HomeMy WebLinkAbout2019-12-10; City Council; ; Side Letters amending Memorandum of Understandings (MOUs) with the Carlsbad Police Management Association, Carlsbad Police Officers' Association, Carlsbad City Employees'Pursuant to Gov. Code section 3505.1, the Side Letters to the MOUs are being presented to the
City Council as the governing body for consideration. Staff also recom.mends updating the
Management Compensation and Benefits Plan for unrepresented employees. Per Carlsbad
Municipal Code Section 2.44.020, the City Council is the governing body authorized to make
changes to such documents.
Discussion
1. Carlsbad Police Management Association:
Beginning Jan. 1, 2020, the city will provide represented employees with a short-term
disability insurance plan, a modified long-term insurance plan, and a modified life and
AD&D insurance plan. Articles 18.5, 21 and 30 of the CPMA MOU will be replaced in their
entirety. The Side Letter modifying the MOU language is included as Attachment A to the
Resolution.
2. Carlsbad Police Officers' Association:
Beginning Jan. 1, 2020, the city will provide represented employees with a short-term
disability insurance plan, a modified long-term disability insurance plan, and a modified life
and AD&D insurance plan. Articles 30 and 40 of the CPOA MOU will be replaced in their
entirety. Article 47 will be added to CPOA MOU. The Side Letter modifying the MOU
language is included as Attachment B to the Resolution.
3. Carlsbad City Employees' Association:
Beginning Jan. 1, 2020, the city will discontinue represented employees' enrollment in the
State Disability Insurance Program and replace the insurance with a short-term disability
insurance plan and a modified long-term disability plan and provide a modified life and
AD&D insurance plan. Articles 35, 36, and 51 will be replaced in their entirety and Article 57
will be added to the CCEA MOU. The Side Letter modifying the MOU language is included as
Attachment C to the Resolution.
4. Carlsbad Firefighters' Association, Inc.:
Beginning Jan. 1, 2020, the city will provide represented employees with a short-term
disability insurance plan and a modified life and AD&D insurance plan. Represented
employees will retain their current long term insurance plan. Articles 10 and 36 will be
replaced in their entirety. Article 43 will be added to the CFA MOU. The Side Letter
modifying the MOU language is included as Attachment D to the Resolution.
5. Management Compensation and Benefits Plan:
Beginning Jan. 1,. 2020, the city will provide all full time, management employees with a
short-term disability insurance plan, a modified long-term disability insurance plan, and a
modified life and AD&D insurance plan. The revised Management Compensation and
Benefits Plan is included as Attachment E to the Resolution.
Dec. 10, 2019 Item #1 Page 2 of 38
Fiscal Analysis
The estimated annual cost of revising the short-term disability insurance and long-term
disability insurance as of Jan. 1, 2020 is $88,000. The total estimated impact to the fiscal year
(FY) 2019-20 Operating Budget is $44,000. Staff is requesting a transfer of $44,000 from the
City Council's contingency budget in the General Fund to cover the estimated fiscal impact to
the current fiscal year.
The total estimated annual impact of the paid family leave benefit is dependent on how many
employees request leave per year and if the affected departments need to hire temporary staff
or backfill hours with overtime from other employees during the employee's absence. Staff is
estimating this annual additional cost to be from $0 to $260,000 per FY. Since the annual cost
of this benefit is difficult to predict, staff will monitor the fiscal impact of this enhanced benefit
for the remainder of FY 2019-20 and request additional funds, if needed, closer to the end of
the FY.
There is no fiscal impact related to the changes to group life insurance or AD&D insurance.
Funding for changes listed above that occur in future FYs will be included in subsequent
adopted budgets.
Next Steps
Staff will implement the changes to the CPMA, CPOA, CCEA, and CFA MOUs, and to the
Management Compensation and Benefits Plan as shown in Attachments A, B, C, D, and E 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.
Public Notification
This item was npticed in accordance with the Ralph M. Brown Act and was available for viewing
and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council Resolution
2. Amended sections of the Management Compensation and Benefits Plan
3. Administrative Order No. 84
Dec. 10, 2019 Item #1 Page 3 of 38
RESOLUTION NO. 2019-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING MEMORANDUMS OF UNDERSTANDING
(MOUS) BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE
MANAGEMENT ASSOCIATION (CPMA), CARLSBAD POLICE OFFICERS'
ASSOCIATION (CPOA), CARLSBAD CITY EMPLOYEES' ASSOCIATION
(CCEA), AND CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. (CFA) AND
A REVISED MANAGEMENT COMPENSATION AND BENEFITS PLAN.
WHEREAS, the City of Carlsbad and the Carlsbad Police Management Association (CPMA),
the Carlsbad Police Officers' Association (CPOA), the Carlsbad City Employees' Association
(CCEA), and the Carlsbad Firefighters' Association, Inc. (CFA) have met and conferred in good
faith pursuant to the Meyers-Milias-Brown Act regarding benefits 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 agreements in the form of a CPMA side letter (Attachment A), a CPOA side letter
(Attachment B), a CCEA side letter (Attachment C), and a CFA side letter (Attachment D).
WHEREAS, the City Council has determined it to be in the public interest to accept the
revised Management Compensation and benefits Plan (Attachment E)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That Attachment A, the side letter between CPMA 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 Attachment B, the side letter 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.
4. That Attachment C, the side letter between CCEA and the City of Carlsbad,
attached hereto is hereby adopted by the City Council and the city manager is
directed to execute it.
Dec. 10, 2019 Item #1 Page 4 of 38
5. That Attachment D, the side letter between CFA and the City of Carlsbad,
attached hereto is hereby adopted by the City Council and the city manager is
directed to execute it.
6. That Attachment E, the revised Management Compensation and Benefits Plan
attached hereto is hereby adopted by the City Council and the city manager is
directed to execute it.
7. That the deputy city manager-administrative services is authorized to transfer
$44,000 from the City Council Contingency budget in the General Fund to cover
the increase for FY 2019-20 in short-term and long-term disability insurance
payments.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of December 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
~/lectrL&t:,ma, /Je;w:_v
~ENfilESON, City Clerk Cr I
C.'t'o< (SEAL)
Dec. 10, 2019 Item #1 Page 5 of 38
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
AND
THE CITY OF CARLSBAD
Attachment A
RELATED TO DISABILITY INSURANCE AND PAID FAMILY LEA VE
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Management
Association (hereinafter referred to as the "CPMA") entered into a Memorandum of
Understanding ("MOU") with a term beginning on January 1, 2019 and terminating on
December 31, 2021. The city and the CPMA are collectively referred to herein as the "Parties."
Background and Overview
This Agreement relates to modifications to the city's disability insurance benefits and paid
family leave benefits for employees and clarifies that beginning January 1, 2020 the city will
provide short-term disability insurance for represented employees that provides a benefit for an
employee's own short-term injury/illness. In addition, per Administrative Order No. 84, the
city will provide eligible employees with 160 hours per year of paid family leave to take care
of a family member or to bond with a new child. Finally, this agreement relates to revisions to
the city-sponsored long-term disability insurance, life insurance and accidental death &
dismemberment (AD&D) insurance.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA").
Based on the above, the city has proposed and the CPMA has agreed to modify the provisions
in the MOU prospectively that relate to the abovementioned benefits.
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's MOU with the CPMA remain in full force and effect.
