HomeMy WebLinkAbout2020-01-14; City Council; ; A Memorandum of Understanding (MOU) with the Carlsbad Firefighters' Association, Inc. and revisions to the Management Compensation and Benefits Plan.~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
January 14, 2020
Mayor and City Council
Scott Chadwick, City Manager
Debbie Porter, Sr HR Analyst
Debbie.Porter@carlsbadca.gov 760-602-2441
Judy Von Kalinowski, HR Director
Judy.VonKalinowski@carlsbadca.gov 760-473-4670
CAReview ~
Subject: A Memorandum of Understanding (MOU) w ith the Carlsbad Firefighters'
Association, Inc. and revisions to the Management Compensation and
Benefits Plan.
Recommended Action
Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City of
Carlsbad and the Carlsbad Firefighters' Association, Inc. (CFA) and the associated CFA Salary
Schedule and classification specification for Paramedic Lifeguard Lieutenant, approving
revisions to the Management Compensation and Benefits Plan and approving a transfer of
$330,000 from the City Council contingency budget in the General Fund.
Executive Summary
Representatives of the city and the CFA 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 CFA is from Jan. 1, 2020 to Dec. 31, 2022.
Pursuant to Gov. Code section 3505.1, the MOU is being presented to the City Council as the
governing body for its consideration. Also, staff recommends updating the Management
Compensation and Benefits Plan for unrepresented management class ifications to clarify items
related to Fire Safety Management employees. Per Carlsbad Municipal Code Section 2.44.020,
the City Council is the governing body authorized to make changes to such documents.
Discussion
The MOU with CFA includes the following provisions:
1. COMPENSATION ADJUSTMENTS:
The MOU states that, effective on Jan. 1 of each of the calendar years 2020, 2021 and 2022,
all represented employees will receive a salary increase equal to 4.5%, 4.5% and 4%,
respectively.
Jan. 14, 2020 Item #4 Page 1 of 157
2. FLEXIBLE BENEFITS PROGRAM:
Retroactive to the first pay period in January 2020, and effective the pay periods that
include Jan. 1, 2021, Jan. 1, 2022, and Dec. 31, 2022, the city's health insurance contribution
will be set to dollar amounts that equate to 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 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 $1 above the
unused benefit credits associated with that medical plan.
3. EDUCATION INCENTIVE:
Education incentive (based on degree or certification from the California State Board of Fire
Services) will increase as follows:
Level 1 will increase from $75 biweekly
• to an amount equivalent of 2.8% of Paramedic Firefighter top step base salary
effective Jan. 1, 2020
• to an amount equivalent of 3.4% of Paramedic Firefighter top step base salary
effective Jan. 1, 2021
• to an amount equivalent of 4.0% of Paramedic Firefighter top step base salary
effective Jan. 1, 2022.
Level 2 will increase from $120 biweekly
• to an amount equivalent of 4.5% of Paramedic Firefighter top step base salary
effective Jan. 1, 2020
• to an amount equivalent of 5.5% of Paramedic Firefighter top step base salary
effective Jan. 1, 2021
• to an amount equivalent of 6.4% of Paramedic Firefighter top step base salary
effective Jan. 1, 2022.
4. PARAMEDIC LICENSE PAY:
Effective Jan. 1, 2020 paramedic license pay for eligible Fire Captains and Fire Engineers
who retain their paramedic license and San Diego County accreditation will increase from
$66.95 biweekly to $110.77 biweekly.
5: ADMINISTRATIVE ASSIGNMENTS:
A CFA-represented employee may be temporarily assigned to an administrative position by
the Fire Chief or his/her designee. While on this assignment, the employee shall receive an
additional 15% above their base pay.
6. POST-RETIREMENT HEALTHCARE TRUST:
Effective Jan. 1, 2020, the city contribution to an employee's Post-Retirement Healthcare
Trust shall increase from $25 to $100 per month. Effective Jan. 1 of calendar years 2021
and 2022, this city contribution shall increase to $125 and $150 per month, respectively.
Jan. 14, 2020 Item #4 Page 2 of 157
7. DEFERRED COMPENSATION:
Effective Jan. 1, 2020, and through the end of the term of the MOU, the city will contribute
a dollar amount into a deferred compensation plan for those employees who are in the
city's Safety Tier 3 retirement group. The dollar amount will be determined by calculating
the difference between the employee retirement contribution rates for Safety Tier 3
employees and Safety Tier 1 and 2 employees, then multiplying the difference by an
employee's salary.
8. BEREAVEMENT LEAVE:
Effective upon ratification of the MOU, bereavement leave will increase from two to three
shifts.
9. SURVEY MARKET:
In order to maintain market competitiveness so that the city continues to attract and retain
the most qualified employees, the survey market for CFA has been adjusted.
10. PARAMEDIC LIFEGUARD LIEUTENANT:
A new job classification of Paramedic Lifeguard Lieutenant was created (Attachment C to
the resolution).
11. SICK LE:AVE CONVERSION:
Once a year, an employee may elect to convert some of their accrued sick leave to vacation
at a ratio of 3:1 as long as the conversion does not cause them to exceed the vacation
accrual maximum.
12. RE-OPENERS:
The city and CFA agree that at any time during the term of the MOU, either party may ask to
meet and confer to discuss those additional items listed in Article 4 of the CFA MOU
(Attachment A). Any changes shall be by mutual agreement only.
13. Language changes were made to the CFA MOU as outlined in Exhibit 2.
The above-mentioned provisions are incorporated in the CFA MOU (Attachment A), CFA Salary
Schedule (Attachment B) and job classification of Paramedic Lifeguard Lieutenant (Attachment
C), attachments to the Resolution.
As a result of the changes described above, staff recommends adjustments to the Management
Compensation and Benefits Plan as shown in Exhibit 3 to clarify items related to Fire Safety
Management. These provisions are incorporated in the attached Management Compensation
and Benefits Plan (Attachment D to the Resolution).
Fiscal Analysis
The estimated annual fiscal impact associated with the actions described above is broken down
and described below.
Jan. 14, 2020 Item #4 Page 3 of 157
• The annual costs of the salary increases included in the CFA MOU on Jan. 1, 2020, Jan. 1,
2021, and Jan. 1, 2022 are estimated to be $552,100 and $577,000, and $535,900
respectively. These costs include salary and related benefits.
• The annual costs of the increase to health benefit credits on Jan. 1, 2020, Jan. 1, 2021,
Jan. 1, 2022 and Dec. 31, 2022 are estimated to be $67,000 and $70,000, $74,000 and
$77,000 respectively.
• The annual costs of the increase to education incentive for CFA represented employees
on Jan. 1, 2020, Jan. 1, 2021, and Jan. 1, 2022 are estimated to be $85,700 and $95,000,
and $95,000 respectively. This cost includes pay and related benefits.
• The annual cost of the increase to paramedic license pay is estimated to be $65,700.
This cost includes pay and related benefits.
• The annual cost of administrative assignment pay is estimated to be $58,500. This cost
includes pay and related benefits.
• The annual costs of the increase to the city contribution to an employee's Post-
Retirement Healthcare Trust on Jan. 1, 2020, Jan. 1, 2021, and Jan. 1, 2022 are
estimated to be $72,900 and $37,900, and $37,900 respectively. This cost includes pay
and related benefits.
• The annual cost of the of the increase to the city contribution to deferred compensation
on Jan. 1, 2020, Jan. 1, 2021, and Jan. 1, 2022 are estimated to be $39,100 and $23,000,
and $23,000 respectively. This cost includes pay and related benefits.
• The annual cost of the increase to bereavement leave is estimated to be $13,000. 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 FY 2019-20 for all items retroactive to Jan. 1, 2020,
including salaries and benefits, is $477,000. Of this total, $147,000 is included in the adopted
FY 2019-20 budget. A transfer of $330,000 from the City Council contingency budget in the
General Fund is requested to fund the remaining fiscal impact.
Funding for changes listed above that occur in the future will be included in subsequent
adopted budgets.
Next Steps
Staff will implement the provisions of the CFA MOU, CFA Salary Schedule, job classification of
Paramedic Lifeguard Lieutenant and the Management Compensation and Benefits Plan 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.
Jan. 14, 2020 Item #4 Page 4 of 157
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 CFA
3. Strike-out copy of the Management Compensation and Benefits Plan
Jan. 14, 2020 Item #4 Page 5 of 157
RESOLUTION NO. 2020-003
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
FIREFIGHTERS' ASSOCIATION, INC. (CFA) AND THE ASSOCIATED CFA
SALARY SCHEDULE AND PARAMEDIC LIFEGUARD LIEUTENANT
CLASSIFICATION SPECIFICATION, APPROVING A REVISED
MANAGEMENT COMPENSATION AND BENEFITS PLAN AND
APPROVING A TRANSFER OF $330,000 FROM THE CITY COUNCIL
CONTINGENCY BUDGET IN THE GENERAL FUND.
WHERAS, the City of Carlsbad and the Carlsbad Police Officers' Association (CFA) 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), marked
Attachment A, and incorporated by reference herein, 2) a revised salary schedule, marked
Attachment B, and incorporated by reference herein and 3) a Paramedic Lifeguard Lieutenant
classification specification, marked Attachment C, and incorporated by reference herein; and
WHEREAS, the City of Carlsbad Human Resources Department has reviewed the
Management Compensation and Benefits Plan and determined revisions are necessary; and
WHEREAS, the City Council has determined it to be in the public interest to accept such
revisions in the form of the Management Compensation and Benefits Plan, marked Attachment
D, and incorporated by reference herein; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that funds
in the amount of $147,000 were previously appropriated to the fiscal year 2019-20 General Fund
budget for the negotiated MOU changes for CFA; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that funds
in the amount of $330,000 will be transferred from the City Council contingency budget in the
General Fund to fund the remaining fiscal impact.
Jan. 14, 2020 Item #4 Page 6 of 157
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 MOU 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.
3. That Attachment B, the CFA Salary Schedule, attached hereto is hereby adopted.
4. That Attachment C, the Paramedic Lifeguard Lieutenant classification
specification, attached hereto is hereby adopted.
5. That Attachment D, the revised Management Compensation and Benefits Plan,
attached hereto is hereby adopted.
6. That the deputy city manager-administrative services is authorized to transfer
$330,000 from the City Council Contingency budget in the General Fund.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of January 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
(SEAL)
I ,,' , I I I I I , ,.-. I
Jan. 14, 2020 Item #4 Page 7 of 157
Attachment A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
Term: January 1, 2020 -December 31, 2022
TABLE OF CONTENTS
Preamble Page 1
Article 1 Recognition Page 1
Article 2 Implementation Page 1
Article 3 Term Page 1
Article 4 Renegotiation Page 1
Article 5 Retention of Benefits Page 2
Article 6 City Rights Page 2
Article 7 No Strike and No Lockout Page 3
Article 8 Compensation Adjustments Page 3
Article 9 Bereavement Leave Page 3
Article 10 Short-Term and Long Term Disability Insurance Page 4
Article 11 Annual Vacation Leave Page 5
Article 12 Sick Leave Accrual Page 8
Article 13 Bilingual Pay Page 9
Article 14 Linen Provision, Maintenance, and Replacement Page 10
Article 15 Flexible Benefits Program Page 10
Article 16 Holidays Page 12
Article 17 Retirement Benefits Page 13
Article 18 Provision of 1959 PERS Survivors' Benefit Page 14
Article 19 Overtime for Employees Working a
112 Hour/Pay Period Schedule Page 14
Article 20 Overtime for Employees Working an 80 Hour/Pay
Period Schedule Page 14
Article 21 Americans With Disabilities Act Page 17
Article 22 Family Leave Act Page 17
Article 23 Discipline of Employee Page 18
Article 24 Grievance Procedure Page 23
Article 25 Alcohol and Drug Policy Page 26
Article 26 Authorized Agents Page 31
Article 27 Full Understanding, Modification, Waiver Page 31
Article 28 Provisions of Law Page 32
Article 29 Paramedic License Pay Page 32
Article 30 Reporting Value of Uniforms to CalPERS Page 32
Article 31 Acting Pay Page 32
Jan. 14, 2020 Item #4 Page 8 of 157
Article 32 Deferred Compensation Page 33
Article 33 Leave of Absence Page 33
Article 34 Military Leave Page 37
Article 35 Jury Duty Page 37
Article 36 Life/Accidental Death & Dismemberment (AD&D)
Insurance and Voluntary Benefits Page 38
Article 37 Probationary Period Page 38
Article 38 Post-Retirement Healthcare Trust Page 38
Article 39 Outsourcing Page 39
Article 40 Survey Market Page 39
Article 41 Education Incentive Page 39
Article 42 Wellness Page 41
Article 43 Paid Family Leave Page 42
Appendix A Requirements to be "Certified", Serve in an "Acting"
Capacity and Apply for a Promotion, thru December
31,2020 Page 43
Appendix B Requirements to Apply for a Promotion and Serve
in an "Acting" Capacity, Effective January 1, 2021 Page 45
Appendix C Compensation and Benefits Summary -Employees
Working a Reduced FTE Schedule Page 46
ii
Jan. 14, 2020 Item #4 Page 9 of 157
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 Firefighters' Association, Inc. (hereinafter referred to as CF A or
"CFA, Inc.").
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
"Memorandum") to promote and provide for harmonious relations, cooperation, and
understanding between the city management representatives and the local safety fire 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. In cases where there is a conflict between this Memorandum and the Carlsbad
Fire Department Directives, this Memorandum shall prevail.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CF A, Inc. as the majority representative for all classifications in
this Unit, as set forth in the Petition for Recognition, submitted November 3, 1991, in accordance
with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City
Council following ratification of the Memorandum by the membership of CF A, Inc. It is agreed
that this Memorandum shall not be binding upon the parties, either in whole or in part, unless and
until the City Council acts by majority vote to formally approve and adopt this Memorandum. It
is further agreed that, if the City Council approves and adopts this Memorandum, city management
will act in a timely manner to make the changes or recommend the City Council make the changes,
in city ordinances, resolutions, rules, policies, and procedures necessary to implement this
Memorandum.
ARTICLE 3. TERM
The term of this Memorandum shall be from January 1, 2020, through December 31, 2022.
ARTICLE 4. RENEGOTIATION
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum, that party shall serve upon the other a notice of such intent. During the term of this
Jan. 14, 2020 Item #4 Page 10 of 157
Memorandum, the parties agree to meet and confer upon request of the other party to discuss
additional changes to this Memorandum in accordance with the Meyers-Milias-Brown Act
(MMBA). In addition, the parties may meet and confer on the items listed below.
• Health insurance benefits in order to reduce or eliminate penalties under the ACA. Any
changes shall be by mutual agreement only.
• Employee cost sharing toward the City's required contribution to CalPERS for CFA
members 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). Any changes shall be by mutual agreement only.
• Eligibility for 4850 benefits for classifications in the Fire Prevention Bureau. Any
changes shall be by mutual agreement only.
• Establishment of an Association Leave Bank. Any changes shall be by mutual agreement
only.
• Options for employees to increase contributions to the Post-Retirement Healthcare Trust
and options for establishment of individual accounts. Any changes shall be by mutual
agreement only.
ARTICLE 5. RETENTION OF BENEFITS
The employees represented by CF A, Inc., shall retain all present benefits for the term of this
agreement, as amended by this Memorandum, subject to the following provisions:
• Matters That Fall Within the Scope of Representation:
•
The city agrees to give advance notice and opportunity to meet and confer on the
subject of current wage levels and benefits, and other matters which fall within the
scope of representation, such as, but not limited to, material modifications to
personnel rules and Fire Department directives, before taking any action
impaccting employees within the bargaining unit.
Management Rights:
The city's decisions regarding staffing levels, station closures, layoffs,
reorganization, contracting out bargaining unit work to third parties, and furloughs
which the city may elect to utilize to address fiscal difficulties it faces now or in the
future, are management rights. Nevertheless, the city agrees to give advance notice
and the opportunity to discuss these subjects before taking any action impacting
employees within the bargaining unit.
ARTICLE 6. CITY RIGHTS
The rights of the city include, but are not limited to the exclusive right to determine the mission
of its constituent departments, commissions, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; contract out, after meeting and conferring over decision and effects,
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Jan. 14, 2020 Item #4 Page 11 of 157
bargaining unit work to third parties; maintain the efficiency of governmental operations;
determine the methods, means, and personnel by which government operations are to be
conducted; determine the content of job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its organization and
the technology of performing its work.
ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. No Strike. During the term of this Memorandum and in accordance with Labor Code
Section 1962, neither the employees nor any agents or representatives will instigate,
promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown,
concerted stoppage of work, sickouts, or any other intentional disruption of the operations
of the city, regardless of the reason for so doing.
B. Penalty. If a strike occurs in violation of Article 7 .A. or Labor Code Section 1962, the city
may utilize any legal remedies available to it to halt the strike. In addition, any employee
engaging in activity prohibited by Article 7.A. or Labor Code Section 1962, or who
instigates or gives leadership to such activity, shall be subject to disciplinary action.
C. No Lockout. During the term of this Memorandum, the city will not instigate a lockout
over a dispute with the employees so long as there is no breach of Section 7 .A.
D. Association Official Responsibility. Each employee who is an officer of CF A, Inc.
occupies a position of special trust and responsibility in maintaining and bringing about
compliance with the provisions of this Article. The employees agree to inform members
of their obligations under this Memorandum and Labor Code Section 1962 and to direct
them to return to work.
E. Non-discrimination Clause. Neither city nor CF A, Inc. 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 CF A, Inc. activity or because of the exercise
of any right provided to the employees by this Memorandum.
ARTICLE 8. COMPENSATION ADJUSTMENTS
Effective January 1, 2020, all CF A represented employees will receive a 4.5% base salary increase.
Effective January 1, 2021, all CF A represented employees will receive a 4.5% base salary increase.
Effective January 1, 2022, all CF A represented employees will receive a 4.0% base salary increase.
Any step increases granted shall be effective on the employee's anniversary date or date of
promotion.
ARTICLE 9. BEREAVEMENT LEA VE
In the event of the death of an employee's immediate family member, the employee may take up
to three (3) shifts of paid time off for bereavement. Bereavement leave must be taken within one
year of the event. Additional time off may be authorized by the Fire Chief or his/her designee and
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Jan. 14, 2020 Item #4 Page 12 of 157
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 as: a spouse, domestic partner, child, grandchild, member
of immediate household, sibling, parent, or grandparent whether biological, foster, step, adopted,
or in-law. It also includes any person who has served in place of a parent to the employee, or any
person for whom the employee has served in place of a parent. The term "child" means a
biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a
child of a person standing in loco parentis. The term "parent" means a biological, foster, or
adoptive parent, a stepparent, or a legal guardian.
The employee may be required to submit proof of the family member's death before being granted
bereavement leave.
ARTICLE 10. 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% of the employee's pre-disability base salary, up
to a maximum base salary of $150,000.
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.
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ARTICLE 11. ANNUAL VACATION LEAVE
A. Basis of Accrual
The annual vacation leave accrual schedule for all employees working a 112 hour/pay period
schedule will be:
Less than 3
3 through 4.99
5 through 9. 99
10 through 10.99
11 through 11.99
12 through 12.99
13 through 14.99
15 or more
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
-21 minutes/day
-26 minutes/day
-32 minutes/day
-34 minutes/day
-36 minutes/day
-38 minutes/day
-40 minutes/day
-42 minutes/day
The annual vacation leave accrual schedule for all employees working an 80 hour/pay period
schedule:
Less than 3
3 through 4.99
5 through 9. 99
10 through 10.99
11 through 11.99
12 through 12.99
13 through 14.99
15 or more
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
-13 minutes/day
-16 minutes/day
-20 minutes/day
-21 minutes/day
-22 minutes/day
-24 minutes/day
-25 minutes/day
-26 minutes/day
Vacation leave is accrued on a daily basis. Vacation leave can be used in 15 minute increments.
A CF A-represented employee who is reinstated, as defined in the City of Carlsbad Personnel
Rules and Regulations, upon reinstatement, shall resume the same vacation accrual rate that
the employee had at the time of their separation.
When an employee changes from a 112 hour/pay period schedule to an 80 hour/pay period
schedule, the employee's vacation balance (number of hours of accrued and unused vacation)
is divided by 1.4 so that the dollar value of the employee's vacation balance at the time of the
change remains the same.
When an employee changes from an 80 hour/pay period schedule to a 112 hour/pay period
schedule, the employee's vacation balance (number of hours of accrued and unused vacation)
is multiplied by 1.4 so that the dollar value of the employee's vacation balance at the time of
the change remains the same.
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B. Vacation Accrual Maximum
All employees working a 112 hour/pay period schedule shall be entitled to earn and accrue
up to and including four hundred and forty-eight ( 448) hours of vacation. No employee
working a 112 hour/pay period schedule will be allowed to earn and accrue vacation hours
in excess of the four hundred and forty-eight (448) hour maximum.
All employees working an 80 hour/pay period schedule shall be entitled to earn and accrue
up to and including three hundred and twenty (320) hours of vacation. No employee
working an 80 hour/pay period schedule will be allowed to earn and accrue vacation hours
in excess of the three hundred and twenty (320) hour maximum.
Department Heads will encourage the taking of accrued vacation leave. If there are unusual
circumstances that would require an employee to exceed the vacation accrual maximum,
he/she must submit a request in writing to the Fire Chief or his/her designee and the City
Manager. The Fire Chief or his/her designee 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.
C. Vacation Conversion
1. No later than December 10, 2019, employees working an 112-hour per pay period
schedule will be provided an option to convert accrued and unused vacation to
cash in amount of one hundred twelve (112) hours. No later than December 10,
2019, employees working an 80-hour per pay period schedule will be provided an
option to convert accrued and unused vacation to cash in amount of eighty (80)
hours. All accrued and unused vacation earned up through the last full period in
December 2019, that is not requested to be cashed out by December 10, 2019 is
no longer eligible to be converted to cash, except upon separation of employment
with the city.
2. Employees working an 112-hour per pay period schedule are also eligible to
submit an irrevocable request to elect to cash out up to 112 hours of accrued
vacation hours for the following calendar year. Employees working an 80-hour
pay period schedule are also eligible to submit an irrevocable request to elect to
cash out up to 80 hours of accrued vacation hours for the following calendar year.
3. All employees wishing to convert accrued vacation to cash in the year following
the election will complete a form between November 10 and December 10 of
each year. Elections will not carry over from one calendar year to the next
calendar year.
4. Only vacation hours accrued during the calendar year following the election may
be cashed out. Employees accruing less than the election amount may cash out no
more than their total vacation accrual in the following calendar year.
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5. The employee's accrued vacation to convert to cash will be credited first to the
cash out account with the employee's earned vacation leave until the employee's
full election amount is reached. The vacation hours designated to the cash out
account will not be credited toward the employee's maximum vacation accrual.
During this period of time, no earned vacation leave will be credited to the
employee's vacation time off balance.
6. Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the employee has accrued all the elected vacation hours by June
30, in which case payment of the elected vacation hours may be cashed out in July at
the employee's request. All vacation hours will be paid in the calendar year in
which the vacation hours accrue. If the employee does not accrue all requested
vacation hours in the calendar year, the vacation payment amount will be reduced
to the total number of vacation hours the employee actually accrues in the
calendar year and the payout will be made no later than the last pay date in the
calendar year.
7. The vacation payment amount will be based on the employee's rate of pay at the
time of the payout. The vacation payment amount is taxable income, subject to
all applicable withholding amounts and payroll deductions.
8. An employee who does not elect to cash out vacation by December 10 waives
their right to do so and will not be allowed to cash out any vacation accruing in
the following year.
