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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, 2 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 3 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. 4 Jan. 14, 2020 Item #4 Page 13 of 157 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. 5 Jan. 14, 2020 Item #4 Page 14 of 157 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. 6 Jan. 14, 2020 Item #4 Page 15 of 157 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. 7 Jan. 14, 2020 Item #4 Page 16 of 157 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. 8 Jan. 14, 2020 Item #4 Page 17 of 157 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. 9 Jan. 14, 2020 Item #4 Page 18 of 157 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 10 Jan. 14, 2020 Item #4 Page 19 of 157 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 I I Jan. 14, 2020 Item #4 Page 20 of 157 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. 12 Jan. 14, 2020 Item #4 Page 21 of 157 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." 13 Jan. 14, 2020 Item #4 Page 22 of 157 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 14 Jan. 14, 2020 Item #4 Page 23 of 157 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 15 Jan. 14, 2020 Item #4 Page 24 of 157 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 16 Jan. 14, 2020 Item #4 Page 25 of 157 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. 17 Jan. 14, 2020 Item #4 Page 26 of 157 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. 18 Jan. 14, 2020 Item #4 Page 27 of 157 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 19 Jan. 14, 2020 Item #4 Page 28 of 157 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. 20 Jan. 14, 2020 Item #4 Page 29 of 157 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 21 Jan. 14, 2020 Item #4 Page 30 of 157 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. 22 Jan. 14, 2020 Item #4 Page 31 of 157 (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. 23 Jan. 14, 2020 Item #4 Page 32 of 157 (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. 24 Jan. 14, 2020 Item #4 Page 33 of 157 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 25 Jan. 14, 2020 Item #4 Page 34 of 157 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 26 Jan. 14, 2020 Item #4 Page 35 of 157 (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), 27 Jan. 14, 2020 Item #4 Page 36 of 157 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. 28 Jan. 14, 2020 Item #4 Page 37 of 157 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. 29 Jan. 14, 2020 Item #4 Page 38 of 157 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 30 Jan. 14, 2020 Item #4 Page 39 of 157 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. 31 Jan. 14, 2020 Item #4 Page 40 of 157 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 32 Jan. 14, 2020 Item #4 Page 41 of 157 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 33 Jan. 14, 2020 Item #4 Page 42 of 157 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 34 Jan. 14, 2020 Item #4 Page 43 of 157 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. 35 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: 36 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. 37 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. 38 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 39 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 40 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. 41 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. 42 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. 43 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.) 44 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). 45 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%. 46 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. 47 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. 2 Revised l /14/20 Jan. 14, 2020 Item #4 Page 65 of 157 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 3 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 66 of 157 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) 4 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 67 of 157 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 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 5 Revised I /14/20 Jan. 14, 2020 Item #4 Page 68 of 157 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 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 6 Jan. 14, 2020 Item #4 Page 69 of 157 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. 7 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 70 of 157 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 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. 8 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 71 of 157 Management Compensation and Benefits Plan 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. 9 Jan. 14, 2020 Item #4 Page 72 of 157 Management Compensation and Benefits Plan 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. 10 Jan. 14, 2020 Item #4 Page 73 of 157 Management Compensation and Benefits Plan 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. 11 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 74 of 157 Management Compensation and Benefits Plan 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 12 Jan. 14, 2020 Item #4 Page 75 of 157 Management Compensation and Benefits Plan 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 13 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 76 of 157 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. 14 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 77 of 157 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. 15 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 78 of 157 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. 16 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 79 of 157 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). 17 Revised I /14/20 Jan. 14, 2020 Item #4 Page 80 of 157 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 18 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 81 of 157 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. 19 Revised 1/14/20 Jan. 14, 2020 Item #4 Page 82 of 157 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 11 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 2 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. 