach an agreement as to the solution of the grievance, the employee may file a written request with the Human Resources Director, within seven (7) calendar days, to have the grievance heard by a Hearing Officer via the process 7 Sept. 10, 2019 Item #1 Page 16 of 141 10.5.5 10.5.6 10.5.7 described in Section I 0.5. 7. The Human Resources Director shall present a copy of the grievance to the Assistant City Manager who may conduct a meeting with the grievant and/or CPOA representatives to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Hearing Officer. Step 4: If the matter is not otherwise resolved, the Hearing Officer shall, within thirty (30) calendar days after receipt of the grievance, hear the grievance and render an advisory opinion to the City Manager. The City Manager shall, within fourteen ( 14) calendar days after receipt of the advisory opinion, notify the employee of the final action. Any of the above steps may be waived by mutual agreement of the parties. Hearing Officer. The employee or employee organization and the city will attempt to develop a permanent list of five (5) mutually acceptable hearing officers. If the parties cannot mutually agree on the identity of the hearing officer from this permanent list, they will alternately strike names from the list of five using a strikeout procedure. The party striking the first name will be determined by lot. If a permanent list of five mutually acceptable hearing officers cannot be developed, the parties agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list of seven hearing officers provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the identity of the hearing officer they will alternately strike names from the list of seven using a strikeout procedure. The party striking the first name will be determined by lot. All administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription costs, if any, will be shared equally between the city and the Carlsbad Police Officers' Association. In the case that the Carlsbad Police Officers' Association does not support the grievance continuing to the advisory hearing by a Hearing Officer, all administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription costs, if any, will be shared equally between the city and the employee. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents. 8 Sept. 10, 2019 Item #1 Page 17 of 141 ARTICLE 11. STAND-BY 11. 1 Due to staff limitations, it may be necessary for the Police Chief to schedule employees to be on stand-by to handle overtime work which may arise during other than the employee's normal working hours. (a) Incident Stand-by is defined as time in which an employee (a duty detective, detective sergeant or duty traffic investigator) is required, by the Police Chief or designee, to remain at a place where the employee can reasonably expect to respond and arrive at the Carlsbad Police Department within one hour. Employees are expected to respond in a safe and expeditious manner taking only the time necessary to arrive at the Carlsbad Police Department or other designated location. Response delays caused by traffic conditions or other factors beyond the employee's control will not be considered a failure to respond within the requirements of this article. (b) Staffing Stand-by is defined as time in which an employee (generally the assigned communications operator) is required, by the Police Chief or designee, to remain available to respond to the Carlsbad Police Department. 11.2 Contact Responsibility: An employee assigned to stand-by shall maintain current contact information, either telephone number and/or cell phone number, with the communications center. The employee assigned to stand-by shall be immediately available at the number( s) provided. 11.3 Compensation: An employee will be compensated for stand-by time at the rate of twenty two dollars ($22) per 24 hours or fraction thereof. Employees on stand-by, called to perform work, will be compensated for all actual hours worked in accordance with overtime and call-back rules. 11.4 General Call Out: Certain special assignments, such as canine, investigations, field evidence technicians and traffic are expected to respond to call-outs if they are available but unless they are assigned to stand-by they are not required to maintain an available status. 11.5 Sick Notification: If any employee is unable to fulfill any portion of their stand-by assignment due to illness or other emergency, it is the employee's responsibility to notify their supervisor as soon as possible so that an alternate may be assigned. ARTICLE 12. BILINGUAL PAY Any employee certified, as the Police Chief may direct, as a qualified translator-interpreter of the Spanish language shall receive forty dollars ($40) per pay period. 9 Sept. 10, 2019 Item #1 Page 18 of 141 ARTICLE 13. BASIC WORK WEEK/WORKDAY 13 .1 The official workweek for non-sworn employees who work 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). 13.2 The official workweek for non-sworn employees working any schedule other than a 9/80 schedule begins on Sunday at 12:00 a.m. and ends on the following Sunday at 12:00 a.m. 13.3 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for sworn employees begins on Sunday at 12:00 a.m. and ends 14 days later at 12:00 a.m. Overtime shall be compensated in the manner prescribed by Article 1 7 of this Memorandum. 13 .4 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours worked in the pay period. For employees who are not covered by the 7(k) exemption contained in Article 13.3 of the Memorandum, hours worked in excess of 40 in a workweek will be compensated in accordance with Article 17 of the Memorandum. 13 .5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In general, unit members assigned to patrol and dispatch shall work a 3/12 schedule. 13.6 Unit members assigned to motors shall be provided one hour of paid leave (at straight time) each regularly scheduled work day for care and maintenance of the motor. 13.7 Unit members assigned as canine handlers shall work a weekly 3/12+4 schedule consisting of three work days of twelve consecutive work hours plus one additional shift consisting of 4 consecutive work hours per week. Unit members assigned as canine handlers shall also be paid 4 hours of overtime each work week for care and maintenance of the canine. 13.8 Deployments shall be six months in length and shifts shall be bid one month in advance according to seniority. 13.9 Patrol employees (police officers assigned to patrol, canine, traffic, community policing and community service officers assigned to patrol and traffic) will be given two (2) fifteen-minute rest periods and one (1) half-hour lunch break each workday without loss of pay. 13 .10 Communications Operators/Supervisors -The Police Communication Center is a fluid and ever changing environment and flexibility is paramount to efficient operations. To achieve effective operations and meet changing needs in activity and staffing levels, 10 Sept. 10, 2019 Item #1 Page 19 of 141 communication operators/supervisors are expected to remain flexible in their schedule in regard to rest periods and meal breaks. The following break policy for communication operators/supervisors is intended to balance the need for employee break time and the need for operational flexibility. During the life of this agreement and to the extent this agreement complies with state law, the provisions of ( a) and (b) below shall be in effect: (a) Breaks -Communications operators/supervisors are entitled to two (2) 15 minute rest periods and one (1) 30 minute lunch break each workday without loss of pay. Due to the unique needs of a 911 center, there may be times when communications operators/supervisors will have to adjust break times or work through their breaks. At an employee's request and with supervisor approval, the break periods may be combined into a one (1) hour compensated break. (b) Availability -Communications operators/supervisors are expected to be available to resume their duties during their break time and, therefore, are compensated for their breaks. When staffing and activity levels permit, communication operators/supervisors are allowed to leave the premises. When on a break communications operators/supervisors are subject to recall via cell phone, pager, and/or police radio and will remain within a fifteen (15) minute recall response to the Communications Center. Activities that may interfere with a communications operator/supervisor's ability to return to the Communications Center within 15 minutes should not be conducted during break time but should be accommodated with other leave time such as comp. time or vacation time. ARTICLE 14. COURT AND HEARINGS 14.1 Compensation: Off duty personnel who appear in court or at a hearing pursuant to an official request from a legally constituted body regarding matters arising out of, or associated with, their employment shall be compensated at a minimum of four ( 4) hours per day calculated at time and one-half the employee's regular rate of pay. Actual time spent in court over the four (4) hour minimum on the same day is compensable at time and one-half the employee's regular rate of pay. 14.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing appearance is contiguous with the commencement or end of the employee's regularly scheduled work shift. In that situation, the employee shall receive overtime compensation at the following rate. Any subpoena received with an appearance time of two (2) hours prior to the commencement of the employee's work shift will receive two (2) hours compensation at the overtime pay rate. Any subpoena received with an appearance time of one ( 1) hour prior to the commencement of the employee's work shift will receive one (1) hour compensation at the overtime pay rate. 11 Sept. 10, 2019 Item #1 Page 20 of 141 Officers who receive subpoenas for separate cases on the same day that overlap minimum hour designations are entitled to contiguous time as opposed to separate three/four hour mm1mums. 14.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held over during the normal lunch break for further appearance after lunch, they shall be entitled to credit for the lunch break as time worked. 14.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee transportation. Mileage expenses will not be paid for appearances in court or at a hearing when the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for mileage expenses to and from the court or hearing location, or the round trip distance between the court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this policy. 14.5 Phone Testimony: When off duty personnel provide court or hearing testimony via telephone, the employee shall be compensated for the actual time of the telephone testimony or a minimum of one (1) hour, which ever is greater, at time and one-half the employee's regular rate of pay. 14.6 District Attorney Conversation: When off duty personnel receive calls from District Attorney personnel regarding criminal cases, employees will receive no compensation for conversations lasting less than 10 minutes. Employees will receive compensation at time and one-half the employee's rate of pay for the actual time of the conversation or a minimum of one ( 1) hour, whichever is greater, for conversations lasting 10 minutes or longer. Employees receiving multiple calls within the same one hour period shall only receive one hour compensation. ARTICLE 15. SICK LEAVE/BEREAVEMENT LEAVE For the purpose of this section, the term "family member" shall be defined in the personnel rules and regulations. Sick leave can be used in 15 minute increments. 15.1 Every CPOA-represented employee will accrue sick leave on a daily basis at the rate of sixteen ( 16) minutes for each continuous calendar day of service. 15.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out when an employee's employment with the city ends. 12 Sept. 10, 2019 Item #1 Page 21 of 141 15.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the employee's own or a family member's medical, dental, or optometry appointments. In addition, in the event of the death of an employee's family member, the employee may take up to three (3) shifts of paid time off for bereavement. The three shifts do not have to be taken consecutively. In extreme circumstances, the Police Chief may allow the employee to take additional time off in the form of sick leave, provided the employee has sick leave available. 15.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death of a family member must notify the employee's supervisor as soon as possible on the first day of the absence. An employee who needs to be absent to attend a medical, dental, or optometry appointment must have the absence approved in advance by the employee's supervisor. 15.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as provided for in this article. 15.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers' compensation, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the city may require the employee to provide a medical certificate supporting the need for the absence. 15.7 Time off to take a physical examination for induction into or recall to active duty with the Armed Forces will be handled in accordance with applicable state and federal law. 15.8 An employee making a blood donation without charge will be given reasonable time off for that purpose. No charge will be made against the employee's sick leave or vacation when the absence is approved in advance by the employee's supervisor. 15.9 During the first pay period of each fiscal year, any regular employee who has accrued and maintains a minimum of one hundred sixty (160) hours of sick leave will be permitted to convert up to one hundred twenty (120) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to convert sick leave to vacation if the conversion would cause the employee to exceed the vacation accrual maximum specified in Article 33. 15.10 Any regular employee applying for retirement with the Public Employees' Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code section 20965. 15.11 Nothing in this Article precludes the city from taking appropriate action in the event of abuse of sick leave. 13 Sept. 10, 2019 Item #1 Page 22 of 141 ARTICLE 16. ASSOCIATION RIGHTS 16.1 The city recognizes the right of the CPOA to govern its internal affairs. 16.2 The parties to this Memorandum fully support the concept of the Public Safety Officers' Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code. 16.3 Upon the receipt of a written request and authorization from an employee for deduction of CPOA dues and other lawfully permitted deductions, the city shall withhold such dues and deductions from the salary of the employee and remit the withholdings to the CPOA. The city shall continue to withhold such deductions unless the employee files a statement with the city withdrawing authorization for the continued withholding of the deductions. The effective date of withholding, time of remitting withholdings to the CPOA, and all procedural matters shall be determined in accordance with the Rules and Regulations of the city. 16.4 The CPOA shall provide and maintain with the city a current list of the names and all authorized representatives of the CPOA. An authorized representative shall not enter any work location without the consent of the Police Chief or his designee or the City Manager or his designee. The Police Chief or his designee shall have the right to make arrangements for a contact location removed from the work area of the employee. 16.5 The CPOA shall be allowed to designate employee representatives to assist employees in: 16.5.1 16.5.2 16.5.3 Preparing and processing grievances; Preparing and presenting material for Disciplinary Appeals hearings; Preparing and presenting material for any matter for which representation is granted pursuant to the provisions of California Government Code Sections 3300, et seq., known as the Public Safety Officers' Procedure Bill of Rights Act. 16.6 The CPOA 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 Personnel Board or City Council hearings 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. 14 Sept. 10, 2019 Item #1 Page 23 of 141 16. 7 Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. If a police department manager schedules a work meeting to accomplish police department business and invites employee representatives to that meeting, the employee representatives who attend the meeting will be paid for the time worked. If the meeting occurs outside of the employee's regularly scheduled work shift, the employee shall receive a minimum of two hours of appropriate overtime compensation. 16.8 Designated employee representatives requesting time off under this Article shall direct such request to their immediate supervisors in writing within a reasonable time period to the date requested, in order to assure that the Department meets its staffing needs and to assure sufficient coverage of departmental assignments. 16. 9 The city will continue to furnish bulletin board space in the Police Department for the exclusive use of the CPOA. Material placed on the bulletin boards shall be at the discretion of the CPOA and shall be removed by management only in the event the material is obviously offensive to good taste or defamatory, and shall be removed only on prior notification to a CPOA representative. The CPOA shall be responsible for maintaining bulletin boards exclusively used by the CPOA in an orderly condition and shall promptly remove outdated materials. 16.10 Use of City Facilities 16.10.1 16.10.2 16.10.3 The CPOA may, with the prior approval of the City Manager, be granted the use of the city facilities for off-duty meetings of the Police Department employees, provided space is available. All such requests will be in writing to the City Manager. The CPOA may, with the prior approval of the Police Chief, be granted the use of Police facilities for off-duty meetings of the Police Department employees, provided space is available. All such requests will be in writing to the Police Chief. In the event the Police Chief denies use of Police Department facilities, an appeal can be made to the City Manager. The use of city equipment other than items normally used in the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such equipment in approved city facilities notwithstanding. ARTICLE 17. OVERTIME Overtime Pay: Each employee covered by this agreement shall be entitled to overtime compensation at the premium rate of one and one-half (1-1/2) times the employee's regular rate of pay for all time worked, or regarded as having been worked because the 15 Sept. 10, 2019 Item #1 Page 24 of 141 employee is on an approved paid leave, in excess of the employee's regularly scheduled work day and/or in excess of forty ( 40) hours per work week for non-sworn employees or eighty (80) hours per fourteen (14) day work period for sworn employees. The regular rate of pay shall be calculated in conformance with the FLSA. 17.1 Comp. Time Option: Each employee shall have the option (with the exception of "Pay Only Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a maximum accumulation of one hundred and fifty (150) hours of compensatory time off. While an employee has accumulated the maximum number of hours of compensatory time off, he/she shall receive all overtime compensation in cash until such time as the employee's compensatory time off bank is no longer at the maximum. 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. Required use of overtime to backfill staff shall not be considered to unduly disrupt operations. 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. 17.2 Comp. Time Exception: Special details where the city is reimbursed for employees' compensation from an outside entity shall be for pay only. Employees volunteering for such details are not eligible for compensatory time off in lieu of cash. ARTICLE 18. CALL BACK 18.1 Description: If an employee is required to return to his or her place of employment or other work location directed by the employer at a time that is not part of the employee's regularly scheduled work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for the actual number of hours worked, subject to the following: 18.2 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or firearms qualification, the employee shall receive a minimum of two hours of appropriate overtime compensation. No travel time is provided for scheduled call backs. 18.3 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee shall receive a minimum of four hours of appropriate overtime compensation. 18.4 Report Call Back Minimum: Employees are encouraged to complete reports prior to scheduled days off. A supervisor must determine if the report can be "pended" until the employee returns to regular scheduled work or if the report needs to be completed prior 16 Sept. 10, 2019 Item #1 Page 25 of 141 to that time. The supervisor's approved "pending completion date" will determine the employee's compensation for completing a "pended" report prior to the employee's next regularly scheduled duty as follows: (a) Before Next Duty Day: If an employee "pends" a report needing to be completed before the employee's next scheduled duty day, the employee shall receive a minimum of two hours of appropriate overtime compensation for returning to the station and completing the report. (b) Next Duty Day: If an employee "pends" a report not needing to be completed until the employee's next scheduled duty day and it is later determined by a supervisor the report needs to be completed before the employee's next scheduled duty day, the employee shall receive a minimum of four hours of appropriate overtime compensation for returning to the station and completing the report. Employees called back pursuant to this section are not eligible for travel time. 18.5 Travel Time: Travel time is included as part of the call back minimum compensation or the call back overtime if the call back (travel time plus detail time) exceeds the approved minimum guarantees. The maximum approved travel time is set as follows: (a) Police Department: If the call back is to the Carlsbad Police Department or other site within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a maximum of one hour round trip. (b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police Department, travel time shall be the actual amount of time required to drive to the call back site and return to employee's residence. The following employees, who are required to return to his or her place of employment or other work location directed by the employer at a time that is not part of the employee's regularly scheduled work shift, are eligible for travel time: (1) Employees who are called back for immediate service; (2) employees who are in a 'stand-by' capacity as defined by Article 11. 18.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the employee will receive mileage reimbursement for expenses to and from the directed site or the round trip distance between the directed site and the Carlsbad Police Department, whichever is less. 18. 7 Contiguous Time: These minimums shall not apply to situations where the call back is contiguous with the commencement or end of the employee's regularly scheduled work shift. In that situation, the employee shall receive applicable overtime compensation for all time actually worked beyond the regularly scheduled work shift. 