The Parties mutually agree to add Article 39 and replace Articles 18.5, 21 and 30 in their entirety
with the following:
18.5 Accidental Death & Dismemberment (AD&D) Insurance
Effective January 1, 2020, all CPMA-represented employees shall receive city paid
Accidental Death and Dismemberment (AD&D) insurance in an amount equal to two
times their base salary up to a maximum benefit of $400,000. 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.
CPMA employees may also choose to enroll in or opt out of the city-sponsored voluntary
Accidental Death & Dismemberment (AD&D) insurance plan at any coverage level.
Dec. 10, 2019 Item #1 Page 6 of 38
ARTICLE 21. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE
Short-Term Disability
Effective January 1, 2020, the city agrees to provide represented employees with short-term
disability insurance via an insurance provider and to pay the premium. The insurance shall
provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-
term disability benefits shall be provided at 60°/o of the employee's pre-disability base salary, up
to a maximum base salary of $150,000.
Long-Term Disability
The city agrees to continue to provide long term disability insurance and to pay the premium.
Prior to January 1, 2020, the insurance shall provide for a thirty (30) calendar day waiting period
prior to payment eligibility and the long-term disability benefits shall be provided at 60% of the
employee's pre-disability base salary, up to a maximum base salary of $100,000. Effective
January 1, 2020, the waiting period prior to payment eligibility shall be ninety (90) calendar days
and the long-term disability benefits shall be provided at 66 2/3% of the employee's pre-
disability base salary, up to a maximum base salary of $150,000.
Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off(e.g., vacation, sick leave) during the
disability insurance waiting period. The employee shall combine accrued paid time off, except
for accrued sick leave, with short-term and long-term disability payments for the purpose of
achieving the equivalent of their base salary while receiving the disability payments.
Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability
Leave of Absence as of December 31, 2019
An employee who is on a short-term or long-term disability leave of absence as of December 31,
2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage
with the city's new disability insurance provider as of January 1, 2020 without having to repeat
the waiting period.
ARTICLE 30. LIFE INSURANCE AND VO LUNT ARY BENEFITS
All represented employees shall receive city paid life insurance in an amount equal to two times
their base salary up to a maximum benefit of $400,000. To determine benefits, the amount of
insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000
multiple.
The City provides various voluntary benefits available at the employee's cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the
Human Resources Department at 760-602-2440.
Dec. 10, 2019 Item #1 Page 7 of 38
ARTICLE 39. PAID FAMILY LEAVE
Effective January 1, 2020, per Administrative Order No. 84, all CPMA-represented employees
will be eligible for 160 homs per year of paid family leave to care for an immediate family
member or bond with a new child.
CITY OF CARLSBAD:
Date:
Date: \t / 1 z.-} tl]
Date: ~ lJ l)'-.1,.\q
GREG KORAN, PRESIDENT, CARLSBAD POLICE
MANAGEMENT ASSOCIATION ·
CHADWICK, CITY MANAGER,
CITY OF CARLSBAD
Dec. 10, 2019 Item #1 Page 8 of 38
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD POLICE OFFICERS' ASSOCIATION
AND
THE CITY OF CARLSBAD
Attachment B
RELATED TO DISABILITY INSURANCE AND PAID FAMILY LEAVE
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Officers'
Association (hereinafter referred to as the "CPOA") entered into a Memorandum of
Understanding ("MOU") with a term beginning on January I, 2019 and terminating on
December 31, 2021. The city and the CPOA are collectively refe1Ted to herein as the "Parties."
Background and Overview
This Agreement relates to modifications to the city's disability insurance benefits and paid
family leave benefits for employees and clarifies that beginning January I, 2020 the city will
provide short-term disability insurance for represented employees that provides a benefit for an
employee's own short-term injury/illness. In addition, per Administrative Order No. 84, the
city will provide eligible employees with 160 hours per year of paid family leave to take care
of a family member or to bond with a new child. Finally, this agreement relates to revisions to
the city-sponsored long-term disability insurance, life insurance and accidental death &
dismemberment (AD&D) insurance.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA").
Based on the above, the city has proposed and the CPOA has agreed to modify the provisions
in the MOU prospectively that relate to the abovementioned benefits.
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's MOU with the CPOA remain in full force and effect.
The Parties mutually agree to add Article 47 and replace Articles 30 and 40 in their entirety
with the following:
ARTICLE 30. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE
Short-Term Disability
Effective January I, 2020, the city agrees to provide represented employees with short-term
disability insurance via an insurance provider and to pay the premium. The insurance shall
provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-
term disability benefits shall be provided at 60% of the employee's pre-disability base salary, up
to a maximum base salary of $150,000.
Dec. 10, 2019 Item #1 Page 9 of 38
Attachment B
Long-Term Disability
The city agrees to continue to provide long term disability insurance and to pay the premium.
Prior to January 1, 2020, the insurance shall provide for a thirty (30) calendar day waiting period
prior to payment eligibility and the long-term disability benefits shall be provided at 60% of the
employee's pre-disability base salary, up to a maximum base salary of $100,000. Effective
January 1, 2020, the waiting period prior to payment eligibility shall be ninety (90) calendar days
and the long-term disability benefits shall be provided at 66 2/3% of the employee's pre-
disability base salary, up to a maximum base salary of $150,000.
Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off ( e.g., vacation, sick leave) during the
disability insurance waiting period. The employee shall combine accrued paid time off, except
for accrued sick leave, with short-term and long-term disability payments for the purpose of
achieving the equivalent of their base salary while receiving the disability payments.
Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability
Leave of Absence as of December 31, 2019
An employee who is on a short-term or long-term disability leave of absence as of December 31,
2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage
with the city's new disability insurance provider as of January 1, 2020 without having to repeat
the waiting period.
ARTICLE 40. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)
INSURANCE AND VOLUNTARY BENEFITS
All CPOA-represented employees shall receive city paid life insurance in an amount equal to
their base salary up to a maximum base salary of $200,000. 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.
Effective January 1, 2020, all CPOA-represented employees shall receive city paid Accidental
Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a
maximum base salary of $200,000. 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 47. PAID FAMILY LEAVE
Effective January 1, 2020, per Administrative Order No. 84, all CPO A-represented employees
will be eligible for 160 hours per year of paid family leave to care for an immediate family
member or bond with a new child.
Dec. 10, 2019 Item #1 Page 10 of 38
CITY OF CARLSBAD:
Date: / I -a -11
Date: l l { l 2-/ / 0t
Date: \lebtt l'-)
MA TI LOWE, PRESIDENT, CARLSBAD POLICE
OFFICERS' ASSOCIATION
HUMAN RESOURCES
SBAD
CHA WICK, CITY MANAGER,
CITY OF CARLSBAD
Dec. 10, 2019 Item #1 Page 11 of 38
Attachment C
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD CITY EMPLOYEES' ASSOCIATION
AND
THE CITY OF CARLSBAD
RELATED TO DISABILITY INSURANCE AND PAID FAMILY LEAVE
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad City Employees'
Association (hereinafter referred to as the "CCEA") entered into a Memorandum of
Understanding ("MOU") with a term beginning on January I, 2018 and terminating on
December 31, 2020. The city and the CCEA are collectively referred to herein as the "Parties."
Background and Overview
This Agreement relates to modifications to the city's disability insurance benefits and paid
family leave benefits for employees and clarifies that beginning January 1, 2020 the city will
discontinue enrollment in the State Disability Insurance program. Instead, effective January 1,
2020, the city will provide short-term disability insurance for represented employees that
provides a benefit for an employee's own short-term injury/illness. In addition, per
Administrative Order No. 84, the city will provide eligible employees with 160 hours per year
of paid family leave to take care of a family member or to bond with a new child. Finally, this
agreement relates to revisions to the city-sponsored long-term disability insurance, life
insurance and accidental death & dismemberment (AD&D) insurance.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA").