D. Effects of Holiday on Vacation Leave
For all employees, except for those on an Administrative assignment, who work an 80
hour/pay period schedule, in the event one or more authorized municipal holidays fall
within a vacation leave, such holiday shall not be charged as vacation leave, but shall be
credited as a holiday.
E. Effect of Leave of Absence on Accrual of Vacation Leave
See Article 33 for the effect of an extended leave of absence on vacation accrual.
F. Compensation for City Work During Vacation Prohibited
No person shall be permitted to work for compensation for the city in any capacity, except
compensation for mandated court appearances, during the time of his/her paid vacation
leave from city service. This clause shall not limit the city's right to recall an employee
from vacation in the event of an emergency and place him/her on regular pay status.
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G. Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent
upon determination by his/her Department Head that such absence will not materially
affect the department. Each employee must consider the needs of the service when
requesting annual vacation leave. All vacation requests must be placed in Telestaff per the
Department Directive. When a family emergency arises which necessitates the use of
vacation time, an employee shall provide as much advance notice as possible considering
the particular circumstances.
H. Terminal Vacation 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. When separation is caused by death of an
employee, payment shall be made to the estate of such employee or, in applicable cases,
as provided in the Probate Code of the State.
ARTICLE 12. SICK LEAVE ACCRUAL
All employees working a 112 hour/pay period schedule shall be entitled to accrue sick leave at a
rate of 25 minutes per day. All other employees shall be entitled to accrue sick leave at a rate of
16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute
increments.
An employee who is changed from a 112 hour/pay period schedule to an 80 hour/pay period
schedule as a result of an administrative assignment or an occupational injury assignment ( either
full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this
assignment.
A. Use of Sick Leave
Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick
leave shall be allowed as follows:
1. In the case of actual illness or disability.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
3. A pre-scheduled doctor, dental, or optometry appointment has been entered into
Telestaff and approved by management.
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4. Because illness of a member of the immediate family requires constant care and no
other care is available and/or financially feasible except that of the employee.
Immediate family is defined in the Personnel Rules.
5. All leave provisions will be administered consistent with state and federal laws.
B. Proof of Illness
The Fire Chief or his/her designee may request a certificate issued by a licensed physician
or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is
in excess of three (3) consecutive scheduled work days (including days the employee is
scheduled to work due to a shift trade). The Fire Chief or his/her designee may also
designate a licensed physician to conduct a physical examination, and such examination
shall be conducted at city expense. Employees shall be required to account for all hours
they are requesting as sick leave via Telestaff. Violation of sick leave privileges may result
in disciplinary action and/or loss of pay when, in the opinion of the Fire Chief or his/her
designee, the employee has abused such privileges.
C. Effect of Leave of Absence
See Article 33 for the effect of an extended leave of absence on sick leave accrual.
D. Sick Leave Conversion
For an employee on an 80 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 160 hours of
sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated
sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours of vacation. The sick
leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if such conversion would
put them over the vacation accrual maximum.
For an employee on a 112 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 240 hours of
sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated
sick leave to vacation at a ratio of 72 hours of sick leave to 24 hours of vacation. The
sick leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if such conversion would
put them over the vacation accrual maximum.
ARTICLE 13. BILINGUAL PAY
The city will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of $40.00 per pay period for the performance of bilingual
skills.
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In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test
in the Spanish language as determined appropriate by the city. The city reserves the right to include
other languages as eligible for bilingual pay at some future date. This article shall not be subject
to the grievance procedure.
ARTICLE 14. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT
The city agrees to provide one set of bed linen and two towels per person for all personnel working
a 112 hour/pay period work schedule. To assist in maintenance, all fire stations will be equipped
with washing machines and dryers; shift personnel will be responsible for maintaining their own
linens and towels.
The city agrees to replace linens and towels on an "as needed" basis, with a maximum replacement
of once per calendar year.
ARTICLE 15. FLEXIBLE BENEFITS PROGRAM
Employees represented by the CF A, Inc. will participate in a flexible benefits program
which includes medical insurance, dental insurance, vision insurance, accidental death and
dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these
components is outlined below.
A. Benefits Credits and Medical Insurance
During the 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 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 through CalPERS.
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: CF A-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
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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 2020 shall increase as shown in the table below.
Medical Prior Monthly 2020 Monthly Monthly
Coverage Level Benefits Credits Benefits Credits Increase
Employee $577.00 $609.00 $32.00
Employee+ 1 $1,158.00 $1,216.00 $58.00
Family $1,528.00 $1,607.00 $79.00
Waive Medical $416.68 $477.64 $60.96
To provide CFA represented employees with the value of the increase in 2020 Benefits
Credits retroactive to the first full pay period in 2020, 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 CF A 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).
Effective the pay periods that include January 1, 2021 and January 1, 2022 and December
31, 2022 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.
B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D)
Insurance
Employees may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D
insurance plans at any coverage level.
C. 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
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employees who retire from the city, either service or disability, shall be eligible to continue
their enrollment in the CalPERS Health Program when they retire, provided that the
individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of
separation from employment and their effective date of retirement is within 120 days of
separation. The city will contribute the minimum amount per month required under
Government Code Section 22892 of the PEMHCA toward the cost of each retiree's
enrollment in the CalPERS Health Program.
Employees who retire from the city, either service or disability, shall be eligible to elect,
upon retirement, to participate in the city's dental and/or vision insurance programs as a
retiree. The cost of such dental and/or vision insurance for the retiree and eligible
dependents shall be borne solely by the retiree. An individual who does not choose
continued 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 16. HOLIDAYS
The city shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving
Thanksgiving Friday
Christmas Day
The following provisions will be in effect beginning with the first full pay period following
Council ratification of this MOU.
1) Suppression personnel assigned as a Lifeguard Supervisor or on an administrative
assignment are ineligible for the holiday pay listed above. These personnel will receive
straight time pay when they are regularly scheduled to work on the holidays listed
above.
2) Fire Prevention personnel, personnel on a non-occupational injury light/modified duty
assignment and Suppression personnel in the new hire academy will be eligible to have
the day off with pay on the holidays listed above.
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3) Suppression personnel working a 112 hour/pay period schedule, personnel on an
occupational injury light/modified duty assignment and Paramedic Lifeguard
Lieutenants shall be compensated for an additional twelve (12) hours of holiday pay
(using a base salary rate that excludes additional pays) on the day the holiday occurs.
See Article 33 for the effect of an extended leave of absence on holiday pay.
Only employees who are on paid status on their scheduled work day immediately before a holiday
shall be entitled to the paid holiday.
ARTICLE 17. RETIREMENT BENEFITS
17.1 The city has contracted with CalPERS for the following retirement benefits:
• Safety Tier 1 -( employees entering safety membership for the first time prior to October
4, 2010) -The retirement formula shall be 3%@ 50; single highest year final
compensation.
• Safety Tier 2 -( employees entering safety membership for the first time on or after
October 4, 2010)-The retirement formula shall be 2%@ 50; three year average final
compensation.
• Safety Tier 3 -( employees entering safety membership for the first time on or after
January 1, 2013) -The retirement formula shall be 2.7%@ 57; three year average final
compensation.
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 constitute a third tier and be subject to all the
applicable PEPRA provisions.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Tier 1 and Tier 2 safety employees shall pay all of the employee retirement
contribution (9%).
• Tier 3 safety employees shall pay the required PEPRA member contribution rate as
established by CalPERS.
17.3. 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 local
fire employees designated as "classic CalPERS members."
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ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS' BENEFIT
The city agrees to provide the Fourth Level of the 1959 Survivors' Benefit.
ARTICLE 19. OVERTIME FOR EMPLOYEES WORKING A 112 HOUR/PAY PERIOD
SCHEDULE
A. In determining an employee's eligibility for overtime, paid leaves shall be included in the
total hours worked. Excluded from the total hours worked are duty free lunches, travel
time to and from work (except for emergency call-back), and time spent conducting bona
fide volunteer activities.
Time worked shall be computed by rounding to the nearest quarter of an hour.
B. Sworn personnel who are assigned to fire suppression shall work a 112 hour/pay period on
a Kelly schedule or other shift schedule as approved at the discretion of the Fire Chief or
his/her designee. Suppression employees temporarily assigned to light/modified duty will
be assigned a traditional 5/40 work schedule or alternative work schedule as approved at
the discretion of the Fire Chief or his/her designee. In this situation, the employee's hourly
rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period
schedule rate.
C. The City of Carlsbad will use a 24-day work cycle for fire suppression employees under
the 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shall
be twenty-four (24) days in length. The "work schedule" is to be based on a fifty-six (56)
hour average workweek. Each fire suppression employee on a 112 hour/pay period
schedule (or on a light/modified duty !OD-related work schedule) will earn six (6) hours
of premium pay in each biweekly pay period.
In addition, any employee required to perform in excess of an employee's normal
scheduled shift shall receive overtime compensation.
For FLSA overtime, the regular rate of pay shall be calculated in conformance with the
FLSA.
ARTICLE 20. OVERTIME AND COMP TIME FOR EMPLOYEES WORKING AN 80
HOUR/PAY PERIOD SCHEDULE
A. SCOPE
1. This article shall apply to employees working in the classifications listed below or who
work an 80 hour/pay period on a 5/40 schedule or alternative schedule as approved by the
Fire Chief or his/her designee:
o Paramedic Lifeguard Lieutenants
o Fire Prevention Personnel
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o Suppression personnel in the new hire academy
o Any classification working on an administrative assignment as approved by the
Fire Chief or his/her designee ( e.g., Training Captain)
2. However, this article does not apply to any suppression employee who is assigned to
administrative assignment due to temporary light duty status.
3. In determining an employee's eligibility for overtime, under this agreement, paid leaves
shall be included in the total hours worked. Excluded from the total hours worked are duty
free lunches, travel time to and from work ( except for emergency call-back), and time spent
conducting bona fide volunteer activities.
There shall be no pyramiding of overtime. Hours worked by an employee in any workday
or workweek on which premium rates have once been allowed shall not be used again in
any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
B. COMPENSATION FOR ADMINISTRATIVE ASSIGNMENTS
The employee's hourly rate will be converted from a 112 hour/pay period schedule rate
to an 80 hour/pay period schedule rate. Beginning with the first full pay period following
Council ratification of this MOU, while appointed or assigned to an administrative
position, the employee shall receive an additional 15 percent ( 15%) above their base
hourly pay rate.
C. HOURS OF WORK
1. Overtime
The official 7-day FLSA work week for employees on a 9/80 Friday to Friday shift
begins four ( 4) hours after the regularly scheduled starting time for their Friday shift
and ends one hundred sixty-eight (168) hours later (at four (4) hours after the
regularly scheduled starting time for their Friday shift).
For all other employees, except suppression employees on an administrative
assignment as Lifeguard Supervisors, who work an 80 hour/pay period schedule the
7-day FLSA work week is from Monday at 12:00 a.m. to Sunday at 11 :59 p.m.
For suppression employees on an administrative assignment as Lifeguard
Supervisors, the city will use a 14-day work cycle for employees under the 7(k)
exemptions contained in the FLSA. The "work period" shall be fourteen (14) days in
length. The "work schedule" will be variable based on seasonal needs with a base of
forty (40) hour average workweek. Peak season staffing will be set at a 3/12 and 4/12
schedule with a forty-two ( 42) hour average workweek. The FLSA work period is
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from 12:00 am Sunday and concludes on the 14th day on the Saturday at 11 :59 pm.
(Based on the FLSA 7(k) guidelines, hours worked in excess of 106 in the 14-day
work period will be paid out as FLSA overtime.)
Any employee who is not 7k exempt that is required to perform in excess of forty
( 40) hours in their 7 day work week or any employee who works in excess of an
employee's normal scheduled day shall receive overtime compensation.
The regular rate of pay shall be calculated in conformance with the FLSA.
Employees regularly assigned to a 112 hour/pay period schedule who are assigned to
an 80 hour/pay period schedule administrative assignment, will not be available to
work shift overtime on days they are assigned to an administrative assignment unless
authorized by the Duty Battalion Chief. Employees are authorized to work
suppression overtime during hours they are not assigned to administration.
Employees working an 80 hour/pay period schedule who work a suppression
overtime shift will have their pay rate converted to the 112 hour/pay period rate while
on the suppression overtime shift. This rate shall not include the 15% administrative
assignment pay.
Suppression members that are on an administrative assignment will not remain
subject to force hires for suppression assignments.
2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above, an employee working
an 80 hour/pay period schedule may elect, subject to department approval, to
receive compensatory time off. No employee shall accrue more than 80 hours of
such compensatory time. When an employee has accumulated the maximum
number of hours of compensatory time off, he/she shall receive all overtime
compensation in cash.
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.
Any accrued and unused compensatory time through December 31, 2019 will be
cashed out on the last pay date in June 2020. Effective January 1, 2020, all accrued
and unused compensatory time during the calendar year will be cashed out on the
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last pay date of the calendar year. No compensatory time may be accrued beginning
on the last pay period of the calendar year through the end of the calendar year.
At the time an employee switches from an 80 hour/pay period schedule to a 112
hour/pay period schedule, all accrued and unused compensatory time will be cashed
out.
An employee may elect to "cash out" any portion of his/her accrued compensatory
time at his/her regular rate of pay in any pay period. The employee shall indicate
the number of hours to be cashed out on his/her timesheet.
3. Request for Temporary Shift Adjustment (Flex Time)
An employee may request that the employee's normal workday be temporarily
altered in order to accumulate a credit of work hours that may be used to take time
off during the employee's FLSA work week without loss of pay. If the request is
approved by management, pay for hours worked during this temporary shift
adjustment shall be paid at the straight time rate even if the employee's hours
worked exceed his/her normal scheduled shift on that day.
4. Employees hired by divisions or bureaus currently operating on an alternative
work schedule shall be subject to having their daily work schedule changed at the
sole discretion of the department. Such changes include, but are not limited to, a)
number of days/hours to be worked on a daily basis and in a payroll period; b)
normal days off; and c) starting/ending times of assigned shifts. This article shall
not be subject to the grievance procedure.
D. RETURN TO SUPPRESSION DUTIES
Upon completion of the administrative assignment, the employee will return to his /her
previous rank held at the time of accepting the appointment unless the employee has been
promoted to another position/rank. The duration of an appointment or assignment to
administrative duties will normally be for a minimum of two years but may be extended
one year at the discretion of the Fire Chief or his/her designee.
ARTICLE 21. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
ARTICLE 22. FAMILY LEA VE ACT
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
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ARTICLE 23. DISCIPLINE OF AN EMPLOYEE
23 .1 Authority -Full authority for discipline is retained by the city. The city may discipline a
regular employee for just cause. In appropriate cases the city will use progressive
disciplinary practices.
23.2 Representation -An employee attending any investigatory or fact-finding meeting which
may result directly in discipline, reduction in pay, suspension, demotion or discharge
shall be allowed representation.
23.3 Grounds for Discipline -The city has the authority to impose appropriate discipline upon
any represented employee for cause. Discipline shall be commensurate with the
seriousness of the offense and with consideration of the employee's prior performance
and disciplinary record. Grounds for discipline may include but are not limited to the
following:
(1) Fraud in securing employment including untruthfulness, misrepresentation or
omission of information.
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,
working unauthorized overtime, public disclosure of privileged information or
dishonesty.
(3) Failure to maintain certification and licenses required by law or the Fire
Department.
( 4) Being under the influence of alcohol or intoxicating drugs while on duty.
(5) Unauthorized absence without leave.
(6) Criminal conviction having some relevance to the job.
(7) Intentionally being discourteous to the public.
(8) Unauthorized use of or neglect of city property.
(9) Abuse of sick leave.
(10) Unauthorized outside employment that constitutes a conflict of interest.
( 11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
(12) Falsification of any city report or record.
(13) Willful violation of any of the provisions of the City Code, ordinances,
resolutions or any rules, regulations or policies which may be prescribed by the
City Council, City Manager, Fire Chief or his/her designee, or supervisor.
(14) Political activities precluded by State or Federal law.
(15) Other acts that are incompatible with service to the public.
(16) Failure to respond to questions or otherwise fail to participate during an
investigation conducted by the city or its agents.
23.4 Firefighter Bill of Rights Procedures -The following appeals procedures apply to all
represented employees and are adopted pursuant to Government Code Section 3254.5 of
the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any
administrative appeal of a punitive action.
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Prior to taking punitive action involving discipline, suspension without pay, reduction in
pay, demotion or discharge, the employee shall be given notice of the action to be taken,
the effective date for such action, the evidence or materials upon which the action is
based, and notified of his/her right to be represented by an attorney or other
representative at further proceedings.
23.5 Pre-Discipline Process -The employee will be given an opportunity to respond to the Fire
Chief either orally or in writing, provided the employee requests the opportunity within
seven (7) calendar days of the notice of the intended action.
If the employee or his/her designated representative requests the right to respond to the
proposed punitive action, imposition of proposed punitive action shall be deferred until
after the response is received by the Fire Chief.
It is the Fire Chiefs or his/her designee's responsibility to coordinate the scheduling of
the conference within fourteen (14) consecutive days of the employee's request. The Fire
Chief or designee shall be responsible for receiving the employee's and/or his/her
representative's response to the proposed discipline. The conference shall be conducted
informally and shall be limited to the presentation of information by and through the
employee and/or his/her representative in response to the charges and allegations set forth
in the notice of proposed discipline.
In the event the employee is unable to respond to the charges within the time permitted
and demonstrates the reasonableness of a need for a continuance, the presiding officer
may grant a continuance of up to an additional five (5) calendar days.
The time limits described herein are essential and may only be modified or enlarged by
mutual consent of both the employee and the Fire Chief or his/her designee.
The above process will occur prior to the imposition of the discipline.
23.6 Notice of Discipline -After conclusion of the pre-disciplinary conference and within 30
days of the department's final decision, but not less than forty-eight (48) hours prior to
imposing discipline, the Fire Chief shall notify the employee in writing of the nature and
extent of the discipline, if any, and the time of commencement thereof. The notice shall
also contain a statement of charges which shall set forth the acts or omissions with which
the employee is charged in order that the employee will be able to prepare his/her
defense. Also, the notice shall specify the city rules, regulations, policies and procedures
which the employee is alleged to have violated.
The notice of discipline shall also advise the employee of his/her right to request an
appeal hearing by filing a Notice of Appeal as provided under section 23.7 below. The
Notice of Appeal must be filed within 15 days after service upon the employee of the
Notice of Discipline. Failure to request an appeal hearing within the 15 day period, will
constitute waiver of the employee's right of appeal. The Notice of Discipline shall be
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served personally on the employee with a proof of service noticed and retained by the
department.
23.7 Right to Appeal -An employee has the right to appeal punitive action according to the
appeal procedure as set out below. Written notice of discipline shall inform and remind
the disciplined employee of this right. A probationary employee (entry level or
promotional) rejected during the probationary period shall not be entitled to appeal such
rejection via the appeals process.
23.8 Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or
Suspension
The City shall follow the Firefighter Procedural Bill of Rights except where hereinafter
noted. The CF A waives the formal appeal of punitive action not involving discharge,
demotion, reduction in pay or suspension (e.g. written reprimands) and agrees to the
following procedures in which the Fire Chief, or his/her designee, shall issue a binding
decision for such discipline.
A. Notice of Appeal -Within seven (7) calendar days of receipt of the notice of discipline, a
regular employee shall notify the Fire Chief in writing of the employee's intent to appeal
the punitive action. The notice of appeal shall specify the action being appealed and the
substantive and procedural grounds for the appeal.
B. Presiding Officer -In an informal hearing, the Fire Chief or his/her designee shall be the
presiding officer. If the Fire Chief or designee cannot serve as the hearing officer because
of actual bias, prejudice or interest as defined by Government Code § 11425.40, then the
City Manager or his/her designee shall serve as the Presiding Officer. In such cases, the
determination of the City Manager shall be final and binding.
C. Burden of Proof-The city shall bear the burden of proof at the informal hearing. Based
upon a preponderance of the evidence, the Department shall show that the action taken
against the employee was reasonable according to the FBOR.
D. Conduct of Hearing
1. The formal rules of evidence do not apply, although the Presiding Officer shall
have discretion to exclude evidence which is incompetent, irrelevant or
cumulative, or the presentation of which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and testimony. Any
witnesses shall testify under oath.
4. Unless the punitive action involves a loss of compensation, the parties shall not be
entitled to confront and cross-examine witnesses.
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5. Following the presentation of evidence, if any, the parties may submit oral and/or
written closing arguments for consideration by the Presiding Officer.
E. Recording of the Hearing-All hearings may be recorded. If the punitive action involves
the loss of compensation, then the hearing shall be electronically recorded with both
parties receiving a copy of the record.
F. Representation-The firefighter may be represented by an association representative or
attorney of his or her choice at all stages of the proceedings. All costs associated with
such representation shall be borne by the firefighter.
G. Decision-The written decision shall be served in person to the firefighter when practical.
The firefighter shall acknowledge receipt in writing and shall be informed that the time
within which judicial review must be sought is governed by Code of Civil Procedure
§ 1094.6. In the event the decision cannot be delivered in person, the decision will be
delivered to the employee and his/her attorney or representative by first class mail,
postage prepaid, accompanied by an affidavit or certificate of mailing, and shall advise
the firefighter that the time within which judicial review of the decision may be sought.
23.9 Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of
Pay or Suspension
A formal appeal procedure shall be available for a disciplinary action involving
discharge, demotion, reduction in pay or suspension of more than five days. The
administrative appeal shall be conducted in accordance with Chapter 5 ( commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government
Code. The city will bear all administrative costs associated with a formal appeal of
discipline and the subsequent hearing: including the presiding 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 documents.
A. Notice of Discipline as Accusation-The final notice of discipline which may be issued
at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as
described in Government Code§§ 11500, et seq. The notice shall be prepared and served
in conformity with the requirements of Government Code §§11500, et seq.
1. If, after investigation and any pre-disciplinary response or procedure, the fire
department or city decides to impose discipline, the department or the city shall
notify the firefighter in writing of its decision to impose discipline within thirty
(30) days of its decision, but not less than 48 hours prior to imposing the
discipline.
2. The notice shall be prepared and served within the timeframes specified in
Government Code Section 3254(d) and in conformity with the requirements of
Government Code §§11500, et seq. A copy of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the California Government
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Code shall be provided to the firefighter concurrently with the notice of
discipline.
B. Burden of Proof -The burdens of proof and production of evidence shall be borne by
the city. The standard of proof shall be by a preponderance of the evidence.
C. Evidence -Rules of evidence shall comply with Chapter 5, Section 11513 of the
Government Code.
D. The appeal proceedings shall be reported by a stenographic reporter. However, upon
the consent of all the parties, the proceedings may be reported electronically.
E. The formal appeal shall be presided over by an administrative law judge on staff of
the State Office of Administrative Hearings, hereafter referred to as the "ALJ". The
ALJ shall preside at the appeal hearing, rule on the admission and exclusion of
evidence and determine and rule on all matters of law both procedural and
substantive. In conducting the appeal hearing the ALJ shall follow the provisions set
forth above.
F. Within thirty (30) days after the case is submitted to him or her, the ALJ shall prepare
a proposed written decision to be submitted to the City Manager. Within 100 days of
receipt by the City Manager of the ALJ's proposed decision, the City Manager may
take any of the following actions:
(a) Adopt the proposed decision in its entirety.
(b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the
proposed decision.
( c) Make technical or other minor changes in the proposed decision and adopt it as
the decision. Action by the City Manager under this paragraph is limited to a
clarifying change or a change of a similar nature that does not affect the factual or
legal basis of the proposed decision.
