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Home My WebLink About2020-11-03; City Council; ; Memorandum of Understanding with the Carlsbad City Employees’ AssociationMeeting Date: November 3, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Debbie Porter, Senior Human Resources Analyst debbie.porter@carlsbadca.gov, 760-621-1221 Judy von Kalinowski, Human Resources Director judy.vonkalinowski@carlsbadca.gov, 760-473-4670 Subject: Memorandum of Understanding with the Carlsbad City Employees’ Association Recommended Action Adopt a resolution approving a memorandum of understanding between the City of Carlsbad and the Carlsbad City Employees’ Association and its associated salary schedule. Executive Summary Representatives of the city and the Carlsbad City Employees’ Association 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 memorandum of understanding with the Carlsbad City Employees’ Association is from Jan. 1, 2021 to Dec. 31, 2022. In accordance with California Government Code Section 3505.1, the memorandum of understanding is being presented to the City Council as the governing body for its consideration. Carlsbad Municipal Code Section 2.44.020 requires the City Council to approve changes to such documents. Discussion The memorandum of understanding with the Carlsbad City Employees’ Association includes the following provisions: 1.Term: Jan. 1, 2021 – Dec. 31, 2022 2.Article 12 Compensation Adjustments: a.Effective Jan. 1, 2021, all employees shall receive a 2.0% base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for the employee’s classification. b.Effective Jan. 1, 2022, all employees shall receive a 2.5% base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for the employee’s classification. Nov. 3, 2020 Item #5 Page 1 of 159 3. Article 17 Bilingual Pay: a. Effective the first day of the pay period that includes Jan. 1, 2021, pay for the performance of bilingual skills in a foreign language or American Sign Language will increase from $40 to $50 per pay period. City management determines the number of employees eligible for bilingual pay based on business necessity. 4. Article 34 Health Insurance/Flexible Benefits Program • Starting in 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. 5. Article 53 Pay Ranges: a. Effective Jan. 1, 2021, pay ranges for certain classifications will be adjusted to maintain market competitiveness. b. Effective Jan. 1, 2021, all pay ranges will be increased by 2.0%. c. Effective Jan. 1, 2022, all pay ranges will be increased based on the consumer price index, with the minimum increase equal to 0.5% and the maximum increase equal to 3.0%. 6. Language changes made to the memorandum of understanding as outlined in Exhibit 2. Fiscal Analysis All estimated costs include the impact to benefits that are related to the salary or add-on pay. • The annual cost of the salary increases on Jan. 1, 2021, is estimated to be $538,000. Those on Jan. 1, 2022, are estimated to be $661,000. • The annual cost of the increase to the city’s health insurance contribution is estimated to be $272,000 on Jan. 1, 2021, $290,000 on Jan. 1, 2022 and $309,000 on Dec. 31, 2022. • The annual cost of the increase to bilingual pay is estimated to be $26,000. • The cost of adjusting certain pay ranges to maintain market competitiveness on Jan. 1, 2021, is estimated to be $85,000. • There is no fiscal impact associated with the remaining items outlined above. The total estimated fiscal impact in calendar year 2021 is $921,000. The impact to the fiscal year 2020-21 budget – from January 2021 to June 2021 – is $460,500. Funding for this is included in the adopted FY 2020-21 budget. Funding for changes listed above that occur in the future will be included in subsequent adopted budgets. Next Steps Staff will implement the changes outlined in the Carlsbad City Employees’ Association memorandum of understanding. Nov. 3, 2020 Item #5 Page 2 of 159 Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Resolution 2. Revisions to the memorandum of understanding between the city and the Carlsbad City Employees’ Association 3. Revisions to the Carlsbad City Employees’ Association salary schedule Nov. 3, 2020 Item #5 Page 3 of 159 RESOLUTION NO. 2020-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION AND ITS ASSOCIATED SALARY SCHEDULE WHEREAS, representatives of the City of Carlsbad and the Carlsbad City Employees' Association have met and conferred in good faith pursuant to the Meyers-Milias-Brown Act (Cal. Government Code, § 3500 et seq.) regarding wages and other terms and conditions of employment; and WHEREAS, the 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 a Memorandum of Understanding (Attachment A) and its associated salary schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Memorandum of Understanding between the Carlsbad City Employees' Association and the City of Carlsbad (Attachment A) is approved and the city manager is directed to execute it. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of November, 2020, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Schumacher. NAYS: Hall. ABSENT: None. MATT HALL, Mayor V\(\--HrlYinDgl/ta 1°)/ BARBARA ENGLESON, City CI-6rk (SEAL) A •••.(P _ _ Nov. 3, 2020 Item #5 Page 4 of 159 Attachment A CCEA MEMORANDUM OF UNDERSTANDING 1/1/2021 to 12/31/2022 Summary of Significant Changes 1. Term: January 1, 2021 — December 31, 2022 2. Article 12 Compensation Adjustments: a. Effective January 1, 2021, all CCEA employees shall receive a two percent (2%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. b. Effective January 1, 2022, all CCEA employees shall receive a two and a half percent (2.5%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. 3. Article 17 Bilingual Pay: a. Effective the first day of the pay period that includes January 1, 2021 the City will provide additional compensation to an employee in the amount of $50.00 per pay period for the performance of bilingual skills. b. Employees must pass a bilingual proficiency test as determined by the City in the foreign language or American Sign Language (ASL). 4. Article 53 Pay Ranges: a. Effective January 1, 2021, pay ranges for certain classifications will be adjusted to maintain market competitiveness. See Article 53 for list of classifications. b. Effective January 1, 2021, all CCEA pay ranges will be increased by 2%. c. Effective January 1, 2022, all CCEA pay ranges will be increased by the CPI, with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). 5. Article 34 Health Insurance/Flexible Benefits Program a. Effective the pay periods that include January 1, 2021, January 1, 2022 and December 31, 2022, the city benefits credits will increase. Nov. 3, 2020 Item #5 Page 5 of 159 CCEA MEMORANDUM OF UNDERSTANDING 1/1/2021 to 12/31/2022 TABLE OF CONTENTS Foreword Preamble Page Page 1 1 Article 1 Recognition Page 1 Article 2 Implementation Page 1 Article 3 Term Page 1 Article 4 Renegotiation Page 2 Article 5 Authorized Agents Page 2 Article 6 No Strike and No Lockout Page 2 Article 7 City Rights Page 3 Article 8 Employee Rights Page 3 Article 9 Association Rights Page 3 Article 10 Confidential Employees Page 5 Article 11 CCEA Dues Page 6 Article 12 Compensation Adjustments Page 7 Article 13 Distribution of Paychecks Page 7 Article 14 Overtime Page 8 Article 15 Working Out of Classification & Temporary Upgrade Pay Page 12 Article 16 Injured on Duty Page 13 Article 17 Bilingual Pay Page 14 Article 18 Uniforms and Equipment Page 14 Article 19 Tool Reimbursement Page 15 Article 20 Vacation Page 17 Article 21 Holidays Page 19 Article 22 Sick Leave Page 21 Article 23 Bereavement Leave Page 22 Article 24 Family and Medical Leave Acts Page 23 Article 25 Leave of Absence Page 23 Article 26 Military Leave Page 25 Article 27 Jury Duty Page 25 Article 28 Rest Periods Page 26 Article 29 Late Starts Page 26 Article 30 Flexible Classifications Page 26 Article 31 Flexible Start Hours Page 27 Article 32 Alternative Work Schedules and Shift Changes Page 27 Article 33 Flexible Job Sharing Page 28 Article 34 Health Insurance/Flexible Benefits Program Page 28 Article 35 Short Term Disability Insurance Page 30 Article 36 Long Term Disability Insurance Page 31 Article 37 Retirement Page 31 Article 38 Deferred Compensation Page 32 11 Nov. 3, 2020 Item #5 Page 6 of 159 CCEA Memorandum of Understanding Table of Contents Page 2 Article 39 Dispute Resolution Procedure Page 33 Article 40 Alcohol and Drug Policy Page 39 Article 41 Access to Information Page 42 Article 42 Communications Page 43 Article 43 Legal Representation Page 43 Article 44 Layoff Page 44 Article 45 Full Understanding, Modification & Waiver Page 46 Article 46 Provisions of Law Page 46 Article 47 Retention of Benefits Page 46 Article 48 Non-discrimination Clause Page 47 Article 49 Americans With Disabilities Act Page 47 Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits Page 47 Article 51 Special Housing Facilities Page 47 Article 52 Contracting Out Work Page 50 Article 53 Pay Ranges Page 51 Article 54 Survey Market Page 53 Article 55 Reopener Page 54 Article 56 Paid Family Leave Page 54 Article 57 Confined Space Pay Page 54 Attachment A Salary Schedule - General Employees Attachment B Compensation and Benefits Summary — CCEA Represented Employees Working a Reduced FTE Schedule Attachment C Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment Attachment D Separation Agreement and General Release 111 Nov. 3, 2020 Item #5 Page 7 of 159 MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees' Association Foreword The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City"), and the designated representatives of the Carlsbad City Employees' Association (hereinafter referred to as "CCEA" or "Association"). Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the general employees covered under this Memorandum, as shown on Attachment A; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. Article 1 Recognition The City of Carlsbad recognizes CCEA as the exclusive majority representative for all classifications in this unit, as set forth in Attachment A, pursuant to the petition for formal recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with the Carlsbad Municipal Code. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council acts, by majority vote, formally to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum of Understanding shall be from January 1, 2021, through December 31, 2022. 1 Nov. 3, 2020 Item #5 Page 8 of 159 Article 4 Renegotiation In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to initially meet not less than forty-five (45) calendar days and no more than six months prior to the expiration of the Memorandum of Understanding, if possible. Article 5 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: A. City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (760) 602-2440), except where a particular City representative is specifically designated in connection with the perfoimance of a specific function or obligation set forth herein. B. CCEA authorized representatives shall be its President, its Board of Directors, or a CCEA member in good standing who has been designated as an authorized CCEA representative in writing by CCEA's President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carlsbad, CA 92008). C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the CCEA designated staff representatives. CCEA will notify Human Resources of the organization, contact name, and address whenever a change is made. Article 6 No Strike and No Lockout A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this agreement, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6, A. D. Association Official Responsibility. Each employee who holds the position of officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provision of this article, the Association agrees to inform its members of their obligations under this agreement and to direct them to return to work. Nov. 3, 2020 Item #5 Page 9 of 159 Article 7 City Rights The rights of the City include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, committees, and boards; set standards of service; determine procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 8 Employee Rights A. Employees of the City shall have the right to form, join and participate in the activities of CCEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City, CCEA or other employee organization(s) because of the exercise of his/her rights under this Article. C. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the City, on any matter of Employer-Employee Relations. D. CCEA shall be provided notice of the results of such individual Employee-City meetings. Article 9 Association Rights A. The City recognizes the right of CCEA to govern its internal affairs. B. The City agrees to include a one-page CCEA "Information Sheet" in the orientation packet for newly hired employees in positions represented by CCEA. The City and CCEA agree that the purpose of the "Information Sheet" is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the "Information Sheet" shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the "Information Sheet." Prior to distribution the "Information Sheet" must be approved by the Human Resources Director. Should the City have less than ten (10) CCEA infoimation sheets on hand, it shall notify CCEA so that CCEA can ensure that the City has adequate information sheets on hand for new hires. C. The City will furnish bulletin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The City may remove CCEA material only in 3 Nov. 3, 2020 Item #5 Page 10 of 159 the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to CCEA. Bulletin boards shall be located at: 1) City Hall Employees' Lounge, 2) Library Employees' Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday Employees' Lounge, 6) Safety Center Employees' Lounge, 7) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk's Office, and 11) the Senior Center. By mutual agreement additional locations may be added. CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the City for the exclusive use by CCEA. D. Upon written request from CCEA, the City agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared. E. CCEA shall provide and maintain with the City a current list of the names and all authorized representatives of the CCEA. An authorized representative shall not enter any work location without the consent of the Department Head or his/her designee or the City Manager or his/her designee. The Department Head or his/her designee shall have the right to make arrangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access. F. CCEA may, with the approval of the Human Resources Department, be granted the use of City facilities for after hour meetings. G. CCEA shall be allowed to designate employee representatives to assist employees in preparing and processing grievances; and preparing and presenting material for disciplinary appeals hearings. CCEA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. 4 Nov. 3, 2020 Item #5 Page 11 of 159 Designated employee representatives requesting time off under this article shall direct such request to his/her immediate supervisor in writing within a reasonable time period to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. H. CCEA may select members of the organization to attend scheduled meetings with the City staff on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the City may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the City at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Department Head or other authorized City management official. (2) That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. Article 10 Confidential Employees Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer- employee relations. Confidential employees: • may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures), • may not provide information related to or participate in labor negotiations on behalf of CCEA, • and may not disclose information obtained in their job duties to bargaining unit members or any employee organization unless required by their job. This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA. The following positions are designated as confidential: 1) Human Resources Department: all CCEA-represented positions in this department 2) City Manager's Office: all CCEA-represented positions in this department 3) City Attorney's Office: all CCEA-represented positions in this department 4) Finance Department: Administrative Secretary, Accountant and Accounting Technician assigned to payroll responsibilities, Business Systems Specialist, Secretary 5 Nov. 3, 2020 Item #5 Page 12 of 159 5) Information Technology Department: Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions. The City may create new confidential positions. In such cases, the City will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. Article 11 CCEA Dues The CCEA will provide the City with information regarding the amount of dues deductions and the list of CCEA member employees who have affirmatively consented to or authorized dues deductions. The City shall deduct CCEA membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the bi-weekly pay of each member employee and remit the deducted dues to the CCEA as soon as possible after the deduction. The City agrees to direct each member employee to CCEA with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law. CCEA is responsible for providing the City with timely information regarding changes to member employees' dues and any other lawful union-related payroll deduction. 1.0 CCEA's Certification The City shall make payroll deductions in reliance on the Union's certification certifying that CCEA has and will maintain an authorization, signed by each member employee who affirmatively consents to pay CCEA membership dues. The CCEA is responsible for providing the City with timely information regarding changes to member employee's dues and any other lawful union-related payroll deduction. The City shall continue to withhold such deductions and shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by CCEA. The City shall not request CCEA to provide a copy of any member employees' authorization unless a dispute arises about the existence or terms of the authorization. 2.0 Covered Employees All employees covered by the Memorandum of Understanding between the City and the Association are considered covered employees under this Article. 6 Nov. 3, 2020 Item #5 Page 13 of 159 3.0 Priority of Deductions All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over dues deductions. No dues deduction will be made from an employee's paycheck unless the employee's earnings are sufficient to cover the dues after all other legal and required deductions are made. 4.0 Indemnification The Association agrees to defend, indemnify and hold the City (including its Water District and their officers, employees, agents, and elected or appointed officials) hamiless from and against any and all claims, demands, losses, damages, disputes, fines, penalties, suits, actions, causes of action, judgments, obligations, liabilities, costs and expenses (including, but not limited to, reasonable attorney's fees and court costs), or other actions arising out of or relating to Article 11, including but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the CCEA's certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the CCEA. In the event any such action or proceeding is brought against the City by reason of any such claim, the CCEA, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the CCEA agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the CCEA's actions or inactions under Article 11. Article 12 Compensation Adjustments Effective January 1, 2021, all CCEA employees shall receive a two percent (2%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. Effective January 1, 2022, all CCEA employees shall receive a two and a half percent (2.5%) base salary increase. An employee's base pay rate may not exceed the maximum of the pay range for their classification. The City will continue its practice of periodically reviewing classification specifications and salaries. Article 13 Distribution of Paychecks CCEA employees are not required to receive payroll funds through electronic deposit. Employees who provide written authorization for such electronic deposit, shall receive a Statement of Earnings (pay stub) through an electronic pay system. The electronic pay system will permit employees to view/print current and previous bi-weekly pay stubs. The Employer will provide training for all employees, as necessary in the use of the electronic pay system. For those employees who do not provide written authorization for an electronic deposit of their payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the 7 Nov. 3, 2020 Item #5 Page 14 of 159 Friday following the electronic pay date or as soon as administratively possible if there is not an Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required. The City shall make every reasonable effort to resolve payroll errors during the next pay period, and to provide additional sums (when warranted) with the following payroll. The City agrees to meet with the CCEA at mutually acceptable times and places to review payroll related problems affecting more than one bargaining unit member. Article 14 Overtime 1. Overtime Any employee required to perfomi in excess of forty (40) hours in a seven (7) day cycle and/or in excess of an employee's scheduled work day shall receive compensation at the rate of time and one-half his/her regular rate of pay, except as outlined in Section 2 below. The regular rate of pay shall be calculated in conformance with the FLSA. In determining an employee's eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Request for Temporary Shift Adjustment (Flex Time) An employee may request that the employee's normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee's FLSA work week and same pay period without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate. The FLSA work week for employees on a 9/80 schedule begins four (4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty eight (168) hours later (at four (4) hours after the regularly scheduled starting time for their Friday shift). For all others the work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. 3. Call Back Pay Call back duty occurs when an employee is requested and accepts the request to return to duty on a non-regularly scheduled work shift. Call back does not occur and regular overtime rules and pay apply (e.g., no minimum) when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift or if the 8 Nov. 3, 2020 Item #5 Page 15 of 159 assignment has been scheduled in advance and the employee is provided with at least twenty four (24) hours notice of said assignment. Coming Back To Work If the employee has to come to work to resolve the problem, (i.e., the work is not completed remotely via phone/computer) the employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time the employee begins their commute to work. The employee shall be paid for travel time to and from the call back assignment up to a maximum total travel time (to and from) of three (3) hours. Travel time is included as part of the call back minimum compensation. Mileage reimbursement for expenses to the work site will not be compensated. Some example scenarios are shown below. Example 1 Time spent commuting to work is 2 hours Time spent at work is 1 hour Time spent commuting back home is 2 hours Total paid time for this scenario would be 4 hours maximum 3 hours for commute/travel time plus 1 hour at work). Example 2 Time spent commuting to work is 15 minutes Time spent at work is 30 minutes Time spent commuting back home is 15 minutes Total paid time for this scenario would be 2 hours (the minimum call back pay). Example 3 Time spent commuting to work is 1 hour Time spent at work is 1 hour Time spent commuting back home is 1 hour Total paid time for this scenario would be 3 hours. Performing the Work Remotely If the work is performed remotely via phone/computer the employee shall be credited for a minimum of thirty (30) minutes work commencing at the time the employee begins the callback work. If an employee receives multiple calls/messages and completes the work related to all of those calls/messages remotely and via phone/computer within the same thirty (30) minute period, the employee shall be credited for a minimum of thirty (30) minutes work. 4. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off. No employee shall accrue more than eighty (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. 9 Nov. 3, 2020 Item #5 Page 16 of 159 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. 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 any time an employee may elect to "cash out" any portion of his/her accrued compensatory time balance at his/her regular rate of pay by requesting this "cash out" on his/her time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 5. Overtime Authorization All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. 6. Clothes Changing Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utili7e the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence and work. Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunch time. Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever. 7. Training Time Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq. Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq. When feasible, the Department will adjust the employee's work schedule to minimize the impact of travel and training time. 10 Nov. 3, 2020 Item #5 Page 17 of 159 Travel time to and from local work-related training either before, during or after regularly scheduled work hours shall be compensated for all CCEA employees regardless of whether the employee is a driver or passenger. For the purposes of this section, "local" refers to work related training taking place in San Diego, Imperial, Orange, Riverside, San Bernardino and Los Angeles Counties. 8. City Vehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. Refer to Administrative Order No. 3 for more information regarding use of City vehicles. This provision also applies in those situations where the radio must be left on and monitored. 9. Court Pay When an employee is physically called to court for City-related business, while off duty, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for the court appearance. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. 10. Standby Pay "S t,ndby assignment" requires an employee to: a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department; b. Carry a cellular phone during standby assignment; c. Respond to a call/message promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Callback shall be handled in accordance with each department's standby/callback policy; d. Each department's standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring. In addition, the City shall provide training for the supervisors and managers responsible for administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; e. Abide by the City's Alcohol and Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rules and regulations set forth by the Department of Transportation (DOT); 11 Nov. 3, 2020 Item #5 Page 18 of 159 f. Wear appropriate clothing, safety equipment, and any other form of City identification as defined by the department when making a callback response from standby assignment; g. Accept $35.00 per day for each day on standby assignment. h. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. i. The Information Technology Department will implement standby duty upon ratification of this MOU and in accordance with the Infoimation Technology Department Standby Policy dated February 23, 2018. Article 15 Working Out of Classification and Temporary Upgrade Pay Whenever the needs of the City require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification for a period of more than twenty-one (21) calendar days, the employee shall be designated as being in an out-of-class assignment and shall receive additional temporary upgrade pay while in the out-of-class assignment. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less than five percent (5%) greater than his/her current base salary. Subsequent to designation in an out-of-class assignment, in the event that the situation changes and the City does not need the employee to serve in an out-of-class assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at least twenty-one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she shall receive not less than 2 5% temporary upgrade pay. The temporary upgrade pay shall commence on the first (1st) calendar day of the temporary out- of-class assignment. The recommendation that an employee be placed in an out-of-class assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. If an employee is serving in an out-of-class assignment for a vacant position, the employee shall not serve more than nine hundred sixty (960) total hours, including leave and overtime hours, in a fiscal year. All other employees in out-of-class 12 Nov. 3, 2020 Item #5 Page 19 of 159 assignments shall not serve for more than one hundred and eighty (180) calendar days unless approved by the City Manager or his/her designee. Temporary upgrade pay shall be reported to the Public Employees' Retirement System in accordance with applicable regulations. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their out of class assignment shall cease on the twenty-second (22nd) day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of the day the employee returns to work. A person appointed M an out-of-class assignment shall be eligible to receive merit increases in his/her regular position during the out-of-class assignment. The Human Resources Director shall obtain the employee's consent for the temporary performance of any of the duties of the higher classification beyond a period of twenty-one (21) calendar days, prior to the employee's assuming or continuing the duties and additional compensation, which consent shall clearly state that it is understood that a reduction in salary shall be effected to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. The Association may present to the Human Resources Director specific facts which support that an employee is performing the duties of a higher classification. The Human Resources Department will conduct a study and provide the Association with the findings of the classification study. Should the study determine the duties to be of a higher, lower or comparable existing classification, a proposed solution to the situation will be offered. The proposed solution may include, among other alternatives, that the work be managed in an alternative manner or that the position be reclassified to reflect the work being performed. The reclassification of a position will be approved in accordance with the personnel rules. Article 16 Injured on Duty Occupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work. Any general employee that sustains a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period 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 pre-designated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers' compensation matters and/or FMLA/CFRA matters. An employee who is still temporarily disabled after the forty-five (45) calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the City shall supplement the State rate, up to the employee's full salary level, by 13 Nov. 3, 2020 Item #5 Page 20 of 159 utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee's accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period. Wages alone will be the basis of computation for occupational sick leave. Article 17 Bilingual Pay Effective the first day of the pay period that includes January 1, 2021, the City will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the City. In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined by the City in the foreign language or American Sign Language (ASL). This Article shall not be subject to the grievance procedure. Article 18 Uniforms and Equipment A. The City shall continue to provide and maintain uniforms in the maintenance departments. B. Employees shall be responsible for proper care and maintenance of uniforms. C. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the City. D. The City shall determine the CCEA classifications which require employees to wear safety footwear. The City shall establish, subject to consultation with the affected employees, a voucher system for the employees to acquire safety footwear and insoles. Acquisitions of safety footwear or insoles made outside the voucher system must be pre- approved by the acquiring employee's department. Reimbursement for the acquisition of safety footwear and insoles shall be limited to a maximum of four hundred and fifty dollars ($450) per fiscal year. All reimbursement requests must be approved by the acquiring employee's department. E. The City will reimburse any employee who is required to wear safety glasses and/or goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of prescription lenses for such glasses and/or goggles, subject to the following conditions: 1. The employee must present an appropriate receipt; 2. Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician; 14 Nov. 3, 2020 Item #5 Page 21 of 159 3. The City will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses and/or goggles have been damaged; and 4. Glasses and/or goggles for which the City has provided reimbursement shall only be used while performing work for the City. F. Value of Uniforms reported to CalPERS The City shall report the biweekly amount of $1.92 as special compensation related to the monetary value of the required uniforms for employees in the following positions: 1. Building Maintenance Worker HI 2. Cross Connection Control Technician 3. Custodian /Custodian II 4. Environmental Specialist FIT 5. Equipment Service Worker 6. Equipment Technician I/II 7. Lead Equipment Technician 8. Maintenance Aide in the Parks Division 9. Maintenance Worker in Parks and Streets Departments 10. Meter Services Worker I/II/III 11. Park Maintenance Specialist 12. Park Maintenance Worker II/III 13. Sanitation Systems Operator I/II/III 14. Scada Technician 15. Senior Building Maintenance Worker 16. Senior Cross Connection Control Technician 17. Senior Environmental Specialist 18. Storm Drain Maintenance Worker 19. Street Maintenance Worker I/II/III 20. Tree Trimmer I/II 21. Tree Trimmer Leadworker 22. Utility Worker I/II/III 23. Warehouse Technician 24. Water Conservation Specialist 25. Water Systems Operator MITI Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. Article 19 Tool Reimbursement This article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Lead Equipment Technician, Equipment Technicians and Equipment Service Workers. 15 Nov. 3, 2020 Item #5 Page 22 of 159 Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City facility or some other catastrophe or accident not due to the employee's negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee's possession at work, including those tools over and above the "essential tool list," must be on file with the Superintendent. The City has the right to request that a specialized tool(s) not be kept in the employee's inventory. The City will reimburse the employees in the above classifications up to five hundred fifty ($550) dollars in a fiscal year for the cost of tools, subject to the following conditions: 1) The employee must present an appropriate original receipt; 2) Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year. Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar maximum, will be incorporated into the employee's regular payroll check and treated as taxable income. It is the responsibility of the Management to direct the administration of the tool reimbursement and: A. Provide a list of "essential tools" which define the full inventory of tools required for employees to be eligible for tool reimbursement. B. Recommend revisions to the "essential tools" and to meet the requirements of current skilled trades technology. C. Informally agree with members of the shop when considering adding tools to the "essential tool list." Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as "essential tools." Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all "essential tools." The appropriate supervisor during the month of August will: A. Review the personal tool inventory as meeting the requirements of "essential tools." B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the "essential tools" list on an item-by-item basis. 16 Nov. 3, 2020 Item #5 Page 23 of 159 In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees. Article 20 Vacation Every probationary and regular full-time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15-minute increments. A. Basis of Accrual Accrual of vacation begins with the first working day following appointment and thereafter accrues on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service — 13 minutes/day. • Beginning the sixth (6th) year of employment through the completion of ten (10) full calendar years of continuous service —20 minutes/day. • Beginning the eleventh (11th) year of employment through the completion of eleven (11) full calendar years of continuous service —21 minutes/day. • Beginning the twelfth (12th) year of employment through the completion of twelve (12) full calendar years of continuous service —22 minutes/day. • Beginning the thirteenth (13th) year of employment through the completion of thirteen (13) full calendar years of continuous service —24 minutes/day. • Beginning the fourteenth (14th) year of employment through the completion of fifteen (15) full calendar years of continuous service— 25 minutes/day. • Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. B. Vacation Accrual Maximum All employees shall be entitled to earn and accrue up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum. Department Heads shall encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Department Head and the City Manager. The Department Head and the City Manager may grant such request if it is in 17 Nov. 3, 2020 Item #5 Page 24 of 159 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. Employees are eligible to submit an irrevocable request to elect to cash out up to 80 hours of accrued vacation hours for the following calendar year. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave Refer to Article 25.3 for the effect of a leave of absence on vacation accrual. 18 Nov. 3, 2020 Item #5 Page 25 of 159 F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from City service. This clause shall not limit the City's right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall nomially provide one week notice in advance of the day(s) he/she is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Vacation Payout An employee separating from the City service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. Article 21 Holidays A. Authorized Holidays The City shall observe eleven (11) scheduled paid holidays. The scheduled paid holidays that will be official City holidays shall be as follows: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day Only those who are on employed status on their last scheduled workday before a holiday shall be entitled to the paid holiday except where otherwise required by law. Effective July 1, 2019, all CCEA employees will receive two floating holidays per fiscal year, each year on July 1st. 19 Nov. 3, 2020 Item #5 Page 26 of 159 The floating holiday may be used at the discretion of the employee with prior approval of the Department Head. The floating holiday must be taken as a full day off There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment. B. Procedure if Holiday Falls on Saturday or Sunday When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. The City shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official City holidays. C. When a Holiday Falls on a Regularly Scheduled Work Shift When a holiday falls on an employee's regularly scheduled work shift, the employee is entitled to be absent that day and receive holiday pay at straight time equal to the number of hours in his/her regular work shift. If the employee's supervisor requests that the employee work on that holiday, the employee may, with the supervisor's approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on the holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. D. When a Holiday Falls on an Employee's Regular Day Off When a holiday occurs on a day which is the employee's regular day off, the employee is entitled to be absent on their next regularly scheduled work shift immediately following the holiday (i.e., their next regularly scheduled work shift becomes their designated holiday). If the employee's supervisor requests that the employee work on their designated holiday (i.e., the next regularly scheduled work shift immediately following the City's published holiday), the employee may, with the supervisor's approval, choose one of the following two options. 20 Nov. 3, 2020 Item #5 Page 27 of 159 Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee's regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on their designated holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. E. Employees on Leave Refer to Article 20 and Article 22 for information regarding the impact of holidays on vacation and sick leave. Article 22 Sick Leave Sick leave can be used in 15-minute increments. A. Accrual Every probationary and regular full-time employee shall accrue sixteen (16) minutes sick leave with pay for each calendar day of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Such accruals shall be cumulative. An employee shall not receive payment for unused sick leave accumulated to his/her credit upon termination, whether voluntary or involuntary. Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability that is not job related. 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 3. A pre-scheduled doctor, dental, or optometry appointment has been approved by the employee's direct supervisor. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in Article 23, Bereavement. 5. All leave provisions will be administered consistent with state and federal laws. 21 Nov. 3, 2020 Item #5 Page 28 of 159 B. Proof of Illness In order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor prior to the time set for the beginning of his/her regular duties. The Department Head, with Human Resources department approval, 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 workdays. The Human Resources department, at the request of the Department Head may also designate a licensed physician to conduct a physical examination, and such examination shall be conducted at City expense Employees shall be required to account for all hours they are requesting as sick leave by completing an absence request. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Department Head the employee has abused such privileges. C. Effect of Leave of Absence Refer to Article 25.3 for the effect of a leave of absence on sick leave accrual. D. Blood Donations Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against accrued leave when such absence is approved in advance by the supervisor. E. Effect of Holidays on Sick Leave In the event one or more authorized municipal holidays fall within a sick leave, such holiday shall not be charged as sick leave, but shall be credited as a holiday. F. Sick Leave Conversion Any permanent employee who has accrued and maintains a minimum of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) days of accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum of three hundred and twenty (320) hours. Any permanent employee applying for retirement with the Public Employees' Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. Article 23 Bereavement Leave A. An employee shall be granted, upon written request, up to three work shifts of paid bereavement leave if required to be absent from duty due to the death of a member of the 22 Nov. 3, 2020 Item #5 Page 29 of 159 employee's immediate family. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The "immediate family" shall be defined in the personnel rules and regulations. B. The employee may be required to submit proof of relative's death before final approval of bereavement leave is granted. Article 24 Family and Medical Leave Acts The parties acknowledge the existence of the state and federal family and medical leave acts ("the Acts") and intend to apply and implement this Memorandum of Understanding so as to comply with the Acts. As to employees who are entitled to family and medical leave under the Acts, the City will apply "Article 25 Leave of Absence," as modified to comply with greater benefits and protections, if any, that are provided in the Acts. The parties agree to consult if compliance with the Acts may hereafter require modifying the provisions of this Memorandum of Understanding. Article 25 Leave of Absence 1. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of his/her Department Head for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or his/her designee is required. An employee shall utilize all his/her vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. 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 23 Nov. 3, 2020 Item #5 Page 30 of 159 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. Leave Without Pay - Insurance Payments and Privileges An employee on leave without pay may continue his/her City insurance benefits by reimbursing the City for the employee's costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the City for such benefits during the term of a leave of absence will result in the employee's coverage terminating on the first day following the month in which the last payment was received. Upon the employee's return to paid status, any sums due to the City shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the City and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. 2. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be 24 Nov. 3, 2020 Item #5 Page 31 of 159 allowed to utilize a combination of accrued sick leave, vacation, compensatory time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except compensatory time off, prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the City reasonable notice of the date the leave shall commence and the estimated duration of the leave. 3. Extended Leave of Absence Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) an employee will not be eligible for the benefits listed below: O accrual of sick leave and vacation and O cell phone allowance. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee's vacation anniversary date and seniority (calculation of continuous service with the City) will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days. 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 for the same injury, illness or reason for the leave, (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 shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. Article 26 Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to his/her Department Head, as far in advance as possible, that he/she must report to military duty. Article 27 Jury Duty When called to jury duty, an employee, having provided at least seven (7) calendar days written notice, shall be entitled to his/her regular compensation. If an employee also receives any 25 Nov. 3, 2020 Item #5 Page 32 of 159 compensation from the court for serving on a jury, the employee will reimburse the City for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. A Department Head may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the workday. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the workday remains in light of travel time to the job site after release. Article 28 Rest Periods All CCEA represented employees shall receive, at the direction of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. Rest time is not cumulative beyond the half-scheduled workday within which the break period occurs. Article 29 Late Starts An employee who is tardy to work shall be formally counseled by his/her supervisor. Tardiness may cause the employee's pay to be docked. Such docking shall be done by rounding to the nearest quarter hour. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. Article 30 Flexible Classifications An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following twelve (12) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City- established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee's salary will bet set equal to the pay range minimum. Entry Level Position Account Clerk I Technician I Engineering Technician I Library Assistant I Maintenance Worker I Maintenance Worker I Meter Services Worker I Office Specialist I Planning Technician I Journey Level Position Account Clerk II Building Technician II Engineering Technician II Library Assistant H Park Maintenance Worker II Street Maintenance Worker II Meter Services Worker II Office Specialist II Planning Technician II 26 Nov. 3, 2020 Item #5 Page 33 of 159 Police Records Specialist I Police Records Specialist II Tree Trimmer I Tree Trimmer II An employee hired into one of the entry level positions listed below shall be reclassified to the journey level position following twenty-four (24) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City-established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee's salary will bet set equal to the pay range minimum. Entry Level Position Building Inspector I Code Compliance Specialist I Equipment Technician I Inspector I Recreation Supervisor I Sanitation Systems Operator I Utility Worker I Waste Water Utility Worker I Water Systems Operator I Journey Level Position Building Inspector II Code Compliance Specialist II Equipment Technician II Inspector II Recreation Supervisor II Sanitation Systems Operator II Utility Worker II Waste Water Utility Worker II Water Systems Operator II Article 31 Flexible Start Hours CCEA represented employees, with advance Department Head approval, may alter their starting time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke the flexible start time at any time and return the employee to regular working hours for that particular department. An employee shall receive fourteen (14) calendar days' notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure. Article 32 Alternative Work Schedules and Shift Changes Employees hired on or after December 23, 1991 shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. The hours of work of the office or facility shall be established by the appointing authority and may be changed to meet operational or other requirements upon at least forty-five (45) calendar days notice to the affected employees unless there is a mutually agreed upon shorter notice period. The City shall notify the Association and any affected employees of any proposed schedule change at least forty-five (45) calendar days prior to its implementation to allow the parties to meet and discuss on the impact of said schedule change, if requested by the Association. If the 27 Nov. 3, 2020 Item #5 Page 34 of 159 Association desires to meet and discuss impacts, the Association shall give written notice to the City's Human Resources Department within seven (7) calendar days of receipt of the notice of the proposed schedule change. The Association agrees that these discussions are not meet and confer, nor subject to all the requirements of meet and confer (for example, the City need not negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule change). The impacted employee shall have the opportunity to propose an alternate work schedule. The City shall have complete discretion in determining whether or not to allow an alternate work schedule and the City's decision and the impact of its decision shall be excluded from the grievance procedure. 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad's Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure. Article 33 Flexible Job Sharing Two or more employees may, with the express written approval of the City Manager, the Human Resources Director, and the affected Department Head, participate in a flexible job sharing program. The specifics of such a program shall be determined by the employees and the City on a case by case basis. Prior to implementation of any such program(s), a written agreement setting forth the specifics of the program shall be signed by the affected employees and the City. This article shall not be subject to the grievance procedure. Article 34 Health Insurance/Flexible Benefits Program Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, and flexible spending accounts (FSAs). Each of these components is outlined below. A. Medical Insurance Al. Employees represented by CCEA will be covered by the Public Employees' Medical and Hospital Care Act (F'EMHCA) and will be eligible to participate in the CalPERS Health Program. The City will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees' Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. The City will contribute monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contribution of some or all of the premium for dental coverage or vision 28 Nov. 3, 2020 Item #5 Page 35 of 159 coverage and 3) contributions in the name of the employee to the City's flexible spending account(s). A2. Effective the pay period that includes January 1, 2021 and January 1, 2022, the City monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. Effective the pay period that includes December 31, 2022, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 2023. A3. 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. A4. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits. B. Dental Insurance Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored dental plan at any coverage level. C. Vision Insurance Represented employees will be eligible to enroll in or waive enrollment in a City- sponsored vision insurance plan at any coverage level. D. Retirees Each retired employee who was a member of this bargaining unit is eligible to be covered by the Public Employees' Medical and Hospital Care Act and is eligible to participate in the California Public Employees' Retirement System (CalPERS) Health Program. Represented employees who retire from the City, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The City will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree's enrollment in the CalPERS Health Program. Employees who retire from the City, either service or disability, shall be eligible to elect, upon retirement, to participate in the City's dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible 29 Nov. 3, 2020 Item #5 Page 36 of 159 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. E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City's medical insurance program, provided they can show that they are covered under another group insurance program. The dollar amount paid by the City for employees who elect the waiver provision will change in the first pay period of calendar year 2021,2022 and in the pay period that includes December 31, 2022. The Benefits Credits associated with waiving medical coverage will be set equal to 50% of the Benefits Credits associated with Employee medical coverage. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. Article 35 Short Term Disability Insurance A. Employees represented by CCEA will be enrolled in the State Disability Insurance (SDI) Program through December 31, 2019. (The City agrees to pay the premium.) On January 1, 2004, the State Disability Insurance Program will provide for paid leave benefits for employees who qualify for family medical leaves of absence. The employee may elect to use accumulated vacation, sick leave or compensatory time off during the seven-day elimination period. Employees represented by CCEA shall be entitled to combine accumulated sick leave, vacation leave or comp time with State Disability payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Under no circumstances shall the combination of accumulated leave and State Disability Insurance payments exceed the employee's pre-disability salary. B. Effective January 1, 2020, the city will discontinue enrollment in the State Disability Insurance program. Effective January 1, 2020, the city agrees to continue to provide short-teim disability insurance via an insurance provider. The city agrees to pay the premium. The insurance shall provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-tean disability benefits shall be provided at 60% of the employee's pre-disability base salary, up to a maximum base salary of $150,000. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the 30 Nov. 3, 2020 Item #5 Page 37 of 159 disability insurance waiting period. Employees may elect to combine accrued paid time off„ except for accrued sick leave, with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments. C. Transition/Continuation of Benefits for Employees on a Short-Term Disability or Paid Family Leave of Absence as of December 31, 2019 An employee who is on a short-term disability leave of absence (including an intermittent leave) as of December 31, 2019, will be converted to coverage with the city's new short-term disability insurance provider as of January 1, 2020 without having to repeat the elimination period. An employee who is on a paid family leave of absence as of December 31, 2019 will have their paid family leave benefits converted to those benefits described in Administrative Order No. 84 as of January 1, 2020. In this situation (conversion of a paid family leave that started prior to January 1, 2020 and will continue on or after January 1, 2020), the number of hours of paid family leave for which an employee was paid from SDI in the prior calendar year will count towards the 160 hours per year of paid family leave the employee may receive under the city's new paid family leave program. Article 36 Long Term Disability Insurance (LTD) During the term of this memorandum, city agrees to continue to provide city-paid long-term disability insurance. This insurance shall provide for a ninety (90) calendar day waiting period prior to payment eligibility. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees shall combine accrued paid time off, except for accrued sick leave, with LTD payments for the purpose of achieving the equivalent of their base salary. Effective January 1, 2020, 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. Transition/Continuation of Benefits for Employees on a Long-Temi Disability Leave of Absence as of December 31, 2019 An employee who is on a long-term disability leave of absence (including an intermittent leave) as of December 31, 2019, will be converted to coverage with the city's new long- term disability insurance provider as of January 1, 2020 without having to repeat the elimination period. Article 37 Retirement A. The City has contracted with CalPERS for the following retirement benefits: Miscellaneous "Classic" Members (those that do not qualify as "New Members" as defined below) 31 Nov. 3, 2020 Item #5 Page 38 of 159 • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 — The retirement formula shall be 3% @ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 — The retirement formula shall be 2% @ 60; three year average final compensation. "New Members" Employees who are "New Members" as defined by the California Public Employees' Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits. • Retirement formula shall be 2% @ 62; three year average final compensation. B. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%). • Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). • Miscellaneous employees who meet the defmition of "New Member" under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. C. The City will continue to contract with CalPERS for the third level of 1959 Survivors' Benefit. D. The City shall continue to contract with CalPERS for the military service credit option. The cost of this option is borne entirely by the employee. Payments by the employee to CalPERS are to be arranged by the employee directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may arrange with the City for such payments to be made by means of payroll deduction Article 38 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. 32 Nov. 3, 2020 Item #5 Page 39 of 159 It is acknowledged that the City will assist in the administrative set-up of this benefit but that the City has no liability if an employee should default on the repayment of a deferred compensation loan. Article 39 Dispute Resolution Procedure The purpose of this procedure is to provide a single, uniform process for CCEA represented employees to resolve disputes concerning grievances and discipline in an efficient manner and without subsequent discrimination or reprisals. Any time limit provided under this Article may be extended by mutual consent of the parties. 1. Applicability of This Article Grievances and group grievances, as defined in Part 2 of this Article, may be appealed under Parts 2 and 4 of this Article. The following types of discipline may be appealed under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in pay of more than one work shift, demotion and termination. Any regular CCEA represented employee may appeal a letter of reprimand, suspension of one work shift or less or reduction of pay of one work shift or less to his or her Department Head for a final decision. 2. Grievances A. Individual Grievances A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City's exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: (1) Appeals from formal disciplinary proceeding. (2) Appeals from work performance evaluations. B. Group Grievances Within thirty (30) calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condition giving rise to a grievance, a group of employees may file a group grievance with the Human Resources Department. CCEA, as an "organization," may also file a group grievance on behalf of employees if CCEA 1) identifies the employees who are adversely impacted by 33 Nov. 3, 2020 Item #5 Page 40 of 159 name and by classification, and 2) specifically identifies how these employees are being adversely affected. (1) The group of employees must file one (1) grievance fowl which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance foul'. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occurrences that brought about the grievance. C. Infonnal Resolution Within twenty (20) calendar days after an employee knew or reasonably should have known that he or she has suffered a grievable injury, the employee shall attempt to resolve the grievance by an informal conference with his or her immediate supervisor. Within twenty (20) calendar days after an employee organization knew or reasonably should have known that its members have suffered a grievable injury, it shall attempt to resolve the matter by an informal conference with an appropriate immediate supervisor. The Supervisor shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The immediate supervisor shall give his or her response to the employee or employee organization within twenty (20) calendar days of the informal conference. D. Department Head Review If a grievance is not informally resolved, within twenty (20) calendar days after receiving the immediate supervisor's response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the Depattment Head. The Department Head shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The Department Head, or his/her designee, shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. E. City Manager Designee's Review If a grievance is not resolved by the Department Head, within twenty (20) calendar days after receiving the Department Head's response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the City Manager's Designee. The City Manager's designee shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The City Manager's Designee shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. 