3 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. 4 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. 6 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 8 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. 11 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. 14 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:. 15 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. 16 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 17 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 18 Jan. 14, 2020 Item #4 Page 102 of 157 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 19 Jan. 14, 2020 Item #4 Page 103 of 157 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. 20 Jan. 14, 2020 Item #4 Page 104 of 157 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 21 Jan. 14, 2020 Item #4 Page 105 of 157 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. 22 Jan. 14, 2020 Item #4 Page 106 of 157 (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. 23 Jan. 14, 2020 Item #4 Page 107 of 157 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. 24 Jan. 14, 2020 Item #4 Page 108 of 157 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 25 Jan. 14, 2020 Item #4 Page 109 of 157 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. 26 Jan. 14, 2020 Item #4 Page 110 of 157 ( 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. 27 Jan. 14, 2020 Item #4 Page 111 of 157 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. 28 Jan. 14, 2020 Item #4 Page 112 of 157 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. 29 Jan. 14, 2020 Item #4 Page 113 of 157 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 30 Jan. 14, 2020 Item #4 Page 114 of 157 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: 31 Jan. 14, 2020 Item #4 Page 115 of 157 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 32 Jan. 14, 2020 Item #4 Page 116 of 157 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 33 Jan. 14, 2020 Item #4 Page 117 of 157 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. 34 Jan. 14, 2020 Item #4 Page 118 of 157 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 35 Jan. 14, 2020 Item #4 Page 119 of 157 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 36 Jan. 14, 2020 Item #4 Page 120 of 157 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 37 Jan. 14, 2020 Item #4 Page 121 of 157 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 38 Jan. 14, 2020 Item #4 Page 122 of 157 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. 39 Jan. 14, 2020 Item #4 Page 123 of 157 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 40 Jan. 14, 2020 Item #4 Page 124 of 157 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 41 Jan. 14, 2020 Item #4 Page 125 of 157 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. · 42 Jan. 14, 2020 Item #4 Page 126 of 157 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 43 Jan. 14, 2020 Item #4 Page 127 of 157 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 44 Jan. 14, 2020 Item #4 Page 128 of 157 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. 45 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. 46 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. 47 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. 48 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.) 49 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). 50 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%. 51 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. 52 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 53 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. 2 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 139 of 157 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 3 Revised l l/1 2/1 91/14/20 Jan. 14, 2020 Item #4 Page 140 of 157 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) 4 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 141 of 157 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 5 Revised l l/l2/l91/14/20 Jan. 14, 2020 Item #4 Page 142 of 157 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 6 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 143 of 157 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. • 7 Revised l 1/12/191/14/20 Jan. 14, 2020 Item #4 Page 144 of 157 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. 8 Revised l l/12/191/14/20 Jan. 14, 2020 Item #4 Page 145 of 157 Management Compensation and Benefits Plan 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: 9 Revised l l /1 2/ l 9 l/ 14/20 Jan. 14, 2020 Item #4 Page 146 of 157 Management Compensation and Benefits Plan 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). 10 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 147 of 157 Management Compensation and Benefits Plan 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. 11 Revised 1 l/12/191/14/20 Jan. 14, 2020 Item #4 Page 148 of 157 Management Compensation and Benefits Plan 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 12 Revised l l/ 12/19 I/ I 4/20 Jan. 14, 2020 Item #4 Page 149 of 157 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. 13 Revised l 1/12/191/14/20 Jan. 14, 2020 Item #4 Page 150 of 157 Management Compensation and Benefits Plan 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. 14 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 151 of 157 Management Compensation and Benefits Plan 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. 15 Revised l 1/12/J 91 /14/20 Jan. 14, 2020 Item #4 Page 152 of 157 Management Compensation and Benefits Plan 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 16 Revised 11/12/191/ 14/20 Jan. 14, 2020 Item #4 Page 153 of 157 Management Compensation and Benefits Plan 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 17 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 154 of 157 Management Compensation and Benefits Plan 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 18 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 155 of 157 Management Compensation and Benefits Plan 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 19 Revised 11/12/191/14/20 Jan. 14, 2020 Item #4 Page 156 of 157 Management Compensation and Benefits Plan 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. 20 Revised 11 /12/19 1/14/20 Jan. 14, 2020 Item #4 Page 157 of 157