HomeMy WebLinkAbout2019-11-12; City Council; ; A Memorandum of Understanding (MOU) with the Carlsbad Police Management Association and revisions to the Management Salary Schedule and the Management Compensation and Be~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Nov. 12,2019
Mayor and City Council
Scott Chadwick, City Manager
Debbie Porter, Sr HR Analyst
Debbie.Porter@carlsbadca.gov 760-602-2441
Judy Von Kalinowski, HR Director
Judy.VonKalinowski@carlsbadca.gov 760-473-4670
CA Review IJ--'C---
Subject: A Memorandum of Understanding (MOU) with the Carlsbad Police
Management Association and revisions to the Management Salary
Schedule and the Management Compensation and Benefits Plan .
Recommended Action
Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City of
Carlsbad and the Carlsbad Police Management Association (CPMA) and the associated revised
Administrative Order No. 64, approving revisions to the Management Salary Schedule and
Management Compensation and Benefits Plan, and approving $238,850 in carry-forward funds
from fiscal year 2018-19 (FY 2018-19) to fiscal year 2019-20 (FY 2019-20).
Executive Summary
Representatives of the city and the CPMA have met and conferred in good faith and have
reached an agreement regarding wages, hours and other terms and conditions of employment
for represented employees. The term of the MOU with CPMA is from Jan. 1, 2019 to Dec. 31,
2021. Pursuant to Gov. Code section 3505.1, the MOU is being presented to the City Council as
the governing body for its consideration. Also, in order to maintain a reasonable difference in
total compensation between management positions in the Police Department, staff
recommends updating the Management Salary Schedule and the Management Compensation
and Benefits Plan for unrepresented management classifications. Per Carlsbad Municipal Code
Section 2.44.020, the City Council is the governing body authorized to make changes to such
documents.
Discussion
The MOU with CPMA includes the following provisions:
1. COMPENSATION ADJUSTMENTS:
The city manager recommends a shift in the compensation philosophy to ensure that City of
Carlsbad salaries fall within the top third of the comparable agencies in the San Diego public
sector market.
Nov. 12, 2019 Item #1 Page 1 of 129
As such, the MOU states that, effective on Jan . 1 of each of the calendar years 2019, 2020
and 2021, Police Captains will receive a 3.75% salary increase and Police Lieutenants will
receive a 5.25% salary increase.
2. FLEXIBLE BENEFITS PROGRAM:
Retroactive to the first pay period in January 2019, and effective the pay periods that
include Jan. 1, 2020 and Jan. 1, 2021, and Dec. 31, 2021, the city's health insurance
contribution will be set to dollar amounts that equate to 80% of the average health
premium for those enrolling in the group health plan. For those who waive medical
coverage, the city's contribution will be equal to 50% of the contribution associated with
the Employee Only coverage level. If this results in a situation where the unused benefit
credits associated with any medical plan exceed the benefit credits associated with waiving
medical coverage, the benefit credits associated with waiving medical coverage will be set
equal to $1 above the unused benefit credits associated with that med i cal p lan .
3. EDUCATION INCENTIVE:
Retroactive to the pay period that includes Jan. 1, 2019, education incentive (based on
certification from the State of California Commission on Peace Officer Standards (POST)) will
increase as follows:
Advanced POST certificate: from $156 b iweekly to $258 biweekly
Management POST certificate: from $317 biweekly to $452 biweekly
4. HOLIDAYS:
Effective upon ratification and each July 1 thereafter, all CPMA employees will receive two
floating holidays per fiscal year. Also, in lieu of time off on holidays, Police Captains will
receive the equivalent of the number of hours in a regular work shift, paid at straight time.
5. UNIFORM REIMBURSEMENT:
Retroactive to the pay period that includes Jan. 1, 2019, uniform reimbursement will
i ncrease from $700 to $900 per year .
6. VACATION ACCRUAL:
Retroactive to Jan . 1, 2019, the vacation accrual rates will increase by an average of 19
hours/year depending on an employee's years of service. The vacation accrual maximum
will increase from 320 to 480 hours and the vacation cashout maximum will increase from
80 to 160 hours.
7. EXECUTIVE LEAVE :
Upon ratification of the MOU, executive leave for Police Captains will increase from 56 to 64
hours per fiscal year.
8. SHIFT DIFFERENTIAL:
Effective upon ratification of the MOU, employees who work night shifts will receive shift
differential pay equal to 3% of their base salary.
Nov. 12, 2019 Item #1 Page 2 of 129
9. DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS:
Changes have been made to Appendix A of Administrative Order No. 64 Drug and Alcohol
Testing Policy for Employees in Safety Sensitive Positions to include, in the list of covered
classifications, any employee in a CPMA-represented classification who operates a
commercial vehicle (e.g., the public safety command post vehicle).
10. RE-OPENERS:
At any time during the term of the MOU, after Cal PERS announces its actual rate of return
for the prior fiscal year, if the Cal PERS "discount rate" (i.e., actual rate of return) is less than
the expected rate of return, the city may reopen negotiations on the issue of employee cost
sharing toward the city's required contribution to Cal PERS for CPMA members.
At any time during the term of the MOU, either party may reopen negotiations to discuss
the issues of disability insurance benefits.
11. Language changes were made to the CPMA MOU as outlined in Exhibit 2.
The above-mentioned provisions are incorporated in the attached CPMA MOU (Attachment
A) and Administrative Order No. 64 (Attachment B), attachments to the Resolution.
As a result of the changes described above and in order to maintain a reasonable difference
in total compensation between each of the positions of Police Captain, Assistant Police
Chief and Police Chief, staff recommends an adjustment to the associated pay ranges in the
Management Salary Schedule as shown in Exhibit 4 retroactive to Jan. 1, 2019. In addition,
staff recommends the addition of Education Incentive in the amount of $462 biweekly for
incumbents in the positions of Police Chief and Assistant Police Chief who obtain a
Management certificate issued by the State of California Commission on Peace Officer
Standards and Training (POST) retroactive to Jan. 1, 2019. These provisions are
incorporated in the attached Management Salary Schedule (Attachment C) and
Management Compensation and Benefits Plan (Attachment D), attachments to the
Resolution.
Fiscal Analysis
The estimated annual fiscal impact associated with the actions described above is broken down
and described below.
• The annual cost ofthe salary increases included in the CPMA MOU on Jan. 1, 2019, Jan .
1, 2020, and Jan. 1, 2021 are estimated to be $101,000 and $106,000, and $111,300
respectively. These costs include salary and related benefits. The impact to the FY 2019-
20 adopted budget is $154,000.
• The annual costs of the changes to health benefit credits on Jan. 1, 2019, Jan. 1, 2020,
Jan. 1, 2021 and Dec. 31, 2021 are estimated to be $6,900 and $7,100, $7,500 and
$7,900 respectively. The impact to the FY 2019-20 adopted budget is $10,450.
• The annual cost of the changes to education incentive for CPMA represented employees
is estimated to be $3,200 per year. This cost includes pay and related benefits. The
impact to the FY 2019-20 adopted budget is $4,800.
Nov. 12, 2019 Item #1 Page 3 of 129
• The annual cost of the change to holiday pay is estimated to be $37,800. This cost
includes pay and related benefits.
• The annual cost of the increase to uniform reimbursement is estimated to be $2,400.
This cost includes pay and related benefits. The impact to the FY 2019-20 adopted
budget is $3,600.
• The annual cost of the increase to vacation accrual is estimated to be $1,600. This cost
includes pay and related benefits.
• The annual cost of the shift differential pay is estimated to be $10,700. This cost
includes pay and related benefits.
• The annual cost of the education incentive for the positions of Police Chief and Assistant
Police Chief, retroactive to Jan . 1, 2019, is estimated to be $29,000. This cost includes
pay and related benefits. The impact to the FY 2019-20 adopted budget is $43,500.
• There is no fiscal impact associated with the remaining items outlined above.
The total estimated fiscal impact in FY 2019-20 for all items retroactive to Jan. 1, 2019,
including salaries and benefits, is $266,450. Of this total, $27,600 is included in the adopted FY
2019-20 budget . There are adequate budgetary savings in FY 2018-19 for the remainder
($238,850). These budgetary savings are requested to be carried forward from FY 2018-19 to FY
2019-20 to fund the remaining fiscal impact.
Funding for changes listed above that occur in the future will be included in subsequent
adopted budgets.
Next Steps
Staff will implement the changes made to the CPMA MOU, Administrative Order No. 64, the
Management Salary Schedule and the Management Compensation and Benefits Plan as shown
in Attachments A, B, C and D to the City Council Resolution .
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonable foreseeable indirect physical change in the environment;
and therefore, does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
and review at least 72 hours prior to the meeting date.
Exhibits
1. City Council Resolution
2. Strike-out copy of the MOU between the City of Carlsbad and CPMA
3. Strike-out copy of Appendix A of the Administrat ive Order No. 64
4 . Strike-out copy of the Management Sa lary Schedule
5. Strike-out copy of Section 3 of the Management Compensation and Benefits Plan
Nov. 12, 2019 Item #1 Page 4 of 129
RESOLUTION NO. 2019-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD POLICE
MANAGEMENT ASSOCIATION (CPMA) AND REVISED ADMINISTRATIVE
ORDER NO. 64, APPROVING A REVISED MANAGEMENT SALARY
SCHEDULE AND MANAGEMENT COMPENSATION AND BENEFITS PLAN
AND APPROVING $238,850 IN CARRY-FORWARD FUNDS FROM FISCAL
YEAR 2018-19 (FY 2018-19) TO FISCAL YEAR 2019-20 (FY 2019-20).
WHERAS, the City of Carlsbad and the Carlsbad Police Officers' Association (CPMA) have
met and conferred in good faith pursuant to the Meyers-Milias-Brown Act regarding wages and
other terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to submit to
the City Council for consideration and approval; and
WHEREAS, the City Council of the City of Carlsbad, California has determined the need to
accept such an agreement in the form of 1) a Memorandum of Understanding (MOU) and 2) a
revised Administrative Order No. 64; and
WHEREAS, the City of Carlsbad Human Resources Department has reviewed the
Management Salary Schedule and Management Compensation and Benefits Plan and
determined revisions are necessary; and
WHEREAS, the City Council has determined it to be in the public interest to accept such
revisions in the form of the Management Salary Schedule, marked Attachment C, and the
Management Compensation and Benefits Plan, marked Attachment D, and incorporated by
reference herein; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that funds
in the amount of $27,600 were previously appropriated to the fiscal year 2019-20 General Fund
budget for the negotiated MOU changes for CPMA; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that funds
in the amount of $238,850 will be carried forward from FY 2018-19 to FY 2019-20 to fund the
remaining fiscal impact.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That Attachment A, the MOU between CPMA and the City of Carlsbad, attached
hereto is hereby adopted by the City Council and the city manager is directed to
execute it.
3. That Attachment B, the revised Administrative Order No. 64, is hereby adopted.
4. That Attachment C, the revised Management Salary Schedule, is hereby adopted.
Nov. 12, 2019 Item #1 Page 5 of 129
5. That Attachment D, the revised Management Compensation and Benefits Plan, is
hereby adopted.
6. That the deputy city manager-administrative services is authorized to carry
forward fiscal year 2018-19 budgetary savings of $238,850 from the General
Fund.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12 th day of November 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None. ~1/!{f
r~ 1/ecfLrC,mn Dtpu-1a '1" / . ._;
BARBARA ENGLESON, City Clerk C1j
(SEAL) Cle/IC
Nov. 12, 2019 Item #1 Page 6 of 129
Attachment A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
Tenn: January I, 2019 -December 3 I, 2021
TABLE OF CONTENTS
Preamble Page 2
Article I Implementation Page 2
Article 2 Tenn and Renegotiation Page 2
Article 3 Authorized Agents Page 2
Article 4 Recognition Page 2
Article 5 Savings Clause Page 3
Article 6 Nondiscrimination Clause Page 3
Article 7 Management Rights Page 3
Article 8 Basic Work Week/Work Day Page 3
Article 9 Court and Hearings Page 3
Article 10 Sick Leave/Bereavement Leave Page 4
Article 11 Association Rights Page 6
Article 12 Overtime Page 7
Article 13 Call Back Page 7
Article 14 Seniority Page 8
Article 15 Peaceful Performance of City Services Page 8
Article 16 Discipline of an Employee Page 9
Article 17 Retirement Benefits Page 10
Article 18 Flexible Benefits Program Page 11
Article 19 Uniform Reimbursement Page 13
Article 20 Vehicles Page 14
Article 21 Long Tenn Disability Page 14
Article 22 Leave of Absence Page 14
Article 23 Disability Retirement Page 17
Article 24 Vacation Page 17
Article 25 Holidays Page 19
Article 26 Alcohol and Drug Policy Page 19
Article 27 Employer Searches Page 22
Article 28 Compensation Page 23
Article 29 Executive Leave Page 33
Article 30 Life Insurance and Voluntary Benefits Page 33
Article 31 Separation Compensation Page 33
Article 32 Physical Fitness Reimbursement Page 33
Article 33 Deferred Compensation Page 33
Article 34 Educational Incentive Page 34
Article 35 Re-opener Page 34
Article 36 Temporary Upgrade Pay Page 35
Article 37 Police Captain and City of Carlsbad Personnel Rules Page 35
and Regulations
Article 38 Shift Differential Page
Nov. 12, 2019 Item #1 Page 7 of 129
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by
the City Council of the City of Carlsbad, by and between designated management representatives of the
City of Carlsbad (hereinafter referred to as the "city") and the designated representatives of the Carlsbad
Police Management Association (hereinafter referred to as "CPMA").
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to
promote and provide for harmonious relations, cooperation and understanding between the city and the
local safety police management employees covered under this Memorandum; to provide an orderly and
equitable means of resolving any misunderstandings or differences which may arise under this
Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations
regarding wages, hours and other terms and conditions of employment of the employees covered under
this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council
approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council
following ratification of the Memorandum by the membership of CPMA. It is agreed that the city will act
in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and
those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, 20 I 9, and shall continue until
December 31, 2021.
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in
approximately August 2021.
ARTICLE 3. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
3 .1 City's principal authorized agent shall be the City Manager or a duly authorized representative
[Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (760) 434-
2821] except where a particular representative is specifically designated in connection with the
performance of a specific function or obligation set forth herein.
3.2 CPMA's principal authorized agent shall be its President or duly authorized representative
[Address: 2560 Orion Way, Carlsbad, CA, 92010] and PO RAC of California [Address: 4010
Truxel Rd. Sacramento, CA 95834-3725; Telephone: 916-928-3777].
ARTICLE 4. RECOGNITION
The city recognizes CPMA as the majority representation of the bargaining unit that includes the
classifications of Police Captain and Police Lieutenant.
2 Nov. 12, 2019 Item #1 Page 8 of 129
Attachment A
ARTICLE 5. SAVINGS CLAUSE
If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of
existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this
Memorandum shall remain in full force and effect for the duration of this Memorandum.
ARTICLE 6. NONDISCRIMINATION CLAUSE
Neither city nor CPMA shall interfere with, intimidate, restrain, coerce, or discriminate against employees
covered by this Memorandum because of exercise of rights to engage or not engage in CPMA activity or
because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 7. MANAGEMENT RIGHTS
The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its
major service areas, departments, commissions, and boards; to set standards of service; to determine
procedures and standards of selection for employment and promotion; to direct its employees; to take
disciplinary action; to relieve employees from duty because of lack of work or other legitimate reasons; to
transfer employees among various department activities and work groups; to maintain the efficiency of
city operations; to determine the methods, means and personnel by which city operations are to be
conducted; to determine the contents of job classifications; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion over its organization and the
technology for performing its work.
Nothing in this Memorandum shall require the city to meet and confer over the exercise of its
management rights, however, in so doing; the city shall comply with all applicable provisions of this
Memorandum.
ARTICLE 8. BASIC WORK WEEK/WORKDAY
8.1 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
8.2 In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for
sworn employees begins on Sunday at 00:01 hours and ends 14 days later at 23:59 hours.
Overtime shall be compensated in the manner prescribed by Article 12 of this Memorandum.
8.3 References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work
three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour
shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours
worked in the pay period.
8.4 Members of this bargaining unit will be given two (2) fifteen-minute rest periods and one (I)
half-hour lunch break each workday without loss of pay.
8.5 All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule. In general,
unit members assigned to patrol shall work a 3/12 schedule.
8.6 For Police Lieutenants in Patrol, deployments shall be six months in length and shifts shall be bid
one month in advance according to seniority. The Police Chief has discretion to alter shifts as
reasonably necessary at any time based on department needs. There are no vested rights to a
specific shift.
3
Nov. 12, 2019 Item #1 Page 9 of 129
ARTICLE 9. COURT AND HEARINGS
9.1 Compensation: Off duty Lieutenants who appear in court or at a hearing pursuant to an official
request from a legally constituted body regarding matters arising out of, or associated with, their
employment shall be compensated at a minimum of four (4) hours per day calculated at time and
one-half the employee's regular rate of pay. Actual time spent in court over the four (4) hour
minimum on the same day is compensable at time and one-half the Lieutenant's regular rate of
pay.
9.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the Lieutenant's regularly scheduled
work shift. In that situation, the Lieutenant shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two (2) hours prior to the commencement of
the employee's work shift will receive two (2) hours compensation at the overtime pay rate.
Any subpoena received with an appearance time of one ( 1) hour prior to the commencement of
the employee's work shift will receive one (I) hour compensation at the overtime pay rate.
Lieutenants who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
minimums.
9.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held
over during the normal lunch break for further appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
9.4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when
the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the
court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for
mileage expenses to and from the court or hearing location, or the round trip distance between the
court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall
be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad
titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this
policy.
9.5 Phone Testimony: When off duty Lieutenants provide court or hearing testimony via telephone,
the employee shall be compensated for the actual time of the telephone testimony or a minimum
of one (1) hour, whichever is greater, at time and one-half the employee's regular rate of pay.
9.6 District Attorney Conversation: When off duty Lieutenants receive calls from District Attorney
personnel regarding criminal cases, employees will receive no compensation for conversations
lasting less than 10 minutes. Lieutenants will receive compensation at time and one-half the
employee's rate of pay for the actual time of the conversation or a minimum of one ( 1) hour,
whichever is greater, for conversations lasting 10 minutes or longer. Lieutenants receiving
multiple calls within the same one hour period shall only receive one hour compensation.
4
Nov. 12, 2019 Item #1 Page 10 of 129
Attachment A
ARTICLE 10. SICK LEAVE/BEREAVEMENT LEAVE
10.1 Every employee will accrue sick leave at the rate of 16 minutes per calendar day. Sick leave may
be used in 15-minute increments.
10.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out
when an employee's employment with the city ends.
10.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal
injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the
employee's own or a family member's medical, dental, or optometry appointments.
In addition, in the event of the death of an employee's family member, the employee may take up
to three (3) shifts of paid time off for bereavement. In extreme circumstances, the Police Chief
may allow the employee to take additional time off in the form of accrued sick leave or vacation
or treated as leave without pay.
For the purpose of this section, the term "family member" shall be defined in the personnel rules
and regulations.
10.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death
of a family member must notify the employee's supervisor as soon as possible on the first day of
the absence. An employee who needs to be absent to attend a medical, dental, or optometry
appointment must have the absence approved in advance by the employee's supervisor.
10.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as
provided for in this article.
10.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers'
compensation, the pregnancy disability provisions of the California Fair Employment and
Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the
city may require the employee to provide a medical certificate supporting the need for the
absence.
10. 7 Time off to take a physical examination for induction into or recall to active duty with the Armed
Forces will be handled in accordance with applicable state and federal law.
10.8 An employee making a blood donation without charge will be given reasonable time off for that
purpose. No charge will be made against the employee's sick leave or vacation when the absence
is approved in advance by the employee's supervisor.
10.9 During the first pay period of each fiscal year, any regular employee who has accrued and
maintains a minimum of one hundred ( 100) hours of sick leave will be permitted to convert up to
ninety-six (96) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours
of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to
convert sick leave to vacation if the conversion would cause the employee to exceed the vacation
accrual maximum specified in Article 24.
10.10 Any regular employee applying for retirement with the Public Employees' Retirement System
may convert accrued and unused sick leave to service time at the rate specified in California
Government Code section 20965.
5
Nov. 12, 2019 Item #1 Page 11 of 129
10.11 Nothing in this Article precludes the city from taking appropriate action in the event of abuse of
sick leave.
ARTICLE 11. ASSOCIATION RIGHTS
11.1 The city recognizes the right of the CPMA to govern its internal affairs.
11.2 The parties to this Memorandum fully support the concept of the Public Safety Officers
Procedural Bill of Rights Act, Sections 3300, et seq., of the Government Code.
11.3 Upon the receipt of a written request and authorization from an employee for deduction of CPMA
dues and other lawfully permitted deductions, the city shall withhold such dues and deductions
from the salary of the employee and remit the withholdings to the CPMA. The city shall continue
to withhold such deductions unless the employee files a statement with the city withdrawing
authorization for the continued withholding of the deductions. The effective date of withholding,
time of remitting withholdings to the CPMA, and all procedural matters shall be determined in
accordance with the Rules and Regulations of the city.
11.4 The CPMA shall provide and maintain with the city a current list of the names and all authorized
representatives of the CPMA. An authorized representative shall not enter any work location
without the consent of the Police Chief or his designee or the City Manager or his designee. The
Police Chief or his designee shall have the right to make arrangements for a contact location
removed from the work area of the employee.
11.5 The CPMA shall be allowed to designate employee representatives to assist employees in:
11.5.1
11.5.2
Preparing and presenting material for Disciplinary Appeals hearings;
Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of California Government Code Sections
3300, et seq., known as the Public Safety Officers Procedure Bill of Rights
Act.
11.6 Designated employee representatives shall be allowed reasonable release time from regularly
scheduled duties to attend meet and confer sessions with the city.
11. 7 Designated employee representatives requesting time off under this Article shall direct such
request to their immediate supervisors in writing within a reasonable time period to the date
requested, in order to assure that the Department meets its staffing needs and to assure sufficient
coverage of departmental assignments.
11.8 The city will furnish bulletin board space in the Police Department for the exclusive use of the
CPMA. Material placed on the bulletin boards shall be at the discretion of the CPMA and shall
be removed by management only in the event the material is obviously offensive to good taste or
defamatory, and shall be removed only on prior notification to a CPMA representative. The
CPMA shall be responsible for maintaining bulletin boards exclusively used by the CPMA in an
orderly condition and shall promptly remove outdated materials.
6
Nov. 12, 2019 Item #1 Page 12 of 129
Attachment A
11.9 Use of City Facilities
11.9.1
11.9.2
ARTICLE 12. OVERTIME
The CPMA may, with the prior approval of the City Manager, be granted the
use of the city facilities for off-duty meetings of CPMA members, provided
space is available. All such requests will be in writing to the City Manager.
The use of city equipment other than items normally used in the conduct of
business meetings, such as desks, chairs and blackboards, is strictly
prohibited, the presence of such equipment in approved city facilities
notwithstanding.
12.1 Overtime Pay: Lieutenants shall be entitled to overtime compensation for all time worked ( or
regarded as having been worked because the employee is on an approved paid leave) in excess of
the employee's regularly scheduled work day and/or in excess of eighty (80) hours per fourteen
(14) day work period. The regular rate of pay shall be calculated in conformance with the FLSA.
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of "Pay Only
Details") of earning compensatory time off hours at the rate of 1.5 hours per overtime hour
worked in lieu of cash, subject to a maximum accumulation of one hundred and fifty ( 150) hours
of compensatory time off. When a Lieutenant has accumulated the maximum number of hours of
compensatory time off, he/she shall receive all overtime compensation in cash until such time as
the Lieutenant's compensatory time off bank is no longer at the maximum.
12.3 Comp. Time Exception: Special details where the city is reimbursed for employees'
compensation from an outside entity shall be for pay only. Lieutenants volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 13. CALL BACK
13 .1 Only Lieutenants are eligible for Call Back Pay as described in this article.
13.2 Description: If an employee is required to return to his or her place of employment or other work
location directed by the employer at a time that is not part of the employee's regularly scheduled
work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for
the actual number of hours worked, subject to the following:
13.3 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or
firearms qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation. No travel time is provided for scheduled call backs.
13.4 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee
shall receive a minimum of four hours of appropriate overtime compensation.
13 .5 Travel Time: Travel time is included as part of the call back minimum compensation or the call
back overtime if the call back (travel time plus detail time) exceeds the approved minimum
guarantees. The maximum approved travel time is set as follows:
(a) Police Department: If the call back is to the Carlsbad Police Department or other site
within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a
maximum of one hour round trip.
7 Nov. 12, 2019 Item #1 Page 13 of 129
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police
Department, travel time shall be the actual amount of time required to drive to the call
back site and return to employee's residence.
Employees who are called back for immediate service and who are required to return to
his or her place of employment or other work location directed by the employer at a time
that is not part of the employee's regularly scheduled work shift, are eligible for travel
time.
13 .6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to
any site within a 20 mile radius of the Carlsbad Police Department will not be compensated. If an
employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the
round trip distance between the directed site and the Carlsbad Police Department, whichever is
less.
13.7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee's regularly scheduled work shift. In
that situation, the employee shall receive applicable overtime compensation for all time actually
worked beyond the regularly scheduled work shift.
ARTICLE 14. SENIORITY
14.1 The seniority of an employee is based on the number of calendar months of continuous service in
the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the
number of calendar months of continuous service in the Carlsbad Police Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall have
seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
14.2 If an employee voluntarily leaves the city's employ or is dismissed for cause, the employee will
lose all seniority credited prior to then. Reemployment will not restore the lost seniority. Instead,
if an employee is reemployed, seniority will be based on the reemployment date. This section
does not apply to employees who successfully appeal a termination for cause and are ordered to
be reinstated to employment.
14.3 An employee laid off will, after reinstatement, regain the seniority credit the employee possessed
at the time of layoff, provided the reinstatement occurs within twenty-four (24) months of the
layoff.
14.4 Refer to Article 22.3 for information re: the impact of a leave of absence on seniority.
ARTICLE 15. PEACEFUL PERFORMANCE OF CITY SERVICES
15.1 During the term of the Memorandum, the CPMA, its representatives, or members shall not
engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against
the City of Carlsbad.
15 .2 During the term of the Memorandum, the city wil I not instigate a lockout over a dispute with the
employees.
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Nov. 12, 2019 Item #1 Page 14 of 129
Attachment A
15 .3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employment for the purpose of inducing,
influencing or coercing a change in the conditions of compensation, or the rights, privileges or
obligations of employment.
ARTICLE 16. DISCIPLINE OF AN EMPLOYEE
16.1 The city may only discipline regular employees for just cause. In the case of disciplinary action
involving suspension, demotion or discharge, the employee shall be given notice of the action to
be taken, the evidence or materials upon which the action is based, and an opportunity to respond
to the Police Chief either orally or in writing, provided the employee requests the opportunity
within seven (7) calendar days of the notice of the action. The above process will occur prior to
the imposition of the discipline.
16.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall inform and
remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the city will attempt to develop a
permanent list of five (5) mutually acceptable hearing officers. If a mutually acceptable list
cannot be developed, the parties agree that the advisory hearing will be conducted before a
hearing officer selected by the parties from a list provided by the California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a
strikeout procedure using a list of seven names provided by the California State Mediation and
Conciliation Service. The appellant will have the prerogative of striking the first name.
The city will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attorney fees and preparation of documents.
16.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the
period of time, from two to four years that the discipline will remain in the affected employee's
personnel records, unless a longer period is required by law. At the end of the designated period
of time, the disciplinary action shall be removed from the employee's personnel file. It is the
responsibility of the employee to initiate a request for removal of disciplinary action from the
employee's personnel file. The only permitted use of the removed disciplinary action shall be in
a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
16.4 Nothing in this Memorandum shall be construed to require "cause" or "just cause" for the
rejection of a probationary employee prior to the expiration of the probationary period. A
probationary employee rejected during the probationary period shall not be entitled to appeal such
rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection
with the Police Chief.
16.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to
appeal to the Hearing Officer any disciplinary action.
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Nov. 12, 2019 Item #1 Page 15 of 129
16.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the
Human Resources Director, who shall, within ten ( 10) calendar days after receipt of the appeal,
inform the Hearing Officer of the action desired by the appellant and the reasons why. The
formality of a legal pleading is not required.
16. 7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing, unless the parties mutually agree to a later hearing date. The Human
Resources Director shall notify all interested parties of the date, time, and place of the hearing.
16.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the
Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attorney the appellant selects and may produce any relevant oral or
documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its
case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of
witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control
of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before
it. Hearings need not be conducted according to technical rules relating to evidence and
witnesses. Hearings will be closed unless at least four ( 4) business days prior to the hearing the
appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing
officer will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their case to the
City Council before the City Council renders a final decision.
16.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and
to the appellant. The City Council shall review the findings and recommendations of the Hearing
Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems
warranted, and the action taken shall be final. The Hearing Officer may submit a minority or
supplemental finding and recommendation. In the case of suspension, discharge or demotion, the
appointing power shall reinstate an employee to the employee's former status if the City Council
determines that the action was for discriminatory reasons.
16.10 Disciplinary appeal hearing. During any disciplinary appeal hearing, either party may file a
written motion with the City Clerk for the City of Carlsbad seeking authorization from the City
Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing
officer. The motion for authorization shall be heard in closed session, unless waived by the
appellant. Either party's representative may make a statement to the City Council on the issue of
whether authorization to seek a writ is justified. During this hearing on the motion for
authorization to pursue a writ, neither party may discuss the merits or the factual basis of the
underlying administrative hearing with the City Council. The parties should limit their discussion
as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an
interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing
the discipline shall not be required to seek authorization from the City Council in order to pursue
an interlocutory writ in court as to those issues in which the court has initial jurisdiction,
including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of
Rights Act.