17 Sept. 10, 2019 Item #1 Page 26 of 141 ARTICLE 19. SENIORITY 19.1 The seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department in that rank. An employee promoted to a higher rank and later demoted back to the original rank shall have seniority calculated for all time of continuous service in the higher rank and the original rank combined. 19.2 If an employee voluntarily leaves the city's employ or is dismissed for cause, the employee will lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead, if an employee is reemployed, seniority will be based on the reemployment date. 19 .3 An employee laid off after completing probation and acquiring regular status will, after reinstatement, regain the seniority credit the employee possessed at the time of layoff, provided the reinstatement occurs within twenty-four (24) months of the layoff. 19.4 Refer to Article 31.3 for information re: the impact of a leave of absence on seniority. ARTICLE 20. LEGAL REPRESENTATION 20.1 Upon request of an employee and subject to any legal limitations, the city will provide for the defense of the employee in any civil action or proceeding initiated against the employee by a person or entity other than the city because of an act or omission occurring within the course and scope of the employee's employment. 20.2 Nothing in this Memorandum requires the city to provide for the defense of an employee where: (a) the city has the discretion under the California Government Code not to provide for a defense; (b) the act or omission was not within the course and scope of the employee's employment; (c) the act or omission was the result of the employee's actual fraud, corruption, or malice; or ( d) providing for the defense would create a specific conflict of interest between the city and the employee within the meaning of California Government Code section 995.2. 20.3 Nothing in this Memorandum is intended to give an employee more rights or privileges than those contained in the California Government Code. ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES 21.1 During the term of the Memorandum, the CPOA, its representatives, or members shall not engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against the City of Carlsbad. 18 Sept. 10, 2019 Item #1 Page 27 of 141 21.2 During the term of the Memorandum, the city will not instigate a lockout over a dispute with the employees. 21.3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment. ARTICLE 22. DISCIPLINE OF AN EMPLOYEE 22.1 The city may only discipline regular employees for just cause. In the case of disciplinary action involving suspension, demotion or discharge, the employee shall be given notice of the action to be taken, the evidence or materials upon which the action is based, and an opportunity to respond to the Police Chief either orally or in writing, provided the employee requests the opportunity within seven (7) calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline. 22.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right. Hearing Officer. The employee or employee organization and the city will attempt to develop a permanent list of five ( 5) mutually acceptable hearing officers. If a mutually acceptable list cannot be developed, the parties agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strikeout procedure using a list of seven names provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name. The city will bear all administrative costs associated with an appeal of discipline and the subsequent hearing including the hearing officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents. 22.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the period of time, from one to four years, that the discipline will remain in the affected employee's personnel records, unless a longer period is required by law. At the end of the designated period of time, the disciplinary action shall be removed from the employee's personnel file. It is the responsibility of the employee to initiate a request for removal of disciplinary action from the employee's personnel file. The only permitted use of the removed disciplinary action shall be in a later disciplinary proceeding where there is an allegation of similar or cumulative activity or misconduct. 19 Sept. 10, 2019 Item #1 Page 28 of 141 22.4 Nothing in this Memorandum shall be construed to require "cause" or "just cause" for the rejection of a probationary employee prior to the expiration of the probationary period. A probationary employee rejected during the probationary period shall not be entitled to appeal such rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection with the Police Chief. 22.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to appeal to the Hearing Officer any disciplinary action, interpretation or alleged violation of the Personnel Ordinance or Personnel Rules, except in instances where the right of appeal is specifically prohibited by the Personnel Ordinance or Personnel Rules, or this Article. 22.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the Human Resources Director, who shall, within ten (10) calendar days after receipt of the appeal, inform the Hearing Officer of the action desired by the appellant and the reasons why. The formality of a legal pleading is not required. 22. 7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days from the date of filing, unless the parties mutually agree to a later hearing date. The Human Resources Director shall notify all interested parties of the date, time, and place of the hearing. 22.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the Hearing Officer at the time and place of the hearing. The appellant may be represented at the hearing by any person or attorney the appellant selects and may produce any relevant oral or documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings will be closed unless at least four ( 4) business days prior to the hearing the appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing officer will make a recommendation. If either party disagrees with the Hearing Officer's recommendation, that party may request, within ten (10) calendar days, to present their case to the City Council before the City Council renders a final decision. 22.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and to the appellant. The City Council shall review the findings and recommendations of the Hearing Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems warranted, and the action taken shall be final. The Hearing Officer may submit a minority or supplemental finding and 20 Sept. 10, 2019 Item #1 Page 29 of 141 recommendation. In the case of suspension, discharge or demotion, the appointing power shall reinstate an employee to the employee's former status if the City Council determines that the action was for discriminatory reasons. 22.10 Disiplinary appeal hearing. During any disciplinary appeal hearing, either party may file a written motion with the City Clerk for the City of Carlsbad seeking authorization from the City Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing officer. The motion for authorization shall be heard in closed session, unless waived by the appellant. Either party's representative may make a statement to the City Council on the issue of whether authorization to seek a writ is justified. During this hearing on the motion for authorization to pursue a writ, neither party may discuss the merits or the factual basis of the underlying administrative hearing with the City Council. The parties should limit their discussion as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing the discipline shall not be required to seek authorization from the City Council in order to pursue an interlocutory writ in court as to those issues in which the court has initial jurisdiction, including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of Rights Act. ARTICLE 23. PROBATIONARY PERIOD 23.1 For sworn personnel, the initial hire probationary period shall be one year from the date the employee is sworn as an officer. For non-sworn personnel, the initial hire probationary period shall be one year from the date of hire. The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and the fitness of the employee to the assigned work. The employee will find this period helpful in evaluation of the city, his/her duties, his/her work and other satisfaction. 23 .2 Refer to Article 31.3 for information re: the impact of a leave of absence on the probationary period. 23.3 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. ARTICLE 24. RETIREMENT BENEFITS 24.1 The city has contracted with CalPERS for the following retirement benefits: Safety "Classic" Members (those that do not qualify as "New Members" as defined below) • Employees entering City of Carlsbad safety CalPERS membership for the first time prior to October 4, 2010 -The retirement formula shall be 3 % @ 50; single highest year final compensation. 21 Sept. 10, 2019 Item #1 Page 30 of 141 • Employees entering City of Carlsbad safety CalPERS membership for the first time on or after October 4, 2010 -The retirement formula shall be 2%@ 50; three year average final compensation. 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: • Safety-The retirement formula shall be 2.7%@ 57; three year average final compensation. • Miscellaneous -The retirement formula shall be 2% @ 62; three year average final compensation. 24.2. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • • • • • Safety employees subject to the 3%@ 50 and 2%@ 50 benefit formula shall pay all of the employee retirement contribution (9%). Safety employees who meet the definition of "New Member" under PEPRA shall pay the required PEPRA member contribution rate as established by CalPERS. 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 the required PEPRA member contribution rate as established by CalPERS. 24.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city will report the value of the EPMC as additional (special) compensation to CalPERS for all CPOA represented employees designated as "classic members." 22 Sept. 10, 2019 Item #1 Page 31 of 141 ARTICLE 25 FLEXIBLE BENEFITS PROGRAM 25.1 Employees represented by the CPOA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, AD&D insurance and flexible spending accounts (FSAs). Each of these components is outlined below. 25.2 Benefits Credits and Medical Insurance: During the entire term of this agreement, represented employees will be covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section 25.5 of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees' Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered. The city shall contribute monthly amounts ( called "Benefits Credits") on behalf of each active employee and eligible dependents toward the payment of medical premiums under the CalPERS Health Program. The city contribution shall be based on the employee's medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city's total contributions, the employee will pay the difference. Waiver Provision: CPOA-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. The benefits credits associated with waiving medical coverage will be set equal to 50% of the benefit credits associated with Employee Only medical coverage level. 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. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any "excess credits" to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income. The Benefits Credits for calendar year 2019 shall increase as shown in the table below. To provide CPOA represented employees with the value of the increase in 2019 Benefits Credits, with the payroll for the first full pay period after ratification of this Memorandum by the City Council, the city shall make a one-time taxable (non- PERSable) cash payment equal to the increase in benefits credits for CPOA members employed by the city on that date. The increase in Benefits Credits shall be given to each 23 Sept. 10, 2019 Item #1 Page 32 of 141 employee based on the employee's medical coverage level in the pay period in which the cash amount is paid and pro-rated based on the employee's benefit-eligibility date (i.e., the date they became eligible for city benefits). Employees hired during subsequent pay periods in calendar year 2019 shall receive a cash payment for this increase in Benefits Credits in the pay period in which they become benefit-eligible. Medical Prior Monthly 2019 Monthly Monthly Coverage Level Benefits Credits Benefits Credits Increase Employee $573.00 $577.00 $4.00 Employee+ 1 $1,146.00 $1,158.00 $12.00 Family $1,502.00 $1,528.00 $26.00 Waive Medical $286.50 $416.68 $130.18 Effective the pay periods that include 1/1/2020, 1/1/2021 and 12/31/2021 the city monthly benefit credits associated with each medical coverage level will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. 25.3 Dental Insurance CPOA employees may choose to enroll in or opt out of the city-sponsored dental insurance plan at any coverage level. 25.4 Vision Insurance CPOA employees may choose to enroll in or opt out of the city-sponsored vision insurance plan at any coverage level. 25. 5 Retirees Each retired employee who was a member of this bargaining unit is covered by the Public Employees' Medical and Hospital Care Act and is eligible to participate in the California Public Employees' Retirement System (CalPERS) Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS Health Program. Direct authorization may be established for automatic deduction of payments for health insurance administered by CalPERS. Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city's dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose 24 Sept. 10, 2019 Item #1 Page 33 of 141 coverage upon retirement, or who chooses coverage and later drops it is not eligible to return to the city's dental and vision insurance programs. The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. ARTICLE 26. UNIFORM REIMBURSEMENT Effective upon the first day of the first full pay period following City Council approval of this agreement, reimbursement to represented employees for the cost of purchasing and maintenance ofrequired uniforms shall be $34.62 per pay period. (Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members). ARTICLE 27. EDUCATIONAL INCENTIVE 27.1 Educational Incentive Compensation. Effective between January 1, 2019 and until the first day of the pay period following ratification of this MOU by the City Council: Level 1: Applicable to all employees in the bargaining unit represented by the CPOA. (a) A sworn employee or employee in the communications series of classifications that presents evidence of the award of a Basic certificate issued by the State of California Commission on Peace Officer Standards and Training shall be compensated at the rate of sixty-two dollars ($62) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. (b) Other non-sworn employees, upon successful completion of the required probationary period, a minimum of one-year of service with the City of Carlsbad and possession of a high school diploma or GED, shall be compensated at the rate of sixty-two dollars ($62) biweekly. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. Level 2: Applicable to all employees in the bargaining unit represented by the CPOA. (a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of the following: Evidence of the award of an Intermediate certificate issued by the State of California Commission on Peace Officer Standards and Training, or evidence of a Baccalaureate degree and at least two (2) years experience with a police agency, or evidence of an Associate degree and at least four ( 4) years experience with a 25 Sept. 10, 2019 Item #1 Page 34 of 141 police agency. The work experience shall be within the same job description as the employee's current work assignment, (i.e. peace officer, communicator, community service officer). (b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated at the rate of one hundred fifty-two dollars ($152) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. Level 3: Applicable to all employees in the bargaining unit represented by the CPOA. (a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of the following: Evidence of the award of an Advanced certificate issued by the State of California Commission on Peace Officer Standards and Training, or evidence of a Masters degree and at least four (4) years experience with a police agency, or evidence of a Baccalaureate degree and at least six (6) years experience with a police agency, or evidence of an Associate degree and at least nine (9) years experience with a police agency. The work experience shall be within the same job description as the employee's current work assignment, (i.e. peace officer, communicator, community service officer). (b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated at the rate of two hundred eighteen dollars ($218) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. Effective the first day of the first full pay period after ratification of this MOU, eligibility for education incentive is as follows: For employees who are eligible to obtain a certificate issued by the State of California Commission on Peace Officer Standards and Training (POST): Level Eligibility Requirements Incentive Pay Amount 1 POST Basic Certificate $62 biweekly 2 POST Intermediate Certificate $152 biweekly 3 POST Advanced Certificate $218 biweekly 26 Sept. 10, 2019 Item #1 Page 35 of 141 For employees who are not eligible to obtain a certificate issued by the State of California Commission on Peace Officer Standards and Training (POST): Level Eligibility Requirements Incentive Pay Amount 1 High School diploma or GED $62 biweekly 2 Associate degree $152 biweekly 3 Baccalaureate degree $218 biweekly Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant, Carlsbad Police Department. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. 27.2 An employee that meets the criteria for compensation under more than one level, above, shall receive compensation for only the highest such level for which he or she qualifies. ARTICLE 28. FIELD TRAINING OFFICER Effective upon the first day of the first full pay period after ratification of this MOU, field training officers or civilian personnel who are assigned to train co-workers shall be compensated at the rate of $40 for each work shift the employee is engaged in the training function. The selection of field training officers or civilian personnel who are assigned to train co-workers shall be at the sole discretion of the Police Chief. ARTICLE 29. VEHICLES FOR INVESTIGATIONS Each represented employee who is working in the assignment of detective shall be assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift; provided, however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to any detectives assigned in addition to the number assigned as of the date of this Memorandum. ARTICLE 30. LONG TERM DISABILITY During the term of this Memorandum, city agrees to continue to provide long term disability insurance. The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other respects, the insurance shall continue unchanged. ARTICLE 31. LEAVE OF ABSENCE 31.1 Occupational Injuries or Illnesses 27 Sept. 10, 2019 Item #1 Page 36 of 141 31.1.1 A sworn employee who is temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. If the employee continues to be unable to work after the employee's 4850 benefits have been exhausted and the employee has not been retired, the employee will receive workers' compensation temporary disability payments as provided in the Labor Code. To the extent these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time-to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. A sworn employee shall not use accrued sick leave after the city approves the employee's Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit. 31.1.2 A non-sworn employee who is temporarily unable to work due to an occupational illness or injury will receive full pay for the first forty-five (45) calendar days. If the employee continues to be temporarily unable to work after forty-five ( 45) calendar days, the employee will receive workers' compensation temporary disability payments as provided in the Labor Code. To the extent that these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 31.2 Non-Occupational Injuries or Illnesses 31.2.1 An employee who is temporarily unable to work due to a non- occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 28 Sept. 10, 2019 Item #1 Page 37 of 141 31.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same manner as leaves of absence for non-occupational illnesses or injuries, subject to the pregnancy disability provisions of the California Fair Employment and Housing Act. 31.3 Extended Leave of Absence Upon completion of either 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) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below: 1. accrual of sick leave and vacation, 2. holiday pay 3. cell phone allowance and 4. shift differential pay. 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 salary anniversary date, vacation anniversary date and seniority will be adjusted for each calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a 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), the second leave of absence shall be considered a continuation of the first leave of absence. 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 and salary anniversary date 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. 31.4 To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the California Family Rights Act or the federal Family and Medical Leave Act. ARTICLE 32. DISABILITY RETIREMENT An employee's eligibility for disability retirement will be determined in accordance with the standards and procedures contained in California Government Code sections 20000 et seq. 29 Sept. 10, 2019 Item #1 Page 38 of 141 ARTICLE 33. VACATION Vacation leave can be used in 15 minute increments. 33.1 Effective upon the first day of the first full pay period following ratification of this MOU, all eligible CPOA-represented employees shall be entitled to accrue vacation on a daily basis according to the number of continuous full years of employment based on the following vacation accrual schedule: Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service -14 minutes/day Beginning the sixth ( 6th) year of continuous employment through the completion of ten (10) full calendar years of continuous service -21 minutes/day Beginning the eleventh (11 th ) year of continuous employment through the completion of fifteen (15) full calendar years of continuous service -26 minutes/day Beginning the sixteenth ( 16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 33 minutes/day for every full calendar year of continuous employment thereafter. 33.2 Vacation Accrual Maximum Effective upon the first day of the first full pay period following ratification of this MOU no employee will be allowed to accrue vacation hours in excess of the four hundred and eighty ( 480) hour maximum. The Police Chief will encourage the taking of accrued vacation leave. Although employees are responsible for actively managing their leave balances, the Police Chief will not unreasonably deny requests for vacation time off. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Police Chief and the City Manager. The Police Chief and the City Manager may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. 