Based on the above, the city has proposed and the CCEA has agreed to modify the provisions
in the MOU prospectively that relate to the abovementioned benefits.
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's MOU with the CCEA remain in full force and effect.
The Parties mutually agree to add Article 57 and replace Articles 35, 36 and 51 in their entirety
with the following:
Article 35 Short Term Disability Insurance
A. Employees represented by CCEA will be enrolled in the State Disability Insurance (SDI)
Program through December 31, 2019. (The City agrees to pay the premium.)
B. On January 1, 2004, the State Disability Insurance Program will provide for paid leave
benefits for employees who qualify for family medical leaves of absence. The employee
may elect to use accumulated vacation, sick leave or compensatory time off during the
seven day elimination period.
Dec. 10, 2019 Item #1 Page 12 of 38
Attachment C
C. Employees represented by CCEA shall be entitled to combine accumulated sick leave,
vacation leave or comp time with State Disability payments for the purpose of achieving
the equivalent of their pre-disability salary to the extent allowed by law during any period
of nonindustrial disability. Under no circumstances shall the combination of accumulated
leave and State Disability Insurance payments exceed the employee's pre-disability
salary.
Effective January 1, 2020, the city will discontinue enrollment in the State Disability Insurance
program. Effective January 1, 2020, the city agrees to continue to provide short-term disability
insurance via an insurance provider. The city agrees to pay the premium. The insurance shall
provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-
term disability benefits shall be provided at 60% of the employee's pre-disability base salary, up
to a maximum base salary of $150,000. The employee shall use their accrued paid time off ( e.g.,
vacation, sick leave) during the disability insurance waiting period. Employees may elect to
combine accrued paid time off, except for accrued sick leave, with short-term disability
payments for the purpose of achieving the equivalent of their base salary while receiving the
short-term disability payments.
Transition/Continuation of Benefits for Employees on a Short-Term Disability or Paid Family
Leave of Absence as of December 31, 2019
An employee who is on a short-term disability leave of absence (including an intermittent
leave) as of December 31, 2019, will be converted to coverage with the city's new short-
term disability insurance provider as of January 1, 2020 without having to repeat the
elimination period.
An employee who is on a paid family leave of absence as of December 31, 2019 will
have their paid family leave benefits converted to those benefits described in
Administrative Order No. 84 as of January 1, 2020. In this situation ( conversion of a
paid family leave that started prior to January 1, 2020 and will continue on or after
January 1, 2020), the number of hours of paid family leave for which an employee was
paid from SDI in the prior calendar year will count towards the 160 hours per year of
paid family leave the employee may receive under the city's new paid family leave
program.
Article 36 Long Term Disability Insurance (LTD)
During the term of this memorandum, city agrees to continue to provide city-paid long term
disability insurance. This insurance shall provide for a ninety (90) calendar day waiting period
prior to payment eligibility. The employee shall use their accrued paid time off (e.g., vacation,
sick leave) during the disability insurance waiting period. Employees shall combine accrued
paid time off, except for accrued sick leave, with LTD payments for the purpose of achieving the
equivalent of their base salary.
Prior to January 1, 2020, long-term disability benefits shall be provided at 60% of the
employee's pre-disability base salary, up to a maximum base salary of $100,000. Effective
Dec. 10, 2019 Item #1 Page 13 of 38
January 1, 2020, long-tenn disability benefits shall be provided at 66 2/3% of the employee's
pre-disability base salary, up to a maximum base salary of $150,000.
Transition/Continuation of Benefits for Employees on a Long-Tenn Disability Leave of Absence
as of December 31. 2019
An employee who is on a long-tenn disability leave of absence (including an intermittent
leave) as of December 31, 2019, will be converted to coverage with the city's new long-
term disability insurance provider as of January 1, 2020 without having to repeat the
elimination period.
Article 51 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary
Benefits
All CCEA-represented employees shall receive city paid life insurance in an amount equal to
their base salary up to a maximum base salary of $200,000. To detennine the benefit, the
amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a
$1,000 multiple.
Effective January 1, 2020, all CCEA-represented employees shall receive city paid Accidental
Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a
maximum base salary of$200,000. To detennine 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 infonnation regarding these benefits, contact the
Human Resources Department at 760-602-2440.
Article 57 Paid Family Leave
Effective January I, 2020, per Administrative Order No. 84, all CCEA-represented employees
will be eligible for 160 hours per year of paid family leave to care for an immediate family
member or bond with a new child.
CITY OF CARLSBAD:
Date: ro / 30l 19
Date: ( ~bt/J~
SCOTT CHADWICK, CITY MANAGER,
CITY OF CARLSBAD
Dec. 10, 2019 Item #1 Page 14 of 38
SIDE LETTER AGREEMENT
BETWEEN THE
THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
AND
THE CITY OF CARLSBAD
Attachment D
RELATED TO DISABILITY INSURANCE AND PAID FAMILY LEA VE
The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Firefighters'
Association, Inc. (hereinafter referred to as the "CF A") entered into a Memorandum of
Understanding ("MOU") with a term beginning on January 1, 2017 and terminating on
December 31, 2019. The city and the CFA are collectively referred to herein as the "Parties."
Background and Overview
This Agreement relates to modifications to the city's disability insurance benefits and paid
family leave benefits for employees and clarifies that beginning January 1, 2020 the city will
provide short-term disability insurance for represented employees that provides a benefit for an
employee's own short-term injury/illness. In addition, per Administrative Order No. 84, the
city will provide eligible employees with 160 hours per year of paid family leave to take care
of a family member or to bond with a new child. Finally, this agreement relates to revisions to
the city-sponsored life insurance and accidental death & dismemberment (AD&D) insurance.
The specific provisions contained in this Agreement are intended to supersede any previous
agreements, whether oral or written, regarding the matters contained in this Agreement.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA").
Based on the above, the city has proposed and the CF A has agreed to modify the provisions in
the MOU prospectively that relate to the abovementioned benefits.
Except as provided here, all wages, hours, and other terms and conditions of employment
presently in the city's MOU with the CFA remain in full force and effect.
The Parties mutually agree to add Article 43 and replace Articles 10 and 36 in their entirety
with the following:
ARTICLE 10. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE
Short-Term Disability
Effective January I, 2020, the city agrees to provide represented employees with short-term
disability insurance via an insurance provider and to pay the premium. The insurance shall
provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-
term disability benefits shall be provided at 60% of the employee's pre-disability base salary, up
to a maximum base salary of $150,000.
Dec. 10, 2019 Item #1 Page 15 of 38
Attachment D
Long-Term Disability
The city will contract with a mutually agreed upon insurance company to provide long term
disability insurance for all represented employees and the city will pay the premium. For
information about this benefit, contact the Human Resources Department at 760-602-2440.
Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off ( e.g., vacation, sick leave) during the
disability insurance waiting period. The employee shall combine allowable types of accrued
paid time off with short-term and long-term disability payments for the purpose of achieving the
equivalent of their base salary while receiving the disability payments. Accrued sick leave may
not be combined with short-term disability payments. Refer to the long-term disability plan
document for information on which types of accrued paid time off may be combined with long-
term disability payments.