( d) Reject the proposed decision and refer the case to the same ALJ if reasonably
available, otherwise to another ALJ, to take additional evidence. If the case is
referred to the ALJ pursuant to this subparagraph, he or she shall prepare a revised
proposed decision based on the additional evidence and the transcript and other
papers that are part of the record of the prior appeal hearing. A copy of the revised
proposed decision shall be furnished decision shall be served to each party and his
· or her attorney.
( e) Reject the proposed decision, and decide the case upon the record, including the
transcript, or upon an agreed statement of the parties, with or without taking
additional evidence. By stipulation of the parties the City Manager may decide the
case upon the record without including the transcript.
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(f) The City Manager's decision will be reduced to writing and shall be final and
binding on the parties. The City Manager's written decision shall be served on the
parties in accordance with Code of Civil Procedure section 1094.6 Government
Code 11518 and the decision shall be subject to judicial review pursuant to Code of
Civil Procedure section 1094.5/Government Code.
ARTICLE 24. GRIEVANCE PROCEDURE
24.1 A grievance is an allegation made by an employee that the employee has been
damaged or denied a benefit by the city due to misapplication or a mistaken
interpretation of a specific provision of this Agreement, the city's Personnel Rules
or, effective no later than January 1, 2009, any existing Fire Department Directive
which falls within the subject matter contained in the scope of bargaining set forth in
the Meyers, Milias Brown Act.
24.2 Reviewable and Non-Reviewable Grievances
24.2.1
24.2.2
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 contained in this
Agreement over which the Fire Chief or his/her designee has
control.
( c) Arise out of a specific situation, act, or acts which result in
damage to the employee.
( d) Arise out of a misinterpretation or misapplication of this
Agreement.
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 24
Discipline), such as:
(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
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(3) Appeals from work performance evaluations.
24.3 Special Grievance Procedure Provisions: The following special provisions apply to
the grievance procedure.
24.3.1
24.3.2
24.3.3
24.3.4
24.3.5
24.3.6
24.3.7
24.3.8
Procedure for Presentation: In presenting a grievance, an employee
shall follow the sequence and the procedure outlined in Section 25.4 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 facts or actions, including dates, which constitute the
basis for the grievance.
(b) The article that was misapplied or misinterpreted.
( c) The damage suffered by the employee.
( d) 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: Interested parties may provide information during
the hearing of the grievance at any step of the grievance procedure.
Handled During Working Hours: Whenever possible, grievances will
be handled during regularly scheduled working hours.
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.
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24.3.9
24.3.10
24.3.11
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 may 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 appeal
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.
24.4 Grievance Procedure Steps: The following procedure shall be followed by an
employee submitting a grievance for consideration and action.
24.4.1
24.4.2
24.4.3
24.4.4
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 the Assistant Fire Chief.
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 Fire Chief. The
Fire Chief shall hear the grievance and shall give the written decision to
the employee within seven (7) calendar days after receiving the
gnevance.
Step 3: If the employee and Fire 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 selected via the process
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24.4.5
24.4.6
24.4.7
described in Section 25.4.7. The grievance shall also be presented to
the Assistant City Manager who may conduct a meeting with the
grievant and/or CF A representative 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.
The employee or employee organization and the city 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.
All administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription cost, if any, will be shared equally between the city and the
Carlsbad Firefighters' Association. In the case that the Carlsbad
Firefighters' 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 cost, 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 25. 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
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(SAMHSA). All procedures and protocols for collection, chain of custody and testing
will be conducted consistent with standards required under SAMHSA certification.
This policy is intended to accomplish that objective.
A. Definitions -As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental,
emotional or behavioral change in the user, including but not limited to,
prescription medications, heroin, cocaine, morphine and its derivatives,
P.C.P., methadone, barbiturates, amphetamines, methamphetamines,
alcohol, marijuana, and other cannabinoids.
2. "Workplace" means any site where city-assigned work is performed,
including city premises, city vehicles or other premises or vehicles,
while city-assigned work is being conducted, or within a reasonable
time thereafter.
3. "Reasonable suspicion" means a standard for evidence or other
indication of impairment of normal physical or mental skills by alcohol
or drugs where such impairment could negatively affect work
performance or could pose a threat to public or employee safety.
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 must notify their supervisors when taking any medication or
drugs, prescription or non-prescription ( over-the-counter medications),
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C.
which may interfere with safe or effective performance of their duties
or operation of city equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment
are relevant to city employment may result in disciplinary action up to
and including termination if there is relevant nexus between such off-
duty involvement and the employee's employment with the city,
consistent with the legal requirements for disciplinary due process.
Employer Searches
For the purpose of enforcing this policy and maintammg a drug-free
workplace, the city reserves the right to search, with notice to the employee
or if no prior notice, in the employee's presence, all work areas and property
in which the city maintains full or joint control with the employee, including
but not limited to city vehicles, desks, lockers, file cabinets, and
bookshelves. These areas remain part of the workplace context even if the
employee has placed personal items in them. Employees are cautioned
against storing personal belongings in work areas under full or joint city
control since such work areas may be subject to investigation and/or search
under this policy. Employees shall have no expectation of privacy in these
areas, locations or properties.
Employer searches shall occur when there is a determination of"reasonable
suspicion" as defined herein. Such searches shall be conducted by persons
having supervisory and/or other legal authority to conduct such searches.
Searches will not normally occur without concurrence of more than one
supervisor.
If the FBOR (Government code section 3259) is applicable to a particular
search, then the city will comply with the Act notwithstanding anything to
the contrary in this article. For example, the city may conduct searches
without notice to the employee or without the employee being present, if a
valid search warrant has been obtained. The employee may also consent to
a search.
Nothing herein shall prevent the city from taking appropriate action if there
is an inadvertent discovery of evidence of drug or alcohol use.
D. Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for
disciplinary action, up to and including termination.
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II.
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.
E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT
regulations
The parties acknowledge that the Federal Motor Carrier Safety
Improvement Act of 1999 (see Attachment B) and the California Vehicle
Code apply to unit members. The parties shall comply with the regulations
developed by the Department of Transportation to enforce the Act.
DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for city employment.
B. Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the
workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
c. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section I.A.3.
include, but are not limited to, the following, when confirmed by more
than one person having supervisory authority:
a. slurred speech.
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b. alcohol odor on breath;
c. unsteady walking or movement not related to pnor mJury 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 m
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.
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
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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 26. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of Understanding:
A. City's principal authorized agent shall be the City Manager or a duly authorized
representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (760) 434-2820, except where a particular city representative is specifically
designated in connection with the performance of a specific function or obligation set forth
herein.
B. CF A, Inc., principal authorized agent shall be its President or duly authorized
representative. Address: P.O. Box 945, Carlsbad, California 92018-0945; Telephone:
(760) 729-3730; Email: iafflocal3730@aol.com.
ARTICLE 27. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is the intent of the parties that this Memorandum set forth the full and entire
understanding of matters agreed to upon conclusion of meet and confer sessions which
resulted in this Memorandum. Any other matters not contained herein, which were
addressed during the course of the meet and confer process, resulting from this
Memorandum, are superseded and terminated in their entirety. Any understanding or
agreement, not contained herein, whether formal or informal, which occurred during the
course of meet and confer sessions, resulting in this Memorandum, are terminated or
superseded in their entirety.
B. It is the intent of the parties that this Memorandum be administered in its entirety in good
faith during its full term.
It is recognized that if during such term it may be necessary for the city to propose changes
in matters within the scope of representation not contained in this agreement, the city shall
notify CF A, Inc., indicating the proposed change prior to its implementation. If CF A, Inc.,
wishes to consult or negotiate with the city regarding the matter, CF A, Inc., shall notify the
city within five (5) working days from the receipt of such notice. Upon receipt of such
notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory
resolution of any problem arising as a result of the change instituted by the city.
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Where the city makes such changes because of the requirements of the law, the city shall
not be required to negotiate the matter of compliance with any such law.
Nothing herein shall limit the authority of the city to make such changes required during
emergencies. However, the city shall notify CF A, Inc. of such changes as soon as
practicable. Such emergency changes shall not extend beyond the period of emergency.
"Emergency" shall be defined as an unforeseen circumstance requiring immediate
implementation of the change.
C. Failure by CF A, Inc. to request consultation or negotiations pursuant to Paragraph B shall
be deemed as approval of any action taken by the city.
D. Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless
made and executed in writing by all parties hereto, and if required, approved and
implemented by the City Council.
E. The waiver of any breach, term, or condition of this Memorandum by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 28. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and
future applicable federal and state laws and federal and state regulations. If any part or provision
of the Memorandum is in conflict or inconsistent with such above applicable laws, rules and
regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent
jurisdiction, such part or provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of this Memorandum shall not be affected thereby.
ARTICLE 29. PARAMEDIC LICENSE PAY
Effective January 1, 2020, Fire Captains and Fire Engineers who retain their paramedic license
and San Diego County accreditation will receive $110. 77 per pay period for paramedic license
pay.
ARTICLE 30. REPORTING VALUE OF UNIFORMS TO CALPERS
Effective May 31, 2010, all CF A-represented 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.
ARTICLE 31. ACTING PAY
Whenever the needs of the city require an employee to temporarily perform the duties of a higher
classification than that in which the employee is currently employed for a period of four ( 4) hours
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or more, the employee shall receive 5% additional pay while in the acting capacity. Only
employees who are on an Eligibility List (maintained by the Human Resources Dept) for the higher
classification are eligible to serve in an acting capacity.
Appendix A describes the requirements for an employee to be eligible to serve in an acting capacity
in 2020.
Appendix B describes the requirements for an employee to be eligible to serve in an acting capacity
as of January 1, 2021.
An employee may not serve in an acting capacity for more than six ( 6) months without prior
approval from the Fire Chief or his/her designee.
ARTICLE 32. DEFERRED COMPENSATION
The city shall provide for a Deferred Compensation Plan which may be utilized by any employee
on an optional basis. The city reserves the right to accept or reject any particular plan ( current
providers are ICMA and Nationwide) and to impose specific conditions upon the use of any plan.
Such plan shall be implemented according to the plan document and without cost to the city.
Effective the pay period that includes January 1, 2020 and only until the final pay period in
calendar year 2022, for Safety Tier 3 employees only, the City shall contribute a dollar amount
into a deferred compensation plan on behalf of employees. The biweekly employer contribution
will be determined by the following formula:
1. Calculate the difference between the employee contribution rate for Safety Tier 3
employees and the employee contribution rate for Safety Tier 1 & 2 employees.
2. Multiply the result by the employee's biweekly base salary.
ARTICLE 33. LEAVE OF ABSENCE
33.1 Occupational Injuries or Illnesses
33.1.1 Employees in the classifications of Firefighter, Paramedic Firefighter, Fire
Engineer, Fire Captain, Paramedic Lifeguard Lieutenant and Captain
Specialist who are 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.
All other classifications that sustain a work related injury or illness and
becomes temporarily disabled from work as a result, may receive their full
salary, in lieu of the State mandated temporary disability benefit, for a
period of up to forty-five ( 45) calendar days for any single incident. The
periods of temporary disability need not be continuous. Any aggravation of
a pre-existing occupational injury or illness will be treated as such and not
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as a new mJury. In this situation, the employee will not be entitled to any
occupational sick leave benefit which exceeds the original maximum of
forty-five (45) calendar days. The city reserves the right to determine
whether occupational sick leave will be granted. Granting of occupational
sick leave will be subject to the same procedures and standards (including
predesignated physicians, resolution of disputes over benefits, use of
Agreed Medical Examiners, etc.) as used in workers' compensation matters
and/or FMLA/CFRA matters.
If the employee continues to be unable to work after the above described
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 may 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.
33.2 Non-Occupational Injuries or Illnesses
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.
33.3 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.
33.4. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of the Fire Chief or his/her designee for less than two calendar weeks. If
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the duration of the leave of absence will be longer, the approval of the City Manager
or his/her designee is required.
An employee shall utilize all his/her vacation, compensatory time off and/or sick
leave (if applicable) prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
2. To take a course of study which will increase the employee's usefulness on
return to his/her position in the city service.
3. For personal reasons acceptable to the Fire Chief or his/her designee and
City Manager.
B. Authorization Procedure
C.
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 the Fire Chief or his/her
designee, and, if applicable, shall be promptly transmitted to the City Manager or
his/her designee for approval. A copy of any approved request for leave of absence
without pay with a duration equal to or greater than two calendar weeks shall be
delivered promptly to the Directors of Finance and Human Resources.
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.
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Jan. 14, 2020 Item #4 Page 44 of 157
E. Leave Without Pay -Insurance Payments and Privileges
An employee on leave without pay may continue his/her city insurance benefits by
reimbursing the city for the employee's costs of insurance on a monthly basis
during the period of the leave. Failure to reimburse the city for such benefits during
the term of a leave of absence will result in the employee's coverage terminating
on the first day following the month in which the last payment was received.
Upon the employee's return to paid status, any sums due to the city shall be repaid
through payroll deductions. This applies to sums due for insurance as well as other
payment plans entered into between the city and the employee ( e.g., computer
loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees.
33.5. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance
with the provisions of State and Federal law. An employee disabled by pregnancy
shall be allowed to utilize a combination of accrued sick leave, vacation,
compensatory time and leave without pay to take a leave for a reasonable period of
time, not to exceed four months. An employee shall utilize all accrued leave, except
compensatory time off, prior to taking leave without pay. Reasonable period of
time means that period during which the employee is disabled on account of
pregnancy, childbirth, or related conditions.
An employee who plans to take a leave pursuant to this article shall give the city
reasonable notice of the date the leave shall commence and the estimated duration
of the leave.
Employees disabled by pregnancy may be eligible to return to work on a light duty
assignment per the Department Directive regarding a non-occupational
illness/injury.
33.6. 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:
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Jan. 14, 2020 Item #4 Page 45 of 157
1. accrual of sick leave and vacation,
2. holiday pay and
3. cell phone allowance.
On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee's
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.
ARTICLE 34. MILITARY LEAVE
Military leave shall be authorized in accordance with the applicable provisions of State and Federal
law. The employee must furnish satisfactory proof to the Fire Chief or his/her designee, as far in
advance as possible, that he/she must report to military duty.
ARTICLE 35. JURY DUTY
When called to jury duty, an employee, having provided at least five working days written notice
from the date of the summons, shall be entitled to his/her regular compensation. Employees shall
be entitled to keep mileage reimbursement paid while on jury duty. The Fire 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 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.
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Jan. 14, 2020 Item #4 Page 46 of 157
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 37. PROBATIONARY PERIOD
37.1 The initial hire probationary period shall be one year from the date the employee is hired.
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.
37.2 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. Failure to pass probation
shall result in employee being put back to their prior position.
37.3 See Article 33 for the impact of a leave of absence on the probationary period.
ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST
The city and CF A, Inc. agree that CF A, Inc. will contract directly with a company of its choosing
to provide post-retirement healthcare trust benefits for all represented employees. All CF A
represented employees will contribute $100 per month into the post-retirement healthcare trust
established by CF A, Inc. via payroll deductions. CF A, Inc., acknowledges that the city has no
administrative responsibilities or liabilities related to this benefit, other than processing of payroll
deductions. CF A, Inc. shall hold the city harmless for the city's actions related to this Article and
indemnify the city against any liability the city incurs as a result of this Article, including but not
limited to, its agreement to allow CF A, Inc., to participate in a post-retirement healthcare trust
and/or the city's processing of payroll deductions as set forth in this section.
Effective the first pay period of calendar year 2020, the city will contribute $100 per month per
employee to the Post Retirement Healthcare Trust.
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Jan. 14, 2020 Item #4 Page 47 of 157
Effective the first pay period of calendar year 2021, the city will contribute $125 per month per
employee to the Post Retirement Healthcare Trust.
Effective the first pay period of calendar year 2022, the city will contribute $150 per month per
employee to the Post Retirement Healthcare Trust.
ARTICLE 39. OUTSOURCING
The city and CF A agree that the city may contract with public and private entities or individuals
to perform any or all plan check activities except the final step in the plan checking process. CF A
agrees that the city may contract out these services without meeting and conferring with CF A over
the decision to contract these services or the effects of that decision.
ARTICLE 40. SURVEY MARKET
In keeping with the City Council's philosophy of surveying the total compensation of other
agencies, the agencies listed below will be considered in the survey market for CF A, Inc.
1. City of Encinitas
2. City of Escondido
3. City of Huntington Beach
4. City of Oceanside
5. City of Poway
6. City of San Marcos
7. City of Solana Beach
8. City of Vista
9. North County Fire District
10. Rancho Santa Fe Fire District
ARTICLE 41. EDUCATION INCENTIVE
This article shall not be subject to the grievance procedure.
41.1 Level 1: Applicable to all employees represented by CF A, Inc.,.
(a) Requirement: Present proof to the Fire Chief or his/her designee of the following:
Evidence of the award of each or An Associate degree
of the following certificates
issued by the California State
Board of Fire Services:
1. Fire Fighter I,
2. Fire Fighter II,
3. Driver Operator IA,
4. Driver Operator IB, and
5. Instructor 1
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Jan. 14, 2020 Item #4 Page 48 of 157
6. or State Fire Marshal
certificate of course
completion for Fire
Inspector lA, lB, lC and
lD
Proof of certification from a
California State Fire Marshal
course that is deemed
equivalent to one of the
courses listed above by the
Fire Chief or his/her designee
shall also meet the
requirement.
(b) Compensation:
Eligibility for receiving the compensation will be based upon the date the
employee provides evidence of eligibility to the Fire Chief or his/her designee. It
is the sole responsibility of the employee to make notification of eligibility for the
education incentive pay.
Effective the first pay period in calendar year 2020, the biweekly compensation
shall be equal to 2.8% of the top step Paramedic Firefighter biweekly base salary
on January 1, 2020.
Effective the first pay period in calendar year 2021, the biweekly compensation
shall be equal to 3.4% of the top step Paramedic Firefighter biweekly base salary
on January 1, 2021.
Effective the first pay period in calendar year 2022, the biweekly compensation
shall be equal to 4.0% of the top step Paramedic Firefighter biweekly base salary
on January 1, 2022.
41.2 Level 2: Applicable to all employees represented by CF A, Inc.,.
( a) Requirement: Present proof to the Fire Chief or his/her designee of the following:
Evidence of the award of the or A Baccalaureate degree
Fire Officer taskbook issued
by the California State Board
of Fire Services.
Or
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Jan. 14, 2020 Item #4 Page 49 of 157
State Fire Marshal certificates
of course completion for Fire
Inspector 2A, 2B, 2C and 2D.
(b) Compensation:
Eligibility for receiving the compensation will be based upon the date the
employee provides evidence of eligibility to the Fire Chief or his/her designee. It
is the sole responsibility of the employee to make notification of eligibility for the
education incentive pay.
Effective the first pay period in calendar year 2020, the biweekly compensation
shall be equal to 4.5% of the top step Paramedic Firefighter biweekly base salary
on January 1, 2020.
Effective the first pay period in calendar year 2021, the biweekly compensation
shall be equal to 5.5% of the top step Paramedic Firefighter biweekly base salary
on January 1, 2021.
Effective the first pay period in calendar year 2022, the biweekly compensation
shall be equal to 6.4% of the top step Paramedic Firefighter biweekly base salary
on January 1, 2022.
41.3 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.
41.4 Eligibility for education incentive is determined based on the requirements issued by the
California State Fire Marshal in place at the time the employee presents his/her evidence
of eligibility.
ARTICLE 42. WELLNESS
The City shall contract with a wellness program provider to provide a wellness program to all
CF A employees.
Participation in educational components is mandatory. Employees are strongly encouraged to
participate in the comprehensive fitness assessment and in the blood chemistry evaluation;
however, employees may choose not to participate in either of these two components. All
information and results from this general fitness evaluation are confidential in accordance with
HIP AA regulations, non-punitive and will be given only to the employee.
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Jan. 14, 2020 Item #4 Page 50 of 157
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.
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Jan. 14, 2020 Item #4 Page 51 of 157
Appendix A
Requirements to be "Certified", Serve in an "Acting" Capacity and Apply for a Promotion
Effective July 1, 2017 thru December 31, 2020
REQUIREMENTS TO TASKBOOK REQUIREMENTS TO SERVE REQUIREMENTS
BE "CERTIFIED" COMPLETION IN AN "ACTING" CAPACITY TO APPLY FOR A
(Taskbooks are PROMOTION AND
described in the City TAKE THE
of Carlsbad Fire PROMOTIONAL
Department TEST
Directives)
I. FIRE ENGINEER
To be a Certified Fire An employee may 1. To be eligible to serve in a In order to qualify for
Engineer, an employee start working on the Fire Engineer acting capacity, participation in the
must City of Carlsbad Fire an employee must be on a promotional process
a. have two (2) years of Engineer Taskbook at current City of Carlsbad Fire for the position of
service in the City of any time and may Engineer eligibility list Fire Engineer, an
Carlsbad Fire complete it either (maintained by the Human employee must be a
Department and before or after taking Resources Department). Certified Fire
b. have completed all the promotional test. 2. However, if there are fewer Engineer.
State Fire Marshal (Note: some of the than three (3) employees on
courses required to items in the taskbook the eligibility list, or, at the
obtain a 2016 require a 2016 discretion of the Fire Chief or
Driver/Operator Driver/Operator his/her designee, an employee
certification ( or the certificate or the may be placed in an acting
equivalent equivalent Fire Engineer capacity if
certification as certification as defined a. he/she is a Certified
defined by the State by the State Fire Fire Engineer and
Fire Marshal). Marshal.) b. he/she has completed
the City of Carlsbad
Fire Engineer
Taskbook.
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Jan. 14, 2020 Item #4 Page 52 of 157
REQUIREMENTS TO TASKBOOK REQUIREMENTS TO SERVE REQUIREMENTS
BE "CERTIFIED" COMPLETION IN AN "ACTING" CAPACITY TO APPLY FOR A
(Taskbooks are PROMOTION AND
described in the City TAKE THE
of Carlsbad Fire PROMOTIONAL
Department TEST
Directives)
I
II. FIRE CAPTAIN
To be a Certified Fire An employee may 1. To be eligible to serve in a In order to qualify for
Captain, an employee start working on the Fire Captain acting capacity, participation in the
must City of Carlsbad Fire an employee must be on a promotional process
a. have three (3) years Captain Taskbook at current City of Carlsbad Fire for the position of
of service in the City any time and may Captain eligibility list Fire Captain, an
of Carlsbad Fire complete it either (maintained by the Human employee must be a
Department and before or after taking Resources Department). Certified Fire
b. have completed all the promotional test. 2. However, if there are fewer Captain.
State Fire Marshal (Note: some of the than three (3) employees on
courses required to items in the taskbook the eligibility list, or, at the
obtain a 2016 may reqmre discretion of the Fire Chief or
Company Officer certificates and/or his/her designee, an employee
certification ( or the have prerequisite may be placed in an acting
equivalent requirements.) Fire Captain capacity if
certification as a. he/she is a Certified
defined by the State Fire Captain and
Fire Marshal) and b. he/she has completed
C. be a Certified Fire the City of Carlsbad
Engineer and Fire Captain
d. have completed the Taskbook.
City of Carlsbad Fire
Engineer Taskbook.
(Note: this step (d) is
not required if an
employee was a
Carlsbad Fire
Engineer prior to
7/1/17.)