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Nov. 12, 2019 Item #1 Page 16 of 129
Attachment A
ARTICLE 17. RETIREMENT BENEFITS
17.1 The city has contracted with CalPERS for the following retirement benefits:
Safety "Classic" Members (those that do not qualify as "New Members" as defined below)
• Safety Tier 1 -Employees entering City of Carlsbad safety CalPERS membership for the
first time prior to October 4, 20 IO -The retirement formula shall be 3% @ 50; single
highest year final compensation.
• Safety Tier 2 -Employees entering City of Carlsbad safety CalPERS membership for the
first time on or after October 4, 2010 -The retirement formula shall be 2%@ 50; three
year average final compensation.
• Safety Tier 3 -Employees entering City of Carlsbad safety CalPERS membership for the
first time on or after January 1, 2013 -The retirement formula shall be 2.7%@ 57; three
year average final compensation.
"New Members"
Employees who are "New Members" as defined by the California Public Employees' Pension
Reform Act of2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never
been a CalPERS member or member of a reciprocal system or who has had a break in
CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA
prov1s1ons.
17.2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Safety employees subject to the 3% @ 50 and 2% @ 50 benefit formula shall pay all of
the employee retirement contribution (9% ).
• Safety employees who meet the definition of "New Member" under PEPRA shall pay the
required PEPRA member contribution rate as established by CalPERS.
17.3 If the Employer Paid Member Contribution (EPMC) is greater than zero, the city shall report the
value of the EPMC as additional (special) compensation to CalPERS for all CPMA represented
employees designated as "classic members".
ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
18.1 Employees represented by the CPMA will participate in a flexible benefits program that includes
medical insurance, dental insurance, vision insurance, AD&D insurance and flexible spending
accounts (FSAs). Each of these components is outlined below.
18.2 Benefits Credits and Medical Insurance: During the entire term of this agreement, represented
employees will be covered by the Public Employees' Medical and Hospital Care Act (PEMHCA)
and will be eligible to participate in the CalPERS Health Program. The city will pay on behalf of
all employees covered by this agreement and their eligible dependents and those retirees
designated in Section 18.6 of this Article, the minimum amount per month required under
Government Code Section 22892 of the PEMHCA for medical insurance through the California
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Nov. 12, 2019 Item #1 Page 17 of 129
Public Employees' Retirement System (CalPERS). If electing to enroll for medical benefits, the
employee must select one medical plan from the variety of medical plans offered.
The city shall contribute monthly amounts ( called "Benefits Credits") on behalf of each active
employee and eligible dependents toward the payment of medical premiums under the CalPERS
Health Program. The city contribution shall be based on the employee's medical coverage level
and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the
city's total contributions, the employee will pay the difference.
Waiver Provision: CPMA-represented employees who do not wish to participate in the CalPERS
Health Program will have the choice of waiving the city's medical insurance program, provided
they can show that they are covered under another group insurance program. The benefits credits
associated with waiving medical coverage will be set equal to 50% of the benefit credits
associated with Employee Only medical coverage level. If this results in a situation where the
unused benefit credits associated with any medical plan exceed the benefit credits associated with
waiving medical coverage, the benefit credits associated with waiving medical coverage will be
set equal to one dollar ($1) above the unused benefit credits associated with that medical plan.
Excess and Unused Benefits Credits: If the Benefits Credits exceeds the cost of the medical
insurance purchased by the employee, the employee will have the option of using any "excess
credits" to purchase city-sponsored dental insurance, vision insurance, accidental death and
dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible
spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and
reported as taxable income.
The Benefits Credits for calendar year 2019 shall increase as shown in the table below. To
provide CPMA represented employees with the value of the increase in 2019 Benefits Credits,
with the payroll for the first full pay period after ratification of this Memorandum by the City
Council, the city shall make a one-time taxable (non-PERSable) cash payment equal to the
increase in benefits credits for CPMA members employed by the city on that date. The increase
in Benefits Credits shall be given to each employee based on the employee's medical coverage
level in the pay period in which the cash amount is paid and pro-rated based on the employee's
benefit-eligibility date (i.e., the date they became eligible for city benefits). Employees hired
during subsequent pay periods in calendar year 2019 shall receive a cash payment for this
increase in Benefits Credits in the pay period in which they become benefit-eligible.
Medical Prior Monthly 2019 Monthly Monthly
Coverage Level Benefits Credits Benefits Credits Increase
Employee $573.00 $577.00 $4.00
Employee+ 1 $1,146.00 $1,158.00 $12.00
Family $1,502.00 $1,528.00 $26.00
Waive Medical $286.50 $416.68 $130.18
Effective the pay periods that include 1/1/2020, 1/1/2021 and 12/31/2021 the city monthly benefit
credits associated with each medical coverage level will be set to dollar amounts that equate to
80% of the average health (medical, dental and vision) premium for Employee, Employee Plus
One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that
will take effect on January I of the respective calendar year.
18.3 Dental Insurance
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Nov. 12, 2019 Item #1 Page 18 of 129
Attachment A
CPMA employees may choose to enroll in or opt out of the city-sponsored dental insurance plan
at any coverage level.
18.4 Vision Insurance
CPMA employees may choose to enroll in or opt out of the city-sponsored vision insurance plan
at any coverage level.
18.5 Accidental Death & Dismemberment (AD&D) Insurance
CPMA employees may choose to enroll in or opt out of the city-sponsored Accidental Death &
Dismemberment (AD&D) insurance plan at any coverage level.
18. 6 Retirees
Each retired employee who was a member of this bargaining unit is covered by the Public
Employees' Medical and Hospital Care Act and is eligible to participate in the California Public
Employees' Retirement System (CalPERS) Health Program. Represented employees who retire
from the city, either service or disability, shall be eligible to continue their enrollment in the
Ca!PERS Health Program when they retire, provided that the individual is enrolled or eligible to
enroll in a Ca!PERS 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 Ca!PERS Health Program. Direct authorization may be
established for automatic deduction of payments for health insurance administered by CalPERS.
Employees who retire from the city, either service or disability, shall be eligible to elect, upon
retirement, to participate in the city's dental and/or vision insurance programs as a retiree. The
cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne
solely by the retiree. An individual who does not choose coverage upon retirement, or who
chooses coverage and later drops it is not eligible to return to the city's dental and vision
insurance programs.
The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance
and the retiree must keep such payments current to ensure continued coverage.
ARTICLE 19. UNIFORM REIMBURSEMENT
Retroactive to the pay period that includes January 1, 2019, reimbursement to represented employees for
the cost of purchasing and maintenance of required uniforms shall be $34.62 per pay period. Under
PEPRA, this benefit is not reported to Ca!PERS as special compensation for new members.
ARTICLE 20. VEHICLES
Each represented employee who is working in the assignment of Professional Standards and Services
Division Lieutenant, Investigations Lieutenant, Traffic Lieutenant, and all Police Captains shall be
assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift; provided,
however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles
and does not extend to any Lieutenant/Captain assigned in addition to the number assigned as of the date
of this Memorandum.
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Nov. 12, 2019 Item #1 Page 19 of 129
ARTICLE 21. LONG TERM DISABILITY
During the term of this Memorandum, city agrees to continue to provide long term disability insurance.
The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, the insurance shall continue unchanged.
ARTICLE 22. LEAVE OF ABSENCE
22.1 Occupational Injuries or Illnesses
22.1.1 A sworn employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for up to one year as provided in Section
4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850
benefits concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability payments as
provided in the Labor Code. To the extent these benefits are less than the
employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
An employee shall not use accrued sick leave after the city approves the
employee's Industrial Disability Retirement (IDR). The employee who is
approved for an IDR may choose to cash out up to 50% of their sick leave
balance upon separation of employment. The remaining sick leave balance shall
be converted to CalPERS service credit.
22.2 Non-Occupational Injuries or Illnesses
22.2.1 An employee who is temporarily unable to work due to a non-occupational
illness or injury will receive those disability benefit payments for which the
employee is eligible and applies. To the extent that these benefits are less than
the employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
22.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same
manner as leaves of absence for non-occupational illnesses or injuries, subject to
the pregnancy disability provisions of the California Fair Employment and
Housing Act.
22.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days ( 12 weeks) of leave of absence (paid or
unpaid and except when leave is ordered by the city or when an employee is on an active duty
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Nov. 12, 2019 Item #1 Page 20 of 129
Attachment A
military leave) or completion of a leave of absence related to Section 4850 of the Labor Code,
whichever occurs later, an employee will not be eligible for the benefits listed below:
1. accrual of sick leave and vacation,
2. holiday pay,
3. cell phone allowance and
4. shift differential
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 will be adjusted for each calendar day the leave of absence lasted beyond either
84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of
the Labor Code, whichever was longer.
During or immediately following a leave of absence, if an employee returns to work for fewer
than 14 calendar days before subsequently going back on a leave of absence (paid or unpaid and
except when leave is ordered by the city or when an employee is on an active duty military
leave), the second leave of absence shall be considered a continuation of the first leave of
absence.
Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends
beyond 14 consecutive calendar days the probationary period 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.
22.4 Leave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
recommendation of the Police Chief and the approval of the City Manager.
An employee shall utilize all his/her vacation, and/or sick leave (if
applicable) prior to taking an authorized leave of absence without pay.
B. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms prescribed by the
City Manager or his/her designee and shall state specifically the reason for the request,
the date when the leave is desired to begin, the probable date of return, and the agreement
to reimburse the city for any benefit premiums paid by the city during the leave of
absence. The request shall normally be initiated by the employee, but may be initiated by
the Police Chief, and, upon written recommendation of the Police Chief that it be granted,
modified or denied, shall be promptly transmitted to the City Manager or his/her
designee. A copy of any approved request for leave of absence without pay shall be
delivered promptly to the Human Resources Director.
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 or his/her designee. The procedure for
15 Nov. 12, 2019 Item #1 Page 21 of 129
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
E.
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 the Police Chief at
least fourteen ( 14) calendar days prior to the day he/she plans to return. The Police Chief
shall promptly notify the City Manager or his/her designee 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.
Leave Without Pay -Insurance Payments
An employee on leave without pay may continue his/her city insurance benefits by
reimbursing the city for the 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.
22.5 To the extent permitted by law, a leave of absence under this article will run concurrently with
any leave of absence an employee is entitled to receive under the California Family Rights Act or
the federal Family and Medical Leave Act.
22.6 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
Police Captains are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29
CFR Section 541.5d, the city can make deductions from salary or leave accounts for partial day
absences for personal reasons or sickness because the city has a policy and practice of requiring
its employees to be accountable to the public that they have earned their salaries. A partial day
absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation
29 CFR Section 541.118 (a)(2) and (a)(3), the city may make salary or leave reductions based
upon full day absences. Partial day or full day absences shall be first charged against the exempt
employee's vacation, sick, or executive leave account. In the event the exempt employee does not
have sufficient time in his/her leave account to cover the absence, deductions without pay will be
made on full days only.
22.7 Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for the
duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on
jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee. Employees released early from
jury duty shall report to their supervisor for assignment for the duration of the work day. At the
discretion of the supervisor, an employee may be released from reporting back to work if an
unreasonable amount of the work day remains in light of travel time to the job site after release.
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Nov. 12, 2019 Item #1 Page 22 of 129
Attachment A
ARTICLE 23. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the standards
and procedures contained in California Government Code sections 20000 et seq.
ARTICLE 24. VACATION
24.1 For employees active on payroll as of the first day of the pay period following City Council
ratification of this MOU, retroactive to January 1, 2019, vacation accrual shall be as follows.
Beginning with the first (1 st ) working day through the completion of five (5) full calendar
years of continuous service -14 minutes/day
Beginning the sixth ( 6 th ) year of continuous employment through the completion of ten (10)
full calendar years of continuous service -21 minutes/day
Beginning the eleventh (11 th ) year of continuous employment through the completion of
fifteen (15) full calendar years of continuous service -26 minutes/day
Beginning the sixteenth ( 16 th ) year of continuous employment, vacation time shall be
accrued, and remain at a rate of 33 minutes/day for every full calendar year of continuous
employment thereafter.
CPMA-represented employees with comparable service in local government agencies may
be granted credit for such service for the purpose of computing vacation at the discretion of
the City Manager.
24.2 Vacation Accrual Maximum
No employee will be allowed to accrue vacation hours in excess of the four hundred eighty (480)
hour maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably
deny requests for vacation time off. If there are unusual circumstances that would require an
employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the
Police Chief and the City Manager or his/her designee. The Police Chief and the City Manager or
his/her designee may grant such a request if it is in the best interest of the city. Requests will be
handled on a case-by-case basis and will be considered only in extreme circumstances.
24.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to one hundred sixty
( 160) hours of accrued vacation to cash, provided they have used at least eighty (80) hours of
vacation, executive time or floating holidays during the pay periods that fall within the prior
calendar year.
24.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
returning to work during vacation leave will be compensated as follows:
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24.5
(a) Court --For Lieutenants only, mandated court appearances during the time of an
employee's paid vacation leave from city service will be compensated at time and one half
the employee's regular rate of pay, with a minimum of four (4) hours.
(b) Duty Time -Employees returning to their regularly scheduled work time while on vacation
leave shall be paid their applicable regular rate of pay and not be charged the corresponding
vacation time.
(c) Non-Duty Time -Lieutenants returning to work at a time other than their regularly
scheduled work time while on vacation leave shall be paid at time and one half the
employee's regular rate of pay.
(d) Recall -This clause shall not limit the city's right to recall an employee from vacation in
the event of an emergency.
Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon
determination by the Police Chief that such absence will not materially affect the department.
Each employee must consider the needs of the service when requesting annual vacation leave.
An employee shall normally provide forty-eight ( 48) hour 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.
24.6 Terminal Vacation Pay
The dollar value of an employee's accrued vacation balance as of the employee's last day on
payroll shall be paid to the employee upon separation of employment at the employee's base rate
of pay at separation.
ARTICLE 25. HOLIDAYS
25.1 The city agrees to observe eleven (11) scheduled paid holidays per year. The holiday schedule
shall not interfere with, influence, or otherwise change the scheduling of shift employees by the
department.
Effective the first day of the first full pay period after ratification of this MOU employees will
accrue 2 floating holidays. Subsequently, employees will accrue 2 floating holidays each year on
July 1st. The floating holiday must be used in full day increments. There is no partial day use of
a floating holiday. The floating holiday will be treated in the same manner as the other 11
holidays except that unused floating holidays will not carry over to the next fiscal year and will
not be paid out upon separation of employment.
25.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
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Nov. 12, 2019 Item #1 Page 24 of 129
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Attachment A
25 .3 CPMA-represented employees who work a 5/8 schedule will be paid eight (8) hours of straight
time for each holiday. CPMA-represented employees who work a 9/80 schedule will be paid nine
(9) hours of straight time for each holiday. CPMA-represented employees who work a 4/10
schedule will be paid ten ( 10) hours of straight time for each holiday. CPMA-represented
employees who work a 3/12 schedule will be paid twelve (12) hours of straight time for each
holiday.
25.4 Lieutenants will be compensated in cash or compensatory time off (CTO) for holidays in the pay
period in which they occur. Lieutenants scheduled to work on a holiday who desire the day off
will utilize vacation or CTO.
Captains will be compensated in cash for holidays in the pay period in which they occur.
Captains scheduled to work on a holiday who desire the day off will utilize vacation or executive
time.
For purposes of this section, a shift trade will be considered part of an employee's regularly
scheduled work shift.
ARTICLE 26. ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work environment free
from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace
Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National
Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services
Administration (SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA certification. This
policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural
Bill of Rights (Government Code Section 3300 et seq.). This policy is intended to accomplish
that objective.
A. Definitions -As Used in This Policy:
1. "Drug" means any substance which produces a physical, mental, emotional or
behavioral change in the user, including but not limited to, prescription medications,
heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids.
2. "Workplace" means any site where city-assigned work is performed, including city
premises, city vehicles or other premises or vehicles, while city-assigned work is
being conducted, or within a reasonable time thereafter.
19 Nov. 12, 2019 Item #1 Page 25 of 129
B.
C.
3. "Reasonable suspicion" means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or drugs where such
impairment could negatively affect work performance or could pose a threat to
public or employee safety.
Employee Responsibilities
I. As a condition of employment, employees shall:
a. not engage in the unlawful manufacture, distribution, dispensation,
possession or use of alcohol or drugs nor be under the influence of
alcohol or drugs in the workplace or while on-call;
b. submit to an alcohol and drug analysis and remain on the premises
when requested to do so by city management, acting pursuant to this
policy, or by law enforcement personnel;
c. notify the city of any conviction under a criminal drug statute
(including any pleas of nolo contendere), if such conviction was based
on a violation which occurred in the workplace, no later than five days
after such conviction;
(notification under this subsection does not relieve an employee
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any medication or
drugs, prescription or non-prescription ( over-the-counter medications), which
interfere with safe or effective performance of their duties or operation of city
equipment.
3. Off-duty involvement with any controlled substance including, but not limited to
manufacture, distribution, dispensing, possession, use or any conviction under a
criminal drug statute whose scope and employment are relevant to city
employment may result in disciplinary action up to and including termination if
there is relevant nexus between such off-duty involvement and the employee's
employment with the city, consistent with the legal requirements for disciplinary
due process.
Consequences of Violation of Policy
I. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
20 Nov. 12, 2019 Item #1 Page 26 of 129
Attachment A
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and Alcohol Analysis
I. Upon receiving a conditional offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer," urine, or blood
analysis.
2. Persons whose results are positive for either drugs or alcohol will be rejected
for city employment.
B. Employee Drug and Alcohol Analysis
I. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the workplace or
subject to duty, the employee shall be:
a. Prevented from engaging in other work; and
b. Required to submit to a drug and alcohol analysis. At the city's
discretion, this analysis may be in the form of "breathalizer," urine, or
blood analysis.
c. An employee may also be required to remain on the premises for a
reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section l.A.3.
include, but are not limited to, the following, when confirmed by more than
one person having supervisory authority:
a. slurred speech.
b. alcohol odor on breath;
c. unsteady walking or movement not related to prior injury or disability;
d. an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the workplace
situation;
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal knowledge
that would lead a reasonably prudent supervisor to believe that an
employee is under the influence of alcohol or drugs.
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Nov. 12, 2019 Item #1 Page 27 of 129
III.
C.
3. Refusal to remain on the premises or to submit to a drug and alcohol analysis
when requested to do so by city management or by law enforcement officers
shall constitute insubordination and shall be grounds for discipline, up to and
including termination.
4. A drug and alcohol analysis may test for the presence of any drug which
could impair an employee's ability to effectively and safely perform the
functions of his or her job.
5. A positive result from a drug and alcohol analysis may result in disciplinary
action, up to and including termination.
6. City agrees to take steps to protect the chain of custody of any drug test
sample.
7. Employee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed necessary by
the city.
Random Selection Testing
Any CPMA-represented employee who operates a commercial vehicle (e.g., the
Public Safety Command Post vehicle) during the course of employment shall be
subject to random substance abuse tests. Refer to Administrative Order No. 64
for more information re: the drug and alcohol testing policy for employees in
safety sensitive positions.
EMPLOYEE ASSISTANCE PROGRAM
A. The city has a well established voluntary Employee Assistance Program (EAP) to
assist employees who seek help for substance abuse problems. The EAP is
available for assessment, referral to treatment, and follow-up. Any employee of
the city wishing confidential assistance for a possible alcohol or drug problem
can call the EAP office and arrange for an appointment with a counselor.
B. Employees who are concerned about their alcohol or drug use are strongly
encouraged to voluntarily seek assistance through the EAP. All self-referral
contacts are held in confidence by the EAP.
C. Participation in the employee assistance program will not replace normal
disciplinary procedures for unsatisfactory job performance or for violation of any
city policy.
ARTICLE 27. EMPLOYER SEARCHES
For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the
right to search, with or without prior notice to the employee, all work areas and property in which the city
maintains full or joint control with the employee, including, without limitation, city vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context
even if the employee has placed personal items in them. Employees are cautioned against storing
personal belongings in work areas and property under full or joint city control since such work areas may
be subject to investigation or search under this article.
22 Nov. 12, 2019 Item #1 Page 28 of 129
Attachment A
Employer searches may occur when there is a reasonable suspicion that the employee has violated a city
or department policy, directive, or work rule and that the area or property to be searched may contain
evidence of that violation. Searches will be conducted by persons having supervisory and/or other legal
authority to conduct them. Searches will not normally occur without the concurrence of more than one
supervisor.
If the Public Safety Officers Procedural Bill of Rights Act (Government Code sections 3300 et seq.) is
applicable to a particular search, then the city will comply with the Act notwithstanding anything to the
contrary in this article.
Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery
of evidence of a policy, directive, or work rule violation.
ARTICLE 28. COMPENSATION
All CPMA-represented employees active on payroll upon ratification of this MOU shall receive
a base salary increase depending on their job classification as shown below retroactive to January
1, 2019.
Increase Base Pay
Police Captain 3.75% $174,330.30/yr
Police Lieutenant 5.25% $70.56/hour
Effective January 1, 2020, all CPMA-represented employees active on payroll shall receive a
base salary increase depending on their job classification as shown below.
Increase Base Pay
Police Captain 3.75% $180,867 .68/yr
Police Lieutenant 5.25% $74.26/hour
Effective January 1, 2021, all CPMA-represented employees active on payroll shall receive a
base salary increase depending on their job classification as shown below.
Increase Base Pay
Police Captain 3.75% $187,650.22/yr
Police Lieutenant 5.25% $78.16/hour
ARTICLE 29. EXECUTIVE LEA VE
Police Captains shall receive sixty-four (64) hours per fiscal year for executive leave. The sixty-four (64)
hours will be credited at the beginning of each fiscal year to individual leave balances. This leave must
23
Nov. 12, 2019 Item #1 Page 29 of 129
be used within the same fiscal year. Upon the first day of the first full pay period following ratification of
this MOU, Police Captains will receive eight (8) additional hours of executive leave to reflect the increase
from fifty-six hours to sixty-four hours that occurred in Fiscal Year 2019-20.
The City Manager is authorized to provide ten ( I 0) additional hours of executive leave per year to any
CPMA-represented employee who is required to work extended hours due to emergencies such as fires,
storms, floods, or other emergencies.
ARTICLE 30. LIFE INSURANCE AND VOLUNTARY BENEFITS
All unit members shall receive City paid life insurance in an amount equal to two times the basic yearly
earnings. To determine benefits, the amount of insurance is rounded to the next higher $1,000 multiple,
unless the amount equals a $1,000 multiple.
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 31. SEPARATION COMPENSATION
All employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting
out of service or for other reasons not due to misconduct which would justify involuntary separation shall
receive one month's salary computed at the employee's actual salary at the time of separation.
ARTICLE 32. PHYSICAL FITNESS REIMBURSEMENT
All employees shall be eligible for reimbursement ofup to the amount of four hundred fifty dollars ($450)
during each fiscal year for the costs associated with physical fitness.
Each employee claiming reimbursement shall be required to submit proof of payment to the Human
Resources Department for approval and reimbursement.
The physical fitness reimbursement is offered to employees to promote optimum health. Services
include, but are not limited to: health assessment testing and examinations, computerized heart risk
profile, complete blood profile, fees paid to physical fitness providers ( effective January 1, 2019),
nutritional assessment and diet program.
ARTICLE 33. DEFERRED COMPENSATION
The City shall provide deferred compensation plan(s) which may be utilized by any employee. The City
reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of
any plan.
The City and the CPMA agree to work with the City's deferred compensation provider (currently ICMA
Retirement Corporation) to implement a personal loan provision for represented employees as soon as
administratively possible. It is acknowledged that the City will assist in the administrative set-up of this
benefit but that the City has no liability if an employee should default on the repayment of such a loan.
24
Nov. 12, 2019 Item #1 Page 30 of 129
Attachment A
ARTICLE 34. EDUCATIONAL INCENTIVE
Level I
Level II
Applicable to all employees in CPMA as of the pay period to include January 1, 2019.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of an Advanced certificate
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of two hundred fifty-eight ($258) biweekly. Eligibility for
receiving the compensation will be based upon the date the employee provides
evidence of eligibility to the Professional Standards Division Sergeant. It is the sole
responsibility of the employee to make notification of eligibility for the education
incentive pay.
Applicable to all employees in CPMA as of the pay period to include January 1, 2019.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of a Management certificate
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of four hundred fifty-two ($452) biweekly. Eligibility for
receiving the compensation will be based upon the date the employee provides
evidence of eligibility to the Professional Standards Division Sergeant. It is the sole
responsibility of the employee to make notification of eligibility for the education
incentive pay.
An employee who meets the criteria for compensation under more than one level, above, shall receive
compensation for only the highest such level for which he or she qualifies.
ARTICLE 35. RE-OPENER
35.1 Technology
At any time during the term of this Memorandum, the city may reopen negotiations on the
implementation of technological changes affecting the Police Department. CPMA acknowledges
that the city has the management right to decide to change the technology used in the Police
Department and that any negotiations shall be regarding the effects of the city's decision on
CPMA members.
At any time during the term of this Memorandum, the city may reopen negotiations on the issue
of health insurance benefits in order to reduce or eliminate penalties under the ACA.
35.2 CalPERS Rate
At any time during the term of the MOU, after CalPERS announces its actual rate of return for
the prior fiscal year, if the CalPERS actual rate of return is less than CalPERS' expected rate of
return (the expected rate of return or "discount rate" in effect during that same prior fiscal year),
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Nov. 12, 2019 Item #1 Page 31 of 129
35.3
the City may reopen negotiations on the issue of employee cost sharing toward the City's
required contribution to CalPERS for CPMA members. Any changes shall be by mutual
agreement only.
Disability Insurance
At any time during the term of the MOU, the City may reopen negotiations to discuss the
disability insurance benefits for CPMA members.
ARTICLE 36. TEMPORARY UPGRADE PAY
Whenever the perceived needs of the City require an employee to temporarily perform all of the duties of
a job classification that has a higher pay range than the pay range associated with their current job
classification for a period of more than twenty-one (21) consecutive calendar days, the employee shall be
designated as being in an acting assignment and shall receive additional temporary upgrade pay while in
the acting 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%) and not more than fifteen percent ( 15%) greater than his/her
current base salary. Subsequent to designation in an acting assignment, in the event that the City does not
need the employee to serve in an acting assignment for at least twenty-one (21) consecutive calendar
days, the employee shall receive the temporary upgrade pay for that period of time the acting assignment
lasts. In the event that at the beginning of an acting assignment, it is not perceived that the acting
assignment will last at least twenty-one (21) consecutive calendar days, and the acting assignment
nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the acting
assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment.
Temporary upgrade pay is reported to CalPERS except for those employees who are "New Members" as
defined by the California Public Employees' Pension Reform Act of2013 (PEPRA).
The additional pay shall commence on the first (1st) calendar day of the temporary reassignment of the
performance of duties of the higher classification. The recommendation that an employee be required to
perform duties of the higher classification shall be placed in writing by the Police Chief and submitted to
the Human Resources Director for approval.
An employee may not serve in an acting capacity for more than six (6) months without prior approval
from the Police Chief.
A person appointed to an acting assignment shall be eligible to receive merit increases in his/her regular
position during the acting assignment. The Human Resources Director shall obtain the employee's
acknowledgement of the temporary performance of all of the duties of the higher classification prior to
the employee's assuming or continuing the duties and additional compensation. The acknowledgement
form shall clearly state that it is understood that a reduction in salary shall be effected to his/her original
salary rate upon the expiration of the need for the performance of the duties of the higher classification.
ARTICLE 37. POLICE CAPTAIN AND CITY OF CARLSBAD PERSONNEL RULES AND
REGULATIONS
Article 6 (Examinations), Article 7 (Employment Lists) and Article 8 (Method of Filling Vacancies) of
the City of Carlsbad Personnel Rules and Regulations do not apply to the Police Captain job
classification.
26
Nov. 12, 2019 Item #1 Page 32 of 129
Attachment A
ARTICLE 38. SHIFT DIFFERENTIAL
Effective upon the first day of the first full pay period following ratification of the MOU, all
Police Lieutenants who work or who take paid leave for a night shift (i.e., a shift in which five or
more hours of their shift are after 1700 hours and before 0600 hours) shall be eligible for Shift
Differential Pay. Shift Differential Pay shall be equal to three percent (3%) of the base pay rate
and will be paid for the night shift (all hours worked), inclusive of all paid leave or paid time
during a leave of absence, except 1) when the employee is on an extended leave of absence as
defined in Article 22.3 or 2) time off due to a shift trade. Shift Differential Pay shall be included
in the regular rate of pay in conformance with the FLSA as it relates to calculating overtime pay.
Shift Differential Pay shall not be included in the definition of "straight time" for purposes of
calculating holiday pay as defined in Article 25.
A person regularly scheduled on a shift that meets the requirements defined in this section who
temporarily works on another shift that does not meet the requirements defined in this section
will not receive the Shift Differential Pay. This is not a vested right and is not grievable.