33.3 Vacation Conversion Once each January, employees will be allowed to voluntarily convert up to one hundred sixty (160) hours of accrued vacation to cash, provided they have used at least eighty (80) hours of vacation during the pay periods that fall within the prior calendar year. 30 Sept. 10, 2019 Item #1 Page 39 of 141 33.4 Compensation for City Work During Vacation Occasionally employees on vacation leave are needed for work assignments. Employees returning to work during vacation leave will be compensated as follows: (a) Court --Mandated court appearances during the time of an employee's paid vacation leave from city service will be compensated at time and one half the employee's regular rate of pay, with a minimum of four (4) hours. (b) Duty Time -Employees returning to their regularly scheduled work time while on vacation leave shall be paid their applicable regular rate of pay and not be charged the corresponding vacation time. (c) Non-Duty Time -Employees returning to work at a time other than their regularly scheduled work time while on vacation leave shall be paid at time and one half the employee's regular rate of pay. ( d) Recall -This clause shall not limit the city's right to recall an employee from vacation in the event of an emergency. 33.5 Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by the Police Chief that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide forty-eight ( 48) hours 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. 33.6 Terminal Vacation Pay The dollar value of an employee's accrued vacation balance as of the employee's last day on payroll shall be paid to the employee upon separation of employment at the employee's base rate of pay at separation. ARTICLE 34. HOLIDAYS 34.1 The city agrees to observe eleven (11) scheduled paid holidays per year. The holiday schedule shall not interfere with, influence, or otherwise change the scheduling of shift employees by the department. Effective the first day of the first full pay period after ratification of this MOU employees will accrue 1 floating holiday. Subsequently, employees will accrue 1 floating holiday each year on July 1st. The floating holiday must be used in full day increments. There is no partial day use of a floating holiday. The floating holiday will be treated in the same 31 Sept. 10, 2019 Item #1 Page 40 of 141 manner as the other 11 holidays except that unused floating holidays will not carry over to the next fiscal year and will not be paid out upon separation of employment. 34.2 The holiday schedule for the term of this agreement is as follows: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Thanksgiving Friday Christmas Day 34.3 Employees who work a 5/8 schedule will be paid eight (8) hours of straight time for each holiday. Employees who work a 9/80 schedule will be paid nine (9) hours of straight time for each holiday. Employees who work a 4/10 schedule will be paid ten (10) hours of straight time for each holiday. Employees who work a 3/12 schedule will be paid twelve (12) hours of straight time for each holiday. 34.4 Employees will be compensated in cash or compensatory time off (CTO) for holidays in the pay period in which they occur. Employees scheduled to work on a holiday who desire the day off will utilize vacation or CTO. For purposes of this section, a shift trade will be considered part of an employee's regularly scheduled work shift. ARTICLE 35. SALARY/ANNIVERSARY DATE ON PROMOTION 35.1 Any Police Officer or Police Corporal promoted to the rank of Police Sergeant will be compensated at a minimum of five percent (5%) above the top step of Corporal. 35.2 Any Communications Operator I or II promoted to the position of Communications Supervisor will have their compensation adjusted a minimum of five percent (5%) above the top step of Communications Operator II. 35.3 A police employee serving in Salary Step 5 will be eligible upon promotion for subsequent salary step increases in a higher range on the annual anniversary of the date of promotion. When a police employee is promoted from Step 1, 2, 3, or 4, that employee will retain the anniversary date that was in effect in the salary range from which the employee was promoted. 32 Sept. 10, 2019 Item #1 Page 41 of 141 ARTICLE 36. ALCOHOL AND DRUG POLICY I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). Testing shall be conducted in a manner to ensure a high degree of accuracy and reliability using techniques, equipment, and laboratory facilities, which have been approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Health and Human Services (DHHS). Collection, chain of custody, and testing procedures shall be conducted in accordance with FT A/DOT regulations, 49 C.F.R. Parts 40 and 655. This policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.). This policy is intended to accomplish that objective. A. Definitions -As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. "Workplace" means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city-assigned work is being conducted, or within a reasonable time thereafter. 3. "Reasonable suspicion" means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. 4. "Medical Review Officer (MRO)" is responsible for receiving laboratory confirmed urine drug test results; determining whether there is a legitimate medical explanation for a laboratory-confirmed positive, adulterated, or substituted result; and reviewing and reporting a verified result to the employer in a timely and confidential manner. 5. "CCF" refers to the federal drug testing Custody and Control Form. This form will be completed for all urine specimen collections and requires the employee's signature each time a specimen is collected. 33 Sept. 10, 2019 Item #1 Page 42 of 141 6. "Urine Collector" is responsible for collecting urine specimens using 49 C.F.R. Part 40 procedures; shipping the specimens to certified laboratories for analysis; and distributing copies of the CCF to the laboratory, MRO, employer, and employee in a timely and confidential manner. 7. "Breath Alcohol Technician (BAT)" is responsible for conducting alcohol screening and confirmation tests by collecting and analyzing breath specimens using an approved screening device and an evidential breath testing (EBT) device; documenting the results of the test; and transmitting the results to the employer in a timely and confidential manner. 8. Third Party Administrator: A service agent who coordinates a variety of drug and alcohol testing services for employers. These services can include random selections; and coordinating urine collections, laboratory testing, MRO services, alcohol testing, and SAP evaluations. The TP A is responsible for ensuring that its service agents are qualified. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on- call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel; c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere ), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription ( over-the-counter medications), which interfere with safe or effective performance of their duties or operation of city equipment. 34 Sept. 10, 2019 Item #1 Page 43 of 141 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee's employment with the city, consistent with the legal requirements for disciplinary due process. C. Consequences of Violation of Policy I. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis B. I. Upon receiving a conditional offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment. 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. 35 Sept. 10, 2019 Item #1 Page 44 of 141 2. Some examples of "reasonable suspicion" as defined in Section l.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving city property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs. 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by city management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city. 36 Sept. 10, 2019 Item #1 Page 45 of 141 C. Random Selection Testing All sworn employees in the Vice Narcotics Unit of the Carlsbad Police Department, with the classifications of Police Officer, Police Corporal, and Police Sergeant shall be subject to random substance abuse teststhroughout the fiscal year. This includes detectives assigned to the narcotics taskforce and the gang taskforce. The ongoing testing will be conducted on an unannounced basis. Employees will have an equal chance of being selected and tested in each selection period. The names of all eligible employees will be placed in a pool, with the selection of employees made by a scientifically valid method via the Third Party Administrator of the program. Once an employee's name is pulled for testing, his or her name will be returned to the pool. Any CPOA-represented employee who operates the Public Safety Command Post vehicle shall be subject to random substance abuse tests. Refer to Administrative Order No. 64 for more information re: the drug and alcohol testing policy for employees in safety sensitive positions. Random testing will be performed as follows: • Drugs -Fifty percent (50%) of the total number of covered employees shall be tested annually. • Alcohol -Twenty five percent (25%) of the total number of covered employees shall be tested annually. 1. Employee Notices When an employee has been randomly selected, the employee will be discreetly notified of his or her test in a Testing Notice. The supervisor will document the date and time the Testing Notice is delivered and then the employee will be required to sign the Testing Notice, which also acknowledges that the employee being tested has been advised of the drug and alcohol testing policy. Additionally, the employee will be asked by the Urine Collector or BAT to complete the necessary form(s), either the CCF or ATF or both, for the test(s) to be conducted and analyzed. 2. Testing for Prohibited Drugs A Urine Collector will collect a urine specimen to be analyzed by a certified laboratory for the presence of drugs prohibited under this policy. An employee must void 45 mL of urine all at once for an accurate collection. At the collection site, the Urine Collector will divide the specimen into two samples: 30 mL of which will be labeled as the primary sample (Bottle A) and 15 mL labeled as the split sample (Bottle B). The urine samples will be sent under seal, with required custody and control forms, to a laboratory approved by SAMHSA. An initial drug screen will 37 Sept. 10, 2019 Item #1 Page 46 of 141 be conducted on each primary sample. If the initial drug screen does not yield a negative test result, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in DOT regulations, as amended. If the result of the primary sample is not negative, the split sample as well as the primary sample will be retained in frozen storage for at least 1 year from the date the laboratory receives it. 3. Medical Review Officer All drug test results shall be interpreted and evaluated by a qualified MRO, who shall meet the requirements set forth in DOT regulations. The MRO shall not convey test results to the city until the MRO has determined that the test result was positive or negative, or should be cancelled. When the MRO reports the result of the verified positive test, the MRO may disclose the drug(s) for which there was a positive result. The MRO may only reveal the levels of a positive drug test result to the City of Carlsbad, the employee, or the decision maker in a lawsuit, grievance or other proceeding initiated by the employee and arising from a verified positive result, or as otherwise required by law. If the MRO declares a drug test to be invalid for any reason, the test is considered canceled, and neither positive nor negative. However, a re- collection under direct observation may be ordered by the MRO. 4. Split Specimen Testing Any employee who questions the results of his/her required drug test under this policy may, within 72 hours of having been notified of a verified positive test by the MRO, request that an additional test be conducted on the split sample (Bottle B) of the original specimen that was voided. This test will be conducted at a different DHHS certified laboratory, selected by the employee. The test must be conducted on the split sample that was provided at the same time as the original sample. If Bottle B also tests positive, then the employee may be subject to disciplinary sanctions, up to and including termination. If the testing of Bottle B produces a negative result, or for any reason Bottle B is not available, the test is considered cancelled and no sanctions are imposed. However, a re-collection under direct observation may be ordered at the MRO's sole discretion. The employee shall bear the responsibility of paying for the testing of the split specimen (Bottle B). 38 Sept. 10, 2019 Item #1 Page 47 of 141 5. Alcohol Testing Alcohol tests will be performed by a certified BAT. If the initial test on an employee using an approved EBT indicates a breath alcohol concentration (BAC) of 0.02 or greater, a second test will be performed no sooner than 15 minutes but no later than 30 minutes from the first attempt to confirm the results of the initial test. Employees whose confirmatory test results indicate a BAC of 0.04 or greater may be subject to discipline, up to and including termination. 6. Refusal to Test An employee that refuses to submit to drug or alcohol testing required by the city shall be prohibited from performing or continuing to perform public safety functions and shall be assigned to a light duty assignment or placed on paid administrative leave at the city's discretion. An employee's refusal to submit to drug or alcohol testing required by the city for any reason shall be considered an act of insubordination and may also result in disciplinary action, up to and including termination. Refusal to test shall include the following: a. Failure to appear for any test within a reasonable time, as determined by the employer, consistent with applicable DOT regulations, after being directed to do so by the employer; b. Failure to remain at the testing site until the testing process is complete; c. Failure to provide a urine specimen for any drug test required; d. In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of provision of a specimen; e. Failure to provide a sufficient amount of urine when directed, and it has been determined, through a medical evaluation, that there was not adequate medical explanation for the failure; f. Failure or decline to take an additional drug test the employer or collector has directed you to take; g. Failure to undergo a medical examination or evaluation, as directed by the MRO; h. Failure to cooperate with any part of the testing process; 1. For an observed collection, failure to follow the observer's instructions; J. Possession or wearing of a prosthetic or other device that could be used to interfere with the collection process; or k. Admit to the collector or MRO that you adulterated or substituted the specimen. 39 Sept. 10, 2019 Item #1 Page 48 of 141 The above refusals to test shall incorporate any future amendments to DOT Regulation 49 CFR Part 40 Section 40.191. 7. Follow-up Covered employees who test positive may be referred to a Substance Abuse Professional (SAP) for assessment. Any covered employee identified by the Substance Abuse Professional as needing assistance and who is not being terminated, will be subject to follow-up testing upon returning to duty. After the SAP has notified the city the employee has completed the SAP's requirements, which may include treatment and/or education, an eligible employee may return to work. However, the employee shall not perform public safety functions until the city has obtained negative drug test results from the MRO. This test is referred to as the "Return to Duty" test in the DOT regulations. Both Return to Duty and Follow-Up Tests shall be under direct observation. The Follow-Up Tests shall appear in a testing plan. The testing plan will be developed by the SAP and will include the number ohests required over a specified duration. The city has no discretion to alter the SAP's testing plan and the employee shall not have the right to obtain a copy of the testing plan. A minimum of six unannounced tests will be performed over the twelve month period following the employee's return to duty. Follow-up testing may be performed for up to 60 months following return- to-duty. Such testing shall be separate from participation in the random testing selection procedures. Follow-up testing may include tests for other substances beyond the employee's initial positive test of drug and/or alcohol use when the SAP has reason to believe that additional testing is warranted. If an employee is referred to a substance abuse program, payment for the program is the responsibility of the employee. 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. 40 Sept. 10, 2019 Item #1 Page 49 of 141 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 37. EMPLOYER SEARCHES For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the right to search, with or without prior notice to the employee, all work areas and property in which the city maintains full or joint control with the employee, including, without limitation, city vehicles, desks, lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas and property under full or joint city control since such work areas may be subject to investigation or search under this article. Employer searches may occur when there is a reasonable suspicion that the employee has violated a city or department policy, directive, or work rule and that the area or property to be searched may contain evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal authority to conduct them. Searches will not normally occur without the concurrence of more than one supervisor. If the Public Safety Officers Procedural Bill of Rights Acts (Government Code sections 3300 et seq.) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article. Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery of evidence of a policy, directive, or work rule violation. ARTICLE 38. FLEXIBLE JOB SHARING Employees may, with the express written approval of the City Manager, the Human Resources Director, and the Police Chief, participate in a flexible job-sharing program. The specifics of such a program shall be determined by the employees and the city on a case by case basis. Prior to the implementation of any such program, 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 39. DEFERRED COMPENSATION LOAN PROVISION The city and the CPOA agree to work with the city's deferred compensation provider (currently ICMA Retirement Corporation) to implement a personal loan provision for represented employees as soon as administratively possible. It is acknowledged that the city will assist in the administrative set-up of this benefit but that the city has no liability if an employee should default on the repayment of such a loan. 41 Sept. 10, 2019 Item #1 Page 50 of 141 ARTICLE 40. LIFE INSURANCE AND VOLUNTARY BENEFITS All CPOA-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 41. RE-OPENERS At any time during the term of this Memorandum, the city may reopen negotiations on the implementation of technological changes affecting the Police Department. CPOA acknowledges that the city has the management right to decide to change the technology used in the Police Department and that any negotiations shall be regarding the effects of the city's decision on CPOA members. At any time during the term of this Memorandum, the city may reopen negotiations on the issue of health insurance benefits in order to reduce or eliminate penalties under the ACA. At any time during the term of the MOU, after CalPERS announces its actual rate ofreturn for the prior fiscal year, if the CalPERS actual rate ofreturn is less than CalPERS' expected rate of return (the expected rate ofretum or "discount rate" in effect during that same prior fiscal year), the City may reopen negotiations on the issue of employee cost sharing toward the City's required contribution to CalPERS for CPOA members. Any changes shall be by mutual agreement only. At any time during the term of the MOU either party may reopen negotiations on the issue of a retiree medical trust. Any changes shall be by mutual agreement only. At any time during the term of the MOU, the City may reopen negotiations to discuss the enhancement of disability insurance benefits for CPOA members. Any changes shall be by mutual agreement only. ARTICLE 42. ACTING PAY Whenever the perceived 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) consecutive calendar days, the employee shall receive additional pay while in the acting capacity. 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. In the event that the City does not need the employee to serve in an acting capacity for at least twenty-one (21) consecutive calendar days, the employee shall receive the acting pay for that period of time the acting assignment lasts. In the event that at the beginning of an acting assignment, it is not perceived that the acting 42 Sept. 10, 2019 Item #1 Page 51 of 141 assignment will last at least twenty-one (21) consecutive calendar days, and the acting assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the acting assignment shall receive the acting pay retroactive to the first day of the acting assignment. No employee shall be required to perform all 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 Police Chief. Exceptions to the minimum qualifications criteria may be recommended by the Police Chief on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she shall receive not less than 2.5% additional pay. The additional pay shall commence on the first (1st) calendar day of the temporary reassignment of the performance of duties of the higher classification. The recommendation that an employee be required to perform duties of the higher classification shall be placed in writing by the Police Chief and submitted to the Human Resources Director for approval. An employee may not serve in an acting capacity for more than six (6) months without prior approval from the Police Chief. A person appointed to an acting capacity shall be eligible to receive step increases in his/her regular position during the acting appointment. The Human Resources Director shall obtain the employee's acknowledgement of the temporary performance of all of the duties of the higher classification prior to the employee's assuming or continuing the duties and additional compensation. The acknowledgement form shall clearly state that it is understood that a reduction in salary shall be effected to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. ARTICLE 43. 