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Jan. 14, 2020 Item #4 Page 53 of 157
Appendix B
Requirements to Apply for a Promotion and Serve in an "Acting" Capacity
Effective January 1, 2021
I. Fire Engineer
In order to qualify for participation in the promotional process for the position of Fire
Engineer the employee must:
1. Have two (2) years of service in the City of Carlsbad Fire Department.
2. Have completed Driver Operator IA and Driver Operator 1B (or the equivalent
courses as defined by the Fire Chief or his/her designee ).
To be eligible to serve in a Fire Engineer acting capacity, and employee must be on a
current City of Carlsbad Fire Engineer eligibility list (maintained by the Human
Resources Department).
II. Fire Captain
In order to qualify for participation in the promotional process for the position of Fire
Captain the employee must:
1. Have three (3) years of service in the City of Carlsbad Fire Department.
2. Have completed all State Fire Marshal courses required to obtain a Company
Officer Task Book ( or the equivalent courses as defined by the Fire Chief or
his/her designee ).
3. Have passed a Carlsbad Fire Department Engineer Exam
To be eligible to serve in a Fire Captain acting capacity, and employee must be on a
current City of Carlsbad Fire Captain eligibility list (maintained by the Human Resources
Department).
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Jan. 14, 2020 Item #4 Page 54 of 157
Appendix C
COMPENSATION AND BENEFITS SUMMARY -EMPLOYEES WORKING A
REDUCEDFTESCHEDULE
For employees in the Fire Prevention Bureau working a reduced FTE schedule (0.75 FTE), pro-
rated pay and benefits are calculated based on 75% of the full time pay and benefits as outlined
below.
The standard 0.75 FTE work schedule is 30 hours per week. If, occasionally, the employee
works more than 30 hours per week, the time worked should be reported appropriately to payroll.
Working more than 30 hours per week should not be a continual or regular practice and may
result in jeopardizing the reduced FTE schedule.
COMPENSATION
Employees will be compensated at an hourly rate derived from the current bi-weekly salary
schedule (i.e., the amount published on the biweekly salary schedule divided by 80 to calculate
the hourly rate). Salary will be calculated based on the number of actual hours worked and
salary earned.
Overtime
Employees will be paid overtime after working in excess of 40 hours a week. Extra hours
worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in
accordance with the Fair Labor Standards Act (FLSA).
ADDITIONAL PAY & CITY CONTRIBUTIONS TO EMPLOYEE ACCOUNTS
Employees who are eligible for the following add-on pays will receive an amount that is prorated
at 75%.
• Bilingual Pay
• Education Incentive
Note: The city contribution to deferred compensation for Safety Tier 3 employees is calculated
using the same percentage of actual base salary earnings that is used for full-time employees.
The city contribution to a Post Retirement Healthcare Trust will be equal to the same amount
contributed for a full-time employee.
OTHER
Health Insurance
Employees are eligible to participate in the same health insurance program as full-time
employees, may select one of the City's medical plans and will be enrolled with full benefit
coverage. Reduced FTE employees will be eligible for benefits credits at a 75% prorated
amount. For more information, refer to the city's benefit rate sheets.
Leave Accruals and Holiday Pay
• SICK LEAVE AND VACATION: Accruals are prorated at 75%.
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Jan. 14, 2020 Item #4 Page 55 of 157
• HOLIDAY PAY: Employees receive 6.0 hours of holiday pay per holiday. If a holiday
falls on a day the employee is NOT normally scheduled to work, the employee will agree
with his/her supervisor when to take off a regularly scheduled work shift in that same pay
period as a holiday.
An employee whose scheduled shift duration exceeds the 6.0 hours of holiday pay may
get approval from their supervisor to work extra hours in the pay period in which a
holiday falls to make up for the reduced number of hours paid for the holiday. In this
case, it is NOT required to use leave balances to make up for the fewer hours paid on a
holiday. However, on a non-holiday, if an employee leaves early or takes time off,
accrued leave balances must be exhausted prior to taking leave without pay.
CalPERS Retirement
Per CalPERS law, retirement benefits are calculated based on reportable earnings and actual hours
worked. Employee retirement contributions are calculated as a percent of reportable wages earned.
Short Term/Long Term Disability and Life/AD&D Insurance
These benefits are determined using an employee's¾ time regular annual base salary.
Employees are enrolled in the city's short and long-term disability insurance plans (3/4 -time
employees are not eligible for enrollment in the CF A LTD plan).
Dues
A ¾-time employee does not pay CF A dues.
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Jan. 14, 2020 Item #4 Page 56 of 157
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Understanding the day, month, and year first above written.
Date
Approved as to form:
illQ..)_ (7,) k,-l0 (✓
CELIA BREW~omey
r~/~[ ll\
Date
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
',;;:;L
J1'1--IUA CLARK, President Date
48
Jan. 14, 2020 Item #4 Page 57 of 157
Attachment B
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
BIWEEKLY SALARY SCHEDULE
Effective January 1, 2020
RANGE STEP 1 STEP 2 STEP3 STEP4 STEP 5 RANGE
35 $2,576.94 $2,705.81 $2,841.12 $2,983.13 $3,132.33 35
36 $2,606.39 $2,736.73 $2,873.57 $3,017.24 $3,168.10 36
37 $2,866.50 $3,009.83 $3,160.30 $3,318.34 $3,484.26 37
41 $2,987.87 $3,137.27 $3,294.14 $3,458.85 $3,631.78 41
42 $3,092.07 $3,246.68 $3,409.01 $3,579.45 $3,758.45 42
43 $3,047.64 $3,200.01 $3,360.03 $3,527.99 $3,704.42 43
44 $3,436.04 $3,607.86 $3,788.27 $3,977.68 $4,176.54 44
45 $3,621.45 $3,802.51 $3,992.65 $4,192.27 $4,401.89 45
49 $3,983.64 $4,182.78 $4,391.95 $4,611.48 $4,842.08 49
CLASSIFICATION RANGE
FIREFIGHTER 35
FIRE PREVENTION SPECIALIST I 36
FIRE PREVENTION SPECIALIST II 37
PARAMEDIC FIREFIGHTER 41
FIRE ENGINEER 42
DEPUTY FIRE MARSHAL 43
PARAMEDIC LIFEGUARD LIEUTENANT 44
ASSISTANT FIRE MARSHAL 45
FIRE CAPTAIN 45
CAPTAIN SPECIALIST 49
Jan. 14, 2020 Item #4 Page 58 of 157
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
RANGE
35
36
37
41
42
43
44
45
49
BIWEEKLY SALARY SCHEDULE
Effective January 1, 2021
STEP 1 STEP 2 STEP3 STEP4
$2,692.91 $2,827.57 $2,968.96 $3,117.37
$2,723.68 $2,859.88 $3,002.88 $3,153.02
$2,995.50 $3,145.27 $3,302.52 $3,467.67
$3,122.32 $3,278.44 $3,442.38 $3,614.50
$3,231.22 $3,392.78 $3,562.42 $3,740.53
$3,184.78 $3,344.01 $3,511.23 $3,686.75
$3,590.66 $3,770.21 $3,958.74 $4,156.67
$3,784.41 $3,973.63 $4,172.32 $4,380.92
$4,162.90 $4,371.01 $4,589.59 $4,819.00
CLASSIFICATION
FIREFIGHTER
FIRE PREVENTION SPECIALIST I
FIRE PREVENTION SPECIALIST II
PARAMEDIC FIREFIGHTER
FIRE ENGINEER
DEPUTY FIRE MARSHAL
PARAMEDIC LIFEGUARD LIEUTENANT
ASSISTANT FIRE MARSHAL
FIRE CAPTAIN
CAPTAIN SPECIALIST
STEP 5
$3,273.28
$3,310.67
$3,641.06
$3,795.21
$3,927.58
$3,871.11
$4,364.49
$4,599.97
$5,059.98
RANGE
35
36
37
41
42
43
44
45
45
49
RANGE
35
36
37
41
42
43
44
45
49
Jan. 14, 2020 Item #4 Page 59 of 157
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
BIWEEKLY SALARY SCHEDULE
Effective January 1, 2022
RANGE STEP 1 STEP 2 STEP 3 STEP4 STEP 5 RANGE
35 $2,800.63 $2,940.67 $3,087.72 $3,242.06 $3,404.21 35
36 $2,832.62 $2,974.27 $3,122.99 $3,279.14 $3,443.10 36
37 $3,115.31 $3,271.08 $3,434.62 $3,606.38 $3,786.70 37
41 $3,247.22 $3,409.58 $3,580.07 $3,759.08 $3,947.01 41
42 $3,360.47 $3,528.49 $3,704.92 $3,890.15 $4,084.68 42
43 $3,312.18 $3,477.77 $3,651.68 $3,834.22 $4,025.96 43
44 $3,734.29 $3,921.02 $4,117.10 $4,322.94 $4,539.06 44
45 $3,935.79 $4,132.58 $4,339.22 $4,556.16 $4,783.97 45
49 $4,329.42 $4,545.85 $4,773.18 $5,011.76 $5,262.38 49
CLASSIFICATION RANGE
FIREFIGHTER 35
FIRE PREVENTION SPECIALIST I 36
FIRE PREVENTION SPECIALIST II 37
PARAMEDIC FIREFIGHTER 41
FIRE ENGINEER 42
DEPUTY FIRE MARSHAL 43
PARAMEDIC LIFEGUARD LIEUTENANT 44
ASSISTANT FIRE MARSHAL 45
FIRE CAPTAIN 45
CAPTAIN SPECIALIST 49
Jan. 14, 2020 Item #4 Page 60 of 157
Paramedic Lifeguard Lieutenant
JOB TITLE:
DEPARTMENT:
BASIC FUNCTION:
CITY OF CARLSBAD
CLASS SPECIFICATION
PARAMEDIC LIFEGUARD LIEUTENANT
FIRE
Attachment C
Under administrative and technical direction of the Battalion Chief, the Paramedic Lifeguard
Lieutenant is responsible for providing basic and advanced life support services to ill or injured
persons in accordance with the policies established by the Department of Emergency Medical
Services of San Diego County, supervising part-time regular and seasonal personnel in water
rescue, emergency response, first-aid response, and other paramedic and lifeguard services.
DISTINGUISHING CHARACTERISTICS:
The Paramedic Lifeguard Lieutenant is primarily responsible for providing basic and advanced
life support services to ill or injured persons, and is the first-line supervisor of the Open Water
Lifeguards. Incumbents possess a thorough knowledge of City policies and procedures,
advanced life support, emergency service training and education methodology, life safety
practices (including in an open water environment), and principles of employee supervision.
KEY RESPONSIBILITIES:
Primarily provides basic and advanced life support services to ill or injured persons in
accordance with the policies established by the Department of Emergency Medical Services of
San Diego County.
Responds to major emergencies within the area on a 24-hour recall basis, directs and
participates in ocean rescues, and directs crowd control measures.
Directs operations and procedures related to emergency responses, training, programs,
maintenance, and personnel management.
Supervises, evaluates, and documents Open Water Lifeguard's work performance in
accordance with department policies and procedures; provides coaching and instruction to
improve job performance; participates in the selection of staff.
Develops and delivers training, provides continuing training and instruction in open water
rescue, customer service, community outreach, and related topics.
Coordinates marine safety services with other agencies, including law enforcement.
Inspects and ensures proper maintenance of marine safety equipment. Ensures vehicles and
equipment are maintained with established procedures and standards.
Jan. 14, 2020 Item #4 Page 61 of 157
Lifeguard Lieutenant Paramedic
Performs related duties as assigned.
QUALIFICATIONS:
Knowledge of:
San Diego County Emergency Medical System (EMS) regulations, protocols and
procedures.
Basic and advanced life support principles and procedures.
Carlsbad Fire Department operations, such as rescue and radio communications.
Federal, state, and local laws, regulations and standards;
Ocean currents and conditions, ocean rescues and procedures.
Maintenance and repair of vehicles, apparatus, and equipment.
Local geographical response factors.
Principles of supervision, training, employee evaluation, and discipline.
Ability to:
Make appropriate decisions regarding emergency incident management.
React quickly and calmly and perform emergency medical techniques and procedures.
Apply technical knowledge in a critical, time-sensitive manner
Exercise sound independent judgment within established procedure guidelines.
Develop, conduct, and facilitate training programs.
Perform emergency water rescues.
Write comprehensive reports and maintain accurate records.
Relate effectively to those contacted during work.
Operate computers, understand and follow oral and written directions promptly and
accurately.
Determine area personnel and equipment needs; assign lifeguard staff to beach areas
on a daily/weekly basis according to anticipated weather and crowd projections.
Maintain records of lifeguard and emergency rescue activities and operations;
investigate complaints and accidents; prepare accident, incident, and emergency
Jan. 14, 2020 Item #4 Page 62 of 157
Paramedic Lifeguard Lieutenant
reports; determines preventability and takes necessary action to correct deficiencies in
practices, work methods, and operations.
DESIRED EDUCATION AND EXPERIENCE:
Two years of full-time, increasingly responsible experience in developing, implementing,
supervising and participating in open water lifeguarding and water safety.
REQUIRED CERTIFICATION AND LICENSE:
Licensed as an Emergency Medical Technician-Paramedic (EMT-P) with the State of California.
Possession of a valid Class C California Driver's License.
Completion of USLA Open Water Lifeguard Training
DESIRED CERTIFICATION AND LICENSE
Possession of a Swift Water Technician certificate.
Possession of a basic SCUBA certificate.
Physical Conditions:
Maintaining physical condition necessary for swimming, diving, reaching, pushing, pulling,
lifting, grasping, climbing, balancing, stooping, crouching, crawling, repetitive motions, sitting,
kneeling, bending, running, walking and standing for prolonged periods of time; speaking and
hearing to exchange information; visual acuity to assess variety of situations and respond to
those situations; read and interpret information.
Incumbents may be required to work extended hours including evenings, weekends, and
holidays
Environmental Conditions: In addition to EMS duties performed in the area, incumbents are
required to work at a public beach and in ocean water and are exposed to inclement weather
conditions often with insufficient protection from the sun; moving mechanical parts, cold, heat,
electrical hazards, dusts, blood, bodily fluids, contaminated water, extreme temperatures for
prolonged time periods, intense noise, workspace restrictions, aggressive and/or noncompliant
members of the public and potentially violent situations.
DATE APPROVED: Jan. 14, 2020
Jan. 14, 2020 Item #4 Page 63 of 157
Attachment D
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 8
3. Sick Leave .......................................................... Page 8
4. Bereavement Leave ............................................ Page 9
5. Leave Without Pay ............................................. Page 9
6. Pregnancy Disability Leave ................................ Page 11
7. FMLA ................................................................. Page 11
8. Military Leave .................................................... Page 11
9. Jury Duty ............................................................ Page 11
10. Extended Leave of Absence ............................... Page 12
11. Paid Family Leave .............................................. Page 12
Separation Compensation ................................................ Page 12
Holidays ........................................................................... Page 12
Health Benefits ................................................................. Page 13
Health Insurance for Retirees ........................................... Page 15
Physical Fitness Reimbursement ..................................... Page 15
Short-Term and Long-Term Disability Insurance (LTD)Page 16
Deferred Compensation ................................................... Page 16
Drug and Alcohol Policy ................................................. Page 16
Uniform Reimbursement and Reporting the Value
of Uniforms to CalPERS .................................................. Page 17
Fire Safety Management .................................................. Page 17
Special Assignment and Temporary Upgrade Pay .......... Page 18
Educational Incentive Pay ................................................ Page 19
Jan. 14, 2020 Item #4 Page 64 of 157
Management Compensation and Benefits Plan
SECTION 1: INTRODUCTION
The Management Compensation and Benefits Plan contains three parts: I) an introduction, 2) an
overview of compensation and 3) a description of benefits for management employees.
Definitions
I. 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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Compensation Adjustments
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 of local
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 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.
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:
• 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.
Leave of Absence
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 of less than the employee's regular work day.
Pursuant to FLSA regulation 29 CFR Section 541.118 ( a)(2) and ( a)(3 ), the City may make salary
or leave reductions based upon full day absences.
Partial day or full day absences shall be first charged against the exempt employee's vacation, sick,
or executive leave account. In the event the exempt employee does not have sufficient time in
his/her leave account to cover the absence, deductions without pay will be made on full days only.
1. Vacation
a. Vacation Accrual
Revised 1/14/20
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
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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
1. No later than December 10, 2019, management employees will be provided an
option to convert accrued and unused vacation to cash in an amount of up to 80
hours. Fire Battalion Chiefs who work 112 hours/pay period will be allowed to
convert accrued and unused vacation to cash in an amount of up to 112 hours. All
accrued and unused vacation earned up through the last full period in December
2019, that is not requested to be cashed out by December 10, 2019 is no longer
eligible to be converted to cash, except upon separation of employment with the city.
2. Employees are also eligible to submit an irrevocable request to elect to cash out up to
80 hours ( or up to 112 hours if a Battalion Chief on a 112 hours/pay period schedule)
of accrued vacation hours for the following calendar year.
3. All employees wishing to convert accrued vacation to cash in the year following the
election will complete a form between November 10 and December 10 of each year.
Elections will not carry over from one calendar year to the next calendar year.
4. Only vacation hours accrued during the calendar year following the election may be
cashed out. Employees accruing less than the election amount may cash out no more
than their total vacation accrual in the following calendar year.
5. The employee's accrued vacation to convert to cash will be credited first to the cash
out account with the employee's earned vacation leave until the employee's full
election amount is reached. The vacation hours designated to the cash out account
will not be credited toward the employee's maximum vacation accrual. During this
period of time, no earned vacation leave will be credited to the employee's vacation
time off balance.
6. Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the employee has accrued all the elected vacation hours by June 30, in
which case payment of the all the elected vacation hours may be cashed out in July at
the employee's request. All vacation hours will be paid in the calendar year in which
the vacation hours accrue. If the employee does not accrue all requested vacation
hours in the calendar year, the vacation payment amount will be reduced to the total
number of vacation hours the employee actually accrues in the calendar year and the
payout will be made no later than the last pay date in the calendar year.
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7. The vacation payment amount will be based on the employee's rate of pay at the
time of the payout. The vacation payment amount is taxable income, subject to all
applicable withholding amounts and payroll deductions.
8. An employee who does not elect to cash out vacation by December 10 waives their
right to do so and will not be allowed to cash out any vacation accruing in the
following 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
a 112 hour/pay period schedule shall accrue sick leave sick leave at a rate of 25 minutes per
day. A Fire Battalion Chief who changes from a 112 hour/pay period schedule to an 80
hour/pay period schedule as a result of an administrative assignment or an occupational
injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25
minutes per day during this assignment.
Any management employee, except a Fire Safety 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 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.
Fire Safety Management employees shall be eligible for sick leave conversion based on the
following guidelines.
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For a Fire Safety Management employee on an 80 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 160 hours
of sick leave shall be permitted to convert up to 120 hours of accumulated
uncompensated sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours
of vacation. The sick leave conversion option will be provided during the first week
of each fiscal year. Employees will not be allowed to convert sick leave to vacation
if such conversion would put them over the vacation accrual maximum.
For a Fire Safety Management employee on a 112 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 240 hours
of sick leave shall be permitted to convert up to 288 hours of accumulated
uncompensated sick leave to vacation at a ratio of 72 hours of sick leave to 24 hours
of vacation. The sick leave conversion option will be provided during the first week
of each fiscal year. Employees will not be allowed to convert sick leave to vacation
if such conversion would put them over the vacation accrual maximum.
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 ifrequired 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 ofrelative's death before final approval of
bereavement leave is granted.
5. Leave of Absence Without Pay
a. General Policy
Revised 1/14/20
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.
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2. To take a course of study which will increase the employee's
usefulness on return to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department
Head.
b. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin, the
probable date of return, and the agreement to reimburse the City for any benefit
premiums paid by the City during the leave of absence. The request shall normally
be initiated by the employee, but may be initiated by his/her Department Head, and,
if applicable, shall be promptly transmitted to the City Manager or his/her designee
for approval. A copy of any approved request for leave of absence without pay with
a duration equal to or greater than two calendar weeks shall be delivered promptly to
the Directors of Finance and Human Resources.
c. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six months,
unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that the
request for extension is made no later than fourteen ( 14) calendar days prior to the
expiration of the original leave.
d. Return From Leave
When an employee intends to return from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans to
return. The Department Head shall promptly notify the Human Resources
Department of the employee's intention. The employee shall return at a rate of pay
not less than the rate at the time the leave of absence began.
e. Insurance Payments and Privileges
Revised I /14/20
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.
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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 oftime means
that period during which the employee is disabled on account of pregnancy, childbirth, or
related conditions.
An employee who plans to take a leave pursuant to this article shall give the City reasonable
notice of the date the leave shall commence and the estimated duration of the leave.
7. Family and Medical Leave of Absence (FMLA)
An employee may be granted a FMLA of up to 12 weeks in a 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 on jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an
exemption and/or postponement of jury service on behalf of an employee.
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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 of84 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,
• cell phone allowance,
• car allowance and
• holiday pay for Fire Battalion Chiefs working a 112 hour/pay period schedule.
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.
11. 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.
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. 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
Revised 1/14/20
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
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Fire Battalion Chiefs are compensated for holidays in the manner outlined below.
1) Suppression personnel on an administrative assignment are ineligible for the holiday pay
listed above. These personnel will receive straight time pay when they are regularly
scheduled to work on the holidays listed above.
2) Fire Prevention personnel and personnel on a non-occupational injury light/modified duty
assignment will be eligible to have the day off with pay on the holidays listed above.
3) Suppression personnel working a 112 hour/pay period schedule and personnel on an
occupational injury light/modified duty assignment shall be compensated for an additional
twelve (12) hours of holiday pay (using a base salary rate that excludes additional pays)
on the day the holiday occurs.
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, including Fire Safety 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.
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
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Management Compensation and Benefits Plan
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)
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.
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Management Compensation and Benefits Plan
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
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.
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Short-Term and Long-Term Disability Insurance
Short-Term Disability
Management Compensation and Benefits Plan
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.
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.
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Management Compensation and Benefits Plan
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
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 at
their base hourly rate of pay, which is derived by dividing the Fire Battalion Chiefs weekly
salary by 40 hours for an employee on an 80 hour/pay period schedule and 56 hours for an
employee on a 112 hour/pay period schedule, for the actual hours the Fire Battalion Chief
spends covering for a Battalion Chief who is on a leave of absence or deployed and when they
are directed to attend a mandatory training class or meeting associated with the rank of Battalion
Chief on a non-scheduled work day.
Employees in the classification of Fire Chief, Assistant Fire Chief, Fire Division Chief and Fire
Marshal who are assigned to a mutual aid incident (not automatic aid) are compensated for
regularly scheduled hours. In addition, the employee will be paid at their base hourly rate of
pay, which is derived by dividing their weekly salary by 40 hours for all hours, beginning at the
time of dispatch until return to jurisdiction (portal to portal). Employees in the classification of
Fire Battalion Chief who are assigned to the emergency location are paid at a rate of 1.5 their
base hourly rate of pay, which is derived by dividing their base weekly rate by 40 hours, for
hours worked in excess of their normally scheduled work shift beginning at the time of dispatch
to the return to jurisdiction (portal to portal).
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Management Compensation and Benefits Plan
3. Fire Battalion Chief Administrative Assignments
While a Fire Battalion Chief is on an administrative assignment, the employee' s hourly rate will
be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate.
While appointed or assigned to an administrative position (80 hour/pay period schedule), the
employee shall receive an additional 15 percent ( 15%) above their base hourly pay rate.