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Nov. 12, 2019 Item #1 Page 33 of 129
IN WITNESS WHEREOF. the pa1ties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
Date
APPROVED AS TO FORM:
~-uA1~-=
CELIA BREWER. City Attorney
CARLSBAD POLICE MANAGEMENT ASSOCIATION
~~-
GREGORY KORAN. President
Nov. 12, 2019 Item #1 Page 34 of 129
Administrative Order No. 64 (Revised 11/12/2019)
This order supersedes Administrative Order No. 64 dated 09/10/2019
Date: 10/12/19
To: All City Departments
From: Scott Chadwick, City Manager
{Cityof
Carlsbad
Subject: DRUG AND ALCOHOL TESTING POLICY FOR EMPLOYEES IN SAFETY SENSITIVE
POSITIONS
PURPOSE:
To implement a drug and alcohol testing policy for employees who operate commercial vehicles
to ensure that employees are fit for duty and to protect our employees and the public from risks
posed by the use of alcohol and controlled substances. This policy also complies with the policy of
the U.S. Department of Transportation and Federal Motor Carrier Safety Administration's
regulations.
POLICY:
See Attachment A
BACKGROUND:
The City of Carlsbad implemented a Drug and Alcohol Testing Policy for Commercial Drivers in
1997 in response to a Federally mandated program governed by the Department of
Transportation. Periodically, the Department of Transportation amends its policy for commercial
drivers and the Federal Motor Carrier Safety Administration amends its policy. The attached City
of Carlsbad policy is updated to reflect the recent changes mandated by these federal agencies.
ACTION:
This Administrative Order is effective immediately.
scoffcHAow1cK
City Manager
City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov Nov. 12, 2019 Item #1 Page 35 of 129
Attachment A
CITY OF CARLSBAD
DRUG & ALCOHOL TESTING POLICY
FOR EMPLOYEES IN SAFETY SENSITIVE
POSITIONS
2
Nov. 12, 2019 Item #1 Page 36 of 129
CITY OF CARLSBAD DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES IN
SAFETY. SENSITIVE POSITIONS
TABLE OF CONTENTS
SECTION
A. PURPOSE
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
CONT ACT FOR POLICY QUESTIONS
COVERED EMPLOYEES
SAFETY SENSITIVE FUNCTIONS
PROHIBITED CONDUCT
CONSEQUENCES FOR VIOLATIONS
REFUSAL TO SUBMIT TO AN ALCOHOL OR DRUG TEST
DRUG TESTING
ALCOHOL TESTING
TYPES OF TESTS REQUIRED
1. Pre-employment/Pre-Duty Testing
2. Post-Accident
3. Random Testing
4. Reasonable Suspicion
5. Return-to-Duty/Follow-up
PRESCRIPTION DRUG USE
CONSEQUENCES OF POSITIVE TEST RES UL TS
SUBSTANCE ABUSE PROFESSIONAL
COVERED EMPLOYEE ASSISTANCE PROGRAM
RECORD KEEPING
ACCESS TO RECORDS
TRAINING
NOTICE TO COVERED EMPLOYEES
COMPLIANCE WITH FEDERAL LAW
APPENDIX A -LIST OF COVERED CLASSIFICATIONS
APPENDIX B-DEFINITIONS
APPENDIX C-TESTING PROCEDURES
3
PAGE NUMBER
4
5
5
5
6
7
7
8
10
IO
1 1
12
13
14
14
14
15
15
15
16
17
17
17
18
19
23
Nov. 12, 2019 Item #1 Page 37 of 129
DRUG & ALCOHOL TESTING POLICY
FOR EMPLOYEES IN SAFETY SENSITIVE POSITIONS
The City of Carlsbad is committed to a workplace free from the influence and effects of
drugs and alcohol that may adversely affect a covered employee's work performance,
efficiency, safety and health. It is important to ensure the welfare and safety of all covered
employees to perform their work in a drug-free environment. In support of this
commitment, the City's Drug and Alcohol Policy has been established for all covered
employees consistent with the Drug Free Workplace Act.
For those employees whose job requires specific use of a commercial vehicle, this policy has
been established to outline requirements consistent with the Department of Transportation
regulations related to commercial drivers. Any covered employee who violates this policy,
jeopardizes the safety or welfare of themselves or others, or creates risk of property loss or
damage may be subject to disciplinary action including termination of employment.
A. PURPOSE
This policy establishes guidelines in compliance with the Federal Drug-Free
Workplace Act of 1988, the Omnibus Transportation Employee Testing Act of 1991
(Omnibus Act), the Federal Transportation Administration, Federal Motor Carrier
Safety Administration, (FMCSA) regulations of 1994 (49 C.F.R. parts 40 and 382 et
seq.), the California Drug-Free Workplace Act of 1990, and Section 34520(a) of the
California Vehicle Code. DOT Regulations require that regular drug and alcohol
testing be performed on employees in safety-sensitive positions who operate specified
commercial vehicles.
The purpose of this policy is to assure that City commercial vehicles are operated in a
safe manner and that the public is protected from risks associated with the use of
alcohol or drugs in the operation of City commercial vehicles.
Members of the Carlsbad City Employees' Association (CCEA) are still required to
comply with the provisions of the drug and alcohol policy included in any applicable
Memorandum Of Understanding (MOU). The obligations and requirements set forth
below are in addition to existing provisions, and shall prevail where provisions in the
MOU conflict with this Policy.
Covered employees are required to submit to alcohol and drug testing administered
in accordance with federal regulations as a condition of employment. Covered
employees shall be asked to sign a statement certifying that they have each received
a copy of this policy and understand its contents.
This policy complies with 49 CFR Part 655, as amended, 49 CFR Part 382, as
amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 can be
found on the internet at the Department of Transportation Office of Drug and Alcohol
Policy and Compliance website http://www.dot.gov/odapc.
4
Nov. 12, 2019 Item #1 Page 38 of 129
B.
C.
D.
CONTACT FOR POLICY QUESTIONS
Covered employees having any questions regarding their rights and obligations under
this policy should submit their questions to the Human Resources Department.
COVERED EMPLOYEES
Individuals who are required to have or utilize a commercial driver's license to
operate (i.e., drive) the following commercial motor vehicles are considered "covered
employees":
1. a vehicle with a gross combination weight of at least 26,001 pounds or more,
inclusive of a towed unit with a gross vehicle weight rating of more than
10,000 pounds;
2. a vehicle with a gross vehicle weight of at least 26,001 pounds;
3. a vehicle designed to transport 16 or more passengers, including the driver; or
4. a vehicle of any size required to be placarded under Department of
Transportation hazardous material regulations.
The City of Carlsbad job classifications listed in Appendix A require or utilize a
commercial driver's license, and are therefore subject to the provisions of this policy.
However, a covered employee may be given a written exemption from this policy
signed by the Human Resources Director if the covered employee's classification is
listed in Appendix "A" but the covered employee does not operate, and is not
expected to operate, the commercial motor vehicles listed above.
All covered employees will be subject to pre-employment, reasonable suspicion, post-
accident, random, return-to-duty, and follow-up drug and/or alcohol testing.
Applicants for safety-sensitive positions will not be hired, nor will current covered
employees be assigned to safety sensitive functions unless they pass a drug test.
Pre-employment Ing_uiries
Applicants for classifications listed in Appendix A will be subject to inquiries about
any violations from prior employers within the past ten years which shall include,
but not be limited to, testing positive or refusal to take a pre-employment test.
SAFETY SENSITIVE FUNCTIONS
Covered employees shall not be under the influence or in possession of alcohol or
controlled substances during work hours, standby hours, or when engaged in any of
the following safety sensitive functions involving a commercial motor vehicle (CMV):
1. Driving or being in a CMV.
2. Performing maintenance on a CMV.
3. Inspecting or servicing a CMV.
4. Loading or unloading a CMV.
5. Supervising or assisting the loading or unloading of a CMV.
6. Attending a vehicle being loaded or unloaded.
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Nov. 12, 2019 Item #1 Page 39 of 129
E.
7. Waiting to load or unload a CMV or waiting to be dispatched.
8. While in readiness to operate a CMV.
9. While obtaining assistance or remaining in attendance on a disabled CMV.
10. Performing all other functions in or upon a CMV (except resting in a sleeper
berth).
11. When submitting to a test required by this policy.
PROWBITED CONDUCT
Covered employees shall not engage in any of the following conduct while performing,
preparing to perform, or waiting to perform a safety-sensitive function:
l. Covered employees are prohibited from reporting for duty or staying on duty:
a. with a blood alcohol concentration of 0.02 or greater;
b. if in possession of alcohol or products containing alcohol;
c. if consuming alcohol;
d. within four hours after using alcohol; or
e. with a quantifiable presence of marijuana, cocaine, phencyclidine (PCP),
opiates or amphetamines in the body above the minimum thresholds
required by law.
2. Covered employees who have been involved in an accident may not use alcohol
until post-accident testing is done (see Section 1-2) or for a period of eight (8)
hours after the accident, whichever occurs first.
3. Covered employees may not report for duty or stay on safety sensitive duty if
the covered employee uses any controlled substance. Exceptions may be
made in the case of controlled substances prescribed by a licensed medical
practitioner, provided the licensed medical practitioner has indicated that the
substance will not adversely affect the covered employee's ability to perform
safety-sensitive functions, and such usage is reported by the covered employee
to the employee's supervisor.
4. Covered employees may not report for duty or stay on safety sensitive duty if
they have tested positive on a drug and/ or alcohol test or have adulterated or
altered a specimen as evidenced by test results showing either a substance
that is not a normal constituent for that type of specimen or showing an
abnormal concentration of an endogenous substance. A "positive test"
includes a blood alcohol concentration equal to or greater than 0.02 on an
alcohol test, and/ or a positive finding for controlled substances on a drug test.
5. Covered employees shall not directly or through a third party, manufacture,
sell, distribute, dispense, or otherwise attempt to manufacture, sell, or
distribute alcohol, drugs, or controlled substances during work hours,
including meal or rest breaks or while on City premises.
6. Covered employees shall not possess alcohol or drugs while on duty, while on
City property, or in a City vehicle nor shall they use City property or premises
to manufacture, sell, or distribute alcohol, drugs, or controlled substances.
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Nov. 12, 2019 Item #1 Page 40 of 129
7. Covered employees shall not refuse to submit to drug or alcohol testing as
required by federal law or regulation (see Section G), or report to duty or
remain on duty to perform any safety sensitive function after refusing to
submit to testing.
8. A covered employee's absences or tardiness as a result of having been under
the influence of alcohol, drugs, or controlled substances during non-work time
shall be considered unexcused absences.
F. CONSEQUENCES FOR VIOLATIONS
Following a positive drug or alcohol (BAC at or above 0.04) test result or test
refusal, the covered employee will be immediately removed from safety-
sensitive duty and may be referred to a Substance Abuse Professional.
Following a BAC of 0.02 or greater, but less than 0.04, the covered employee
will be immediately removed from safety-sensitive duties for at least eight (8)
hours unless a retest results in the covered employee's alcohol concentration
being less than 0.02.
G. REFUSAL JO SUBMIT TO AN ALCOHOL OR DRUG JEST
A covered employee who refuses to submit to alcohol or drug testing required by the
City pursuant to this policy, shall be prohibited from performing or continuing to
perform safety sensitive functions. A covered employee's refusal to submit to alcohol
or drug testing required by the City for any reason shall be considered an act of
insubordination and may result in disciplinary action, up to and including
termination.
Refusal to submit includes, but is not limited to:
1. Failure to provide adequate quantity of breath for alcohol testing, without valid
medical explanation, after being notified of the requirement for breath testing;
2. Failure to provide an adequate quantity of urine sample for drug testing,
without a genuine inability to provide a specimen (as determined by medical
evaluation), after being notified of the requirement for urine testing;
3. Engaging in conduct that clearly obstructs the testing process, i.e., failure to
permit monitoring or observation of provision of a sample;
4. Refusal to sign any required forms, or refusal to otherwise cooperate with the
testing process;
5. Not reporting to the collection site in the time allotted by the supervisor or
manager who directs the covered employee to be tested;
6. Failure to remain at the testing site until the testing process is complete;
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Nov. 12, 2019 Item #1 Page 41 of 129
7. Leaving the scene of an accident without authorization from a supervisor or
manager charged with determining whether or not testing is necessary;
8. Consuming alcohol during the eight (8) hours immediately following an
accident and prior to testing;
9. If the Medical Review Officer (MRO) reports that you have a verified
adulterated or substituted test result;
10. Failure to take a second test if required by the supervisor or manager, or the
test collector; and
11. Failure to undergo a medical exam or evaluation as directed by the MRO, as
part of the verification process. In the case of pre-employment controlled
substance testing this does not apply unless a contingent offer of employment
has been made.
H. DRUG TESTING
Drug testing involves urine sampling and shall be conducted in strict accordance
with the procedures required by the Department of Transportation. The sample shall
be collected in a private location, and split into two specimens for the purpose of
retesting if necessary. Testing shall be conducted by a laboratory certified by the
Department of Health and Human Services.
Urine specimens shall be screened for the following substances:
1. Amphetamines/Methamphetamines/MDMA (i.e. speed and crystal);
2. Cocaine metabolites;
3. Opiates (i.e. codeine, heroin, and morphine);
4. Phencyclidine (PCP), and
5. THC (Marijuana).
Drug testing is a two-stage process. If an initial screening is positive for one or more
of the above drugs, then a second "confirmation" test will be performed for each
identified drug using state-of-the-art gas chromatography /mass spectrometry
(GC/MS) analysis. GC/MS is used to perform specific test which positively identifies
the presence of a particular substance.
The urine samples also undergo validity testing. This testing evaluates the specimen
to determine if it is consistent with normal human urine. The purpose of validity
testing is to determine whether certain adulterants orforeign substances were added
to the urine, if the urine was diluted, or if the specimen was substituted.
MRO Verification of Positive Test Results
A Medical Review Officer (MRO) will review and verify all positive drug test results
and dilute results. The MRO will be a licensed physician (medical doctor or doctor of
osteopathy) with knowledge of substance abuse disorders and appropriate medical
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Nov. 12, 2019 Item #1 Page 42 of 129
training to interpret and evaluate art affected covered employee's test result, medical
history, and other relevant biomedical information.
Prior to verifying a positive drug test result, the MRO will contact the affected covered
employee, on a confidential basis, to provide the covered employee with an
opportunity to discuss the test result. If, after making reasonable efforts, the MRO is
not able to contact the affected covered employee directly, the MRO will contact the
City Designated Employer Representative (DER). The DER will, in a confidential
manner, immediately contact the covered employee and request that the covered
employee contact the MRO immediately. The DER will then notify the MRO that this
request has been made of the covered employee. The DER will also inform the
covered employee of the consequences of failing to contact the MRO within the next
72 hours.
The MRO may verify the positive and dilute test result without input from the
affected employee:
I. If the employee specifically declines to discuss the test result; or
2. If, after making reasonable efforts, neither the MRO nor the DER is able to
contact the affected covered employee within 10 days after the MRO receives
the positive test result from the laboratory; or
3. If the covered employee fails to contact the MRO within 72 hours after being
requested to do so by the DER.
4. In the case of a dilute result the MRO may request the covered employee to
submit to a repeat test upon learning of this result. The recollection may be
ordered under observation and with a minimum of advanced notice.
If a serious injury or illness or other unavoidable circumstances prevented the
covered employee from contacting the MRO within the above time frames, the covered
employee may present documentation of the injury, illness or circumstances to the
MRO within 60 days of the verification. The MRO may elect, based on the
information, to reopen the verification and allow the covered employee an opportunity
to provide a legitimate explanation for the positive test result. If the MRO concludes
that there is a legitimate explanation the MRO will declare the test result to be
negative.
Notification of Tests Results by MRO and Testing of Split Specimen
Ifthe MRO verifies a positive drug test result, the MRO will notify the DER. In
addition, the MRO will notify and advise the affected covered employee that the
covered employee has 72 hours from the time of notification in which to request a
test of the split specimen. If the covered employee makes such a request, the MRO
will direct the laboratory who conducted the primary test to provide the split
specimen to another certified laboratory for analysis.
If the analysis of the split specimen fails to reconfirm the presence of drugs or if the
split specimen is unavailable, inadequate for testing, or untestable, the MRO shall
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cancel the test and report the reasons for the cancellation to the Department of
Transportation, the City DER and the affected covered employee. If the split
specimen is reconfirmed, the MRO shall notify the DER and the covered employee of
the test results.
If a serious injury or illness or other unavoidable circumstances prevented the
covered employee from contacting the MRO within 72 hours to request a test of the
split specimen, the covered employee may present documentation of the injury,
illness or circumstances to the MRO. If the MRO concludes that there is a legitimate
explanation for the covered employee's failure to contact the MRO within 72 hours,
the MRO shall direct that the analysis of the split specimen be performed.
Notification of Test Results by City
The Designated Employer Representative will notify an applicant of the results of a
pre-employment drug test if the applicant requests the results within 60 calendar
days after having been notified of the disposition of the employment application. The
Designated Employer Representative will notify a covered employee of the results of a
random, reasonable suspicion, or post-accident drug test if the test results are
verified positive. The Designated Employer Representative will also notify the covered
employee which drug(s) were verified as positive.
I. ALCOHOL TESTING
J.
Alcohol testing will meet federal regulations requiring the use of an evidential breath-
testing device (EBT) approved by the National Highway Traffic Safety Administration
(NHTSA). The alcohol screening will be performed by a trained and certified Breath
Alcohol Technician (BAT). An alcohol testing form will be completed by the covered
employee and the BAT to ensure the results are properly recorded.
Two breath tests are required to determine if the covered employee has a prohibited
alcohol concentration. An initial screening test will be conducted first, and any
result less than 0.02 alcohol concentration will be considered a negative test with no
further testing required.
If the alcohol concentration is 0.02 or greater, a second "confirmation" test shall be
conducted. When a confirmation test is required, the EBT equipment shall print the
screening and confirmation test numbers in sequential order. The device shall also
print the result, date and time of both tests, along with the name and serial number
of the EBT equipment in order to ensure the reliability of the results.
TYPES OF TESTS REQUIRED
The following tests are required by the regulations for covered employees who
perform safety sensitive functions:
1. Pre-employment/Pre-Duty Testin,:
Pre-employment alcohol tests are conducted after making a conditional offer of
employment or transfer. All applicants for classifications which are covered by
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Nov. 12, 2019 Item #1 Page 44 of 129
this policy, including covered employees who transfer from non-covered to
covered classifications, will be required to submit to pre-employment/pre-duty
drug testing after a conditional offer of employment or transfer is made and
prior to performing safety sensitive functions. Applicants will not be hired,
assigned and/ or transferred to a safety sensitive function if they refuse to take
a drug test or have a positive test result. Similarly, a negative pre-employment
drug test result is required before covered employee can first perform safety-
sensitive functions. If a pre-employment test is cancelled, the individual will
be required to undergo another test and successfully pass with a verified
negative result before performing safety-sensitive functions.
Covered applicants who have previously failed or refused a DOT pre-
employment drug and/ or alcohol test with a prior employer must provide proof
of having successfully completed a referral, evaluation, and treatment plan
meeting DOT requirements.
2. Post-Accident
Post-accident alcohol testing will be conducted on all covered employees as
soon as practicable following:
a. an accident involving a human fatality; QI .
b. an accident for which the covered employee receives, within eight hours
after the accident, a traffic citation for a moving violation and one of
following also occurs:
(1) bodily injury necessitating immediate receipt of medical
treatment away from the accident scene; or
(2) vehicle damage necessitating the vehicle be towed away from the
accident scene.
In addition, any other covered employee whose performance could have
contributed to the accident, as determined by the City using the best
information available at the time of the decision, will be tested.
The above testing requirements do not applyto:
a. an accident involving only boarding or alighting from a stationary
motor vehicle;
b. an accident involving only the loading or unloading of cargo; or
c. an accident that occurs in the course of operating a passenger car or a
multipurpose passenger vehicle unless the motor vehicle is transporting
passengers for hire or the motor vehicle is required to be placarded
under the Department of Transportation hazardous material
regulations.
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Nov. 12, 2019 Item #1 Page 45 of 129
Post-accident alcohol tests should be administered within 2 hours, but not
later than 8 hours following an accident. A post-accident dru~ test must be
conducted within 32 hours following the accident. If an alcohol test is not
administered within 2 hours or a drug test is not administered within 32
hours following an accident, the City shall prepare and maintain a record
stating the reasons the test was not promptly administered.
A covered employee who is subject to post-accident testing must remain
readily available for such testing or may be deemed as refusing to submit to
testing. However, this requirement should not prohibit a covered employee
from leaving the scene of an accident to request assistance in responding to
the accident, or delay obtaining necessary emergency medical treatment for
any injured people.
A covered employee will not be allowed to consume any alcohol for up to 8
hours after an accident unless the covered employee has already been tested
re~ardin~ the specific accident or the covered employee has been specifically
released from the testing obligation.
3. Random testiue:
Random drug and alcohol tests are unannounced and unpredictable, and the
dates for administering random tests are spread reasonably throughout the
calendar year.
Covered employees will be subject to and must submit to random drug and
alcohol testing as follows:
Each year the City will conduct a number of random alcohol tests equal to at
least 10%of the average number of covered employees. This percentage rate
may be adjusted in the future based on the nationwide violation rates. A
random alcohol test will only be administered just prior to or while the covered
employee is performing a safety sensitive function, or just after the covered
employee has stopped performing a safety sensitive function.
Each year the City will conduct a number of random dru~ tests equal to at
least 50%of the average number of covered employees. This percentage rate
may also be adjusted in the future based on the nationwide violation rates. A
random drug test may be administered at any time while on duty, regardless of
the functions being performed.
The City will select covered employees for random alcohol and controlled
substances using a scientifically valid method, such as a random number
table or a computer-based random number generator that is matched with
employee numbers or other comparable identifying numbers. Tests will be
unannounced and spread throughout the calendar year.
Under the selection process used, each covered employee shall have an equal
chance of being tested each time selections are made. Consequently, some
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Nov. 12, 2019 Item #1 Page 46 of 129
covered employees may be tested more than once a year, while other may not
be tested at all. Once a covered employee has been notified that he or she has
been selected for testing, he or she must be available for testing and must
proceed to the testing site immediately .
. 4. Reasonable Suspicion
The City will require a covered employee to submit to an alcohol and/or drug
test whenever a trained City official or supervisor has reasonable suspicion
that the covered employee has violated the prohibitions in this policy
concerning alcohol and drug use. The determination that reasonable
suspicion exists for alcohol and/ or drug testing must be based on specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the covered employee. For drug testing, the
observations may also include indications of the chronic and withdrawal
effects of drugs.
Alcohol testing under this section will only occur if the observations described
above are made just prior to or while the· covered employee is performing
safety-sensitive functions, or just after the covered employee has stopped
performing such functions. The alcohol test should be administered within
two hours, but cannot be administered any later than eight hours, following
the determination that there is reasonable suspicion for the test. If the alcohol
test is not administered within eight hours, the DER shall prepare and
maintain a record stating the reasons for not administering the test.
Even when a reasonable suspicion alcohol test is not administered under this
section, if a trained City official or supervisor has reasonable suspicion that a
covered employee is under the influence of or impaired by alcohol, the covered
employee may not report for or perform safety-sensitive functions until either:
a. An alcohol test is administered and the covered employee's alcohol
concentration measures less than 0.02; or
b. Twenty-four hours have elapsed following the reasonable suspicion
determination.
The trained City official or supervisor who made the observations leading to a
reasonable suspicion alcohol or drug test must make and sign a written record
of those observations within 24 hours of the observations or before the results
of the test are released, whichever is earlier.
To ensure that supervisors are trained to make reasonable suspicion
determinations, those vested with such authority will attend at least one hour
of training on drug use and at least one hour of training on alcohol misuse.
The training will cover the physical, behavioral, speech and performance
indicators of probable alcohol misuse and use of drugs.
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s. Return-to-duty/Follow-up
Any covered employee who has violated the provisions of this policy, and who
the City continues to employ, must submit to a return-to-duty alcohol or drug
test before they can return to their safety-sensitive position. The alcohol test
must indicate an alcohol concentration of less than 0.02 and the drug test
must have a verified negative result.
In addition, if a covered employee tests positive on an alcohol or drug test
administered under this policy and the City decides to continue to employ this
individual, the covered employee will be evaluated by a Substance Abuse
Professional (SAP) to determine what assistance the covered employee needs in
resolving problems associated with alcohol misuse or drug use. If the SAP
determines that the covered employee requires such assistance, the covered
employee will be subject to unannounced follow-up alcohol or drug tests
following the employee's return to duty. The number and frequency of the
follow-up tests shall be determined by the SAP, but will consist of at least six
unannounced follow-up tests in the first 12 months following the covered
employee's return to duty and the testing period may continue up to a period
of 60 months.
Follow-up alcohol testing will be conducted just prior to or while the covered
employee is performing safety-sensitive functions, or just after the covered
employee has stopped performing such functions.
K. PRESCRIPTION DRUG USE
L.
Prescription drugs shall not be possessed or used by a covered employee other than
the covered employee for whom the drug is prescribed by a licensed medical
practitioner. A prescription drug shall be used only in the manner, combination, and
quantity prescribed. A covered employee must advise his or her supervisor of the use
or influence of any prescription drug prior to beginning work, when taking the
medication or drug could interfere with the safe and effective performance of duties,
or the operation of a City vehicle, such that the covered employee poses a direct
threat to the health and safety of himself /herself or others.
A covered employee's failure to provide this notice in a timely manner can result in
discipline, up to and including termination of employment. In the event there is a
question regarding a covered employee's ability to safety and effectively perform
assigned duties while using such medications or drugs, clearance from a qualified
physician may be required.
CONSEQUENCES OF POSITIVE TEST RESULTS
If results of a post-accident, random, or reasonable suspicion alcohol or drug test are
positive, or if a covered employee has refused a test (including adulterating or
substituting a urine sample), the City will take the following actions:
1. Immediately remove any covered employee who has engaged in prohibited
drug or alcohol use from his or her safety sensitive functions.
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Nov. 12, 2019 Item #1 Page 48 of 129
M.
2. A covered employee whose alcohol test indicates an alcohol concentration level
of greater than 0.02, but less than .04, will be removed from his or her safety
sensitive duties and other assigned duties for at least 24 hours, and will be
subject to disciplinary action, up to and including termination. The covered
employee will be retested before returning to safety sensitive duties.
3. If a covered employee tests positive for drugs, or if the alcohol concentration
level is 0.04 or greater, the covered employee will be removed from his or her
safety-sensitive position until an evaluation has been completed by a
Substance Abuse Professional (SAP) 1 and any recommended treatment is
concluded as determined by the SAP. A satisfactory return-to-duty test must
be achieved before the covered employee can return to safety sensitive duties.
4. A positive alcohol or drug test will be the basis for disciplinary action, up to
and including termination.
5. A violation of this policy also constitutes a violation of the City's general Drug
and Alcohol policy, and disciplinary action will be implemented, up to and
including termination. Discipline may be imposed regardless of whether or
not a covered employee is convicted of any crime related to any violation of this
policy.
6. A covered employee's violation of the City's Drug and Alcohol policy that may
constitute criminal conduct or violation of the DOT regulations may be
reported to the appropriate law enforcement agencies or subject the covered
employee to civil penalties.
SUBSTANCE ABUSE PROFESSIONAL
The City will provide only an assessment by a Substance Abuse Professional. If
employment is continued, the City has no obligation to provide or pay for further
treatment or rehabilitation, as this is the responsibility of the .covered employee.
However, some financial assistance may be available under the City's health
insurance plan.
N. COVERED EMPLOYEE ASSISTANCE PROGRAM
The City has retained the services of an Employee Assistance Program (EAP).
Covered employees with drug or alcohol problems are encouraged to consult with the
EAP and obtain services in accordance with regular City procedures.
o. RECORD KEEPING
Records shall be maintained on test results, prevention programs, policies, training,
drug use and alcohol misuse, refusals to submit to testing, covered employee
evaluations, and the annual summary of the City's testing program. The retention
period for the records is as follows:
1 A Substance Abuse Professional is a licensed physician. psychologist, social worker, or addiction counselor
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Nov. 12, 2019 Item #1 Page 49 of 129
P.
1. Five-Year Retention Period
This pertains to the results of alcohol tests of 0.02 or higher, verified positive
drug tests, documentation of any covered employee who has refused to submit
to a required drug or alcohol test, calibration documents, covered employee
assessments and referrals by the Substance Abuse Professionals, documents
related to the administration of the testing program, and each calendar year
summary.
2. Two-Year Retention Period
This pertains to records documenting the collection process for the drug and
alcohol tests, and training of supervisors.
3. One-Year Retention Period
This pertains to any alcohol test results that are less than 0.02 and the
documentation of any negative or canceled drug test.
Indefinite Retention Period
This pertains to records of the education and training of breath alcohol technicians,
screening test technicians, supervisors, and covered employees. These recordsshall
be maintained by the City ( or, where appropriate, the City's testing agent) during the
period the individual who is the subject of the records performs the functions which
require the training and for two years after the individual ceases to perform those
functions.
Confidentiality of Records
Laboratory reports or test results shall not appear in a covered employee's general
personnel folder, except when a covered employee is disciplined because of the
results of those tests. All test results and report information will be contained in a
separate confidential medical file that will be kept under the control of the DER. Test
results may be disclosed to City management on a need-to-know basis and to the
tested covered employee, or to the designated representative of the tested covered
employee upon written request from the covered employee.
All records will be kept strictly confidential; however, the regulations require that
they be made available for inspection at the City within two business days following a
request by an authorized person as listed below.
ACCESS IP RECORDS
The following agencies shall have access to all testing records without the verbal or
written consent of covered employees:
1. the City of Carlsbad decision-makers in proceedings initiated either by the City
or the covered employee as a result of testing;
2. the Department of Transportation or any state or local official with regulatory
authority over the City or any of its covered employees; or
3. the National Transportation Safety Board when conducting an investigation of
an accident where drug and/ or alcohol testing was performed.