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 be placed at the nearest step of the journey level salary range which represents a minimum five percent (5%) salary increase. Entiy Level Position Community Service Officer I Communications Operator I ARTICLE 44. JURY DUTY Journey Level Position Community Service Officer II Communications Operator II 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. The Police Chief or his/her designe~ may, at 43 Sept. 10, 2019 Item #1 Page 52 of 141 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 45. SHIFT DIFFERENTIAL Effective upon the first day of the first full pay period following ratification of the MOU, all CPOA-represented employees who work or who take paid leave for a night shift (i.e., a shift in which five or more hours of their shift are after 1700 hours and before 0600 hours) shall be eligible for Shift Differential Pay. Shift Differential Pay shall be equal to three percent (3%) of the base pay rate and will be paid for the night shift (all hours worked), inclusive of all paid leave or paid time during a leave of absence, except 1) when the employee is on an extended leave of absence as defined in Article 31.3 or 2) time off due to a shift trade. Shift Differential Pay shall be included in the regular rate of pay in conformance with the FLSA as it relates to calculating overtime pay. Shift Differential Pay shall not be included in the definition of "straight time" for purposes of calculating holiday pay as defined in Article 34.3. A person regularly scheduled on a shift that meets the requirements defined in this section who temporarily works on another shift that does not meet the requirements defined in this section will not receive the Shift Differential Pay. ARTICLE 46. SPECIAL STUDY During the term of the MOU the City and CPOA will conduct a study on binding arbitration for disciplinary appeals. 44 Sept. 10, 2019 Item #1 Page 53 of 141 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum to be effective as stated herein. CITY OF CARL!- / SCOTT CHADWI APPROVED AS TO FORM: - CARLSBAD POLICE OFFICERS' ASSOCIATION ~R\0 Date Date __ h'-----fl<-f-il/._._;&<-----=~o--w"-----€-----------0.c....___~---o~ -IC, MATTHEW LOWE, President Date 45 Sept. 10, 2019 Item #1 Page 54 of 141 THE CITY OF CARLSBAD CPOA 8I-WEEKL Y SALARY SCHEDULE Effective January 1, 2019 Attachment B RANGE STEP 1 STEP2 STEP 3 STEP4 STEP 5 RANGE 15 19 20 22 24 35 36 38 42 90 1892.94 2141.68 2373.96 2492.66 2816.85 3087.64 3112.61 3268.25 3923.64 2641.65 RANGE15 RANGE15 RANGE19 RANGE 20 RANGE 20 RANGE 22 RANGE 24 RANGE 35 RANGE 36 RANGE 38 RANGE42 RANGE 90 1987.57 2248.77 2492.66 2617.32 2957.69 3242.02 3268.25 3431.66 4119.81 2773.73 2086.95 2191.28 2300.84 2361.19 2479.25 2603.21 2617.32 2748.15 2885.56 2748.15 2885.56 3029.84 3105.58 3260.85 3423.90 3404.11 3574.32 3753.01 3431 .66 3603.26 3783.37 3603.26 3783.37 3972 .59 4325.81 4542.09 4769.18 2912.4 3058.05 3210.95 PROPERTY & EVIDENCE TECHNICIAN COMMUNITY SERVICE OFFICER I COMMUNITY SERVICE OFFICER II COMMUNICATIONS OPERA TOR I POLICE RANGER COMMUNICATIONS OPERATOR II COMMUNICATIONS SUPERVISOR FINGERPRINT & EVIDENCE SPECIALIST POLICE OFFICER POLICE CORPORAL POLICE SERGEANT POLICE RECRUIT 15 19 20 22 24 35 36 38 42 90 Sept. 10, 2019 Item #1 Page 55 of 141 Administrative Order No. 64 (Revised 09/10/2019) This order supersedes Administrative Order No. 64 dated 03/27/2018 Date: 9/10/19 To: All City Departments From: Scott Chadwick, City Manager {cityof Carlsbad Subject: 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 Federc:11 Motor Carrier Safety Administration's regulations. POLICY: See Attachment A 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. i Administrative Order is effective immediately. City Manager City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov Sept. 10, 2019 Item #1 Page 56 of 141 Attachment A CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS 2 Sept. 10, 2019 Item #1 Page 57 of 141 CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY. SENSITIVE POSITIONS TABLE OF CONTENTS SECTION A. B. C. D. E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. PURPOSE CONT ACT FOR POLICY QUESTIONS COVERED EMPLOYEES SAFETY SENSITIVE FUNCTIONS PROHIBITED CONDUCT CONSEQUENCES FOR VIOLATIONS REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST DRUG TESTING ALCOHOL TESTING 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 PRESCRIPTION DRUG USE CONSEQUENCES OF POSITIVE TEST RESULTS SUBSTANCE ABUSE PROFESSIONAL COVERED EMPLOYEE ASSISTANCE PROGRAM RECORD KEEPING ACCESS TO RECORDS TRAINING NOTICE TO COVERED EMPLOYEES 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 Sept. 10, 2019 Item #1 Page 58 of 141 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 iri 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 CPR Part 655, as amended, 49 CFR Part 382, as amended, and 49 CPR 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 Sept. 10, 2019 Item #1 Page 59 of 141 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 Inguiries 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 aCMV. 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 Sept. 10, 2019 Item #1 Page 60 of 141 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 1-2) 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 Sept. 10, 2019 Item #1 Page 61 of 141 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. CONSEQUENCES 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 Sept. 10, 2019 Item #1 Page 62 of 141 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 orforeign 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 Sept. 10, 2019 Item #1 Page 63 of 141 training to interpret and evaluate art 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 Testin~ 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 Sept. 10, 2019 Item #1 Page 64 of 141 I. 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. 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 Sept. 10, 2019 Item #1 Page 65 of 141 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 Sept. 10, 2019 Item #1 Page 66 of 141 3. 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. Random testin2 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%ofthe average number of covered employees. This percentage rate may be adjusted in the future based on the nationwide violation rates. A random al coho I 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 Sept. 10, 2019 Item #1 Page 67 of 141 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 oftraining on alcohol misuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of drugs. 13 Sept. 10, 2019 Item #1 Page 68 of 141 s. 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. Foil ow-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. CONSEOUENCES 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 Sept. 10, 2019 Item #1 Page 69 of 141 M. 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)l 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. SJIBSTANCE 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. o. 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 Sept. 10, 2019 Item #1 Page 70 of 141 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 JO 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 Sept. 10, 2019 Item #1 Page 71 of 141 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 · s. 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. 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 Sept. 10, 2019 Item #1 Page 72 of 141 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) Senior Recreation Leader, 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 HI POLICE: Any employee in a CPO A-represented classification who operates the Public Safety Command Post vehicle. Revised 9/1 0/19 18 Sept. 10, 2019 Item #1 Page 73 of 141 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. 382.12 I. 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 (FHWA). 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 Sept. 10, 2019 Item #1 Page 74 of 141 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 of 26,00 I or more pounds; or c) ls 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 ofD.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 Employer Representative 20. "DHHS" -means the United States Department of Health & Human Services. 21. "DOT" -means the United States Department ofTransportation. 22. "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. 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. "FHWA" -Federal Highway Administration. 20 Sept. 10, 2019 Item #1 Page 75 of 141 29. "Fl'A" -Federal TransportationAdministration 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 Can-ier 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 orunloaded, 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 of a 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 Sept. 10, 2019 Item #1 Page 76 of 141 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; Control I ing 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, BA Ts, laboratories, MR Os, substance abuse professionals, and TPAs. 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. "SIT" -Screening Test Tec_hnician. 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 performing 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 Sept. 10, 2019 Item #1 Page 77 of 141 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: I. 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 Sept. 10, 2019 Item #1 Page 78 of 141 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 of up 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. L 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. If no 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 testresult. 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 wi ll instruct and assist the covered employee in providing a breath alcohol sample, and will complete the Federal DOT Breath Alcohol Testing Form (ATP). 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 I of the ATP. 24 Sept. 10, 2019 Item #1 Page 79 of 141 3. The BAT then directs the covered employee to complete step 2 of the A 1 F 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 ATF, 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 A TF 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 FT A 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 drugtest. 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 FT A 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 b-e based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive covered employee. 25 Sept. 10, 2019 Item #1 Page 80 of 141 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. Tfthere 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 wi ll 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 fro m hi s/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 fo llowing the determination for reasonable suspicion testing, the supervisor wi ll 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 FORFMCSA The FMC SA 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. 1. The supervisor ensures that all injured people receive proper medical care. 2. A post-accident test is determined by the fo llowing situations: Type of Accident Involved: Citation Issued: Test Must be Performed: Human Fatality YES YES NO YES Bodily injury with immediate medical YES YES treatment away from the scene NO NO Disabling damage to any motor YES YES vehicle requiring tow away NO NO Exceptions: You must not conduct a FMCSA DOT test if the following exceptions occur; ► An occurrence involving only barding 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 26 Sept. 10, 2019 Item #1 Page 81 of 141 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 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. Tn 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 FT A 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 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 employee will be removed from the random pools following selection, and every covered employee will 27 Sept. 10, 2019 Item #1 Page 82 of 141 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. Bet11rn-to-d11D' Iestiuz 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 tl).e 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 Sept. 10, 2019 Item #1 Page 83 of 141 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. E0U0w-np Jestine 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 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. Followup 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 orthereafter. 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. lfany 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. 29 Sept. 10, 2019 Item #1 Page 84 of 141 JOB TITLE: DEPARTMENT: BASIC FUNCTION: CITY OF CARLSBAD CLASS SPECIFICATION POLICE CORPORAL POLICE Attachment D Under general supervision, perform law enforcement and crime prevention work; to control traffic flow and enforce state and local traffic regulations; to perform investigative work; and to do other related work as assigned, including to have responsible charge of police field and investigative duties. Perform the following supervisory responsibilities only when assigned as Officer in Charge in the absence of a Sergeant or when assigned duties by a superior officer: • Maintain discipline and ensure that Department and City rules and policies are followed; • Assist officers in preparing reports in cases for trial; • Assist officers with follow-up investigations; and • Review reports submitted by officers, make recommendations and suggestions for correction and improvements. KEY RESPONSIBILITIES: As a police corporal, patrol city, answer calls for the protection oflife and property, participate in all normal patrol activities, including enforcement of City, County, and State laws; conduct both preliminary and follow-up investigations of disturbances, prowlers, burglaries, thefts, robberies, vehicle accidents, deaths, and other criminal incidents. Make arrests as necessary: interview victims, complainants, and witnesses; interrogate suspects; gather and preserve evidence; testify and present evidence in court. Administer first aid when necessary and conduct in-service training. Contact and cooperate with other law enforcement agencies in matters relating to the investigation of crimes in the apprehension of offenders. Personally appear in court to present evidence and testimony, as necessary. Prepare reports, conduct investigations, and observe unusual incidents. Personally participate in investigations, including all routine gathering of evidence, questioning of witnesses and apprehension of suspects. Serve warrants and subpoenas. 1 Revised 9-10-19 Sept. 10, 2019 Item #1 Page 85 of 141 Stop drivers operating vehicles in violation oflaws; warn drivers against unlawful practices; issue citations. Check buildings for physical security. Receive, search, book, fingerprint, and transport prisoners. Direct traffic at fires, special events, and other emergencies or congested situations. As assigned, participate as an investigative officer in adult and juvenile, misdemeanor and felony investigative work. Confer with prosecutors and maintain contact with other law enforcement agencies. Maintain contact with citizens regarding potential law enforcement problems and preserve good relationships with the general public. Serve as Officer in Charge when necessary. Serve as Field Training Officer (FTO) when necessary. Serve as Field Evidence Technician when necessary. Perform other related duties as assigned. QUALIFICATIONS: Knowledge of: Police methods and procedures, including patrol, crime prevention, traffic control, investigation and identification techniques and police records and reports. Criminal law with particular reference to the apprehension, arrest and custody of persons committing misdemeanors and felonies, including rules or evidence pertaining to the search and seizure and the preservation and presentation of evidence in traffic and criminal cases. Principles and practices of supervision and training. Ability to: Supervise and train subordinates. Observe accurately and remember names, faces, numbers, incidents and places. Analyze situations and adopt effective courses of action. Interpret and apply laws and regulations. Use and maintain firearms. Think and act quickly in emergencies, and judge situations and people accurately. 2 Revised 9-10-19 Sept. 10, 2019 Item #1 Page 86 of 141 Prepare accurate and grammatically correct reports. Establish and maintain cooperative-working relationships with those contacted in the course of work. Understand and carry out oral and written directions. Effectively utilize computer and electronic data resources. Perform the essential job functions of a police officer, as established by City and State guidelines. EDUCATION AND EXPERIENCE: Completion of Carlsbad Police Department probation; possession of ( or eligible to receive) a California Intermediate POST certificate; at least two (2) years of patrol operations experience with a California law enforcement agency; and completion of Field Training Officer (FTO) certificate no later than the end of the one-year probationary period related to being hired or promoted into this classification. The Regular or Specialized Intermediate Certificate: (a) Possess or be eligible to possess an intermediate certificate; and (b) Satisfy the prerequisite basic course training requirement and have acquired the training and education points and/or the college degree designated and the prescribed years of law enforcement experience in one of the following combinations: Minimum Training Points Required 15 30 45 Minimum Education Associate Baccalaureate Points or Degree Required 15 30 45 Degree Degree Years of Law Enforcement Experience Required 8 6 4 4 2 SPECIAL REQUIREMENTS: Must meet the standards established for peace officers as defined by California Government Code Section 1031. Possession of a valid California Driver's License. Possession and maintenance of FTO certificate. 3 Revised 9-10-19 Sept. 10, 2019 Item #1 Page 87 of 141 Exhibit 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE OFFICERS' ASSOCIATION Term: January 1, ~2019 -December 31, W-1-82021 TABLE OF CONTENTS Preamble Page 1 Article 1 Implementation Page 1 Article 2 Term and Renegotiation Page 1 Article 3 Retention of Benefits Page 1 Article 4 Authorized Agents Page 2 Article 5 Recognition Page 2 Article 6 Savings Clause Page 2 Article 7 Nondiscrimination Clause Page 2 Article 8 Compensation Adjustments Page 3 Article 9 Management Rights Page 3 Article 10 Grievance Procedure Page 3 Article 11 Stand-By Page 8 Article 12 Bilingual Pay Page 9 Article 13 Basic Work Week/Work Day Page 9 Article 14 Court and Hearings Page 11 Article 15 Sick Leave/Bereavement Leave Page 12 Article 16 Association Rights Page 13 Article 17 Overtime Page 15 Article 18 Call Back Page 15 Article 19 Seniority Page 17 Article 20 Legal Representation Page 17 Article 21 Peaceful Performance of City Services Page 18 Article 22 Discipline of an Employee Page 18 Article 23 Probationary Period Page 20 Article 24 Retirement Benefits Page 21 Article 25 Flexible Benefits Program Page 22 Article 26 Uniform Reimbursement Page 24 Article 27 Educational Incentive Page 24 Article 28 Field Training Officer Page 26 Article 29 Vehicles for Investigations Page 26 Article 30 Long Term Disability Page 26 Article 31 Leave of Absence Page 26 Article 32 Disability Retirement Page 28 Article 33 Vacation Page 28 Article 34 Holidays Page 30 Article 35 Salary/ Anniversary Date on Promotion Page 31 Article 36 Alcohol and Drug Policy Page 31 Article 37 Employer Searches Page 39 Article 38 Flexible Job Sharing Page 40 Article 39 Deferred Compensation Loan Provision Page 40 Sept. 10, 2019 Item #1 Page 88 of 141 Article 40 Life Insurance and Voluntary Benefits Page 40 Article 41 Re-opener Page 40 Article 42 Acting Pay Page 40 Article 43 Flexible Classifications Page 41 Article 44 Jury Duty Page Article 45 Shift Differential Page Article 46 S12ecial Study Page ii Sept. 10, 2019 Item #1 Page 89 of 141 MEMORANDUM OF UNDERSTANDING This memorandum of Understanding is made and entered into as of the date of formal approval hereof by the City Council of the City of Carlsbad, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "city") and the designated representatives of the Carlsbad Police Officers' Association (hereinafter referred to as "CPOA"). PREAMBLE It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the city management representatives and the local safety police employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CPOA. It is agreed that the city will act in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and those of the Police Department necessary to implement this Memorandum. ARTICLE 2. TERM AND RENEGOTIATION 2.1 The term of this Memorandum shall commence on January 1, WM2019, and shall continue until December 31, 2-Q.l..&2021 . 2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in approximately September 2018August 2021. ARTICLE 3. RETENTION OF BENEFITS Existing benefits contained in this Memorandum shall not be changed during the term of this agreement without the mutual consent of the parties hereto. Existing benefits not set forth in this Memorandum which fall within the scope of representation shall not be changed by the city without advance notice and an opportunity to meet and confer regarding such change. The parties recognize and accept the concept of past practices as to matters within the scope of representation and agree to meet and confer regarding a proposed change in any such practices. The city shall not propose any such changes unless required to do so for operational or organizational reasons. Sept. 10, 2019 Item #1 Page 90 of 141 Notwithstanding the foregoing, during the term of this agreement, neither party will compel the other to meet and confer over any mandatory subject of bargaining. ARTICLE 4. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum: 4.1 City's principal authorized agent shall be the City Manager or a duly authorized representative [Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (760) 434-2821] except where a particular representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 CPOA's principal authorized agent shall be its President or duly authorized representative [Address: P.O. Box 1392, Carlsbad, California 92008; Telephone: (760) 931-2144] and Bobbitt Pinckard & Fields, [Address: 8388 Vickers St. San Diego, California 92111-2109; Telephone (858) 467-1199]. ARTICLE 5. RECOGNITION The city recognizes CPOA as the majority representation of the bargaining unit that includes the classifications as listed in the attached salary schedule. ARTICLE 6. SAVINGS CLAUSE 6.1 If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. 6.2 In the event of invalidation of any article or section, the extinguished benefit shall be replaced by a substitute benefit of comparable value. The city and the Association shall meet within thirty (30) days following the invalidation for the purpose of determining the specific nature and form of the replacement benefit. ARTICLE 7. NONDISCRIMINATION CLAUSE Neither city nor CPOA shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this Memorandum because of exercise of rights to engage or not engage in CPOA activity or because of the exercise of any right provided to the employees by this Memorandum. 