34 Nov. 3, 2020 Item #5 Page 41 of 159 F. Permissible Relief A grievance may only seek to remedy the specific injury caused by a violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City's exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: (1) If it would require the modification of a policy established by the City Council or by law; (2) If it is reviewable under some other administrative procedure and/or rules of the City such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If it calls exclusively for relief that cannot be granted such as discipline of other employees or confidential information about other employees. G. Service of Notice A notice that a grievance has been resolved or a notice that a grievance raises a matter that may not be addressed utilizing this procedure shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. H. Resolved Disputes A grievance is considered resolved under any of the following circumstances: (1) When the City and employee agree to a resolution; (2) When the employee fails to advance the matter to the next step of the administrative procedure in the time specified herein for doing so; (3) When the City has provided the relief sought by the employee that it is legally capable of providing. A grievance that has been resolved does not progress any further through the dispute resolution process. 3. Discipline A. Grounds For Discipline 35 Nov. 3, 2020 Item #5 Page 42 of 159 The City has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, disclosure of non-public, internal and/or confidential, information or dishonesty. (3) Being under the influence of alcohol or intoxicating drugs while on duty. (4) Absence without leave. (5) Criminal conviction having some relevance to the job. (6) Intentionally being discourteous to the public. (7) Unauthorized use of or neglect of City property. (8) Abuse of sick leave. (9) Unauthorized outside employment that constitutes a conflict of interest (10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (11) Falsification of any City report or record. (12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political activities precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigation conducted by the City or its agents. (15) Other acts that are incompatible with service to the public. B. Pre-Disciplinary Procedure If a supervisor determines that an employee might be a threat to him or herself, other employees or members of the public, the supervisor may immediately take whatever action is necessary to reduce or eliminate the danger, but the employee shall retain the right to notice and an opportunity to respond to discipline under this Article. Except for any oral or written counseling, warning or reprimand, the Department Head or his/her designee shall advise the employee and the Human Resources Director of contemplated disciplinary action in a written Notice of Intended Discipline including a description of the misconduct, the grounds for discipline, and the employee's right to respond within seven (7) calendar days after the date of the Notice of Intended Discipline and prior to the discipline being imposed. If the employee elects to respond, he or she may have a representative and meet infolinally with the City Manager's designee, without the right to bring witnesses or present a formal case. Within seven (7) calendar days of the employee's response or failure to respond in a timely manner, the City Manager's designee shall advise the employee in writing whether the proposed discipline, modified discipline or no discipline is being imposed. 36 Nov. 3, 2020 Item #5 Page 43 of 159 Any discipline will be announced in a written Notice of Discipline including a description of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrative procedure under Part 4 of this Article. C. Service of Notice A Notice of Intended Discipline or a Notice of Discipline shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 4. Administrative Procedure An employee may have both a legal representative of his or her choosing and a CCEA representative of his or her choosing at any step of this administrative procedure. This representative may at the employee's option be provided by an employee organization. If the representative is a City employee, the employee seeking the representative shall notify the representative's immediate supervisor and the City's Human Resources Department in writing and the supervisor shall make the necessary arrangements for the representative to be present at any hearing. A. Step One - Filing an Appeal If a grievance is not formally resolved or an employee seeks to appeal a suspension of more than one work shift, reduction in pay of more than one work shift, demotion or termination, within ten (10) calendar days of receiving the City Manager designee's response to the grievance or the Notice of Discipline, the employee or employee organization may file with the Human Resources Director an application for an advisory hearing. B. Step Two - Administrative Hearing (1) Hearing Procedure If the matter is subject to an advisory hearing, the City shall arrange if practicable for the matter to be heard by a hearing officer within one hundred twenty (120) calendar days of the date of the filing of the appeal with the Human Resources Director. The hearing shall be scheduled for a time that is mutually convenient to the parties and the hearing officer. The advisory hearing shall be closed unless the employee or the employee organization request that it be open to the public. In the case of an appeal of a grievance, the parties shall equally bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary action, the City shall bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. 37 Nov. 3, 2020 Item #5 Page 44 of 159 The advisory hearing shall be limited to arguments, witness testimony and exhibits offered by the parties. The hearing shall proceed according to an Administrative Order regarding Rules of Procedure for Personnel Meetings and Hearings. Such an Administrative Order will replace Personnel Board Resolution 19 to reflect that the Personnel Board is being replaced by a hearing officer in matters of grievance and discipline. (2) Hearing Officer The employee or employee organi7ation and the City may agree that the advisory hearing will be conducted before a hearing officer mutually selected by the parties from a list of hearing officers provided by a neutral third party. The selection of a hearing officer will include a review of his/her background and qualifications which will include experience as a labor attorney and/or mediator and/or arbitrator affiliated with American Arbitration Association, State of California Mediation and Conciliation Service or Judicial Arbitration Mediation Services (JAMS). (3) Permissible Relief In the case of a grievance appeal, the hearing officer may only recommend that the relief initially sought by the employee or employee organization be granted or that the position of the City should be upheld. In the case of disciplinary appeals, the hearing officer may recommend either that the discipline imposed by the City be upheld, that a lesser discipline be imposed, or that no discipline be imposed. The advisory findings and recommendation of the hearing officer shall be provided to the employee or employee organization. C. Step Three- Final Determination The advisory findings and recommendation, hearing transcript and exhibits concerning a grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to the City Manager for a final deteimination. The City Manager, or his/her designee, may allow, at his or her discretion, limited oral arguments and/or written statements from either side. Within thirty (30) calendar days of receiving all applicable documents or hearing the oral arguments of the parties, whichever is later, the City Manager or his/her designee shall make a final and conclusive written decision. (1) For grievances, the City Manager, or his/her designee, shall either reject the grievance or uphold the grievance and provide a remedy selected by the City Manager, or his/her designee. 38 Nov. 3, 2020 Item #5 Page 45 of 159 (2) For disciplinary appeals, the City Manager, or his/her designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline. D. Post-Hearing Procedure The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the final detennination of the City Manager. Article 40 Alcohol and Drug Policy I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. "Workplace" means any site where City-assigned work is performed, including City premises, City vehicles or other premises or vehicles, while City-assigned work is being conducted, or within a reasonable time thereafter. 3. "Reasonable suspicion" means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. 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; 39 Nov. 3, 2020 Item #5 Page 46 of 159 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 nob o contendere), if such conviction was based on a violation which occurred in the workplace, no later than five days after such conviction; (notification under this subsection does not relieve an employee from the disciplinary consequences of the conduct upon which a criminal conviction is based); and d. abide by all terms of this policy. 2. Employees are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which they have been informed by a medical provider may interfere with safe or effective performance of their duties or operation of City equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee's employment with the City, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the City reserves the right to search, with or without prior notice to the employee, all work areas and property in which the City maintains full or joint control with the employee, including but not limited to City vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employees are cautioned against storing personal belongings in work areas under full or joint City control since such work areas may be subject to investigation and/or search under this policy. Employer searches shall occur when there is a determination of "reasonable suspicion" as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the City from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. 40 Nov. 3, 2020 Item #5 Page 47 of 159 D. Consequences of Violation of Policy 1. Failure to abide by the tern's of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the foim of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either illegal drugs or alcohol will be rejected for City employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the City has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. 2. Some examples of "reasonable suspicion" as defmed in Section 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; 41 Nov. 3, 2020 Item #5 Page 48 of 159 d. an accident involving City property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs; 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by City management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. III. EMPLOYEE ASSISTANCE PROGRAM A. The City has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the City wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAR 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 41 Access to Information The City will make available to CCEA such non-confidential information pertaining to employment relations as is contained in the public records of the City, subject to the limitations 42 Nov. 3, 2020 Item #5 Page 49 of 159 and conditions set forth in this article and Government Code Section 6250-6260. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such foul' as to disclose the source. Nothing in this article shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Nothing in this article shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigation to which the City is a party, or to claims or appeals which have not been settled. Article 42 Communications The parties agree to continue meeting at least once each month during the term of the agreement for the purpose of continuing communications on subjects of mutual concern. Article 43 Legal Representation Upon request of an employee and subject to any limitations provided by law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the City in a court of competent jurisdiction, on account of any act or omission occurring within the course and scope of his/her employment as an employee of the City. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the City pursuant to the provisions of the California Government Code, or where the act or omission was not within the scope of the employee's employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code. 43 Nov. 3, 2020 Item #5 Page 50 of 159 Article 44 Layoff Layoff: The City may layoff an employee in the merit service because of material change in duties or organization or shortage of work and funds. The City will use its best efforts to give the employees as much notice as possible with a minimum of fourteen (14) calendar days prior to the effective date of a layoff. The appointing authority or designee shall notify the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City work force. (a) City Service Seniority: City Service Seniority shall be determined as the period of total continuous service with the City as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their City Service Seniority in the affected classification series; (3) City probationary employees in reverse order of their City Service Seniority in the affected classification series; (4) and regular employees in reverse order of their City Service Seniority in the affected classification. (c) Reduction in Force - Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the City shall demote the employee in that classification with the highest City Service Seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be currently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. (d) Notification: Whenever there is a reduction in the work force requiring layoff, the City shall send written notice to the last known address of each employee affected by a layoff with copy to CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may demote within the City, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical City Service Seniority, the order of layoff and demotion will be deteimined by the Human Resources Director who will use randomizing software to determine seniority. (f) Transfer: All effort will be made by the City to transfer any employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. 44 Nov. 3, 2020 Item #5 Page 51 of 159 (g) Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required due to a reduction in force, employees shall be demoted in the following manner: (1) Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser City Service Seniority in that lower classification. (2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a City probationary employee in such lower class, but may not bump regular City employees already in that lower classification. (h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their City Service Seniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. (i) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent City status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their City Service Seniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. (j) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff Eligible individuals not responding to written notification of an opening after fourteen (14) calendar days shall have their names removed from either the reemployment or reinstatement list. (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: (1) Prior sick leave accruals. (2) City Service Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff. If the employee chooses to be reemployed in a classification which • has a salary range lower than the classification from which he/she was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the current effective salary plan at the time of reemployment, whichever is lower. 45 Nov. 3, 2020 Item #5 Page 52 of 159 (1) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees' Retirement Law as contained in the Government Code. (n) Severance: CCEA represented employees involuntarily separated from the City service due to layoff shall receive the equivalent of three (3) months' base salary, computed at the employee's actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment D and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively. Article 45 Full Understanding, Modification, & Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or infounal, regarding any such matters are hereby superseded or terminated in their entirety. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Article 46 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. Article 47 Retention of Benefits The employees of the City of Carlsbad shall retain all present benefits as set forth in this Memorandum for the term of this agreement, except as amended by this Memorandum, or unless modified after exhausting the meet and confer process. 46 Nov. 3, 2020 Item #5 Page 53 of 159 Article 48 Non-discrimination Clause No person shall in any way be favored or discriminated against, by either the City or the Association, to the extent prohibited by law because of actual or perceived political opinion or affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin, veteran status, medical condition or physical or mental disability. In addition, no person shall be favored or discriminated against because of his/her association with someone who has or is perceived to have any characteristics of being in one of these classes of people. This affects decisions including, but not limited to, an employee's compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment. The City is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness. Article 49 Americans With Disabilities Act The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this Memorandum of Understanding so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this Memorandum of Understanding. Article 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits All CCEA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2020, all CCEA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 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 51 Special Housing Facilities The City maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The employee assigned the duty of Maerkle Facilities Steward is tasked with maintaining a safe, legally compliant facility and ensuring the security of City facilities. A detailed description of the conditions that apply to this assignment are outlined in Attachment C. 47 Nov. 3, 2020 Item #5 Page 54 of 159 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the City. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City's Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA's California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA's Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH "shift operator" requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition 48 Nov. 3, 2020 Item #5 Page 55 of 159 B. Emergency Response — Notification — Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations Supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the depth tment will be responsible for ensuring coverage for Steward's responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City and communicated to the Steward in writing with sixty (60) calendar days advance notice of any changes. The City shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. 5. Term The City maintains the right to change the assignment of the Maerlde Facility Steward responsibility based solely upon the City's discretion and the City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days' notice to the Steward. There shall be an annual review of the Steward's performance with the Water Operations Supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. 49 Nov. 3, 2020 Item #5 Page 56 of 159 Article 52 Contracting Out Work 1. The City has the right to contract out any or all of the services currently being perfonned by CCEA represented classifications or that could be performed by CCEA represented classifications to any one or more public or private entities or individuals. 2. Prior to contracting out the services referenced in item number 1 above, the City shall first satisfy its obligation to meet and confer with CCEA regarding both the decision and effects of contracting out those services 3. CREATION OF A REQUEST FOR PROPOSAL ("RFP") a. CCEA may appoint up to two (2) of its members to attend a meeting with City staff responsible for the creation of an RFP for the purpose of providing input to the City regarding the creation of the RFP for contracting out the services referenced in item number 1 above. This first meeting shall occur prior to the RFP being prepared by City staff. b. After the draft RFP is completed by City staff, a copy of the RFP shall be forwarded to the CCEA appointees by email and a subsequent meeting shall be scheduled, which shall take place within seven (7) calendar days from the date the RFP is received by the CCEA appointees. The purpose of the meeting is for CCEA appointees to meet with the City staff responsible for preparing the RFP in order to discuss the RFP and ask questions as necessary. Additional meetings may be scheduled if mutually agreeable. Following conclusion of the meeting(s), CCEA's appointees may provide written feedback/suggestions regarding the RFP for the consideration of City staff prior to it being fmalized and sent to any potential contractors. CCEA's feedback/suggestions shall be forwarded to City staff responsible for the creation of the RFP by email within seven (7) calendar days from the date of conclusion of these meetings. c. Prior to distribution of the RFP to potential contractors, the City shall provide the CCEA appointees with the final version of the RFP. d. Neither CCEA nor its appointees shall have veto power over any City decision related to the contents of an RFP or the RFP process. e. Neither CCEA nor its appointees may use the appointees' involvement in the RFP process to delay the RFP process f. CCEA's appointees shall sign confidentiality agreements, as agreed to by the City and CCEA, prior to receiving any infoimation related to an RFP 4. MEET AND CONFER PROCESS a. The City may send RFPs created following the procedure outlined in item number 3 above to potential contractors prior to engaging in the meet and confer process with CCEA. 50 Nov. 3, 2020 Item #5 Page 57 of 159 b. After the City receives responses to the RFP, the City Council or designee shall determine whether to pursue contracting out of those services that are the subject of the RFP. c. In the event that the City Council or designee decides to pursue contracting out of any or all of the services that are the subject of the RFP, the City's negotiating team will make a proposal in writing to CCEA to contract out those services and will provide a copy of the leading proposal to CCEA along with its proposal. d. After reviewing the City's proposal, CCEA may request in writing to meet and confer over the decision to contract out services and/or the effects of that decision no later than fourteen (14) calendar days from the date of CCEA's receipt of the City's proposal. The first meeting of the meet and confer process shall be scheduled within fourteen (14) calendar days of CCEA's written request. If CCEA requests to meet and confer over both the decision and effects, decision and effects negotiations shall take place simultaneously. It is understood by the parties that the meet and confer process is not required to be completed in one single meeting. e. The negotiations over the decision arid/or effects shall be subject to combined impasse procedures. 5. CITY COUNCIL DECISION a. After the meet and confer process has concluded by either reaching agreement or exhausting impasse procedures, the City Council will make its fmal decision on whether to contract out those services subject to the RFP. Article 53 Pay Ranges Each City of Carlsbad job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification. Any non-probationary employee may be advanced in the pay range regardless of the length of time served at the employee's present pay rate. This advancement requires the written recommendation of the employee's manager and the approval of the employee's department head and City Manager. If, as a result of a pay range adjustment, an employee's base salary falls below the minimum of the pay range, the employee's salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment. Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges. CCEA and the City agree that the City will negotiate salary range movements. 51 Nov. 3, 2020 Item #5 Page 58 of 159 Effective January 1, 2021, the pay ranges of the following classifications will be assigned to the new pay range shown in the table below. Classification Current Range New Range Aquatics Maintenance Supervisor 63 65 Aquatics Specialist 50 52 Building Inspector I 55 56 Building Inspector II 70 71 Circulation Supervisor 37 42 Community Outreach Supervisor 58 63 Cross Connection Control Technician 67 80 Deputy City Clerk 58 67 Housing Specialist I 48 58 Housing Specialist II 63 73 Human Resources Technician 42 49 Lead Librarian 63 65 Librarian 55 57 Park Planner 85 91 Records Technician 23 31 Recreation Assistant 10 12 Recreation Specialist 30 32 Records Supervisor 65 71 Sanitation System Operator I 56 79 Sanitation System Operator II 65 88 Sanitation System Operator III 80 103 SCADA Technician 92 103 Senior Building Inspector 85 86 Senior Circulation Supervisor 50 55 Senior Cross Connection Control Technician 77 90 Senior Deputy City Clerk 68 77 Senior Human Resources Technician 52 59 Senior Librarian 73 75 Senior Storm Drain Maintenance Worker 58 72 Storm Drain Maintenance Worker 44 58 Utility Maint Worker III 54 68 Utility Worker I 40 54 Utility Worker II 52 66 Utility Worker III 63 77 Valve Maintenance Worker 54 68 Water Systems Operator I 67 79 52 Nov. 3, 2020 Item #5 Page 59 of 159 Classification Current Range New Range 89 Water Systems Operator II 77 Water Systems Operator III 87 99 Effective January 1, 2021, all CCEA pay ranges will be increased by 2%. Effective January 1, 2022, all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). Article 54 Survey Market In keeping with the City Council's philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for CCEA. 1. City of Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Cajon 5. City of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. City of Oceanside 11. City of Poway 12. City of San Marcos 13. City of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. County of San Diego The seven (7) agencies listed below will also be considered in the survey market for the job classifications of: • Cross Connection Control Technician, • Senior Cross Connection Control Technician, • Sanitation Systems Operator I/II/III, • SCADA Technician, • Utility Worker I/II/III, • Waste Water Utility Worker I/II/III and • Water Systems Operator PIT/III. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 53 Nov. 3, 2020 Item #5 Page 60 of 159 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Irrigation District Article 55 Reopener At any time during the term of the MOU, after CAPERS announces their actual rate of return for the prior fiscal year, if the CalPERS "discount rate" (i.e., actual rate of return) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of CalPERS retirement. Article 56 Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all CCEA-represented employees will be eligible for 160 hours per year of paid family leave to care for an immediate family member or bond with a new child. Article 57 Confined Space Pay Employees classified as Sanitation System Operators and Wastewater Utility Workers must routinely and consistently make permit-required entries into confined spaces which Cal-OSHA characterizes as (1) containing or having a potential to contain a hazardous atmosphere; (2) containing a material that has the potential for engulfing an entrant; (3) having an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross section; or (4) containing any other recognized serious safety or health hazard. For performing these activities, employees in these classifications shall receive pay equal to five percent (5%) of the employees' base salary as special compensation that is reportable to CalPERS. 54 Nov. 3, 2020 Item #5 Page 61 of 159 IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute the Memorandum of Understanding the day, month, and year noted below. 5NbaD Approved as to form: City of CIA, I SCOTT C T 'WICK, City Manager Date 12-5162C2:ate Carlsbad City Employees' Association HALLIE THOMPSON, President, CCEA Date 55 Nov. 3, 2020 Item #5 Page 62 of 159 AthlainentA SALARY SCHEDULE - CARLSBAD January CLASSIFICATION RANGE CITY EMPLOYEES' ASSOCIATION 1, 2021 CLASSIFICATION RANGE ACCOUNT CLERK I 17 INSPECTOR I 57 ACCOUNT CLERK II 28 INSPECTOR II 70 ACCOUNTANT 68 JUNIOR ENGINEER 68 ACCOUNTING SUPERVISOR 55 JUNIOR PLANNER 50 ACCOUNTING TECHNICIAN 45 JUVENILE JUSTICE PROGRAM COORD. 58 ADMINISTRATIVE SECRETARY 42 LEAD EQUIPMENT TECHNICIAN 61 APPLICATIONS ANALYST 94 LEAD LIBRARIAN 65 APPLICATIONS ASSOCIATE ANALYST 75 LEGAL ASSISTANT 56 AQUATICS MAINTENANCE SUPERVISOR 65 LEGAL TECHNICIAN 80 AQUATICS SPECIALIST 52 LEGAL SECRETARY 49 ASSISTANT ENGINEER 82 LIBRARIAN 57 ASSISTANT PLANNER 64 LIBRARY ASSISTANT I 26 ASSISTANT TO THE TREASURER 74 LIBRARY ASSISTANT II 37 AS CONTRACT ADMINISTRATOR 52 LIBRARY CLERK I 3 ASSOCIATE ENGINEER 98 LIBRARY CLERK II 6 ASSOCIATE PLANNER 78 MEDIAGRAPHICS SUPERVISOR 58 BUILDING INSPECTOR 56 MAINTENANCE AIDE 13 BUILDING INSPECTOR II 71 MAINTENANCE WORKER I 17 BUILDING MAINTENANCE WORKER I 29 MAIL CLERK/MESSENGER 1 BUILDING MAINTENANCE WORKER II 41 METER SERVICES WORKER I 11 BUILDING TECHNICIAN II 50 METER SERVICES WORKER TI 33 BUSINESS INTELLIGENCE ANALYST 94 METER SERVICES WORKER III 46 BUSINESS SYSTEMS ASSOCIATE 70 NETWORK ASSOCIATE 71 BUSINESS SYSTEMS SPECIALIST 84 NETWORK ENGINEER 88 BUYER/CONTRACT ADMINISTRATOR 63 OFFICE SPECIALIST I 5 CLIENT SYSTEMS ADMINISTRATOR 88 OFFICE SPECIALIST II 12 CLIENT SYSTEMS ASSOC. ADMINISTRATOR 52 OPERATIONS/MAINTENANCE STOREKEEPER 47 CIRCULATION SUPERVISOR 49 PARK MAINTENANCE SPECIALIST 41 CODE Enforcement Officer I 43 PARK MAINTENANCE WORKER II 28 CODE Enforcement Officer II 58 PARK MAINTENANCE WORKER III 46 COMMUNITY OUTREACH SUPERVISOR 63 PARK PLANNER 91 CRIME PREVENTION SPECIALIST 44 PLANNING TECHNICIAN I 37 CROSS CONNECTION CONTROL TECHNICIAN 80 PLANNING TECHNICIAN II 50 CUSTODIAN 6 POLICE RECORDS SPECIALIST 17 CUSTODIAN II 16 POLICE RECORDS SPECIALIST II 22 DEPUTY CITY CLERK 67 PRODUCTION TECHNICIAN 43 ELECTRICIAN 62 RECORDS SUPERVISOR 71 ENGINEERING TECHNICIAN I 45 RECORDS TECHNICIAN 31 ENGINEERING TECHNICIAN II 60 RECREATION ASSISTANT 12 ENVIRONMENTAL SPECIALIST I 53 RECREATION SPECIALIST 32 ENVIRONMENTAL SPECIALIST II 70 RECREATION SUPERVISOR I 54 EQUIPMENT SERVICE WORKER 21 RECREATION SUPERVISOR II 64 EQUIPMENT TECHNICIAN 43 RISK TECHNICIAN 53 EQUIPMENT TECHNICIAN II 51 SANITATION SYSTEMS OPERATOR I 79 FIRE PERMIT TECHNICIAN I 35 SANITATION SYSTEMS OPERATOR II BB FIRE PERMIT TECHNICIAN II 52 SANITATION SYSTEMS OPERATOR III 103 GIS ADMINISTRATOR 109 SCADA TECHNICIAN 103 GIS ANALYST 84 SECRETARY 34 GIS ASSOCIATE ANALYST 70 SENIOR APPLICATIONS ANALYST 109 GIS ASOOCIATE SYSTEMS ADMINISTRATOR 94 SENIOR BUILDING INSPECTOR 86 GIS TECHNICIAN 60 SENIOR BUILDING MAINTENANCE WORKER 53 GRAPHIC ARTIST 49 SENIOR BUSINESS SYSTEMS SPECIALIST 99 HOUSING ASSISTANT 22 SENIOR CIRCULATION SUPERVISOR 55 HOUSING SPECIALIST 58 SENIOR CODE ENFORCEMENT OFFICER 78 HOUSING SPECIALIST II 73 SENIOR CONSTRUCTION INSPECTOR 85 HUMAN RESOURCES TECHNICIAN 49 SENIOR CONTRACT ADMINISTRATOR 80 Nov. 3, 2020 Item #5 Page 63 of 159 CLASSIFICATION RANGE SENIOR CROSS CONN. CONTROL TECH. 90 SENIOR DATABASE ADMINISTRATOR 114 SENIOR DEPUTY CITY CLERK 77 SENIOR HUMAN RESOURCES TECHNICIAN 59 SENIOR ELECTRICIAN 72 SENIOR ENVIRONMENTAL SPECIALIST 85 SENIOR LIBRARIAN 75 SENIOR NETWORK ENGINEER L14 SENIOR OFFICE SPECIALIST 23 SENIOR PLANNER 95 SENIOR STORM DRAIN MAINT. WORKER 72 SENIOR WEB ENGINEER 114 STOREKEEPER 22 STORM DRAIN MAINTENANCE WORKER 56 STREET MAINTENANCE WORKER II 33 STREET MAINTENANCE WORKER III 46 SYSTEMS ADMINISTRATOR 68 TECHNICIAN I 35 TRAFFIC SYSTEMS OPS SPECIALIST 80 TRAINING COORDINATOR 49 TREE TRIMMER I 25 TREE TRIMMER II 36 TREE TRIMMER LEADWORKER 51 UTILITY MAINTENANCE WORKER III 68 UTILITY WORKER I 54 UTILITY WORKER II 66 UTILITY WORKER III 77 VALVE MAINTENANCE WORKER 66 WASTE WATER UTILITY WORKER I 41 WASTE WATER UTILITY WORKER IT 52 WASTE WATER UTILITY WORKER III 67 WAREHOUSE TECHNICIAN 43 WATER CONSERVATION SPECIALIST 41 WATER SYSTEMS OPERATOR I 79 WATER SYSTEMS OPERATOR II 69 WATER SYSTEMS OPERATOR III 99 ZONING ENFORCEMENT OFFICER 78 Nov. 3, 2020 Item #5 Page 64 of 159 Attachment A CARLSBAD CITY EMPLOYEES' ASSOCIATION SALARY SCHEDULE Effective 1/1/2021 HOURLY RANGE MINIMUM MID-POINT MAXIMUM RI-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM -1 $16.02 $18.49 $20.96 - 1 $1,281.60 $1,479.20 $1,676.80 2 $16.19 $18.69 $21.18 2 $1,295.20 $1,494.80 $1,694.40 3 $16.35 $18.87 $21.39 3 $1,308.00 $1,509.60 $1,711.20 4 $16.51 $19.06 $21,60 4 $1,320.80 $1,524.40 $1,728.00 5 $16.68 $19.25 $21.82 5 $1,334.40 $1,540.00 $1,745.60 6 $16.85 $19.44 $22.03 6 $1,348.00 $1,555.20 $1,762.40 7 $17.01 $19.64 $22.26 7 $1,360.80 $1,570.80 $1,780.80 8 $17.19 $19.83 $22.47 8 $1,375.20 $1,586.40 $1,797.60 9 $17.36 $20.04 $22.71 9 $1,388.80 $1,602.80 $1,816.80 10 $17.52 $20.23 $22.93 10 $1,401.60 $1,618.00 $1,834.40 11 $17.70 $20.43 $23.15 11 $1,416.00 $1,634.00 $1,852.00 12 $17.88 $20.64 $23.39 12 $1,430.40 $1,650.80 $1,871.20 13 $18.05 $20.84 $23,62 13 $1,444.00 $1,666.80 $1,889.60 14 $18.24 $21.05 $23.86 14 $1,459.20 $1,684.00 $1,908.80 15 $18.42 $21.26 $24.09 15 $1,473.60 $1,700.40 $1,927.20 16 $18.60 $21.48 $24.35 16 $1,488.00 $1,718.00 $1,948.00 17 $18.79 $21,69 $24.58 17 $1,503.20 $1,734.80 $1,966.40 18 $18.98 $21.91 $24.83 18 $1,518.40 $1,752.40 $1,986.40 19 $19,17 $22.13 $25.08 19 $1,533.60 $1,770.00 $2,006.40 20 $19.37 $22.35 $25.33 20 $1,549.60 $1,788.00 $2,026.40 21 $19.56 $22.57 $25.58 21 $1,564.80 $1,805.60 $2,046.40 22 $19.76 $22.80 $25.84 22 $1,580.80 $1,824.00 $2,067.20 23 $19.95 $23.02 $26.09 23 $1,596.00 $1,841.60 $2,08710 24 $20.16 $23.26 $26.36 24 $1,612.80 $1,860.80 $2,108.80 25 $20.35 $23.49 $26.62 25 $1,628.00 $1,878.80 $2,129.60 26 $20.55 $23.72 $26.88 26 $1,644.00 $1,897.20 $2,150,40 27 $20.76 $23.96 $2715 27 $1,660.80 $1,916.40 $2,172_00 28 $20.96 $24.20 $2743 28 $1,676.80 $1,935.60 $2,19440 29 $21.18 $24.44 $27.70 29 $1,694.40 $1,955.20 $2,216.00 30 $21.39 $24.69 $27.98 30 $1,711.20 $1,974.80 $2,238.40 31 $21.60 $24.93 $28.25 31 $1,728.00 $1,994.00 $2,260.00 32 $21.82 $25.19 $28.55 32 $1,745.60 $2,014.80 $2,284.00 33 $22.03 $25.43 $28.83 33 $1,762.40 $2,034.40 $2,306.40 34 $22,26 $25.69 $29.12 34 $1,780.80 $2,055.20 $2,329.60 35 $22.47 $25.94 $29.41 35 $1,797.60 $2,075.20 $2,352.80 36 $22.71 $26.21 $29.70 36 $1,816.80 $2,096.40 $2,376.00 37 $22.93 $26.46 $29.99 37 $1,834.40 $2,116.80 $2,399.20 38 $23.15 $26.72 $30.29 38 $1,852.00 $2,137.60 $2,423.20 39 $23,39 $27.00 $30.60 39 $1,871.20 $2,159.60 $2,448.00 40 $23.63 $27.27 $30.91 40 $1,890.40 $2,181.60 $2,472.80 41 $23.86 $27.54 $31.21 41 $1,908.80 $2,202.80 $2,496.80 42 $24.09 $27.81 $31.53 42 $1,927.20 $2,224.80 $2,522.40 43 $24.35 $28.09 $31.83 43 $1,948.00 $2,247.20 $2,546.40 44 $24.58 $28.37 $32.16 44 $1,966.40 $2,269.60 $2,572.80 45 $24.83 $28.66 $32.48 45 $1,986.40 $2,292.40 $2,598.40 46 $25.08 $28.95 $32.81 46 $2,006.40 $2,315.60 $2,624.80 47 $25.33 $29.24 $33.14 47 $2,026.40 $2,338.80 $2,651.20 Page 1 of 3 Nov. 3, 2020 Item #5 Page 65 of 159 Attachment A CARLSBAD CITY EMPLOYEES ASSOCIATION SALARY SCHEDULE Effective 11112021 HOURLY RANGE MINIMUM MID-POINT MAXIMUM BI-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM 48 $25.58 $29.53 $33.47 48 $2,046.40 $2,362.00 $2,677.60 . 