4. All who are listed in FMCSR's (382.405)
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Q. TRAINING
R.
s.
The City will provide information concerning the City's procedures regarding drug
use and alcohol misuse to supervisors and covered employees. City training shall
include one (I) hour of training for covered employees and two (2) hours of training
for supervisors on the topics required by the Department of Transportation.
NOTICE TO COVERED EMPLOYEES ·
Covered employees will receive a copy of this policy prior to its effective date.
Covered employees who are hired after the effective date shall be given a copy at the
time they begin employment with the City.
COMPLIANCE WITH FEDERAL LAW
At all times, the City will comply with the current applicable federal law concerning
drug and alcohol testing. Issues or inconsistencies that are not addressed in this
policy will be determined by referring to the law and official regulations outlining
policies and procedures, etc. relative to the law. Due to the complexities involving
the law and this type of policy, not all of the particulars may necessarily be covered
in this policy. The City reserves the right to make changes to this policy that are
mandated by law at any time.
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APPENDIX A
LIST OF COVERED CLASSIFICATIONS
The following job classifications require or utilize a commercial driver's license, and are therefore
subject to the provisions of this policy:
PARKS AND RECREATION
Bus Driver, part-time (if employee possesses a commercial driver's license)
Park Maintenance Worker II (if employee possesses a commercial driver's license)
Park Maintenance Worker III (if employee possesses a commercial driver's license)
Parks/Trees Supervisor (if employee possesses a commercial driver's license)
Senior Recreation Leader, part-time (if employee possesses a commercial driver's license)
Tree Trimmer I & II
Tree Trimmer Leadworker
PUBLIC WORKS
Equipment Service Worker (if employee possesses a commercial driver's license)
Equipment Technician I (if employee possesses a commercial driver's license)
Equipment Technician II
Lead Equipment Technician
Maintenance Worker (if employee possesses a commercial driver's license)
Public Works Supervisor (if employee possesses a commercial driver's license)
Sanitation Systems Operator I, II & III
Senior Storm Drain Maintenance Worker
Street Maintenance Worker II & III
Utilities Supervisor (if employee possesses a commercial driver's license)
Utility Worker I, II & III
Wastewater Utility Worker I, II & III
POLICE:
Any employee in a CPOA-represented classification or CPMA-represented classification who operates a
commercial vehicle ( e.g., the Public Safety Command Post vehicle) during the course of employment.
Revised 11/12/19
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Appendix B
DEFINITIONS
1. "Accident" -an incident involving a commercial motor vehicle in which there is a fatality, or a citation was issued
and either an injury is treated away from the scene, or a vehicle is required to be towed from the scene.
2. "Actual knowledge" means actual knowledge by an employer that a covered employee has used alcohol or
controlled substances based on the employer's direct observation of the covered employee, information provided by
the covered employee's previous employer(s), a traffic citation for driving a CMV while under the influence of
alcohol or controlled substances or a covered employee's admission of alcohol or controlled substance use, except
as provided in Sec. 382.121. Direct observation as used in this definition means observation of alcohol or controlled
substances use and does not include observation of covered employee behavior or physical characteristics sufficient
to warrant reasonable suspicion testing under Sec. 382.307.
3. "Adulterated Specimen" -A specimen that contains a substance that is not expected to be present in human urine,
or contains a substance expected to be present but is at a concentration so high that it is not consistent with human
urine.
4. "Alcohol" -means the intoxicating agent in beverage alcohol, ethyl alcohol. or other low molecular weight alcohols
including methyl or isopropyl alcohol. References to use or possession of any beverage, mixture or preparation
containing ethyl alcohol (including any medication containing alcohol).
5. "Alcohol Test" -A test conducted by a Breath Alcohol Technician, or any other person approved by the DOT
rules, using an Evidential Breath Testing Device to measure the amount of alcohol concentration in a volume of
breath, or any other test used to detect the presence of alcohol that is approved by the Federal Highway
Administration (FHW A).
6. "Alcohol Use" -the consumption of any beverage, mixture, or preparation, including any medication containing
alcohol.
7. "ASD" -Alcohol Screening Device (a non-evidential tester).
8. "Breath Alcohol Technician (BAT)" -means an individual trained to proficiency and certified in the use of an
evidential breath testing device.
9. "Cancelled Test" -means a test has been declared invalid by a Medical Review Officer (MRO) for drug testing or
for alcohol under 40.273 ( 1-3) of 49 CFR.
10. "CD L" -means a Commercial Driver's License.
11. "CFR" -Code of Federal Regulation.
12. "Chain of Custody" -the procedures used to document the handling of the urine specimen from the time the
covered employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the
Federal Drug Testing Custody and Control Form (CCF). The CCF also ensures the integrity of each urine specimen
by tracking its handling and storage from the point of specimen collection to its final disposition.
13. "Collection Site" -a place where individuals present themselves for the purpose of providing breath or body fluid
to be analyzed for specific controlled substances. The site possesses all necessary personnel, materials, equipment,
facilities and supervision to provide for the collection, security, temporary storage, and transportation or shipment
of the specimens to a laboratory.
14. "Commercial Motor Vehicle" -a motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
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Nov. 12, 2019 Item #1 Page 53 of 129
a) Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds; or
b) Has a gross vehicle weight rating of 26,001 or more pounds; or
c) Is designed to transport 16 or more passengers, including the driver; or
d) Is of any size and is used in the transportation of hazardous materials requiring placards.
15. "Confirmation Test" -for alcohol testing, a confirmation test means a second test following a screening test with a
result ofD.02 or greater, that provides a quantitative data of alcohol concentration. Confirmation of the screening
test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety
Administration's (NHTSA) Conforming Products List (CPL), and must be capable of printing out each test result
and air blank, and must sequentially number each test. For controlled substances testing, a confirmation test means
a second analytical procedure to identify the presence of specific drug metabolite which is independent of the screen
test and which uses a different technique and chemical principle from that of the screen in order to ensure reliability
and accuracy. Gas Chromatography/Mass Spectrometry (GCMS) is the authorized confirmation method for
cocaine, marijuana, opiates, amphetamines, and phencyclidine.
16. "Controlled Substances/Drugs" -for purposes of these procedures, controlled substances or drugs are cocaine,
marijuana, opiates, amphetamines, phencyclidine and any other substance determined by the U.S. Department of
Transportation to be a controlled substance.
17. "Controlled substance ( or Drug) Test" -a method for determining the presence of controlled substances in a
urine sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR
40.
18. "CPL" -Conforming Products List.
19. "DER" -Designated Employer Representative
20. "DHHS" -means the United States Department of Health & Human Services.
21. "DOT" -means the United States Department ofTransportation.
22. "Drug & Alcohol Policy" -policy set up by the City of Carlsbad to provide the necessary elements to promote a
drug free working environment. Hereinafter referred to as Policy.
23. "EAP" -means an Employee Assistance Program provided by the City of Carlsbad to assist its covered employees
in dealing with drug or alcohol dependency or other personal problems.
24. "Employee" -means any person employed by the City of Carlsbad.
25. "Employer" -means a person or entity employing one or more employees (including an individual who is self-
employed) that is subject to DOT agency regulations requiring compliance with this part. Employer also means the
entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals
employed by the entity who take personnel actions resulting from violations of this part and any applicable DOT
agency regulations. Service agents are not employers.
26. "Evidential Breath Testing Device (EBT)" -a device approved by the NHTSA and placed on NHTSA's
Conforming Products List and is used for the evidential testing of breath.
27. "FHWA" -Federal Highway Administration.
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29. "Fl'A" -Federal TransportationAdministration
30. "MIS" -Management Information Systems.
31. "Medical Review Officer (MRO)" - a licensed physician (medical doctor or doctor of osteopathy) responsible for
receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders
and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together
with his or her medical history and any other relevant biomedical information.
32. "NHTSA" -National Highway Traffic Safety Administration.
33. "NIST" -National Institute of Standard and Technology.
34. "Non-negative Test Result (alcohol breath test result)" -an alcohol breath test result between .02 and .039.
35. "NPRM" -Notice of Proposed Rule Making.
36. "On Duty Time" -all time from the time a covered employee begins to work or is required to be available. "On
Duty Time" shall include:
a) All time at a Carrier or shipper plant, terminal, facility, or other property, or on any public property,
waiting to be dispatched, unless the covered employee has been relieved from duty by employer,
b) All time spent inspecting, servicing, or conditioning any commercial motor vehicle or any equipment
at anytime,
c) All driving time,
d) All time spent. other than driving time, in or upon any commercial motor vehicle except time spent
resting in a sleeper berth,
e) All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading,
attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in
giving or receiving receipts for shipments loaded orunloaded,
f) All time spent performing the covered employee requirements relating to accidents,
g) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
37. "Performing a Safety-Sensitive Function" - a covered employee is considered to be performing a safety-sensitive
function during any period in which he or she is actually performing, ready to perform, or immediately available to
perform any safety-sensitive function.
38. "QAP"-Quality Assurance Program.
39. "Refusal to Submit (to an alcohol or controlled substances test) means that a covered employee:"
I) fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the
employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.
2) fails to remain at the testing site before the testing process is complete, provided that the covered employee
leaves the testing site before the testing process commences.
3) fails to provide a urine specimen for any drug test required by any DOT agency regulations;
4) in the case of a directly observed or monitored collection in a drug test, fails to permit the observation or
monitoring of the covered employee's provision of a specimen;
5) fails to provide a sufficient amount of urine when directed, and it has been determined, through a required
medical evaluation, that there was no adequate medical explanation for the failure
6) fails or declines to take a second test the employer or collector has directed the covered employee to take;
7) fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification
process, or as directed by the DER under this policy. In the case of a pre-employment drug test, the covered
employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following
a contingent offer of employment;
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8) fails to cooperate (refuses to empty pockets when so directed by the collector or behaves in a confrontational
way that disrupts the collection process);
9) is reported by the MRO as having a verified adulterated or substituted test result. Any covered employee who
has been determined to have "refused to test" will face the same consequences as testing positive and will be
immediately removed from performing safety-sensitive functions until all return-to-duty requirements are met.
40. "Safety-Sensitive Function" -any of the following duties:
Operating a revenue service vehicle, including when not in revenue service ( covered employees and others
required to operate revenue vehicles as part of their job duties):
Operating a non-revenue service vehicle, when required to be operated by a holder of a Commercial
Driver's License;
Controlling dispatch or movement of a revenue service vehicle ( dispatchers or those who as part of their
job duties fill in for a dispatcher or cross-train):
Maintaining a revenue service vehicle or equipment used in revenue service (mechanics, service
mechanics, service helpers, and vehicle washers);
Any other employee required to hold a CDL as part of their job requirements (site Supervisors, Operations
Supervisors, Site Office Personnel, etc.)
4 I. "Substance Abuse Professional (SAP)" -a licensed physician (medical doctor or doctor of osteopathy}, or a
licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified
by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge
of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
42. "Screening Test (also known as an initial test)" -
In alcohol testing, a screening test means an analytical procedure to determine whether a covered employee
may have prohibited concentration of alcohol in his or her system.
In controlled substances testing, a screening test means an immunoassay screen (or other DHHS-approved
test) to eliminate "negative" urine specimens from further consideration.
43. "Service Agent" -any person or entity, other than an employee of the employer, who provides services specified
under this part to employers and/or covered employees in connection with DOT drug and alcohol testing
requirements. This includes, but is not limited to. collectors, BA Ts. laboratories. MROs, substance abuse
professionals, and TPAs. To act as service agents, persons and organizations must meet the qualifications set forth
in applicable sections of this part. Service agents are not employers for purposes ofthis part.
44. "Split Sample" -an additional sample collected with the original specimen, to be tested in the event the original
specimen tests positive.
45. "SIT" -Screening Test Technician.
46. "Substituted Specimen" -a specimen with creatinine and specific gravity values that are so diminished that they
are not consistent with human urine.
47. Third Party Administrator (TPA)" -a service agent that provides or coordinates the provision of a variety of
drug and alcohol testing services to employers. TP A's typically performing administrative tasks concerning the
operation of the employers' drug and alcohol testing programs. This term includes, but is not limited to, groups of
employers who join to administer, as a single entity, the DOT drug and alcohol testing programs of its members.
TPA's are not "employers" for purposes ofthis part.
48. "Verified Negative Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined
to have no evidence of prohibited drug use.
49. "Verified Positive Drug Test Results" -a drug test result reviewed by a Medical Review Officer and determined
to have evidence of prohibited drug use.
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Appendix C
TESTING PROCEDURES
A. GENERAL URINE SPECIMEN COLLECTION PROCEDURES
A collector is a trained person who instructs and assists covered employees at a collection site, who receives and makes an
initial inspection of the urine specimen provided by those covered employees, and who initiates and completes the Federal
Drug Testing Custody and Control Form (CCF). The collector assures the integrity of the specimen and collection process,
and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a DOT
urine drug screen collection:
1. A restroom or stall with a toilet is provided for the covered employee to have privacy while providing the urine
specimen. A source of water for washing hands, or moist towelettes must be provided.
2. Unauthorized persons are not allowed at the testing site during the collection.
3. The collector will prepare the site, taping off water supplies, removing soap and cleaning agents, and will blue the
toilet water.
4. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the
collector. The covered employee can request the full name and employer of the collector. The collector fills in the
Custody and Control Form.
5. The covered employee must remove any outer garments and leave handbags, etc. with the collector. The covered
employee may keep his/her wallet and may request a receipt for the belongings left with the collector. The covered
employee must also empty his/her pockets and display the items in them. If none of the items can be used to
adulterate a specimen, the covered employee may place the items back into his/her pockets. If any of the items
could be used to adulterate a specimen and appear to have been brought to the collection site for that purpose, a
directly observed collection will be taken. · Failure to comply with this requirement constitutes a refusal to test. The
covered employee is to wash hands prior to urination.
6. The collector allows the covered employee to select the collection kit, and unwraps or breaks the seal on the
container in the presence of the covered employee.
7. The collector instructs the covered employee to provide a specimen of at least 45 ml, not to flush the toilet, and to
bring the specimen out to the collector.
8. The collector is to pay close attention to the covered employee during the entire process to note any conduct that
clearly indicates an attempt to substitute or adulterate a specimen. The collector ensures the temperature of the
specimen falls within the prescribed range, checks the volume, and inspects the specimen for any unusual objects,
color or smell.
9. After the covered employee hands the collection container to the collector, the collector unwraps or opens the
specimen bottles. The collector pours at least 30 ml ofurine from the collection container into one specimen bottle
(A), and 15 ml into the other specimen bottle (8). The bottles are closed and the correct seals are placed over each
cover. The collector writes the date on each seal and the covered employee initials under each date.
10. With the bottles now sealed with tamper-evident tape, the specimen does not have to be under the covered
employee's direct observation and the covered employee is allowed to wash their hands if they desire.
11. The collector completes the collector's portion of the Custody and Control Form, and has the covered employee
complete the certification statement in step 5 of copy 2 of the CCF.
12. The collector places the specimen bottles and copy I of the CCF inside the plastic pouch and seals both pouches.
The covered employee is given copy 5.
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13. The excess urine is discarded and the specimen pouch is put in a shipping container. The covered employee is now
allowed to leave the collection site.
14. The collector is responsible for ensuring the security and the integrity of the specimen until the courier picks up the
specimen for transport to the laboratory.
8. PROCEDURES WHEN COVERED EMPLOYEE CANNOT PRODUCE THE REQUIRED AMOUNT OF
URINE (SHY BLADDER)
The term "shy bladder" refers to a situation when the covered employee does not provide a sufficient amount of urine ( 45
ml) for a DOT required drug test. If a covered employee tells the collector. upon arrival at the collection site, that he or she
cannot provide a specimen, the collector must still begin the collection procedure regardless of the reason given. The
collector should tell the covered employee that most individuals can provide 45 ml of urine, even when they think they
cannot urinate. and direct the covered employee to make the attempt to provide the specimen.
If the covered employee provided an initial insufficient specimen. the collector discards the insufficient specimen. and makes
a note on the CCF starting the time-line of the "shy bladder" procedure. The collector explains to the covered employee the
process for a shy bladder collection and urges the covered employee to drink up to 40 ounces of fluids, distributed
reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever
occurs first. The covered employee must be monitored during this time. and the collector must specifically tell the covered
employee that they are not to leave the collection site. If the covered employee leaves the collection site or refuses to make
the attempt to provide a sufficient urine specimen, this is considered a refusal to submit to a test. A refusal to test will carry
the same consequences as a positive test result.
If the covered employee has not provided a sufficient specimen within three hours of the first unsuccessful attempt to provide
a specimen, the collector must discontinue the collection. note the fact on the CCF, and immediately notify the DER that the
covered employee's inability to provide a specimen will require a medical evaluation.
Failure to produce a sample of urine will result in an immediate referral for an evaluation from a licensed physician who can
determine in his or her reasonable judgment the safety-sensitive covered employee's inability to provide an adequate amount of
urine. If no medical reason is found substantiating an inadequate sample, the incident will be treated as a "refusal to test" and
will carry the same consequences as a positive testresult.
Whenever there is reason to believe that a particular individual has altered or substituted the urine specimen, a second
specimen shall be obtained as soon as possible under direct observation of a same gender collection site person. Reasons for
observed testing include temperature of the specimen out of normal range, discoloration or unusual odor of the sample or
suspicious behavior.
C. GENERAL BREATH ALCOHOL TESTING PROCEDURES
A breath alcohol technician (BAT) is a person who has completed all necessary training and is qualified to perform a DOT
breath alcohol test. The BAT will instruct and assist the covered employee in providing a breath alcohol sample, and will
complete the Federal DOT Breath Alcohol Testing Form (ATP). The BAT assures the integrity of the test and testing
process and has to be sensitive to the covered employee's privacy. The following are the basic steps and guidelines used in a
DOT breath alcohol test:
1. The collection site must afford visual and aural privacy to the covered employee, sufficient to prevent unauthorized
persons from seeing or hearing test results.
2. The covered employee must provide appropriate identification (photo ID, or ID by a company representative) to the
BAT. The covered employee can request the full name and employer of the BAT. The BAT explains the testing
process and completes step I of the ATP.
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3. The BAT then directs the covered employee to complete step 2 of the A IF and sign the certification. If the covered
employee refuses to sign this certification, the BAT will note this on the ATF, and immediately notify the DER.
This is a refusal to submit to testing.
4. The BAT will prepare the evidentiary breath-testing device (EBT), conduct an air blank test and obtain a new test
number. The covered employee is to see the blank test is 0.0 and to confirm the test number for his/her test.
5. The BAT will select and open a sealed mouthpiece and insert it into the EBT. The covered employee is now
instructed to blow forcefully into the mouthpiece until a sufficient amount of breath has been obtained. (If after two
attempts an insufficient amount of breath is provided, the test is cancelled, the result noted on the A TF, and the
. DER notified. This is a refusal to submit).
6. The BAT will show the covered employee the test result and complete step 3 of the ATF. The printed result will be
initialed by the covered employee and affixed to the A TF with tamper evident tape. The result will also be entered
into the logbook.
7. If the test result is less than .02 the test is complete. The covered employee is given copy 2 of the ATF and is
allowed to leave the test site.
8. If the initial-screening test is greater than .02 breath alcohol content, the covered employee must submit to a
confirmation test.
9. The covered employee must be observed for 15 minutes at which time they are not allowed to eat, drink, or put any
substance in their mouth and to the best extent possible, not belch. This waiting period is required to prevent any
accumulation of mouth alcohol leading to an artificially high reading.
I 0. After 15 minutes but before 30 minutes the covered employee will submit to a confirmation test conducted the same
as the screening test.
11. Confirmation test results shall be deemed to be the final result upon which any action under operating
administration rules shall be based.
D. PRE-EMPLOYMENT TESTING PROCEDURES
The FT A regulations require that all applicants for employment in safety-sensitive positions or individuals being transferred
to safety-sensitive positions from non-safety-sensitive positions must be given pre-employment drug tests.
I. Applicants may not be hired or assigned to a safety-sensitive function unless they pass a drugtest.
2. Applicants will be informed in writing of the testing requirements prior to conducting the test.
3. All drug test results must be reviewed by the Medical review Officer (MRO).
4. Applicants that initially test positive are notified of the results by the MRO and are given an opportunity to discuss
the results.
E. REASONABLE SUSPICION TESTING PROCEDURES
The FT A regulations also require a safety-sensitive covered employee to submit to a test when the employer has a reasonable
suspicion that the safety-sensitive covered employee has used a prohibited drug or has misused alcohol as defined in the
regulations and company policy. The request to undergo a reasonable suspicion test must b-e based on specific,
contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor of the safety-sensitive
covered employee.
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1. Designated covered employees with supervisory responsibilities shall receive training in order to identify behaviors
that might be indicators of drug use and/or alcohol misuse. Training includes the procedures for how to deal with
covered employees suspected of drug use and/or alcohol misuse.
2. If a supervisor observes behavior that might be indicative of drug use and/or alcohol misuse, the supervisor will
direct the safety-sensitive covered employee to stop work and escorts the safety-sensitive covered employee to an
area to be questioned and observed in private.
3. The supervisor must ensure that.the safety-sensitive covered employee does not continue to operate in a safety-
sensitive function after identified reasonable suspicion testing. If there is a decision to test based on observable
symptoms, the safety-sensitive covered employee is ordered to submit to a drug and/or alcohol test and is taken to
the collection site by an employer representative and at the completion of testing, an offer of transportation to home
will be made.
4. If there is a confirmed breath alcohol test of between .02% and .039%, the safety-sensitive covered employee will
be relieved from safety-sensitive duty immediately for a minimum of (24) hours or until the next scheduled work
day.
5. If there is a confirmed breath alcohol test (.04 or above) and/or confirmed positive drug test the safety-sensitive
covered employee will be removed from his/her safety-sensitive duty immediately. A safety-sensitive covered
employee cannot return to work until he/she has been released by a SAP, successfully completes the required
rehabilitation, and passes a return-to-duty test.
6. If an alcohol test is not administered within two hours following the determination for reasonable suspicion testing,
the supervisor shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly
administered. If the alcohol test is not administered in eight hours following the determination for reasonable
suspicion testing, the supervisor will cease all attempts and shall state the reasons for not administering the test.
7. A written record shall be made of the observations leading to a controlled substance or alcohol misuse reasonable
suspicion test, and signed by the supervisor or company official who made the observations within 24 hours of the
observed behavior or before the results of the controlled substance test are release. whichever is earlier.
F. POST-ACCIDENT TESTING PROCEDURES FORFMCSA
The FMC SA regulations require testing for prohibited drugs and alcohol in the case of certain commercial motor vehicle
accidents. Post-accident testing is mandatory for accidents where there is a loss of human life and for other non-fatal
accidents.
I. The supervisor ensures that all injured people receive proper medical care.
2. A post-accident test is determined by the following situations:
Type of Accident Involved: Citation Issued: Test Must be Performed:
Human Fatality YES YES
NO YES
Bodily injury with immediate medical YES YES
treatment away from the scene
NO NO
Disabling damage to any motor YES YES
vehicle requiring tow away
NO NO
Exceptions: You must not conduct a FMCSA DOT test if the following exceptions occur;
► An occurrence involving only barding or alighting from a stationary motor vehicle; or
► An occurrence involving only the loading or unloading of cargo; or
, An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle by
an employer unless the motor vehicle is transporting passengers for hire or placarded hazardous
materials
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3. The safety-sensitive covered employee will be taken to the collection site and tested as soon as practicable
following the accident. The breath alcohol test should be performed within two hours of the accident. If the breath
alcohol test is not performed within two hours, the supervisor shall prepare and maintain on file a record stating the
reasons why the test was not administered. If the breath alcohol test still cannot be administered within eight hours
following the accident, the supervisor shall cease all attempts and update the records accordingly. The safety-
sensitive covered employee should remain readily available for breath alcohol testing for up to eight hours
following an accident and for drug testing up to 32 hours after the accident, including notifying his/her location, or
he/she may be deemed to have refused to submit to testing. The City of Carlsbad will document all accidents of
covered employees and their decision whether to test under FMCSA's rule or The City of Carlsbad's authority.
4. If the safety-sensitive covered employee is injured and needs medical treatment, provisions will be made to perform
an alcohol test within eight hours and a drug test within 32 hours of the accident.
5. The safety-sensitive covered employee is prohibited from using alcohol for eight hours, prior to testing.
6. Pending the results of a drug test, the safety-sensitive covered employee will be returned to his/her safety-sensitive
position if medically cleared to be returned to work, on a case-by-case basis. In the interest of safety, the
supervisor, or designee, may transfer a safety-sensitive covered employee to a non-safety-sensitive status pending
the results of the test.
7. If the safety-sensitive covered employee is tested for alcohol, and the test is positive (.04 or greater), the safety-
sensitive covered employee will be removed from duty and referred to the SAP. If the test is .02 -.039, the safety-
sensitive covered employee will be removed from duty for at least 24 hours.
8. If the safety-sensitive covered employee refuses to be tested or if the test is confirmed positive, the safety-sensitive
covered employee is removed from duty and referred to the SAP.
9. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up to
and including termination.
G. RANDOM TESTING PROCEDURES
The FT A regulations require random testing for prohibited drugs and alcohol misuse for all safety sensitive covered
employees. Random testing identifies covered employees who are using drugs or misusing alcohol but are able to use the
predictability of other testing methods to escape detection. More importantly, it is widely believed that random testing
serves as a strong deterrent against covered employees beginning or continuing prohibited drug use and misuse of alcohol
while on the job.
1. Random drug and alcohol testing only applies to safety-sensitive covered employees. An identification number
(commonly your SS#) will be included in a selection pool.
2. Random drug and alcohol testing is accomplished by a scientifically valid, tamper-proof, computer-generated
selection process. The City of Carlsbad will randomly select individuals for testing through a random test selection
program·-without showing discrimination. The program uses a special algorithm, which helps to avoid potential
concerns a covered employee may have concerning selection for a random test. When selected by random, covered
employees/leased drivers will submit to testing immediately at a pre-established place or "On Location" testing site.
A surplus will be randomized to allow for selected covered employees.who are not available. "Not available" is
limited to covered employees who are not at work due to vacation, sick leave, disability, or scheduled time off.
This does not mean that the covered employee cannot be tested when they return to work.
3. At the time of random selection, a primary list containing the names of the covered employees selected for random
drug and/or breath alcohol test is transmitted confidentially to the DER from the Third Party Administrator. No
covered employee will be removed from the random pools following selection, and every covered employee will
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Nov. 12, 2019 Item #1 Page 61 of 129
continue to be subject to selection throughout the year. Every covered employee in the random pool has an equal
chance of being selected every time.
4. Random testing will be conducted during all hours ofoperation, all shifts, and all days of the week including
weekends so long as The City of Carlsbad is in operation or a safety-sensitive covered employee is conducting
safety-sensitive functions. No shift is exempt from testing.
5. The total number of alcohol tests completed annually must equal at a minimum of 10% of the average number of
eligible safety-sensitive covered employees in the random pool. The total number of drug tests completed each
year must equal at a minimum of 50% of the average number of safety-sensitive covered employees.
6. Random drug testing may be conducted concurrently with random alcohol testing or at any time during a covered
employee's shift. Random alcohol testing will be conducted just before the covered employee is scheduled to
perform a safety-sensitive function, while the covered employee is performing safety-sensitive functions or just
after the covered employee performs a safety-sensitive function. The covered employee must proceed to the test
site immediately after being notified that he or she has been selected for testing.
7. A manager or supervisor will notify safety-sensitive covered employees of their random selection. If applicable, a
supervisor shall document a covered employee's random test notification. Once notified, the safety-sensitive
covered employee must submit to a drug and/or alcohol test. Failure to cooperate with the collection procedures, or
failure to submit to the test in any way constitutes a refusal to test, which results in the same consequences as a
positive test result.
8. If there is a confirmation breath alcohol test of between .02% and .039%, the safety-sensitive covered employee will
be relieved from duty immediately. The safety-sensitive covered employee will not be permitted to perform or
continue to perform safety-sensitive functions, until the start of the safety-sensitive covered employee's next
regularly scheduled duty period, but not less than 24 hours following administration of the test.
9. If there is a confirmed positive breath alcohol test (0.04% or above) and/or confirmed positive drug test, the
covered employee will be removed from safety-sensitive duty immediately. The safety-sensitive covered employee
cannot return to work until he/she has been released by a SAP, successfully completes the required rehabilitation,
and passes a return-to-duty test.
I 0. Safety-sensitive covered employees who test positive for drugs or alcohol will be subject to disciplinary action up
to and including termination. If, for some reason a covered employee who has been selected for a random test, but
is not able to take the test in the allotted time frame, documentation will be made and forwarded to the Third Party
Administrator for proper documentation of why the test was not performed.
H. RETURN-TO-DUTY AND FOLLOW-UP TESTING PROCEDURES
Before any safety-sensitive covered employee can be allowed to return-to-duty to perform a safety-sensitive function
following a verified positive drug test, a positive breath alcohol test, a refusal to submit to a test, or engaging in conduct
prohibited by the regulations regarding alcohol misuse or controlled substance use, the safety-sensitive covered employee
must first be evaluated by a Substance Abuse Professional (SAP) and pass the return-to-duty test ordered by the SAP.