2 Sept. 10, 2019 Item #1 Page 91 of 141 ARTICLE 8. COMPENSATION ADITTSTMENTS All CPOA-represented employees active on payroll upon ratification of this MOU shall receive a base salary increase depending on their job classification as shown below retroactive to January 1, 2019. Police Officer, Police Corporal & Police Recruit 5.5% Police Sergeant 4.2% All other classifications 2.0% Upon ratification of this MOU, employees in these classifications will also receive a non-persable stipend egual to 2.5% of an employee's annual salary as of 1/1/2019. Effective January 1, 2020, all CPOA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5% All other classifications 2.0% In the first pay period of 2020, employees in these classifications will also receive a non-persable stipend egual to 2.5% of an employee's annual salfil}'. as of 1/1/2020. Effective January 1, 2021, all CPOA-represented employees active on payroll shall receive a base salary increase depending on their job classification as shown below. Police Officer, Police Corporal, Police Recruit & Police Sergeant 4.5% All other classifications 2.0% In the first pay period of 2021, employees in these classifications will also receive a non-persable stipend egual to 2.5% of an employee's annual salfil}'. as of 1/1/2021. Effective January 1, 2016, all CPOA. represented employees active on payroll shall receive a three point eight percent (3.8%) salm·y increase. Effective January 1, 2017, all CPOA represented employees active on payroll shall receive a three point eight percent (3 .8%) salary increase. Effective January 1, 2018, all CPO,\ represented employees active on payroll shall receive a three point eight percent (3.8%) salary increase. ARTICLE 9. MANAGEMENT RIGHTS 3 Sept. 10, 2019 Item #1 Page 92 of 141 The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its major service areas, departments, commissions, and boards; to set standards of service; to determine procedures and standards of selection for employment and promotion; to direct its employees; to take disciplinary action; to relieve employees from duty because of lack of work or other legitimate reasons; to transfer employees among various department activities and work groups; to maintain the efficiency of city operations; to determine the methods, means and personnel by which city operations are to be conducted; to determine the contents of job classifications; to take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion over its organization and the technology for performing its work. Nothing in this Memorandum shall require the city to meet and confer over the exercise of its management rights, however, in so doing, the city shall comply with all applicable provisions of this Memorandum. ARTICLE 10. GRIEVANCE PROCEDURE 10.1 Purpose. The purpose and objectives of the grievance procedure are: 10.2 10.1.1 10.1.2 10.1.3 10.1.4 10.1.5 10.1.6 Definitions. 10.2.1 10.2.2 To promote improved employer-employee relations by establishing grievance procedures on matters for which an appeal or hearing is not provided by other regulations. To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors, and management. To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. To provide that appeals shall be conducted as informally as possible. To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. This grievance procedure is applicable to all employee classifications represented by the CPOA in the Police Department of the City of Carlsbad. For the purpose of this grievance procedure the following definitions shall apply. City Manager: The City Manager. Assistant City Manager: An Assistant City Manager. 4 Sept. 10, 2019 Item #1 Page 93 of 141 10.2.3 10.2.4 10.2.5 10.2.6 10.2.7 10.2.8 10.2.9 10.2.10 Department: An office, department, or institution of the city. Department Head or Head of a Department: The chief executive officer of a department. Employee or City Employee: Any officer or employee of the city, except an elected official. Employee Representative: An individual who appears on behalf of the employee. Grievance: A complaint of an employee or a group of employees arising out of an application or interpretation of existing rules, regulations, or policies which come under the control of a Department Head. Immediate Supervisor: The individual who assigns, reviews, or directs the work of an employee. Interested Party: An individual having pertinent and/or immediate knowledge of the circumstances out of which the grievance arose. Supervisor: The individual to whom an immediate supervisor reports. 10.3 Reviewable and Non-Reviewable Grievances 10.3.1 10.3.2 To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters over which the head of the department has control. ( c) Arise out of a specific situation, act, or acts considered to be unfair which result in inequity or damage to the employee. ( d) Arise out of an interpretation and application of the Memorandum or Personnel Rules and Regulations. A grievance is not reviewable under this procedure: ( a) If it is a matter which would require a modification of a policy established by City Council or by law; 5 Sept. 10, 2019 Item #1 Page 94 of 141 (b) Is reviewable under some other administrative procedure and/or rules of the City of Carlsbad (See, e.g., Article 22 hereunder), such as: (1) Applications for changes in title, job classification, or salary. (2) Appeals from formal disciplinary proceeding. (3) Appeals from work performance evaluations. 10.4 Special Grievance Procedure Provisions: The following special provisions apply to the grievance procedure. 10.4.1 10.4.2 10.4.3 10.4.4 10.4.5 10.4.6 Procedure for Presentation: In presenting a grievance, an employee shall follow the sequence and the procedure outlined in Section 10.5 of this procedure. Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after (i.e., when grievant knew or should have known) the act or omission of management caused the gnevance. Prescribed Form: The written grievance shall be submitted on a form prescribed by the Human Resources Director for this purpose. Statement of Grievance: The grievance shall contain a statement of: (a) The specific situation, act, or acts considered to be unfair and the reasons why. (b) The inequity or damage suffered by the employee. ( c) The relief sought. Employee Representative: The employee may choose someone as a representative at any step in the procedure. No person hearing a grievance need recognize more than one representative for any one time, unless he/she so desires. Interested Parties: There shall be no limit placed upon the number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. 6 Sept. 10, 2019 Item #1 Page 95 of 141 10.4.7 10.4.8 10.4.9 10.4.10 10.4.11 Handled During Working Hours: Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. Settlement: Any grievance shall be considered settled at the completion of any step if the grievant is satisfied or if the grievant does not present the matter to a higher authority within the prescribed time. Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Human Resources Department. 10.5 Grievance Procedure Steps: The following procedure shall be followed by an employee submitting a grievance for consideration and action. 10.5.1 10.5.2 Discussion With Supervisor: The employee shall discuss the grievance with the employee's immediate supervisor informally. Within seven (7) calendar days, the supervisor shall give a decision to the employee verbally. Step 1: If the employee and the supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the supervisor. The supervisor shall memorialize the prior verbal decision on the grievance and present the grievance to the next-level supervisor within seven (7) calendar days. The next-level supervisor shall hear the grievance and shall give a written decision to the employee within seven (7) calendar days after receiving the grievance. This portion of this step shall be repeated as necessary until the next-level supervisor is a Police Captain_,_ 7 Sept. 10, 2019 Item #1 Page 96 of 141 10.5.3 10.5.4 10.5.5 10.5.6 10.5.7 Step 2: If the employee and the next-level supervisor cannot reach an agreement to resolve the grievance, the employee may within seven (7) calendar days present the grievance in writing to the Police Chief. The Police Chief shall hear the grievance and shall give the written decision to the employee within seven (7) calendar days after receiving the grievance. Step 3: If the employee and Police Chief cannot reach an agreement as to the solution of the grievance, the employee may file a written request with the Human Resources Director, within seven (7) calendar days, to have the grievance heard by a Hearing Officer via the process described in Section 10.5.7. The Human Resources Director shall present a copy of the grievance to the Assistant City Manager who may conduct a meeting with the grievant and/or CPOA representatives to identify and clarify disputed issues and attempt to resolve the grievance prior to presentation of the grievance to the Hearing Officer. Step 4: If the matter is not otherwise resolved, the Hearing Officer shall, within thirty (30) calendar days after receipt of the grievance, hear the grievance and render an advisory opinion to the City Manager. The City Manager shall, within fourteen (14) calendar days after receipt of the advisory opinion, notify the employee of the final action. Any of the above steps may be waived by mutual agreement of the parties. Hearing Officer. The employee or employee organization and the city will attempt to develop a permanent list of five (5) mutually acceptable hearing officers. If the parties cannot mutually agree on the identity of the hearing officer from this permanent list, they will alternately strike names from the list of five using a strikeout procedure. The party striking the first name will be determined by lot. If a permanent list of five mutually acceptable hearing officers cannot be developed, the parties agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list of seven hearing officers provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the identity of the hearing officer they will alternately strike names from the list of seven using a strikeout procedure. The party striking the first name will be determined by lot. All administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription costs, if any, will be shared equally between the city and 8 Sept. 10, 2019 Item #1 Page 97 of 141 the Carlsbad Police Officers' Association. In the case that the Carlsbad Police Officers' Association does not support the grievance continuing to the advisory hearing by a Hearing Officer, all administrative costs associated with the cost of a grievance and the subsequent hearing; including the hearing officer, court reporter and transcription costs, if any, will be shared equally between the city and the employee. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents. ARTICLE 11. STAND-BY 11.1 Due to staff limitations, it may be necessary for the Police Chief to schedule employees to be on stand-by to handle overtime work which may arise during other than the employee's normal working hours. (a) Incident Stand-by is defined as time in which an employee (a duty detective, detective sergeant or duty traffic investigator) is required, by the Police Chief or designee, to remain at a place where the employee can reasonably expect to respond and arrive at the Carlsbad Police Department within one hour. Employees are expected to respond in a safe and expeditious manner taking only the time necessary to arrive at the Carlsbad Police Department or other designated location. Response delays caused by traffic conditions or other factors beyond the employee's control will not be considered a failure to respond within the requirements of this article. (b) Staffing Stand-by is defined as time in which an employee (generally the assigned communications operator) is required, by the Police Chief or designee, to remain available to respond to the Carlsbad Police Department. 11.2 Contact Responsibility: An employee assigned to stand-by shall maintain current contact information, either telephone number and/or cell phone number, with the communications center. The employee assigned to stand-by shall be immediately available at the number(s) provided. 11.3 Compensation: An employee will be compensated for stand-by time at the rate of twenty two dollars ($22) per 24 hours or fraction thereof. Employees on stand-by, called to perform work, will be compensated for all actual hours worked in accordance with overtime and call-back rules. 11.4 General Call Out: Certain special assignments, such as canine, investigations, field evidence technicians and traffic are expected to respond to call-outs if they are available but unless they are assigned to stand-by they are not required to maintain an available status. 9 Sept. 10, 2019 Item #1 Page 98 of 141 11.5 Sick Notification: If any employee is unable to fulfill any portion of their stand-by assignment due to illness or other emergency, it is the employee's responsibility to notify their supervisor as soon as possible so that an alternate may be assigned. ARTICLE 12. BILINGUAL PAY Any employee certified, as the Police Chief may direct, as a qualified translator-interpreter of the Spanish language shall receive forty dollars ($40) per pay period. ARTICLE 13. BASIC WORK WEEK/WORKDAY 13.1 The official workweek for non-sworn employees who work 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). 13.2 The official workweek for non-sworn employees working any schedule other than a 9/80 schedule begins on Sunday at 12:00 a.m. and ends on the following Sunday at 12:00 a.m. 13.3 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for sworn employees begins on Sunday at 12:00 a.m. and ends 14 days later at 12:00 a.m. Overtime shall be compensated in the manner prescribed by Article 17 of this Memorandum. 13.4 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours worked in the pay period. For employees who are not covered by the 7(k) exemption contained in Article 13.3 of the Memorandum, hours worked in excess of 40 in a workweek will be compensated in accordance with Article 1 7 of the Memorandum. 13.5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In general, unit members assigned to patrol and dispatch shall work a 3/12 schedule. 13.6 Unit members assigned to motors shall be provided one hour of paid leave (at straight time) each regularly scheduled work day for care and maintenance of the motor. 13.7 Unit members assigned as canine handlers shall work a weekly 3/12+4 schedule consisting of three work days of twelve consecutive work hours plus one additional shift consisting of 4 consecutive work hours per week. Unit members assigned as canine handlers shall also be paid 4 hours of overtime each work week for care and maintenance of the canine. 10 Sept. 10, 2019 Item #1 Page 99 of 141 13.8 Deployments shall be six months in length and shifts shall be bid one month in advance according to seniority. 13.9 Patrol employees (police officers assigned to patrol, canine, traffic, community policing and community service officers assigned to patrol and traffic) will be given two (2) fifteen-minute rest periods and one (1) half-hour lunch break each workday without loss of pay. 13 .10 Communications Operators/Supervisors -The Police Communication Center is a fluid and ever changing environment and flexibility is paramount to efficient operations. To achieve effective operations and meet changing needs in activity and staffing levels, communication operators/supervisors are expected to remain flexible in their schedule in regard to rest periods and meal breaks. The following break policy for communication operators/supervisors is intended to balance the need for employee break time and the need for operational flexibility. During the life of this agreement and to the extent this agreement complies with state law, the provisions of (a) and (b) below shall be in effect: (a) Breaks -Communications operators/supervisors are entitled to two (2) 15 minute rest periods and one (1) 30 minute lunch break each workday without loss of pay. Due to the unique needs of a 911 center, there may be times when communications operators/supervisors will have to adjust break times or work through their breaks. At an employee's request and with supervisor approval, the break periods may be combined into a one (1) hour compensated break. (b) Availability-Communications operators/supervisors are expected to be available to resume their duties during their break time and, therefore, are compensated for their breaks. When staffing and activity levels permit, communication operators/supervisors are allowed to leave the premises. When on a break communications operators/supervisors are subject to recall via cell phone, pager, and/or police radio and will remain within a fifteen (15) minute recall response to the Communications Center. Activities that may interfere with a communications operator/supervisor's ability to return to the Communications Center within 15 minutes should not be conducted during break time but should be accommodated with other leave time such as comp. time or vacation time. ARTICLE 14. COURT AND HEARINGS 14.1 Compensation: Off duty personnel who appear in court or at a hearing pursuant to an official request from a legally constituted body regarding matters arising out of, or associated with, their employment shall be compensated at a minimum of four (4) hours per day calculated at time and one-half the employee's regular rate of pay. Actual time spent in court over the four (4) hour minimum on the same day is compensable at time and one-half the employee's regular rate of pay. 14.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing appearance is contiguous with the commencement or end of the employee's regularly 11 Sept. 10, 2019 Item #1 Page 100 of 141 scheduled work shift. In that situation, the employee shall receive overtime compensation at the following rate. Any subpoena received with an appearance time of two (2) hours prior to the commencement of the employee's work shift will receive two (2) hours compensation at the overtime pay rate. Any subpoena received with an appearance time of one (1) hour prior to the commencement of the employee's work shift will receive one (1) hour compensation at the overtime pay rate. Officers who receive subpoenas for separate cases on the same day that overlap minimum hour designations are entitled to contiguous time as opposed to separate three/four hour mmrmums. 14.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held over during the normal lunch break for further appearance after lunch, they shall be entitled to credit for the lunch break as time worked. 14.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee transportation. Mileage expenses will not be paid for appearances in court or at a hearing when the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for mileage expenses to and from the court or hearing location, or the round trip distance between the court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this policy. 14.5 Phone Testimony: When off duty personnel provide court or hearing testimony via telephone, the employee shall be compensated for the actual time of the telephone testimony or a minimum of one (1) hour, which ever is greater, at time and one-half the employee's regular rate of pay. 14.6 District Attorney Conversation: When off duty personnel receive calls from District Attorney personnel regarding criminal cases, employees will receive no compensation for conversations lasting less than 10 minutes. Employees will receive compensation at time and one-half the employee's rate of pay for the actual time of the conversation or a minimum of one (1) hour, whichever is greater, for conversations lasting 10 minutes or longer. Employees receiving multiple calls within the same one hour period shall only receive one hour compensation. ARTICLE 15. SICK LEAVE/BEREAVEMENT LEAVE 12 Sept. 10, 2019 Item #1 Page 101 of 141 For the purpose of this section, the term "family member" shall be defined in the personnel rules and regulations. Sick leave can be used in 15 minute increments. 15.1 Every CPOA-represented employee will accrue sick leave on a daily basis at the rate of sixteen (16) minutes for each continuous calendar day of service. 15.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out when an employee's employment with the city ends. 15.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the employee's own or a family member's medical, dental, or optometry appointments. In addition, in the event of the death of an employee's family member, the employee may take up to three (3) shifts of paid time off for bereavement. The three shifts do not have to be taken consecutively. In extreme circumstances, the Police Chief may allow the employee to take additional time off in the form of sick leave, provided the employee has sick leave available. 15.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death of a family member must notify the employee's supervisor as soon as possible on the first day of the absence. An employee who needs to be absent to attend a medical, dental, or optometry appointment must have the absence approved in advance by the employee's supervisor. 15.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as provided for in this article. 15.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers' compensation, the pregnancy disability provisions of the California Fair Employment and Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the city may require the employee to provide a medical certificate supporting the need for the absence. 15.7 Time off to take a physical examination for induction into or recall to active duty with the Armed Forces will be handled in accordance with applicable state and federal law. 15.8 An employee making a blood donation without charge will be given reasonable time off for that purpose. No charge will be made against the employee's sick leave or vacation when the absence is approved in advance by the employee's supervisor. 15 .9 During the first pay period of each fiscal year, any regular employee who has accrued and maintains a minimum of one hundred sixty (160) hours of sick leave will be permitted to 13 Sept. 10, 2019 Item #1 Page 102 of 141 convert up to one hundred twenty (120) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to convert sick leave to vacation if the conversion would cause the employee to exceed the vacation accrual maximum specified in Article 33 . 15.10 Any regular employee applying for retirement with the Public Employees' Retirement System may convert accrued and unused sick leave to service time at the rate specified in California Government Code section 20965 . 15.11 Nothing in this Article precludes the city from taking appropriate action in the event of abuse of sick leave. ARTICLE 16. ASSOCIATION RIGHTS 16.1 The city recognizes the right of the CPOA to govern its internal affairs. 16.2 The parties to this Memorandum fully support the concept of the Public Safety Officers' Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code. 16.3 Upon the receipt of a written request and authorization from an employee for deduction of CPOA dues and other lawfully permitted deductions, the city shall withhold such dues and deductions from the salary of the employee and remit the withholdings to the CPOA. The city shall continue to withhold such deductions unless the employee files a statement with the city withdrawing authorization for the continued withholding of the deductions. The effective date of withholding, time of remitting withholdings to the CPOA, and all procedural matters shall be determined in accordance with the Rules and Regulations of the city. 16.4 The CPOA shall provide and maintain with the city a current list of the names and all authorized representatives of the CPOA. An authorized representative shall not enter any work location without the consent of the Police Chief or his designee or the City Manager or his designee. The Police Chief or his designee shall have the right to make arrangements for a contact location removed from the work area of the employee. 