49 $25.84 $29.82 $33.80 49 $2,067.20 $2,385.60 $2,704.00 50 $26.09 $30.12 $34.14 50 $2,087.20 $2,409.20 $2,731.20 51 $26.36 $30.42 $34.48 51 $2,108.80 $2,433.60 $2,758.40 52 $26.62 $30.72 $34.82 52 $2,129.60 $2,457.60 $2,785.60 53 $26.88 $31.03 $35.18 53 $2,150.40 $2,482.40 $2,814.40 54 $27.15 $31.34 $35.53 54 $2,172.00 $2,507.20 $2,842.40 55 $27.43 $31.65 $35.87 55 $2,194.40 $2,532.00 $2,869.60 56 $27.70 $31.97 $36.23 56 $2,216.00 $2,557.20 $2,898.40 57 $27.98 $32,29 $36.60 57 $2,238.40 $2,583.20 $2,928.00 58 $28,25 $32.61 $36.96 58 $2,260.00 $2,608.40 $2,956.80 59 $28.55 $32.94 $37.33 59 $2,284.00 $2,635.20 $2,986.40 60 $28,83 $33.27 $37.70 60 $2,306.40 $2,661.20 $3,016.00 61 $29.12 $33.60 $38.08 61 $2,329.60 $2,688.00 $3,046.40 62 $29.41 $33.94 $38,47 62 $2,352.80 $2,715.20 $3,077.60 63 $29.70 $34.28 $38.85 63 $2,376.00 $2,742.00 $3,108.00 64 $29.99 $34.62 $39.24 64 $2,399.20 $2,769.20 $3,139.20 65 $30.29 $34.97 $39.64 65 $2,423.20 $2,797.20 $3,171.20 66 $30.60 $35.31 $40.02 66 $2,448.00 $2,824.80 $3,201.60 67 $30.91 $35.67 $40.42 67 $2,472.80 $2,853.20 $3,233.60 68 $31.21 $36.02 $40.83 68 $2,496.80 $2,881.60 $3,266.40 69 $31.53 $36.39 $41.25 69 $2,522.40 $2,911.20 $3,300.00 70 $31.83 $36.75 $41.66 70 $2,546.40 $2,939.60 $3,332.80 71 $32.16 $37.11 $42.06 71 $2,572.80 $2,968.80 $3,364.80 72 $32.48 $37.48 $42.48 72 $2,598,40 $2,998.40 $3,398.40 73 $32.81 $37.87 $42.92 73 $2,624.80 $3,029.20 $3,433.60 74 $33.14 $38.24 $43.34 74 $2,651.20 $3,059.20 $3,467.20 75 $33.47 $38.62 $43.77 75 $2,677.60 $3,089.60 $3,501.60 76 $33.80 $39.01 $44.22 76 $2,704.00 $3,120.80 $3,537.60 77 $34.14 $39.40 $44.66 77 $2,731.20 $3,152.00 $3,572.80 78 $34.48 $39.79 $45.10 78 $2,758.40 $3,183.20 $3,608.00 79 $34.82 $40.19 $45.55 79 $2,785.60 $3,214.80 $3,644.00 80 $35.18 $40.60 $46.01 80 $2,814.40 $3,247.60 $3,680.80 81 $35,53 $41.00 $46.47 81 $2,842.40 $3,280.00 $3,717.60 82 $35.87 $41.41 $46.94 82 $2,869.60 $3,312.40 $3,755.20 83 $36.23 $41.82 $47.40 83 $2,898,40 $3,345.20 $3,792.00 84 $36.60 $42.24 $47.88 84 $2,928.00 $3,379.20 $3,830.40 85 $36.96 $42.66 $48.35 85 $2,956.80 $3,412,40 $3,868.00 86 $37.33 $43.09 $48.84 86 $2,986.40 $3,446.80 $3,907,20 87 $37.70 $43.52 $49.33 87 $3,016.00 $3,481.20 $3,946.40 88 $38.08 $43.95 $49.82 88 $3,046.40 $3,516.00 $3,985.60 89 $38.47 $44.40 $50.32 89 $3,077.60 $3,551.60 $4,025.60 90 $38.85 $44.84 $50.83 90 $3,108.00 $3,587.20 $4,066.40 91 $39.24 $45.29 $51.34 91 $3,139.20 $3,623.20 $4,107.20 92 $39.64 $45.74 $51.84 92 $3,171.20 $3,659.20 $4,147.20 93 $40.02 $46.19 $52.36 93 $3,201.60 $3,695.20 $4,188.80 94 $40.42 $46.66 $52.89 94 $3,233.60 $3,732.40 $4,231.20 95 $40.83 $47.13 $53.42 95 $3,266.40 $3,770.00 $4,273.60 Page 2 of 3 Nov. 3, 2020 Item #5 Page 66 of 159 Attachment A CARLSBAD CITY EMPLOYEES ASSOCIATION SALARY SCHEDULE Effective 111/2021 HOURLY RANGE MINIMUM MID-POINT MAXIMUM BI-WEEKLY RANGE MINIMUM MID-POINT MAXIMUM 96 $41.25 $47.60 $53.95 96 $3,300.00 $3,808.00 $4,316.00 97 $41.66 $48.08 $54.49 97 $3,332.80 $3,846.00 $4,359.20 98 $42.06 $48.55 $55.04 98 $3,364.80 $3,884.00 $4,403.20 99 $42.48 $49.04 $55.59 99 $3,398,40 $3,922.80 $4,447.20 100 $42.92 $49.53 $56.14 100 $3,433,60 $3,962.40 $4,491.20 101 $43.34 $50.02 $56.70 101 $3,467.20 $4,001.60 $4,536.00 102 $43.77 $50.52 $57.27 102 $3,501.60 $4,041.60 $4,581.60 103 $44.22 $51.03 $57,84 103 $3,537.60 $4,082.40 $4,627.20 104 $44.66 $51.54 $58.42 104 $3,572.80 $4,123.20 $4,673.60 105 $45.10 $52.05 $59.00 105 $3,608.00 $4,164.00 $4,720.00 106 $45.55 $52.58 $59.60 106 $3,644.00 $4,206.00 $4,768.00 107 $46.01 $53.10 $60.19 107 $3,680.80 $4,248.00 $4,815.20 108 $46.47 $53.63 $60.79 108 $3,717.60 $4,290.40 $4,863.20 109 $46.94 $54.17 $61.40 109 $3,755.20 $4,333.60 $4,912.00 110 $47.40 $54.71 $62.02 110 $3,792.00 $4,376.80 $4,961.60 111 $47.88 $55.26 $62.63 111 $3,830.40 $4,420.40 $5,010,40 112 $48.35 $55.81 $63.26 112 $3,868.00 $4,464.40 $5,060.80 113 $48.84 $56.37 $63.89 113 $3,907.20 $4,509.20 $5,111.20 114 $49.33 $56.94 $64.54 114 $3,946.40 $4,554.80 $5,163.20 Page 3 of 3 Nov. 3, 2020 Item #5 Page 67 of 159 Nov. 3, 2020 Item #5 Page 68 of 159 Nov. 3, 2020 Item #5 Page 69 of 159 Nov. 3, 2020 Item #5 Page 70 of 159 Nov. 3, 2020 Item #5 Page 71 of 159 Nov. 3, 2020 Item #5 Page 72 of 159 Nov. 3, 2020 Item #5 Page 73 of 159 Nov. 3, 2020 Item #5 Page 74 of 159 Nov. 3, 2020 Item #5 Page 75 of 159 Nov. 3, 2020 Item #5 Page 76 of 159 Nov. 3, 2020 Item #5 Page 77 of 159 Nov. 3, 2020 Item #5 Page 78 of 159 CCEA MEMORANDUM OF UNDERSTANDING 1/1/2021 to 12/31/2022 Summary of Significant Changes 1. Term: January 1, 2021 – December 31, 2022 2. Article 12 Compensation Adjustments: a. Effective January 1, 2021, all CCEA employees shall receive a two percent (2%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. b. Effective January 1, 2022, all CCEA employees shall receive a two and a half percent (2.5%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. 3. Article 17 Bilingual Pay: a. Effective the first day of the pay period that includes January 1, 2021 the City will provide additional compensation to an employee in the amount of $50.00 per pay period for the performance of bilingual skills. b. Employees must pass a bilingual proficiency test as determined by the City in the foreign language or American Sign Language (ASL). 4. Article 53 Pay Ranges: a. Effective January 1, 2021, pay ranges for certain classifications will be adjusted to maintain market competitiveness. See Article 53 for list of classifications. b. Effective January 1, 2021, all CCEA pay ranges will be increased by 2%. c. Effective January 1, 2022, all CCEA pay ranges will be increased by the CPI, with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). 5. Article 34 Health Insurance/Flexible Benefits Program a. Effective the pay periods that include January 1, 2021, January 1, 2022 and December 31, 2022, the city benefits credits will increase. Nov. 3, 2020 Item #5 Page 79 of 159 CCEA MEMORANDUM OF UNDERSTANDING 1/1/2018 2021 to 12/31/20202022 TABLE OF CONTENTS Foreword ..............................................................................................................Page 1 Preamble ..............................................................................................................Page 1 Article 1 Recognition ............................................................................Page 1 Article 2 Implementation ......................................................................Page 1 Article 3 Term .......................................................................................Page 1 Article 4 Renegotiation .........................................................................Page 2 Article 5 Authorized Agents .................................................................Page 2 Article 6 No Strike and No Lockout .....................................................Page 2 Article 7 City Rights .............................................................................Page 3 Article 8 Employee Rights ....................................................................Page 3 Article 9 Association Rights .................................................................Page 3 Article 10 Confidential Employees .........................................................Page 5 Article 11 Payroll Deductions/Agency ShopCCEA Dues ......................Page 6 Article 12 Compensation Adjustments ...................................................Page 8 Article 13 Distribution of Paychecks ......................................................Page 9 Article 14 Overtime ................................................................................Page 9 Article 15 Working Out of Classification & Temporary Upgrade Pay ..Page 13 Article 16 Injured on Duty ......................................................................Page 14 Article 17 Bilingual Pay ..........................................................................Page 15 Article 18 Uniforms and Equipment .......................................................Page 15 Article 19 Tool Reimbursement ..............................................................Page 17 Article 20 Vacation ................................................................................Page 18 Article 21 Holidays .................................................................................Page 20 Article 22 Sick Leave ..............................................................................Page 21 Article 23 Bereavement Leave ................................................................Page 23 Article 24 Family and Medical Leave Acts ...........................................Page 23 Article 25 Leave of Absence ...................................................................Page 24 Article 26 Military Leave ........................................................................Page 26 Article 27 Jury Duty ................................................................................Page 26 Article 28 Rest Periods ...........................................................................Page 26 Article 29 Late Starts ..............................................................................Page 26 Article 30 Flexible Classifications ..........................................................Page 27 Article 31 Flexible Start Hours ...............................................................Page 28 Article 32 Alternative Work Schedules and Shift Changes ....................Page 28 Article 33 Flexible Job Sharing ..............................................................Page 28 Article 34 Health Insurance/Flexible Benefits Program .........................Page 29 Article 35 State Short Term Disability Insurance/Family Medical Leave Benefits Page 31 Article 36 Long Term Disability Insurance ............................................Page 31 Article 37 Retirement ..............................................................................Page 32 Article 38 Deferred Compensation .........................................................Page 33 Nov. 3, 2020 Item #5 Page 80 of 159 CCEA Memorandum of Understanding Table of Contents Page 2 Article 39 Dispute Resolution Procedure................................................Page 33 Article 40 Alcohol and Drug Policy .......................................................Page 39 Article 41 Access to Information ............................................................Page 43 Article 42 Communications ....................................................................Page 43 Article 43 Legal Representation .............................................................Page 43 Article 44 Layoff .....................................................................................Page 44 Article 45 Carlsbad Municipal Water District ........................................Page 46 Article4645 Full Understanding, Modification & Waiver .........................Page 47 Article4746 Provisions of Law ..................................................................Page 47 Article4847 Retention of Benefits .............................................................Page 47 Article4948 Non-discrimination Clause ....................................................Page 48 Article5049 Americans With Disabilities Act ...........................................Page 48 Article5150 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits .........................................Page 48 Article5251 Special Housing Facilities......................................................Page 48 Article5352 Contracting Out Work............................................................Page 50 Article5453 Pay Ranges .............................................................................Page 52 Article5554 Survey Market ........................................................................Page 53 Article 5655 Reopener ................................................................................Page 54 Article 56 Paid Family Leave .................................................................Page 55 Article 57 Confined Space Pay ...............................................................Page 55 Attachment A Salary Schedule - General Employees Attachment B Benefits Retained by CMWD Employees Attachment CB Compensation and Benefits Summary – CCEA Represented Employees Working a Reduced FTE Schedule Attachment DC Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibilities and Agreement to Terms of Assignment Attachment ED Separation Agreement and General Release Nov. 3, 2020 Item #5 Page 81 of 159 MEMORANDUM OF UNDERSTANDING between the City of Carlsbad and the Carlsbad City Employees’ Association Foreword The Memorandum of Understanding is made and entered into between designated management representatives of the City of Carlsbad (hereinafter referred to as the “City”), and the designated representatives of the Carlsbad City Employees’ Association (hereinafter referred to as “CCEA” or “Association”). Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as “Memorandum”) to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the general employees covered under this Memorandum, as shown on Attachment A and Attachment C; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. Article 1 Recognition The City of Carlsbad recognizes CCEA as the exclusive majority representative for all classifications in this unit, as set forth in Attachment A, pursuant to the petition for formal recognition submitted on February 11, 1976, and approved April 20, 1976, in accordance with the Carlsbad Municipal Code. Attachment C lists additional classifications added to this unit. Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to the ratification meeting by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council acts, by majority vote, formally to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum of Understanding shall be from January 1, 20182021, through December 31, 20202022. Nov. 3, 2020 Item #5 Page 82 of 159 Article 4 Renegotiation In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall serve upon the other a notice of such intent prior to expiration of the Memorandum of Understanding. If a party provides intent pursuant to this section, the parties agree to initially meet not less than forty-five (45) calendar days and no more than six months prior to the expiration of the Memorandum of Understanding, if possible. Article 5 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: A. City’s principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone (760) 602-2440), except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CCEA authorized representatives shall be its President, its Board of Directors, or a CCEA member in good standing who has been designated as an authorized CCEA representative in writing by CCEA’s President or a member of the Board of Directors. (Address: 1635 Faraday Avenue, Carlsbad, CA 92008). C. Copies of all correspondence to CCEA authorized representatives shall also be sent to the CCEA designated staff representatives. CCEA will notify Human Resources of the organization, contact name, and address whenever a change is made. Article 6 No Strike and No Lockout A. No Strike. During the life of this agreement, neither the Association nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sick-outs, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. B. Penalty. Any employee engaging in activity prohibited by Article 6, A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. C. No Lockout. During the term of this agreement, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6, A. D. Association Official Responsibility. Each employee who holds the position of officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provision of this article, the Association agrees to inform its members of their obligations under this agreement and to direct them to return to work. Nov. 3, 2020 Item #5 Page 83 of 159 Article 7 City Rights The rights of the City include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, committees, and boards; set standards of service; determine procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 8 Employee Rights A. Employees of the City shall have the right to form, join and participate in the activities of CCEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City, CCEA or other employee organization(s) because of the exercise of his/her rights under this Article. C. An individual employee reserves the right to individual representation, upon formal notice to CCEA and the City, on any matter of Employer-Employee Relations. D. CCEA shall be provided notice of the results of such individual Employee-City meetings. Article 9 Association Rights A. The City recognizes the right of CCEA to govern its internal affairs. B. The City agrees to include a one-page CCEA “Information Sheet” in the orientation packet for newly hired employees in positions represented by CCEA. The City and CCEA agree that the purpose of the “Information Sheet” is to familiarize new employees with the operations and benefits of CCEA. All costs associated with preparing the “Information Sheet” shall be borne by CCEA. CCEA agrees to indemnify and hold the City harmless for any disputes between CCEA and employees represented by CCEA arising out of information contained in the “Information Sheet.” Prior to distribution the “Information Sheet” must be approved by the Human Resources Director. Should the City have less than ten (10) CCEA information sheets on hand, it shall notify CCEA so that CCEA can ensure that the City has adequate information sheets on hand for new hires. C. The City will furnish bulletin boards for use by CCEA. Material placed on said bulletin boards shall be at the discretion of CCEA. The City may remove CCEA material only in Nov. 3, 2020 Item #5 Page 84 of 159 the event the material is obviously offensive to good taste, defamatory, and shall be removed only on prior notification to CCEA. Bulletin boards shall be located at: 1) City Hall Employees’ Lounge, 2) Library Employees’ Lounge, 3) Parks Employee Rooms, 4) Oak Avenue Trailer, 5) Faraday Employees’ Lounge, 6) Safety Center Employees’ Lounge, 7) Fleet Maintenance, 8) Stagecoach Community Park, 9) Calavera Community Park, 10) the City Clerk’s Office, and 11) the Senior Center. By mutual agreement additional locations may be added. CCEA reserves the right, at CCEA expense, to glass enclose with lock and key the bulletin boards furnished by the City for the exclusive use by CCEA. D. Twice annually, within thirty (30) calendar days of written request from CCEAUpon written request from CCEA, the City agrees to provide CCEA with a listing of names, departments, and classifications of employees in classifications represented by CCEA. Names, departments, and classifications provided will reflect the most current data on file with the Human Resources Department as of the date the list is prepared. E. CCEA shall provide and maintain with the City a current list of the names and all authorized representatives of the CCEA. An authorized representative shall not enter any work location without the consent of the Department Head or his/her designee or the City Manager or his/her designee. The Department Head or his/her designee shall have the right to make arrangements for a contact location removed from the work area of the employee. Management shall not unreasonably deny access. F. CCEA may, with the approval of the Human Resources Department, be granted the use of City facilities for after hour meetings. G. CCEA shall be allowed to designate employee representatives to assist employees in preparing and processing grievances; and preparing and presenting material for disciplinary appeals hearings. CCEA may designate one employee representative to assist an employee in preparing and presenting materials for the above-listed procedures. The employee representative so designated shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing materials for such procedures. Employee representatives who investigate, prepare or present materials during off-duty time shall do so on their own time. Employee representatives and employees who attend discipline or grievance hearings or City Council meetings during the off-duty time shall do so on their own time; providing, however, that employees who are ordered or subpoenaed to attend such hearings shall be compensated in accordance with the overtime provisions of this Memorandum of Understanding. Designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to attend meetings relative to other matters of employer- employee relations. Nov. 3, 2020 Item #5 Page 85 of 159 Designated employee representatives requesting time off under this article shall direct such request to his/her immediate supervisor in writing within a reasonable time period to the date requested, in order to assure that the department meets its staff needs and to assure sufficient coverage of departmental assignments. H. CCEA may select members of the organization to attend scheduled meetings with the City staff on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the City may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the City at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Department Head or other authorized City management official. (2) That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. Article 10 Confidential Employees Employees are designated as confidential employees due to the work they perform related to employer-employee relations and the access they have to information related to employer-employee relations. Confidential employees: • may not act as representatives of employee organizations which represent other employees of the city (e.g., may not represent employees in discipline or grievance procedures), • may not provide information related to or participate in labor negotiations on behalf of CCEA, • and may not disclose information obtained in their job duties to bargaining unit members or any employee organization unless required by their job. This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA. The following positions are designated as confidential: 1) Human Resources Department: all CCEA-represented positions in this department 2) City Manager’s Office: all CCEA-represented positions in this department 3) City Attorney’s Office: all CCEA-represented positions in this department Nov. 3, 2020 Item #5 Page 86 of 159 4) Finance Department: Administrative Secretary, Accountant and Accounting Technician assigned to payroll responsibilities, Business Systems Specialist, Secretary 5) Information Technology Department: Business Intelligence Analyst and any other positions in this department that, due to the work responsibilities, require regular access to and are responsible for supporting applications/databases that contain confidential employee information, including, but not limited to, HCMS, timekeeping, payroll and performance management applications. Positions in this department that may periodically access applications/databases that contain confidential employee information but, for which prior approval from management is required to gain such access, are not considered confidential positions. The City may create new confidential positions. In such cases, the City will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. Article 11 Payroll Deductions/Agency ShopCCEA Dues The CCEA will provide the City with information regarding the amount of dues deductions and the list of CCEA member employees who have affirmatively consented to or authorized dues deductions. The City shall deduct CCEA membership dues and any other mutually agreed upon payroll deductions, to the extent permitted by law, from the bi-weekly pay of each member employee and remit the deducted dues to the CCEA as soon as possible after the deduction. The City agrees to direct each member employee to CCEA with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law. CCEA is responsible for providing the City with timely information regarding changes to member employees’ dues and any other lawful union-related payroll deduction. A. The City shall withhold deductions in amounts designated by CCEA members providing changes do not occur more frequently than once each fiscal year. B. AGENCY SHOP All bargaining unit employees are required to be dues paying members of the Association, or pay a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a designated charitable organization. 1.0 CCEA’s Certification The City shall make payroll deductions in reliance on the Union’s certification certifying that CCEA has and will maintain an authorization, signed by each member employee who affirmatively consents to pay CCEA membership dues. The CCEA is responsible for providing the City with timely information regarding changes to member employee’s dues and any other lawful union-related payroll deduction. Nov. 3, 2020 Item #5 Page 87 of 159 The City shall continue to withhold such deductions and shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by CCEA. The City shall not request CCEA to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization. 12.0 Covered Employees All employees covered by the Memorandum of Understanding between the City and the Association are considered covered employees under this Article. 2.0 Agency Fee 2.1 The amount of the agency fee will be determined annually by the Association in accordance with Government Code section 3502.5. It will not exceed the standard initiation fee, period dues, and general assessments of the Association. 2.2 At least thirty (30) calendar days prior to any increase in the amount of the fee, and annually thereafter, each employee covered by this Agreement will receive written notice from the Association indicating: 2.2.1 The amount of the agency fee (expressed as a percentage of the annual dues per member based upon the chargeable expenditures identified in the notice); 2.2.2 The basis for the calculation of the agency fee, which will be supported by an independent audit; 2.2.3 A statement informing the employee about the existence of the independent audit and its availability to the employee upon request; and 2.2.4 The procedure for appealing all or any part of the agency fee. 2.2.5 The Association will also provide the notice referenced in this section and a copy of the Association bylaws to Human Resources to be given to new employees at their orientation. 2.2.6 The Association’s appeal procedures shall comply with the requirements established by State and Federal law. 3.0 Escrow of Agency Fees in Dispute 3.1 The Association will open an account in an independent financial institution in which to place in escrow agency fees collected from employees who have made timely objections under the Association’s appeal procedures. 3.2 The escrowed agency fees will not be released until after either: Nov. 3, 2020 Item #5 Page 88 of 159 3.2.1 Mutual agreement between the objecting employee and the Association has been reached on the proper amount of the agency fee; or 3.2.2 A final decision has been rendered by the impartial decision maker (or the courts, if judicial review is sought under Code of Civil Procedure section 1094.8). 3.3 The Association will pay interest at the prevailing rate on all rebated fees. 4.0 Religious Exemptions In lieu of paying the agency fee, an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee associations may pay an amount equivalent to the agency fee to one of the following nonreligious, non-labor charities: United Way Special Olympics Carlsbad Educational Foundation The employee must provide proof of payment to the City and the Association on a monthly basis. The Association may also require the employee to provide the Association with proof of membership or of continued membership in the religion, body, or sect upon which the religious exemption is based. 5.0 Payroll Deduction Process 5.1 In the event an employee submits an objection to the amount of the agency fee or there is a dispute regarding the employee’s religious exemption claim, the employee will be informed that an amount equal to the agency fee will be deducted from the employee’s salary and placed in an escrow account referred to in section 3.0 above pending the final determination of the objection or validity of the exemption. At the conclusion of the process, the escrowed funds will be disbursed appropriately. 5.2 If, after deductions commence, a dispute arises between the employee and the Association over the amount or propriety of the agency fee, deductions will continue to be made and the disputed fees will be placed in an escrow account in accordance with section 3.0 above. 5.3 All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over agency fee deductions. No agency fee deduction will be made from an employee’s paycheck unless the employee’s earnings are sufficient to cover the agency fee after all other legal and required deductions are made. 5.4 If there is a non-disputed change in the exclusive representative for all or a portion of the covered employees, the City will transmit the agency fees deducted from the paychecks of those employees to the new representative without interruption. If there is a disputed change in the exclusive representative for all or a portion of the covered employees, the City will place the agency fees deducted from the paychecks of those employees in an interest-bearing accounting pending final resolution of the dispute. Nov. 3, 2020 Item #5 Page 89 of 159 6.0 Records and Reports The Association will keep itemized records of its financial transactions. In addition, annually, within sixty (60) calendar days after the end of its fiscal year, the Association will make available to the City and to all represented employees a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. 