Return-to-duty Testiue
1. If a safety-sensitive covered employee tests positive (.04 >) for alcohol or positive for prohibitive drugs, refuses
to test, or substitutes/adulterates his/her specimen, the SAP must evaluate the covered employee and prescribe a
rehabilitation program at which time the covered employee must complete and then be re-evaluated by the SAP
to determine whether tl).e covered employee may be released to be considered for return to a safety-sensitive
position.
2. The SAP will schedule the safety-sensitive covered employee for a return-to-duty drug and/or breath alcohol
test. If the return-to-duty drug and/or alcohol test is positive, it counts as a second positive.
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3. If the return-to-duty drug test is positive, a split sample can be analyzed ifrequested by the safety-sensitive
covered employee. The result will be reviewed by the MRO. If it is verified positive, the safety-sensitive
covered employee will not be returned to duty and the test is considered a second positive.
4. Safety-sensitive covered employees who test positive for drugs or alcohol on a return-to-duty test will be
subject to disciplinary action up to and including termination.
Follow-vu Testing
1. Once a covered employee returns to a safety-sensitive position, the covered employee shall be subject to
unannounced follow-up testing for at least 1 year but no more than 60 months. The type, frequency and
duration of the follow-up testing will be recommended by the SAP; however, a minimum of six tests shall be
performed during the first 12 months after the safety-sensitive employee has been returned to duty. Followup
testing does not exclude a covered employee from the random testing program. This means that a safety-
sensitive covered employee is subject to random testing as well as follow-up testing and could occur at the same
time or the same day orthereafter.
2. Follow-up alcohol testing shall be performed either just before, during or just after the safety-sensitive covered
employee performs a safety-sensitive function.
3. Ifany follow-up drug and/or alcohol test is verified positive, the safety-sensitive covered employee will be
immediately removed from the safety-sensitive position. Disciplinary action will be imposed up to and
including termination.
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Nov. 12, 2019 Item #1 Page 63 of 129
JOB TITLE
Police Chief
Assistant Police Chief
Deputy City Manager
Fire Chief
Senior Assistant City Attorney
Assistant City Attorney
Assistant Fire Chief
Chief Innovation Officer
Community & Economic Dev. Director
Finance Director
Parks and Recreation Director
Utilities Director
Fire Division Chief
Human Resources Director
Information Technology Director
Library and Cultural Arts Director
Transportation Director
Utilities Manager
Assistant Finance Director
Building & Code Enforc. Manager
Management Salary Schedule (Base Pay)
11/12/19
GRADE MINIMUM
8B $ 153,324
8A $ 144,509
8A
8A
8A
7B $ 131,325
7B
7B
7B
7B
7B
7B
7A $ 121,128
7A
7A
7A
7A
7A
6 $ 103,206
6
Business Intelligence & Analytics Manager 6
City Communications Manager 6
City Traffic Engineer 6
City Planner 6
Deputy City Attorney 6
Deputy Library Director 6
Economic Development Manager 6
Environmental Manager 6
Engineering Manager 6
Fire Battalion Chief 6
Fire Marshal 6
Geographic Info. Systems Manager 6
Information Technology Manager 6
Municipal Property Manager 6
Parks Services Manager 6
Project Portfolio Manager 6
Public Works Manager 6
Recreation Services Manager 6
Transportation Planning and Mobility Manager 6
* Ranges for Police Chief and Assistant Police Chief are effective 1/1/2019
Page 1
Attachment C
MIDPOINT MAXIMUM
$ 187,858 $ 222,391
$ 177,057 $ 209,605
$ 160,938 $ 190,550
$ 147,136 $ 173,143
$ 126,381 $ 149,556
Nov. 12, 2019 Item #1 Page 64 of 129
Management Salary Schedule (Base Pay)
11/12/19
JOB TITLE GRADE MINIMUM
Assistant to the City Manager 5 $ 94,657
City Clerk Services Manager 5
Development Services Manager 5
Emergency Medical Services (EMS) Manager 5
Facilities Manager 5
Finance Manager 5
Finance Payroll Information Technology Mgr 5
Human Resources Manager 5
Information Technology Project Manager 5
Information Technology Security Manager 5
Municipal Projects Manager 5
Police Communications Manager 5
Principal Planner 5
Public Safety Info. Technology Manager 5
Parks Superintendent 5
Public Works Superintendent 5
Real Estate Manager 5
Risk Manager 5
Senior Engineer 5
Utilities Asset Manager 5
Utilities Supervisor 5
Cultural Arts Manager 4 $ 80,855
Emergency Preparedness Manager 4
Park Planning Manager 4
Public Information Officer 4
SCADA Supervisor 4
Senior Accountant 4
Senior Program Manager 4
Senior Management Analyst 4
Special Projects Manager 4
Video Production Manager 4
Community Relations Manager 3 $ 66,435
Executive Assistant 3
Management Analyst 3
Meter Services Supervisor 3
Parks/Trees Supervisor 3
Principal Librarian 3
Program Manager 3
Public Works Supervisor 3
Recreation Area Manager 3
Senior Crime Intelligence Analyst 3
Utilities Maintenance Planner 3
Page 2
Attachment C
MIDPOINT MAXIMUM
$ 112,528 $ 130,398
$ 95,996 $ 111,137
$ 78,795 $ 91,155
Nov. 12, 2019 Item #1 Page 65 of 129
JOB TITLE
Aquatic Supervisor
Associate Analyst
Crime Intelligence Analyst
Programs and Venues Coordinator
Communications Coordinator
Community Arts Coordinator
Community Volunteer Coordinator
Graphic Production Supervisor
Management Assistant
Management Salary Schedule (Base Pay)
11/12/19
GRADE MINIMUM
2 $ 57,062
2
2
2
1 $ 51,912
1
1
1
1
Page 3
Attachment C
MIDPOINT MAXIMUM
$ 67,774 $ 78,486
$ 61,594 $ 71,276
Nov. 12, 2019 Item #1 Page 66 of 129
Attachment D
MANAGEMENT COMPENSATION AND BENEFITS PLAN
TABLE OF CONTENTS
Section 1
Section 2
Section 3
Introduction ............................................................................ Page 2
Compensation ........................................................................ Page 2
Pay Ranges ....................................................................... Page 2
Compensation Adjustments ............................................ Page 3
Survey Market.. ................................................................ Page 3
Benefits and Other Types of Pay ........................................... Page 4
Life Insurance and Voluntary Benefits ............................ Page 4
Retirement ........................................................................ Page 4
Leave of Absence ............................................................. Page 5
1. Vacation .............................................................. Page 6
2. Executive Leave ................................................. Page 7
3. Sick Leave .......................................................... Page 7
4. Bereavement Leave ............................................ Page 8
5. Leave Without Pay ............................................. Page 8
6. Pregnancy Disability Leave ................................ Page 9
7. FMLA ................................................................. Page 10
8. Military Leave .................................................... Page 10
9. Jury Duty ............................................................ Page IO
10. Extended Leave of Absence ............................... Page 10
Separation Compensation ................................................ Page 11
Holidays ........................................................................... Page 11
Health Benefits ................................................................. Page 11
Health Insurance for Retirees ........................................... Page 13
Physical Fitness Reimbursement ..................................... Page 14
Long-Term Disability Insurance (LTD) .......................... Page 14
Deferred Compensation ................................................... Page 14
Drug and Alcohol Policy ................................................. Page 14
Uniform Reimbursement and Reporting the Value
of Uniforms to CalPERS .................................................. Page 14
Fire Safety Management .................................................. Page 15
Special Assignment and Temporary Upgrade Pay .......... Page 15
Educational Incentive Pay ................................................ Page 16
Nov. 12, 2019 Item #1 Page 67 of 129
Management Compensation and Benefits Plan
SECTION 1: INTRODUCTION
The Management Compensation and Benefits Plan contains three parts: 1) an introduction, 2) an
overview of compensation and 3) a description of benefits for management employees.
Definitions
1. Management Employees -Management employees are defined as those employees
whose classifications are listed on the Management Salary Structure. Except as to those
management employees subject to an applicable law, all management employees are
considered "at-will" and have no property rights to their position. At will employment
with the City may be terminated at any time by either party, with or without cause, for
any reason or no reason whatsoever, and with or without advance notice. At will
employees do not have the right to appeal.
2. City Council Appointed Employees -The City Manager and City Attorney are hired by
and responsible directly to the City Council. The salaries for these positions shall be set
by the City Council. The City Manager and City Attorney will not be subject to the
provisions of the Compensation program as outlined in Section 2 of this document. The
schedule of management benefits (as outlined in Section 3 of this document) will apply
to these positions, except as otherwise provided by the City Council.
SECTION 2: COMPENSATION
Pay Ranges
Each management job classification is assigned to a specific pay range. An employee may be paid
anywhere in the pay range associated with their job classification.
Any employee may be advanced in the pay range regardless of the length of time served at the
employee's present pay rate. This advancement requires the written recommendation of the
employee's manager and the approval of the employee's department head and City Manager (or
City Attorney, for management employees in the City Attorney's Office)1•
If, as a result of a pay range adjustment, an employee's base salary falls below the minimum of the
pay range, the employee's salary will be increased to the new range minimum as of the date City
Council approves the pay range adjustment.
Periodically the Human Resources Department will bring forth salary range movement
recommendations to City Council that are based on market and economic conditions, and may
include one or more salary ranges.
1 Hereafter, all references to the City Manager include, with regard to management employees in the City Attorney's
Office, the City Attorney.
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Compensation Adjustments
Effective January 1, 2020, all management employee salaries will be increased by three percent
(3%). As a result, all management salary ranges will be adjusted to reflect this increase. An
employee's salary may not exceed the maximum of the pay range for their classification.
Survey Market
In keeping with the City Council's philosophy of surveying the total compensation oflocal
agencies, the agencies listed below will be considered in the survey market for management
classifications.
• City of Chula Vista
• City of Coronado
• City of Del Mar
• City of El Cajon
• City of Encinitas
• City of Escondido
• City of Imperial Beach
• City of La Mesa
• City of National City
• City of Oceanside
• City of Poway
• City of San Marcos
• City of Solana Beach
• City of San Diego
• City of Santee
• City of Vista
• County of San Diego
In addition to the agencies listed above, the following agencies will be considered in the survey
market only for Utilities Director, Utilities Manager and Utilities Supervisor classifications.
• Encina Wastewater Authority
• Helix Water District
• Olivenhain Municipal Water District
• Otay Water District
• Padre Dam Municipal Water District
• Vallecitos Water District
• Vista Irrigation District
The Human Resources Department will compare salary and benefits information on each City of
Carlsbad benchmark classification with appropriate classifications in the survey market. Those
classifications that are considered benchmarks are those in which there was a substantial match
between the competencies and duties required for jobs at the City of Carlsbad and those for jobs in
the survey market.
Each City of Carlsbad job classification is assigned to a specific pay range. The non-benchmark
positions are assigned to a pay range based on internal relationships, responsibility and/or
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Management Compensation and Benefits Plan
knowledge, skills and abilities of jobs. The benchmark salary data will be surveyed regularly and
the benchmark comparisons will be modified when the classifications change within the
organization.
The City Council delegates to the City Manager the authority to create and change job
classifications and assign job classifications to a specific pay range, based on both benchmark salary
information and internal relationships within the organization.
SECTION 3: BENEFITS AND OTHER TYPES OF PAY
Life Insurance and Voluntary Benefits
All management employees shall receive City paid life insurance in an amount equal to two times
the basic yearly earnings. To determine benefits, the amount of insurance is rounded to the next
higher $1,000 multiple, unless the amount equals a $1,000 multiple.
The City provides various voluntary benefits available at the employee's cost. Employees may
select among various levels of coverage. For information regarding these benefits, contact the
Human Resources Department at 760-602-2440.
Retirement
All management employees shall participate in the California Public Employees' Retirement System
(CalPERS). The specific retirement formula applied will be determined based on whether the
position is deemed safety or miscellaneous. All positions not deemed eligible for safety retirement
will be deemed miscellaneous under the CalPERS system. Optional benefits unique to the City of
Carlsbad's contract with CalPERS are outlined in the contract between the city and CalPERS. A
copy of this contract is kept on file in the Human Resources Department.
Management employees who are considered fire safety employees are eligible for the same
retirement benefit formula and are subject to the same optional retirement benefits described in the
City of Carlsbad CalPERS safety contract ( and are the same as those provided to employees
represented by the Carlsbad Firefighters' Association, Inc.). Unrepresented sworn police
management employees are eligible for the same retirement benefit formula and are subject to the
same optional retirement benefits described in the City of Carlsbad CalPERS safety contract ( and
are the same as those provided to employees represented by the Carlsbad Police Officers'
Association).
A. The City has contracted with CalPERS for the following retirement benefits:
Miscellaneous "Classic" Members (those that do not qualify as "New Members" as
defined below)
a) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first
time prior to November 28, 2011 -The retirement formula shall be 3%@ 60; single
highest year final compensation.
b) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first
time on or after November 28, 2011 -The retirement formula shall be 2% @ 60; three
year average final compensation.
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c) Employees entering City of Carlsbad safety CalPERS membership for the first time prior
to October 4, 2010 -The retirement formula shall be 3%@ 50; single highest year final
compensation.
d) Employees entering City of Carlsbad safety CalPERS membership for the first time on
or after October 4, 2010 -The retirement formula shall be 2% @ 50; three year average
final compensation.
"New Members"
Employees who are "New Members" as defined by the California Public Employees'
Pension Reform Act of2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who
has never been a CalPERS member or member of a reciprocal system or who has had a
break in CalPERS service of at least 6 months or more) will be subject to all the applicable
PEPRA provisions, which include but are not limited to the following retirement benefits.
a) Miscellaneous employees -Retirement formula shall be 2% @ 62; three year average
final compensation.
b) Safety employees -Retirement formula shall be 2. 7% @ 57; three year average final
compensation.
B. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
•
•
•
•
Leave of Absence
miscellaneous employees subject to the 3%@ 60 benefit formula shall pay all of
the employee retirement contribution (8%),
miscellaneous employees subject to the 2%@ 60 benefit formula shall pay all of
the employee retirement contribution (7%),
safety employees subject to the 3%@ 50 or 2%@ 50 benefit formulas shall pay
all of the employee retirement contribution (9%), and
miscellaneous and safety employees who meet the definition of "New Member"
under PEP RA shall pay one half of the normal cost rate associated with their
benefit plan.
Management employees are exempt from overtime requirements under the Fair Labor Standards
Act. Management employees in the City are paid on a salary basis versus an hourly basis. Pursuant
to FLSA regulation 29 CFR Section 541.5d, the City can make deductions from salary or leave
accounts for partial day absences for personal reasons or sickness because the City has a policy and
practice of requiring its employees to be accountable to the public that they have earned their
salaries. A partial day absence is an absence of less than the employee's regular work day.
Pursuant to FLSA regulation 29 CFR Section 541.118 ( a)(2) and ( a)(3 ), the City may make salary
or leave reductions based upon full day absences.
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Partial day or full day absences shall be first charged against the exempt employee's vacation, sick,
or executive leave account. In the event the exempt employee does not have sufficient time in
his/her leave account to cover the absence, deductions without pay will be made on full days only.
1. Vacation
a. Vacation Accrual
Revised 11/12/19
Every management employee shall accrue vacation leave for each calendar year of
actual continuous service dating from the commencement of said service, with such
time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15
minute increments.
All management employees (except Fire Battalion Chiefs) shall earn vacation on the
following basis:
Beginning with the first (1st) working day through the completion of five (5)
full calendar years of continuous service -13 minutes/day.
Beginning the sixth (6th) year of employment through the completion 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.
Management employees with comparable service may be granted credit for such
service for the purpose of computing vacation at the discretion of the City Manager.
All management employees shall be permitted to earn and accrue up to and including
three hundred and twenty (320) hours of vacation, and no employee will be allowed
to earn and accrue vacation hours in excess of the three hundred and twenty (320)
hour maximum.* The City Manager shall be responsible for the granting of vacation
to all management personnel, except in the case of the City Attorney's Office, where
the City Attorney shall be responsible for granting vacation.
* If there are unusual circumstances that would require an employee to exceed the vacation accrual
maximum, he/she must submit a request in writing to the Department Head and the City Manager or
Designee. The Department Head and the City Manager or Designee may grant such a request if it is
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in the best interest of the City. Requests will be handled on a case-by-case basis and will be
considered only in extreme circumstances.
Fire Battalion Chiefs shall accrue vacation in the same manner and up to the same
maximum as Carlsbad Firefighters' Association (CF A) represented employees.
b. Vacation Conversion
Each February, management employees will be allowed to voluntarily convert up to
80 hours of accrued vacation to cash, provided that they have used 80 hours of
vacation, executive time or floating holiday during the prior calendar year. Fire
Battalion Chiefs that work 112 hours per bi-weekly pay period will be allowed to
voluntarily convert up to 112 hours of accrued vacation to cash, provided that they
have used 112 hours of vacation, executive time or floating holiday during the prior
calendar year.
c. Vacation Payout
An employee separating from the City service who has a balance of unused accrued
vacation leave shall be entitled to be paid for the remainder of their unused accrued
vacation leave as of their last day on payroll.
2. Executive Leave (E-time)
Effective July 1, 2018, all management personnel shall receive sixty-four ( 64) hours per
fiscal year for executive leave. The sixty-four (64) hours will be credited upon hire or
promotion into management and at the beginning of each fiscal year to individual leave
balances. This leave must be used within the same fiscal year. The City Manager is
authorized to provide ten ( 10) additional hours of executive leave per year to any
management employee who is required to work extended hours due to emergencies such as
fires, storms, floods, or other emergencies.
3. Sick Leave
Sick leave can be used in 15 minute increments.
Sixteen (16) minutes of sick leave are accrued per calendar day. Accumulation is unlimited
(employees cannot receive payment for unused sick leave). Fire Battalion Chiefs that work
112 hours per bi-weekly pay period shall accrue sick leave commensurate with CF A
represented employees that work at 112 hours per bi-weekly pay period.
Any management employee who has accrued and maintains a minimum of one hundred
(100) hours of sick leave shall be permitted to convert up to twelve (12) days of sick leave
and uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1)
day of vacation. The sick leave conversion option will be provided during the first week of
each fiscal year. Conversion can only be made in increments of full day vacation days.
Employees will not be allowed to convert sick leave to vacation if such conversion would
put them over the vacation accrual maximum.
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Any permanent employee applying for retirement with the Public Employees' Retirement
System may convert accrued and unused sick leave time to extend service time in the system
at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service.
4. Bereavement Leave
An employee may use up to an equivalent of three work days of paid leave ifrequired to be
absent from duty due to the death of a member of the employee's immediate family.
Additional time off may be authorized by the Department Head and charged to accrued
vacation or sick leave or, when no accrued leave is available, treated as leave without pay.
The "immediate family" shall be defined in the personnel rules and regulations.
The employee may be required to submit proof of relative' s death before final approval of
bereavement leave is granted.
5. Leave of Absence Without Pay
a. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
approval of his/her Department Head for less than two calendar weeks. If the
duration of the leave of absence will be longer, the approval of the City Manager or
his/her designee is required.
An employee shall utilize all his/her vacation, e-time and/or sick leave (if applicable)
prior to taking an authorized leave of absence without pay.
A leave without pay may be granted for any of the following reasons:
I. Illness or disability.
2. To take a course of study which will increase the employee's
usefulness on return to his/her position in the City service.
3. For personal reasons acceptable to the City Manager and Department
Head.
b. Authorization Procedure
Revised 11/12/19
Requests for leave of absence without pay shall be made in writing and shall state
specifically the reason for the request, the date when the leave is desired to begin, the
probable date of return, and the agreement to reimburse the City for any benefit
premiums paid by the City during the leave of absence. The request shall normally
be initiated by the employee, but may be initiated by his/her Department Head, and,
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.
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c. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed six months,
unless otherwise approved by the City Manager. The procedure for granting
extensions shall be the same as that in granting the original leave provided that the
request for extension is made no later than fourteen (14) calendar days prior to the
expiration of the original leave.
d. Return From Leave
When an employee intends to return from an authorized leave of absence without
pay either before or upon the expiration of such leave, he/she shall contact his/her
Department Head at least fourteen (14) calendar days prior to the day he/she plans to
return. The Department Head shall promptly notify the Human Resources
Department of the employee's intention. The employee shall return at a rate of pay
not less than the rate at the time the leave of absence began.
e. Insurance Payments and Privileges
An employee on leave without pay may continue his/her City insurance benefits by
reimbursing the City for the employee's costs of insurance on a monthly basis during
the period of the leave. Failure to reimburse the City for such benefits during the
term of a leave of absence will result in the employee's coverage terminating on the
first day following the month in which the last payment was received.
Upon the employee's return to paid status, any sums due to the City shall be repaid
through payroll deductions. This applies to sums due for insurance as well as other
payment plans entered into between the City and the employee ( e.g., computer loan).
Upon eligibility for COBRA, the employee will be notified of the opportunity to
continue benefit coverage via the COBRA process.
An employee on leave of absence without pay shall not have all of the privileges
granted to regular employees (e.g., holiday pay), unless required by law.
6. Pregnancy Disability Leave
Pregnancy Disability Leave shall be authorized and/or administered in accordance with the
provisions of State and Federal law. An employee disabled by pregnancy shall be allowed
to utilize a combination of accrued sick leave and vacation time and leave without pay to
take a leave for a reasonable period of time, not to exceed four months. An employee shall
utilize all accrued leave prior to taking leave without pay. Reasonable period of time means
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.
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7. Family and Medical Leave of Absence (FMLA)
An employee may be granted a FMLA of up to 12 weeks in a 12 month period for one or
more of the following reasons:
for the birth/placement of a child for adoption or foster care,
to care for an immediate family member with a serious health condition, or
to take medical leave when the employee is unable to work because of a serious
condition.
FMLA may be paid or unpaid and may be granted concurrently and in conjunction with
other leave and benefit provisions. Specific details regarding the provisions of this leave are
available by contacting the Human Resources Department.
8. Military Leave
Military leave shall be authorized in accordance with the provisions of State and Federal
law. The employee must furnish satisfactory proof to his/her Department Head, as far in
advance as possible, that he/she must report to military duty.
9. Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the shift. Employees shall be entitled to keep mileage reimbursement paid
while onjury duty.
A Department Head may, at his/her sole discretion, contact the court and request an
exemption and/or postponement of jury service on behalf of an employee.
Employees released early from jury duty shall report to their supervisor for assignment for
the duration of the work day. At the discretion of the supervisor, an employee may be
released from reporting back to work if an unreasonable amount of the work day remains in
light of travel time to the job site after release.
10. Extended Leave of Absence
Upon completion of 84 consecutive calendar days ( 12 weeks) of leave of absence (paid or
unpaid and except when leave is ordered by the city or when an employee is on an active
duty military leave) or completion of a leave of absence related to Section 4850 of the
Labor Code, whichever occurs later, an employee will not be eligible for the benefits listed
below:
• accrual of sick leave and vacation,
• cell phone allowance,
• car allowance and
• holiday pay for Fire Battalion Chiefs.
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On the day that the employee returns to work from the extended leave of absence, the
employee will resume eligibility for the abovementioned benefits and the employee's
vacation anniversary date and seniority (calculation of continuous service with the City)
will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive
calendar days or the completion of a leave of absence related to Section 4850 of the Labor
Code, whichever was longer.
Separation Compensation
All management employees involuntarily separated from the City service due to budget cutbacks,
layoffs, contracting out of service or for other reasons not due to misconduct which would justify
involuntary separation shall receive one month's salary computed at the employee's actual salary at
the time of separation.
Holidays
All management employees shall be paid holidays in accordance with the schedule of eleven (11)
holidays as established by the City Council. Fire Battalion Chiefs are subject to the same holiday
schedule that is outlined for management employees. However, they are compensated for holidays
in the same manner as CFA represented employees that work 112 hours per bi-weekly pay period.
The scheduled paid holidays that will be official City holidays shall be as follows:
New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Only employees who are on employed status on their last scheduled work day before a holiday shall
be entitled to the paid holiday except where otherwise required by law.
Effective July 1, 2019, all management employees will receive two floating holidays per fiscal year,
each year on July 1st.
The floating holiday may be used at the discretion of the employee with prior approval of the
employee's supervisor. The floating holiday must be taken as a full day off. There is no partial day
use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of
hours in the employee's regular work shift on that day. Unused floating holidays will not carry over
to the next fiscal year and will not paid out upon separation of employment.
Health Benefits
Management employees will participate in a flexible benefits program which includes medical
insurance, dental insurance, vision insurance, flexible spending accounts (FSAs) and Accidental
Death & Dismemberment insurance (AD&D). Each of these components is outlined below.
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1. Medical Insurance
Management employees will be covered by the Public Employees' Medical and Hospital Care
Act (PEMHCA) and will be eligible to participate in the California Public Employees'
Retirement System (CalPERS) Health Program. The City will pay on behalf of all management
employees and their eligible dependents and those retirees mentioned in the section of this
document titled, "Health Insurance for Retirees," the minimum amount per month required
under Government Code Section 22892 of the PEMHCA for medical insurance through the
California Public Employees' Retirement System (CalPERS). If electing to enroll for medical
benefits, the employee must select one medical plan from the variety of medical plans offered.
Effective January 1, 2018, the City will contribute the following monthly amounts ( called
"Benefits Credits") on behalf of each active management employee and eligible dependents
toward the payment of 1) medical premiums under the CalPERS Health Program, 2)
contributions in the name of the employee to the City's flexible spending account(s), 3) dental
premiums 4) vision premiums and/or 5) accidental death and dismemberment (AD&D)
premmms:
(a)
(b)
(c)
For employees with "Employee" coverage, the City shall contribute five
hundred seventy-three ($573) per month that shall include the mandatory
payments to CalPERS. If the actual total premiums exceed the City's total
contributions, the employee will pay the difference.
For employees with "Employee Plus One" coverage, the City shall contribute
one thousand one hundred forty-six dollars ($1,146) per month that shall
include the mandatory payments to CalPERS. If the actual total premiums
exceed the City's total contributions, the employee will pay the difference.
For employees with "Family" coverage, the City shall contribute one
thousand five hundred two dollars ($1,502) per month that shall include the
mandatory payments to CalPERS. If the actual total premiums exceed the
City's total contributions, the employee will pay the difference.
Subsequently, effective January 1 of each calendar year, the City monthly Benefits Credits will
change for each coverage level. The monthly Benefits Credits will be set to dollar amounts that
equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee
Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums
that will take effect on January 1 of the respective calendar year.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as
taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the
medical insurance purchased by the employee, the employee will have the option of using any
"excess credits" to purchase dental, vision, or accidental death and dismemberment (AD&D)
insurance or to contribute to a healthcare or dependent care flexible spending account (FSA),
instead of receiving taxable cash.
All management employees who work three quarter-time or less will receive prorated Benefits
Credits.
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2. Dental Insurance
Management employees will be eligible to enroll in or waive enrollment in a City-sponsored
dental plan at any coverage level.
3. Vision Insurance
Management employees will be eligible to enroll in or waive enrollment in a City-sponsored
vision insurance plan at any coverage level.
4. Waiver Provision
Management employees who do not wish to participate in the CalPERS Health Program will
have the choice of waiving the City's medical insurance program, provided they can show that
they are covered under another group insurance program.
The dollar amount paid by the City for employees who elect the waiver provision may change in
the first pay period of each calendar year. The Benefits Credits associated with waiving medical
coverage will be set equal to 50% of the Benefits Credits associated with Employee medical
coverage. If this results in a situation where the unused benefit credits associated with any
medical plan exceed the benefit credits associated with waiving medical coverage, the benefit
credits associated with waiving medical coverage will be set equal to one dollar ($1) above the
unused benefit credits associated with that medical plan.
Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as
taxable income.
Health Insurance for Retirees
Effective January 1, 2001, management employees will be covered by the Public Employees'
Medical and Hospital Care Act and will be eligible to participate in the California Public
Employees' Retirement System (CalPERS) Health Program. Management employees who retire
from the City, either service or disability, shall be eligible to continue their enrollment in the
CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to
enroll in a CalPERS medical plan at the time of separation from employment and their effective
date of retirement is within 120 days of separation. The City will contribute the minimum amount
per month required under Government Code Section 22892 of the PEMHCA toward the cost of
each retiree's enrollment in the CalPERS Health Program.
Employees who retire from the City, either service or disability, shall be eligible to elect, upon
retirement to participate in the City's dental and/or vision insurance programs as a retiree. The cost
of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely
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.
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Physical Fitness Reimbursement
All management employees shall be eligible for reimbursement of up to the amount of four hundred
fifty dollars ($450) during each fiscal year for the costs associated with physical fitness.
Each employee claiming reimbursement shall be required to submit original receipts to the Human
Resources department for approval and reimbursement.
The physical fitness reimbursement is offered to management employees to promote optimum
health. Services include, but are not limited to: health assessment testing and examinations,
computerized heart risk profile, complete blood profile, fees paid to physical fitness providers,
nutritional assessment and diet program.
Long-Term Disability Insurance (LTD)
Long-term disability is available for all management personnel after 30 calendar days of disability.
The LTD premium cost is paid by the City. Employees shall be entitled to combine accumulated
vacation leave ore-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.
Deferred Compensation
The City shall provide deferred compensation plan(s) which may be utilized by any management
employee. The City reserves the right to accept or reject any particular plan and to impose specific
conditions upon the use of any plan. It is acknowledged that the City will assist in the
administration of this benefit but that the City has no liability if an employee should default on the
repayment of such a loan.
Drug and Alcohol Policy
It is the policy of the City of Carlsbad to provide a work environment free from the effects of drugs
and alcohol consistent with the directives of the Drug Free Workplace Act.