16.5 The CPOA shall be allowed to designate employee representatives to assist employees in: 16.5.1 16.5.2 16.5.3 Preparing and processing grievances; Preparing and presenting material for Disciplinary Appeals hearings; Preparing and presenting material for any matter for which representation is granted pursuant to the provisions of California Government Code Sections 3300, et seq., known as the Public Safety Officers' Procedure Bill of Rights Act. 16.6 The CPOA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee 14 Sept. 10, 2019 Item #1 Page 103 of 141 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 Personnel Board or City Council hearings 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. 16.7 Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. If a police department manager schedules a work meeting to accomplish police department business and invites employee representatives to that meeting, the employee representatives who attend the meeting will be paid for the time worked. If the meeting occurs outside of the employee's regularly scheduled work shift, the employee shall receive a minimum of two hours of appropriate overtime compensation. 16.8 Designated employee representatives requesting time off under this Article shall direct such request to their immediate supervisors in writing within a reasonable time period to the date requested, in order to assure that the Department meets its staffing needs and to , assure sufficient coverage of departmental assignments. 16.9 The city will continue to furnish bulletin board space in the Police Department for the exclusive use of the CPOA. Material placed on the bulletin boards shall be at the discretion of the CPOA and shall be removed by management only in the event the material is obviously offensive to good taste or defamatory, and shall be removed only on prior notification to a CPOA representative. The CPOA shall be responsible for maintaining bulletin boards exclusively used by the CPOA in an orderly condition and shall promptly remove outdated materials. 16.10 Use of City Facilities 16.10.1 16.10.2 The CPOA may, with the prior approval of the City Manager, be granted the use of the city facilities for off-duty meetings of the Police Department employees, provided space is available. All such requests will be in writing to the City Manager. The CPOA may, with the prior approval of the Police Chief, be granted the use of Police facilities for off-duty meetings of the Police Department employees, provided space is available. All such requests will be in writing to the Police Chief. In the event the Police Chief denies use of Police Department facilities, an appeal can be made to the City Manager. 15 Sept. 10, 2019 Item #1 Page 104 of 141 16.10.3 The use of city equipment other than items normally used in the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such equipment in approved city facilities notwithstanding. ARTICLE 17. OVERTIME Overtime Pay: Each employee covered by this agreement shall be entitled to overtime compensation at the premium rate of one and one-half (1 -1/2) times the employee's regular rate of pay for all time worked, or regarded as having been worked because the employee is on an approved paid leave, in excess of the employee's regularly scheduled work day and/or in excess of forty ( 40) hours per work week for non-sworn employees or eighty (80) hours per fourteen (14) day work period for sworn employees. Effective the pay period that includes January 1, 2015, the The regular rate of pay shall be calculated in conformance with the FLSA. 17.1 Comp. Time Option: Each employee shall have the option (with the exception of "Pay Only Details") of receiving compensatory time off at the premium rate in lieu of cash, subject to a maximum accumulation of one hundred and fifty (150) hours of compensatory time off. While an employee has accumulated the maximum number of hours of compensatory time off, he/she shall receive all overtime compensation in cash until such time as the employee's compensatory time off bank is no longer at the maximum. 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. Required use of overtime to backfill staff shall not be considered to unduly disrupt operations. 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. -1-+.-1-17 .2 Comp. Time Exception: Special details where the city is reimbursed for employees' compensation from an outside entity shall be for pay only. Employees volunteering for such details are not eligible for compensatory time off in lieu of cash. ARTICLE 18. CALL BACK 18 .1 Description: If an employee is required to return to his or her place of employment or other work location directed by the employer at a time that is not part of the employee's 16 Sept. 10, 2019 Item #1 Page 105 of 141 regularly scheduled work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for the actual number of hours worked, subject to the following: 18.2 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or firearms qualification, the employee shall receive a minimum of two hours of appropriate overtime compensation. No travel time is provided for scheduled call backs. 18.3 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee shall receive a minimum of four hours of appropriate overtime compensation. 18.4 Report Call Back Minimum: Employees are encouraged to complete reports prior to scheduled days off. A supervisor must determine if the report can be "pended" until the employee returns to regular scheduled work or if the report needs to be completed prior to that time. The supervisor's approved "pending completion date" will determine the employee's compensation for completing a "pended" report prior to the employee's next regularly scheduled duty as follows: (a) Before Next Duty Day: If an employee "pends" a report needing to be completed before the employee's next scheduled duty day, the employee shall receive a minimum of two hours of appropriate overtime compensation for returning to the station and completing the report. (b) Next Duty Day: If an employee "pends" a report not needing to be completed until the employee's next scheduled duty day and it is later determined by a supervisor the report needs to be completed before the employee's next scheduled duty day, the employee shall receive a minimum of four hours of appropriate overtime compensation for returning to the station and completing the report. Employees called back pursuant to this section are not eligible for travel time. 18.5 Travel Time: Employees \Vho am called back shall receive travel time to and from the call back assignment. Travel time is included as part of the call back minimum compensation or the call back overtime if the call back (travel time plus detail time) exceeds the approved minimum guarantees. The maximum approved travel time is set as follows: (a) Police Depaiiment: If the call back is to the Carlsbad Police Department or other site within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a maximum of one hour round trip. (b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police Department, travel time shall be the actual amount of time required to drive to the call back site and return to employee's residence. The following employees, who are required to return to his or her place of employment or other work location directed by the employer at a time that is not 17 Sept. 10, 2019 Item #1 Page 106 of 141 part of the employee's regularly scheduled work shift, are eligible for travel time: (l) Employees who are called back for immediate service; (2) employees who are in a 'stand-by' capacity as defined by Article 11. 18.6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the employee will receive mileage reimbursement for expenses to and from the directed site or the round trip distance between the directed site and the Carlsbad Police Department, whichever is less. 18.7 Contiguous Time: These minimums shall not apply to situations where the call back is contiguous with the commencement or end of the employee's regularly scheduled work shift. In that situation, the employee shall receive applicable overtime compensation for all time actually worked beyond the regularly scheduled work shift. ARTICLE 19. SENIORITY 19 .1 The seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the number of calendar months of continuous service in the Carlsbad Police Department in that rank. An employee promoted to a higher rank and later demoted back to the original rank shall have seniority calculated for all time of continuous service in the higher rank and the original rank combined. 19 .2 If an employee voluntarily leaves the city's employ or is dismissed for cause, the employee will lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead, if an employee is reemployed, seniority will be based on the reemployment date. 19.3 An employee laid off after completing probation and acquiring regular status will, after reinstatement, regain the seniority credit the employee possessed at the time of layoff, provided the reinstatement occurs within twenty-four (24) months of the layoff. 19 .4 Refer to Article 31.3 for information re: the impact of a leave of absence on seniority. ARTICLE 20. LEGAL REPRESENTATION 20.1 Upon request of an employee and subject to any legal limitations, the city will provide for the defense of the employee in any civil action or proceeding initiated against the employee by a person or entity other than the city because of an act or omission occurring within the course and scope of the employee's employment. 20.2 Nothing in this Memorandum requires the city to provide for the defense of an employee where: (a) the city has the discretion under the California Government Code not to 18 Sept. 10, 2019 Item #1 Page 107 of 141 provide for a defense; (b) the act or omission was not within the course and scope of the employee's employment; (c) the act or omission was the result of the employee's actual fraud, corruption, or malice; or ( d) providing for the defense would create a specific conflict of interest between the city and the employee within the meaning of California Government Code section 995.2. 20.3 Nothing in this Memorandum is intended to give an employee more rights or privileges than those contained in the California Government Code. ARTICLE 21. PEACEFUL PERFORMANCE OF CITY SERVICES 21.1 During the term of the Memorandum, the CPOA, its representatives, or members shall not engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against the City of Carlsbad. 21.2 During the term of the Memorandum, the city will not instigate a lockout over a dispute with the employees. 21.3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment. ARTICLE 22. DISCIPLINE OF AN EMPLOYEE 22.1 The city may only discipline regular employees for just cause. In the case of disciplinary action involving suspension, demotion or discharge, the employee shall be given notice of the action to be taken, the evidence or materials upon which the action is based, and an opportunity to respond to the Police Chief either orally or in writing, provided the employee requests the opportunity within seven (7) calendar days of the notice of the action. The above process will occur prior to the imposition of the discipline. 22.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right. Hearing Officer. The employee or employee organization and the city will attempt to develop a permanent list of five (5) mutually acceptable hearing officers. If a mutually acceptable list cannot be developed, the parties agree that the advisory hearing will be conducted before a hearing officer selected by the parties from a list provided by the California State Mediation and Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a strikeout procedure using a list of seven names provided by the California State Mediation and Conciliation Service. The appellant will have the prerogative of striking the first name. 19 Sept. 10, 2019 Item #1 Page 108 of 141 The city will bear all administrative costs associated with an appeal of discipline and the subsequent hearing including the hearing officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation of documents. 22.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the period of time, from one to four years, that the discipline will remain in the affected employee's personnel records, unless a longer period is required by law. At the end of the designated period of time, the disciplinary action shall be removed from the employee's personnel file. It is the responsibility of the employee to initiate a request for removal of disciplinary action from the employee's personnel file. The only permitted use of the removed disciplinary action shall be in a later disciplinary proceeding where there is an allegation of similar or cumulative activity or misconduct. 22.4 Nothing in this Memorandum shall be construed to require "cause" or "just cause" for the rejection of a probationary employee prior to the expiration of the probationary period. A probationary employee rejected during the probationary period shall not be entitled to appeal such rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection with the Police Chief. 22.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to appeal to the Hearing Officer any disciplinary action, interpretation or alleged violation of the Personnel Ordinance or Personnel Rules; except in instances where the right of appeal is specifically prohibited by the Personnel Ordinance or Personnel Rules, or this Article. 22.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the Human Resources Director, who shall, within ten (10) calendar days after receipt of the appeal, inform the Hearing Officer of the action desired by the appellant and the reasons why. The formality of a legal pleading is not required. 22.7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days from the date of filing, unless the parties mutually agree to a later hearing date. The Human Resources Director shall notify all interested parties of the date, time, and place of the hearing. 22.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the Hearing Officer at the time and place of the hearing. The appellant may be represented at the hearing by any person or attorney the appellant selects and may produce any relevant oral or documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of witnesses shall be permitted. The conduct 20 Sept. 10, 2019 Item #1 Page 109 of 141 and decorum of the hearing shall be under the control of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings will be closed unless at least four (4) business days prior to the hearing the appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing officer will make a recommendation. If either party disagrees with the Hearing Officer's recommendation, that party may request, within ten (10) calendar days, to present their case to the City Council before the City Council renders a final decision. 22.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and to the appellant. The City Council shall review the findings and recommendations of the Hearing Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems warranted, and the action taken shall be final. The Hearing Officer may submit a minority or supplemental finding and recommendation. In the case of suspension, discharge or demotion, the appointing power shall reinstate an employee to the employee's former status if the City Council determines that the action was for discriminatory reasons. 22.10 Disiplinary appeal hearing. During any disciplinary appeal hearing, either party may file a written motion with the City Clerk for the City of Carlsbad seeking authorization from the City Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing officer. The motion for authorization shall be heard in closed session, unless waived by the appellant. Either party's representative may make a statement to the City Council on the issue of whether authorization to seek a writ is justified. During this hearing on the motion for authorization to pursue a writ, neither party may discuss the merits or the factual basis of the underlying administrative hearing with the City Council. The parties should limit their discussion as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing the discipline shall not be required to seek authorization from the City Council in order to pursue an interlocutory writ in court as to those issues in which the court has initial jurisdiction, including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of Rights Act. ARTICLE 23. PROBATIONARY PERIOD 23.1 For sworn personnel, the initial hire probationary period shall be one year from the date the employee is sworn as an officer. For non-sworn personnel, the initial hire probationary period shall be one year from the date of hire. The probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and the fitness of the employee to the assigned work. The employee will find this period helpful in evaluation of the city, his/her duties, his/her work and other satisfaction. 21 Sept. 10, 2019 Item #1 Page 110 of 141 23 .2 Refer to Article 31.3 for information re: the impact of a leave of absence on the probationary period. 23.3 All personnel promoted within the Department shall be on probation in the promotional position for a period of one year from the date of promotion. ARTICLE 24. RETIREMENT BENEFITS 24.1 The city has contracted with CalPERS for the following retirement benefits: Safety "Classic" Members (those that do not qualify as "New Members" as defined below) • Employees entering City of Carlsbad safety CalPERS membership for the first time prior to October 4, 2010 -The retirement formula shall be 3%@ 50; single highest year final compensation. • Employees entering City of Carlsbad safety CalPERS membership for the first time on or after October 4, 2010 -The retirement formula shall be 2%@ 50; three year average final compensation. 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 of2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits: • Safety-The retirement formula shall be 2.7%@ 57; three year average final compensation. • Miscellaneous -The retirement formula shall be 2% @ 62; three year average final compensation. 24.2. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: 22 Sept. 10, 2019 Item #1 Page 111 of 141 • Safety employees subject to the 3%@ 50 and 2%@ 50 benefit formula shall pay all of the employee retirement contribution (9% ). • Safety employees who meet the definition of "New Member" under PEPRA shall pay the required PEPRA member contribution rate as established by CalPERSene- half of the normal cost rate associated vrith their benefit plan. • 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 the required PEPRA member contribution rate as established by CalPERSone half of the normal cost rate associated with their benefit plan. 24.3. If the Employer Paid Member Contributions (EPMC) ever is greater than zero, the city will report the value of the EPMC as additional (special) compensation to CalPERS for all CPOA represented employees designated as "classic members." ARTICLE 25 FLEXIBLE BENEFITS PROGRAM 25.1 Employees represented by the CPOA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, AD&D insurance and flexible spending accounts (FSAs). Each of these components is outlined below. 25.2 Benefits Credits and Medical Insurance: During the entire term ofthis agreement, represented employees will be covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The city will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section 25.5 of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees' Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered. Effective the first full pay period after ratification ofthis MOU, theThe eity-city shall contribute the folloviing monthly amounts ( called "Benefits Credits") on behalf of each active employee and eligible dependents toward the payment of B medical premiums under the CalPERS Health Program, 2) contributions in the name of the employee to the city's flexible spending account(s), or 3) contributions of some or all of the premium for city sponsored dental, vision or accidental death and dismemberment (AD&D) insurance coverage. The city contribution shall be based on the employee's medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city's total contributions, the employee will pay the difference. Waiver Provision: CPOA-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 23 Sept. 10, 2019 Item #1 Page 112 of 141 program. The benefits credits associated with waiving medical coverage will be set equal to 50% of the benefit credits associated with Employee Only medical coverage level. 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. Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any "excess credits" to purchase city-sponsored dental insurance, vision insurance, accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and reported as taxable income. (a) (b) (c) For employees with "employee only" coverage, the city shall continue to contribute five hundred eighty three ($583) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City's total contributions, the employee vrill pay the difference. For employees with "employee plus one dependent" coverage, the city shall contribute one thousand eighty nine ($1,089) per month (increased from $1,028 per month) that shall include the mandatory payments to CalPERS. If the actual total premiums e)cceed the City's total contributions, the employee will pay the difference. For employees v.7ith "employee plus two or more dependents" coverage, the city shall contribute one thousand four hundred tv.'enty eight ($1,428) per month (increased from $1,348 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. The Benefits Credits for calendar year 2019 shall increase as shown in the table below. To provide CPOA represented employees with the value of the increase in 2019 Benefits Credits, with the payroll for the first full pay period after ratification of this Memorandum by the City Council, the city shall make a one-time taxable (non- PERSable) cash payment equal to the increase in benefits credits for CPOA members employed by the city on that date. The increase in Benefits Credits shall be given to each employee based on the employee's medical coverage level in the pay period in which the cash amount is paid and pro-rated based on the employee's benefit-eligibility date (i.e., the date they became eligible for city benefits). Employees hired during subsequent pay periods in calendar year 2019 shall receive a cash payment for this increase in Benefits Credits in the pay period in which they become benefit-eligible. 24 Sept. 10, 2019 Item #1 Page 113 of 141 Medical Prior Monthly 2019 Monthly Monthly Coverage Level Benefits Credits Benefits Credits Increase Emolovee $573.00 $577.00 $4.00 Emolovee + 1 $1.146.00 $1,158.00 $12.00 Family $1,502.00 $1,528.00 $26.00 Waive Medical $286.50 $416.68 $130.18 Effective the pay periods that include 1/1/2017 and 1/1/2018 1/1/2020, 1/1/2021 and 12/31/2021 the city monthly benefit credits associated with each medical coverage level will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. If the actual total premiums exceed the city's total contributions, the employee will pay the difference. UHttsed Bellefits C¥edits as eutlilled abeve 1.viH be paid te the empleyee ill cash Ulld rn13e1'ied as taxable irn~eme. If the amettllt eellkibttted by the city (Bellefits C¥edits) exceeds the eest efthe medical msmallee pmehased by the empleyee, the empleyee will have the epti©li ef usillg filly "excess credits" te pttrehase city speHS€J¥ed derual illstt¥Ullee, visiell illsmallee, aeeiderual death aH.d dismernberrneru (AD&D) iHsmaRee €J¥ te C€JH.t¥ibttte te a healthea¥e ©¥ depeHdeHt care flexible speHdiHg aeeeuru (FfsA). 