3.0 Priority of Deductions All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over dues deductions. No dues deduction will be made from an employee’s paycheck unless the employee’s earnings are sufficient to cover the dues after all other legal and required deductions are made. 74.0 Indemnification The Association agrees to defend, indemnify and hold the City (including its Water District and Redevelopment Agency and their officers, employees, agents, and elected or appointed officials) harmless from and against any and all claims, demands, losses, damages, disputes, fines, penalties, suits, actions, causes of action, judgments, obligations, liabilities, costs and expenses (including, but not limited to, reasonable attorney’s fees and court costs), or other actions arising out of or relating to Article 11this Agreement including but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the CCEA’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the CCEA. or the agency shop arrangement. In the event any such action or proceeding is brought against the City by reason of any such claim, the CCEA, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the CCEA agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the CCEA’s actions or inactions under Article 11. Article 12 Compensation Adjustments Effective January 1, 2019, all CCEA employees shall receive a three percent (3%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. Effective January 1, 2020, all CCEA employees shall receive a three percent (3%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. Effective January 1, 2021, all CCEA employees shall receive a two percent (2%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. Nov. 3, 2020 Item #5 Page 90 of 159 Effective January 1, 2022, all CCEA employees shall receive a two and a half percent (2.5%) base salary increase. An employee’s base pay rate may not exceed the maximum of the pay range for their classification. The City will continue its practice of periodically reviewing classification specifications and salaries. Article 13 Distribution of Paychecks CCEA employees are not required to receive payroll funds through electronic deposit. Employees who provide written authorization for such electronic deposit, shall receive a Statement of Earnings (pay stub) through an electronic pay system. The electronic pay system will permit employees to view/print current and previous bi-weekly pay stubs. The Employer will provide training for all employees, as necessary in the use of the electronic pay system. For those employees who do not provide written authorization for an electronic deposit of their payroll, their payroll funds will be deposited in the U.S. mail with postage fully prepaid on the Friday following the electronic pay date or as soon as administratively possible if there is not an Accounts Payable check run that Friday. Payroll will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required. The City shall make every reasonable effort to resolve payroll errors during the next pay period, and to provide additional sums (when warranted) with the following payroll. The City agrees to meet with the CCEA at mutually acceptable times and places to review payroll related problems affecting more than one bargaining unit member. Article 14 Overtime 1. Overtime Any employee required to perform in excess of forty (40) hours in a seven (7) day cycle and/or in excess of an employee’s scheduled work day shall receive compensation at the rate of time and one-half his/her regular rate of pay, except as outlined in Section 2 below. The regular rate of pay shall be calculated in conformance with the FLSA. In determining an employee’s eligibility for overtime, paid leaves shall be included in the total hours worked. Excluded from the total hours worked are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. 2. Request for Temporary Shift Adjustment (Flex Time) Nov. 3, 2020 Item #5 Page 91 of 159 An employee may request that the employee’s normal workday be temporarily altered in order to accumulate a credit of work hours that may be used to take time off during the employee’s FLSA work week and same pay period without loss of pay. If the request is approved by management, pay for hours worked during this temporary shift adjustment shall be paid at the straight time rate. The FLSA work week for employees on a 9/80 schedule begins four (4) hours after the regularly scheduled starting time for their Friday shift and ends one hundred sixty eight (168) hours later (at four (4) hours after the regularly scheduled starting time for their Friday shift). For all others the work week is from Monday at 12:00 a.m. to Sunday at 11:59 p.m. 3. Call Back Pay Call back duty occurs when an employee is requested and accepts the request to return to duty on a non-regularly scheduled work shift. Call back does not occur and regular overtime rules and pay apply (e.g., no minimum) when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift or if the assignment has been scheduled in advance and the employee is provided with at least twenty four (24) hours notice of said assignment. Coming Back To Work If the employee has to come to work to resolve the problem, (i.e., the work is not completed remotely via phone/computer) the employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time the employee begins their commute to work. The employee shall be paid for travel time to and from the call back assignment up to a maximum total travel time (to and from) of three (3) hours. Travel time is included as part of the call back minimum compensation. Mileage reimbursement for expenses to the work site will not be compensated. Some example scenarios are shown below. Example 1 Time spent commuting to work is 2 hours Time spent at work is 1 hour Time spent commuting back home is 2 hours Total paid time for this scenario would be 4 hours (maximum 3 hours for commute/travel time plus 1 hour at work). Example 2 Time spent commuting to work is 15 minutes Time spent at work is 30 minutes Time spent commuting back home is 15 minutes Total paid time for this scenario would be 2 hours (the minimum call back pay). Example 3 Time spent commuting to work is 1 hour Time spent at work is 1 hour Time spent commuting back home is 1 hour Total paid time for this scenario would be 3 hours. Nov. 3, 2020 Item #5 Page 92 of 159 Performing the Work Remotely If the work is performed remotely via phone/computer the employee shall be credited for a minimum of thirty (30) minutes work commencing at the time the employee begins the callback work. If an employee receives multiple calls/messages and completes the work related to all of those calls/messages remotely and via phone/computer within the same thirty (30) minute period, the employee shall be credited for a minimum of thirty (30) minutes work. 4. Compensatory Time In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off. No employee shall accrue more than eighty (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 any time an employee may elect to “cash out” any portion of his/her accrued compensatory time balance at his/her regular rate of pay by requesting this “cash out” on his/her time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. In lieu of receiving overtime pay pursuant to Section 1 above, an employee may elect, subject to department approval, to receive compensatory time off on a time and one-half basis. No employee shall accrue more than eighty (80) hours of such compensatory time. Should any employee exceed eighty (80) hours of accrued compensatory time, he/she shall be paid at time and one-half his/her regular rate. An employee may use such compensatory time within a reasonable period after making the request if the use of compensatory time does not unduly disrupt the operations of the department. At any time an employee may elect to “cash out” any portion of his/her accrued compensatory time balance at his/her regular rate of pay by requesting this “cash out” on his/her time card. Upon separation from the city service an employee who has a balance of unused compensatory time shall be paid out the remainder of their compensatory balance. 5. Overtime Authorization Nov. 3, 2020 Item #5 Page 93 of 159 All overtime requests must have the prior authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. 6. Clothes Changing Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence and work. Nothing herein prevents an employee from wearing his/her uniform while conducting personal business during lunch time. Time spent in changing clothes before or after a shift, is not considered hours worked and is not compensable in any manner whatsoever. 7. Training Time Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq. Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq. When feasible, the Department will adjust the employee’s work schedule to minimize the impact of travel and training time. Travel time to and from local work-related training either before, during or after regularly scheduled work hours shall be compensated for all CCEA employees regardless of whether the employee is a driver or passenger. For the purposes of this section, “local” refers to work related training taking place in San Diego, Imperial, Orange, Riverside, San Bernardino and Los Angeles Counties. 8. City Vehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. Refer to Administrative Order No. 3 for more information regarding use of City vehicles. This provision also applies in those situations where the radio must be left on and monitored. Nov. 3, 2020 Item #5 Page 94 of 159 9. Court Pay When an employee is physically called to court for City-related business, while off duty, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for the court appearance. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. 10. Standby Pay “Standby assignment” requires an employee to: a. Review and confirm receipt of the standby assignment schedule within the deadlines established by the applicable department; b. Carry a cellular phone during standby assignment; c. Respond to a call/message promptly without delay. If an employee has arranged for another employee to respond, the employee must notify the supervisor, the department, and dispatch of the name of the substitute employee who will respond. Callback shall be handled in accordance with each department’s standby/callback policy; d. Each department’s standby/callback policy shall be developed and submitted to Association representatives for meeting and conferring. In addition, the City shall provide training for the supervisors and managers responsible for administering departmental standby/callback policies and shall also provide orientation for all employees subject to the standby/callback policies; e. Abide by the City’s Alcohol and Drug Policy as specified in Article 40 of this agreement during standby assignment; and abide by the rules and regulations set forth by the Department of Transportation (DOT); f. Wear appropriate clothing, safety equipment, and any other form of City identification as defined by the department when making a callback response from standby assignment; g. Accept $35.00 per day for each day on standby assignment. h. Acknowledge and agree that time on standby assignment is not considered to be compensable work time for purposes of the Fair Labor Standards Act (FLSA); provided, however, (1) individuals have not waived any rights they may have outside of this contract under the FLSA; and (2) neither the fact of these negotiations nor the changes negotiated in this agreement shall be used by either party or by any individual to the prejudice of the other party in any grievance or complaint outstanding as of the time of this agreement. Nov. 3, 2020 Item #5 Page 95 of 159 i. The Information Technology Department will implement standby duty upon ratification of this MOU and in accordance with the Information Technology Department Standby Policy dated February 23, 2018. Article 15 Working Out of Classification and Temporary Upgrade Pay Whenever the needs of the City require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification for a period of more than twenty-one (21) calendar days, the employee shall be designated as being in an out-of-class assignment and shall receive additional temporary upgrade pay while in the out-of-class assignment. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less than five percent (5%) greater than his/her current base salary. Subsequent to designation in an out-of-class assignment, in the event that the situation changes and the City does not need the employee to serve in an out-of-class assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the out-of-class assignment lasts. In the event that at the beginning of an out-of-class assignment, it is not perceived that the assignment will last at least twenty-one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the Human Resources Director as recommended by the affected Department Head. Exceptions to the minimum qualifications criteria may be recommended by the affected Department Head on a case by case basis. If the employee does not meet the minimum qualifications for the higher classification he/she shall receive not less than 2.5% temporary upgrade pay. The temporary upgrade pay shall commence on the first (1st) calendar day of the temporary out-of-class assignment. The recommendation that an employee be placed in an out-of-class assignment shall be put in writing by the affected Department Head and submitted to the Human Resources Director for approval. If an employee is serving in an out-of-class assignment for a vacant position, the employee shall not serve more than nine hundred sixty (960) total hours, including leave and overtime hours, in a fiscal year. All other employees in out-of-class assignments The employee shall not serve for more than one hundred and eighty (180) calendar days in an out-of-class assignment unless approved by the City Manager or his/her designee. Temporary upgrade pay shall be reported to the Public Employees’ Retirement System in accordance with applicable regulations. If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their out of class assignment shall cease on the twenty-second (22nd) day. On the day that the employee returns to work, if the supervisor determines that the employee is required to continue to perform the duties of the out of class assignment, the temporary upgrade pay will resume as of the day the employee returns to work. A person appointed in an out-of-class assignment shall be eligible to receive merit increases in his/her regular position during the out-of-class assignment. The Human Resources Director shall Nov. 3, 2020 Item #5 Page 96 of 159 obtain the employee’s consent for the temporary performance of any of the duties of the higher classification beyond a period of twenty-one (21) calendar days, prior to the employee’s assuming or continuing the duties and additional compensation, which consent shall clearly state that it is understood that a reduction in salary shall be effected to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. The Association may present to the Human Resources Director specific facts which support that an employee is performing the duties of a higher classification. The Human Resources Department will conduct a study and provide the Association with the findings of the classification study. Should the study determine the duties to be of a higher, lower or comparable existing classification, a proposed solution to the situation will be offered. The proposed solution may include, among other alternatives, that the work be managed in an alternative manner or that the position be reclassified to reflect the work being performed. The reclassification of a position will be approved in accordance with the personnel rules. Article 16 Injured on Duty Occupational Sick Leave is leave with pay that is granted to employees who have sustained a work related injury or illness and are temporarily disabled from work. Any general employee that sustains a work related injury or illness and becomes temporarily disabled from work as a result, may receive their full salary, in lieu of the State mandated temporary disability benefit, for a period 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 pre-designated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters. An employee who is still temporarily disabled after the forty-five (45) calendar days have been exhausted will be paid at the rate established by the California Labor Code for such disabilities. However, the City shall supplement the State rate, up to the employee’s full salary level, by utilizing any vacation, sick, or compensatory leave that the employee has accrued. Once the employee’s accrued leave has been exhausted, the employee will be compensated at the State rate for the balance of the temporary disability period. Wages alone will be the basis of computation for occupational sick leave. Article 17 Bilingual Pay Effective the first day of the pay period that includes January 1, 2021, The the City will provide additional compensation to an employee, designated by the Human Resources Department, in the amount of $40.0050.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the City. Nov. 3, 2020 Item #5 Page 97 of 159 In order to qualify for and receive bilingual pay, employees must pass a bilingual proficiency test as determined by the City in the Spanish foreign language or American Sign Language (ASL) as determined appropriate by the City. This Article shall not be subject to the grievance procedure. Article 18 Uniforms and Equipment A. The City shall continue to provide and maintain uniforms in the maintenance departments. B. Employees shall be responsible for proper care and maintenance of uniforms. C. Except for reasonable travel time to and from work, uniforms shall not be worn outside the context of performing maintenance functions while on duty or as otherwise acting as an agent of the City. D. The City shall determine the CCEA classifications which require employees to wear safety footwearcontinue to purchase safety boots or safety shoes for classifications as determined by the City. The City shall establish, subject to consultation with the affected employees, a voucher system for the employees to acquire safety footwear and insoles. to purchase safety footwear from City-approved vendors. Individual acquisitions Acquisitions of safety footwear or insoles made outside the voucher system must be pre-approved by the acquiring employee’s department. for reimbursement after review by the employee’s supervisors. Reimbursement for the acquisition of safety footwear and insoles shall be limited to a maximum of four hundred and fifty dollars ($450) per fiscal year. All reimbursement requests must be approved by the acquiring employee’s department. Acquisition of safety footwear shall be limited to a maximum of two (2) times per year not to exceed a cost of one hundred fifty dollars ($150) per acquisition. In special circumstances as determined and pre-approved by the employee’s supervisor, safety footwear acquisition requiring an expenditure over one hundred fifty dollars ($150) may be made one (1) time per year, not to exceed a cost of two hundred dollars ($200). E. The City will reimburse any employee who is required to wear safety glasses and/or goggles up to one hundred seventy-five dollars ($175) in a calendar year for the cost of prescription lenses for such glasses and/or goggles, subject to the following conditions: 1. The employee must present an appropriate receipt; 2. Reimbursement is for lenses only and not for eye examination, treatment or visits to an optometrist or optician; 3. The City will provide reimbursement only for glasses and/or goggles if the prescription has changed or if glasses and/or goggles have been damaged; and Nov. 3, 2020 Item #5 Page 98 of 159 4. Glasses and/or goggles for which the City has provided reimbursement shall only be used while performing work for the City. F. Value of Uniforms reported to CalPERS The City shall report the biweekly amount of $1.92 as special compensation related to the monetary value of the required uniforms for employees in the following positions: 1. Building Maintenance Worker I/II 2. CMWD Construction & Maintenance Worker II 3. CMWD System Operator II 4. CMWD Water Conservation Specialist 5.2.Cross Connection Control Technician 6.3.Custodian /Custodian II 7.4.Environmental Specialist I/II 8.5.Equipment Service Worker 9.6.Equipment Technician I/II 10.7. Lead Equipment Technician 11.8. Maintenance Aide in the Parks Division 12.9. Maintenance Worker in Parks and Streets Departments 13.10. Meter Services Worker I/II/III 14.11. Park Maintenance Specialist 15.12. Park Maintenance Worker II/III 16.13. Sanitation Systems Operator I/II/III 17.14. Scada Technician 18.15. Senior Building Maintenance Worker 19.16. Senior Cross Connection Control Technician 20.17. Senior Environmental Specialist 21.18. Storm Drain Maintenance Worker 22.19. Street Maintenance Worker I/II/III 23.20. Tree Trimmer I/II 24.21. Tree Trimmer Leadworker 25.22. Utility Worker I/II/III 26.23. Warehouse Technician 27.24. Water Conservation Specialist 28.25. Water Systems Operator I/II/III Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members. Article 19 Tool Reimbursement This article applies only to eligible employees in the following job classifications who furnish their own tools as a condition of employment: Lead Equipment Technician, Equipment Technicians and Equipment Service Workers. Nov. 3, 2020 Item #5 Page 99 of 159 Employees in the job classifications mentioned are required to provide their own tools on the job as a condition of employment. The employees are further eligible to receive a cash tool reimbursement provided that the conditions for receiving the reimbursement are met. Tools and tool boxes will be replaced in kind if they are lost due to fire, burglary, or robbery of the City facility or some other catastrophe or accident not due to the employee’s negligence or fault. Tools and tool boxes will not be replaced due to employee negligence. An inventory of all the tools in the employee’s possession at work, including those tools over and above the “essential tool list,” must be on file with the Superintendent. The City has the right to request that a specialized tool(s) not be kept in the employee’s inventory. The City will reimburse the employees in the above classifications up to five hundred fifty ($550) dollars in a fiscal year for the cost of tools, subject to the following conditions: 1) The employee must present an appropriate original receipt; 2) Such reimbursement will be paid only once during the fiscal year, by September 30, and cannot be accumulated from year to year. Those expenses not documented by an original receipt, up to the five hundred fifty ($550) dollar maximum, will be incorporated into the employee’s regular payroll check and treated as taxable income. It is the responsibility of the Management to direct the administration of the tool reimbursement and: A. Provide a list of “essential tools” which define the full inventory of tools required for employees to be eligible for tool reimbursement. B. Recommend revisions to the “essential tools” and to meet the requirements of current skilled trades technology. C. Informally agree with members of the shop when considering adding tools to the “essential tool list.” Employees receiving a tool reimbursement shall allow inspection of personal tool box by supervisor to verify outfitting of tools. The eligible employee during each work shift must have all the tools listed as “essential tools.” Failure to keep said tools on site will result in the tool reimbursement being withheld from the individual until such time as the employee comes into possession of all “essential tools.” The appropriate supervisor during the month of August will: A. Review the personal tool inventory as meeting the requirements of “essential tools.” B. Provide a recommendation to the Superintendent of an alternate tool as a substitute for the tool listed on the “essential tools” list on an item-by-item basis. Nov. 3, 2020 Item #5 Page 100 of 159 In September of each year, the Superintendent shall prepare the necessary payable documents to provide for payment of the tool reimbursement to eligible employees. Article 20 Vacation Every probationary and regular full time employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15 minute increments. A. Basis of Accrual Accrual of vacation begins with the first working day following appointment and thereafter accrues on a daily basis. The following shall be the annual vacation leave schedule: • Beginning with the first (1st) working day through the completion of five (5) full calendar years of continuous service – 13 minutes/day. • Beginning the sixth (6th) year of employment through the completion of ten (10) full calendar years of continuous service – 20 minutes/day. • Beginning the eleventh (11th) year of employment through the completion of eleven (11) full calendar years of continuous service – 21 minutes/day. • Beginning the twelfth (12th) year of employment through the completion of twelve (12) full calendar years of continuous service – 22 minutes/day. • Beginning the thirteenth (13th) year of employment through the completion of thirteen (13) full calendar years of continuous service – 24 minutes/day. • Beginning the fourteenth (14th) year of employment through the completion of fifteen (15) full calendar years of continuous service – 25 minutes/day. • Beginning the sixteenth (16th) year of continuous employment, vacation time shall be accrued, and remain at a rate of 26 minutes/day for every full calendar year of continuous employment thereafter. B. Vacation Accrual Maximum All employees shall be entitled to earn and accrue up to and including three hundred and twenty (320) hours of vacation, and no employee will be allowed to earn and accrue vacation hours in excess of the three hundred and twenty (320) hour maximum. Department Heads shall encourage the taking of accrued vacation leave. If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Department Head and the City Manager. The Department Head and the City Manager may grant such request if it is in Nov. 3, 2020 Item #5 Page 101 of 159 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 will be provided an option to convert accrued and unused vacation to cash in amount of 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. 2.1. Employees 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. 3.2. 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. 4.3. 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. 5.4. 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. 6.5. 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. 7.6. 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. 7. 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. Nov. 3, 2020 Item #5 Page 102 of 159 Once in each February, during a pay period to be determined by the City Manager or his/her designee, employees will be allowed to voluntarily convert up to eighty (80) hours of accrued vacation to cash, provided that they have used at least eighty (80) hours of vacation during the prior calendar year. D. Effects of Holiday on Vacation Leave In the event one or more authorized municipal holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, but shall be credited as a holiday. E. Effect of Leave of Absence on Accrual of Vacation Leave Refer to Article 25.3 for the effect of a leave of absence on vacation accrual. F. Compensation for City Work During Vacation Prohibited No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from City service. This clause shall not limit the City’s right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status. G. Scheduling Vacations An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. An employee shall normally provide one week notice in advance of the day(s) he/she is requesting vacation time off. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances. H. Vacation Payout An employee separating from the City service who has a balance of unused accrued vacation leave shall be entitled to be paid for the remainder of their unused accrued vacation leave as of their last day on payroll. When separation is caused by death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided in the Probate Code of the State. Article 21 Holidays A. Authorized Holidays The City shall observe eleven (11) scheduled paid holidays. The scheduled paid holidays that will be official City holidays shall be as follows: New Year’s Day Columbus Day Martin Luther King’s Birthday Veteran’s Day President’s Day Thanksgiving Day Nov. 3, 2020 Item #5 Page 103 of 159 Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day Only those who are on employed status on their last scheduled work day before a holiday shall be entitled to the paid holiday except where otherwise required by law. Effective July 1, 2018, all CCEA employees will receive one floating holiday per fiscal year, each year on July 1st. Effective July 1, 2019, all CCEA employees will receive two floating holidays per fiscal year, each year on July 1st. The floating holiday may be used at the discretion of the employee with prior approval of the Department Head. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment. B. Procedure if Holiday Falls on Saturday or Sunday When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. The City shall annually develop and publish a holiday schedule which will identify the specific days on which the above holidays will be observed as official City holidays. C. When a Holiday Falls on a Regularly Scheduled Work Shift When a holiday falls on an employee’s regularly scheduled work shift, the employee is entitled to be absent that day and receive holiday pay at straight time equal to the number of hours in his/her regular work shift. If the employee’s supervisor requests that the employee work on that holiday, the employee may, with the supervisor’s approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on the holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. Nov. 3, 2020 Item #5 Page 104 of 159 D. When a Holiday Falls on an Employee’s Regular Day Off When a holiday occurs on a day which is the employee’s regular day off, the employee is entitled to be absent on their next regularly scheduled work shift immediately following the holiday (i.e., their next regularly scheduled work shift becomes their designated holiday). If the employee’s supervisor requests that the employee work on their designated holiday (i.e., the next regularly scheduled work shift immediately following the City’s published holiday), the employee may, with the supervisor’s approval, choose one of the following two options. Option 1: The employee may be absent on another regularly scheduled work shift in the same work week as the holiday. The holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift. This does not result in any overtime pay or additional pay. In this case, the City published holiday becomes a regularly scheduled work shift and, if the employee calls in sick, on that day, they shall be charged for the appropriate use of sick leave. Option 2: The employee shall receive overtime at a rate of time and one half of their regular rate of pay for the actual hours worked on their designated holiday plus the holiday pay at straight time equal to the number of hours in his/her regular work shift. An employee who chooses this option will not receive any paid time off for the holiday. E. Employees on Leave Refer to Article 20 and Article 22 for information regarding the impact of holidays on vacation and sick leave. Article 22 Sick Leave Sick leave can be used in 15 minute increments. A. Accrual Every probationary and regular full time employee shall accrue sixteen (16) minutes sick leave with pay for each calendar day of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day ) basis. Such accruals shall be cumulative. An employee shall not receive payment for unused sick leave accumulated to his/her credit upon termination, whether voluntary or involuntary. Sick leave shall not be considered a right which an employee may use at his/her discretion. Sick leave shall be allowed as follows: 1. In the case of actual illness or disability that is not job related. Nov. 3, 2020 Item #5 Page 105 of 159 2. Exposure to contagious disease that would jeopardize the health of others. When sick leave is granted under these circumstances, an explanatory medical certificate from the physician is required. 