The City provides a voluntary Employee Assistance Program (EAP) to assist employees who seek
help for substance abuse or other personal problems affecting work or family life. This program is
available to employees and their family members and offers 24-hour access to confidential
professional EAP assistance for emergency or urgent situations. For more specific information,
contact the Human Resources Department or visit the City's intranet site.
Uniform Reimbursement & Reporting the Value of Uniforms to CalPERS
Reimbursement to the Police Chief and Assistant Police Chief for the cost of purchasing and
maintenance of required uniforms shall be $34.62 per pay period.
14
Revised l I /12/19 Nov. 12, 2019 Item #1 Page 80 of 129
Management Compensation and Benefits Plan
Effective May 31, 2010, all fire management employees who are required to wear City-provided
uniforms will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation
related to the monetary value of the required uniforms, excluding boots.
Under PEPRA, this benefit is not reported to CalPERS as special compensation for new members.
Fire Safety Management
1. Post-Retirement Healthcare Trust
Employees promoted into a fire safety management classification from a position represented by
CF A, Inc. after the establishment of the post-retirement healthcare trust by CF A, Inc. shall
contribute into the post-retirement healthcare trust established by CF A, Inc. via payroll deductions
until participation by CF A, Inc., in this type of trust is terminated. The employee contribution
amount shall be equal to the amount established for employees represented by CF A, Inc. In
addition, the city will make monthly contributions per fire safety management employee who is
contributing to the trust. The city contribution amount will be equal to the amount established for
employees represented by CF A, Inc. The City has no administrative responsibilities or liabilities
related to this benefit, other than processing of payroll contributions as described above.
2. Overtime
The classifications of Fire Chief, Fire Division Chief, Fire Battalion Chief and Fire Marshal are
exempt from overtime requirements under FLSA. However, Fire Battalion Chiefs are paid
straight time for overtime when they are covering the duty for a Battalion Chief who is on a
leave of absence and when they are directed to attend a mandatory training class associated with
the rank of Battalion Chief on a non-scheduled work day.
Through the California Fire and Rescue Mutual Aid System and California Fire Assistance
Agreement (CFAA), and at the request of the California Governor's Office of Emergency
Services (Cal OES), California Department of Forestry and Fire Protection (CAL FIRE),
Federal Fire Agencies or other fire agencies, City of Carlsbad Fire Department personnel can be
assigned to locations throughout California in the event of a local, State, or Federal emergency.
In the event this occurs, employees in the classification of Fire Division Chief and Fire Marshal
who are assigned to the emergency location are paid straight time for overtime (portal to portal)
beginning at the time of dispatch to the return to jurisdiction and employees in the classification
of Fire Battalion Chief who are assigned to the emergency location are paid at a rate of 1.5 for
overtime (portal to portal) beginning at the time of dispatch to the return to jurisdiction.
Special Assignment and Temporary Upgrade Pay
Whenever the needs of the City require an employee to temporarily perform the duties of a job
classification that has a higher pay range than the pay range associated with their current job
classification for a period of more than twenty-one (21) calendar days, the employee shall be
designated as being in a special assignment and receive additional temporary upgrade pay. In such
cases, the employee shall be paid at an appropriate level which will assure an increase of not less
than five percent (5%) greater than his/her current salary. Subsequent to designation in a special
assignment, in the event that the situation changes and the City does not need the employee to serve
in the assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive
15
Revised I l /12/ I 9 Nov. 12, 2019 Item #1 Page 81 of 129
Management Compensation and Benefits Plan
the temporary upgrade pay for that period of time the assignment lasts. In the event that at the
beginning of a special assignment, it is not perceived that the assignment will last at least twenty-
one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one
(21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade
pay retroactive to the first day of the acting assignment.
No employee shall be required to perform any of the duties of a higher classification unless that
employee is deemed to possess the minimum qualifications of the higher classification by the
Human Resources Director as recommended by the affected Department Head. Exceptions to the
minimum qualifications criteria may be recommended by the affected Department Head on a case
by case basis. If the employee does not meet the minimum qualifications for the higher
classification he/she shall receive not less than 2.5% temporary upgrade pay.
The temporary upgrade pay shall commence on the first (1st) calendar day of the special
assignment. The recommendation that an employee be placed in a special assignment shall be put in
writing by the affected Department Head and submitted to the Human Resources Director for
approval. The employee shall not serve for more than one hundred and eighty (180) calendar days
in a special assignment unless approved by the City Manager or his/her designee.
If an employee is on a leave of absence (paid or unpaid and except when leave is ordered by the
city) for more than twenty-one (21) calendar days, the temporary upgrade pay associated with their
special assignment shall cease on the twenty-second (22nd) day. On the day that the employee
returns to work, if the supervisor determines that the employee is required to continue to perform
the duties of the special assignment, the temporary upgrade pay will resume as of the day the
employee returns to work.
A person in a special assignment shall be eligible to receive pay increases in his/her regular position
during the special assignment. The Human Resources Director shall obtain the employee's consent
for the special assignment prior to the employee's assuming or continuing the duties and additional
compensation, which shall clearly state that it is understood that a reduction in salary will occur due
to cessation of the temporary upgrade pay upon the expiration of the need for the special
assignment.
Educational Incentive
Effective January 1, 2019, employees in the classifications of Police Chief and Assistant Police
Chief who present proof to the Professional Standards Division Sergeant, Carlsbad Police
Department, of evidence of the award of a Management certificate issued by the State of California
Commission on Peace Officer Standards and Training (POST) will be eligible to receive
educational incentive pay in the amount of four hundred sixty-two dollars ($462) biweekly.
Eligibility for receiving the compensation will be based upon the date the employee provides
evidence of eligibility to the Professional Standards Division Sergeant. It is the sole responsibility
of the employee to make notification of eligibility for the educational incentive pay.
16
Revised 11/12/19 Nov. 12, 2019 Item #1 Page 82 of 129
Exhibit 2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD POLICE MANAGEMENT ASSOCIATION
Term: January 1, ±W-6--2019 -December 31, ~2021
TABLE OF CONTENTS
Preamble Page 2
Article 1 Implementation Page 2
Article 2 Term and Renegotiation Page 2
Article 3 Authorized Agents Page 2
Article 4 Recognition Page 2
Article 5 Savings Clause Page 3
Article 6 Nondiscrimination Clause Page 3
Article 7 Management Rights Page 3
Article 8 Basic Work Week/Work Day Page 3
Article 9 Court and Hearings Page 3
Article 10 Sick Leave/Bereavement Leave Page 4
Article 11 Association Rights Page 6
Article 12 Overtime Page 7
Article 13 Call Back Page 7
Article 14 Seniority Page 8
Article 15 Peaceful Performance of City Services Page 8
Article 16 Discipline of an Employee Page 9
Article 17 Retirement Benefits Page 10
Article 18 Flexible Benefits Program Page 11
Article 19 Uniform Reimbursement Page 13
Article 20 Vehicles for Investigations Page 14
Article 21 Long Term Disability Page 14
Article 22 Leave of Absence Page 14
Article 23 Disability Retirement Page 17
Article 24 Vacation Page 17
Article 25 Holidays Page 19
Article 26 Alcohol and Drug Policy Page 19
Article 27 Employer Searches Page 22
Article 28 Performance Management and Compensation System Page 23
Article 29 Executive Leave Page 33
Article 30 Life Insurance and Voluntary Benefits Page 33
Article 31 Separation Compensation Page 33
Article 32 Annual Physical Examination/Physical Fitness TestingReimbursement Page 33
Article 33 Deferred Compensation Page 33
Article 34 Educational Incentive Page 34
Article 35 Re-opener Page 34
Article 36 Temporary Upgrade Pay Page 35
Article 37 Police Captain and City of Carlsbad Personnel Rules Page 35
and Regulations
Artic le 38 Shift Differential Paae
Nov. 12, 2019 Item #1 Page 83 of 129
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the date of formal approval hereof by
the City Council of the City of Carlsbad, by and between designated management representatives of the
City of Carlsbad (hereinafter referred to as the "city") and the designated representatives of the Carlsbad
Police Management Association (hereinafter referred to as "CPMA").
PREAMBLE
It is the purpose of the Memorandum of Understanding (hereinafter referred to as "Memorandum") to
promote and provide for harmonious relations, cooperation and understanding between the city and the
local safety police management employees covered under this Memorandum; to provide an orderly and
equitable means of resolving any misunderstandings or differences which may arise under this
Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations
regarding wages, hours and other terms and conditions of employment of the employees covered under
this Memorandum, which agreement the parties intend jointly to submit and recommend for City Council
approval and implementation.
ARTICLE 1. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council
following ratification of the Memorandum by the membership of CPMA. It is agreed that the city will act
in a timely manner to make the changes in city ordinances, resolutions, rules, policies and procedures and
those of the Police Department necessary to implement this Memorandum.
ARTICLE 2. TERM AND RENEGOTIATION
2.1 The term of this Memorandum shall commence on January 1, W¼2019, and shall continue until
December 31, ~2021 .
2.2 Negotiations for a successor Memorandum shall begin by the exchange of written proposals in
approximately October August 202 l~.
ARTICLE 3. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum:
3.1 City's principal authorized agent shall be the City Manager or a duly authorized representative
[Address: 1200 Carlsbad Village Drive, Carlsbad, California 92008; Telephone: (760) 434-
2821] except where a particular representative is specifically designated in connection with the
performance of a specific function or obligation set forth herein.
3.2 CPMA's principal authorized agent shall be its President or duly authorized representative
[Address: 2560 Orion Way, Carlsbad, CA, 92010] and PORAC of California [Address: 4010
Truxel Rd. Sacramento, CA 95834-3725; Telephone: 916-928-3777].
ARTICLE 4. RECOGNITION
The city recognizes CPMA as the majority representation of the bargaining unit that includes the
classifications of Police Captain and Police Lieutenant.
2 Nov. 12, 2019 Item #1 Page 84 of 129
Exhibit 2
ARTICLE 5. SAVINGS CLAUSE
If any articles of this Memorandum should be found invalid, unlawful or unenforceable by reason of
existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this
Memorandum shall remain in full force and effect for the duration of this Memorandum.
ARTICLE 6. NONDISCRIMINATION CLAUSE
Neither city nor CPMA shall interfere with, intimidate, restrain, coerce, or discriminate against employees
covered by this Memorandum because of exercise of rights to engage or not engage in CPMA activity or
because of the exercise of any right provided to the employees by this Memorandum.
ARTICLE 7. MANAGEMENT RIGHTS
The rights of the city include, but are not limited to, the exclusive right: to determine the mission of its
major service areas, departments, commissions, and boards; to set standards of service; to determine
procedures and standards of selection for employment and promotion; to direct its employees; to take
disciplinary action; to relieve employees from duty because oflack of work or other legitimate reasons; to
transfer employees among various department activities and work groups; to maintain the efficiency of
city operations; to determine the methods, means and personnel by which city operations are to be
conducted; to determine the contents of job classifications; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion over its organization and the
technology for performing its work.
Nothing in this Memorandum shall require the city to meet and confer over the exercise of its
management rights, however, in so doing; the city shall comply with all applicable provisions of this
Memorandum.
ARTICLE 8. BASIC WORK WEEK/WORK DAY
8.1
8.2
8.3
8.4
8.5
8.6
Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
In accordance with section 7(k) of the Fair Labor Standards Act, the official work period for
sworn employees begins on Sunday at 00:01 hours and ends 14 days later at 23:59 hours.
Overtime shall be compensated in the manner prescribed by Article 12 of this Memorandum.
References in the Memorandum to a 3/12 schedule refer to a schedule in which employees work
three 12-hour shifts during one of the workweeks in a two-week pay period and three 12-hour
shifts plus one 8-hour shift during the other workweek in the pay period, for a total of 80 hours
worked in the pay period.
Members of this bargaining unit will be given two (2) fifteen-minute rest periods and one (1)
half-hour lunch break each workday without loss of pay.
All unit members may be assigned to either a 3/12, 5/8, 4/10 or 9/80 work schedule . In general,
unit members assigned to patrol shall work a 3/12 schedule.
For Police Lieutenants in PatroL deployments shall be six months in length and shifts shall be bid
one month in advance according to seniority. The Police Chief has discretion to alter shifts as
reasonably necessary at any time based on depmiment needs. There are no vested rights to a
specific shift.
3 Nov. 12, 2019 Item #1 Page 85 of 129
ARTICLE 9. COURT AND HEARINGS
9 .1 Compensation: Off duty Lieutenants who appear in court or at a hearing pursuant to an official
request from a legally constituted body regarding matters arising out of, or associated with, their
employment shall be compensated at a minimum of four ( 4) hours per day calculated at time and
one-half the employee's regular rate of pay. Actual time spent in court over the four (4) hour
minimum on the same day is compensable at time and one-half the Lieutenant's regular rate of
pay.
9.2 Contiguous Time: This minimum hour guarantee shall not apply if the court or hearing
appearance is contiguous with the commencement or end of the Lieutenant's regularly scheduled
work shift. In that situation, the Lieutenant shall receive overtime compensation at the following
rate.
Any subpoena received with an appearance time of two (2) hours prior to the commencement of
the employee's work shift will receive two (2) hours compensation at the overtime pay rate.
Any subpoena received with an appearance time of one ( 1) hour prior to the commencement of
the employee's work shift will receive one (1) hour compensation at the overtime pay rate.
Lieutenants who receive subpoenas for separate cases on the same day that overlap minimum
hour designations are entitled to contiguous time as opposed to separate three/four hour
mmnnums.
9.3 Lunch Break Compensation: When personnel required to appear in court or at a hearing are held
over during the normal lunch break for further appearance after lunch, they shall be entitled to
credit for the lunch break as time worked.
9 .4 Transportation: When available, Carlsbad Police Department vehicles shall be used for employee
transportation. Mileage expenses will not be paid for appearances in court or at a hearing when
the court or hearing location is within a 20 mile radius of the Carlsbad Police Department. If the
court or hearing location is beyond a 20 mile radius of the Carlsbad Police Department and a
Carlsbad Police Department vehicle is not available, the employee will receive reimbursement for
mileage expenses to and from the court or hearing location, or the round trip distance between the
court or hearing location and the Carlsbad Police Department, whichever is less. Employees shall
be reimbursed for mileage expenses as set out in Council Policy Statement of the City of Carlsbad
titled "Travel Policy" with an effective date of 12/14/99, including any subsequent changes to this
policy.
9.5 Phone Testimony: When off duty Lieutenants provide court or hearing testimony via telephone,
the employee shall be compensated for the actual time of the telephone testimony or a minimum
of one (1) hour, whichever is greater, at time and one-half the employee's regular rate of pay.
9.6 District Attorney Conversation: When off duty Lieutenants receive calls from District Attorney
personnel regarding criminal cases, employees will receive no compensation for conversations
lasting less than 10 minutes. Lieutenants will receive compensation at time and one-half the
employee's rate of pay for the actual time of the conversation or a minimum of one (1) hour,
whichever is greater, for conversations lasting 10 minutes or longer. Lieutenants receiving
multiple calls within the same one hour period shall only receive one hour compensation.
4 Nov. 12, 2019 Item #1 Page 86 of 129
Exhibit 2
ARTICLE 10. SICK LEAVE/BEREAVEMENT LEAVE
10.1 Every employee will accrue sick leave at the rate of 16 minutes per calendar day. Sick leave may
be used in 15 minute increments.
10.2 Accrued, unused sick leave may be carried over to succeeding years, but will not be paid out
when an employee's employment with the city ends.
10.3 Employees shall be granted sick leave: (1) to recuperate from or receive treatment for personal
injuries or illnesses; (2) to care for an injured or ill family member; or (3) to attend the
employee's own or a family member's medical, dental, or optometry appointments.
In addition, in the event of the death of an employee's family member, the employee may take up
to three (3) consecutive shifts of paid time off for bereavement. In extreme circumstances, the
Police Chief may allow the employee to take additional time off in the form of accrued sick leave
or vacation or treated as leave without pay.
For the purpose of this section, the term "family member" shall be defined in the personnel rules
and regulations.
10.4 An employee who is absent because of a personal injury or illness or the injury, illness, or death,
of a family member must notify the employee's supervisor as soon as possible on the first day of
the absence. An employee who needs to be absent to attend a medical , dental, or optometry
appointment must have the absence approved in advance by the employee's supervisor.
10.5 Sick leave may not be taken as vacation time, nor compensated in cash at any time, except as
provided for in this article.
10.6 If an absence is for more than three (3) consecutive workdays and/or if it is covered by workers'
compensation, the pregnancy disability provisions of the California Fair Employment and
Housing Act, the California Family Rights Act, or the federal Family and Medical Leave Act, the
city may require the employee to provide a medical certificate supporting the need for the
absence.
10.7 Time off to take a physical examination for induction into or recall to active duty with the Armed
Forces will be handled in accordance with applicable state and federal law.
10.8 An employee making a blood donation without charge will be given reasonable time off for that
purpose. No charge will be made against the employee's sick leave or vacation when the absence
is approved in advance by the employee's supervisor.
10.9 During the first pay period of each fiscal year, any regular employee who has accrued and
maintains a minimum of one hundred (100) hours of sick leave will be permitted to convert up to
ninety-six (96) hours of accrued, unused sick leave to vacation at ratio of twenty four (24) hours
of sick leave to eight (8) hours of vacation. However, an employee will not be permitted to
convert sick leave to vacation if the conversion would cause the employee to exceed the vacation
accrual maximum specified in Article 24.
10.10 Any regular employee applying for retirement with the Public Employees' Retirement System
may convert accrued and unused sick leave to service time at the rate specified in California
Government Code section 20965.
5 Nov. 12, 2019 Item #1 Page 87 of 129
10.11 Nothing in this Article precludes the city from taking appropriate action in the event of abuse of
sick leave.
ARTICLE 11. ASSOCIATION RIGHTS
11.1 The city recognizes the right of the CPMA to govern its internal affairs.
11.2 The parties to this Memorandum fully support the concept of the Public Safety Officers
Procedural Bill of Rights Act, Sections 3300, et seq ., of the Government Code.
11.3 Upon the receipt of a written request and authorization from an employee for deduction of CPMA
dues and other lawfully permitted deductions, the city shall withhold such dues and deductions
from the salary of the employee and remit the withholdings to the CPMA. The city shall continue
to withhold such deductions unless the employee files a statement with the city withdrawing
authorization for the continued withholding of the deductions. The effective date of withholding,
time of remitting withholdings to the CPMA, and all procedural matters shall be determined in
accordance with the Rules and Regulations of the city.
11.4 The CPMA shall provide and maintain with the city a current list of the names and all authorized
representatives of the CPMA. An authorized representative shall not enter any work location
without the consent of the Police Chief or his designee or the City Manager or his designee. The
Police Chief or his designee shall have the right to make arrangements for a contact location
removed from the work area of the employee.
11.5 The CPMA shall be allowed to designate employee representatives to assist employees in:
11.5 .1
11.5 .2
Preparing and presenting material for Disciplinary Appeals hearings;
Preparing and presenting material for any matter for which representation is
granted pursuant to the provisions of California Government Code Sections
3300, et seq., known as the Public Safety Officers Procedure Bill of Rights
Act.
11.6 Designated employee representatives shall be allowed reasonable release time from regularly
scheduled duties to attend meet and confer sessions with the city.
11. 7 Designated employee representatives requesting time off under this Article shall direct such
request to their immediate supervisors in writing within a reasonable time period to the date
requested, in order to assure that the Department meets its staffing needs and to assure sufficient
coverage of departmental assignments.
11 .8 The city will furnish bulletin board space in the Police Department for the exclusive use of the
CPMA. Material placed on the bulletin boards shall be at the discretion of the CPMA and shall
be removed by management only in the event the material is obviously offensive to good taste or
defamatory, and shall be removed only on prior notification to a CPMA representative . The
CPMA shall be responsible for maintaining bulletin boards exclusively used by the CPMA in an
orderly condition and shall promptly remove outdated materials.
11.9 Use of City F acilities
6 Nov. 12, 2019 Item #1 Page 88 of 129
11.9.1
11.9.2
ARTICLE 12. OVERTIME
Exhibit 2
The CPMA may, with the prior approval of the City Manager, be granted the
use of the city facilities for off-duty meetings of CPMA members, provided
space is available. All such requests will be in writing to the City Manager.
The use of city equipment other than items normally used in the conduct of
business meetings, such as desks, chairs and blackboards, is strictly
prohibited, the presence of such equipment in approved city facilities
notwithstanding.
12.1 Overtime Pay: Lieutenants shall be entitled to overtime compensation at the premium rate of one
and one half (1 l /2) times the employee 's regular rate of pay for all time worked, { or regarded as
having been worked because the employee is on an approved paid leave},-in excess of the
employee's regularly scheduled work day and/or in excess of eighty (80) hours per fourteen (14)
day work period. The regular rate of pay shall be calculated in conformance with the FLSA.
12.2 Comp. Time Option: Lieutenants shall have the option (with the exception of "Pay Only
Details") of receiving earning compensatory time off hours at the premium rate of 1.5 hours per
ove 1time hour worked in lieu of cash, subject to a maximum accumulation of one hundred and
fifty (150) hours of compensatory time off effective the first day of the first full pay period ·
following ratification of this MOU . When a Lieutenant has accumulated the maximum number
of hours of compensatory time off, he/she shall receive all overtime compensation in cash until
such time as the Lieutenant's compensatory time off bank is no longer at the maximum .~
12.3 Comp. Time Exception: Special details where the city is reimbursed for employees'
compensation from an outside entity shall be for pay only. Lieutenants volunteering for such
details are not eligible for compensatory time off in lieu of cash.
ARTICLE 13. CALL BACK
13 .1 Only Lieutenants are eligible for Call Back Pay as described in this article.
13 .2 Description: If an employee is required to return to his or her place of employment or other work
location directed by the employer at a time that is not part of the employee's regularly scheduled
work shift, that employee shall receive appropriate overtime pay, as described in Article 17, for
the actual number of hours worked, subject to the following:
13.3 Scheduled Call Back Minimum: For Call Backs scheduled in advance, such as for training or
firearms qualification, the employee shall receive a minimum of two hours of appropriate
overtime compensation. No travel time is provided for scheduled call backs .
13.4 Non-scheduled Call Back Minimum: For Call Backs not scheduled in advance, the employee
shall receive a minimum of four hours of appropriate overtime compensation.
13.5 Travel Time: Employees who are called back shall receive tra:Yel time to and from the call back
assignment. Travel time is included as part of the call back minimum compensation or the call
back overtime if the call back (travel time plus detail time) exceeds the approved minimum
guarantees. The maximum approved travel time is set as follows:
7 Nov. 12, 2019 Item #1 Page 89 of 129
(a) Police Department: If the call back is to the Carlsbad Police Department or other site
within a 20 mile radius of the Carlsbad Police Department, the travel time is capped at a
maximum of one hour round trip .
(b) Other Site: If the call back is to a site outside of the 20 mile radius of the Carlsbad Police
Department, travel time shall be the actual amount of time required to drive to the call
back site and return to employee's residence.
Employees who are called back for immediate service and who are required to return to
his or her p lace of employment or other work location directed by the employer at a time
that is not part of the employee's regularly scheduled work shift, are eligible for travel
time.
13 .6 Transportation: Mileage reimbursement for expenses to the Carlsbad Police Department or to
any site within a 20 mile radius of the Carlsbad Police Department will not be compensated . If an
employee is directed to a site beyond a 20 miles radius of the Carlsbad Police Department, the
employee will receive mileage reimbursement for expenses to and from the directed site or the
round trip distance between the directed site and the Carlsbad Police Department, whichever is
less.
13.7 Contiguous Time: These minimums shall not apply to situations where the call back is
contiguous with the commencement or end of the employee's regularly scheduled work shift. In
that situation, the employee shall receive applicable overtime compensation for all time actually
worked beyond the regularly scheduled work shift.
ARTICLE 14. SENIORITY
14.1 The seniority of an employee is based on the number of calendar months of continuous service in
the Carlsbad Police Department. Within a rank, the seniority of an employee is based on the
number of calendar months of continuous service in the Carlsbad Police Department in that rank.
An employee promoted to a higher rank and later demoted back to the original rank shall have
seniority calculated for all time of continuous service in the higher rank and the original rank
combined.
14.2 If an employee voluntarily leaves the city's employ or is dismissed for cause, the employee will
lose all seniority credited prior to then. Reemployment will not restore the lost seniority . Instead,
if an employee is reemployed, seniority will be based on the reemployment date . This section
does not apply to employees who successfully appeal a termination for cause and are ordered to
be reinstated to employment.
14 .3 An employee laid off will, after reinstatement, regain the seniority credit the employee possessed
at the time of layoff, provided the reinstatement occurs within twenty-four (24) months of the
layoff.
14.4 Refer to Article 22.3 for information re: the impact of a leave of absence on seniority .
ARTICLE 15. PEACEFUL PERFORMANCE OF CITY SERVICES
8 Nov. 12, 2019 Item #1 Page 90 of 129
Exhibit2
15 .1 During the term of the Memorandum, the CPMA, its representatives, or members shall not
engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind against
the City of Carlsbad.
15 .2 During the term of the Memorandum, the city will not instigate a lockout over a dispute with the
employees.
15 .3 As used in this section, "strike or work stoppage" means the concerted failure to report for duty,
the willful absence from one's position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employment for the purpose of inducing,
influencing or coercing a change in the conditions of compensation, or the rights, privileges or
obligations of employment.
ARTICLE 16 . DISCIPLINE OF AN EMPLOYEE
16.1 The city may only discipline regular employees for just cause. In the case of disciplinary action
involving suspension, demotion or discharge, the employee shall be given notice of the action to
be taken, the evidence or materials upon which the action is based, and an opportunity to respond
to the Police Chief either orally or in writing, provided the employee requests the opportunity
within seven (7) calendar days of the notice of the action. The above process will occur prior to
the imposition of the discipline.
16.2 Except as provided in Section 22.4, all employees have the right to appeal their discipline
according to the appeal procedure as set out below. Written notice of discipline shall inform and
remind the disciplined employee of this right.
Hearing Officer. The employee or employee organization and the city will attempt to develop a
permanent list of five (5) mutually acceptable hearing officers. If a mutually acceptable list
cannot be developed, the parties agree that the advisory hearing will be conducted before a
hearing officer selected by the parties from a list provided by the California State Mediation and
Conciliation Service. If the parties cannot mutually agree on the hearing officer they will use a
strikeout procedure using a list of seven names provided by the California State Mediation and
Conciliation Service. The appellant will have the prerogative of striking the first name.
The city will bear all administrative costs associated with an appeal of discipline and the
subsequent hearing including the hearing officer, court reporter and transcription costs, if any.
The employee or employee organization will be responsible for the cost of his or her own
representation or attorney fees and preparation of documents .
16.3 Once discipline has been imposed, the Police Chief or an authorized designee shall specify the
period of time, from two to four years that the discipline will remain in the affected employee's
personnel records , unless a longer period is required by law. At the end of the designated period
of time, the disciplinary action shall be removed from the employee's personnel file. It is the
responsibility of the employee to initiate a request for removal of disciplinary action from the
employee's personnel file . The only permitted use of the removed disciplinary action shall be in
a later disciplinary proceeding where there is an allegation of similar or cumulative activity or
misconduct.
16.4 Nothing in this Memorandum shall be construed to require "cause" or "just cause" for the
rejection of a probationary employee prior to the expiration of the probationary period. A
9 Nov. 12, 2019 Item #1 Page 91 of 129
probationary employee rejected during the probationary period shall not be entitled to appeal such
rejection to the Hearing Officer, but shall be entitled to an opportunity to discuss the rejection
with the Police Chief.
16.5 Right of Appeal. Any regular employee shall, within seven (7) calendar days, have the right to
appeal to the Hearing Officer any disciplinary action.
16.6 Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the
Human Resources Director, who shall, within ten (10) calendar days after receipt of the appeal,
inform the Hearing Officer of the action desired by the appellant and the reasons why. The
formality of a legal pleading is not required.
16 .7 Notice. Upon the filing of an appeal, the Human Resources Director shall set a date for the
hearing on the appeal not less than ten (10) calendar days nor more than thirty (30) calendar days
from the date of filing, unless the parties mutually agree to a later hearing date: The Human
Resources Director shall notify all interested parties of the date, time, and place of the hearing.
16.8 Hearings. Unless physically unable to do so, the appellant shall appear personally before the
Hearing Officer at the time and place of the hearing. The appellant may be represented at the
hearing by any person or attorney the appellant selects and may produce any relevant oral or
documentary evidence. The city shall bear the burden of proof; therefore, the city shall state its
case first and, at the conclusion, the appellant may then present evidence. Rebuttal matter not
repetitive may be allowed in the discretion of the Hearing Officer. Cross-examination of
witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control
of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before
it. Hearings need not be conducted according to technical rules relating to evidence and
witnesses. Hearings will be closed unless at least four ( 4) business days prior to the hearing the
appellant, in writing, requests an open hearing. At the conclusion of the hearing, the hearing
officer will make a recommendation. If either party disagrees with the Hearing Officer's
recommendation, that party may request, within ten (10) calendar days, to present their case to the
City Council before the City Council renders a final decision .
16.9 Findings and Recommendations. The Hearing Officer shall, as soon as possible after the
conclusion of the hearing, certify his/her findings and decisions in writing to the City Council and
to the appellant. The City Council shall review the findings and recomm~mdations of the Hearing
Officer and may then affirm, revoke or modify the action taken as, on its judgment, seems
warranted, and the action taken shall be final. The Hearing Officer may submit a minority or
supplemental finding and recommendation. In the case of suspension, discharge or demotion, the
appointing power shall reinstate an employee to the employee's former status if the City Council
determines that the action was for discriminatory reasons.