Transition/Continuation of Benefits for Employees on a Short-Term Disability Leave of Absence
as of December 31, 2019
An employee who is on a short-term disability leave of absence as of December 31, 2019
(including an intermittent leave), will be converted to short-term coverage with the city's new
disability insurance provider as of January 1, 2020 without having to repeat the waiting period.
ARTICLE 36. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)
INSURANCE AND VOLUNTARY BENEFITS
All CF A-represented employees shall receive city paid life insurance in an amount equal to their
base salary up to a maximum base salary of $200,000. 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.
Effective January 1, 2020, all CF A-represented employees shall receive city paid Accidental
Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a
maximum base salary of $200,000. 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 43. PAID FAMILY LEAVE
Effective January 1, 2020, per Administrative Order No. 84, all CF A-represented employees will
be eligible for 160 hours per year of paid family leave to care for an immediate family member
or bond with a new child.
Dec. 10, 2019 Item #1 Page 16 of 38
CITY OF CARLSBAD:
Date:
Date: \lot:t:t0
HADWICK, CITY MANAGER,
CITY OF CARLSBAD
Dec. 10, 2019 Item #1 Page 17 of 38
Attachment E
MANAGEMENT COMPENSATION AND BENEFITS PLAN
TABLE OF CONTENTS
Section 1
Section 2
Section 3
Introduction ............................................................................ Page 2
Compensation ........................................................................ Page 2
Pay Ranges ....................................................................... Page 2
Compensation Adjustments ............................................ Page 3
Survey Market. ................................................................. Page 3
Benefits and Other Types of Pay ........................................... Page 4
Life/ Accidental Death and Dismemberment
(AD&D) Insurance and Voluntary Benefits .................... Page 4
Retirement ........................................................................ Page 4
Leave of Absence ............................................................. Page 5
1. Vacation .............................................................. Page 6
2. Executive Leave ................................................. Page 7
3. Sick Leave .......................................................... Page 7
4. Bereavement Leave ............................................ Page 8
5. Leave Without Pay ............................................. Page 8
6. Pregnancy Disability Leave ................................ Page 9
7. FMLA ................................................................. Page 10
8. Military Leave .................................................... Page 10
9. Jury Duty ............................................................ Page 10
10. Extended Leave of Absence ............................... Page 10
Separation Compensation ................................................ Page 11
Holidays ........................................................................... Page 11
Health Benefits ................................................................. Page 12
Health Insurance for Retirees ........................................... Page 13
Physical Fitness Reimbursement ..................................... Page 14
Short-Term and Long-Term Disability Insurance (LTD)Page 14
Paid Family Leave ........................................................... Page 15
Deferred Compensation ................................................... Page 15
Drug and Alcohol Policy ................................................. Page 15
Uniform Reimbursement and Reporting the Value
of Uniforms to CalPERS .................................................. Page 15
Fire Safety Management .................................................. Page 15
Special Assignment and Temporary Upgrade Pay .......... Page 16
Educational Incentive Pay ................................................ Page 17
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Management Compensation and Benefits Plan
SECTION 1: INTRODUCTION
The Management Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an
overview of compensation and 3) a description of benefits for management employees.
Definitions
1. Management Employees -Management employees are defined as those employees
whose classifications are listed on the Management Salary Structure. Except as to those
management employees subject to an applicable law, all management employees are
considered "at-will" and have no property rights to their position. At will employment
with the City may be terminated at any time by either party, with or without cause, for
any reason or no reason whatsoever, and with or without advance notice. At will
employees do not have the right to appeal.
2. City Council Appointed Employees -The City Manager and City Attorney are hired by
and responsible directly to the City Council. The salaries for these positions shall be set
by the City Council. The City Manager and City Attorney will not be subject to the
provisions of the Compensation program as outlined in Section 2 of this document. The
schedule of management benefits (as outlined in Section 3 of this document) will apply
to these positions, except as otherwise provided by the City Council.
SECTION 2: COMPENSATION
Pay Ranges
Each management job classification is assigned to a specific pay range. An employee may be paid
anywhere in the pay range associated with their job classification.
Any employee may be advanced in the pay range regardless of the length of time served at the
employee's present pay rate. This advancement requires the written recommendation of the
employee's manager and the approval of the employee's department head and City Manager (or
City Attorney, for management employees in the City Attorney's Office)1•
If, as a result of a pay range adjustment, an employee's base salary falls below the minimum of the
pay range, the employee's salary will be increased to the new range minimum as of the date City
Council approves the pay range adjustment.
Periodically the Human Resources Department will bring forth salary range movement
recommendations to City Council that are based on market and economic conditions, and may
include one or more salary ranges.
1 Hereafter, all references to the City Manager include, with regard to management employees in the City Attorney's
Office, the City Attorney.
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Management Compensation and Benefits Plan
Compensation Adiustments
Effective January 1, 2020, all management employee salaries will be increased by three percent
(3%). As a result, all management salary ranges will be adjusted to reflect this increase. An
employee's salary may not exceed the maximum of the pay range for their classification.
Survey Market
In keeping with the City Council's philosophy of surveying the total compensation oflocal
agencies, the agencies listed below will be considered in the survey market for management
classifications.
• City of Chula Vista
• City of Coronado
• City of Del Mar
• City of El Cajon
• City of Encinitas
• City of Escondido
• City of Imperial Beach
• City of La Mesa
• City of National City
• City of Oceanside
• City of Poway
• City of San Marcos
• City of Solana Beach
• City of San Diego
• City of Santee
• City of Vista
• County of San Diego
In addition to the agencies listed above, the following agencies will be considered in the survey
market only for Utilities Director, Utilities Manager and Utilities Supervisor classifications.
• Encina Wastewater Authority
• Helix Water District
• Olivenhain Municipal Water District
• Otay Water District
• Padre Dam Municipal Water District
• Vallecitos Water District
• Vista Irrigation District
The Human Resources Department will compare salary and benefits information on each City of
Carlsbad benchmark classification with appropriate classifications in the survey market. Those
classifications that are considered benchmarks are those in which there was a substantial match
between the competencies and duties required for jobs at the City of Carlsbad and those for jobs in
the survey market.
Each City of Carlsbad job classification is assigned to a specific pay range. The non-benchmark
positions are assigned to a pay range based on internal relationships, responsibility and/or
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Management Compensation and Benefits Plan
knowledge, skills and abilities of jobs. The benchmark salary data will be surveyed regularly and
the benchmark comparisons will be modified when the classifications change within the
organization.
The City Council delegates to the City Manager the authority to create and change job
classifications and assign job classifications to a specific pay range, based on both benchmark salary
information and internal relationships within the organization.
SECTION 3: BENEFITS AND OTHER TYPES OF PAY
Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits
All management employees shall receive city-paid life insurance in an amount equal to two times
their base salary up to a maximum benefit of $400,000. To determine benefits, the amount of
insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple.
Effective January 1, 2020, all management employees shall receive city paid Accidental Death and
Dismemberment (AD&D) insurance in an amount equal to two times their base salary up to a
maximum benefit of $400,000. 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.
Retirement
All management employees shall participate in the California Public Employees' Retirement System
(CalPERS). The specific retirement formula applied will be determined based on whether the
position is deemed safety or miscellaneous. All positions not deemed eligible for safety retirement
will be deemed miscellaneous under the CalPERS system. Optional benefits unique to the City of
Carlsbad's contract with CalPERS are outlined in the contract between the city and CalPERS. A
copy of this contract is kept on file in the Human Resources Department.