25.3 Dental Insurance CPOA employees may choose to enroll in or opt out of the city-sponsored dental insurance plan at any coverage level. 25 .4 Vision Insurance CPOA employees may choose to enroll in or opt out of the city-sponsored vision insurance plan at any coverage level. 25 . 5 Retirees Each retired employee who was a member of this bargaining unit is covered by the Public Employees' Medical and Hospital Care Act and is eligible to participate in the California Public Employees' Retirement System (CalPERS) Health Program. Represented employees who retire from the city, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The city will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS Health Program. Direct authorization may be established for automatic deduction of payments for health insurance administered by CalPERS. 25 Sept. 10, 2019 Item #1 Page 114 of 141 Employees who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city's dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose coverage upon retirement, or who chooses coverage and later drops it is not eligible to return to the city's dental and vision insurance programs. The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. 25 .6 Waiver Provision CPOA represented employees v1ho 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 first full pay period after ratification of this MOU, employees v,rho elect this provision 'Nill continue to be given a reduced city contribution amount (Benefits Credits) of t\vo hundred ninety one dollars and fifty cents ($291.50) per month to be used toward the purchase of city sponsored dental insurance, city sponsored vision insurance, accidental death and dismemberment (f,D&D) insurance or as a contribution to a flexible spending account or in cash and reported as tmmble income. The city contribution amount of two hundred ninety one dollars and fifty cents ($291.50) per month v.,rill be granted to any employee who elects to 'Naive the CalPERS Health Program, regardless of the employee's level of coverage (employee only, employee plus one dependent, employee plus two or more dependents). Effective the pay periods that include 1/1/2017 and 1/1/2018 the benefit credits associated with ·.vaiving medical coverage will be set equal to 50% of the benefit credits associated 1vvith Employee Only medical coverage level. ARTICLE 26. UNIFORM REIMBURSEMENT Effective upon the first day of the first full pay period following City Council approval of this agreement, reimbursement to represented employees for the cost of purchasing and maintenance of required uniforms shall be $26.92$34.62 per pay period. (Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members). ARTICLE 27. EDUCATIONAL INCENTIVE 27.1 Educational Incentive Compensation. Effective between January 1, 2019 and until the first day of the pay period following ratification of this MOU by the City Council: &ep--Level 1: Applicable to all employees in the bargaining unit represented by the CPOA. 26 Sept. 10, 2019 Item #1 Page 115 of 141 (a) A sworn employee or employee in the communications series of classifications that presents evidence of the award of a Basic certificate issued by the State of California Commission on Peace Officer Standards and Training shall be compensated at the rate of sixty-two dollars ($62) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. (b) Other non-sworn employees, upon successful completion of the required probationary period, a minimum of one-year of service with the City of Carlsbad and possession of a high school diploma or GED, shall be compensated at the rate of sixty-two dollars ($62) biweekly. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. &tep-Level 2: Applicable to all employees in the bargaining unit represented by the CPOA. (a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of the following: Evidence of the award of an Intermediate certificate issued by the State of California Commission on Peace Officer Standards and Training, or evidence of a Baccalaureate degree and at least two (2) years experience with a police agency, or evidence of an Associate degree and at least four ( 4) years experience with a police agency. The work experience shall be within the same job description as the employee's current work assignment, (i.e. peace officer, communicator, community service officer). (b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated at the rate of one hundred fifty-two dollars ($152) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. &tep-Level 3: Applicable to all employees in the bargaining unit represented by the CPOA. (a) Requirement: Present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of the following: Evidence of the award of an Advanced certificate issued by the State of California Commission on Peace Officer Standards and Training, or evidence of a Masters degree and at least four ( 4) years experience with a police agency, or evidence of 27 Sept. 10, 2019 Item #1 Page 116 of 141 a Baccalaureate degree and at least six (6) years experience with a police agency, or evidence of an Associate degree and afleast nine (9) years experience with a police agency. The work experience shall be within the same job description as the employee's current work assignment, (i.e. peace officer, communicator, community service officer). (b) Compensation: Satisfactory fulfillment of the above requirements shall be compensated at the rate of two hundred eighteen dollars ($218) biweekly. Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. Effective the first day of the first full pay period after ratification of this MOU, eligibility for education incentive is as follows : For employees who are eligible to obtain a certificate issued by the State of California Commission on Peace Officer Standards and Training (POST)· Level Eligibility Reguirements Incentive Pay Amount 1 POST Basic Certificate $62 biweekly 2 POST Intermediate Certificate $152 biweekly 3 POST Advanced Certificate $218 biweekly For employees who are not eligible to obtain a certificate issued by the State of California Commission on Peace Officer Standards and Training (POST)· Level Eligibility Reguirements Incentive Pay Amount 1 High School diploma or GED $62 biweekly z Associate degree $152 biweekly 1 Baccalaureate degree $218 biweekly Eligibility for receiving the compensation will be based upon the date the employee provides evidence of eligibility to the Professional Standards Division Sergeant, Carlsbad Police Department. It is the sole responsibility of the employee to make notification of eligibility for the education incentive pay. 27.J-2 An employee that meets the criteria for compensation under more than one 5rej3level, above, shall receive compensation for only the highest such stejrlevel for which he or she qualifies. 28 Sept. 10, 2019 Item #1 Page 117 of 141 ARTICLE 28. FIELD TRAINING OFFICER Effective upon the first day of the first full pay period after ratification of this MOU, !"field training officers or civilian personnel who are assigned to train co-workers shall be compensated at the rate of $±-0$40 for each work shift the employee is engaged in the training function. The selection of field training officers or civilian personnel who are assigned to train co-workers shall be at the sole discretion of the Police Chief. ARTICLE 29. VEHICLES FOR INVESTIGATIONS Each represented employee who is working in the assignment of detective shall be assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift; provided, however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles and does not extend to any detectives assigned in addition to the number assigned as of the date of this Memorandum. ARTICLE 30. LONG TERM DISABILITY During the term of this Memorandum, city agrees to continue to provide long term disability insurance. The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other respects, the insurance shall continue unchanged. ARTICLE 31. LEA VE OF ABSENCE 31.1 Occupational Injuries or Illnesses 31.1.1 A sworn employee who is temporarily unable to work due to an occupational illness or injury will receive full pay for up to one year as provided in Section 4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850 benefits concurrently with sick leave or any other form of paid time off. If the employee continues to be unable to work after the employee's 4850 benefits have been exhausted and the employee has not been retired, the employee will receive workers' compensation temporary disability payments as provided in the Labor Code. To the extent these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time-to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. A sworn employee shall not use accrued sick leave after the city approves the employee's Industrial Disability Retirement (IDR). The employee who is approved for an IDR may choose to cash out up to 50% of their 29 Sept. 10, 2019 Item #1 Page 118 of 141 sick leave balance upon separation of employment. The remaining sick leave balance shall be converted to CalPERS service credit. 31.1.2 A non-sworn employee who is temporarily unable to work due to an occupational illness or injury will receive full pay for the first forty-five ( 45) calendar days. If the employee continues to be temporarily unable to work after forty-five (45) calendar days, the employee will receive workers' compensation temporary disability payments as provided in the Labor Code. To the extent that these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/ or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 31.2 Non-Occupational Injuries or Illnesses 31.2.1 An employee who is temporarily unable to work due to a non- occupational illness or injury will receive those disability benefit payments for which the employee is eligible and applies. To the extent that these benefits are less than the employee's full regular pay, the employee shall supplement them by using accrued sick leave, vacation, and/or compensatory time to reach the amount equal to the employee's full regular pay until the employee's leave balances reach zero, at which time the employee would commence an unpaid leave of absence. 31.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same manner as leaves of absence for non-occupational illnesses or injuries, subject to the pregnancy disability provisions of the California Fair Employment and Housing Act. 31.3 Extended Leave of Absence Upon completion of either 84 consecutive calendar days (12 weeks) ofleave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) or completion of a leave of absence related to Section 4850 of the Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed below: 1. accrual of sick leave and vacation, 2. holiday pay and .1._cell phone allowance and ~4.shift differential pay 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 salary anniversary date, vacation anniversary date and seniority will be adjusted for each 30 Sept. 10, 2019 Item #1 Page 119 of 141 calendar day the leave of absence lasted beyond either 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. During or immediately following a leave of absence, if an employee returns to work for fewer than 14 calendar days before subsequently going back on a 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), the second leave of absence shall be considered a continuation of the first leave of absence. 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 and salary anniversary date 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. 31.4 To the extent permitted by law, a leave of absence under this article will run concurrently with any leave of absence an employee is entitled to receive under the California Family Rights Act or the federal Family and Medical Leave Act. ARTICLE 32. DISABILITY RETIREMENT An employee's eligibility for disability retirement will be determined in accordance with the standards and procedures contained in California Government Code sections 20000 et seq. ARTICLE 33. VACATION Vacation leave can be used in 15 minute increments. 3 3 .1 Effective upon ~the first day of the first full pay period following ratification of this MOU, all eligible CPOA-represented employees shall be entitled to accrue vacation on a daily basis according to the number of continuous full years of employment based on the following vacation accrual schedule: Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service --1--J-l±_minutes/day Beginning the sixth ( 6th) year of continuous employment through the completion of ten (10) full calendar years of continuous service -:2-0---21..minutes/day Beginning the eleventh (11 th) year of continuous employment through the completion of eleven (11 )fifteen (15) full calendar years of continuous service -2+ 26 minutes/day 31 Sept. 10, 2019 Item #1 Page 120 of 141 Beginning the twelfth ( 12th) year of continuous employment through the completion of tv1elve ( 12) full calendar years of continuous service 22 minutes/day Beginning the thirteenth (13th) year of continuous employment through the completion of thirteen (13) full calendar years of continuous service 24 minutes/day Beginning the fourteenth (14 th) year of continuous employment through the completion of fifteen ( 15) full calendar years of continuous service 25 minutes/day Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 2-6-TI_minutes/day for every full calendar year of continuous employment thereafter. Employees will not be entitled to take vacation until they have been employed v1ith the city for six (6) full months. 3 3 .2 Vacation Accrual Maximum Effective upon the first day of the first full pay period following ratification of this MOU Ne-no employee will be allowed to accrue vacation hours in excess of the three-four hundred and tv1enty eighty (~480) hour maximum. The Police Chief will encourage the taking of accrued vacation leave. Although employees are responsible for actively managing their leave balances, the Police Chief will not unreasonably deny requests for vacation time off. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Police Chief and the City Manager. The Police Chief and the City Manager may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. 33.3 Vacation Conversion Once each January, employees will be allowed to voluntarily convert up to one hundred sixty (160) hours of accrued vacation to cash, provided they have used at least eighty (80) hours of vacation during the pay periods that fall within the prior calendar year. 33.4 Compensation for City Work During Vacation Occasionally employees on vacation leave are needed for work assignments. Employees returning to work during vacation lea':_e will be compensated as follows: 32 Sept. 10, 2019 Item #1 Page 121 of 141 (a) Court --Mandated court appearances during the time of an employee's paid vacation leave from city service will be compensated at time and one half the employee's regular rate of pay, with a minimum of four (4) hours. (b) Duty Time -Employees returning to their regularly scheduled work time while on vacation leave shall be paid their applicable regular rate of pay and not be charged the corresponding vacation time. (c) Non-Duty Time -Employees returning to work at a time other than their regularly scheduled work time while on vacation leave shall be paid at time and one half the employee's regular rate of pay. ( d) Recall -This clause shall not limit the city's right to recall an employee from vacation in the event of an emergency. 33.5 Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by the Police Chief that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide forty-eight ( 48) hours 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. 33.6 Terminal Vacation Pay The dollar value of an employee's accrued vacation balance as of the employee's last day on payroll shall be paid to the employee upon separation of employment at the employee's base rate of pay at separation. ARTICLE 34. HOLIDAYS 34.1 The city agrees to observe eleven (11) scheduled paid holidays per year. The holiday schedule shall not interfere with, influence, or otherwise change the scheduling of shift employees by the department. Effective the first day of the first full pay period after ratification of this MOU employees will accrue I floating holiday. Subsequently, employees will accrue I floating holiday each year on July 1st. The floating holiday must be used in full day increments. There is no partial day use of a floating holiday. The floating holiday will be treated in the same manner as the other 11 holidays except that unused floating holidays will not carry over to the next fiscal year and will not be paid out upon separation of employment. 34.2 The holiday schedule for the term of this agreement is as follows: 33 Sept. 10, 2019 Item #1 Page 122 of 141 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 34.3 Employees who work a 5/8 schedule will be paid eight (8) hours of straight time for each holiday. Employees who work a 9/80 schedule will be paid nine (9) hours of straight time for each holiday. Employees who work a 4/10 schedule will be paid ten (10) hours of straight time for each holiday. Employees who work a 3/12 schedule will be paid twelve (12) hours of straight time for each holiday. 34.4 Employees will be compensated in cash or compensatory time off (CTO) for holidays in the pay period in which they occur. Employees scheduled to work on a holiday who desire the day off will utilize vacation or CTO. For purposes of this section, a shift trade will be considered part of an employee's regularly scheduled work shift. ARTICLE 35. SALARY/ANNIVERSARY DATE ON PROMOTION 35.1 Any Police Officer or Police Corporal promoted to the rank of Police Sergeant will be compensated at a minimum of five percent ( 5%) above the top step of Corporal. 35.2 Any Communications Operator I or II promoted to the position of Communications Supervisor will have their compensation adjusted a minimum of five percent (5%) above the top step of Communications Operator IL 35.3 A police employee serving in Salary Step 5 will be eligible upon promotion for subsequent salary step increases in a higher range on the annual anniversary of the date of promotion. When a police employee is promoted from Step 1, 2, 3, or 4, that employee will retain the anniversary date that was in effect in the salary range from which the employee was promoted. ARTICLE 36. ALCOHOL AND DRUG POLICY I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free 34 Sept. 10, 2019 Item #1 Page 123 of 141 Workplace Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). Testing shall be conducted in a manner to ensure a high degree of accuracy and reliability using techniques, equipment, and laboratory facilities, which have been approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Health and Human Services (DHHS). Collection, chain of custody, and testing procedures shall be conducted in accordance with FT A/DOT regulations, 49 C.F.R. Parts 40 and 655. This policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.). This policy is intended to accomplish that objective. A. Definitions -As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. "Workplace" means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city-assigned work is being conducted, or within a reasonable time thereafter. 3. "Reasonable suspicion" means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. 4. "Medical Review Officer (MR◊)" is responsible for receiving laboratory confirmed urine drug test results; determining whether there is a legitimate medical explanation for a laboratory-confirmed positive, adulterated, or substituted result; and reviewing and reporting a verified result to the employer in a timely and confidential manner. 5. "CCF" refers to the federal drug testing Custody and Control Form. This form will be completed for all urine specimen collections and requires the employee's signature each time a specimen is collected. 6. "Urine Collector" is responsible for collecting urine specimens using 49 C.F.R. Part 40 procedures; shipping the specimens to certified laboratories for analysis; and distributing copies of the CCF to the laboratory, MRO, employer, and employee in a timely and confidential manner. 7. "Breath Alcohol Technician (BAT)" is responsible for conducting alcohol screening and confirmation tests by collecting and analyzing breath 35 Sept. 10, 2019 Item #1 Page 124 of 141 specimens using an approved screening device and an evidential breath testing (EBT) device; documenting the results of the test; and transmitting the results to the employer in a timely and confidential manner. 8. Third Party Administrator: A service agent who coordinates a variety of drug and alcohol testing services for employers. These services can include random selections; and coordinating urine collections, laboratory testing, MRO services, alcohol testing, and SAP evaluations. The TP A is responsible for ensuring that its service agents are qualified. B. Employee Responsibilities 1. As a condition of employment, employees shall: a. not engage in the unlawful manufacture, distribution, dispensation, possession or use of alcohol or drugs nor be under the influence of alcohol or drugs in the workplace or while on- call; b. submit to an alcohol and drug analysis and remain on the premises when requested to do so by city management, acting pursuant to this policy, or by law enforcement personnel; c. notify the city of any conviction under a criminal drug statute (including any pleas of nolo contendere ), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription ( over-the-counter medications), which interfere with safe or effective performance of their duties or operation of city equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty 36 Sept. 10, 2019 Item #1 Page 125 of 141 involvement and the employee's employment with the city, consistent with the legal requirements for disciplinary due process. C. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. B. Pre-employment Drug and Alcohol Analysis 1. Upon receiving a conditional offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment. 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 wor~place 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 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. 37 Sept. 10, 2019 Item #1 Page 126 of 141 C. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving city property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs. 