16.10 Disciplinary appeal hearing. During any disciplinary appeal hearing, either party may file a
written motion with the City Clerk for the City of Carlsbad seeking authorization from the City
Council to pursue an interlocutory writ in court to challenge a ruling or action by a hearing
officer. The motion for authorization shall be heard in closed session, unless waived by the
appellant. Either party 's representative may make a statement to the City Council on the issue of
whether authorization to seek a writ is justified. During this hearing on the motion for
authorization to pursue a writ, neither party may discuss the merits or the factual basis of the
underlying administrative hearing with the City Council. The parties should limit their discussion
as to the ruling or action of the hearing officer and why the matter warrants the pursuit of an
interlocutory writ before the conclusion of the disciplinary appeal hearing. The party appealing
10 Nov. 12, 2019 Item #1 Page 92 of 129
Exhibit 2
the discipline shall not be required to seek authorization from the City Council in order to pursue
an interlocutory writ in court as to those issues in which the court has initial jurisdiction,
including but not limited to, claims of a violation of the Public Safety Officers Procedural Bill of
Rights Act .
ARTICLE 17. RETIREMENT BENEFITS
17 .1 The city has contracted with CalPERS for the following retirement benefits:
Safety "Classic" Members (those that do not qualify as "New Members" as defined below)
• Safety Tier 1 -Employees entering City of Carlsbad safety CalPERS membership for the
first time prior to October 4, 2010 -The retirement formula shall be 3% @ 50; single
highest year final compensation.
• Safety Tier 2 -Employees entering City of Carlsbad safety CalPERS membership for the
first time on or after October 4, 2010 -The retirement formula shall be 2% @ 50; three
year average final compensation. '
• Safety Tier 3 -Employees entering City of Carlsbad safety CalPERS membership for the
first time on or after January 1, 2013 -The retirement formula shall be 2 . 7% @ 57; three
year average fmal 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 includes but is not limited to the following retirement benefit:
• Safety The retirement formula shall be 2 .7%@ 57; three year average final
compensation .
17 .2. Employee Retirement Contribution
The employee retirement contribution will be made on a pre-tax basis by implementing
provisions of section 414(h)(2) of the Internal Revenue Code (IRC).
Employees shall make the following employee retirement contributions through payroll
deductions:
• Safety employees subject to the 3%@ 50 and 2%@ 50 benefit formula shall pay all of
the employee retirement contribution (9% ).
• Safety employees who meet the definition of "New Member" under PEPRA shall pay-the
required PEPRA member contribution rate as established by CalPERS one half of the
normal cost rate associated 1Nith their benefit plan .
1 7 .3 If the Employer Paid Member Contribution (EPMC) is greater than zero, the city shall report the
value of the EPMC as additional (special) compensation to CalPERS for all CPMA represented
employees designated as "classic members".
ARTICLE 18. FLEXIBLE BENEFITS PROGRAM
11 Nov. 12, 2019 Item #1 Page 93 of 129
18 .1
18 .2
Employees represented by the CPMA will participate in a flexible benefits program that includes
medical insurance, dental insurance , vision insurance, AD&D insurance and flexible spending
accounts (FSAs). Each of these components is outlined below .
Benefits Credits and Medical Insurance : During the entire term of this agreement, represented
emplovees 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 18 .6 of this Article, the minimum amount per month required under
Government Code Section 22892 of the PEMHCA for medical insurance through the California
Public Employees' Retirement System (CalPERS). If electing to enroll for medical benefits, the
employee must select one medical plan from the variety of medical plans offered .
The city shall contribute monthly amounts (called "Benefits Credits") on behalf of each active
employee and eligible dependents toward the payment of medical premiums under the CalPERS
Health Program . The city contribution shall be based on the employee's medical coverage level
and shall include the mandatory payments to CalPERS . If the actual total premiums ex ceed the
city 's total contributions. the employee will pay the difference .
Waiver Provision: CPMA-represented employees who do not wish to participate in the CalPERS
Health Program will have the choice of waiving the city 's medical insurance program, provided
they can show that they are covered under another group insurance program . The benefits credits
associated with waiving medical coverage will be set equal to 50% of the benefit credits
associated with Employee Only medical coverage level. If this results in a situation where the
unused benefit credits associated with any medical plan exceed the benefit credits associated with
waiving medical coverage, the benefit credits associated with waiving medical coverage will be
set equal to one dollar ($1) above the unused benefit credits associated with that medical plan.
Excess and Unused Benefits Credits : If the Benefits Credits exceeds the cost of the medical
insurance purchased by the employee, the employee w ill have the option of using any "excess
credits" to purchase city-sponsored dental insurance, vision insurance, accidental death and
dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible
spending account (FSA). Unused Benefits Credits will be paid to the employee in cash and
reported as taxable income.
The Benefits Credits for calendar ye a r 2019 shall increase as shown in the table below. To
provide CPMA represented employees with the value of the increase in 2019 Benefits Credits ,
with the payroll for the fir st full pay period after ratification of this Memorandum by the City
Council, the city shall make a one-time taxable (non-PERSable) cash payment equal to the
increase in benefits credits for CPMA members employed by the city on that date . The increase
in Benefits Credits shall be given to each employee based on the employee 's medical coverage
level in the pay period in which the cash a mount is paid and pro -rated based on the employee's
benefit-eligibility date (i.e., the date they became eligible for city benefits). Employees hired
during subsequent pay periods in calendar year 2019 shall receive a cash payment for this
increase in Benefits Credits in the pay period in which they become benefit-eligible .
Medical
Coveraae Level
Prior Monthly
Benefits Credits
12
2019 Monthly
Benefits Credits
Monthly
Increase
Nov. 12, 2019 Item #1 Page 94 of 129
Exhi bit 2
Emolovee $573.00 $577.00 $4.00
Emolovee + 1 $1,146.00 $1,158.00 $12 .00
Familv $1,502 .00 $1,528.00 $26.00
Waive Medical $286.50 $416 .68 $130 .18
Effective the pay periods that include 1/1/2020 , 1/1 /2021 and 12 /31/2021 the city monthly benefit
credits associated with each medical coverage level will be set to dollar amounts that equate to
80% of the average health (medical, dental and vision) premium for Em plo yee, Employee Plus
One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that
will take effect on January I of the respective calendar year.
18.3 Dental Insurance
CPMA employees may choose to enroll in or opt out of the city-sponsored dental insurance plan
at any coverage level.
18.4 Vision Insurance
CPMA employees may choose to enroll in or opt out of the city-sponsored vision insurance plan
at any coverage level.
18 .5 Accidental Death & Dismemberment (AD&D) lnsurance
CPMA employees may choose to enroll in or opt out of the city-sponsored Accidental Death &
Dismembennent (AD&D) insurance plan at any coverage level.
18. 6 Retirees
18.1
Each retired employee who was a member of this bargaining unit is covered by the Public
Employees ' Medical and Hospital Care Act and is eligible to participate in the California Public
Employees ' Retirement System (CalPERS) Health Program . Represented employees who retire
from the city, either service or disability, shall be eligible to continue their enrollment in the
CalPERS Health Program when they retire. provided that the individual is enrolled or eligible to
enroll in a Cal PERS 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 Ca!PERS Health Program. Direct authorization may be
e stablished for automatic deduction of payments for health insurance administered by CalPERS.
Employees who retire from the city , either service or disability. shall be eligible to elect, upon
retirement. to pa11icipate 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
ch ooses coverage and later drops it is not eligible to return to the city's dental and vision
msurance programs .
The city will invoice the retiree for his/her monthly premiums for dental and/or vision insurance
and the retiree must keep such payments current to ensure continued coverage.
Employees represented by the CPMA will participate in a flexible ben efits program that includes
medical insurance, dental insurance, vision insurance , accidental death and dismemberment
insurance (AD&D) and flexible spending accounts (FSAs).
13 Nov. 12, 2019 Item #1 Page 95 of 129
18 .2 Medical Insurance: During the entire tenn of this agreement, represented employees will be
covered by the Public Employees' Medical and Hospital Care Act (PEMHCA) and 1Nill 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 18 .6 of this Article, the minimum amount per month required under Government Code
Section 22892 of the PEMHCA for medica l insurance through the California Public Employees'
Retirement System (Cal PERS). If electing to enroll for medical benefits , the employee must
select one medical pla11 from the variety of medical plans offered .
Effective the first full payroll period after ratification of this MOU, the city shall contribute the
following monthly ammmts (called "Benefits Credits") on behalf of each active employee m1d
eligible dependents toward the payment of 1) medical premiums under the CalPERS Health
Program, 2) contributions in the name of the employee to the City's fle,dble spending account(s),
or 3) city sponsored dental, Yision or Accidental Death & Dismemben11ent (AD&D) premiums .
(a)
(b)
(c)
For employees 'tvith "employee only" coverage, the city shall contribute five hundred
forty seven ($547) dollars per month (decreased from $549 per month) that shall include
the mandatory payments to CalPERS. If the actual total premiums exceed the city's total
contributions, the employee will pay the difference.
For employees with "employee plus one dependent" coverage, the city shall contribute
one thousand e ighty nine dollm·s ($1 ,089) per month (increased from $1 ,048 per month)
that shall include the mandatory payments to CalPERS . If the actual total premiums
exceed the city's total contributions, the employee will pay the difference .
For employees 'tvith "family" coverage, the city shall contribute one thousand four
hundred t\venty eight dollars ($1,428) per month (increased from $1,377 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.
To provide CP1\4A members with the value of this increase in Benefits Credits for the pay periods
that incbde the per iod between January 1, 2016 and ratification of th is Memorandum by the City
Council, the c ity shall, with payroll, during the first full pay period after ratificat ion of this
Memorandum by the City Council, make a one time taxable (non PERSable) cash payment equal
to the increase in benefits credits related to the employee's medical coverage level during the pay
period that the cash payment is dish·ibuted for CPM.A members who are employed by the city in
that pay period . The total cash mnount will depend on the number of payroll periods in 2016 that
occur betv,een January 1, 2016 and ratification of this Memorandum in which Benefits Credits
were increased described above .
Effective the pay periods that include January 1, 2017 and Jamiary 1, 2018 the city monthly
benefit credits associated with each coverage level will be set to dollar amounts that equate to
80 % of the average health (medical, dental m1d vision) premium for Employee, Employee Plus
One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that
will take effect on January l of the respective calendar year.
If the actual total premiums exceed the city's total conu·ibutions, the employee will pay the
difference .
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
14 Nov. 12, 2019 Item #1 Page 96 of 129
18.3
18 .4
18.5
Exhibit 2
purchase city sponsored dental insurance , vision insurance, AD&D insurance or to contribute to a
healthcare or dependent care flmdble spending account (FSA). Remaining e}wess Benefits
Credits will be paid to the employee in cash and reported as taxable income.
Dental insurance, Vision Ins1.1rance and Accidental Death & Dismemberment (AD&D) Insurance
Employees may elect to enrnll in or opt out of the city sponsored dental , vision or AD&D
insurance plans at any coverage level.
Waiver Provision
Employees who do not wish to pa11icipate in the CalPERS Health Program will have the choice
of waiving the city 's medical insurance provided they can shov,' that they are covered under
another group insurance plan.
Effective the first full pay period after ratification of this MOU, employees who elect this
provision 1.vill be given a reduced city contribution amount (Benefits Credits) of two hundred
seventy three dollars and fifty cents ($273 .50) per month (decreased from $298 per month), to be
used toward the purchase of dental insurance, vision insurar .. ce, AD&D insurance eras a
contribution to a flexible spending account. The city contribution amount of two hundred
seventy three dollars and fifty cents ($273 .50) per month will be granted to any employee who
elects to 1.vaive the CalPERS Health Program, regardless of the employee's level of coverage
(employee only, employee plus one dependent, family).
Effective the pay periods that include Janual)' 1, 2017 and Jamtal)' 1, 2018 the benefit credits
associated with waiving medical coverage will be set equal to 50% of the benefit credits
associated 1Nith Employee Only medical coverage level.
Unused Benefits Credits as outlined above \¥ill be paid to the employee in cash and repmied as
taxable income.
Each retired employee who was a member of this bargaining unit is covered by the Public
Employees ' Medical and Hospital Care Act and is eligible to participate in the California Public
Employees' Retirement System (CalPERS) Health Program . Represented employees v.rbo retirn
from the city, either service or disability and receive a retirement allowance from CalPERS, shall
be eligible to continue their enrollment in the Cal PE RS Health Program 1Nhen they retire,
provided that the individual is enrolled or e ligible to enroll in a CalPERS medical plan at the time
of separation from employment m1d 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 t oward the c ost of each retiree 's enrollment in the Cal PERS
Health Program . Direct authorization ma y be established for automatic deduction of payments
for health insurance administered by CalPERS.
Employee s 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 program s 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 . A.n 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
msurance program s .
The city will invoice the retiree for his/h e r monthly premiums for dental and/or vision insurance
and the retiree must keep such payments current to ensure continued coverage.
15 Nov. 12, 2019 Item #1 Page 97 of 129
ARTICLE 19. UNIFORM REIMBURSEMENT
Retroactive to the pay period that include s January I, 2019, Reimbursement reimbursement to represented
employees for the cost of purchasing and maintenance of required uniforms shall be $26 .92 $3 4.62 per
pay period. Under PEPRA, this benefit is not reported to CalPERS as special compensation for new
members).
ARTICLE 20. VEHICLES FOR INVESTIGATIONS
Each represented employee who is working in the assignment of Professional Standards and Services
Division Lieutenant, Investigations Lieutenant, Traffic Lieutenant, and all Police Captains shall be
assigned a designated vehicle and shall be entitled to use the vehicle on each duty shift; provided,
however, such assignment of a designated vehicle is expressly conditioned on the availability of vehicles
and does not extend to any Lieutenant/Captain assigned in addition to the number assigned as of the date
of this Memorandum.
ARTICLE 21. LONG TERM DISABILITY
During the term of this Memorandum, city agrees to continue to provide long term disability insurance.
The insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other
respects, the insurance shall continue unchanged.
ARTICLE 22. LEA VE OF ABSENCE
22.1 Occupational Injuries or Illnesses
22.1.1 A sworn employee who is temporarily unable to work due to an occupational
illness or injury will receive full pay for up to one year as provided in Section
4850 of the Labor Code ("4850 benefits"). The employee may not receive 4850
benefits concurrently with sick leave or any other form of paid time off.
If the employee continues to be unable to work after the employee's 4850
benefits have been exhausted and the employee has not been retired, the
employee will receive workers' compensation temporary disability payments as
provided in the Labor Code. To the extent these benefits are less than the
employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
An employee shall not use accrued sick leave after the city approves the
employee's Industrial Disability Retirement (IDR). The employee who is
approved for an IDR may choose to cash out up to 50% of their sick leave
balance upon separation of employment. The remaining sick leave qalance shall
be converted to CalPERS service credit.
22.2 Non-Occupational Injuries or Illnesses
22.2.1 An employee who is temporarily unable to work due to a non-occupational
illness or injury will receive those disability benefit payments for which the
16 Nov. 12, 2019 Item #1 Page 98 of 129
Exhibit 2
employee is eligible and applies. To the extent that these benefits are less than
the employee's full regular pay, the employee shall supplement them by using
accrued sick leave, vacation, and/or compensatory time. to reach the amount
equal to the employee's full regular pay until the employee's leave balances
reach zero, at which time the employee would commence an unpaid leave of
absence.
22.2.2 Leaves of absence for pregnancy-related disabilities will be handled in the same
manner as leaves of absence for non-occupational illnesses or injuries, subject to
the pregnancy disability provisions of the California Fair Employment and
Housing Act.
22.3 Extended Leave of Absence
Upon completion of either 84 consecutive calendar days (12 weeks) of leave of absence (paid or
unpaid and except when leave is ordered by the city or when an employee is on an active duty
military leave) or completion of a leave of absence related to Section 4850 of the Labor Code,
whichever occurs later, an employee will not be eligible for the benefits listed below:
1. accrual of sick leave and vacation,
2. holiday pay-am!-~
3. cell phone allowance and
;h4 . shift differential
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 will be adjusted for each calendar day the leave of absence lasted beyond either
84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of
the Labor Code, whichever was longer.
During or immediately following a leave of absence , if an employee returns to work for fewer
than 14 calendar days before subsequently going back on a leave of absence (paid or unpaid and
except when leave is ordered by the city or when an employee is on an active duty military
leave), the second leave of absence shall be considered a continuation of the first leave of
absence .
Exception for a Probationary Newly Hired Employee
When a probationary newly hired employee is on a leave of absence (paid or unpaid) that extends
beyond 14 consecutive calendar days the probationary period 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.
22.4 Lyave of Absence Without Pay
A. General Policy
Any employee may be granted a leave of absence without pay pursuant to the
recommendation of the Police Chief and the approval of the City Manager.
An employee shall utilize all his/her vacation, and/or sick leave (if
applicable) prior to taking an authorized leave of absence without pay.
17 Nov. 12, 2019 Item #1 Page 99 of 129
B. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms prescribed by the
City Manager or his/her designee and shall state specifically the reason for the request,
the date when the leave is desired to begin, the probable date of return, and the agreement
to reimburse the city for any benefit premiums paid by the city during the leave of
absence. The request shall normally be initiated by the employee, but may be initiated by
the Police Chief, and, upon written recommendation of the Police Chief that it be granted,
modified or denied, shall be promptly transmitted to the City Manager or his/her
designee. A copy of any approved request for leave of absence without pay shall be
delivered promptly to the Human Resources Director.
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 or his/her designee. 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 the Police Chief at
least fourteen (14) calendar days prior to the day he/she plans to return. The Police Chief
shall promptly notify the City Manager or his/her designee 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
An employee on leave without pay may continue his/her city insurance benefits by
reimbursing the city for the 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.
22.5 To the extent permitted by law, a leave of absence under this article will run concurrently with
any leave of absence an employee is entitled to receive under the California Family Rights Act or
the federal Family and Medical Leave Act.
22.6 Police Captains are exempt from overtime requirements under the Fair Labor Standards Act.
Police Captains are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29
CPR Section 541 .5d, the city can make deductions from salary or leave accounts for partial day
absences for personal reasons or sickness because the city has a policy and practice of requiring
its employees to be accountable to the public that they have earned their salaries. A partial day
absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation
29 CPR Section 541.118 (a)(2) and (a)(3), the city may make salary or leave reductions based
upon full day absences. Partial day or full day absences shall be first charged against the exempt
employee's vacation, sick, or executive leave account. In the event the exempt employee does not
18 Nov. 12, 2019 Item #1 Page 100 of 129
Exhibit 2
have sufficient time in his/her leave account to cover the absence, deductions without pay will be
made on full days only.
22.7 Jury Duty
When called to jury duty, an employee shall be entitled to his/her regular compensation.
Employees released early from jury duty shall report to their supervisor for assignment for th~
duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on
jury duty.
A Department Head may, at his/her sole discretion, contact the court and request an exemption
and/or postponement of jury service on behalf of an employee. 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 23. DISABILITY RETIREMENT
An employee's eligibility for disability retirement will be determined in accordance with the standards
and procedures contained in California Government Code sections 20000 et seq.
ARTICLE 24. VACATION
24.1 For employees active on payroll as of the first day of the pay period following City Counci l
ratification of this MOU, retroactive to January 1, 2019, vacation accrual shall be as follows . AU
members of this bargaining 1mit shall be entitled to accrue vacation on a daily basis according to
th e number of continuous full years of employment based on the following vacation accrual
schedule:
Beginning with the first ( l st) working day through the completion of five ( 5) full calendar
years of continuous service ---l+ H minutes/day
Beginning the sixth ( 6th ) year of continuous employment through the completion of ten ( 10)
full calendar years of continuous service -±-0-2.l_minutes/day
Beginning the eleventh (11 th ) year of continuous employment through the completion of
eleven (l l)fifteen (15) full calendar years of continuous service -2--1-26 minutes/day
Beginning the t>.velfth ( 1211,) year of continuous employment through the completion of
twelve ( 12) full calendar years of continuous service 22 minutes/day
Beginning the thirteenth ( l 3t1') year of continuous employment through the completion of
thirteen (13) full calendar years of contin~1ous service 24 minutes/day
Beginning the fourteenth (14 th ) year of continuous employmentthrough the completion of
fifteen (15) full calendar years of continuous service 25 minutes/day
Beginning the sixteenth (16th ) year of continuous employment, vacation time shall be
accrued, and remain at a rate of 2-6-3 3 minutes/ day for every full calendar year of
continuous employment thereafter.
19 Nov. 12, 2019 Item #1 Page 101 of 129
CPMA-represented employees with comparable service in local government agencies may
be granted credit for such service for the purpose of computing vacation at the discretion of
the City Manager.
24 .2 Vacation Accrual Maximum
No employee will be allowed to accrue vacation hours in excess of the four h u ndred eighty ( 480)
three hundred and twenty (320) hour maximum.
The Police Chief will encourage the taking of accrued vacation leave. Although employees are
responsible for actively managing their leave balances, the Police Chief will not unreasonably
deny requests for vacation time off. If there are unusual circumstances that would require an
employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the
Police Chief and the City Manager or his/her designee . The Police Chief and the City Manager or
his/her designee may grant such a request if it is in the best interest of the city. Requests will be
handled on a case-by-case basis and will be considered only in extreme circumstances .
24.3 Vacation Conversion
Once each January, employees will be allowed to voluntarily convert up to eighty (80)one
hundred sixty ( 160) hours of accrued vacation to cash, provided they have used at least eighty
(80) hours of vacation, executive time or floating holidays during the pay periods that fall within
the prior calendar year.
24.4 Compensation for City Work During Vacation
Occasionally employees on vacation leave are needed for work assignments. Employees
returning to work during vacation leave will be compensated as follows:
(a) Court --For Lieutenants only, mandated court appearances during the time of an
employee's paid vacation leave from city service will be compensated at time and one half
the employee's regular rate of pay, with a minirnum of four (4) hours.
(b) Duty Time -Employees returning to their regularly scheduled work time while on vacation
leave shall be paid their applicable regular rate of pay and not be charged the corresponding
vacation tirne .
(c) Non-Duty Time-Lieutenants returning to work at a tirne other than their regularly
scheduled work tim:e while on vacation leave shall be paid at tirne and one half the
employee's regular rate of pay .
(d) Recall -Thisdause shall not limit the city's right to recall an employee from vacation in ·
the event of an emergency.
24 .5 Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon
determination by the Police Chief that such absence will not materially affect the department.
Each employee must consider the needs of the service when requesting annual vacation leave.
An employee shall normally provide forty -eight ( 48) hour notice in advance of the day( s) he/she
is requesting vacation time off. When a family emergency arises which necessitates the use of
20 Nov. 12, 2019 Item #1 Page 102 of 129
Exhibit 2
vacation time, an employee shall provide as much advance notice as possible considering the
particular circumstances.
24.6 Terminal Vacation Pay
The dollar value of an employee's accrued vacation balance as of the employee's last day on
payroll shall be paid to the employee upon separation of employment at the employee's base rate
of pay at separation.
ARTICLE 25. HOLIDAYS
25 .1 The city agrees to observe eleven (11) scheduled paid holidays per year. The holiday schedule
shall not interfere with, influence, or otherwise change the scheduling of shift employees by the
department.
Effective the first day of the first full pay period after ratificatiori of this MOU employees will
accrue 2 floating holidavs. Subsequently, employees will accrue 2 floating holidays each year on
July 1st. The floating holiday must be used in full day increments. There is no partial day use of
a floating holiday. The floating holiday will be treated in the same manner as the other 11
holidays except that unused floating holidays will not ca1Ty over to the next fiscal year and will
not be paid out upon separation of employment.
25.2 The holiday schedule for the term of this agreement is as follows:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran-'-s Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
25.3 Lieutenants CPMA-represented employees who work a 5/8 schedule will be paid eight (8) hours
of straight time for each holiday. CPMA-represented employees Lieutenants who work a 9/80
schedule will be paid nine (9) hours of straight time for each holiday. CPMA-represented
employees Lieutenants who work a 4/10 schedule will be paid ten (10) hours of straight time for
each holiday. CPMA-represented employees Lieutenants who work a 3/12 schedule will be paid
twelve (12) hours of straight time for each holiday.
25 .4 Lieutenants will be compensated in cash or compensatory time off (CTO) for holidays in the pay
period in which they occur. Lieutenants scheduled to work on a holiday who desire the day off
will utilize vacation or CTO.
Effective upon ratification of this MOU , Captains will be compensated in cash for holidays in the
pay period in which they occur. Captains scheduled to work on a holiday who desire the day off
will utilize vacation or executive time.
21
I
Nov. 12, 2019 Item #1 Page 103 of 129
For purposes of this section, a shift trade will be considered part of an employee's regularly
scheduled work shift.
ARTICLE 26 . ALCOHOL AND DRUG POLICY
I. POLICY
It is the policy of the City of Carlsbad to provide, for its employees, a work environment free
from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace
Act. The City of Carlsbad agrees to use a clinical laboratory which is certified by the National
Institute on Drug Abuse (NIDA), now known as the Substance Abuse & Mental Health Services
Administration (SAMHSA). All procedures and protocols for collection, chain of custody and
testing will be conducted consistent with standards required under SAMHSA certification . This
policy will be interpreted consistent with the provisions of the Public Safety Officers Procedural
Bill of Rights (Government Code Section 3300 et seq .). This policy is intended to accomplish
that objective.
A. Definitions -As Used in This Po licy:
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, mar ijuana, and other cannabinoids.
2. "Workplace" means any site where city-assigned work is performed, including city
premises, city vehicles or other premises or vehicles , while city-assigned work is
being conducted, or within a reasonable time thereafter.
3. "Reasonable suspicion" means a standard for evidence or other indication of
impairment of normal physical or mental skills by alcohol or drugs where such
impairment could negatively affect work performance or could pose a threat to
public or employee safety.
B. Employee Responsibilities
1. As a condition of employment, employees shall:
a . not engage in the unlawful manufacture, distribution, dispensation,
possession or use of alcohol or drugs nor be under the influence of
alcohol or drugs in the workplace or while on-call;
b . submit to an alcohol and drug analysis and remain on the premises
when requested to do so by city management, acting pursuant to this
policy, or by law enforcement personnel;
c. · notify the city of any conviction under a criminal drug statute
(including any pleas of nolo contendere ), if such conviction was based
on a violation which occurred in the workplace, no later than five days
after such conviction;
(notification under this subsection does not relieve an employee
22 Nov. 12, 2019 Item #1 Page 104 of 129
C.
Exhibit 2
from the disciplinary consequences of the conduct upon which a
criminal conviction is based); and
d. abide by all terms of this policy.
2. Employees are required to notify their supervisors when taking any medication or
drugs , prescription or non-prescription ( over-the-counter medications), which
interfere with safe or effective performance of their duties or operation of city
equipment.
3. Off-duty involvement with any controlled substance including, but not limited to
m anufacture, distribution, dispensing, possession, use or any conviction under a
cr iminal 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 .
Consequences of Violation of Policy
1. Failure to abide by the terms of this policy shall be grounds for disciplinary
action, up to and including termination.
2. In addition to any disciplinary action, an employee who fails to abide by this
policy may also be directed or allowed to satisfactorily participate in an approved
alcohol or substance abuse assistance or rehabilitation program.
II. DRUG AND ALCOHOL ANALYSIS
A. Pre-employment Drug and A lcohol Analysis
1. Upon receiving a conditional offer of employment, an otherwise successful
candidate must submit to a drug and alcohol analysis . At the city's
discretion, this analysis m ay be in the form of "breathalizer," urine, or blood
analysis .
2. Persons whose results are positive for either drugs or alcohol will be rejected
for city employment.
B. Employee Drug and Alcohol Analysis
1. If a manager or supervisor of the city has reasonable suspicion that an
employee is under the influence of drugs or alcohol while in the workplace or
subject to duty, the employee shall be:
a . Prevented from engaging in other work; and
b . Required to submit to a drug and alcohol ana lysis . At the city's
· discretion, this analysis may be in the form o f "breathalizer," urine, or
blood analysis.
23 Nov. 12, 2019 Item #1 Page 105 of 129
c. An employee may also be required to remain on the premises for a
reasonable time until arrangements can be made to transport the
employee to his or her home.
2. Some examples of "reasonable suspicion" as defined in Section 1.A.3 .
include, but are not limited to, the following, when confirmed by more than
one person having supervisory authority:
a. slurred speech.
b . alcohol odor on breath;
c . unsteady walking or movement not related to prior injury or disability;
d . an accident involving city property having no obvious causal
explanation other than possible employee responsibility;
e. physical or verbal behaviors that are disruptive, non-responsive,
unusual for that employee or otherwise inappropriate to the workplace
situation;
f. attributable possession of alcohol or drugs;
g. information obtained from a reliable person with personal knowledge
that would lead a reasonably prudent supervisor to believe that an
employee is under the influence of alcohol or drugs.
3. Refusal to remain on the premises or to submit to a drug and alcohol analysis
when requested to do so by city management or by law enforcement officers
shall constitute insubordination and shall be grounds for discipline, up to and
including termination.
4. A drug and alcohol analysis may test for the presence of any drug which
could impair an employee's ability to effectively and safely perform the
functions of his or her job .
5 . A positive result from a drug and alcohol analysis may result in disciplinary
action, up to and including termination.
6 . City agrees to take steps to protect the chain of custody of any drug test
sample.