Management employees who are considered fire safety employees are eligible for the same
retirement benefit formula and are subject to the same optional retirement benefits described in the
City of Carlsbad CalPERS safety contract (and are the same as those provided to employees
represented by the Carlsbad Firefighters' Association, Inc.). Unrepresented sworn police
management employees are eligible for the same retirement benefit formula and are subject to the
same optional retirement benefits described in the City of Carlsbad CalPERS safety contract (and
are the same as those provided to employees represented by the Carlsbad Police Officers'
Association).
A. The City has contracted with CalPERS for the following retirement benefits:
Miscellaneous "Classic" Members (those that do not qualify as "New Members" as
defined below)
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a) 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.
b) 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.
c) 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.
d) Employees entering City of Carlsbad safety CalPERS membership for the first time on
or after October 4, 2010 -The retirement formula shall be 2%@ 50; three year average
final compensation.
"New Members"
Employees who are "New Members" as defined by the California Public Employees'
Pension Reform Act 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.
a) Miscellaneous employees -Retirement formula shall be 2% @ 62; three year average
final compensation.
b) Safety employees -Retirement formula shall be 2.7%@ 57; three year average final
compensation.
B. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 4 l 4(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
•
•
•
•
Leave of Absence
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% ),
safety employees subject to the 3%@ 50 or 2%@ 50 benefit formulas shall pay
all of the employee retirement contribution (9% ), and
miscellaneous and safety employees who meet the definition of"New Member"
under PEPRA shall pay one half of the normal cost rate associated with their
benefit plan.
Management employees are exempt from overtime requirements under the Fair Labor Standards
Act. Management employees in the City are paid on a salary basis versus an hourly basis. Pursuant
to FLSA regulation 29 CFR Section 541.5d, the City can make deductions from salary or leave
accounts for partial day absences for personal reasons or sickness because the City has a policy and
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practice of requiring its employees to be accountable to the public that they have earned their
salaries. A partial day absence is an absence ofless than the employee's regular work day.
Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the City may make salary
or leave reductions based upon full day absences.
Partial day or full day absences shall be first charged against the exempt employee's vacation, sick,
or executive leave account. In the event the exempt employee does not have sufficient time in
his/her leave account to cover the absence, deductions without pay will be made on full days only.
1. Vacation
a. Vacation Accrual
Revised 11/12/19
Every management employee shall accrue vacation leave for each calendar year of
actual continuous service dating from the commencement of said service, with such
time to be accrued on a daily ( calendar day) basis. Vacation leave can be used in 15
minute increments.
All management employees (except Fire Battalion Chiefs) shall earn vacation on the
following basis:
Beginning with the first (1st) working day through the completion of five (5)
full calendar years of continuous service -13 minutes/day.
Beginning the sixth (6th) year of employment through the completion often
(10) full calendar years of continuous service -20 minutes/day.
Beginning the eleventh (11th) year of employment through the completion of
eleven (11) full calendar years of continuous service -21 minutes/day.
Beginning the twelfth (12th) year of employment through the completion of
twelve (12) full calendar years of continuous service -22 minutes/day.
Beginning the thirteenth (13th) year of employment through the completion
of thirteen (13) full calendar years of continuous service -24 minutes/day.
Beginning the fourteenth (14th) year of employment through the completion
of fifteen ( 15) full calendar years of continuous
service -25 minutes/day.
Beginning the sixteenth (16th) year of continuous employment, vacation time
shall be accrued, and remain at a rate of 26 minutes/day for every full
calendar year of continuous employment thereafter.
Management employees with comparable service may be granted credit for such
service for the purpose of computing vacation at the discretion of the City Manager.
All management employees shall be permitted to earn and accrue up to and including
three hundred and twenty (320) hours of vacation, and no employee will be allowed
to earn and accrue vacation hours in excess of the three hundred and twenty (320)
hour maximum.* The City Manager shall be responsible for the granting of vacation
6 Dec. 10, 2019 Item #1 Page 23 of 38
Management Compensation and Benefits Plan
to all management personnel, except in the case of the City Attorney's Office, where
the City Attorney shall be responsible for granting vacation.
* If there are unusual circumstances that would require an employee to exceed the vacation accrual
maximum, he/she must submit a request in writing to the Department Head and the City Manager or
Designee. The Department Head and the City Manager or Designee may grant such a request if it is
in the best interest of the City. Requests will be handled on a case-by-case basis and will be
considered only in extreme circumstances.
Fire Battalion Chiefs shall accrue vacation in the same manner and up to the same
maximum as Carlsbad Firefighters' Association (CF A) represented employees.
b. Vacation Conversion
Each February, management employees will be allowed to voluntarily convert up to
80 hours of accrued vacation to cash, provided that they have used 80 hours of
vacation, executive time or floating holiday during the prior calendar year. Fire
Battalion Chiefs that work 112 hours per bi-weekly pay period will be allowed to
voluntarily convert up to 112 hours of accrued vacation to cash, provided that they
have used 112 hours of vacation, executive time or floating holiday during the prior
calendar year.
c. Vacation Payout
An employee separating from the City service who has a balance of unused accrued
vacation leave shall be entitled to be paid for the remainder of their unused accrued
vacation leave as of their last day on payroll.
2. Executive Leave (E-time)
Effective July 1, 2018, all management personnel shall receive sixty-four (64) hours per
fiscal year for executive leave. The sixty-four ( 64) hours will be credited upon hire or
promotion into management and at the beginning of each fiscal year to individual leave
balances. This leave must be used within the same fiscal year. The City Manager is
authorized to provide ten (10) additional hours of executive leave per year to any
management employee who is required to work extended hours due to emergencies such as
fires, storms, floods, or other emergencies.
3. Sick Leave
Sick leave can be used in 15 minute increments.
Sixteen ( 16) minutes of sick leave are accrued per calendar day. Accumulation is unlimited
( employees cannot receive payment for unused sick leave). Fire Battalion Chiefs that work
112 hours per bi-weekly pay period shall accrue sick leave commensurate with CFA
represented employees that work at 112 hours per bi-weekly pay period.
Any management employee who has accrued and maintains a minimum of one hundred
(100) hours of sick leave shall be permitted to convert up to twelve (12) days of sick leave
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Management Compensation and Benefits Plan
and uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1)
day of vacation. The sick leave conversion option will be provided during the first week of
each fiscal year. Conversion can only be made in increments of full day vacation days.
Employees will not be allowed to convert sick leave to vacation if such conversion would
put them over the vacation accrual maximum.
Any permanent employee applying for retirement with the Public Employees' Retirement
System may convert accrued and unused sick leave time to extend service time in the system
at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service.
4. Bereavement Leave
An employee may use up to an equivalent of three work days of paid leave if required to be
absent from duty due to the death of a member of the employee's immediate family.
Additional time off may be authorized by the Department Head and charged to accrued
vacation or sick leave or, when no accrued leave is available, treated as leave without pay.
The "immediate family" shall be defined in the personnel rules and regulations.
The employee may be required to submit proof of relative' s death before final approval of
bereavement leave is granted.
5. Leave of Absence Without Pay
a. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of his/her Department Head for less than two calendar weeks. If the
duration of the leave of absence will be longer, the approval of the City Manager or
his/her designee is required.