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by city management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city. Random Selection Testing All sworn employees in the Vice Narcotics Unit of the Carlsbad Police Department, with the classifications of Police Officer, Police Corporal, and Police Sergeant shall be subject to random substance abuse tests- throughout the fiscal year. This includes detectives assigned to the narcotics taskforce and the gang taskforce. The ongoing testing will be 38 Sept. 10, 2019 Item #1 Page 127 of 141 conducted on an unannounced basis. Employees will have an equal chance of being selected and tested in each selection period. The names of all eligible employees will be placed in a pool, with the selection of employees made by a scientifically valid method via the Third Party Administrator of the program. Once an employee's name is pulled for testing, his or her name will be returned to the pool. _ Any CPOA-represented employee who operates the Public Safety Command Post vehicle shall be subject to random substance abuse tests. Refer to Administrative Order No. 64 for more information re: the drug and alcohol testing policy for employees in safety sensitive positions. Random testing will be performed as follows: • Drugs -Fifty percent (50%) of the total number of covered employees shall be tested annually. • Alcohol-Twenty five percent (25%) of the total number of covered employees shall be tested annually. 1. Employee Notices When an employee has been randomly selected, the employee will be discreetly notified of his or her test in a Testing Notice. The supervisor will document the date and time the Testing Notice is delivered and then the employee will be required to sign the Testing Notice, which also acknowledges that the employee being tested has been advised of the drug and alcohol testing policy. Additionally, the employee will be asked by the Urine Collector or BAT to complete the necessary form(s), either the CCF or ATF or both, for the test(s) to be conducted and analyzed. 2. Testing for Prohibited Drugs A Urine Collector will collect a urine specimen to be analyzed by a certified laboratory for the presence of drugs prohibited under this policy. An employee must void 45 mL of urine all at once for an accurate collection. At the collection site, the Urine Collector will divide the specimen into two samples: 30 mL of which will be labeled as the primary sample (Bottle A) and 15 mL labeled as the split sample (Bottle B). The urine samples will be sent under seal, with required custody and control forms, to a laboratory approved by SAMHSA. An initial drug screen will be conducted on each primary sample. If the initial drug screen does not yield a negative test result, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be considered positive if the amounts present are above the minimum thresholds established in DOT regulations, as amended. If the result of the primary sample is not negative, the split sample as well as the primary sample will 39 Sept. 10, 2019 Item #1 Page 128 of 141 be retained in frozen storage for at least 1 year from the date the laboratory receives it. 3. Medical Review Officer All drug test results shall be interpreted and evaluated by a qualified MRO, who shall meet the requirements set forth in DOT regulations. The MRO shall not convey test results to the city until the MRO has determined that the test result was positive or negative, or should be cancelled. When the MRO reports the result of the verified positive test, the MRO may disclose the drug(s) for which there was a positive result. The MRO may only reveal the levels of a positive drug test result to the City of Carlsbad, the employee, or the decision maker in a lawsuit, grievance or other proceeding initiated by the employee and arising from a verified positive result, or as otherwise required by law. If the MRO declares a drug test to be invalid for any reason, the test is considered canceled, and neither positive nor negative. However, a re- collection under direct observation may be ordered by the MRO. 4. Split Specimen Testing Any employee who questions the results of his/her required drug test under this policy may, within 72 hours of having been notified of a verified positive test by the MRO, request that an additional test be conducted on the split sample (Bottle B) of the original specimen that was voided. This test will be conducted at a different DHHS certified laboratory, selected by the employee. The test must be conducted on the split sample that was provided at the same time as the original sample. If Bottle B also tests positive, then the employee may be subject to disciplinary sanctions, up to and including termination. If the testing of Bottle B produces a negative result, or for any reason Bottle B is not available, the test is considered cancelled and no sanctions are imposed. However, a re-collection under direct observation may be ordered at the MRO's sole discretion. The employee shall bear the responsibility of paying for the testing of the split specimen (Bottle B). 5. Alcohol Testing Alcohol tests will be performed by a certified BAT. If the initial test on an employee using an approved EBT indicates a breath alcohol concentration (BAC) of 0.02 or greater, a second test will be performed no sooner than 15 minutes but no later than 3 0 minutes from the first attempt to confirm the results of the initial test. Employees whose confirmatory test results indicate a BAC of 0.04 or greater may be subject to discipline, up to and including termination. 40 Sept. 10, 2019 Item #1 Page 129 of 141 6. Refusal to Test An employee that refuses to submit to drug or alcohol testing required by the city shall be prohibited from performing or continuing to perform public safety functions and shall be assigned to a light duty assignment or placed on paid administrative leave at the city's discretion. An employee's refusal to submit to drug or alcohol testing required by the city for any reason shall be considered an act of insubordination and may also result in disciplinary action, up to and including termination. Refusal to test shall include the following: a. Failure to appear for any test within a reasonable time, as determined by the employer, consistent with applicable DOT regulations, after being directed to do so by the employer; b. Failure to remain at the testing site until the testing process is complete; c. Failure to provide a urine specimen for any drug test required; d. In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of provision of a specimen; e. Failure to provide a sufficient amount of urine when directed, and it has been determined, through a medical evaluation, that there was not adequate medical explanation for the failure; f. Failure or decline to take an additional drug test the employer or collector has directed you to take; g. Failure to undergo a medical examination or evaluation, as directed bytheMRO; h. Failure to cooperate with any part of the testing process; 1. For an observed collection, failure to follow the observer's instructions; J. Possession or wearing of a prosthetic or other device that could be used to interfere with the collection process; or k. Admit to the collector or MRO that you adulterated or substituted the specimen. The above refusals to test shall incorporate any future amendments to DOT Regulation 49 CFR Part 40 Section 40.191. 7. Follow-up Covered employees who test positive may be referred to a Substance Abuse Professional (SAP) for assessment. Any covered employee identified by the Substance Abuse Professional as needing assistance and who is not being terminated, will be subject to follow-up testing upon returning to duty. After the SAP has notified the city the employee has 41 Sept. 10, 2019 Item #1 Page 130 of 141 completed the SAP's requirements, which may include treatment and/or education, an eligible employee may return to work. However, the employee shall not perform public safety functions until the city has obtained negative drug test results from the MRO. This test is referred to as the "Return to Duty" test in the DOT regulations. Both Return to Duty and Follow-Up Tests shall be under direct observation. The Follow-Up Tests shall appear in a testing plan. The testing plan will be developed by the SAP and will include the number of tests required over a specified duration. The city has no discretion to alter the SAP's testing plan and the employee shall not have the right to obtain a copy of the testing plan. A minimum of six unannounced tests will be performed over the twelve month period following the employee's return to duty. Follow-up testing may be performed for up to 60 months following return- to-duty. Such testing shall be separate from participation in the random testing selection procedures. Follow-up testing may include tests for other substances beyond the employee's initial positive test of drug and/or alcohol use when the SAP has reason to believe that additional testing is warranted. If an employee is referred to a substance abuse program, payment for the program is the responsibility of the employee. 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. 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 37. EMPLOYER SEARCHES For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the right to search, with or without prior notice to the employee, all work areas and property in which the city maintains full or joint control with the employee, including, without limitation, city vehicles, desks, lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context even if the employee has placed personal items in them. 42 Sept. 10, 2019 Item #1 Page 131 of 141 Employees are cautioned against storing personal belongings in work areas and property under full or joint city control since such work areas may be subject to investigation or search under this article. Employer searches may occur when there is a reasonable suspicion that the employee has violated a city or department policy, directive, or work rule and that the area or property to be searched may contain evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal authority to conduct them. Searches will not normally occur without the concurrence of more than one supervisor. If the Public Safety Officers Procedural Bill of Rights Acts (Government Code sections 3300 et seq.) is applicable to a particular search, then the city will comply with the Act notwithstanding anything to the contrary in this article. Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery of evidence of a policy, directive, or work rule violation. ARTICLE 38. FLEXIBLE JOB SHARING Employees may, with the express written approval of the City Manager, the Human Resources Director, and the Police Chief, participate in a flexible job-sharing program. The specifics of such a program shall be determined by the employees and the city on a case by case basis. Prior to the implementation of any such program, 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 39. DEFERRED COMPENSATION LOAN PROVISION The city and the CPOA agree to work with the city's deferred compensation provider (currently ICMA Retirement Corporation) to implement a personal loan provision for represented employees as soon as administratively possible. It is acknowledged that the city will assist in the administrative set-up of this benefit but that the city has no liability if an employee should default on the repayment of such a loan. ARTICLE 40. LIFE INSURANCE AND VOLUNTARY BENEFITS All CPOA-represented employees shaUreceive 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 41. RE-OPENERS 43 Sept. 10, 2019 Item #1 Page 132 of 141 At any time during the term of this Memorandum, the city may reopen negotiations on the implementation of technological changes affecting the Police Department. CPOA acknowledges that the city has the management right to decide to change the technology used in the Police Department and that any negotiations shall be regarding the effects of the city's decision on CPOA members. At any time during the term of this Memorandum, the city may reopen negotiations on the issue of health insurance benefits in order to reduce or eliminate penalties under the ACA. At any time during the te1m of the MOU, after CalPERS announces its actual rate ofretum for the prior fiscal year, if the CalPERS actual rate ofreturn is less than CalPERS' expected rate of return (the expected rate ofreturn or "discount rate" in effect during that same prior fiscal year), the City may reopen negotiations on the issue of employee cost sharing toward the City's required contribution to CalPERS for CPOA members. Any changes shall be by mutual agreement only. At any time during the term of the MOU either party may reopen negotiations on the issue of a retiree medical trust. Any changes shall be by mutual agreement only. At any time during the term of the MOU, the City may reopen negotiations to discuss the enhancement of disability insurance benefits for CPOA members. Any changes shall be by mutual agreement only. AR TI CLE 42. ACTING PAY Whenever the perceived 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) consecutive calendar days, the employee shall receive additional pay while in the acting capacity. 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. In the event that the City does not need the employee to serve in an acting capacity for at least twenty-one (21) consecutive calendar days, the employee shall receive the acting pay for that period of time the acting assignment lasts. In the event that at the beginning of an acting assignment, it is not perceived that the acting assignment will last at least twenty-one (21) consecutive calendar days, and the acting assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the acting assignment shall receive the acting pay retroactive to the first day of the acting assignment. No employee shall be required to perform all 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 Police Chief. Exceptions to the minimum qualifications criteria may be recommended by the Police Chief on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she shall receive not less than 2.5% additional pay. 44 Sept. 10, 2019 Item #1 Page 133 of 141 The additional pay shall commence on the first (1st) calendar day of the temporary reassignment of the performance of duties of the higher classification. The recommendation that an employee be required to perfo1m duties of the higher classification shall be placed in writing by the Police Chief and submitted to the Human Resources Director for approval. An employee may not serve in an acting capacity for more than six (6) months without prior approval from the Police Chief · A person appointed to an acting capacity shall be eligible to receive step increases in his/her regular position during the acting appointment. The Human Resources Director shall obtain the employee's acknowledgement of the temporary performance of all of the duties of the higher classification prior to the employee's assuming or continuing the duties and additional compensation. The acknowledgement form shall clearly state that it is understood that a reduction in salary shall be effected to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. ARTICLE 43. 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 ~ntry 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 be placed at the nearest step of the journey level salary range which represents a minimum five percent (5%) salary increase. Entry Level Position Community Service Officer I Communications Operator I ARTICLE 44. JURY DUTY Journey Level Position Community Service Officer II Communications Operator II When called to jmy 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. The Police Chief or his/her designee 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 repmt to their supervisor for assignment for the duration of~he work day. At the discretion of the supervisor. an employee may be released from repo1ting back to work if an unreasonable amo1mt of the work day remains in li ght of travel time to the job site after release. 45 Sept. 10, 2019 Item #1 Page 134 of 141 ARTICLE 45. SHIFT DIFFERENTIAL Effective upon the first day of the first full pay period following ratification of the MOU. all CPOA-represented emploY:ees who work or who take paid leave for a night shift (i.e .• a shift in which five or more hours of their shift are after 1700 hours and before 0600 hours) shall be eligible fol' Shift Differential Pay. Shift Differential Pay shall be equal to three percent (3%) of the base pay rate and will be paid for the night shift (all hours worked), inclusive of all paid leave or paid time during a leave of absence, except 1) when the employee is on an extended leave of absence as defined in Article 31 .3 or 2) time off due to a shift trade. Shift Differential Pay shall be included in the regular rate of pay in confo1mance with the FLSA as it relates to calculating overtime pay. Shift Differential Pay shall not be included in the definition of "straight time" for · purposes of calculating holiday pay as defined in Article 34.3 . A person regularly scheduled on a shift that meets the requirements defined in this section who temporarily works on another shift that does not meet the requirements defined in this section will not receive the Shift Differential Pay. · ARTICLE 46. SPECIAL STUDY During the term of the MOU the City and CPOA will conduct a study on binding arbitration for disciplinary appeals. 46 Sept. 10, 2019 Item #1 Page 135 of 141 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum to be effective as stated herein. CITY OF CARLSBAD KATHRYN B. DODSONSCOTT CHADWICK, Interim City Manager APPROVED AS TO FORM: CELIA BREWER, City Attorney CARLSBAD POLICE OFFICERS' ASSOCIATION JA.MES VlILLISMATTHEW LOWE, President Date 47 Date Date Sept. 10, 2019 Item #1 Page 136 of 141 Exhibit 3 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) Senior Recreation Leader, 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 POLICE: Any employee in a CPOA-represented classification who operates the Public Safety Command Post vehicle. Revised 9/10/2019 Sept. 10, 2019 Item #1 Page 137 of 141 JOB TITLE: DEPARTMENT: BASIC FUNCTION: CITY OF CARLSBAD CLASS SPECIFICATION POLICE CORPORAL POLICE Exhibit 4 Under general supervision, perform law enforcement and crime prevention work; to control traffic flow and enforce state and local traffic regulations; to perform investigative work; and to do other related work as assigned, including to have responsible charge of police field and investigative duties. Perform the following supervisory responsibilities only when assigned as Officer in Charge in the a~sence of a Sergeant or when assigned duties by a superior officer: • Maintain discipline and ensure that Department and City rules and policies are followed; • Assist officers in preparing reports in cases for trial; • Assist officers with follow-up investigations; and • Review reports submitted by officers, make recommendations and suggestions for correction and improvements. KEY RESPONSIBILITIES: As a police corporal, patrol city, answer calls for the protection oflife and property, participate in all normal patrol activities, including enforcement of City, County, and State laws; conduct both preliminary and follow-up investigations of disturbances, prowlers, burglaries, thefts, robberies, vehicle accidents, deaths, and other criminal incidents. Make arrests as necessary: interview victims, complainants, and witnesses; interrogate suspects; gather and preserve evidence; testify and present evidence in court. Administer first aid when necessary and conduct in-service training. Contact and cooperate with other law enforcement agencies in matters relating to the investigation of crimes in the apprehension of offenders. Personally appear in court to present evidence and testimony, as necessary. Prepare reports, conduct investigations, and observe unusual incidents. Personally participate in investigations, including all routine gathering of evidence, questioning of witnesses and apprehension of suspects. Serve warrants and subpoenas. 1 Revised 9-24-13 Sept. 10, 2019 Item #1 Page 138 of 141 Stop drivers operating vehicles in violation of laws; warn drivers against unlawful practices; issue citations. Check buildings for physical security. Receive, search, book, fingerprint, and transport prisoners. Direct traffic at fires, special events, and other emergencies or congested situations. As assigned, participate as an investigative officer in adult and juvenile, misdemeanor and felony investigative work. Confer with prosecutors and maintain contact with other law enforcement agencies. Maintain contact with citizens regarding potential law enforcement problems and preserve good relationships with the general public. Serve as Officer in Charge when necessary. Serve as Field Training Officer (FTO) when necessary. Serve as Field Evidence Technician when necessary. Perform other related duties as assigned. QUALIFICATIONS: Knowledge of: Police methods and procedures, including patrol, crime prevention, traffic control, investigation and identification techniques and police records and reports. Criminal law with particular reference to the apprehension, arrest and custody of persons committing misdemeanors and felonies, including rules or evidence pertaining to the search and seizure and the preservation and presentation of evidence in traffic and criminal cases. Principles and practices of supervision and training. Ability to: Supervise and train subordinates. Observe accurately and remember names, faces, numbers, incidents and places. Analyze situations and adopt effective courses of action. Interpret and apply laws and regulations. Use and maintain firearms. Think and act quickly in emergencies, and judge situations and people accurately. 2 Revised 9-24-13 Sept. 10, 2019 Item #1 Page 139 of 141 Prepare accurate and grammatically correct reports. Establish and maintain cooperative-working relationships with those contacted in the course of work. Understand and carry out oral and written directions. Effectively utilize computer and electronic data resources. Perform the essential job functions of a police officer, as established by City and State guidelines. EDUCATION AND EXPERIENCE: Completion of Carlsbad Police Department probation; possession of ( or eligible to receive) a California Intermediate POST certificate; at least two (2) years of patrol operations experience with a California law enforcement agency; and completion of Field Training Officer (FTO) and Field Evidence Technician (FET) certificates no later than the end of the one-year probationary period related to being hired or promoted into this classification. All existing corporals as of 9 24 13 shall be provided the opportunity to attend FTO school and FET school ·.vithin the next 24 months and successfully complete them in order to be "grandfathered" as Corporals. Any existing Corporal that has not successfully completed these schools shall be demoted to Police Officer. The Regular or Specialized Intermediate Certificate: (a) Possess or be eligible to possess an intermediate certificate; and (b) Satisfy the prerequisite basic course training requirement and have acquired the training and education points and/or the college degree designated and the prescribed years of law enforcement experience in one of the following combinations: Minimum Training Points Required 15 30 45 Minimum Education Associate Baccalaureate Points or Degree Required 15 30 45 Degree Degree Years of Law Enforcement Experience Required 8 6 4 4 2 SPECIAL REQUIREMENTS: Must meet the standards established for peace officers as defined by California Government Code Section 1031. Possession of a valid California Driver's License. 3 Revised 9-24-13 Sept. 10, 2019 Item #1 Page 140 of 141 Possession and maintenance of FTO and FET certificates. 4 Revised 9-24-13 Sept. 10, 2019 Item #1 Page 141 of 141