3. A pre-scheduled doctor, dental, or optometry appointment has been approved by the employee’s direct supervisor. 4. Because illness of a member of the immediate family requires constant care and no other care is available and/or financially feasible except that of the employee. Immediate family is defined in Article 23, Bereavement. 5. All leave provisions will be administered consistent with state and federal laws. B. Proof of Illness In order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor prior to the time set for the beginning of his/her regular duties. The Department Head, with Human Resources department approval, may request a certificate issued by a licensed physician or other satisfactory proof of illness when abuse is suspected and/or when sick leave use is in excess of three (3) consecutive work days. The Human Resources department, at the request of the The Department Head may also designate a licensed physician to conduct a physical examination, and such examination shall be conducted at City expense. Employees shall be required to account for all hours they are requesting as sick leave by completing an absence request. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Department Head the employee has abused such privileges. C. Effect of Leave of Absence Refer to Article 25.3 for the effect of a leave of absence on sick leave accrual. D. Blood Donations Employees making a donation of blood without charge will be given reasonable time off for that purpose. No charge will be made against accrued leave when such absence is approved in advance by the supervisor. E. Effect of Holidays on Sick Leave In the event one or more authorized municipal holidays fall within a sick leave, such holiday shall not be charged as sick leave, but shall be credited as a holiday. F. Sick Leave Conversion Any permanent employee who has accrued and maintains a minimum of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) days of accumulated uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversion option will be provided during the Nov. 3, 2020 Item #5 Page 106 of 159 first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum of three hundred and twenty (320) hours. Any permanent employee applying for retirement with the Public Employees’ Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. Article 23 Bereavement Leave A. An employee shall be granted, upon written request, up to three work shifts of paid bereavement leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The “immediate family” shall be defined in the personnel rules and regulations. B. The employee may be required to submit proof of relative’s death before final approval of bereavement leave is granted. Article 24 Family and Medical Leave Acts The parties acknowledge the existence of the state and federal family and medical leave acts (“the Acts”) and intend to apply and implement this Memorandum of Understanding so as to comply with the Acts. As to employees who are entitled to family and medical leave under the Acts, the City will apply “Article 25 Leave of Absence,” as modified to comply with greater benefits and protections, if any, that are provided in the Acts. The parties agree to consult if compliance with the Acts may hereafter require modifying the provisions of this Memorandum of Understanding. Article 25 Leave of Absence 1. Leave of Absence Without Pay A. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of his/her Department Head for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or his/her designee is required. An employee shall utilize all his/her vacation, compensatory time off and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: Nov. 3, 2020 Item #5 Page 107 of 159 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. 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 Nov. 3, 2020 Item #5 Page 108 of 159 as other payment plans entered into between the City and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. 2. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave, vacation, compensatory time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave, except compensatory time off, prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the City reasonable notice of the date the leave shall commence and the estimated duration of the leave. 3. Extended Leave of Absence Upon completion of 84 consecutive calendar days (12 weeks) of leave of absence (paid or unpaid and except when leave is ordered by the city or when an employee is on an active duty military leave) an employee will not be eligible for the benefits listed below: • accrual of sick leave and vacation and • cell phone allowance. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s vacation anniversary date and seniority (calculation of continuous service with the City) will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days. 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 for the same injury, illness or reason for the leave, (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 shall be extended for each calendar day the employee was on a leave of absence. Other than this exception, Nov. 3, 2020 Item #5 Page 109 of 159 all other provisions in this Extended Leave of Absence section apply to a probationary newly hired employee. Article 26 Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to his/her Department Head, as far in advance as possible, that he/she must report to military duty. Article 27 Jury Duty When called to jury duty, an employee, having provided at least seven (7) calendar days written notice, shall be entitled to his/her regular compensation. If an employee also receives any compensation from the court for serving on a jury, the employee will reimburse the City for the amount they received from the court. Employees shall be entitled to keep mileage reimbursement and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. A Department Head may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the work day. At the discretion of the supervisor, an employee may be released from reporting back to work if an unreasonable amount of the work day remains in light of travel time to the job site after release. Article 28 Rest Periods All CCEA represented employees shall receive, at the direction of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Employees working in the field shall take, at the direction of the department, rest periods at or nearby the work site or return to their department for rest. Rest time is not cumulative beyond the half scheduled work day within which the break period occurs. Article 29 Late Starts An employee who is tardy to work shall be formally counseled by his/her supervisor. Tardiness may cause the employee’s pay to be docked. Such docking shall be done by rounding to the nearest quarter hour. An employee may not substitute accrued compensatory time, vacation, holiday, or sick leave for the docked pay. Nor may the employee utilize a shortened break period or lunch period. Article 30 Flexible Classifications An employee hired into one of the listed entry level positions shall be reclassified to the journey level position following twelve (12) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City-established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If Nov. 3, 2020 Item #5 Page 110 of 159 a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee’s salary will bet set equal to the pay range minimum. Entry Level Position Journey Level Position Account Clerk I Account Clerk II Technician I Building Technician II Engineering Technician I Engineering Technician II Library Assistant I Library Assistant II Maintenance Worker I Park Maintenance Worker II Maintenance Worker I Street Maintenance Worker II Meter Services Worker I Meter Services Worker II Office Specialist I Office Specialist II Planning Technician I Planning Technician II Police Records Specialist I Police Records Specialist II Tree Trimmer I Tree Trimmer II An employee hired into one of the entry level positions listed below shall be reclassified to the journey level position following twenty-four (24) months of successful service in the entry level position and upon meeting journey-level requirements, if any, as established by the City. Any City-established requirements must be identified in the classification description. The employee shall receive a five percent (5%) salary increase upon reclassification to the journey level position. If a five percent (5%) salary increase would result in a salary that is below the pay range minimum of the journey level position, the employee’s salary will bet set equal to the pay range minimum. Entry Level Position Journey Level Position Building Inspector I Building Inspector II Code Compliance Specialist I Code Compliance Specialist II Equipment Technician I Equipment Technician II Inspector I Inspector II Recreation Supervisor I Recreation Supervisor II Equipment Technician I Equipment Technician II Sanitation Systems Operator I Sanitation Systems Operator II Utility Worker I Utility Worker II Waste Water Utility Worker I Waste Water Utility Worker II Water Systems Operator I Water Systems Operator II Waste Water Utility Worker I Waste Water Utility Worker II Article 31 Flexible Start Hours CCEA represented employees, with advance Department Head approval, may alter their starting time per shift between the hours of 6:00 a.m. and 9:00 a.m. The Department Head may revoke the flexible start time at any time and return the employee to regular working hours for that particular department. An employee shall receive fourteen (14) calendar days’ notice, unless extenuating circumstances preclude such a notice, prior to revocation of flexible start hours. This article is not subject to the grievance procedure. Article 32 Alternative Work Schedules and Shift Changes Nov. 3, 2020 Item #5 Page 111 of 159 Employees hired on or after December 23, 1991 shall be subject to having their daily work schedule changed at the sole discretion of the department. Such changes include, but are not limited to, a) number of days/hours to be worked on a daily basis and in a payroll period; b) normal days off; and c) starting/ending times of assigned shifts. The hours of work of the office or facility shall be established by the appointing authority and may be changed to meet operational or other requirements upon at least forty-five (45) calendar days notice to the affected employees unless there is a mutually agreed upon shorter notice period. The City shall notify the Association and any affected employees of any proposed schedule change at least forty-five (45) calendar days prior to its implementation to allow the parties to meet and discuss on the impact of said schedule change, if requested by the Association. If the Association desires to meet and discuss impacts, the Association shall give written notice to the City’s Human Resources Department within seven (7) calendar days of receipt of the notice of the proposed schedule change. The Association agrees that these discussions are not meet and confer, nor subject to all the requirements of meet and confer (for example, the City need not negotiate to impasse and need not exhaust impasse procedures prior to implementing a schedule change). The impacted employee shall have the opportunity to propose an alternate work schedule. The City shall have complete discretion in determining whether or not to allow an alternate work schedule and the City’s decision and the impact of its decision shall be excluded from the grievance procedure. 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80 work schedule. The result of that meeting and conferring is reflected in the City of Carlsbad’s Administrative Order No. 57, by which the parties will control implementation of the 9/80 schedule. This article shall not be subject to the grievance procedure. Article 33 Flexible Job Sharing Two or more employees may, with the express written approval of the City Manager, the Human Resources Director, and the affected Department Head, participate in a flexible job sharing program. The specifics of such a program shall be determined by the employees and the City on a case by case basis. Prior to implementation of any such program(s), a written agreement setting forth the specifics of the program shall be signed by the affected employees and the City. This article shall not be subject to the grievance procedure. Article 34 Health Insurance/Flexible Benefits Program Employees represented by CCEA will participate in a flexible benefits program that includes medical insurance, dental insurance, vision insurance, and flexible spending accounts (FSAs). Each of these components is outlined below. Nov. 3, 2020 Item #5 Page 112 of 159 A. Medical Insurance A1. Employees represented by CCEA will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the CalPERS Health Program. The City will pay on behalf of all employees covered by this agreement and their eligible dependents and those retirees designated in Section C of this Article, the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees’ Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered through CalPERS. Effective the pay period that includes January 1, 2018, tThe City will contribute the following monthly amounts (called Benefits Credits) on behalf of each active CCEA employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contribution of some or all of the premium for dental coverage or vision coverage and 3) contributions in the name of the employee to the City’s flexible spending account(s):). (a) For employees with “Employee” coverage, the City shall contribute five hundred seventy-three ($573) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City’s total contributions, the employee will pay the difference. (b) For employees with “Employee Plus One” coverage, the City shall contribute one thousand one hundred forty-six ($1,146) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City’s total contributions, the employee will pay the difference. (c) For employees with “Family” coverage, the City shall contribute one thousand five hundred two ($1,502) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City’s total contributions, the employee will pay the difference. A2. Effective the pay period that includes January 1, 2019 2021 and January 1, 20202022, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. A3. Effective the pay period that includes December 31, 20202022, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to a dollar amount that equates to 80% of the average health (medical, dental and vision) premium for Employee, Employee + 1 and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1, 20212023. A4A3. 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) Nov. 3, 2020 Item #5 Page 113 of 159 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. A5A4. All active CCEA-represented employees who work three quarter-time or less will receive prorated Benefits Credits. B. Dental Insurance Represented employees will be eligible to enroll in or waive enrollment in a City-sponsored dental plan at any coverage level. C. Vision Insurance Represented employees will be eligible to enroll in or waive enrollment in a City-sponsored vision insurance plan at any coverage level. D. Retirees Each retired employee who was a member of this bargaining unit is eligible to be covered by the Public Employees’ Medical and Hospital Care Act and is eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Represented employees who retire from the City, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The City will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree’s enrollment in the CalPERS Health Program. Employees who retire from the City, either service or disability, shall be eligible to elect, upon retirement, to participate in the City’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose coverage upon retirement, or who chooses coverage and later drops it is not eligible to return to the City’s dental and vision insurance program. The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. E. Waiver Provision CCEA represented employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City’s medical insurance program, provided they can show that they are covered under another group insurance program. Effective the pay period that includes January 1, 2018, eEmployees who elect the waiver provision will be given a reduced City contribution amount (Benefits Credits) of two hundred eighty-six dollars and fifty cents ($286.50) per month to be used toward the purchase of dental, vision, or accidental death and dismemberment (AD&D) insurance, as Nov. 3, 2020 Item #5 Page 114 of 159 a contribution to a flexible spending account or as cash (reported as taxable income). The City contribution amount of two hundred eighty-six dollars and fifty cents ($286.50) per month will be granted to any employee who elects to waive the CalPERS Health Program, regardless of the employee’s level of coverage (Employee, Employee Plus One, Family). The dollar amount paid by the City for employees who elect the waiver provision will change in the first pay period of calendar year 2019, 20202021, 2022 and in the pay period that includes December 31, 20202022. The Benefits Credits associated with waiving medical coverage will be set equal to 50% of the Benefits Credits associated with Employee medical coverage. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. Article 35 State Short Term Disability Insurance/Family Medical Leave Benefits A. Employees represented by CCEA will be enrolled in the State Disability Insurance (SDI) Program through December 31, 2019. (The City agrees to pay the premium.) On January 1, 2004, the State Disability Insurance Program will provide for paid leave benefits for employees who qualify for family medical leaves of absence. The employee may elect to use accumulated vacation, sick leave or compensatory time off during the seven day elimination period. Employees represented by CCEA shall be entitled to combine accumulated sick leave, vacation leave or comp time with State Disability payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Under no circumstances shall the combination of accumulated leave and State Disability Insurance payments exceed the employee’s pre-disability salary. B. Effective January 1, 2020, the city will discontinue enrollment in the State Disability Insurance program. Effective January 1, 2020, the city agrees to continue to provide short-term disability insurance via an insurance provider. The city agrees to pay the premium. The insurance shall provide for a seven (7) calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees may elect to combine accrued paid time off, except for accrued sick leave, with short-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the short-term disability payments. Nov. 3, 2020 Item #5 Page 115 of 159 C. Transition/Continuation of Benefits for Employees on a Short-Term Disability or Paid Family Leave of Absence as of December 31, 2019 An employee who is on a short-term disability leave of absence (including an intermittent leave) as of December 31, 2019, will be converted to coverage with the city’s new short-term disability insurance provider as of January 1, 2020 without having to repeat the elimination period. An employee who is on a paid family leave of absence as of December 31, 2019 will have their paid family leave benefits converted to those benefits described in Administrative Order No. 84 as of January 1, 2020. In this situation (conversion of a paid family leave that started prior to January 1, 2020 and will continue on or after January 1, 2020), the number of hours of paid family leave for which an employee was paid from SDI in the prior calendar year will count towards the 160 hours per year of paid family leave the employee may receive under the city’s new paid family leave program. A. Employees represented by CCEA will be enrolled in the State Disability Insurance Program. (The City agrees to pay the premium.) B. On January 1, 2004, the State Disability Insurance Program will provide for paid leave benefits for employees who qualify for family medical leaves of absence. The employee may elect to use accumulated vacation, sick leave or compensatory time off during the seven day elimination period. C. Employees represented by CCEA shall be entitled to combine accumulated sick leave, vacation leave or comp time with State Disability payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Under no circumstances shall the combination of accumulated leave and State Disability Insurance payments exceed the employee’s pre-disability salary. Article 36 Long Term Disability Insurance (LTD) During the term of this memorandum, city agrees to continue to provide city-paid long term disability insurance. This insurance shall provide for a ninety (90) calendar day waiting period prior to payment eligibility. The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. Employees shall combine accrued paid time off, except for accrued sick leave, with LTD payments for the purpose of achieving the equivalent of their base salary. Prior to January 1, 2020, long-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $100,000. Effective January 1, 2020, 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. Transition/Continuation of Benefits for Employees on a Long-Term Disability Leave of Absence as of December 31, 2019 Nov. 3, 2020 Item #5 Page 116 of 159 An employee who is on a long-term disability leave of absence (including an intermittent leave) as of December 31, 2019, will be converted to coverage with the city’s new long- term disability insurance provider as of January 1, 2020 without having to repeat the elimination period. During the term of this memorandum, City agrees to continue to provide long term disability insurance. Said insurance shall provide for a ninety (90) calendar day waiting period prior to payment eligibility. Employees represented by CCEA shall be entitled to combine accumulated vacation leave or comp time with LTD payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of nonindustrial disability. Accumulated sick leave may not be combined with LTD payments. Under no circumstances shall the combination of accumulated leave and LTD payments exceed the employee’s pre-disability salary. Article 37 Retirement A. The City has contracted with CalPERS for the following retirement benefits: Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 – The retirement formula shall be 3% @ 60; single highest year final compensation. • Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 – The retirement formula shall be 2% @ 60; three year average final compensation. “New Members” Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits. • Retirement formula shall be 2% @ 62; three year average final compensation. B. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • Miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%). • Miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). Nov. 3, 2020 Item #5 Page 117 of 159 • Miscellaneous employees who meet the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. C. The City will continue to contract with CalPERS for the third level of 1959 Survivors’ Benefit. D. The City shall continue to contract with CalPERS for the military service credit option. The cost of this option is borne entirely by the employee. Payments by the employee to CalPERS are to be arranged by the employee directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the employee may arrange with the City for such payments to be made by means of payroll deduction Article 38 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. It is acknowledged that the City will assist in the administrative set-up of this benefit but that the City has no liability if an employee should default on the repayment of a deferred compensation loan. Article 39 Dispute Resolution Procedure The purpose of this procedure is to provide a single, uniform process for CCEA represented employees to resolve disputes concerning grievances and discipline in an efficient manner and without subsequent discrimination or reprisals. Any time limit provided under this Article may be extended by mutual consent of the parties. 1. Applicability of This Article Grievances and group grievances, as defined in Part 2 of this Article, may be appealed under Parts 2 and 4 of this Article. The following types of discipline may be appealed under Parts 3 and 4 of this Article: suspension of more than one work shift, reduction in pay of more than one work shift, demotion and termination. Any regular CCEA represented employee may appeal a letter of reprimand, suspension of one work shift or less or reduction of pay of one work shift or less to his or her Department Head for a final decision. 2. Grievances A. Individual Grievances A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific Nov. 3, 2020 Item #5 Page 118 of 159 provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: (1) Appeals from formal disciplinary proceeding. (2) Appeals from work performance evaluations. B. Group Grievances Within thirty (30) calendar days after authorized representatives of the employee organization knew or by reasonable diligence should have known of a condition giving rise to a grievance, a group of employees may file a group grievance with the Human Resources Department. CCEA, as an “organization,” may also file a group grievance on behalf of employees if CCEA 1) identifies the employees who are adversely impacted by name and by classification, and 2) specifically identifies how these employees are being adversely affected. (1) The group of employees must file one (1) grievance form which all members of the group have read and signed. Members of the group will be limited to those who have read and signed the initial grievance form. (2) Group grievances shall proceed through all normal grievance processes and be subject to all applicable time limitations as set forth herein. (3) The resolution of a group grievance may not be consistent among employees who filed, read and signed the group grievance due to differences in the circumstances or occurrences that brought about the grievance. C. Informal Resolution Within twenty (20) calendar days after an employee knew or reasonably should have known that he or she has suffered a grievable injury, the employee shall attempt to resolve the grievance by an informal conference with his or her immediate supervisor. Within twenty (20) calendar days after an employee organization knew or reasonably should have known that its members have suffered a grievable injury, it shall attempt to resolve the matter by an informal conference with an appropriate immediate supervisor. The Supervisor shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The immediate supervisor shall give his or her response to the employee or employee organization within twenty (20) calendar days of the informal conference. D. Department Head Review Nov. 3, 2020 Item #5 Page 119 of 159 If a grievance is not informally resolved, within twenty (20) calendar days after receiving the immediate supervisor’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the Department Head. The Department Head shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The Department Head, or his/her designee, shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. E. City Manager Designee’s Review If a grievance is not resolved by the Department Head, within twenty (20) calendar days after receiving the Department Head’s response, the employee or employee organization shall request in writing an opportunity to discuss the grievance with the City Manager’s Designee. The City Manager’s designee shall meet with the employee(s) or organization within ten (10) calendar days of receiving the request for the meeting. The City Manager’s Designee shall give his or her response to the employee or employee organization in writing within twenty (20) calendar days of the meeting. F. Permissible Relief A grievance may only seek to remedy the specific injury caused by a violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. The City’s exercise of management rights is not reviewable under this procedure unless such exercise also violates other provisions(s) of the Memorandum of Understanding and/or the Personnel Rules and Regulations. A grievance is not reviewable if it would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: (1) If it would require the modification of a policy established by the City Council or by law; (2) If it is reviewable under some other administrative procedure and/or rules of the City such as: appeals from formal disciplinary proceedings, appeals from work performance evaluations, etc. (3) If it calls exclusively for relief that cannot be granted such as discipline of other employees or confidential information about other employees. G. Service of Notice A notice that a grievance has been resolved or a notice that a grievance raises a matter that may not be addressed utilizing this procedure shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. Nov. 3, 2020 Item #5 Page 120 of 159 H. Resolved Disputes A grievance is considered resolved under any of the following circumstances: (1) When the City and employee agree to a resolution; (2) When the employee fails to advance the matter to the next step of the administrative procedure in the time specified herein for doing so; (3) When the City has provided the relief sought by the employee that it is legally capable of providing. A grievance that has been resolved does not progress any further through the dispute resolution process. 3. Discipline A. Grounds For Discipline The City has the authority to impose appropriate discipline upon any represented employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, disclosure of non-public, internal and/or confidential, information or dishonesty. (3) Being under the influence of alcohol or intoxicating drugs while on duty. (4) Absence without leave. (5) Criminal conviction having some relevance to the job. (6) Intentionally being discourteous to the public. (7) Unauthorized use of or neglect of City property. (8) Abuse of sick leave. (9) Unauthorized outside employment that constitutes a conflict of interest (10) Acceptance of a gift or gratuity that constitutes a willful conflict of interest. (11) Falsification of any City report or record. (12) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager, or supervisor. (13) Political activities precluded by State or Federal law. (14) Failure to respond to questions or otherwise failure to participate during an investigation conducted by the City or its agents. (15) Other acts that are incompatible with service to the public. B. Pre-Disciplinary Procedure Nov. 3, 2020 Item #5 Page 121 of 159 If a supervisor determines that an employee might be a threat to him or herself, other employees or members of the public, the supervisor may immediately take whatever action is necessary to reduce or eliminate the danger, but the employee shall retain the right to notice and an opportunity to respond to discipline under this Article. Except for any oral or written counseling, warning or reprimand, the Department Head or his/her designee shall advise the employee and the Human Resources Director of contemplated disciplinary action in a written Notice of Intended Discipline including a description of the misconduct, the grounds for discipline, and the employee’s right to respond within seven (7) calendar days after the date of the Notice of Intended Discipline and prior to the discipline being imposed. If the employee elects to respond, he or she may have a representative and meet informally with the City Manager’s designee, without the right to bring witnesses or present a formal case. Within seven (7) calendar days of the employee’s response or failure to respond in a timely manner, the City Manager’s designee shall advise the employee in writing whether the proposed discipline, modified discipline or no discipline is being imposed. Any discipline will be announced in a written Notice of Discipline including a description of the misconduct, the grounds for discipline and the right to appeal the discipline using the administrative procedure under Part 4 of this Article. C. Service of Notice A Notice of Intended Discipline or a Notice of Discipline shall be served upon the employee via e-mail (work and personal, if known). If receipt of the e-mail notice is not confirmed, the notice shall be served upon the employee in person or by registered mail, and whenever possible the employee shall acknowledge service by signing the receipt. 