An employee shall utilize all his/her vacation, e-time and/or sick leave (if applicable)
prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
2. To take a course of study which will increase the employee's
usefulness on return to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department
Head.
b. Authorization Procedure
Revised 11112/19
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin, the
probable date of return, and the agreement to reimburse the City for any benefit
premiums paid by the City during the leave of absence. The request shall normally
be initiated by the employee, but may be initiated by his/her Department Head, and,
8 Dec. 10, 2019 Item #1 Page 25 of 38
Management Compensation and Benefits Plan
if applicable, shall be promptly transmitted to the City Manager or his/her designee
for approval. A copy of any approved request for leave of absence without pay with
a duration equal to or greater than two calendar weeks shall be delivered promptly to
the Directors of Finance and Human Resources.
c. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six months,
unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that the
request for extension is made no later than fourteen ( 14) calendar days prior to the
expiration of the original leave.
d. Return From Leave
When an employee intends to return from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans to
return. The Department Head shall promptly notify the Human Resources
Department of the employee's intention. The employee shall return at a rate of pay
not less than the rate at the time the leave of absence began.
e. Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits by
reimbursing the City for the employee's costs of insurance on a monthly basis during
the period of the leave. Failure to reimburse the City for such benefits during the
term of a leave of absence will result in the employee's coverage terminating on the
first day following the month in which the last payment was received.
Upon the employee's return to paid status, any sums due to the City shall be repaid
through payroll deductions. This applies to sums due for insurance as well as other
payment plans entered into between the City and the employee ( e.g., computer loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees (e.g., holiday pay), unless required by law.
6. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with the
provisions of State and Federal law. An employee disabled by pregnancy shall be allowed
to utilize a combination of accrued sick leave and vacation time and leave without pay to
take a leave for a reasonable period of time, not to exceed four months. An employee shall
utilize all accrued leave prior to taking leave without pay. Reasonable period of time means
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that period during which the employee is disabled on account of pregnancy, childbirth, or
related conditions.
An employee who plans to take a leave pursuant to this article shall give the City reasonable
notice of the date the leave shall commence and the estimated duration of the leave.
7. Family and Medical Leave of Absence (FMLA)
An employee may be granted a FMLA of up to 12 weeks ina 12 month period for one or
more of the following reasons:
for the birth/placement of a child for adoption or foster care,
to care for an immediate family member with a serious health condition, or
to take medical leave when the employee is unable to work because of a serious
condition.
FMLA may be paid or unpaid and may be granted concurrently and in conjunction with
other leave and benefit provisions. Specific details regarding the provisions of this leave are
available by contacting the Human Resources Department.
8. Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federal
law. The employee must furnish satisfactory proof to his/her Department Head, as far in
advance as possible, that he/she must report to military duty.
9. Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the shift. Employees shall be entitled to keep mileage reimbursement paid
while onjury duty.
A Department Head may, at his/her sole discretion, contact the court and request an
exemption and/or postponement of jury service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the work day. At the discretion of the supervisor, an employee may be
released from reporting back to work if an unreasonable amount of the work day remains in
light of travel time to the job site after release.
10. Extended Leave of Absence
Upon completion of 84 consecutive calendar days (12 weeks) ofleave of absence (paid or
unpaid and except when leave is ordered by the city or when an employee is on an active
duty military leave) 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:
• accrual of sick leave and vacation,
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• cell phone allowance,
• car allowance and
• holiday pay for Fire Battalion Chiefs.
On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee's
vacation anniversary date and seniority (calculation of continuous service with the City)
will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive
calendar days or the completion of a leave of absence related to Section 4850 of the Labor
Code, whichever was longer.
Separation Compensation
All management employees involuntarily separated from the City service due to budget cutbacks,
layoffs, contracting out of service or for other reasons not due to misconduct which would justify
involuntary separation shall receive one month's salary computed at the employee's actual salary at
the time of separation.
Holidays
All management employees shall be paid holidays in accordance with the schedule of eleven (11)
holidays as established by the City Council. Fire Battalion Chiefs are subject to the same holiday
schedule that is outlined for management employees. However, they are compensated for holidays
in the same manner as CFA represented employees that work 112 hours per bi-weekly pay period.
The scheduled paid holidays that will be official City holidays shall be as follows:
New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Only employees who are on employed status on their last scheduled work day before a holiday shall
be entitled to the paid holiday except where otherwise required by law.
Effective July 1, 2019, all management employees will receive two floating holidays per fiscal year,
each year on July 1st.
The floating holiday may be used at the discretion of the employee with prior approval of the
employee's supervisor. The floating holiday must be taken as a full day off. There is no partial day
use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of
hours in the employee's regular work shift on that day. Unused floating holidays will not carry over
to the next fiscal year and will not paid out upon separation of employment.
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Health Benefits
Management employees will participate in a flexible benefits program which includes medical
insurance, dental insurance, vision insurance, flexible spending accounts (FSAs) and Accidental
Death & Dismemberment insurance (AD&D). Each of these components is outlined below.
1. Medical Insurance
Management employees will be covered by the Public Employees' Medical and Hospital Care
Act (PEMHCA) and will be eligible to participate in the California Public Employees'
Retirement System (CalPERS) Health Program. The City will pay on behalf of all management
employees and their eligible dependents and those retirees mentioned in the section of this
document titled, "Health Insurance for Retirees," 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 January 1, 2018, the City will contribute the following monthly amounts (called
"Benefits Credits") on behalf of each active management employee and eligible dependents
toward the payment of 1) medical premiums under the CalPERS Health Program, 2)
contributions in the name of the employee to the City's flexible spending account(s), 3) dental
premiums 4) vision premiums and/or 5) accidental death and dismemberment (AD&D)
premiums:
(a)
(b)
(c)
For employees with "Employee" coverage, the City shall contribute five
hundred seventy-three ($573) per month that shall include the mandatory
payments to CalPERS. If the actual total premiums exceed the City's total
contributions, the employee will pay the difference.
For employees with "Employee Plus One" coverage, the City shall contribute
one thousand one hundred forty-six dollars ($1,146) per month that shall
include the mandatory payments to CalPERS. If the actual total premiums
exceed the City's total contributions, the employee will pay the difference.
For employees with "Family" coverage, the City shall contribute one
thousand five hundred two dollars ($1,502) per month that shall include the
mandatory payments to CalPERS. If the actual total premiums exceed the
City's total contributions, the employee will pay the difference.
Subsequently, effective January 1 of each calendar year, the City monthly Benefits Credits will
change for each coverage level. The monthly Benefits Credits 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.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as
taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the
medical insurance purchased by the employee, the employee will have the option of using any
"excess credits" to purchase dental, vision, or accidental death and dismemberment (AD&D)
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insurance or to contribute to a healthcare or dependent care flexible spending account (FSA),
instead of receiving taxable cash.
All management employees who work three quarter-time or less will receive prorated Benefits
Credits.
2. Dental Insurance
Management employees will be eligible to enroll in or waive enrollment in a City-sponsored
dental plan at any coverage level.
3. Vision Insurance
Management employees will be eligible to enroll in or waive enrollment in a City-sponsored
vision insurance plan at any coverage level.
4. Waiver Provision
Management 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 dollar amount paid by the City for employees who elect the waiver provision may change in
the first pay period of each calendar year. The Benefits Credits associated with waiving medical
coverage will be set equal to 50% of the Benefits Credits associated with Employee medical
coverage. If this results in a situation where the unused benefit credits associated with any
medical plan exceed the benefit credits associated with waiving medical coverage, the benefit
credits associated with waiving medical coverage will be set equal to one dollar ($1) above the
unused benefit credits associated with that medical plan.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as
taxable income.