A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative
assignment will not be available to work shift overtime on days they are assigned to an
administrative assignment unless authorized by the Fire Chief or his/her designee. Employees
are authorized to work suppression overtime during hours they are not assigned to
administration.
A Fire Battalion Chief working an 80 hour/pay period schedule who works a suppression
overtime shift, not including overhead assignments, will have their pay rate converted to the 112
hour/pay period rate while working on the suppression overtime shift. This rate shall not
include the 15% administrative assignment pay.
4. Moving Between an 80 Hour/Pay Period Work Schedule and a 112 Hour/Pay Period Work
Schedule
When a Fire Battalion Chief changes from a 112 hour/pay period schedule to an 80 hour/pay
period schedule, the employee's vacation balance (number of hours of accrued and unused
vacation) is divided by 1.4 so that the dollar value of the employee's vacation balance at the
time of the change remains the same.
When a Fire Battalion Chief changes from an 80 hour/pay period schedule to a 112 hour/pay
period schedule, the employee's vacation balance (number of hours of accrued and unused
vacation) is multiplied by 1.4 so that the dollar value of the employee's vacation balance at the
time of the change remains the same.
5. The city will comply with the Firefighter Bill of Rights Procedures for those Fire Management
employees who are afforded rights pursuant to Government Code Section 3254.5 of the
California Firefighter Procedural Bill of Rights Act (FBOR).
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
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Management Compensation and Benefits Plan
(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
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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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
Exhibit 2
AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
Term: January 1, Wl-+2020-December 31, iol-92022
TABLE OF CONTENTS
Preamble Page 1
Article 1 Recognition Page 1
Article 2 Implementation Page 1
Article 3 Term Page 1
Article 4 Renegotiation Page 1
Article 5 Retention of Benefits Page 2
Article 6 City Rights Page 2
Article 7 No Strike and No Lockout Page 2
Article 8 Compensation Adjustments Page 3
Article 9 Bereavement Leave Page 3
Article 10 Short-Term and Long Term Disability Insurance Page 4
Article 11 Annual Vacation Leave Page 4
Article 12 Sick Leave Accrual Page 7
Article 13 Bilingual Pay Page 8
Article 14 Linen Provision, Maintenance, and Replacement Page 8
Article 15 Flexible Benefits Program Page 8
Article 16 Holidays Page 11
Article 17 Retirement Benefits Page 11
Article 18 Provision of 1959 PERS Survivors' Benefit Page 12
Article 19 Overtime and Compensatory Time for Employees Page 12
Working a 112 Hour/Pay Period Schedule
Article 20 F'le~Eilile WoFk: gehedeles :fef :gepffij' F'iFe MaFshal Page 14
Ove1iime and Compensatory Time for Employees Working an 80 Hour/Pay
Period Schedule
Article 21 Americans With Disabilities Act Page 14
Article 22 Family Leave Act Page 14
Article 23 Discipline of Employee · Page 15
Article 24 Grievance Procedure Page 20
Article 25 Alcohol and Drug Policy Page 23
Article 26 Authorized Agents Page 28
Article 27 Full Understanding, Modification, Waiver Page 28
Article 28 Provisions of Law Page 29
Article 29 Paramedic License Pay Page 29
Article 30 Reporting Value of Uniforms to CalPERS Page 29
Jan. 14, 2020 Item #4 Page 83 of 157
Article 31 Acting Pay Page 29
Article 32 Deferred Compensation Page 30
Article 33 Leave of Absence · Page 30
Article 34 Military Leave Page 34
Article 35 Jury Duty Page 34
Article 36 Life/Accidental Death & Dismemberment (AD&D)
Insurance and Voluntary Benefits . Page 34
Article 37 Probationary Period Page 35
Article 38 Post-Retirement Healthcare Trust Page 35
Article 39 Outsourcing Page 35
Article 40 Survey Market Page 36
Article 41 Education Incentive Page 36
Article 42 Wellness Page 38
Article 43 Paid Family Leave Page XX
Appendix A Requirements to be "Certified", Serve in an "Acting" Page 39
Capacity and Apply for a Promotion, thru December
31 2020
Am2endixB Reguirements to A12:12ly for a Promotion and Serve Page XX
in an "Acting" Ca12acity, Effective January 1, 2021
Am;1endix C Com12ensation and Benefits Summary -Em12loyees Page XX
Working a Reduced FTE Schedule
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Jan. 14, 2020 Item #4 Page 84 of 157
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 Firefighters' Association, Inc. (hereinafter referred to as CF A or
"CF A, Inc.").
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as
"Memorandum") to promote and provide for harmonious relations, cooperation, and
understanding between the city management representatives and the local safety fire 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. In cases where there is a conflict between this Memorandum and the Carlsbad
Fire Department Directives, this Memorandum shall prevail.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CF A, Inc. as the majority representative for all classifications in
this Unit, as set forth in the Petition for Recognition, submitted November 3, 1991, in accordance
with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City
Council following ratification of the Memorandum by the membership of CF A, Inc. It is agreed
that this Memorandum shall not be binding upon the parties, either in whole or in part, unless and
until the City Council acts by majority vote to formally approve and adopt this Memorandum. It
is further agreed that, if the City Council approves and adopts this Memorandum, city management
will act in a timely manner to make the changes or recommend the City Council make the changes,
in city ordinances, resolutions, rules, policies, and procedures necessary to implement this
Memorandum.
ARTICLE 3. TERM
The term of this Memorandum shall be from January 1, W--l-+2020, through December 31,
Wl--92022 .
Jan. 14, 2020 Item #4 Page 85 of 157
ARTICLE 4. RENEGOTIATION
In the event either party desires to meet and confer in good faith on the terms of a successor
Memorandum, that party shall serve upon the other a notice of such intent. During the term of this
Memorandum, the parties agree to meet and confer upon request of the other party to discuss
additional changes to this Memorandum in accordance with the Meyers-Milias-Brown Act
(MMBA). In addition, the parties may meet and confer on the items listed below. required by
implementation of the HCMS payroll software system. ·
• Health insurance benefits in order to reduce or eliminate penalties under the ACA. Any
changes shall be by mutual agreement only.
• Employee cost sharing toward the City's required contribution to CalPERS for CF A
members if the CalPERS actual rate of return is less than CalPERS' expected rate of
return (the expected rate of return or "discount rate" in effect during that same prior fiscal
year). Any changes shall be by mutual agreement only.
• Eligibility for 4850 benefits for classifications in the Fire Prevention-Bureauadivision.
Any changes shall be by mutual agreement only.
• Establishment of an Association Leave Banlc. Any changes shall be by mutual agreement
only.
• Options for employees to increase contributions to the Post-Retirement Healthcare Trust
and options for establishment of individual accounts. Any changes shall be by mutual
agreement only.
ARTICLE 5. RETENTION OF BENEFITS
The employees represented by CF A, Inc., shall retain all present benefits for the term of this
agreement, as amended by this Memorandum, subject to the following provisions:
• Matters That Fall Within the Scope of Representation:
The city agrees to give advance notice and opportunity to meet and confer on the
subject of current wage levels and benefits, and other matters which fall within the
scope of representation, such as, but not limited to, material modifications to
personnel rules and Fire Department directives, before taking any action impacting
employees within the bargaining unit. ·
• Management Rights:
The city's decisions . regarding staffing levels, station closures, layoffs,
reorganization, contracting out bargaining unit work to third parties, and furloughs
which the city may elect to utilize to address fiscal difficulties it faces now or in the
future, are management rights. Nevertheless, the city agrees to give advance notice
and the opportunity to discuss these subjects before taking any action impacting
employees within the bargaining unit.
ARTICLE 6. CITY RIGHTS
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Jan. 14, 2020 Item #4 Page 86 of 157
The rights of the city include, but are not limited to the exclusive right to determine the mission
of its constituent departments, commissions, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; contract out, after meeting and conferring over decision and effects,
bargaining unit work to third parties; maintain the efficiency of governmental operations;
determine the methods, means, arid personnel by which government operations are to be
conducted; determine the content of job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its organization and
the technology of performing its work.
ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. No Strike. During the term of this Memorandum and in accordance with Labor Code
Section 1962, neither the employees nor any agents or representatives will instigate,
promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown,
concerted stoppage of work, sickouts, or any other intentional disruption of the operations
of the city, regardless of the reason for so doing.
B. Penalty. If a strike occurs in violation of Article 7 .A. or Labor Code Section 1962, the city
may utilize any legal remedies available to it to halt the strike. In addition, any employee
engaging in activity prohibited by Article 7 .A. or Labor Code Section 1962, or who
instigates or gives leadership to such activity, shall be subject to disciplinary action.
C. No Lockout. During the term of this Memorandum, the city will not instigate a lockout
over a dispute with the employees so long as there is no breach of Section 7 .A.
D. Association Official . Responsibility. Each employee who is an officer of CF A, Inc.
occupies a position of special trust and responsibility in maintaining and bringing about
compliance with the provisions of this Article. The employees agree to inform members
of their obligations under this Memorandum and Labor Code Section 1962 and to direct
them to return to work.
E. Non-discrimination Clause. Neither city nor CF A, Inc. 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 CF A, Inc. activity or because of the exercise
of any right provided to the employees by this Memorandum.
ARTICLE 8. COMPENSATION ADJUSTMENTS
Effective January 1, 2017, all CFA represented employees v.'ill receive a salary increase based on
their classification as shown belo1,v.
• Fire Engineer, Fire Captain, Captain Specialist and Assistant Fire Marshal 3.45%
• All other classifications 2.25%
Effective January 1, 201 8, all CFA represented employees v,'ill receive a salary increase based on
their classification as shown below.
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Jan. 14, 2020 Item #4 Page 87 of 157
• Fire Engineer, Fire Captain, Captain Specialist and i\ssistant Fire Marshal 3.3%
• l.Jl other classifications 2%
Effective January 1, 2019, all CF,'\. represented employees vrill receive a two percent (2%) salary
rncrease.
Effective January 1, 2020, all CF A represented employees will receive a 4.5% base salary increase.
Effective January 1, 2021 , all CFA represented employees will receive a 4.5% base salary increase.
Effective January 1, 2022, all CF A represented employees will receive a 4.0% base salary increase.
Any step increases granted shall be effective on the employee's anniversary date or date of
promotion.
ARTICLE 9. BEREAVEMENT LEA VE
In the event of the death of an employee's immediate family member, the employee may take up
to three (3) shifts of paid time off for bereavement. Bereavement leave must be taken within one
year of the event. i\n employee ',vorking a 112 hours/pay period schedule may use up to nvo shifts
(4 8 hours) of paid leave if required to be absent from duty due to the death of a member of the
employee's immediate family. The usage of bereavement leave, hov,ever, is limited to three
consecutive days which may or may not include a schedaled shift(s). 1\n employee 1,vorking an 80
hours/pay period schedule may use up to three work shifts 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 Fire Chief or his/her designee 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 as : a spouse, domestic partner, child, grandchild, member
of immediate household, sibling, parent, or grandparent whether biological, foster, step, adopted,
or in-law. It also includes any person who has served in place of a parent to the employee, or any
person for whom the employee has served in place of a parent. The term "child" means a
biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a
child of a person standing in loco parentis. The term "parent" means a biological, foster, or
adoptive parent, a stepparent, or a legal guardian.
The employee may be required to submit proof of the family member's death before being granted
bereavement leave.
ARTICLE 10. 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% of the employee's pre-disability base salary, up
to a maximum base salary of$150,000.
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Jan. 14, 2020 Item #4 Page 88 of 157
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 11. ANNUAL VACATION LEAVE
A Basis of Accrual
The city and CFA, Inc., agree to continue the follo•.ving annual vacation leave schedule for
all employees working a 112 hours/pay period schedule:
Less than 5
5 through
10 through
11 through
12 through
13 through
15 or more
9.99
10.99
11.99
12.99
14.99
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
21 minutes/day
3 2 minutes/day
3 4 minutes/day
3 6 minutes/day
3 8 minl~tes/day
4 0 minutes/day
4 2 minutes/day
The city and CFA, Inc., agree to contim~e the following anm~al vacation leave schedule for
all employees v10rking an 80 hours/pay period schedule:
Less than 5
5 through 9.99
10 through 10.99
11 through 11.99
12 through 12.99
13 through 14 .99
15 or more
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous ser,rice
full calendar years of continum:1s service
full calendar years of continuous service
full calendar years of continuous service
5
13 minutes/day
20 minutes/day
21 minutes/day
22 minutes/day
2 4 minutes/day
25 minutes/day
26 minutes/day
Jan. 14, 2020 Item #4 Page 89 of 157
Effective January 1, 2018, tihe annual vacation leave accrual schedule for all employees
working a 112 hours/pay period schedule will be:
Less than 3
3 through 4.99
5 through 9.99
10 through 10.99
11 through 11.99
12 through 12.99
13 through 14.99
15 or more
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
-21 minutes/day
-26 minutes/day
-32 minutes/day
-34 minutes/day
-36 minutes/day
-38 minutes/day
-40 minutes/day
-42 minutes/day
Effective January 1, 2018, theThe annual vacation leave accrual schedule for all employees
working an 80 hours/pay period schedule:
Less than 3
3 through 4.99
5 through 9.99
10 through 10.99
11 through 11.99
12 through 12.99
13 through 14.99
15 or more
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
full calendar years of continuous service
-13 minutes/day
-16 minutesi( day
-20 minutes/day
-21 minutes/day
-22 minutes/day
-24 minutes/ day
-25 minutes/day
-26 minutes/day
Vacation leave is accrued on a daily basis. Vacation leave can be used in 15 minute increments.
Effective January 1, 2017, a.A CF A-represented employee who is reinstated, as defined in the
City of Carlsbad Personnel Rules and Regulations, upon reinstatement, shall resume the same
vacation accrual rate that the employee had at the time of their separation.
When an employee changes from a 112 hour/pay period schedule to an 80 hour/pay period
schedule, the employee's vacation balance (number of hours of accrued and unused vacation)
is divided by 1.4 so that the dollar value of the employee's vacation balance at the time of the
change remains the same.
When an employee changes from an 80 hour/pay period schedule to a 112 hour/pay period
schedule, the employee's vacation balance (number of hours of accrued and unused vacation)
is multiplied by 1.4 so that the dollar value of the employee's vacation balance at the time of
the change remains the same.
B. Vacation Accrual Maximum
All employees working a 112 hours/pay period schedule shall be entitled to earn and accrue
up to and including four hundred and forty-eight (448) hours of vacation. No employee
working a 112 hours/pay period schedule will be allowed to earn and accrue vacation hours
in excess of the four hundred and forty-eight (448) hour maximum.
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Jan. 14, 2020 Item #4 Page 90 of 157
All employees working an 80 hours/pay period schedule shall be entitled to earn and accrue
up to and including three hundred and twenty (320) hours of vacation. No employee
working an 80 hours/pay period schedule will be allowed to earn and accrue vacation hours
in excess of the three hundred and twenty (320) hour maximum.
Department Heads will encourage the taking of accrued vacation leave. If there are unusual
circumstances that would require an employee to exceed the vacation accrual maximum,
he/she must submit a request in writing to the Fire Chief or his/her designee and the City
Manager. The Fire Chief or his/her designee 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.
C. Vacation Conversion
1. No later than December 10, 2019, employees working an 112-hour per pay period
schedule will be provided an option to convert accrued and unused vacation to
cash in amount of one hundred twelve (112) hours. No later than December 10,
2019, employees working an 80-hour per pay period schedule will be provided an
option to convert accrued and unused vacation to cash in amount of eighty (80)
hours. All accrued and unused vacation earned up through the last full period in
December 2019, that is not requested to be cashed out by December 10, 2019 is
no longer eligible to be converted to cash, except upon separation of employment
with the city.
2. Employees working aril 12-hour per pay period schedule are also eligible to
submit an irrevocable request to elect to cash out up to 112 hours of accrued
. vacation hours for the following calendar year. Employees working an 80-hour
pay period schedule are also eligible to submit an irrevocable request to elect to
cash out up to 80 hours of accrued vacation hours for the following calendar year.
3. All employees wishing to convert accrued vacation to cash in the year following
the election will complete a form between November 10 and December 10 of
each year. Elections will not carry over from one calendar year to the next
calendar year.
4. Only vacation hours accrued during the calendar year following the election may
be cashed out. Employees accruing less than the election amount may cash out no
more than their total vacation accrual in the following calendar year.
5. The employee's accrued vacation to convert to cash will be credited first to the
cash out account with the employee's earned vacation leave until the employee's
full election amount is reached. The vacation hours designated to the cash out
account will not be credited toward the employee's maximum vacation accrual.
7
Jan. 14, 2020 Item #4 Page 91 of 157
During this period of time, no earned vacation leave will be credited to the
employee's vacation time off balance.
6. Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the employee has accrued all the elected vacation hours by June
30, in which case payment of the elected vacation hours may be cashed out in July at
the employee's request. All vacation hours will be paid in the calendar year in
which the vacation hours accrue. If the employee does not accrue all requested
vacation hours in the calendar year, the vacation payment amount will be reduced
to the total number of vacation hours the employee actually accrues in the
calendar year and the payout will be made no later than the last pay date in the
calendar year.
7. The vacation payment amount will be based on the employee's rate of pay at the
time of the payout. The vacation payment amount is taxable income, subject to
all applicable withholding amounts and payroll deductions.
8. An employee who does not elect to cash out vacation by December 10 waives
their right to do so and will not be allowed to cash out any vacation accruing in
the following year.
D. Effects of Holiday on Vacation Leave
For all employees, except for those on an Administrative assignment, who work an 80
hours/pay period schedule, in the event one or more authorized municipal holidays _ fall
within a vacation leave, such holiday shall not be charged as vacation leave, but shall be
credited as a holiday.
E. Effect of Leave of Absence on Accrual of Vacation Leave
See Article 33 for the effect of an extended leave of absence on vacation accrual.
F. Compensation for City Work During Vacation Prohibited
No person shall be permitted to_ work for compensation for the city in any capacity, except
compensation for mandated court appearances, during the time of his/her paid vacation
leave from city service. This clause shall not limit the city's right to recall an employee
from vacation in the event of an emergency and place him/her on regular pay status.
G. Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent
upon determination by his/her Department Head that such absence will not materially
affect the department. Each employee must consider the needs of the service when
requesting annual vacation leave. All vacation requests must be placed in Telestaff fffi6f
to 1700 hrs the day before the leave periodper the Department Directive. When a family
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Jan. 14, 2020 Item #4 Page 92 of 157
emergency arises which necessitates the use of vacation time, an employee shall provide
as much advance notice as possible considering the particular circumstances.
H. Terminal Vacation 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. When separation is caused by death of an
employee, payment shall be made to the estate of such employee or, in applicable cases,
as provided in the Probate Code of the State.
ARTICLE 12. SICK LEA VE ACCRUAL
All employees working a 112 hours/pay period schedule shall be entitled to accrue sick leave at a
rate of 25 minutes per day. All other employees shall be entitled to accrue sick leave at a rate of
16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute
increments.
An employee who is changed from a 112 hour/pay period schedule to an 80 hour/pay period
schedule as a result of an administrative assignment or an occupational injury assignment (either
full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this
assignment.
A. Use of Sick Leave
Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick
leave shall be allowed as follows :
1. In the case of actual illness or disability.
2. Exposure to contagious disease that would jeopardize the health of others. When
sick leave is granted under these circumstances, an explanatory medical certificate
from the physician is required.
3. A pre-scheduled doctor, dental, or optometry appointment has been entered into
ffelestaff and allowed approved by-managementTelestaff.
4. Because illness of a member of the immediate family requires constant care and no
other care is available and/or financially feasible except that of the employee.
Immediate family is defined in the Personnel Rules.
5. All leave provisions will be administered consistent with state and federal laws.
B. Proof of Illness
9
Jan. 14, 2020 Item #4 Page 93 of 157
The Fire Chief or his/her designee may request a certificate issued by a licensed physician
or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is
in excess of three (3) consecutive scheduled work days (including days the employee is
scheduled to work due to a shift trade). The Fire Chief or his/her designee may also
designate a licensed physician to conduct a physical examination, and such examination
shall be conducted at city expense. Employees shall be required to account for all hours
they are requesting as sick leave via Telestaff. Violation of sick leave privileges may result
in disciplinary action and/or loss of pay when, in the opinion of the Fire Chief or his/her
designee, the employee has abused such privileges.
C. Effect of Leave of Absence
See Article 33 for the effect of an extended leave of absence on sick leave accrual.
D. Sick Leave Conversion
For an employee on an 80 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 160 hours of
sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated
sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours of vacation. The sick
leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if such conversion would
put them over the vacation accrual maximum.
For an employee on a 112 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 240 hours of
sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated
sick leave to vacation at a ratio of 72 hours of sick leave to 24 hours of vacation. The .
sick leave conversion option will be provided during the first week of each fiscal year.
Employees will not be allowed to convert sick leave to vacation if such conversion would
put them over the vacation accrual maximum.
ARTICLE 13. BILINGUAL PAY
The city will provide additional compensation to an employee, designated by the Human
Resources Department, in the amount of$40.00 per pay period for the performance of bilingual
skills.
In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test
in the Spanish language as determined appropriate by the city. The city reserves the right to include
other languages as eligible for bilingual pay at some future date. This article shall not be subject
to the grievance procedure.
ARTICLE 14. LINEN PROVISION, MAINTENANCE, AND REPLACEMENT
10
Jan. 14, 2020 Item #4 Page 94 of 157
The city agrees to provide one set of bed linen and two towels per person for all personnel working
a 112 hours/pay period work schedule. To assist in maintenance, all fire stations will be equipped
with washing machines and dryers; shift personnel will be responsible for maintaining their own
linens and towels.
The city agrees to replace linens and towels on an "as needed" basis, with a maximum replacement
of once per calendar year.
ARTICLE 15. FLEXIBLE BENEFITS PROGRAM
Employees represented by the CF A, Inc. will participate in a flexible benefits program
which includes medical insurance, dental insurance, vision insurance, accidental death and
dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these
components is outlined below.-
A. Benefits Credits and Medical Insurance
During the 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 D 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 through CalPERS.
If electing to ernoll fur me€lieal @eHefitg, the effll=)loyee mttgt geleet one me€lieal pl8ii from
the variety of me€lieal ploog offere€l throttgh CalPERS. Effective the first full pay period
follovling City Council approval of this Memorandum, prospectively only, Ithe city shall
contribute the follo1,ving monthly amounts ( called Benefits Credits) on behalf of each
active employee and eligible dependents toward the payment of -Itmedical premiums
under the CalPERS health program, 2) city sponsored dental, vision or AD&D premiums
or 3) contributions in the name of the employee to the city's flexible spending
account(s):. 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: CF A-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.
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Jan. 14, 2020 Item #4 Page 95 of 157
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) For employees with "employee only" coverage, the city shall contribute five
hundred ninety seven ($597) per month that shall inclade the mandatory
payments to CalPERS. If the actual total premiums exceed the city's total
contributions, the employee 1.J✓ill pay the difference.
(b) For employees with "employee plus one dependent" coverage, the city shall
contribute one thousand one hundred twenty t>.vo ($1,122) (increased from
$1 ,037) per month that shall include the mandatory payments to CalPERS. If the
actual total premiums eJcceed the city's total contributions, the employee will pay
the difference.
(c) For employees 1,vith "employee plus two or more dependents" coverage, the city
shall contribute one thousand four hundred seventy tv,ro ($1,472) (increased from
$1,240) 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.