4. Administrative Procedure An employee may have both a legal representative of his or her choosing and a CCEA representative of his or her choosing at any step of this administrative procedure. This representative may at the employee’s option be provided by an employee organization. If the representative is a City employee, the employee seeking the representative shall notify the representative’s immediate supervisor and the City’s Human Resources Department in writing and the supervisor shall make the necessary arrangements for the representative to be present at any hearing. A. Step One - Filing an Appeal If a grievance is not formally resolved or an employee seeks to appeal a suspension of more than one work shift, reduction in pay of more than one work shift, demotion or termination, within ten (10) calendar days of receiving the City Manager designee’s response to the grievance or the Notice of Discipline, the employee or employee organization may file with the Human Resources Director an application for an advisory hearing. B. Step Two - Administrative Hearing Nov. 3, 2020 Item #5 Page 122 of 159 (1) Hearing Procedure If the matter is subject to an advisory hearing, the City shall arrange if practicable for the matter to be heard by a hearing officer within one hundred twenty (120) calendar days of the date of the filing of the appeal with the Human Resources Director. The hearing shall be scheduled for a time that is mutually convenient to the parties and the hearing officer. The advisory hearing shall be closed unless the employee or the employee organization request that it be open to the public. In the case of an appeal of a grievance, the parties shall equally bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. In the case of an appeal of disciplinary action, the City shall bear the costs of the mandatory court reporter, transcripts, hearing officer and facilities. Each party shall bear its own witness fees, attorney fees and exhibit costs. The advisory hearing shall be limited to arguments, witness testimony and exhibits offered by the parties. The hearing shall proceed according to an Administrative Order regarding Rules of Procedure for Personnel Meetings and Hearings. Such an Administrative Order will replace Personnel Board Resolution 19 to reflect that the Personnel Board is being replaced by a hearing officer in matters of grievance and discipline. (2) Hearing Officer The employee or employee organization and the City may agree that the advisory hearing will be conducted before a hearing officer mutually selected by the parties from a list of hearing officers provided by a neutral third party. The selection of a hearing officer will include a review of his/her background and qualifications which will include experience as a labor attorney and/or mediator and/or arbitrator affiliated with American Arbitration Association, State of California Mediation and Conciliation Service or Judicial Arbitration Mediation Services (JAMS). (3) Permissible Relief In the case of a grievance appeal, the hearing officer may only recommend that the relief initially sought by the employee or employee organization be granted or that the position of the City should be upheld. In the case of disciplinary appeals, the hearing officer may recommend either that the discipline imposed by the City be upheld, that a lesser discipline be imposed, or that no discipline be imposed. The advisory findings and recommendation of the hearing officer shall be provided to the employee or employee organization. Nov. 3, 2020 Item #5 Page 123 of 159 C. Step Three- Final Determination The advisory findings and recommendation, hearing transcript and exhibits concerning a grievance or a disciplinary appeal shall be transmitted as soon as reasonably possible to the City Manager for a final determination. The City Manager, or his/her designee, may allow, at his or her discretion, limited oral arguments and/or written statements from either side. Within thirty (30) calendar days of receiving all applicable documents or hearing the oral arguments of the parties, whichever is later, the City Manager or his/her designee shall make a final and conclusive written decision. (1) For grievances, the City Manager, or his/her designee, shall either reject the grievance or uphold the grievance and provide a remedy selected by the City Manager, or his/her designee. (2) For disciplinary appeals, the City Manager, or his/her designee, shall make a final and conclusive written decision to uphold, modify or reject the discipline. D. Post-Hearing Procedure The provisions of California Code of Civil Procedure Section 1094.6 shall apply to the final determination of the City Manager. Article 40 Alcohol and Drug Policy I. POLICY It is the policy of the City of Carlsbad to provide, for its employees, a work environment free from the effects of drugs and alcohol consistent with applicable State and Federal law. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services Administration (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where City-assigned work is performed, including City premises, City vehicles or other premises or vehicles, while City-assigned work is being conducted, or within a reasonable time thereafter. Nov. 3, 2020 Item #5 Page 124 of 159 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 are required to notify their supervisors when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), which they have been informed by a medical provider may interfere with safe or effective performance of their duties or operation of City equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to City employment may result in disciplinary action up to and including termination if there is relevant nexus between such off-duty involvement and the employee’s employment with the City, consistent with the legal requirements for disciplinary due process. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the City reserves the right to search, with or without prior notice to the employee, all work areas and property in which the City maintains full or joint control with the employee, including but not limited to City vehicles, desks, lockers, file Nov. 3, 2020 Item #5 Page 125 of 159 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. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. Nothing herein shall prevent the City from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. After receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. 2. Persons whose results are positive for either illegal drugs or alcohol will be rejected for City employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the City has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the City's discretion, this analysis may be in the form of "breathalizer," urine, or blood analysis. c. An employee may also be required to remain on the premises for a reasonable time until arrangements can be made to transport the employee to his or her home. Nov. 3, 2020 Item #5 Page 126 of 159 2. Some examples of “reasonable suspicion” as defined in Section 1.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; d. an accident involving City property having no obvious causal explanation other than possible employee responsibility; e. physical or verbal behaviors that are disruptive, non-responsive, unusual for that employee or otherwise inappropriate to the workplace situation; f. attributable possession of alcohol or drugs; g. information obtained from a reliable person with personal knowledge that would lead a reasonably prudent supervisor to believe that an employee is under the influence of alcohol or drugs; 3. Refusal to remain on the premises or to submit to a drug and alcohol analysis when requested to do so by City management or by law enforcement officers shall constitute insubordination and shall be grounds for discipline, up to and including termination. 4. A drug and alcohol analysis may test for the presence of any drug which could impair an employee's ability to effectively and safely perform the functions of his or her job. 5. A positive result from a drug and alcohol analysis may result in disciplinary action, up to and including termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. III. EMPLOYEE ASSISTANCE PROGRAM A. The City has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the City wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. Nov. 3, 2020 Item #5 Page 127 of 159 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 41 Access to Information The City will make available to CCEA such non-confidential information pertaining to employment relations as is contained in the public records of the City, subject to the limitations and conditions set forth in this article and Government Code Section 6250-6260. Such information shall be made available during regular office hours in accordance with the City’s rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to CCEA includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this article shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Nothing in this article shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigation to which the City is a party, or to claims or appeals which have not been settled. Article 42 Communications The parties agree to continue meeting at least once each month during the term of the agreement for the purpose of continuing communications on subjects of mutual concern. Article 43 Legal Representation Upon request of an employee and subject to any limitations provided by law, the City will provide for the defense of any civil action or proceeding initiated against the employee by a person or entity other than the City in a court of competent jurisdiction, on account of any act Nov. 3, 2020 Item #5 Page 128 of 159 or omission occurring within the course and scope of his/her employment as an employee of the City. Nothing herein shall be deemed to require the provision of such defense where the discretion to provide or not provide such defense is vested in the City pursuant to the provisions of the California Government Code, or where the act or omission was not within the scope of the employee’s employment, or the employee acted or failed to act because of actual fraud, corruption or actual malice, or where the provision of such defense would create a conflict of interest between the City and the employee. Nothing herein shall be construed to grant to any employee any right or privilege in addition to those provided in the said Government Code. Article 44 Layoff Layoff: The City may layoff an employee in the merit service because of material change in duties or organization or shortage of work and funds. The City will use its best efforts to give the employees as much notice as possible with a minimum of fourteen (14) calendar days prior to the effective date of a layoff. The appointing authority or designee shall notify the Human Resources Director of the intended action with reasons therefore. A copy of such notice shall be given the employee affected and CCEA. The name of the employee laid off shall be placed on the appropriate reemployment list as provided by these rules. Reduction in Force Procedures: The following procedures will apply to all probationary and permanent employees in the event of a reduction in the City work force. (a) City Service Seniority: City Service Seniority shall be determined as the period of total continuous service with the City as measured from the date of original appointment. This shall include periods of authorized leaves of absence. (b) Order of Reduction in Force: Whenever there is a reduction in force employees shall be selected for layoffs in the following order: (1) hourly and temporary employees in the affected classification series; (2) provisional and limited term employees in reverse order of their City Service Seniority in the affected classification series; (3) City probationary employees in reverse order of their City Service Seniority in the affected classification series; (4) and regular employees in reverse order of their City Service Seniority in the affected classification. (c) Reduction in Force - Demotion: Whenever there is a reduction in the work force in which one or more employees in a classification has been identified for layoff, the City shall demote the employee in that classification with the highest City Service Seniority to a vacancy. The employee identified for demotion to the vacant classification must have previously served in that classification and be determined to be currently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. (d) Notification: Whenever there is a reduction in the work force requiring layoff, the City shall send written notice to the last known address of each employee affected by a layoff with copy to Nov. 3, 2020 Item #5 Page 129 of 159 CCEA. The notice shall include the (1) reason for layoff, (2) classes to which the employee may demote within the City, if any, (3) effective date of action, (4) conditions governing retention on and reinstatement from reemployment lists, and (5) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. (e) Determining Order of Layoff and Demotion for Employees With Identical City Service Seniority: Should two or more employees have identical City Service Seniority, the order of layoff and demotion will be determined by the Human Resources Director who will use randomizing software to determine seniority. (f) Transfer: All effort will be made by the City to transfer any employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. (g) Order and Method of Demotion Pursuant to a Reduction in Force--Bumping: When required due to a reduction in force, employees shall be demoted in the following manner: (1) Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser City Service Seniority in that lower classification. (2) Employees who have not actually held status in a lower classification shall be allowed to demote to a vacant position or to a position held by a City probationary employee in such lower class, but may not bump regular City employees already in that lower classification. (h) Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in force shall have their names placed on a reinstatement list, in order of their City Service Seniority. Vacant positions in which an employee has served within a classification series shall first be offered to employees on this list. (i) Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent City status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their City Service Seniority. Vacant positions in such classifications will be offered to eligible individuals on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. (j) Duration of Reinstatement and Reemployment Lists: The eligibility of individuals on the reinstatement and reemployment list shall extend for a period of two years from the date of demotion or layoff. Eligible individuals not responding to written notification of an opening after fourteen (14) calendar days shall have their names removed from either the reemployment or reinstatement list. (k) Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: Nov. 3, 2020 Item #5 Page 130 of 159 (1) Prior sick leave accruals. (2) City Service Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. (3) The salary paid to an employee who is reemployed shall be equivalent to the salary paid at the time of layoff. If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which he/she was laid off, then salary placement will be equivalent to the salary paid at the time of layoff, or at the top of the salary range of the lower classification as reflected in the current effective salary plan at the time of reemployment, whichever is lower. (l) Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff. The sick leave accruals of such employee will remain on the books and will be reinstated if they are reappointed. (m) Retirement Contribution: The disposition of the retirement contributions of a laid off employee shall be governed by the provisions of the State of California Public Employees’ Retirement Law as contained in the Government Code. (n) Severance: CCEA represented employees involuntarily separated from the City service due to layoff shall receive the equivalent of three (3) months’ base salary, computed at the employee’s actual salary at the time of separation, provided that the employee who was involuntarily separated enters into, executes, and does not rescind or revoke the Separation Agreement and General Release, attached hereto as Attachment F D and incorporated herein. The Separation Agreement and General Release is not subject to negotiation, either individually or collectively. Article 45 Carlsbad Municipal Water District 1. Effective February 17, 1992, employees of the Carlsbad Municipal Water District (“CMWD”) shall become employees of the City of Carlsbad (“City”). Each CMWD employee shall retain his/her CMWD classification, salary range, salary anniversary date, and seniority date upon becoming a City employee. Each employee’s job title and salary range shall be subject to future modification upon completion of a City classification and compensation study. In no instance shall an employee’s salary be reduced as a result of the City classification and compensation study. 2. Effective February 17, 1992, each CMWD employee shall be subject to the City’s personnel system as established by the municipal code, the personnel rules and regulations, administrative orders, the applicable memorandum of understanding, and other applicable ordinances, resolutions, and rules and regulations dealing with personnel and employer-employee relations. 3. Effective February 17, 1992, each CMWD employee shall be subject to the work rules and operations rules of the City. Nov. 3, 2020 Item #5 Page 131 of 159 4. Notwithstanding paragraph 2 above, each CMWD employee shall retain the benefits granted to CMWD employees as outlined in Attachment B (attached). 5. Unless specifically set forth in paragraph 4 above, all other fringe benefits shall be the same as those for City employees in the appropriate bargaining units as of February 17, 1992. 6. Employees hired on or after February 17, 1992, into the water operation shall not be eligible for those benefits set forth in paragraph 4 above. 7. Employees who terminate service with the City (by reason other than lay off) shall not be eligible for the benefits set forth in paragraph 4 above upon reinstatement to the City. 8. Employees in classifications covered by this provision are listed in Attachment A. 9. No current City employees will be laid off as a result of assimilation of CMWD employees. 10. Former CMWD employees will be in the bargaining unit represented by CCEA. Article 46 45 Full Understanding, Modification, & Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Article 47 46 Provisions of Law It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. Article 48 47 Retention of Benefits Nov. 3, 2020 Item #5 Page 132 of 159 The employees of the City of Carlsbad shall retain all present benefits as set forth in this Memorandum for the term of this agreement, except as amended by this Memorandum, or unless modified after exhausting the meet and confer process. Article 49 48 Non-discrimination Clause No person shall in any way be favored or discriminated against, by either the City or the Association, to the extent prohibited by law because of actual or perceived political opinion or affiliation, race, color, religion, gender, sexual orientation, marital status, age, national origin, veteran status, medical condition or physical or mental disability. In addition, no person shall be favored or discriminated against because of his/her association with someone who has or is perceived to have any characteristics of being in one of these classes of people. This affects decisions including, but not limited to, an employee’s compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer and other privileges of employment. The City is committed to providing ongoing training to all employees on the subjects of equal employment, non-discrimination and cultural awareness. Article 50 49 Americans With Disabilities Act The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this Memorandum of Understanding so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this Memorandum of Understanding. Article 51 50 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits All CCEA-represented employees shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. Effective January 1, 2020, all CCEA-represented employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 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. All CCEA-represented employees shall receive City paid life insurance in an amount equal to one times their basic yearly earnings. To determine the benefit, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. Nov. 3, 2020 Item #5 Page 133 of 159 The City provides various voluntary benefits available at the employee’s cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440. Article 52 51 Special Housing Facilities The City maintains a residence at the Maerkle Reservoir, Dam, Treatment Facility and Site. The employee assigned the duty of Maerkle Facilities Steward is tasked with maintaining a safe, legally compliant facility and ensuring the security of City facilities. A detailed description of the conditions that apply to this assignment are outlined in Attachment EC. 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the City. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. 3. Responsibilities Nov. 3, 2020 Item #5 Page 134 of 159 The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response – Notification – Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations Supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City and communicated to the Steward in writing with sixty (60) calendar days advance notice of any changes. The City shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. 5. Term Nov. 3, 2020 Item #5 Page 135 of 159 The City maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City’s discretion and the City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with the Water Operations Supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. Article 53 52 Contracting Out Work 1. The City has the right to contract out any or all of the services currently being performed by CCEA represented classifications or that could be performed by CCEA represented classifications to any one or more public or private entities or individuals. 2. Prior to contracting out the services referenced in item number 1 above, the City shall first satisfy its obligation to meet and confer with CCEA regarding both the decision and effects of contracting out those services 3. CREATION OF A REQUEST FOR PROPOSAL (“RFP”) a. CCEA may appoint up to two (2) of its members to attend a meeting with City staff responsible for the creation of an RFP for the purpose of providing input to the City regarding the creation of the RFP for contracting out the services referenced in item number 1 above. This first meeting shall occur prior to the RFP being prepared by City staff. b. After the draft RFP is completed by City staff, a copy of the RFP shall be forwarded to the CCEA appointees by email and a subsequent meeting shall be scheduled, which shall take place within seven (7) calendar days from the date the RFP is received by the CCEA appointees. The purpose of the meeting is for CCEA appointees to meet with the City staff responsible for preparing the RFP in order to discuss the RFP and ask questions as necessary. Additional meetings may be scheduled if mutually agreeable. Following conclusion of the meeting(s), CCEA’s appointees may provide written feedback/suggestions regarding the RFP for the consideration of City staff prior to it being finalized and sent to any potential contractors. CCEA’s feedback/suggestions shall be forwarded to City staff responsible for the creation of the RFP by email within seven (7) calendar days from the date of conclusion of these meetings. c. Prior to distribution of the RFP to potential contractors, the City shall provide the CCEA appointees with the final version of the RFP. d. Neither CCEA nor its appointees shall have veto power over any City decision related to the contents of an RFP or the RFP process. Nov. 3, 2020 Item #5 Page 136 of 159 e. Neither CCEA nor its appointees may use the appointees’ involvement in the RFP process to delay the RFP process f. CCEA’s appointees shall sign confidentiality agreements, as agreed to by the City and CCEA, prior to receiving any information related to an RFP 4. MEET AND CONFER PROCESS a. The City may send RFPs created following the procedure outlined in item number 3 above to potential contractors prior to engaging in the meet and confer process with CCEA. b. After the City receives responses to the RFP, the City Council or designee shall determine whether to pursue contracting out of those services that are the subject of the RFP. c. In the event that the City Council or designee decides to pursue contracting out of any or all of the services that are the subject of the RFP, the City’s negotiating team will make a proposal in writing to CCEA to contract out those services and will provide a copy of the leading proposal to CCEA along with its proposal. d. After reviewing the City’s proposal, CCEA may request in writing to meet and confer over the decision to contract out services and/or the effects of that decision no later than fourteen (14) calendar days from the date of CCEA’s receipt of the City’s proposal. The first meeting of the meet and confer process shall be scheduled within fourteen (14) calendar days of CCEA’s written request. If CCEA requests to meet and confer over both the decision and effects, decision and effects negotiations shall take place simultaneously. It is understood by the parties that the meet and confer process is not required to be completed in one single meeting. e. The negotiations over the decision and/or effects shall be subject to combined impasse procedures. 5. CITY COUNCIL DECISION a. After the meet and confer process has concluded by either reaching agreement or exhausting impasse procedures, the City Council will make its final decision on whether to contract out those services subject to the RFP. Article 54 53 Pay Ranges Each City of Carlsbad job classification is assigned to a specific pay range. An employee may be paid anywhere in the pay range associated with their job classification. Any non-probationary employee may be advanced in the pay range regardless of the length of time served at the employee’s present pay rate. This advancement requires the written Nov. 3, 2020 Item #5 Page 137 of 159 recommendation of the employee’s manager and the approval of the employee’s department head and City Manager. If, as a result of a pay range adjustment, an employee’s base salary falls below the minimum of the pay range, the employee’s salary will be increased to the new range minimum as of the date City Council approves the pay range adjustment. Periodically the Human Resources Department will bring forth salary range movement recommendations to City Council that are based on market and economic conditions, and may include one or more salary ranges. CCEA and the City agree that the City will negotiate salary range movements. Effective January 1, 2019 all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). Effective January 1, 2020 all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). Effective January 1, 2021, the pay ranges of the following classifications will be assigned to the new pay range shown in the table below. Classification Current Range New Range Aquatics Maintenance Supervisor 63 65 Aquatics Specialist 50 52 Building Inspector I 55 56 Building Inspector II 70 71 Circulation Supervisor 37 42 Community Outreach Supervisor 58 63 Cross Connection Control Technician 67 80 Deputy City Clerk 58 67 Housing Specialist I 48 58 Housing Specialist II 63 73 Human Resources Technician 42 49 Lead Librarian 63 65 Librarian 55 57 Park Planner 85 91 Records Technician 23 31 Recreation Assistant 10 12 Recreation Specialist 30 32 Nov. 3, 2020 Item #5 Page 138 of 159 Records Supervisor 65 71 Sanitation System Operator I 56 79 Sanitation System Operator II 65 88 Sanitation System Operator III 80 103 SCADA Technician 92 103 Senior Building Inspector 85 86 Senior Circulation Supervisor 50 55 Senior Cross Connection Control Technician 77 90 Senior Deputy City Clerk 68 77 Senior Human Resources Technician 52 59 Senior Librarian 73 75 Senior Storm Drain Maintenance Worker 58 72 Storm Drain Maintenance Worker 44 58 Utility Maint. Worker III 54 68 Utility Worker I 40 54 Utility Worker II 52 66 Utility Worker III 63 77 Valve Maintenance Worker 54 68 Water Systems Operator I 67 79 Water Systems Operator II 77 89 Water Systems Operator III 87 99 Effective January 1, 2021, all CCEA pay ranges will be increased by 2%. Effective January 1, 2022, all CCEA pay ranges will be increased by a percentage equal to the West Urban CPI-U percentage increase (the index using all items from October to October), with the minimum increase equal to one half percent (0.5%) and the maximum increase equal to three percent (3%). Article 55 54 Survey Market In keeping with the City Council’s philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for CCEA. 1. City of Chula Vista 2. City of Coronado 3. City of Del Mar 4. City of El Cajon 5. City of Encinitas 6. City of Escondido 7. City of Imperial Beach 8. City of La Mesa 9. City of National City 10. City of Oceanside 11. City of Poway Nov. 3, 2020 Item #5 Page 139 of 159 12. City of San Marcos 13. City of Solana Beach 14. City of San Diego 15. City of Santee 16. City of Vista 17. County of San Diego The seven (7) agencies listed below will also be considered in the survey market for the job classifications of: • Cross Connection Control Technician, • Senior Cross Connection Control Technician, • Sanitation Systems Operator I/II/III, • SCADA Technician, • Utility Worker I/II/III, • Waste Water Utility Worker I/II/III and • Water Systems Operator I/II/III. 1. Encina Wastewater Authority 2. Helix Water District 3. Olivenhain Municipal Water District 4. Otay Water District 5. Padre Dam Municipal Water District 6. Vallecitos Water District 7. Vista Irrigation District Article 56 55 Reopener At any time during the term of the MOU, after CalPERS announces their actual rate of return for the prior fiscal year, if the CalPERS “discount rate” (i.e., actual rate of return) is less than the expected rate of return, either party may reopen negotiations to discuss pension liability and the sustainability of the cost of CalPERS retirement. Article 57 56 Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all CCEA-represented employees will be eligible for 160 hours per year of paid family leave to care for an immediate family member or bond with a new child. Article 58 57 Confined Space Pay Employees classified as Sanitation System Operators and Wastewater Utility Workers must routinely and consistently make permit-required entries into confined spaces which Cal-OSHA characterizes as (1) containing or having a potential to contain a hazardous atmosphere; (2) containing a material that has the potential for engulfing an entrant; (3) having an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross section; or (4) containing any other recognized serious safety or health hazard. For performing these activities, employees in Nov. 3, 2020 Item #5 Page 140 of 159 these classifications shall receive pay equal to five percent (5%) of the employees’ base salary as special compensation that is reportable to CalPERS. Nov. 3, 2020 Item #5 Page 141 of 159 IN THE WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute the Memorandum of Understanding the day, month, and year noted below. City of Carlsbad KEVIN CRAWFORDSCOTT CHADWICK, City Manager Date Approved as to form: CELIA BREWER, City Attorney Date Carlsbad City Employees’ Association TYE GILLESPIEHALLIE THOMPSON, President, CCEA Date Nov. 3, 2020 Item #5 Page 142 of 159 ATTACHMENT B BENEFITS RETAINED BY CMWD EMPLOYEES A. Health Insurance The City will provide employees and dependents with a choice of ACWA-Blue Cross Prudent Buyer, ACWA-California Care, or ACWA-Kaiser health insurance. The City will provide any of the ACWA policies at no cost to the employee. During the month of July 1992, the City shall hold an open enrollment for the City’s health, dental, and vision insurance programs. If an employee elects to enroll in the City’s health, dental and/or vision insurance program(s), he/she is not eligible to return to the current plan(s) as set forth above and below, and thereafter may only participate in City sponsored plan(s). B. Health Insurance for Retirees The City will pay, after retirement of an employee, premiums for existing medical coverage provided the employee has met the following requirements: 1. Voluntarily retired after the age of 50 with no less than five years of service, and whose age combined with years of service equals 70 or more; or 2. Retired by having reached the mandatory retirement age established under the State of California Public Employees’ Retirement System with no less than five years of service. Medical coverage for the Retiree will be coordinated with Medicare and other benefits provided by federal and state law, and will thereby be reduced when the Retiree qualifies for those benefits. Medical coverage for the spouse and dependents of a Retiree will be coordinated with Medicare and other benefits provided by federal and state law, and will thereby be reduced when the spouse qualifies for those benefits. Upon death of the Retiree, health insurance coverage for the spouse and dependents will be continued, provided the spouse keeps the City informed of his/her name, address and marital status. In the event such spouse remarries, his or her eligibility for such coverage ceases immediately and shall be terminated. As used herein, “spouse” shall mean the spouse of the employee at the time of the employee’s retirement. If the Retiree divorces, neither his/her new spouse nor his/her former spouse will be eligible for coverage and it shall cease immediately and be terminated. The former spouse would only be eligible for continued health care coverage at his or her expense as required under federal law. Nov. 3, 2020 Item #5 Page 143 of 159 C. Dental Insurance The City shall provide employees and dependents with a dental plan (Delta Care, Group No. 2692 or Delta Dental, Group No. 399-0139), including orthodontia coverage for dependent children only, at no cost to the employee. D. Eye Care Plan The City will provide employees and dependents with an eye care plan (VSP, Plan C, Group No. 228049 A-R). The plan will provide a reasonable amount of coverage at no cost to the employee. E. Life Insurance The City will provide the employee a group term life insurance policy (American Bankers Life Assurance Company of Florida, Plan No. 0670), which will provide protection of 1 x annual pay, up to a maximum of $50,000 at no cost to the employee. The City also provides Term Life Insurance and AD&D of $9,000. F. Deferred Compensation The City has established a Deferred Compensation Plan which employees may voluntarily participate in. The City shall match employee contributions up to a maximum of 7.5% of an employee’s bi-weekly earnings. G. Overtime Overtime shall be defined as work performed before or after the regularly scheduled work day or work week. Work in addition to the regularly scheduled work day shall be paid at the rate of time and one-half of an employee’s pay. In addition, all hours worked on Sundays and holidays shall be paid at double time. H. Standby Two employees shall be on standby at all times. Each such employee shall remain on standby for a one week period and shall receive $30 per day for each day on standby assignment. The employee shall be compensated in the normal manner for any work performed. Standby shall not be regarded as call back work. I. Vacation Vacation accrual can be used in 15 minute increments. Accruals will be calculated daily. 