Health Insurance for Retirees
Effective January 1, 2001, management employees will be covered by the Public Employees'
Medical and Hospital Care Act and will be eligible to participate in the California Public
Employees' Retirement System (CalPERS) Health Program. Management employees who retire
from the City, either service or disability, shall be eligible to continue their enrollment in the
CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to
enroll in a CalPERS medical plan at the time of separation from employment and their effective
date of retirement is within 120 days of separation. The City will contribute the minimum amount
per month required under Government Code Section 22892 of the PEMHCA toward the cost of
each retiree's enrollment in the CalPERS Health Program.
Employees who retire from the City, either service or disability, shall be eligible to elect, upon
retirement to participate in the City's dental and/or vision insurance programs as a retiree. The cost
of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely
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by the retiree. An individual who does not choose coverage upon retirement, or who chooses
coverage and later drops it is not eligible to return to the City's dental and vision insurance
program.
The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance
and the retiree must keep such payments current to ensure continued coverage.
Physical Fitness Reimbursement
All management employees shall be eligible for reimbursement of up to the amount of four hundred
fifty dollars ($450) during each fiscal year for the costs associated with physical fitness.
Each employee claiming reimbursement shall be required to submit original receipts to the Human
Resources department for approval and reimbursement.
The physical fitness reimbursement is offered to management employees to promote optimum
health. Services include, but are not limited to: health assessment testing and examinations,
computerized heart risk profile, complete blood profile, fees paid to physical fitness providers,
nutritional assessment and diet program.
Short-Term and Long-Term Disability Insurance
Short-Term Disability
Effective January 1, 2020, short-term disability insurance is available for all management
employees and the insurance premium is paid by the city. The insurance shall provide for a seven
(7) calendar day waiting period prior to payment eligibility and the short-term disability benefits
shall be provided at 60% of the employee's pre-disability base salary, up to a maximum base salary
of$150,000.
Long-Term Disability
Long-term disability is available for all management employees and the insurance premium is paid
by the city. Effective January 1, 2020, the waiting period prior to payment eligibility shall be ninety
(90) calendar days and the long-term disability benefits shall be provided at 66 2/3% of the
employee's pre-disability base salary, up to a maximum base salary of $150,000.
Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off ( e.g., vacation, sick leave) during the disability
insurance waiting period. The employee shall combine accrued paid time off, except for accrued
sick leave, with short-term and long-term disability payments for the purpose of achieving the
equivalent of their base salary while receiving the disability payments.
Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability Leave
of Absence as of December 31, 2019
An employee who is on a short-term or long-term disability leave of absence as of December 31,
2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage
with the city's new disability insurance provider as of January 1, 2020 without having to repeat the
waiting period.
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Management Compensation and Benefits Plan
Paid Family Leave
Effective January 1, 2020, per Administrative Order No. 84, all management employees will be
eligible for 160 hours per year of paid family leave to care for an immediate family member or bond
with a new child.
Deferred Compensation
The City shall provide deferred compensation plan(s) which may be utilized by any management
employee. The City reserves the right to accept or reject any particular plan and to impose specific
conditions upon the use of any plan. It is acknowledged that the City will assist in the
administration of this benefit but that the City has no liability if an employee should default on the
repayment of such a loan.
Drug and Alcohol Policy
It is the policy of the City of Carlsbad to provide a work environment free from the effects of drugs
and alcohol consistent with the directives of the Drug Free Workplace Act.
The City provides a voluntary Employee Assistance Program (EAP) to assist employees who seek
help for substance abuse or other personal problems affecting work or family life. This program is
available to employees and their family members and offers 24-hour access to confidential
professional EAP assistance for emergency or urgent situations. For more specific information,
contact the Human Resources Department or visit the City's intranet site.
Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS
Reimbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and
maintenance of required uniforms shall be $34.62 per pay period.
Effective May 31, 2010, all fire management employees who are required to wear City-provided
uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation
related to the monetary value of the required uniforms, excluding boots.
Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.
Fire Safety Management
1. Post-Retirement Healthcare Trust
Employees promoted into a fire safety management classification from a position represented by
CF A, Inc. after the establishment of the post-retirement healthcare trust by CF A, Inc. shall
contribute into the post-retirement healthcare trust established by CF A, Inc. via payroll deductions
until participation by CF A, Inc., in this type of trust is terminated. The employee contribution
amount shall be equal to the amount established for employees represented by CF A, Inc. In
addition, the city will make monthly contributions per fire safety management employee who is
contributing to the trust. The city contribution amount will be equal to the amount established for
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Revised 11 / 12/19 Dec. 10, 2019 Item #1 Page 32 of 38
Management Compensation and Benefits Plan
employees represented by CF A, Inc. The City has no administrative responsibilities or liabilities
related to this benefit, other than processing of payroll contributions as described above.
2. Overtime
The classifications of Fire Chief, Fire Division Chief, Fire Battalion Chief and Fire Marshal are
exempt from overtime requirements under FLSA. However, Fire Battalion Chiefs are paid
straight time for overtime when they are covering the duty for a Battalion Chief who is on a
leave of absence and when they are directed to attend a mandatory training class associated with
the rank of Battalion Chief on a non-scheduled work day.
Through the California Fire and Rescue Mutual Aid System and California Fire Assistance
Agreement (CFAA), and at the request of the California Governor's Office of Emergency
Services (Cal OES), California Department of Forestry and Fire Protection (CAL FIRE),
Federal Fire Agencies or other fire agencies, City of Carlsbad Fire Department personnel can be
assigned to locations throughout California in the event of a local, State, or Federal emergency.
In the event this occurs, employees in the classification of Fire Division Chief and Fire Marshal
who are assigned to the emergency location are paid straight time for overtime (portal to portal)
beginning at the time of dispatch to the return to jurisdiction and employees in the classification
of Fire Battalion Chief who are assigned to the emergency location are paid at a rate of 1.5 for
overtime (portal to portal) beginning at the time of dispatch to the return to jurisdiction.
Special Assignment and Temporary Upgrade Pay
Whenever the needs of the City require an employee to temporarily perform the duties of a job
classification that has a higher pay range than the pay range associated with their current job
classification for a period of more than twenty-one (21) calendar days, the employee shall be
designated as being in a special assignment and receive additional temporary upgrade pay. In such
cases, the employee shall be paid at an appropriate level which will assure an increase of not less
than five percent (5%) greater than his/her current salary. Subsequent to designation in a special
assignment, in the event that the situation changes and the City does not need the employee to serve
in the assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive
the temporary upgrade pay for that period of time the assignment lasts. In the event that at the
beginning of a special assignment, it is not perceived that the assignment will last at least twenty-
one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one
(21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade
pay retroactive to the first day of the acting assignment.
No employee shall be required to perform any of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department Head. Exceptions to the
minimum qualifications criteria may be recommended by the affected Department Head on a case
by case basis. If the employee does not meet the minimum qualifications for the higher
classification he/she shall receive not less than 2.5% temporary upgrade pay.
The temporary upgrade pay shall commence on the first (1st) calendar day of the special
assignment. The recommendation that an employee be placed in a special assignment shall be put in
writing by the affected Department Head and submitted to the Human Resources Director for
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Revised 11/12/19 Dec. 10, 2019 Item #1 Page 33 of 38
Management Compensation and Benefits Plan
approval. The employee shall not serve for more than one hundred and eighty (180) calendar days
in a special assignment unless approved by the City Manager or his/her designee.