(d) To provide CFA members with the value of this increase in Benefits Credits for
the pay periods that include the period between January 1, 2017 and ratification
of this Memorandum by the City Coancil, the City shall, with payroll, for the first
full pay period after ratification of this Memorandum by the City Council, make
a one time taxable (non PERSable) cash payment equal to the increase in
Benefits Credits for CFA .. members employed by the City on that date. The total
cash amoant 1.vill depend on the employee's medical coverage level as of the pay
period that includes January 1, 2017 and the number of payroll periods in 2017
that occur between January 1, 2017 and ratification of this Memorandum.
The Benefits Credits for calendar year 2020 shall increase as shown in the table below.
Medical Prior Monthly 2020 Monthly Monthly
Coverage Level Benefits Credits Benefits Credits Increase
Emolovee $577.00 $609.00 $32.00
Emnlovee + 1 $1,158.00 $1,216.00 $58.00
Family $1,528.00 $1,607.00 $79.00
Waive Medical $416.68 $477.64 $60.96
To provide CPA represented employees with the value of the increase in 2020 Benefits
Credits retroactive to the first full pay period in 2020, with the payroll for the first full
12
Jan. 14, 2020 Item #4 Page 96 of 157
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 CF A 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).
Effective the pay periods that include January 1, W-1-8-2021 and January 1, ±0-1-9-2022 and
12/31/2022 the -Gfity 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 amount contributed by the city (Benefits Credits) exceeds the cost of the medical
insurance purchased by the employee, the "unused credits" will be applied towards the cost
of the employee's purchase of dental insurance, vision insurance, AD&D insurance, and
contributions to a healthcare or dependent care flexible spending account (FSA).
Remaining unused Benefits Credits will be paid to the employee in cash and reported as
taxable income.
B. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D)
Insurance
Employees may elect to purchase or waivechoose to emoll in or opt out of the city-
sponsored dental, vision or AD&D insurance plans at any coverage level. If the decision
is made to purchase one or more of these insurance plans, an employee may purchase them
at any level of coverage offered by the plan.
C. 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 emollment in the CalPERS Health Program when they retire, provided that the
individual is emolled or eligible to emoll in a CalPERS medical plan at the time of
separation from employment and their effective date of retirement is within 120 days of
separation. The city will contribute the minimum amount per month required under
Government Code Section 22892 of the PEMHCA toward the cost of each retiree's
emollment in the CalPERS Health Program.
Employees who retire from the city, either service or disability, shall be eligible to continue
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. The city shall not charge the COBRA
administrative cost to the retirees . A retireeA.n individual who does not choose continued
13
Jan. 14, 2020 Item #4 Page 97 of 157
coverage upon retirement, or who chooses coverage and later drops coverage!!, is Bflly---not
eligible to return to the city's dental and vision insurance programs. during open enrollment
periods.
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.
D. Opt Out Provision
CFA represented employees who do not wish to part1c1pate in the CalPERS Health
Program will have the choice of waiving the city's medical insurance, provided they can
show that they are covered under another group insurance plan.
Employees who 1,vaive city sponsored medical insurance 1Nill be given a reduced city
contribution amount (Benefits Credits) oftvlo hundred sixty seven ($267) per month to be
used toward the purchase of dental insurance, vision insurance, AD&D insurance or as a
contribution to a fle)cible spending account. The city contribution amount of two h .. mdred
sixty seven ($267) per month will be granted to any employee \Vho elects to waive the
CalPERS Health Program and who provides proof of other medical insurance coverage,
regardless of the employee's level of coverage (employee only, employee plus one
dependent, employee plus two or more dependents).
Effective the pay period that includes January 1, 2018, the City monthly benefit credits
associated with waiving medical coverage vfill be set equal to 50% of the benefit credits
associated 1.Nith Employee Only medical coverage level.
Unused Benefits Credits will be paid to the employee in cash and rep01ied as taxable
mcome .
. ARTICLE 16. HOLIDAYS
The city shall observe the following scheduled paid holidays, consistent with the annual holiday
schedule published by the Human Resources Department:
New Year's Day
Martin Luther King Jr.' s Birthday
President's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran2.s Day
Thanksgiving
Thanksgiving Friday
Christmas Day
Employees v,rorking an 80 hours/pay period schedule will observe the scheduled paid holidays
listed above.
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Jan. 14, 2020 Item #4 Page 98 of 157
Employees working a 112 hours/pay period schedule shall be compensated for twelve (12) hears
of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday occ---UFS-;
The following provisions will be in effect beginning with the first full pay period following
Council ratification of this MOU.
1) Suppression personnel assigned as a Lifeguard Supervisor or on an administrative
assignment are ineligible for the holiday pay listed above. These personnel will receive
straight time pay when they are regularly scheduled to work on the holidays listed
above.
2) Fire Prevention personnel, personnel on a non-occupational injury light/modified duty
assignment and Suppression personnel in the new hire academy will be eligible to have
the day off with pay on the holidays listed above.
3) Suppression personnel working a 112 hour/pay period schedule, personnel on an
occupational injury light/modified duty assignment and Paramedic Lifeguard
Lieutenants shall be compensated for an additional twelve (12) hours of holiday pay
(using a base salary rate that excludes additional pays) on the day the holiday occurs.
See Article 33 for the effect of an extended leave of absence on holiday pay.
Only employees who are on paid status on their scheduled work day immediately before a holiday
shall be entitled to the paid holiday.
ARTICLE 17. RETIREMENT BENEFITS
17 .1 The city has contracted with CalPERS for the following retirement benefits:
• Safety Tier 1 - ( employees entering safety membership for the first time prior to October
4, 2010)-The retirement formula shall be 3%@ 50; single highest year final
compensation.
• Safety Tier 2 -( employees entering safety membership for the first time on or after
October 4, 2010)-The retirement formula shall be 2%@ 50; three year average final
compensation.
• Safety Tier 3 -(employees entering safety membership for the first time on or after
January L 2013) -The retirement fonnula shall be 2.7%@ 57: three year average final
compensation.
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 constitute a third tier and be subject to all the
applicable PEPRA provisions, which include but are not limited to the fol101Ning retirement
benefits:.
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Jan. 14, 2020 Item #4 Page 99 of 157
• Safety Ti@r 3 Th@ r@tirnm@Ht fernmla shall b@ 2.7% @ 57; thrn@ y@ar av@rag@ fiaal
@OfflfJ@RSation.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Tier 1 and Tier 2 safety employees shall pay all of the employee retirement
contribution (9% ).
• Tier 3 safety employees shall pay the required PEPRA member contribution rate as
established by CalPERSone half of the normal cost rate associated v,ith the 3ro-4ief_
17.3. 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 local
fire employees designated as "classic CalPERS members."
ARTICLE 18. PROVISION OF 1959 PERS SURVIVORS' BENEFIT
The city agrees to provide the Fourth Level of the 1959 Survivors' Benefit.
ARTICLE 19. OVERTIME AND COMPENSATORY TIME FOR EMPLOYEES WORKING
A 112 HOUR/PAY PERIOD SCHEDULE
A. In determining an employee's eligibility for overtime, paid leaves shall be included in the
total hours worked. Excluded from the total hours worked are duty free lunches, travel
time to and from work (except for emergency call-back), and time spent conducting bona
fide volunteer activities.
There shall be no pyramiding of overtime. Hours v,orlced by an employee in any v10rkday
or 1vvorkweek on vvhich premium rates have once been allmNed shall not be used again in
any other overtime calculation other than computing total actual hours '.vorked.~
Time worked shall be computed by rounding to the nearest quarter of an hour.
B. Sworn personnel who are assigned to fire suppression shall work a 112 hour/pay period on
a Kelly schedule or other shift schedule as approved at the discretion of the Fire Chief or
his/her designee. Suppression employees temporarily assigned to light/modified duty will
be assigned a traditional 5/40& work schedule or alternative work schedule as approved at
the discretion of the Fire Chief or his/her designee. In this situation, the employee's hourly
rate will be conve1ied from a 112 hour/pay period schedule rate to an 80 hour/pay period
schedule rate.
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Jan. 14, 2020 Item #4 Page 100 of 157
C. The City of Carlsbad will use a 24-day work cycle for fire suppression employees under
the 7(k) exemptions contained in the Fair Labor Standards Act. The "work period" shall
be twenty-four (24) days in length. The "work schedule" is to be based on a fifty-six (56)
hour average workweek. Each fire suppression employee on a 112 · hour/pay period
schedule (or on a light/modified duty !OD-related work schedule) will earn six (6) hours
of premium pay in each biweekly pay period.
Definition of Fire Suppression and Fire Prevention Employees
Employees in the classifications listed belov, are considered Fire Suppression Employees.
Firefighter
Paramedic Firefighter
Fire Engineer
Fire Captain
Captain Specialist
Employees in all other classifications represented by CFA, Inc. are considered Fire Prevention
Employees.
A 1 .i.. EMPLOYEES \VORKil'+G A. 112 HOUR/PAY PERIOD SCHEDULE:
Ove1iime
The City of Carlsbad may elect to use a 24 day work cycle for fire suppression employees under
the 7(k) e)cemptions contained in the Fair Labor Standards A.ct. The "work period" shall be twenty
four (24) days in length. The "work schedule" is to be based on a fifty_ six (56) hour average
workweek. Premium pay, one and one half (1 1/2) times the normal rate of pay, shall be paid for
all hours in eJrness of the FLSA guidelines in each work period. (The FLSA guidelines pe1mit 182
hours per 24 day work period to be paid at the regular rate of pay for fire suppression employees.)
Therefore, each fire sappression employee on a 112 hour/pay period schedule (or on a modified
duty IOD related v,ork schedule) will earn six (6) hours of premium pay in each biv!eekly pay
period.
B.
In addition, any employee required to perform in excess of an employee's normal
scheduled shift shall receive overtime compensation at the rate of time and one half his/her
regular rate of pay.
For FLSA overtime, tThe regular rate of pay shall be calculated in conformance with the
FLSA.
EMPLOYEES WORKWG AN 80 HOURS/PAY PERIOD SCHEDULE:
1. Overtime
The official 7 day FLS/'.c 1.vork v,eek for employees on a 9/80 Friday to Friday shift
begins four (4) hours after the regularly scheduled starting time for their Friday
shift and ends one hundred sixty eight (168) hours later (at fear (4) hours after the
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Jan. 14, 2020 Item #4 Page 101 of 157
2.
3.
regularly scheduled starting time for their Friday shift). For all others 1.vho work an
80 hour/pay period schedule the FLSA work week is from Monday at 12:00 a.m.
to Sunday at 11 :59 p.m.
i\ny employee required to perform in excess of 4 0 hours in their 7 day FLSl .. work
week or in excess of an employee's normal scheduled day shall receive
compensation at the rate of time and one half his/her regular rate of pay except as
outlined in Section 3 belovv'.
The regular rate of pay shall be calculated in conformance with the FLSA.
Compensatory Time
In lieu of receiving overtime . pay pursuant to Section 1 above, a Fire Prevention
employee may elect, subject to department approval, to receive compensatory time
off on a time and one half basis. No employee shall accrue more than 80 hours of
such compensatory time. Should any employee exceed 80 hours of accrued ·
compensatory time, he/she shall be paid at time and one half his/her regular rate.
lill 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.
lill employee may elect to "cash out" any portion of his/her accrued compensatory
time at his/her regular rate of pay in any pay period. The employee shall indicate
the number of hours to be cashed out on his/her timesheet.
Request for Temporary Shift Adjustment (Flex Time)
An employee on an 80 hour shift may request that the employee's normal workday
be temporarily altered in order to accumulate a credit of work hours that may be
used to take time off during the employee's FLSA work week v,ithout loss of pay.
If the request is approved by management, pay for hours worked during this
temporary shift adjustment shall be paid at the straight time rate even if the
employee's hours 1Norked exceed hisA1er nonnal scheduled shift on that day.
Overtime will still be paid if the employee works in excess of 4 0 hours during
his/her FLSA work ,veek.
ARTICLE 20. FLEXIBLE WORK SCHEDULES dVERTIME AND COMP TIME FOR
EMPLOYEES WORKING AN 80 HOUR/PAY PERIOD SCHEDULE
Employees hired by divisions currently operating on an alternative work schedule shall be subject
to having their daily work schedule changed at the sole discretion of the department. Such changes
include, but are not limited to, a) number of days/hours to be v,rorked on a daily basis and in a
payroll period; b) normal days off; and c) starting/ending times of assigned shifts. Suppression
employees temporarily assigned to light duty 'Will be assigned to the 9/80 work schedule referenced
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belov,' or a traditional 5/40 v1ork schedule. This article shall not be subject to the grievance
procedure.
9/80 Alternative Work Schedule:
The parties acknovdedge that they met and confened in good faith over the terms and conditions
for implementation of a 9/80 work schedule. The result of that meeting and confeHing is reflected
in the City of Carlsbad's A,dministrative Order No. 57, by v,rllich the parties 1.vill control
implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure.
A.
1.
2.
3.
SCOPE
This article shall apply to employees working in the classifications listed below or
shallwho work an 80 hour/pay period on a 5/40 schedule or alternative schedule as
approved by the Fire Chief or his/her designee:
Paramedic Lifeguard Lieutenants
Fire Prevention Personnel
Suppression personnel in the new hire academy
Any classification working on an administrative assignment as approved by the
Fire Chief or his/her designee (e.g ., Training Captain)
However, this aiiicle does not apply to any suppression employee who is assigned to
administrative assignment due to temporary light duty status.
In determining an employee's eligibility for overtime, under this agreement paid leaves
shall be included in the total hours worked. Excluded from the total hours worked are duty
free lunches, travel time to and from work (except for emergency call-back), and time spent
conducting bona fide volunteer activities.·
There shall be no pyramiding of overtime. Hours worked by an employee in any workday
or workweek on which premium rates have once been allowed shall not be used again in
any other overtime calculation other than computing total actual hours worked.
Time worked shall be computed by rounding to the nearest quarter of an hour.
B. COMPENSATION FOR ADMINISTRATIVE ASSIGNMENTS
The employee's hourly rate will be converted from a 112 hour/pav period schedule rate
to an 80 hour/pay period schedule rate. Beginning with the first full pay period following
Council ratification of this MOU, while appointed or assigned to an administrative
position, the employee shall receive an additional 15 percent (15%) above their base
hourly pay rate.
C. HOURS OF WORK
1. Overtime
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The official 7-day FLSA work week for employees on a 9/80 Friday to Friday shift
begins four ( 4) hours after the regularly scheduled starting time for their Friday shift
and ends one hundred sixty-eight (168) hours later (at four (4) hours after the
regularly scheduled starting time for their Friday shift).
For all other employees. except suppression employees on-an administrative
assignment as Lifeguard Supervisors. who work an 80 hour/pay period schedule the
7-day FLSA work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m.
For suppression employees on an administrative assignment as Lifeguard
Supervisors. the city will use a 14-day work cycle for employees under the 7(~)
exemptions contained in the FLSA. The "work period" shall be fourteen (14) days in
length.· The "work schedule" will be variable based on seasonal needs with a base of
forty (40) hour average workweek. Peak season staffing will be set at a 3/12 and 4/12
schedule with a forty-two (42) hour average workweek. The FLSA work period is
from 12:00 am Sunday and concludes on the 14th day on the Saturday at 11 :59 pm.
(Based on the FLSA 7(k) guidelines, hours worked in excess of 106 in the 14-day
work period will be paid out as FLSA overtime.)
Any employee who is not 7k exempt that is required to perform in excess of forty
( 40) hours in their 7 day work week or any employee who works in excess of an
employee's normal scheduled day shall receive overtime compensation.
The regular rate of pay shall be calculated in conformance with the FLSA.
Employees regularly assigned to a 112 hour/pay period schedule who are assigned to
an 80 hour/pay period schedule administrative assignment will not be available to
work shift overtime on days they are assigned to an administrative assignment unless
authorized by the Duty Battalion Chief. Employees are authorized to work
suppression overtime during hours they are not assigned to administration.
Employees working an 80 hour/pay period schedule who work a suppression
overtime shift will have their pay rate converted to the 112 hour/pay period rate while
on the suppression overtime shift. This rate shall not include the 15% administrative
assignment pay.
Suppression members that are on an administrative assignment will not remain
subject to force hires for suppression assignments.
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2. Compensatory Time
3.
4.
In lieu of receiving overtime pay pursuant to Section 1 above, an employee working
an 80 hour/pay period schedule may elect, subject to department approval, to
receive compensatory time off. No employee shall accrue more than 80 hours of
such compensatory time. When an employee has accumulated the maximum
number of hours of compensatory time off, he/she shall receive all overtime
compensation in cash.
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.
Any accrued and unused compensatory time through December 31, 2019 will be
cashed out on the last pay date in June 2020. Effective January 1, 2020, all accrued
and unused compensatory time during the calendar year will be cashed out on the
last pay date of the calendar year. No compensatory time may be accrued beginning
on the last pay period of the calendar year through the end of the calendar year.
At the time an employee switches from an 80 hour/pay period schedule to a 112
hour/pay period schedule, all accrued and unused compensatory time will be cashed
out.
An employee may elect to "cash out" any portion of his/her accrued compensatory
time at his/her regular rate of pay in any pay period. The employee shall indicate
the number of hours to be cashed out on his/her timesheet.
Request for Temporary Shift Adjustment (Flex Time)
An employee may request that the employee's nonnal workday be temporarily
altered in order to accumulate a credit of work hours that may be used to take time
off during the employee's FLSA work week without loss of pay. If the request is
approved· by management, pay for hours worked during this temporary shift
adjustment shall be paid at the straight time rate even if the employee's hours
worked exceed his/her normal scheduled shift on that day.
Employees hired by divisions or bureaus currently operating on an alternative
work schedule shall be subject to having their daily work schedule changed at the
sole discretion of the department. Such changes include, but are not limited to, a)
number of days/hours to be worked on a daily basis and in a payroll period; b)
normal days off; and c) starting/ending times of assigned shifts. This article shall
not be subject to the grievance procedure.
D. RETURN TO SUPPRESSION DUTIES
Upon completion of the administrative assignment the employee will return to his
/her previous rank held at the time of accepting the appointment unless the employee
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has been promoted to another position/rank. The duration of an appointment or
assignment to administrative duties will no1mally be for a minimum of two years but
mav be extended one year at the discretion of the Fire Chief or his/her designee.
ARTICLE 21. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and
intend to apply and implement this MOU so as to comply with the ADA. The parties agree to
consult if compliance with the ADA may require modifying the provisions of this MOU.
ARTICLE 22. FAMILY LEA VE ACT
The parties acknowledge the applicability of the Family Leave Act (Act) and intend to apply and
implement this MOU so as to comply with the Act. The parties agree to consult if compliance
with the Act may require modifying the provisions of this MOU.
ARTICLE 23 . DISCIPLINE OF AN EMPLOYEE
-23 .1 Authority -Full authority for discipline is retained by the city. The city may discipline a
regular employee for just cause. In appropriate cases the city will use progressive
disciplinary practices.
23.2 Representation -An employee attending any investigatory or fact-finding meeting which
may result directly in discipline, reduction in pay, suspension, demotion or discharge
shall be allowed representation.
23.3 Grounds for Discipline -The city has the authority to impose appropriate discipline upon
any represented employee for cause. Discipline shall be commensurate with the
seriousness of the offense and with consideration of the employee's prior performance
and disciplinary record. Grounds for discipline may include but are not limited to the
following:
(1) Fraud in securing employment including untruthfulness, misrepresentation or
omission of information.
(2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness,
working unauthorized overtime, public disclosure of privileged information or
dishonesty.
(3) Failure to maintain certification and licenses required by law or the Fire
Department.
( 4) Being under the influence of alcohol or intoxicating drugs while on duty.
(5) Unauthorized absence without leave.
(6) Criminal conviction having some relevance to the job.
(7) Intentionally being discourteous to the public.
(8) Unauthorized use of or neglect of city property.
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(9) · Abuse of sick leave.
(10) Unauthorized outside employment that constitutes a conflict of interest.
(11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest.
(12) Falsification of any city report or record.
(13) Willful violation of any of the provisions of the City Code, ordinances,
resolutions or any rules, regulations or policies which may be prescribed by the
City Council, City Manager, Fire Chief or his/her designee, or supervisor.
(14) Political activities precluded by State or Federal law.
(15) Other acts that are incompatible with service to the public.
(16) Failure to respond to questions or otherwise fail to participate during an
investigation conducted by the city or its agents.
23.4 Firefighter Bill of Rights Procedures -The following appeals procedures apply to all
represented employees and are adopted
---pursuant to Government Code Section 3254.5 of the California Firefighter Procedural
Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive
action that is required to be afforded to a firefighter under the i\.ct.
Prior to taking punitive action involving discipline, suspension without pay, reduction in
pay, demotion or discharge, the employee shall be given notice of the action to be taken,
the effective date for such action, the evidence or materials upon which the action is
based, and notified of his/her right to be represented by an attorney or other
representative at further proceedings.
23.5 Pre-Discipline Process -The employee will be given an opportunity to respond to the Fire
Chief either orally or in writing, provided the employee requests the opportunity within
seven (7) calendar days of the notice of the intended action.
If the employee or his/her designated representative requests the right to respond to the
proposed punitive action, imposition of proposed punitive action shall be deferred until
after the response is received by the Fire Chief.
It is the Fire Chief's or his/her designee's responsibility to coordinate the scheduling of
the conference within fourteen (14) consecutive days of the employee's request. The Fire
Chief or designee shall be responsible for receiving the employee's and/or his/her
representative's response to the proposed discipline. The conference shall be conducted
informally and shall be limited to the presentation of information by and through the
employee and/or his/her representative in response to the charges and allegations set forth
in the notice of proposed discipline.
In the event the employee is unable to respond to the charges within the time permitted
and demonstrates the reasonableness of a need for a continuance, the presiding officer
may grant a continuance of up to an additional five (5) calendar days.
The time limits described herein are essential and may only be modified or enlarged by
mutual consent of both the employee and the Fire Chief or his/her designee.
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The above process will occur prior to the imposition of the discipline.
23 .6 Notice of Discipline -After conclusion of the pre-disciplinary conference arid within 30
days of the department's final decision, but not less than forty-eight ( 48) hours prior to
imposing discipline, the Fire Chief shall notify the employee in writing of the nature and
extent of the discipline, if any, and the time of commencement thereof. The notice shall
also contain a statement of charges which shall set forth the acts or omissions with which ·
the employee is charged in order that the employee will be able to prepare his/her
defense. Also, the notice shall specify the city rules, regulations, policies and procedures
which the employee is alleged to have violated.
The notice of discipline shall also advise the employee of his/her right to request an
appeal hearing by filing a Notice of Appeal as provided under section 23 .7 below. The
Notice of Appeal must be filed within 15 days after service upon the employee of the
Notice of Discipline. Failure to request an appeal hearing within the 15 day period, will
constitute waiver of the employee's right of appeal. The Notice of Discipline shall be
served personally on the employee with a proof of service noticed and retained by the
department.
23. 7 Right to Appeal -An employee has the right to appeal punitive action according to the
appeal procedure as set out below. Written notice of discipline shall inform and remind
the disciplined employee of this right. A probationary employee (entry level or
promotional) rejected during the probationary period shall not be entitled to appeal such
rejection via the appeals process.
23.8 Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or
Suspension
The City shall follow the Firefighter Procedural Bill of Rights except where hereinafter
noted. The CF A waives the formal appeal of punitive action not involving discharge,
demotion, reduction in pay or suspension (e.g. written reprimands) and agrees to the
following procedures in which the Fire Chief, or his/her designee, shall issue a binding
decision for such discipline.