1. Earnings Rates After completion of 20 years of continuous service, an employee will be granted vacation at the rate of 33 minutes per day. Nov. 3, 2020 Item #5 Page 144 of 159 2. Carryover of Unused Vacation Hours Vacation time accumulation as of January 1 each year may be permitted as follows: Employees with 20 or more years of service - 400 hours Effective January 1 of each year, vacation time in excess of the above-mentioned hours will be eliminated. J. Sick Leave Buyback 1. An employee has the option of selling back to the City 100% of any accumulated sick leave in excess of 250 hours. 2. The City, at its discretion, may purchase any accumulated sick leave from an employee. K. Sick Leave at Termination 1. Retirement Upon retirement in accordance with either the voluntary service or compulsory service retirement provisions of CalPERS, an employee will receive 50% of all accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. 2. Death Upon an employee’s death, while still employed, all compensation due an employee will be paid to his/her designated beneficiary. Compensation for all accumulated vacation time, 50% of all sick leave up to 250 hours, and 100% of sick leave in excess of 250 hours shall also be made. 3. Discharge The Department Head shall notify any such employees of discharge in writing. All such discharged employees shall be entitled to any normal compensation due, and shall receive all accumulated vacation time due. If employed at least one year, an employee will receive 50% of all accumulated sick leave up to 250 hours and 100% of any sick leave in excess of 250 hours. 4. Lay Off Layoffs may be required due to lack of work, a decrease in or loss of funds, or changing position requirements. Should layoffs be required, they will be implemented by considering an employee’s proficiency, productivity, length of Nov. 3, 2020 Item #5 Page 145 of 159 employment, attendance, and reliability. Such employees shall receive two weeks written notice of layoff. When layoff is anticipated to exceed 14 days duration, the following shall apply: An employee will be paid all accumulated vacation pay due. If employed at least one year, an employee will receive 50% of all accumulated sick leave in excess of 250 hours to be reimbursable at 100%. 5. Resignation Employment may be terminated at will by an employee. If an employee wishes to resign, the City desires a two (2) week notice in writing. All accumulated vacation pay and sick leave compensation will be paid upon resignation. If employed at least one year, an employee will receive 50% of all accumulated sick leave up to 250 hours. Any accumulated sick leave in excess of 250 hours shall be reimbursable at 100%. L. Long-Term Disability Long-term disability benefits shall be provided at 66-2/3% of pay, with a minimum monthly benefit of $50 and maximum benefit of $2,500. M. Special Merit for Education The City will continue a special merit award system to mutually benefit employees and the City by stimulating and rewarding employees for educational accomplishments. This program recognizes accomplishments in terms of operator certification according to the following: Grade Amount One $ 150 Two $ 300 Three $ 500 Four $1,000 The decision to grant this lump-sum award shall be made by an employee’s supervisor, with approval by the Department Head. This is a one-time award granted after obtaining the above certificate(s). N. Non-Eligibility An employee shall not be eligible for the following benefits provided by the City: 1. Compensatory time off accrual as set forth in Article 15, Section 4 of the MOU with CCEA. An employee shall be eligible to accrue no more than 40 hours of such compensatory time. 2. State disability insurance as provided by the State of California, Article 35 of the MOU with CCEA. Nov. 3, 2020 Item #5 Page 146 of 159 ATTACHMENT CB COMPENSATION AND BENEFITS SUMMARY – CCEA REPRESENTED EMPLOYEES WORKING A REDUCED FTE SCHEDULE For CCEA-represented employees working a reduced FTE schedule (ex. 0.75 FTE or job sharing 0.5 FTE) pro-rated benefits are calculated based on 75% and 50% of the full benefits and will be applied respectively. The standard 0.75 FTE work schedule is 30 hours per week. The standard 0.5 job sharing FTE work schedule is 20 hours per week. If one part of a job-share position becomes vacant, the remaining incumbent must convert to full-time until another job-share partner is found. COMPENSATION: Employees on a reduced FTE schedule will be compensated at an hourly rate based on the current salary schedule. Salary will be calculated based on the number of actual hours worked and salary earned. Overtime Employees will be paid overtime after working in excess of 40 hours a week. Extra shifts worked beyond the regular work assignment, up to 40 hours in a week are paid at straight time in accordance with the Fair Labor Standards Act (FLSA). The regular work week should not exceed 30 hours per week for 75% time positions or 20 hours per week for 50% time positions. If there are occasional extra hours worked, the time should be reported appropriately to payroll as extra hours. Extra hours should not be a continual or regular practice and may result in jeopardizing the reduced FTE schedule. Bilingual Pay Employees working a reduced FTE schedule who are eligible for Bilingual Pay will receive an amount that is prorated by the appropriate reduced FTE percentage. BENEFITS: Health Insurance Deductions Employees working a reduced FTE schedule are eligible to participate in the same health insurance programs as full-time employees. Employees working a reduced FTE schedule may select one of the City’s medical plans and will be enrolled as an employee with full benefit coverage. Because reduced FTE employees work fewer hours per pay period, they will be eligible for a prorated percentage of the benefits credits for which full time employees are eligible. (Refer to benefit rate sheets.) Leave Accruals • SICK LEAVE: Accrued at appropriate prorated percentage of the full-time accrual rate. Nov. 3, 2020 Item #5 Page 147 of 159 • VACATION: Accrued at appropriate prorated percentage of the full-time accrual rate. • HOLIDAY PAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid for 0.5 FTE employees. City posted Holiday Schedule applies. If a Holiday falls on a day the employee is NOT normally scheduled to work, the employee will agree with his/her supervisor when to take a regularly scheduled work shift in that same pay period as a Holiday. • FLOATING HOLIDAY: 6.0 hours per Holiday paid for 0.75 FTE employees. 4.0 hours per Holiday paid for 0.5 FTE employees. An employee whose scheduled shift duration exceeds the hours of Holiday pay could get approval from their supervisor to work extra hours in the pay period in which a Holiday falls to make up for the reduced number of hours paid for the Holiday. An employee may also choose to take hours without pay that period for hours lost due to reduced Holiday pay. It is NOT required to use leave balances to make up for the fewer hours paid on a Holiday. However, on a non-Holiday, if an employee leaves early or takes time off accrued leave balances must be exhausted prior to taking leave without pay. PERS Service Credit Future retirement benefit and employee contributions (made by the City) are adjusted for lesser earnings. A full time employee receives one year of service credit for every ten or more months of full time employment during the fiscal year. A 75% time employee is credited with .90 of a year (.75 x .100 year credit x 12 months) for one year of 75% time employment. A 50% employee is credited with .60 of a year (.5 x .100 year credit x 12 months) for one year of 50% employment. Long Term Disability The City pays the premium based on actual earnings. State Disability Insurance The City pays the premium based on actual earnings. Any future potential benefit may be reduced, as SDI looks at quarterly wages reported for a 12 month period beginning roughly 18 months before the date of disability. Life Insurance and Supplemental Life Insurance The benefit is based on regular base salary. Employee Computer Purchase Program Employees on a 0.5 FTE schedule are not eligible to establish a computer purchase loan. Employee Education Program Employees on a 0.5 FTE schedule are not eligible for tuition reimbursement. I understand and agree to the reduced FTE terms outlined above and agree to the terms and conditions set forth in this document. Nov. 3, 2020 Item #5 Page 148 of 159 I understand that I will be in a Reduced FTE time status 0.75 0.5 from _________________ to _________________. _______________________________________________ Employee (Print Name) Employee Signature Date Nov. 3, 2020 Item #5 Page 149 of 159 ATTACHMENT DC MAERKLE RESERVOIR, DAM, TREATMENT FACILITY AND SITE STEWARD REQUIREMENTS, RESPONSIBILITIES AND AGREEMENT TO TERMS OF ASSIGNMENT Per the Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad City Employees’ Association (CCEA), I, ________________________________ am accepting the assignment of the Maerkle Facilities Steward and acknowledging the following requirements, responsibilities and terms of the assignment: 1. Employee Status The employee assigned as the Maerkle Facilities Steward shall be a full-time permanent employee of the City. 2. Priority of Assignments In the event of a vacancy in the Maerkle Facilities Steward assignment, the assignment shall be offered to qualified current CCEA employees in the Water Operations Division of the Utilities Department based on their seniority in the Water Operations Division. In order to be considered qualified for the assignment, the employee must have a minimum of one year of service in the City’s Water Operations Division. In addition, the employee must not be on a Performance Improvement Plan (PIP), and must be fully competent in facility operations, recordkeeping, emergency response procedures and be in compliance with the following regulations governed by these respective agencies: a. Cal-OSHA’s California Code of Regulations, Title 8, section 5189, Process Safety Management (PSM) of Highly Hazardous Materials. b. Federal EPA’s Code of Federal Regulations, Title 40, Part 68, Accidental Release Prevention Requirements: Risk Management Programs (RMP) Clean Air Act Section 112(r), Program 3 requirements. c. California Office of Emergency Services, California Code of Regulations, Title 19, Division 2, Chapter 4.5, California Accidental Release Prevention (CalARP) Program. d. County of San Diego, Department of Environmental Health, Hazardous Materials Division, Hazardous Materials Business Plan. e. California Health and Safety Code, Section 25531 through 25534. f. State of California, Department of Water Resources, Division of Safety of Dams. g. Must possess a current CDPH issued Distribution Operator Grade D-3 and Treatment Operator Grade T-1 per CDPH “shift operator” requirements. The employee must remain qualified throughout the assignment. Under no circumstances will the duties of the Maerkle Facilities Steward be assigned to an employee that does not comply with the regulations as outlined above. Nov. 3, 2020 Item #5 Page 150 of 159 3. Responsibilities The Steward shall be responsible for performing the following duties: A. Safety a. Maintain on site compliance with PSM/RMP program and Hazardous Materials Business Plan b. Immediately report any observed non-compliance issues with the PSM/RMP Program or Hazardous Materials Business Plan c. Ensure the residence, property and facilities are kept in a safe condition B. Emergency Response – Notification – Documentation a. Respond to emergency situations to include the chlorination facilities per PSM/RMP requirements b. Provide timely and proper notification c. Provide timely and proper documentation d. Assist duty operator with onsite problems C. Operations and Maintenance a. Make occasional chlorine adjustments, flow changes and system changes as needed b. Perform general maintenance on the residence, yard and fencing c. Perform general maintenance on the property, perimeter fencing and weeds D. Inspections a. Perform routine visual inspections of the entire site at least weekly b. Perform visual inspections of the entire site after any disaster event including minor earthquakes c. Document and report any issues or concerns to the Water Operations supervisor E. Security a. Be onsite on a regular basis during nonworking hours for a minimum of four weeknights per week and a minimum of three weekends per month (except for extended periods due to supervisor approved leaves, at which time the department will be responsible for ensuring coverage for Steward’s responsibilities) b. Monitor access of residents through property during significant flood events c. Immediately report any security breaches or issues to the proper authority, including police, where appropriate 4. Rent and Utilities The City shall charge a nominal rent for the residence. Said rent shall be established from time to time by the City and communicated to the Steward in writing with sixty (60) calendar days advance notice of any changes. The City shall furnish the water supply and electricity for the residence and the Steward shall be responsible for the balance of the utilities. Upon change of Steward, the outgoing Steward shall have the propane tank filled and the carpets professionally cleaned, and provide verification of such to the Nov. 3, 2020 Item #5 Page 151 of 159 Water Operations supervisor. The outgoing Steward will have the option of being billed for these services by the City. If the outgoing Steward selects this option, the Steward will provide a thirty (30) calendar days’ notice and the City will have the propane tank filled and the carpets professionally cleaned. 5. Term The City maintains the right to change the assignment of the Maerkle Facility Steward responsibility based solely upon the City’s discretion and the City shall not be required to show cause. Moreover, the Steward shall have no due process rights related to a change from the assignment as a change shall not be considered disciplinary. It is the intent of this provision to create an at-will tenancy that can be revoked at any time upon at least sixty (60) calendar days’ notice to the Steward. There shall be an annual review of the Steward’s performance with Water Operations supervisor. The Steward shall, when possible, give the City at least sixty (60) calendar days written notice if he/she desires to be relieved of this assignment. 6. Sole Place of Residence The crew member assigned as the Steward shall maintain the residence as his/her sole place of residence. 7. Others Living at Residence Only the Steward and a reasonable number of persons who constitute a bona fide single household unit shall be allowed to reside at the house. 8. Vehicles The Maerkle Facilities Steward shall drive a City vehicle. No more than three private vehicles shall be kept at the residence unless pre-approved by the Water Operations supervisor. 9. Firearms The Steward shall not carry any firearms in the performance of his/her duties or in City vehicles and shall not discharge any firearms on City property. Any firearms that are personal property of the Steward shall be allowed to be stored at the residence provided they are securely stored. The Steward will notify the Water Operations Supervisor in advance of bringing any firearms on the premises and shall show proof of secured storage. 10. Parties The Steward shall notify his/her the Water Operations Supervisor, in writing, at least seven (7) calendar days in advance of any party at the residence involving fifteen (15) or more people. Nov. 3, 2020 Item #5 Page 152 of 159 11. Pets The Steward shall be allowed to have pets and any outdoor pets shall remain within the fenced portion of the property provided for this purpose. The Steward shall be responsible for any damages caused by pets. The Steward may not keep pets known to be vicious. The rent at the Maerkle residence is currently set at $75.00 per pay period. Automatic payroll deductions will begin for this amount starting with the beginning of the pay period on _____________________________. I have read the preceding Maerkle Reservoir, Dam, Treatment Facility and Site Steward Requirements, Responsibility and Agreement to Term of Assignment and understand it. By signing below, I am agreeing to these terms in their entirety. Employee Signature Date Nov. 3, 2020 Item #5 Page 153 of 159 ATTACHMENT ED SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release of All Claims ("Agreement") is made and entered into by and between the City of Carlsbad (“CITY") and __________________________ ("EMPLOYEE") with reference to the following facts: Due to economic reasons the CITY has decided to reduce its workforce by instituting a reduction in force or layoff in EMPLOYEE’s job classification. In consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. Termination of Employment Relationship The employment relationship which existed between EMPLOYEE and the CITY prior to the effective date of this Agreement shall cease to exist as of ____________, 20__, with EMPLOYEE's last actual day at work being _____________, 20__. 2. Benefits of Agreement A. In consideration of EMPLOYEE entering into this Agreement, the CITY will record EMPLOYEE’s separation from the CITY as a reduction in force when applying for unemployment with the State of California Employment Development Department (EDD). EMPLOYEE agrees to use the date of _______________, 20__ as the effective date of separation. B. While EMPLOYEE’s separation date is ___________________, 20__, any health insurance benefits EMPLOYEE receives will continue until ________________, 20__; dental and vision, if any, will continue until _______________, 20__. C. EMPLOYEE will receive the equivalent of three (3) months’ base salary to be paid in a lump sum direct deposit within two weeks after this document has been received by the CITY and the right to rescind this Agreement, pursuant to Section 7 Right to Revoke Agreement, has expired. D. EMPLOYEE understands and agrees that EMPLOYEE will receive no further wage, severance, vacation or other similar payments from the CITY other than those vested benefits or rights of EMPLOYEE to which EMPLOYEE would otherwise be entitled upon separation. E. EMPLOYEE agrees that he/she has not and will not file any complaints, charges or lawsuits against the CITY at any time hereinafter with any governmental agency or any court arising out of his/her employment with the CITY. EMPLOYEE further agrees not to institute or join any action, lawsuit or proceeding against the CITY arising out of his/her employment; however, he/she shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing EMPLOYEE’s rights under this Agreement. EMPLOYEE fully releases and discharges the CITY, its council members, officers, employees, agents and attorneys, from all actions, causes of action, Nov. 3, 2020 Item #5 Page 154 of 159 claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to EMPLOYEE’s employment with the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213); the Federal Family Medical Leave Act (29 U.S.C. 2601-2654); the California Family Rights Act (Gov. Code §§12945.1-12945.2); the Age Discrimination in Employment Act (29 U.S.C. §§621-634); Title VII, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000(e)1-17); and the California Fair Employment and Housing Act (Gov. Code § § 12900-12996). EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 3. Entire Agreement This Agreement constitutes the sole and exclusive understanding of the parties and shall not be subject to modification in the absence of the mutual written consent of EMPLOYEE and the CITY. 4. Severability If any provision of this Agreement as applied to either party or to any circumstances shall be adjudged to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, its validity or enforceability, in any jurisdiction. 5. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce this Agreement shall be brought in the Superior Court of California, County of San Diego, North County Judicial District. 6. Advisement-to Consult with Experts The CITY offers no advice or counseling by way of this Agreement and strongly urges EMPLOYEE to seek appropriate advice or counsel from a qualified attorney or professional of EMPLOYEE's choice and EMPLOYEE’s own expense. Nov. 3, 2020 Item #5 Page 155 of 159 7. Right to Revoke Agreement A. EMPLOYEE may revoke this Agreement within seven (7) business days of the date of EMPLOYEE's signature. Revocation can be made by delivering a written notice of revocation to the CITY’s current Human Resources Director. For this revocation to be effective, written notice must be received no later than close of business on the seventh (7th) business day after EMPLOYEE signs this Agreement. B. If EMPLOYEE exercises his/her right to revoke consent to this Agreement during the seven (7) day period after he/she signs this Agreement, this Agreement shall not be effective or enforceable and EMPLOYEE will not receive the payment and/or benefits described in Paragraph 2, Section C. 8. Non-Admission of Liability The parties recognize that the making of this Agreement is voluntary and should not in any way be construed as an admission or indication that the EMPLOYEE or the CITY violated any law, or regulation or any right founded in any applicable constitutional or statutory provision, common law, contract or public policy. The Parties expressly deny unlawful and/or wrongful conduct arising out of or in connection with the employment of EMPLOYEE and/or the termination of the employment relationship. 9. Reemployment Rights EMPLOYEE and CITY agree that any rights to reinstatement to any current or future vacancy will be governed by the layoff provision (Article 44) of the Memorandum of Understanding between the CITY and the Carlsbad City Employees’ Association (CCEA) in effect at the time of the separation. 10. Effective Date of Agreement Provided no notice of revocation is received by CITY pursuant to Section 7, this Agreement shall become effective on the eighth (8th) business day from the date in which this Agreement is signed and dated by EMPLOYEE. If the Agreement is not dated by Employee, then the effective date of this Agreement shall be the seventh (7th) calendar day after receipt of the Agreement by CITY. EMPLOYEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND THAT HE/SHE UNDERSTANDS IT AND IS VOLUNTARILY ENTERING INTO IT. IF EMPLOYEE IS AT LEAST 40 YEARS OF AGE AT THE TIME THIS AGREEMENT IS SIGNED BY SAID EMPLOYEE, YOU ARE HEREBY NOTIFIED THAT IN ACCORDANCE WITH THE AGE DISCRIMINATION IN EMPLOYMENT ACT (29 U.S.C. §§621-634), EMPLOYEE HAS BEEN GIVEN AT LEAST FORTY-FIVE (45) DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE HUMAN RESOURCES DIRECTOR OF THE CITY OF CARLSBAD NO LATER THAN SEVEN (7) DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME Nov. 3, 2020 Item #5 Page 156 of 159 EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY PERIOD HAS EXPIRED. IN WITNESS HEREOF, CITY has executed and entered into this Agreement by causing its name to be subscribed hereunder by duly authorized officers. EMPLOYEE has executed and entered into Agreement by subscribing his/her name hereto. _______________________ _______ ____________________ _______ City of Carlsbad Date Employee Date City Manager _______________________ _______ Approved as to Form Date by City Attorney Nov. 3, 2020 Item #5 Page 157 of 159 SALARY SCHEDULE - CARLSBAD CITY EMPLOYEES' ASSOCIATION January 1, 2021 CLASSIFICATION RANGE ACCOUNT CLERK I 17 ACCOUNT CLERK II 28 ACCOUNTANT 68 ACCOUNTING SUPERVISOR 55 ACCOUNTING TECHNICIAN 45 ADMINISTRATIVE SECRETARY 42 APPLICATIONS ANALYST 94 APPLICATIONS ASSOCIATE ANALYST 75 AQUATICS MAINTENANCE SUPERVISOR 6365 AQUATICS SPECIALIST 5052 ASSISTANT ENGINEER 82 ASSISTANT PLANNER 64 ASSISTANT TO THE TREASURER 74 ASSOCIATE CONTRACT ADMINISTRATOR 52 ASSOCIATE ENGINEER 98 ASSOCIATE PLANNER 78 BUILDING INSPECTOR I 5556 BUILDING INSPECTOR II 7071 BUILDING MAINTENANCE WORKER I 29 BUILDING MAINTENANCE WORKER II 41 BUILDING TECHNICIAN II 50 BUSINESS INTELLIGENCE ANALYST 94 BUSINESS SYSTEMS ASSOCIATE 70 BUSINESS SYSTEMS SPECIALIST 84 BUSINESS SYSTEMS SPECIALIST Y-RATED* 84Y BUYER/CONTRACT ADMINISTRATOR 63 CLIENT SYSTEMS ADMINISTRATOR 88 CLIENT SYSTEMS ASSOC. ADMINISTRATOR 52 CIRCULATION SUPERVISOR 3742 CODE Enforcement Officer I 43 CODE Enforcement Officer II 58 COMMUNITY OUTREACH SUPERVISOR 5863 CRIME PREVENTION SPECIALIST 44 CROSS CONNECTION CONTROL TECHNICIAN 6780 CUSTODIAN 6 CUSTODIAN II 16 DEPUTY CITY CLERK 5867 ELECTRICIAN 62 ENGINEERING TECHNICIAN I 45 ENGINEERING TECHNICIAN II 60 ENVIRONMENTAL SPECIALIST I 53 ENVIRONMENTAL SPECIALIST II 70 EQUIPMENT SERVICE WORKER 21 EQUIPMENT TECHNICIAN I 43 EQUIPMENT TECHNICIAN II 51 FIRE PERMIT TECHNICIAN I 35 FIRE PERMIT TECHNICIAN II 52 GIS ADMINISTRATOR 109 GIS ANALYST 84 GIS ASSOCIATE ANALYST 70 GIS ASOOCIATE SYSTEMS ADMINISTRATOR 94 GIS TECHNICIAN 60 GRAPHIC ARTIST 49 HOUSING ASSISTANT 22 HOUSING SPECIALIST I 4858 HOUSING SPECIALIST II 6373 HUMAN RESOURCES TECHNICIAN 4249 CLASSIFICATION RANGE INSPECTOR I 57 INSPECTOR II 70 JUNIOR ENGINEER 68 JUNIOR PLANNER 50 JUVENILE JUSTICE PROGRAM COORD. 58 LEAD EQUIPMENT TECHNICIAN 61 LEAD LIBRARIAN 6365 LEGAL ASSISTANT 56 LEGAL TECHNICIAN 80 LEGAL SECRETARY 49 LIBRARIAN 5557 LIBRARIAN Y-RATED* 55Y LIBRARY ASSISTANT I 26 LIBRARY ASSISTANT II 37 LIBRARY CLERK I 3 LIBRARY CLERK II 6 MEDIA&GRAPHICS SUPERVISOR 58 MAINTENANCE AIDE 13 MAINTENANCE WORKER I 17 MAIL CLERK/MESSENGER 1 METER SERVICES WORKER I 11 METER SERVICES WORKER II 33 METER SERVICES WORKER III 46 NETWORK ASSOCIATE 71 NETWORK ENGINEER 88 OFFICE SPECIALIST I 5 OFFICE SPECIALIST II 12 OPERATIONS/MAINTENANCE STOREKEEPER 47 PARK MAINTENANCE SPECIALIST 41 PARK MAINTENANCE WORKER II 28 PARK MAINTENANCE WORKER III 46 PARK PLANNER 8591 PLANNING TECHNICIAN I 37 PLANNING TECHNICIAN II 50 POLICE RECORDS SPECIALIST I 17 POLICE RECORDS SPECIALIST II 22 PRODUCTION TECHNICIAN 43 RECORDS SUPERVISOR 6571 RECORDS TECHNICIAN 2331 RECREATION ASSISTANT 1012 RECREATION SPECIALIST 3032 RECREATION SUPERVISOR I 54 RECREATION SUPERVISOR II 64 RISK TECHNICIAN 53 SANITATION SYSTEMS OPERATOR I 5679 SANITATION SYSTEMS OPERATOR II 6588 SANITATION SYSTEMS OPERATOR III 80103 SCADA TECHNICIAN 92103 SECRETARY 34 SENIOR APPLICATIONS ANALYST 109 SENIOR BUILDING INSPECTOR 8586 SENIOR BUILDING MAINTENANCE WORKER 53 SENIOR BUSINESS SYSTEMS SPECIALIST 99 SENIOR CIRCULATION SUPERVISOR 5055 SENIOR CODE ENFORCEMENT OFFICER 78 SENIOR CONSTRUCTION INSPECTOR 85 SENIOR CONTRACT ADMINISTRATOR 80 Nov. 3, 2020 Item #5 Page 158 of 159 CLASSIFICATION RANGE SENIOR CROSS CONN. CONTROL TECH. 7790 SENIOR DATABASE ADMINISTRATOR 114 SENIOR DEPUTY CITY CLERK 6877 SENIOR HUMAN RESOURCES TECHNICIAN 5259 SENIOR ELECTRICIAN 72 SENIOR ENVIRONMENTAL SPECIALIST 85 SENIOR LIBRARIAN 7375 SENIOR NETWORK ENGINEER 114 SENIOR OFFICE SPECIALIST 23 SENIOR PLANNER 95 SENIOR STORM DRAIN MAINT. WORKER 5872 SENIOR WEB ENGINEER 114 STOREKEEPER 22 STORM DRAIN MAINTENANCE WORKER 4458 STREET MAINTENANCE WORKER II 33 STREET MAINTENANCE WORKER III 46 SYSTEMS ADMINISTRATOR 88 TECHNICIAN I 35 TRAFFIC SYSTEMS OPS SPECIALIST 80 TRAINING COORDINATOR 49 TREE TRIMMER I 25 TREE TRIMMER II 36 TREE TRIMMER LEADWORKER 51 UTILITY MAINTENANCE WORKER III 5468 UTILITY WORKER I 4054 UTILITY WORKER II 5266 UTILITY WORKER III 6377 VALVE MAINTENANCE WORKER 5468 WASTE WATER UTILITY WORKER I 41 WASTE WATER UTILITY WORKER II 52 WASTE WATER UTILITY WORKER III 67 WAREHOUSE TECHNICIAN 43 WATER CONSERVATION SPECIALIST 41 WATER CONSERVATION SPECIALIST-CMWD 42 WATER SYSTEMS OPERATOR I 6779 WATER SYSTEMS OPERATOR II 7789 WATER SYSTEMS OPERATOR III 8799 ZONING ENFORCEMENT OFFICER 78 Nov. 3, 2020 Item #5 Page 159 of 159