If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the
city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their
special assignment shall cease on the twenty-second (22nd) day. On the day that the employee
returns to work, if the supervisor determines that the employee is required to continue to perform
the duties of the special assignment, the temporary upgrade pay will resume as of the day the
employee returns to work.
A person in a special assignment shall be eligible to receive pay increases in his/her regular position
during the special assignment. The Human Resources Director shall obtain the employee's consent
for the special assignment prior to the employee's assuming or continuing the duties and additional
compensation, which shall clearly state that it is understood that a reduction in salary will occur due
to cessation of the temporary upgrade pay upon the expiration of the need for the special
assignment.
Educational Incentive
Effective January 1, 2019, employees in the classifications of Police Chief and Assistant Police
Chief who present proof to the Professional Standards Division Sergeant, Carlsbad Police
Department, of evidence of the award of a Management certificate issued by the State of California
Commission on Peace Officer Standards and Training (POST) will be eligible to receive
educational incentive pay in the amount of four hundred sixty-two dollars ($462) 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 educational incentive pay.
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Revised 11/12/19 Dec. 10, 2019 Item #1 Page 34 of 38
Exhibit 2
Life/Accidental Death and Dismemberment (AD&D)-Insurance and Voluntary Benefits
All management employees shall receive City paid life insurance in an amount equal to two
times their base salary up to a maximum benefit of $400,000the basic yearly earnings. To
determine benefits, the amount of insurance is rounded to the next higher $1,000 multiple, unless
the amount equals a $1,000 multiple.
Effective January 1, 2020, all management employees shall receive city paid Accidental Death
and Dismemberment (AD&D) insurance in an amount equal to two times their base salary up to
a maximum benefit of $400,000. 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.
Short-Term and Long-Term Disability Insurance
Short-Term Disability
Effective January 1, 2020, short-term disability insurance is available for all management
employees and the insurance premium is paid by the city. The insurance shall provide for a
seven (7) calendar day waiting period prior to payment eligibility and the short-term disability
benefits shall be provided at 60% of the employee's pre-disability base salary, up to a maximum
base salary of $150,000.
Long-Term Disability
Long term disability is available for all management personnel after 30 calendar days of
disability. The LTD premium cost is paid by the City. Employees shall be entitled to combine
accumulated vacation leave or e time with LTD payments for the purpose of achieving the
equivalent of their pre disability salary to the extent allowed by law during any period of
nonindustrial disability. Accumulated sick leave may not be combined with LTD payments.
Under no circumstances shall the combination of accumulated leave and LTD payments exceed
the employee's pre disability salary.
Long-term disability is available for all management employees and the insurance premium is
paid by the city. Effective January 1, 2020, the waiting period prior to payment eligibility shall
be ninety (90) calendar days and the long-term disability benefits shall be provided at 66 2/3% of
the employee's pre-disability base salary, up to a maximum base salary of $150,000.
Use of Accrued Paid Time Off While Receiving Disability Benefits
The employee shall use their accrued paid time off (e.g ., vacation, sick leave) during the
disability insurance waiting period. The employee shall combine accrued paid time off, except
for accrued sick leave, with short-term and long-term disability payments for the purpose of
achieving the equivalent of their base salary while receiving the disability payments.
Dec. 10, 2019 Item #1 Page 35 of 38
Exhibit 2
Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability
Leave of Absence as of December 31, 2019
An employee who is on a short-term or long-term disability leave of absence as of December 31,
2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage
with the city's new disability insurance provider as of January 1, 2020 without having to repeat
the waiting period.
Paid Family Leave
Effective January 1, 2020, per Administrative Order No. 84, all management employees will be
eligible for 160 hours per year of paid family leave to care for an immediate family member or
bond with a new child.
Dec. 10, 2019 Item #1 Page 36 of 38
Administrative Order No. 84
Date: January 1, 2020
To:
From:
Subject:
PURPOSE:
All City Departments
Scott Chadwick, City Manager
FAMILY/PARENTAL LEAVE POLICY
Exhibit 3
{cityof
Carlsbad
The purpose of this Administrative Order is to provide employees with paid Family/Parental Leave to
care for either (1) a seriously ill family member, or, (2) to bond with a new child. This policy is
separate and apart from any rights you may have under the Family and Medical Leave Act or any
other federal of state leave laws, if any. Accordingly, Family/Parental Leave does not waive or limit
any rights or obligations an employee has under local, state or federal law related to family and
medical leave laws. However, Family/Parental Leave may run concurrently on any applicable leave
laws.
POLICY:
Who is Covered Under this Policy?
Currently employed full-time or three quarter-time employees are eligible to receive Family/Parental
Leave if they have been employed and worked with the city for at least thirty consecutive calendar
days.
Leave Entitlement
Family/Parental Leave is pro-rated based on the employee's employment status. Employees in an
approved 50% job sharing arrangement will receive up to a maximum of 80 hours of Family/Parental
Leave. Three-quarter time status employees will receive up to a maximum of 120 hours of
Family/Parental Leave. Full-time status employees will receive up to a maximum of 160 hours of
Family/Parental Leave.
Two City of Carlsbad employees who are married to each other, or are in a domestic partnership, will
each be eligible for their own separate hours of Family/Parental Leave.
The definition of the terms "family" and "child" shall be as defined in the City's Personnel Rules and
Regulations, which is incorporated by reference.
Family/Parental Leave may be applied to one or more eligible event/s per rolling 12-month period,
calculated from the date of the first eligible event and may be taken in a continuous period or
intermittently within a 12-month period.
Any unused Family/Parental Leave will automatically be forfeited at the end of the rolling 12-month
period or upon separation of employment from the City .
City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov
Dec. 10, 2019 Item #1 Page 37 of 38
Use of Leave
To help the City accommodate its staffing needs, when an employee reasonably knows of a future
eligible event that he/she wishes to use leave for (i.e. birth of a child), a Request for Leave of Absence
must be submitted to the Human Resources Department at least 30 calendar days prior to the-first
use of the Family/Parental Leave. ·
If an eligible event is not reasonably foreseeable to an employee at least 30 days in advance, notice to
· use Family/Parental Leave must be given by the employee as soon as reasonably practicable.
Request for Leave of Absence forms are available at the Human Resources Department.
Family Leave to Care for a Seriously Ill Family Member
Request for Leave of Absence and Medical Certification forms must be submitted within 15 calendar
days from the day th~ forms are provided by Human Resources. Failure to provide medical
certification on a timely basis ~ay result in delay or denial of the leave.
Family Leave must be taken in. one-hour increments.
Parental Leave
Request for Leave of Absence and proof of relationship between employee and child (e.g., certificate
of live birth, adoptive placement agreement, foster/guardianship placement record) must be
submitted· within 15 calendar days from the day the forms are provided by Human Resources. Failure
to provide proof of relationship on a timely basis may result in delay or denial of the leave.
Parental Leave must be taken within 12 months of the birth or placement of the child. Leave must be
taken in minimum increments of two weeks. The city shall grant a request for leave of less than two
weeks' duration, with one-hour minimum increments, in its sole discretion.
-During Family/Parental Leave, employees will continue to be eligible for benefit credits. While on
leave, if an employee goes into unpaid status, or has insufficient pay for co-share premiums; they are
required to coordinate co-share premiums wfth Human Resources. The employee remains
responsible to pay all of his/her share of premiums.
dministrative Order is effective January 1, 2020.
City Manager
Dec. 10, 2019 Item #1 Page 38 of 38