A. Notice of Appeal -Within seven (7) calendar days ofreceipt of the notice of discipline, a
regular employee shall notify the Fire Chief in writing of the employee's intent to appeal
the punitive action. The notice of appeal shall specify the action being appealed and the
substantive and procedural grounds for the appeal.
B. Presiding Officer -In an informal hearing, the Fire Chief or his/her designee shall be the
presiding officer. If the Fire Chief or designee cannot serve as the hearing officer because
of actual bias, prejudice or interest as defined by Government Code § 11425 .40, then the
City Manager or his/her designee shall serve as the Presiding Officer. In such cases, the
determination of the City Manager shall be final and binding.
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C. Burden of Proof-The city shall bear the burden of proof at the informal hearing. Based
upon a preponderance of the evidence, the Department shall show that the action taken
against the employee was reasonable according to the FBOR.
D. Conduct of Hearing
1. The formal rules of evidence do not apply, although the Presiding Officer shall
have discretion to exclude evidence which is incompetent, irrelevant or
cumulative, or the presentation of which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and testimony. Any
witnesses shall testify under oath.
4. Unless the punitive action involves a loss of compensation, the parties shall not be
entitled to confront and cross-examine witnesses.
5. Following the presentation of evidence, if any, the parties may submit oral and/or
written closing arguments for consideration by the Presiding Officer.
E. Recording of the Hearing-All hearings may be recorded. If the punitive action involves
· the loss of compensation, then the hearing shall be electronically recorded with both
parties receiving a copy of the record.
F. Representation-The firefighter may be represented by an association representative or
attorney of his or her choice at all stages of the proceedings. All costs associated with
such representation shall be borne by the firefighter.
G. Decision-The written decision shall be served in person to the firefighter when practical.
The firefighter shall acknowledge receipt in writing and shall be informed that the time
within which judicial review must be sought is governed by Code of Civil Procedure
§ 1094.6. In the event the decision cannot be delivered in person, the decision will be
delivered to the employee and his/her attorney or representative by first class mail,
postage prepaid, accompanied by an affidavit or certificate of mailing, and shall advise
the firefighter that the time within which judicial review of the decision may be sought.
23.9 Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of
Pay or Suspension
A formal appeal procedure shall be available for a disciplinary action involving
discharge, demotion, reduction in pay or suspension of more than five days. The
administrative appeal shall be conducted in accordance with Chapter 5 ( commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government
Code. The city will bear all administrative costs associated with a formal appeal of
discipline and the subsequent hearing: including the presiding officer, court reporter and
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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 documents.
A. Notice of Discipline as Accusation-The final notice of discipline which may be issued
at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as
described in Government Code§§ 11500, et seq. The notice shall be prepared and served
in conformity with the requirements of Government Code §§11500, et seq.
1. If, after investigation and any pre-disciplinary response or procedure, the fire
department or city decides to impose discipline, the department or the city shall
notify the firefighter in writing of its decision to impose discipline within thirty
(30) days of its decision, but not less than 48 hours prior to imposing the
discipline.
2. The notice_ shall be prepared and served within the tirneframes specified in
Government Code Section 3254( d) and in conformity with the requirements of
Government Code §§11500, et seq. A copy of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the California Government
Code shall be provided to the firefighter concurrently with the notice of
discipline.
B. Burden of Proof -The burdens of proof and production of evidence shall be borne by
the city. The standard of proof shall be by a preponderance of the evidence.
C. Evidence -Rules of evidence shall comply with Chapter 5, Section 11513 of the
Government Code.
D. The appeal proceedings shall be reported by a stenographic reporter. However, upon
the consent of all the parties, the proceedings may be reported electronically.
E. The formal appeal shall be presided over by an administrative law judge on staff of
the State Office of Administrative Hearings, hereafter referred to as the "ALJ". The
ALJ shall preside at the appeal hearing, rule on the admission and exclusion of
evidence and determine and rule on all matters of law both procedural and
substantive. In conducting the appeal hearing the ALJ shall follow the provisions set
forth above.
F. Within thirty (30) days after the case is submitted to him or her, the ALJ shall prepare
a proposed written decision to be submitted to the City Manager. Within 100 days of
receipt by the City Manager of the ALJ' s proposed decision, the City Manager may
take any of the following actions:
(a) Adopt the proposed decision in its entirety.
(b) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the
proposed decision.
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( c) Make technical or other minor changes in the proposed decision and adopt it as
the decision. Action by the City Manager under this paragraph is limited to a
clarifying change or a change of a similar nature that does not affect the factual or
legal basis of the proposed decision.
( d) Reject the proposed decision and refer the case to the same ALJ if reasonably
available, otherwise to another ALJ, to take additional evidence. If the case is
referred to the ALJ pursuant to this subparagraph, he or she shall prepare a revised
proposed decision based on the additional evidence and the transcript and other
papers that are part of the record of the prior appeal hearing. A copy of the revised
proposed decision shall be furnished decision shall be served to each party and his
or her attorney.
(e) Reject the proposed decision, and decide the case upon the record, including the
transcript, or upon an agreed statement of the parties, with or without taking
additional evidence. By stipulation of the parties the City Manager may decide the
case upon the record without including the transcript.
(f) The City Manager's decision will be reduced to writing and shall be final and
binding on the parties. The City Manager's written decision shall be served on the
parties in accordance with Code of Civil Procedure section 1094.6 Government
Code 11518 and the decision shall be subject to judicial review pursuant to Code of
Civil Procedure section 1094.5/Govemment Code.
ARTICLE 24. GRIEVANCE PROCEDURE
24.1 A grievance is an allegation made by an employee that the employee has been
damaged or denied a benefit by the city due to misapplication or a mistaken
interpretation of a specific provision of this Agreement, the city's Personnel Rules .
or, effective no later than January 1, 2009, any existing Fire Department Directive.
which falls within the subject matter contained in the scope of bargaining set forth in
the Meyers, Milias Brown Act.
24.2 Reviewable arid Non-Reviewable Grievances
24.2.1 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 contained in this
Agreement over which the Fire Chief or his/her designee has
control.
( c) Arise out of a specific situation, act, or acts which result in
damage to the employee.
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24.2.2
( d) Arise out of a misinterpretation or misapplication of this
Agreement.
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 24
Discipline), such as:
(1) Applications for changes in title, job classification, or
salary.
(2) Appeals from formal disciplinary proceeding.
(3) Appeals from work performance evaluations.
24.3 Special Grievance Procedure Provisions: The following special provisions apply to
the grievance procedure.
24.3.1
24.3.2
24.3.3
24.3.4
Procedure for Presentation: In presenting a grievance, an employee
shall follow the sequence and the procedure outlined in Section 25 .4 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 facts or actions, including dates, which constitute the
basis for the grievance.
(b) The article that was misapplied or misinterpreted.
( c) The damage suffered by the employee.
( d) The relief sought.
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24.4
24.3.5
24.3.6
24.3.7
24.3.8
24.3.9
24.3.10
24.3 .11
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: Interested parties may provide information during
the hearing of the grievance at any step of the grievance procedure.
Handled During Working Hours: Whenever possible, grievances will
be handled during regularly scheduled working hours.
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 may 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 appeal
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.
Grievance Procedure Steps: The following procedure shall be followed by an
employee submitting a grievance for consideration and action.
24.4.1
24.4.2
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.
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24.4.3
24.4.4
24.4.5
24.4.6
24.4.7
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 Divisionthe Assistant Fire
Chief.
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 Fire Chief. The
Fire 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 Fire 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 selected via the process
described in Section 25.4.7. The grievance shall also be presented to
the Assistant City Manager who may conduct a meeting with the
grievant and/or CF A representative 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.
The employee or employee organization and the city 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.
All administrative costs associated with the cost of a grievance and the
subsequent hearing; including the hearing officer, court reporter and
transcription cost, if any, will be shared equally between the city and the
Carlsbad Firefighters' Association. In the case that the Carlsbad
Firefighters' Association does not support the grievance continuing to
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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 cost, 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 25. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work
environment free from the effects of drugs and alcohol consistent with the directives
of the Drug Free Workplace Act. The City of Carlsbad agrees to use a clinical
laboratory which is certified by the National Institute on Drug Abuse (NIDA), now
known as the Substance Abuse & Mental Health Services Administration
(SAMHSA). All procedures and protocols for collection, chain of custody and testing
will be conducted consistent with standards required under SAMHSA certification.
This policy is intended to accomplish that objective.
A.
B.
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.
Employee Responsibilities
1 .. As a condition of employment, employees shall:
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C.
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 must notify their supervisors when taking any medication or
drugs, prescription or non-prescription ( over-the-counter medications),
which may interfere with safe or effective performance of their duties
or operation of city equipment.
3. Off-duty involvement with any controlled substance including, but not
limited to manufacture, distribution, dispensing, possession, use or any
conviction under a criminal drug statute whose scope and employment
are relevant to city employment may result in disciplinary action up to
and including termination if there is relevant nexus between such off-
duty involvement and the employee's employment with the city,
consistent with the legal requirements for disciplinary due process.
Employer Searches
For the purpose of enforcing this policy and maintaimng a drug-free
workplace, the city reserves the right to search, with notice to the employee
or if no prior notice, in the employee's presence, all work areas and property
in which the city maintains full or joint control with the employee, including
but not limited to city vehicles, desks, lockers, file cabinets, and
bookshelves. These areas remain part of the workplace context even if the
employee has placed personal items in them. Employees are cautioned
against storing personal belongings in work areas under full or joint city
control since such work areas may be subject to investigation and/or search
under this policy. Employees shall have no expectation of privacy in these
areas, locations or properties.
Employer searches shall occur when there is a determination of"reasonable
suspicion" as defined herein. Such searches shall be conducted by persons
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IL
D.
having supervisory and/or other legal authority to conduct such searches.
Searches will not normally occur without concurrence of more than one
supervisor.
If the FBOR (Government code section 3259) is applicable to a particular
search, then the city will comply with the Act notwithstanding anything to
the contrary in this article. For example, the city may conduct searches
without notice to the employee or without the employee being present, if a
valid search warrant has been obtained. The employee may also consent to
a search.
Nothing herein shall prevent the city from taking appropriate action if there
is an inadvertent discovery of evidence of drug or alcohol use.
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.
E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT
regulations
The parties acknowledge that the · Federal Motor Carrier Safety
Improvement Act of 1999 (see Attachment B) and the California Vehicle
Code apply to unit members. The parties shall comply with the regulations
developed by the Department of Transportation to enforce the Act.
DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
1. Prior to receiving an offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
2. Persons whose results are positive for either drugs or alcohol will be
rejected for city employment.
B. Employee Drug and Alcohol Analysis
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1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the
workplace or subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer,"
urine, or blood analysis.
c. An employee may also be required to remain on the premises for
a reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section I.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 pnor mJury 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.
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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.
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 26. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of Understanding:
A. City's principal authorized agent shall be the City Manager or a duly authorized
representative. Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008;
Telephone (760) 434-2820, except where a particular city representative is specifically
designated in connection with the performance of a specific function or obligation set forth
herein.
B. CF A, Inc., principal authorized agent shall be its President or duly authorized
representative. Address: P.O. Box 945, Carlsbad, California 92018-0945; Telephone:
(760) 729-3730; Email: iafflocal3730@aol.com.
ARTICLE 27. FULL UNDERSTANDING, MODIFICATION, WAIVER
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A. It is the intent of the parties that this Memorandum set forth the full and entire
understanding of matters agreed to upon conclusion of meet and confer sessions which
resulted in this .Memorandum. Any other matters not contained herein, which were
addressed during the course of the meet and confer process, resulting from this
Memorandum, are superseded and terminated in their entirety. Any understanding or
agreement, not contained herein, whether formal or informal, which occurred during the
course of meet and confer sessions, resulting in this Memorandum, are terminated or
superseded in their entirety.
B. It is the intent of the parties that this Memorandum be administered in its entirety in good
faith during its full term.
It is recognized that if during such term it may be necessary for the city to propose changes
in matters within the scope of representation not contained in this agreement, the city shall
notify CF A, Inc., indicating the proposed change prior to its implementation. If CF A, Inc.,
wishes to consult or negotiate with the city regarding the matter, CF A, Inc., shall notify the
city within five (5) working days from the receipt of such notice. Upon receipt of such
notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory
resolution of any problem arising as a result of the change instituted by the city.
Where the city makes such changes because of the requirements of the law, the city shall
not be required to negotiate the matter of compliance with any such law.
Nothing herein shall limit the authority of the city to make such changes required during
emergencies. However, the city shall notify CF A, Inc. of such changes as soon as
practicable. Such emergency changes shall not extend beyond the period of emergency.
"Emergency" shall be defined as an unforeseen circumstance requiring immediate
implementation of the change.
C. Failure by CF A, Inc. to request consultation or negotiations pursuant to Paragraph B shall
be deemed as approval of any action taken by the city.
D. Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless
made and executed in writing by all parties hereto, and if required, approved and
implemented by the City Council.
E. The waiver of any breach, term, or condition of this Memorandum by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 28. PROVISIONS OF LAW
It is understood and agreed that this Memorandum 0f Understanding is subject to all current and
future applicable federal and state laws and federal and state regulations. If any part or provision
of the Memorandum is in conflict or inconsistent with such above applicable laws, rules and
regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent
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jurisdiction, such part or provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of this Memorandum shall not be affected thereby.
ARTICLE 29. PARAMEDIC LICENSE PAY
Effective January 1, 2020, Fire Captains aud Fire Engineers who retain their paramedic license
and San Diego County accreditation will receive sixty six dollars and ninety five cents
f$~110.77) per pay period for paramedic license pay.
ARTICLE 30. REPORTING VALUE OF UNIFORMS TO CALPERS
Effective May 31, 2010, all CFA~represented employ~es 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.
ARTICLE 31. ACTING PAY
Whenever the needs of the city require an employee to temporarily perform the duties of a higher
classification than that in which the employee is currently employed for a period of four (4) hours
or more, the employee shall receive 5% additional pay while in the acting capacity. Until July 1,
2017, oOnly employees who are on an Eligibility List (maintained by the Human Resources Dept)
for the higher classification or employees who have completed an Acting Position Taskbook (as
described in the Fire Depmiment Directives) are eligible to serve in an acting capacity. Effective
July 1, 2017,
Appendix A describes the requirements for an employee to be eligible to serve in an acting capacity
in 2020.
Appendix B describes the requirements for an employee to be eligible to serve in an acting capacity
as of January 1, 2021.
An employee may not serve in an acting capacity for more than six (6) months without prior
approval from the Fire Chief or his/her designee. · I
ARTICLE 32. DEFERRED COMPENSATION
The city shall provide for a Deferred Compensation Plan which may be utilized by any employee
on an optional basis. The city reserves the right to accept or reject any particular plan (current
providers are ICMA and Nationwide) and to impose specific conditions upon the use of any plan.
Such plan shall be implemented according to the plan document and without cost to the city.
Effective the pay period that includes January L 2020 and only until the final pay period tbatin
includes December 31 ,calendar year 2022A,s soon as administratively possible after ratification of
this MOU, and only until the pay period that includes December 31 , 2019, for Safety Tier 3
employees only, the City shall match employee contributions contribute a dollar amount that the
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Safety Tier 3 employees contribute into a deferred compensation plan on behalf of employees. -up
to a maximuman of $2,500 per calendar year per employee. The biweekly employer contribution
will be determined by the following formula:
1. Calculate the difference between the employee contribution rate for Safety Tier 3
employees and the employee contribution rate for Safety Tier 1 & 2 employees.
2. Multiply the result by the employee's biweekly base salary.
For example, if an employee contributes $0 ina calendar year 2017, the City contributes $0 in
calendar year 2017; if an employee contributes $1,000 in calendar year 2017, the City contributes
$1,000 in calendar year 2017; if an employee contributes $2,500 in calendar year 2017, the City
contributes $2,500 in calendar year 2017; ifan employee contributes $3,000 in calendar year 2017,
the City contributes $2,500 in calendar year 2017 .
.
ARTICLE 33. LEAVE OF ABSENCE
33.1 Occupational injuries or Illnesses
33.1.1 Employees in the classifications of Firefighter, Paramedic Firefighter, Fire
Engineer, Fire Captain, Paramedic Lifeguard Lieutenant -and Captain
Specialist who are 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.
AH non sappressionother classifications that sustain a work related injury
or illness and becomes temporarily disabled from work as a result, may
receive their full salary, in lieu of the State mandated temporary disability
benefit, for a period of up to forty-five (45) calendar days for any single
incident. The periods of temporary disability need not be continuous. Any
aggravation of a pre-existing occupational injury or illness will be treated
as such and not as a new injury. In this situation, the employee will not be
entitled to any occupational sick leave benefit which exceeds the original
maximum of forty-five ( 45) calendar days. The city reserves the right to
determine whether occupational sick leave will be granted. Granting of
occupational sick leave will be subject to the same procedures and standards
(including predesignated physicians, resolution of disputes over benefits,
use of Agreed Medical Examiners, etc.) as used in workers' compensation
matters and/or FMLA/CFRA matters.
If the employee continues to be unable to work after the above described
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
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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 may 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.
33.2 Non-Occupational Injuries or Illnesses
~ An employee who is temporarily unable to work due to a non-occupational · I
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.
3 3 .2.2 Leaves of absence for pregnancy related disabilities ,viU 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.
33.3 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.
33.4. Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of the Fire Chief or his/her designee for less than two calendar weeks. If
the duration of the leave of absence will be longer, the approval of the City Manager
or his/her designee is required.
An employee shall utilize all his/her vacation, compensatory time off and/or sick
· leave (if applicable) prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
1. Illness or disability.
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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 Fire Chief or his/her designee and
City Manager.
B. Authorization Procedure
C.
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 the Fire Chief or . his/her
designee, and, if applicable, shall be promptly transmitted to the City Manager or
his/her designee for approval. A copy of any approved request for leave of absence
without pay with a duration equal to or greater than two calendar weeks shall be
delivered promptly to the Directors of Finance and Human Resources.
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. Leave Without Pay -Insurance Payments and Privileges
An employee on leave without pay may continue his/her city insurance benefits by
reimbursing the city for the employee's costs of insurance on a monthly basis
during the period of the leave. Failure to reimburse the city for such benefits during
the term of a leave of absence will result in the employee's coverage terminating
on the first day following the month in which the last payment was received.
Upon the employee's return to paid status, any sums due to the city shall be repaid
through payroll deductions. This applies to sums due for insurance as well as other
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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.
33.5. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance
with the provisions of State and Federal law. An employee disabled by pregnancy
shall be allowed to utilize a combination of accrued sick leave, vacation,
compensatory time and leave without pay to take a leave for a reasonable period of
time, not to exceed four months. An employee shall utilize all accrued leave, except
compensatory time off, prior to taking leave without pay. Reasonable period of
time means that period during which the employee is disabled on account of
pregnancy, childbirth, or related conditions .
. An employee who plans to take a leave pursuant to this article shall give the city
reasonable notice of the date the leave shall commence and the estimated duration
of the leave.
Employees disabled by pregnancy may be eligible to return to work on a light duty
assignment per the Department Directive regarding a non-occupational
illness/injury.
33.6. Extended Leave of Absence
Eligibility for accrual of sick leave and vacation, holiday pay and cell phone
allowance vnll be paused antil the employee returns to vwrk under two
circumstances, the one occurring later to have precedence:
• the completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid
or anpaid and except 1.vhen leave is ordered by the City) or
• the completion of a leave of absence related to Section 4 850 of the Labor Code.
For example, if an employee, while avmy from 1.vork on an approved
· leave of absence for family reasons, is diagnosed with a presumptive
illness, the above referenced benefits v,ould continue until the
completion of the leave of absence related to Labor Code Section 4850.
On the day that the employee returns to work from the extended leave of absence,
the employee 1.vill resume eligibility for the abovementioned benefits and the
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employee's salary anniversary date, vacation an,_7:iversary date and seniority will be
adjusted for each calendar day the leave of absence lasted beyond 84 consecutive
calendar days ( 12 weeks) or the completion of a leave of absence related to Section
4 850 of the Labor Code, wliichever was longer.
Exception for a Probationary Nev,ly Hired Employee.
\Vhen a probationary nev✓ly 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 mrneption, all other provisions in this
Extended Leave of Absence section apply to a probationary newly hired employee.
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 and
3. cell phone allowance.
On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee's
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.
ARTICLE 34. MILITARY LEAVE
Military leave shall be authorized in accordance with the applicable provisions of State and Federal
law. The employee must furnish satisfactory proof to the Fire Chief or his/her designee, as far in
advance as possible, that he/she must report to military duty. ·
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ARTICLE 35. JURY DUTY
When called to jury duty, an employee, having provided at least five working days written notice
from the date of the summons, shall be entitled to his/her regular compensation. Employees shall
be entitled to keep mileage reimbursement paid while on jury duty. The Fire 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 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 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 37. PROBATIONARY PERIOD
37.1 The initial hire probationary period shall be one year from the date the employee is hired.
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. ·
37.2 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. Failure to pass probation
shall result in employee being put back to their prior position.
37.3 See Article 33 for the impact of a leave of absence on the probationary period.
ARTICLE 38. POST-RETIREMENT HEALTHCARE TRUST
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The city and CF A, Inc. agree that CF A, Inc. will contract directly with a company of its choosing
to provide post-retirement healthcare trust benefits for all represented employees. All CF A
represented employees will contribute $100 per month into the post-retirement healthcare trust
established by CF A, Inc. via payroll deductions. CF A, Inc., acknowledges that the city has no
. administrative responsibilities or liabilities related to this benefit, other than processing of payroll
deductions. CF A, Inc. shall hold the city harmless for the city's actions related to this Article, and
indemnify the city against any liability the city incurs as a result of this Article, including but not
limited to, its agreement to allow CF A, Inc., to participate in a post-retirement healthcare trust
and/or the city's processing of payroll deductions as set forth in this section.
Begin..-ung ·.vith the first full pay period after ratification of this MOU, tEffective the first pay
period of calendar year 2020, +the city will contribute twenty five dollars ($25) $100 per month
per employee to the Post Retirement Healthcare Trust. To provide CFA members with the value
of this city contrib1.1tion for the pay periods that include the time period bet\veen January 1, 2017
and ratification of this Memorandum by the City Council, the city shall, with payroll, in the first
full pay period after ratification of this Memorandum by the City Council, make a one time taxable
(non PERSable) cash payment equal to the retroactive value of the city contribution for those CFA
members employed by the City on that date.
Effective the first pay period of calendar year 2021, the city will contribute $125 per month per
employee to the Post Retirement Healthcare Trust.
Effective the first pav period of calendar year 2022. the city will contribute $150 per month per
employee to the Post Retirement Healthcare Trust.
ARTICLE 39. OUTSOURCING
The city and CF A agree that the city may contract with public and private entities or individuals
to perform any or all plan check activities except the final step iri the plan checking process. CF A
agrees that the city may contract out these services without meeting and conferring with CF A over
the decision to contract these services or the effects of that decision.
ARTICLE 40. SURVEY MARKET
In keeping with the City Council's philosophy of surveying the total compensation of other
agencies, the agencies listed below will be considered in the survey market for CF A, Inc.
1. City of Del MarCity of Huntington Beach
2. City of Encinitas
3. City of Escondido
4. City of Oceanside
5. City of Poway
6. City of San Marcos
7. City of Solana Beach
8. City of Vista
9. North County Fire District
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10. Rancho Santa Fe Fire District
ARTICLE 41. EDUCATION INCENTIVE
This article shall not be subject to the grievance procedure.
41 .1 Level 1: Applicable to all employees represented by CF A, Inc., effective the pay period
inclusive of January 1, 2015.
(a) Requirement: Present proof to the Fire Chief or his/her designee of the following:
Evidence of the award of each or A Baccalaufeate degfee and at least P.vo
of the following certificates E21 yeafs' e~Epefieace 1.vith a prntessional
issued by the California State muaicipal fife ageacy in a position
Board of Fire Services: fesponsible fOF firn pfevention Of fire
1. Fire Fighter I, supprnssion duties
2. Fire Fighter II, fil
3. Driver Operator IA, an-An Associate degree and at least fouf
4. Driver Operator 1 B, and E41 yeafs' e~rpeFience with a prnfessional
5. Trnining Instructor IA-municipal fife agency in a position
and rnspoasible fof firn prnveatioa Of firn
6. or Sstate Ffire Mmarshal supprnssion duties.
certificate of course
completion for ef-
ceftificates Fire Inspector
IA lB, IC and ID
Trniaing Instmctm 1 B.
Proof of certification from a
California State Fire Marshal
course that is deemed
equivalent to one of the
courses listed above by the
Fire Chief or his/her designee
shall also meet the
requirement.
(b) Compensation:
8atisfactoFy fulfillment of the above fequirements shall be compeasated at the Fate
of seventy five dollars E$751 bi1,veekly. Eligibility for receiving the compensation
will be based upon the date the employee provides evidence of eligibility to the
Fire Chief or his/her designee. It is the sole responsibility of the employee to
make notification of eligibility for the education incentive pay.
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Jan. 14, 2020 Item #4 Page 129 of 157
Effective the first pay period in calendar year 2020, the biweekly compensation
shall be equal to 2.8% of the top step Paramedic Firefighter biweekly base salary
on January L 2020.
Effective the first pay period in calendar year 2021 , the biweekly compensation
shall be equal to 3.4% of the top step Paramedic Firefighter biweekly base salary
on January L 2021.
Effective the first pay period in calendar year 2022, the biweekly compensation
shall be equal to 4.0% of the top step Paramedic Firefighter biweekly base salary
on January L 2022 .
. 41.2 Level 2: Applicable to all employees represented by CFA, Inc., effective the pay period
inclusive of January 1, 2015.
(a) Requirement: Present proof to the Fire Chief or his/her designee of the following:
Evidence of the award of the or A Masters degree and at least four E4)
Fire Officer certificate years' e~r13erience with a professional .
taskbook issued by the municipal fire agency in a position
California State Board of Fire responsible for fire prevention or fire
Services. sappression duties,
Or er
Go~letion of Sstate Ffire a-A Baccalaureate degree and at least six
Mmarshal ce1iificates of E6) years' experience ·with a professional
course completion for Fire municipal fire agency in a position
Inspector 2A, 2B, 2C and 2D. responsible for fire prevention or fire
suppression duties,
Proof of certification from a ef
Galifornia State Fire Marshal an Associate degree and at least nine E9)
course that is deemed years' e~Eperience 'n'ith a professional
eEJ:ui·1alent to the course listed municipal fire agency in a position
abo:i,'e by the Fire Ghief or responsible for fire prevention or fire
his)her designee shall also sappression duties.
meet the requirement.
(b) Compensation:
Satisfactory fulfillment of the above reEJ:Uirements shall be compensated at the rate
of one hundred twenty dollars ($120) biweekly. Eligibility for receiving the
compensation will be based upon the date the employee provides evidence of
eligibility to the Fire Chief or his/her designee. It is the sole responsibility of the
employee to make notification of eligibility for the education incentive pay.
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Jan. 14, 2020 Item #4 Page 130 of 157
Effective the first pay period in calendar year 2020, the biweekly compensation
shall be equal to 4.5% of the top step Paramedic Firefighter biweekly base salary
on January L 2020.
Effective the first pay period in calendar year 2021, the biweekly compensation
shall be equal to 5 .5% of the top step Paramedic Firefighter biweekly base salary
on January 1, 2021.
Effective the first pay period in calendar year 2022, the biweekly compensation
shall be equal to 6.4% of the top step Paramedic Firefighter biweekly base salary
on January L 2022. ·
41.3 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.
41.4 Eligibility for education incentive is determined based on the requirements issued by the
California State Fire Marshal in place at the time the employee presents his/her evidence
of eligibility.-/',. change in the name of any of the above tracks identified or a future .
requirement of promotion in addition to the completion of a "task book" shall not effect
eligibility for certification compensation.
ARTICLE 42. WELLNESS
The City shall contract with a wellness program provider to provide a wellness program to all
CF A employees.
Participation in educational components is mandatory. Employees are strongly encouraged to
participate in the comprehensive fitness assessment and in the blood chemistry evaluation;
however, employees may choose not to participate in either of these two components. All
information and results from this general fitness evaluation are confidential in accordance with
HIP AA regulations, non-punitive and will be given only to the employee.
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.
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Jan. 14, 2020 Item #4 Page 131 of 157
Appendix A
Requirements to be "Certified", Serve in an "Acting" Capacity and Apply for a Promotion
Effective July 1, 2017 thru December 31, 2020
REQUIREMENTS TO TASKBOOK REQUIREMENTS TO SERVE REQUIREMENTS
BE "CERTIFIED" COMPLETION IN AN "ACTING" CAPACITY TO APPLY FOR A
(Taskbooks are PROMOTION AND
described in the City TAKE THE
of Carlsbad Fire PROMOTIONAL
Department TEST
Directives)
I. FIRE ENGINEER
To be a Certified Fire An employee may 1. To be eligible to serve in a In order to qualify for
Engineer, an employee start working on the Fire Engineer acting capacity, participation in the
must City of Carlsbad Fire an employee must be on a promotional process
a. have two (2) years of Engineer Taskbook at current City of Carlsbad Fire for the position of
service in the City of any time and may Engineer eligibility list Fire Engineer, an
Carlsbad Fire complete it either (maintained by the Human employee must be a
Department and before or after taking Resources Department). Certified Fire
b. have completed all the promotional test. 2. However, if there are fewer Engineer.
State Fire Marshal (Note: some of the than three (3) employees on
courses required to items in the taskbook the eligibility list, or, at the
obtain a 2016 require a 2016 discretion of the Fire Chfof or
Driver/Operator Driver/Operator his/her designee, an employee
certification ( or the certificate or the may be placed in an acting
equivalent equivalent Fire Engineer capacity if
certification as certification as defined a. he/she is a Certified
defmed by the State by the State Fire Fire Engineer and
Fire Marshal). Marshal.) b. he/she has completed
the City of Carlsbad
Fire Engineer
Taskbook.
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Jan. 14, 2020 Item #4 Page 132 of 157
REQUIREMENTS TO TASK.BOOK REQUIREMENTS TO SERVE REQUIREMENTS
BE "CERTIFIED" COMPLETION IN AN "ACTING" CAPACITY TO APPLY FOR A
(Taskbooks are PROMOTION AND
described in the City TAKE THE
of Carlsbad Fire PROMOTIONAL
Department TEST
Directives)
II. FIRE CAPTAIN
To be a Certified Fire An employee may 1. To be eligible to serve in a In order to qualify for
Captain, an employee start working on the Fire Captain acting capacity, participation in the
must City of Carlsbad Fire an employee must be on a promotional process
a. have three (3) years Captain Taskbook at current City of Carlsbad Fire for the position of
of service in the City any time and may Captain eligibility list Fire Captain, an
of Carlsbad Fire complete it either (maintained by the Human employee must be a
Department and before or after taking Resources Department). Certified Fire
b. have completed all the promotional test. 2. However, if there are fewer Captain.
State Fire Marshal (Note: some of the than three (3) employees on
courses required to items in the taskbook the eligibility list, or, at the
obtain a 2016 may reqmre discretion of the Fire Chief or
Company Officer certificates and/or: his/her designee, an employee
certification ( or the have prerequisite may be placed in an acting
equivalent requirements.) Fire Captain capacity if
certification as a. he/she is a Certified
defined by the State Fire Captain and
Fire Marshal) and b. he/she has completed
C. be a Certified Fire the City of Carlsbad
Engineer and Fire Captain
d. have completed the Taskbook.
City of Carlsbad Fire
Engineer Taskbook.
(Note: this step (d) is
not required if an
employee was a
Carlsbad Fire
Engineer prior to
7/1/17.)
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Jan. 14, 2020 Item #4 Page 133 of 157
Appendix B
Requirements to Apply for a Promotion and Serve in an "Acting" Capacity
Effective January 1, 2021
I. Fire Engineer
In order to qualify for participation in the promotional process for the position of Fire
Engineer the employee must:
1. Have two (2) years of service in the City of Carlsbad Fire Department.
2. Have completed Driver Operator IA and Driver Operator lB (or the equivalent
courses as defined by the Fire Chief or his/her designee ).
To be eligible to serve in a Fire Engineer acting capacity, and employee must be on a
current City of Carlsbad Fire Engineer eligibility list (maintained by the Human
Resources Department).
II. Fire Captain
In order to qualify for participation in the promotional process for the position of Fire
Captain the employee must:
1. Have three (3) years of service in the City of Carlsbad Fire Department.
2. Have completed all State Fire Marshal courses required to obtain a Company
Officer Task Book ( or the equivalent courses as defined by the Fire Chief or
his/her designee ).
3. Have passed a Carlsbad Fire Department Engineer Exam
To be eligible to serve in a Fire Captain acting capacity, and employee must be on a
current City of Carlsbad Fire Captain eligibility list (maintained by the Human Resources
Department).
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Jan. 14, 2020 Item #4 Page 134 of 157
Appendix C
COMPENSATION AND BENEFITS SUMMARY -EMPLOYEES WORKING A
REDUCED FTE SCHEDULE
For employees in the Fire Prevention Bureau working a reduced FTE schedule (0.75 FTE). pro-
rated pay and benefits are calculated based on 75% of the full time pay and benefits as outlined
below.
The standard 0.75 FTE work schedule is 30 hours per week. If, occasionally, the employee
works more than 30 hours per week, the time worked should be reported appropriately to payroll.
Working more than 30 hours per week should not be a continual or regular practice and may
result in jeopardizing the reduced FTE schedule.
COMPENSATION
Employees will be compensated at an hourly rate derived from the current bi-weekly salary
schedule (i.e., the amount published on the biweekly salary schedule divided by 80 to calculate
the hourly rate). Salary will be calculated based on the number of actual hours worked and
salary earned.
Overtime
Employees will be paid overtime after working in excess of 40 hours a week. Extra hours
worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in
accordance with the Fair Labor Standards Act (FLSA).
ADDITIONAL PAY & CITY CONTRIBUTIONS TO EMPLOYEE ACCOUNTS
Employees who are eligible for the following add-on pays will receive an amount that is prorated
at 75%.
• Bilingual Pay
• Education Incentive
Note: The city contribution to deferred compensation for Safety Tier 3 employees is
calculated using the same percentage of actual base sala1y earnings that is used for full-time
employees. The city contribution to a Post Retirement Healthcare Trust will be equal to the
same amount contributed for a full-time employee.
OTHER
Health Insurance
Employees are eligible to participate in the same health insurance program as full-time
employees, may select one of the City's medical plans and will be enrolled with full benefit
coverage. Reduced FTE employees will be eligible for benefits credits at a 75% prorated
amount. For more information, refer to the city's benefit rate sheets.
Leave Accruals and Holiday Pay
• SICK LEAVE AND VACATION: Accruals are prorated at 75%.
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Jan. 14, 2020 Item #4 Page 135 of 157
• HOLIDAY PAY: Employees receive 6.0 hours of holiday pay per holiday. If a holiday
falls on a day the employee is NOT normally scheduled to work, the employee will agree
with his/her supervisor when to take off a regularly scheduled work shift in that same pav
period as a holiday.
An employee whose scheduled shift duration exceeds the 6.0 hours of holiday pay may get
approval from their supervisor to work extra hours in the pay period in which a holiday falls to
make up for the reduced number of hours paid for the holiday. In this case. it is NOT required to
use leave balances to make up for the fewer hours paid on a holiday. However, on a non-
holiday, if an employee leaves early or takes time off, accrued leave balances must be exhausted
prior to taking leave without pay.
CalPERS Retirement
Per CalPERS law. retirement benefits are calculated based on repmiable earnings and actual hours
worked. Employee retirement contributions are calculated as a percent of reportable wages earned.
Short Term/Long Term Disability and Life/ AD&D Insurance
These benefits are determined using an employee's¾ time regular annual base salary.
Employees are enrolled in the city's short and long-term disability insurance plans (3 /4 -time
employees are not eligible for enrollment in the CF A LTD plan).
Dues
A ¾~time employee does not pay CF A dues.
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Jan. 14, 2020 Item #4 Page 136 of 157
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to
execute this Memorandum of Understanding the day, month, and year first above written.
CITY OF CARLSBAD
KEVIN CRl~WFORDSCOTT CHADWICK, City Manager Date
Approved as to form:
CELIA BREWER, City Attorney Date
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
ER1C EVONSIONJOSHUA CLARK, President Date
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Jan. 14, 2020 Item #4 Page 137 of 157
Exhibit 3
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 8
3. Sick Leave .......................................................... Page 8
4. Bereavement Leave ............................................ Page 9
5. Leave Without Pay ............................................. Page 9
6. Pregnancy Disability Leave ................................ Page 10
7. FMLA ................................................................. Page 10
8. Military Leave .................................................... Page 11
9. Jury Duty ............................................................ Page 11
10. Extended Leave of Absence ............................... Page 11
11. Paid Family Leave .............................................. Page 11
Separation Compensation ................................................ Page 12
Holidays ........................................................................... Page 12
Health Benefits ................................................................. Page 12
Health Insurance for Retirees ........................................... Page 14
Physical Fitness Reimbursement ..................................... Page 14
Short-Term and Long-Term Disability Insurance (LTD)Page 15
Deferred Compensation ................................................... Page 15
Drug and Alcohol Policy ................................................. Page 16
Uniform Reimbursement and Reporting the Value
ofUniformsto CalPERS .................................................. Page 16
Fire Safety Management .................................................. Page 16
Special Assignment and Temporary Upgrade Pay .......... Page 17
Educational Incentive Pay ................................................ Page 18
Jan. 14, 2020 Item #4 Page 138 of 157
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. Exeept 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 Adjustments
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 of local
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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Management Compensation and Benefits Plan
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 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.
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 414(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 CPR 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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Management Compensation and Benefits Plan
practice of requiring its employees to be accountable to the public that they have earned their
salaries. A partial day absence is an absence of less than the employee's regular work day.
Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the City may make salary
or leave reductions based upon full day absences.
Partial day or full day absences shall be first charged against the exempt employee's vacation, sick,
or executive leave account. In the event the exempt employee does not have sufficient time in
his/her leave account to cover the absence, deductions without pay will be made on full days only.
1. Vacation
a. Vacation Accrual
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 of26 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
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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
1. No later than December 10, 2019, management employees will be provided an
option to convert accrued and unused vacation to cash in an amount of up to 80
hours. Fire Battalion Chiefs who work 112 hours/pay period will be allowed to
convert accrued and unused vacation to cash in an amount ofup to 112 hours. All
accrued and unused vacation earned up through the last full period in December
2019, that is not requested to be cashed out by December 10, 2019 is no longer
eligible to be converted to cash, except upon separation of employment with the city.
2. Employees are also eligible to submit an irrevocable request to elect to cash out up to
80 hours ( or up to 112 hours if a Battalion Chief on a 112 hours/pay period schedule)
of accrued vacation hours for the following calendar year.
3. All employees wishing to convert accrued vacation to cash in the year following the
election will complete a form between November 10 and December 10 of each year.
Elections will not carry over from one calendar year to the next calendar year.
4. Only vacation hours accrued during the calendar year following the election may be
cashed out. Employees accruing less than the election amount may cash out no more
than their total vacation accrual in the following calendar year.
5. The employee's accrued vacation to convert to cash will be credited first to the cash
out account with the employee's earned vacation leave until the employee's full
election amount is reached. The vacation hours designated to the cash out account
will not be credited toward the employee's maximum vacation accrual. During this
period of time, no earned vacation leave will be credited to the employee's vacation
time off balance.
6. Payment of vacation hours elected for cash out will be in the last paycheck in
December unless the employee has accrued all the elected vacation hours by June 30, in
which case payment of the all the elected vacation hours may be cashed out in July at
the employee's request. All vacation hours will be paid in the calendar year in which
the vacation hours accrue. If the employee does not accrue all requested vacation
hours in the calendar year, the vacation payment amount will be reduced to the total
number of vacation hours the employee actually accrues in the calendar year and the
payout will be made no later than the last pay date in the calendar year. •
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Management Compensation and Benefits Plan
7. The vacation payment amount will be based on the employee's rate of pay at the
time of the payout. The vacation payment amount is taxable income, subject to all
applicable withholding amounts and payroll deductions.
8. An employee who does not elect to cash out vacation by December 10 waives their
right to do so and will not be allowed to cash out any vacation accruing in the
following 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 Ma11:ager 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
E!._112 ftffi:l:fS-hour/pay period per bi weekly pay periodschedule shall accrue sick leave at a
rate of 25 minutes per daycommensurate 1.vith CFA represented employees that vlOrk at 112
hours per bi 1.veekly pay period. A Fire Battalion Chief who changes from a 112 hour/pay
period schedule to an 80 hour/pay period schedule as a result of an administrative
assignment or an occupational injury assignment (either full or light/modified duty) will
continue to accrue at a rate of 25 minutes per day during this assignment.
Any management employee, except a Fire Safety 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 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.
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Fire Safety Management employees shall be eligible for sick leave conversion based on the
following guidelines.
For a Fire Safety Management employee on an 80 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 160 hours
of sick leave shall be permitted to convert up to 120 hours of accumulated
uncompensated sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours
of vacation. The sick leave conversion option will be provided during the first week
of each fiscal year. Employees will not be allowed to convert sick leave to vacation
if such conversion would put them over the vacation accrual maximum.
For a Fire Safety Management employee on a 112 hour/pay period schedule:
Any represented employee who has accrued and maintains a minimum of 240 hours
of sick leave shall be permitted to convert up to 288 hours of accumulated
uncompensated sick leave to vacation at a ratio of 72 hours of sick leave to 24 hours
of vacation. The sick leave conversion option will be provided during the first week
of each fiscal year. Employees will not be allowed to convert sick leave to vacation
if such conversion would put them over the vacation accrual maximum.
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 o~e month of extended service.
4. Bereavement Leave
An employee may use up to an eqµivalent 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:
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1. Illness or disability.
2. To take a course of study which will increase the employee's
usefulness on return to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department
Head.
b. Authorization Procedure
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin, the
probable date of return, and the agreement to reimburse the City for any benefit
premiums paid by the City during the leave of absence. The request shall normally
be initiated by the employee, but may be initiated by his/her Department Head, and,
if applicable, shall be promptly transmitted to the City Manager or his/her designee
for approval. A copy of any approved request for leave of absence without pay with
a duration equal to or greater than two calendar weeks shall be delivered promptly to
the Directors of Finance and Human Resources.
c. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six months,
unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that the
request for extension is made no later than fourteen (14) calendar days prior to the
expiration of the original leave.
d. 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).
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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
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 in a 12 month period for one or
more of the following reasons:
for the birth/placement ofa 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 on jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an
exemption and/or postponement of jury service on behalf of an employee.
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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 ifan 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,
• cell phone allowance,
• car allowance and
• holiday pay for Fire Battalion Chiefs working a 112 hour/pay period schedule.
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.
11. 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.
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. Hov,rever, they are compensated for holidays
in the same manner as CFA represented employees that 1.vork 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 Columbus Day
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Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Management Compensation and Benefits Plan
Veteran.:.s Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Fire Battalion Chiefs are compensated. for holidays in the manner outlined below.
1) Suppression personnel on an administrative assignment are ineligible for the holiday pay
listed above. These personnel will receive straight time pay when they are regularly
scheduled to work on the holidays listed above.
2) Fire Prevention personnel and personnel on a non-occupational injury light/modified duty
assignment will be eligible to have the day off with pay on the holidays listed above.
3) Suppression personnel working a 112 hour/pay period schedule and personnel on an
occupational injury light/modified duty assignment shall be compensated for an additional
twelve (12) hours of holiday pay (using a base salary rate that excludes additional pays)
on the day the holiday occurs.
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, including Fire Safety 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.
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 emoll for medical
benefits, the employee must select one medical plan from the variety of medical plans offered.
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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)
premmms:
(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)
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.
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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
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.
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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 sq.all 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.
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
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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
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 at
their base hourly rate of pay, which is derived by dividing the Fire Battalion Chiefs weekly
salary by 40 hours for an employee on an 80 hour/pay period schedule and 56 hours for an
employee on a 112 hour/pay period schedule, for the actual hours the Fire Battalion Chief
spends straight time for overtime v,rhen they are covering the duty for a Battalion Chief who is
on a leave of absence or deployed and when they are directed to attend a mandatory training
class or meeting 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 (CF,A,,A.), and at the request of the California Governor's Office of Emergency
Services (Cal OES), California Depruiment 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, e;Employees in the classification of Fire Chief, Assistant Fire Chief,
Fire Division Chief and Fire Marshal who are assigned to the emergency locationa mutual aid
incident (not automatic aid) are paid straight timecompensated for regularly scheduled hours. In
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addition, the employee will be paid at their base hourly rate of pay, which is derived by dividing
their weekly salary by 40 hours for all hours, beginning at the time of dispatch until return to
jurisdiction for overtime (portal to portal).,_ beginning at the time of dispatch to the return to
jurisdiction and e_Bmployees in the classification of Fire Battalion Chief who are assigned to the
emergency location are paid at a rate of 1.5 their base hourly rate of pay, which is derived by
dividing their base weekly rate by 40 hours, for overtime (portal to portal)hours worked in
excess of their normally scheduled work shift beginning at the time of dispatch to the return to
jurisdiction (portal to portal).
3. Fire Battalion Chief Administrative Assignments
While a Fire Battalion Chief is on an administrative assignment, the employee' s hourly rate will
be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate.
While appointed or assigned to an administrative position (80 hour/pay period schedule), the
employee shall receive an additional 15 percent (15%) above their base hourly pay rate.
A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative
assignment will not be available to work shift overtime on days they are assigned to an
administrative assignment unless authorized by the Fire Chief or his/her designee. Employees
are authorized to work suppression overtime during hours they are not assigned to
administration.
A Fire Battalion Chief working an 80 hour/pay period schedule who works a suppression
overtime shift, not including overhead assignments, will have their pay rate converted to the 112
hour/pay period rate while working on the suppression overtime shift. This rate shall not
include the 15% administrative assignment pay.
4. Moving Between an 80 Hour/Pay Period Work Schedule and a 112 Hour/Pay Period Work
Schedule
When a Fire Battalion Chief changes from a 112 hour/pay period schedule to an 80 hour/pay
period schedule, the employee's vacation balance (number of hours of accrued and unused
vacation) is divided by 1.4 so that the dollar value of the employee's vacation balance at the
time of the change remains the same.
When a Fire Battalion Chief changes from an 80 hour/pay period schedule to a 112 hour/pay
period schedule, the employee's vacation balance (number of hours of accrued and unused
vacation) is multiplied by 1.4 so that the dollar value of the employee's vacation balance at the
time of the change remains the same.
5. The city will comply with the Firefighter Bill of Rights Procedures for those Fire Management
employees who are afforded rights pursuant to Government Code Section 3254.5 of the
California Firefighter Procedural Bill of Rights Act (FBOR).
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
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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
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
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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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