7 . E mployee will be placed on paid administrative leave pending the
completion of any testing process and any investigation deemed necessary by
the city.
C. Random Selection Testing
Any CPMA-represented employee who operates a commercial vehicle (e.g ., the Public
Safety Command Post vehicle) during the course of employment shall be subject to random
24 Nov. 12, 2019 Item #1 Page 106 of 129
III.
Exhibit 2
substance abuse tests. Refer to Administrative Order No. 64 for more information re: the
drug and alcohol testing policy for employees in safety sensitive positions.
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 E AP. 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 27. EMPLOYER SEARCHES
For the purpose of enforcing city or department policies, directives, and work rules, the city reserves the
right to search, with or without prior notice to the employee, all work areas and property in which the city
maintains full or joint control with the employee, including, without limitation, city vehicles, desks,
lockers, file cabinets, and bookshelves. These areas and property remain part of the workplace context
even if the employee has placed personal items in them. Employees are cautioned against storing
personal belongings in work areas and property under full or joint city control since such work areas may
be subject to investigation or search under this article .
Employer searches may occur when there is a reasonable suspicion that the employee has violated a city
or department policy, directive, or work rule and that the area or property to be searched may contain
evidence of that violation . Searches will be conducted by persons having supervisory and/or other legal
authority to conduct them . Searches will not normally occur without the concurrence of more than one
supervisor.
If the Public Safety Officers Procedural Bill of Rights Act (Government Code sections 3300 et seq.) is
applicable to a particular search, then the city will comply with the Act notwithstanding anything to the
contrary in this article .
Nothing in this article will prevent the city from taking appropriate action if there is inadvertent discovery
of evidence of a policy, directive, or work rule violation .
ARTICLE 28. PERFOR1\1A1'l'.CE MANAGEMENT AND COMPENSATION SYSTEM
All CPMA-represented employees active on payroll upon ratification of this MOU shall receive
a base salary increase depending on their job classification as shown below retroactive to January
L 2019.
25 Nov. 12, 2019 Item #1 Page 107 of 129
Increase Base Pay
Po lice Ca2tain 3 .75% $17 4,330 .30 /yr --
Po lice Lie utenant 5.25% $70 .5 6/h our
Effective January 1, 2020, all CPMA-re2resented em2loyees active on 2ayroll shall receive a
base salary increase de2ending on their job classification as shown below .
Increase Base Pay
Police Cagtain 3 .75% $180,86 7.68 /yr --
Pol ice Lieutenant 5.25% $74.26/hour
Effective January 1, 2021, all CPMA-repre sented em2loyees active on gayroll shall receive a
base salary increase degending on their job classification a s shown below.
Increase Base Pay
Police Ca2tain 3 .75% $18 7 ,6 50 .2 2 /yr
Police Lieutenant 5.25% $7 8.16/hour
This mticle replaces Administrative Order No . 66 in its entirety .
Appendix A depicts the salary ranges for CP1'.4A classifications . Effective December 1, 2017, the salary
ranges for CPMA classifications will be increased by three and a half percent (3 .5%), rounded to the
nearest one hundred dollars .
The city will apply a one percent ( 1 %) base pay matrix to be used to determine base pay increases for
eligible CP1'.4A members effective December 31 , 2016.
The city will apply a one and a half percent (1 .5%) base pay matrix to be used to detennine base pay
increases for eligible CPMA members effective December 31 , 2017.
The city will apply a tv,o percent (2%) base pay matrix to be used to detennine base pay increases for
eligible CPM.A members effective December 31 , 2018 .
Upon initial entry into a CPMA classification, an emp loyee 's base salary shall be set eq'..ial to the base
salary of the lowest pa.id employee in that same classification.
I . PURPOSE
Pay for Performance at the City of Cm·lsbad is based on the concept of a supervisor providing regular
coaching/feedback to the employee . T he purpose is to:
26 Nov. 12, 2019 Item #1 Page 108 of 129
► -~c~r~eatru~eeiaHn~enl¼''IA'icF<reniffieH-t-tflflt-f:ev.<aBas---h½~~"ffi== r onment that rewards I . o-) ► rllo 1 performers·
mk financial rewards t . ' o accomphshing city busi ► create a c · . ness objectives·
ons,stent Cit)' n •ide ' ➔ . " approael, fer "'""agers to lie .
cieate a meanino-fu!ifr .. le performance and re'" d o , au .. ward system. "ar s; afld
II. BACKGROUND
Exhibit 2
Consistent with ti d . . establ' h 10 trection of the City c . is es competitive pay . The coounc1l, city staff has de"el d mponents oftl ' ope a com · ➔ a p-rm ~ "' eompensatioA plan inelude:penseltott program that
ance mm1ao-ement coaching/feedback; o program based on the concepts of ·f; pe17'lrmance planning and regular
► 1 a mar1rnt based I ary structure; and
" 7'lr employees "4lO ment mcreases* (b .
demoestratioA of eoR1p t ." are at tho "'""imum of thei . I ase pay meroasos and/or e enctes and achie•rement i sa aJ)' range) based on tl
' Eligibility fur • 1Berit . ' s . "
► a Pay :f; p .:: orer10nnance re'"ard
h
ff -s"ste th · cas rewards ::t; Y mat mcludes · .
salary is relative to the!~~, m_crease is determined by an I · · 1 pomt f h' 11 emp oye ' "''""mum reoeive a oash reward ~,: ;;:,:,-:i; :~:ry raage. Eligibi:::.a::i:~~=~•
0
anS whea, his,1,er III GLllD . se pay emease " ,o are el the salrn)' ran
· ~=ANCE: · ge
A A i ,. nnnual R e"ie,., C I ~ ~ n ye e
The Performance M . anageme t C
annual cycle .nycle is
aligned with ti 1 ca endar year. Below is a summary of the
27 Nov. 12, 2019 Item #1 Page 109 of 129
Council dete r m i nes
f u nd i ng for m er it
/ pool ~
'i Supervisors select
1 ' Merit i ncreases j delivered competencies and
define priorities
_,I
I \
\ Supervisors conduct mid-year HR determines base pay I
matrix that complies with reviews (after Police Ch ief
approved merit pool fund i ng ) approves mid-year rat i ngs) ,
---•••r• •--· ·-
\ I
\
Supervisors conduct [ Supervisors submit proposed year !
yea r end reviews end perfo r mance ratings to ! !
Police Ch i ef ,i
' Pol ice Ch i ef cal i brates : ✓
and finalizes
perfor mance rat i ngs i
B . Performance Management
The performance management process consists of four important, interrelated steps.
Step 1 Performance Plantting
Supervisors and employees 1Nill have an initial discussion to detennine 1,vhich functional competencies
1Nill be used to eya)uate the employee in the upcoming year. The supervisor exp lains and sets
performance level expectations . The supervisor and employee will also establish specific priorities,
contributions or development plans that are aligned with the departmental and organizational strategic
direction .
Step 2 Performance Coaching and Feedback
Throughout the year, at least on a quarterly basis, the supervisor and employee reviev,r and discuss the
employee 's 1tvorlc performance, jncluding significant accomplishments and/or shmtfalls. Generally, these
coaching and feedback session s will be informal and may be initiated by either the supervisor or
employee . It 1,vill be the supervisor 's responsibility to ensure these discussions take place and are
appropriately documented .
Step 3 Mid Year Performance Review
Prior to the mid year revi ew meeting with th e empl oy ee , the supervisor proposes mid year ratings for the
employee based on the employee's demonstrated competencies and accomplishments related to priorities .
28 Nov. 12, 2019 Item #1 Page 110 of 129
Exhibit 2
The Po lice Chief reviews all proposed mid year ratings in his/her department and validates that Pay for
Performance (P4P) guide lines are follov,red consistently within his /her depm1ment.
The goal of the mid year performance review is to encourage open communication beti.veen supervisors
and employees and ensure that there are "no surprises " during the annual performance evaluation session
at the end of the year. The supervisor and employee wil l assess and discuss the employee's progress and
the status of specific priorities . As organizational and department directions and priorities shift
throughout the year, this session also provides the oppo11unity to re evaluate and , if necessal)', revise
employee 's priorities, achievement expectations or development plans. The performance evaluation
form , inc luding mid year performance ratings, 1Nill be submitted to H u man Resources and included in the
employee 's personnel file . The emp loyee will be entitled to provide a written rebuttal to any rat ing and
comments . However, only the final year end performance ratings will be used to determine eligibility for
merit pay increases. The fina l year end performance ratings may differ from mid year perfonnance
ratings .
Step 4 Year End Performance Reviev,,
Prior to the year end review meeting with the employee, the supervisor proposes ratings for the employee
based on the emp loyee 's demonstrated competencies and accomplishments related to prior ities . The
Police Chief reviews all proposed ratings in his/her depa11ment and works with Haman Resources staff to
validate that Pay for Performance (P4P) guideline s are follmved consistently within and across City
departments .
Next, the superv isor meets with the employee . The employee viii! come to the year end review meeting
with h is/her own thoughts and notes as to hov, ·.ve il he/she performed during the evaluation period. The
two 1,vay discussion focuses on accompli shments, areas for grov,rth and improvement, job accountabilities
and defined competencies . This meeting will al s o include the performance planning for the upcoming
year as outlined in Step 1 above .
C . Governance of the Plan
Human Resources will be resp ons ible for the administration and maintenance of the performance
management system , including forms , guidelines and related policies s ubject to City Council approval .
Human Resources ·.viii periodically rev iew the effectiveness of the performance management system.
D . Major Roles and Res ponsibilities
City Council The City Council is initially responsible for approving the pay for performance
management system and for annually approving the merit pool/funding amount in order to tie re'>vards to
performance .
Human Resources The role of Human Resources 'Nill be t o monitor the activities of the process , ensure
comp liance with City processes and procedures, and ensure that the employee receives a fair , a cc urate ,
and timely evaluation . This 1Ni ll be done by ensuring that appropriate results oriented goals and measure s
are established for the upcoming calendar year and by reviewing proposed performance and development
plans and evaluation fonns for accuracy and completeness .
Human Res ources will track performance ratings over time to encourage accountability and ensure that
there is consisteRcy among the distribution of perfonnance ratings across depa11ments .
Human Resources will provide on going guidance and training to supervi s ors regarding conducting
performance reviews and understanding the purpose and design of the pay for performance system .
29 Nov. 12, 2019 Item #1 Page 111 of 129
Humm'l Resources uses data from all employee perfonnance ratings and Council's authorized funding
amount to deteimine the percentages in the base pay matrix. Human Resources •,viii process merit
increases for eligible employees .
Police Chief The Police Chiefv,rill be responsible for reviewing perfonnance ratings within his/her
department to ensure that accurate evaluation ratings are given and that supervisors are held responsible
for effectively rating their staff. In the event of turnover of an employee 's supervisor, the Police Chief
\Nill be responsible for ensuring that an employee is equitably and adequately reviewed and rated.
Supervis or The supervisor will can·y out the ste ps in the perfo1mance management process in a faiT ,
accurate , consistent, and timely manner. This includes guiding the development of performance plans ,
monitoring and recording employee accomplishments, providing timely coaching and feedback ,
conducting accurate perfo1111ance evaluations, and ensuring the employee has the opportunity to
pmticipate in the pro ce ss .
In the event that an employee has more than one supervisor during a rating period, each supervisor will
submit an asse ssment and the supervisors ,.,,rill mutually agree on a rating for the review period. A newl y
assigned supervisor will not be responsible for revie,ving a rating period of less than three months .
Employee The employee will actively contribute in the process of defining priorities and performance
measure s, initiating coaching and feedback sessions as needed . Requests for feedback by the employee
shall be responded to within 14 calendar days of the request, a lthough actual feedback can be written or
oral and can be provided more than 14 calendar days after the request. Employees \Vill complete a se lf
assessment prior to the year end performance evaluation , and will be prepared to contri bute in the mid
year and end of year performance evaluations .
E . Performance Management Components
Essential Functions
Essential functions are the job duties /tasks that an employee was hired to perform . These functions are
the permanent features of the employee 's job. The essential functions are outlined in the emp loyee 's job
description. Essential function s are job based rather than employee based .
At the beginning of the performance year, the employee 's job description will be reviewed by the
supervisor and employee . 1\ny significant changes in the qualifications or job tasks ,viii be noted and
submitted to Human Resources . Essential functions will determine v,rhich functional competencies may
be appropriate for a specific position . At the end of the plan year, the employee 'Nill be rated on their
performance related to the essential functions ofthejob as described inthejob description .
Employees serving in out of class as signments \vill be reviewed in accordance with their regular position
unle ss the employee served out of class for more than one half of the review period . In that case, the
employee 1,vill be reviewed based on their out of class assignment. If, at the outset of the out of class
a ss ignment, it is anticipated that the employee will spend more than one half of the reviev,' period in that
out of clas s a ssignment, the employee and supervisor shall have a Performance Planning Meeting as
described in Step 1 above .
Core and Functional Competencies
30 Nov. 12, 2019 Item #1 Page 112 of 129
Rating Process and Criteria
The supervisor is responsible for rating the employee on all five core competencies, the hvo selected
functiona l competencies and the priorities, and for providing 1.vritten narrative to e),plain these ratings .
The rating system shov✓n below will be used in evaluating employee performance.
2. Imprevemeut 1. Unsatisfaetery 3. CempeteBt 4. Cemmendable 5. Exemplary Needed
Performance does Perfe1=mance does Perfermaace Perfem1anee ex:eeeds Performance
aotmeet Hot consisteHtly eoBsistently meets reqHiremeHts aHd signifieatttly ex:eeeds
requiremeHts. meet reqHirements . all requiren1ents . demoHstrates the requifements .
Performance is Performaace employee is fully ability to handle Bmployee has 1Bade
consistently and deficiencies are sHeh profieieHt and assignments of contribHtions aHd
serioHs ly that impro>,•ement is aaeq1:1ately greater e~mple)1city achievemeHts well
inaaeqt1ate . This needed fer the demoflstrates the ana respoHsibility. beyoHd those req1:1i:red
employee mt1st employee to desired eompete1rny This employee shows by their assigned
make immediate satisfacto rily meet beha,,•iors for the iflitiati•,•e and seel~s respoflsibilities. In
and s1:1staiHed reqHiremems . level ofthejob. opportHnities to maHy eases,
improvements. enhaHee their job perfermaHee
related sl~ills a1-1d demonstrates He'N
competencies . areas of productivity
and ifl:flo>,•atioB: far
be:,•ond positioa
requiremeHts .
Employee Comments
Employees shall be advisee that they are encouraged but not reqHired to provide eommeHts that they
\VOHld like documented fer the evalHation perioa . Employee comments will be part of the performance
evaluatiofl doeumentatioH .
Si gnatl:lres
The employee's signature aelu1o•Nledges that the perfenBanee evaluation has been reviewed and
disrnssea with them . This does not mean the employee agrees, or disagrees, with statemeHts made or
contained therein. When the evaluatioH session is completed , the employee and supervisor sign the ferm
and appropriate levels of signatures are obtained:
• Immediate Supervisor
• Mid level Manager (if applicable)
• Police Chief
• Human ResoHrces
Bmployee Outlets
32 Nov. 12, 2019 Item #1 Page 114 of 129
Exhibit 2
Employees 1Nho disagree with their rating may request a meeting with the Police Chief. If, after this
meeting, this matter is not resolved, the employee may then request a meeting with the City Manager or
his/her designee and this meeting shall occur within 30 days at the employee 's request. If the employee 's
performance rating is changed as a result of this process , any resulting merit pay adjustment shall be paid
retroactively.
F. Linking Pay and Performance
Eligibility for a merit increase is detennined by an employee 's overall performance rating and where
hi s/her cun-ent salai)' is relative to the midpoint of their salary range .
Eligibility
Employees must receive an overall rating of "Competent" or better to be eligible for performance based
merit increases. Those employees receiving an overall "Improvement Needed" or an "Unsatisfactory"
performance rating are not eligible for performance based merit increases.
An employee whose salaJ)' is at their salary range maximum is not eligible for a base pay increase . In
I ieu of a base pay increase ,. eligible employees will receive a cash reward that is paid out in a lump sum
equivalent to the amount of the base pay increase that they 1,vould have received if they were not at the
salary range maximum . An eligible employee 1tYhose salary is close to their salary range maximum (such
that the designated pay increase would cause their salary to exceed the salary range maximum) will
receive a base pay increase up to the sala.iy range maximum and vAll receive the remaining portion of the
designated pay increase as a lump sum cash rev,ard as described above .
Base Pay Matrix
A base pay matrix will be used to reward performance . The City Council and CPl\4A negotiate a contract,
which determines the merit pool or budget for the annual CPMA pay increase . After all of the
perfonnance reviev,'s have been completed, merit increase percentages will be determined by Human
Resources based on the size of the Council approved base pay matrix funding , distribution of all
employees ' perfonnance ratings and distribution of employees in their salary range (i .e., above or below
the salary range midpoint). The goal is to assign merit increase percentages that will use substantially all
of the funding approved by the City Council for merit increases for that performance cycle. An
employee's overall peiformance rating (sum of individual competency ratings) and position in the range
put them in one of the cells "A ," "B ," "C ," "D ," "E ," or "F " as shown in the sample Base Pay l\4atrix
below . Each employee 's merit i11crease is determined using the base pay matrix.
SAMPLE BASE PA,Y 1\UTRIX
'"'-· ·-" n p ·----n -"-! ---· ------................
+-1-0 lt-1-+ !8-M 25--31 ~
SalaFy Range lmpFB'<'ement
Plaeement T T---•! ,, L Needed r, L C0mmendable V --•-~ . -.. ..
At or abe','e
salal)' range Ml¼ {M)% A% G% E%
__ •. 1
........ _......, ......... , ...
~ .1 , --1---Ml¼ (hO% B% 0% F% .J
33 Nov. 12, 2019 Item #1 Page 115 of 129
4.
34 Nov. 12, 2019 Item #1 Page 116 of 129
Each City of Carlsbad job classification is assigned to a specific salary range . The non benchmark
positions are assigned to the salary structure based on internal relationships, responsibility and/or
knowledge, skills and abilities ofjobs . The benchmark salary data 1,vill be surveyed regularly and the
benchmark comparisons 'Nill be modified when the classifications change within the organization.
VI. TRA.INING
An extensive training program will be designed to enhance the evaluation and feedback skills of
supervisors. Skills training '.vill include:
• Performance Planning Competencies
• Conducting Performance Evaluations
• Coaching, Counseling and Feedback
• Compensation Administration
• Perfonnance Planning Goal Setting
The Human Resources Department will offer periodic review sessions to reinforce managerial and
supervisory skills and to train employees .
VII. GLOSS,i\_."Q~Y
1. Base Pay increase A prospective pay increase to an employee 's base salary, as calculated to exclude
any additional pays .
2. Base pay matrix Matrix that detennines the base pay increases and cash re,vards to be given to
eligible employees.
3. Cash rewm·d A one time "lump sum " payment equivalent to the amount of the base pay increase that
an employee would have received if he/she were not at the salary range maximum .
4. Merit increase Either a base pay increase or cash reward as determined by the base pay matrix .
5 . Survey market List of Council approved agencies to be used when revie1v,ring market
competitiveness .
ARTICLE 29. EXECUTIVE LEAVE
Police Captains shall receive fifty six (56)sixty-four (64) hours per fiscal year for executive leave . The
sixty-four (64) fifty six (56) hours will be credited at the beginning of each fiscal year to individual leave
balances. This leave must be used within the same fiscal year. Up on the first day of the first full pay
period following ratification of this MOU , Police Captains will receive eight (8) additional hours of
executive leave to reflect the increase from fifty-six hours to sixty-four hours that occurred in Fiscal Year
2019-20 .
The City Manager is authorized to provide ten ( 10) additional hours of executive leave per year to any
CPMA-represented employee who is required to work extended hours due to einergencies such as fires,
storms, floods, or other emergencies.
ARTICLE 30. LIFE INSURANCE AND VOLUNTARY BENEFITS
All unit members shall receive City paid life insurance in an amount equal to two times the basic yearly
earnings. To determine benefits, the amount of insurance is rounded to the next higher $1 ,000 multiple,
unless the amount equals a $1 ,000 multiple.
36 Nov. 12, 2019 Item #1 Page 118 of 129
Exhibit 2
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 31. SEPARATION COMPENSATION
All employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting
out of service or for other reasons not due to misconduct which would justify involuntary separation shall
receive one month's salary computed at the employee's actual salary at the time of separation.
ARTICLE 32. ANNUAL PHYSICAL £XAl\1INATION AND/OR PHYSICAL FITNESS
TESTINGREIMBURSEMENT
All employees shall be eligible for reimbursement of up to the amount of four hundred fifty dollars ($450)
during each fiscal year for the costs associated with phvsical fitnessto pay the cost of an employee's
annual physical examination and/or physical fitness testing.
The annual physical examination may be completed by a physician of the employee's choice. Each
employee claiming reimbursement shall be required to submit original receiptsproof of payment to the
Human Resources Department for approval and reimbursementin lieu of submitting them to the insurance
company for payment.
The annual physical examination offered to unit members provides physical fitness testing and
infonnation regarding lifestyle changes that promote optimum health. Program components include, but
m·e not limited to: Computerized Heart Risk Profile, Complete Blood Profile, Nutritional Assessment,
Diet Program, Body Measurements, Lung Assessment, Consultations, etc.
The physical fitness reimbursement is offered to employees to promote optimum health. Services
include, but are not limited to: health assessment testing and examinations, computerized heart risk
profile, complete blood profile, fees paid to physical fitness providers (effective January 1, 2019),
nutritional assessment and diet program.
ARTICLE 33. DEFERRED COMPENSATION
The City shall provide deferred compensation plan(s) which may be utilized by any employee. The C ity
reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of
any plan.
The City and the CPMA agree to work with the City's deferred compensation provider (currently ICMA
Retirement Corporation) to implement a personal loan provision for represented employees as soon as
administratively possible, It is acknowledged that the City will assist in the administrative set-up of this
benefit but that the City has no liability if an employee should default on the repayment of such a loan.
ARTICLE 34. EDUCATIONAL INCENTNE
Level I
Applicable to all employees in CPMA as of the pay period to include January 1, ~2019.
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of an Advanced certificate
37 Nov. 12, 2019 Item #1 Page 119 of 129
Level II
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of one hundred fifty six dollars ($156)two hundred fifty -
eight ($258) biweekly. Eligibility for receiving the compensation will be based upon
the date the employee provides evidence of eligibility to the Professional Standards
Division Sergeant. It is the sole responsibility of the employee to make notification
of eligibility for the education incentive pay. Exception: Those employees 'Nho
present proof of eligibility within two pay periods after ratification of this MOU will
receive the education incentive pay retroactive to the pay period that included
January 1, 2016 .
Applicable to all employees in CPMA as of the pay period to include January 1, ~2019 .
(a) Requirement: Present proof to the Professional Standards Division Sergeant,
Carlsbad Police Department, of evidence of the award of a Management certificate
issued by the State of California Commission on Peace Officer Standards and
Training.
(b) Compensation: Satisfactory fulfillment of the above requirement shall be
compensated at the rate of th:-ee hundred seventeen dollars ($3 l 7)four hun dred fifty -
two ($452) biweekly. Eligibility for receiving the compensation will be based upon
the date the employee provides evidence of eligibility to the Professional Standards
Division Sergeant. It is the sole responsibility of the employee to make notification
of eligibility for the education incentive pay.
An employee who meets the criteria for compensation under more than one level, above, shall receive
compensation for only the highest such level for which he or she qualifies.
ARTICLE 35. RE-OPENER
35.l Technology
At any time during the term of this Memorandum, the city may reopen negotiations on the
implementation of technological changes affecting the Police Department. CPMA acknowledges
that the city has the management right to decide to change the technology used in the Police
Department and that any negotiations shall be regarding the effects of the city 's decision on
CPMA members .
At any time during the term of this Memorandum, the city may reopen negotiations on the issue
of health insurance benefits in order to reduce or eliminate penalties under the ACA.
35 .2 CalPERS Rate
At any time during the term of the MOU , after CalPERS announces its actual rate ofretum for
the prior fiscal year, if the CalPERS actual rate of return is less than Cal PERS ' expected rate of
return (the expected rate of return or "di scount rate " in effect during that same prior fiscal year),
the City may reopen negotiations on the is sue of employee cost sharing toward the C ity's
required contribution to CalPERS for CPMA members . Any changes shall be by mutual
agreement only .
38 Nov. 12, 2019 Item #1 Page 120 of 129
35.3 Disability In s urance
At any time during the term of the MOU, the City may reopen negotiations to discus s the
disability insurance benefits for CPMA members .
ARTICLE36. TEMPORARYUPGRADEPAY
Exhibit 2
Whenever the perceived needs of the City require an employee to temporarily perform all of the duties of
a job classification that has a higher pay range than the pay range associated with their current job
classification for a period of more than twenty-one (21) consecutive calendar days, the employee shall be
designated as being in an acting assignment and shall receive additional temporary upgrade pay while in
the acting 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 % ) and not more than fifteen percent ( 15 % ) greater than his/her
current base salary. Subsequent to designation in an acting assignment, in the event that the City does not
need the employee to serve in an acting assignment for at least twenty-one (21) consecutive calendar
days, the employee shall receive the temporary upgrade pay for that period of time the acting assignment
lasts. In the event that at the beginning of an acting assignment, it is not perceived that the acting
assignment will last at least twenty-one (21) consecutive calendar days, and the acting assignment
nonetheless extends beyond twenty-one (21) consecutive calendar days , the employee in the acting
assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment.
Temporary upgrade pay is reported to CalPERS except for those employees who are "New Members" as
defined by the California Public Employees' Pension Reform Act of 2013 (PEPRA).
The additional pay shall commence on the first (1st) calendar day of the temporary reassignment of the
performance of duties of the higher classification. The recommendation that an employee be required to
perform duties of the higher classification shall be placed in writing by the Police Chief and submitted to
the Human Resources Director for approval. ·
An employee may not serve in an acting capacity for more than six (6) months without prior approval
from the Police Chief.
A person appointed to an acting assignment shall be eligible to receive merit increases in his/her regular
position during the acting assignment. The Human Resources Director shall obtain the employee's
acknowledgement of the temporary performance of all of the duties of the higher classification prior to
the employee's assuming or continuing the duties and additional compensation. The acknowledgement
form shall clearly state that it is understood that a reduction in salary shall be effected to his/her original
salary rate upon the expiration of the need for the performance of the duties of the higher classification.
ARTICLE 37. POLICE CAPTAIN AND CITY OF CARLSBAD PERSONNEL RULES AND
REGULATIONS
Article 6 (Examinations), Article 7 (Employment Lists) and Article 8 (Method of Filling Vacancies) of
the City of Carlsbad Personnel Rules and Regulations do not apply to the Police Captain job
classification.
ARTICLE 38 . SHIFT DIFFERENTIAL
Effecti v e upon the first day of the first full pay period following ratification of the MOU, all
Police Lieutenants who work or who take paid leave for a night shift (i .e ., a shift in which five or
more hours of their shift are after 1700 hours and before 0600 hours) shall be eligible for Shift
Differential Pay . Shift Differential Pay shall be equal to three percent (3%) of the base pay rate
39 Nov. 12, 2019 Item #1 Page 121 of 129
and will be paid for the night shift (all hours worked), inclusive of all paid leave or paid time
during a leave of absence. except 1) when the employee is on an extended leave of absence as
defined in A1iicle 22 .3 or 2) time off due to a shift trade. Shift Differential Pay shall be included
in the regular rate of pay in conformance with the FLSA as it relates to calculating overtime pay.
Shift Differential Pay shall not be included in the definition of "straight time" for purposes of
calculating holiday pay as defined in Aliicle 25.
A person regularly scheduled on a shift that meets the requirements defined in this section who
temporarily works on another shift that does not meet the requirements defined in this section
will not receive the Shift Differential Pay . This is not a vested ri ght and is not grievable.
j
40 Nov. 12, 2019 Item #1 Page 122 of 129
Exhibit 2
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute
this Memorandum to be effective as stated herein.
CITY OF CARLSBAD
KEVIN CRA'.VFORDSCOTT CHADWICK, City Manager Date
APPROVED AS TO FORM:
CELIA BREWER, City Attorney Date
CARLSBAD POLICE MANAGEMENT ASSOCIATION
Mf~C RENOGREGORY KORAN , President Date
41 Nov. 12, 2019 Item #1 Page 123 of 129
JOB TITLE
I P olice Captain
p olice Lieutenant
JOB TITLE
1 · Police Captain
p olice Lieutenant
CPMA Salary Schedule
Effective 1/1/2016
MINll\4UM MIDPOINT
$113,500
.$92,900
$137,900
$113,800
CPMA Salat)' Schedule
Effective 12/1/2017
MINIMUM MIDPOINT
$117,500 $142,750
. $96,200 $117 ,800
42
Attachment A
MAXIMUM
$162,300
$134,700
MAXI1\4UM
$168,000
$139,400
Nov. 12, 2019 Item #1 Page 124 of 129
Exhibit 3
APPENDIX A
LIST OF COVERED CLASSIFICATIONS
The following job classifications require or utilize a commercial driver's license, and are therefore
subject to the provisions of this policy:
PARKS AND RECREATION
Bus Driver, part-time (if employee possesses a commercial driver's license)
Park Maintenance Worker II (if employee possesses a commercial driver's license)
Park Maintenance Worker III (if employee possesses a commercial driver's license)
Parks/Trees Supervisor (if employee possesses a commercial driver's license)-~ -
Senior Recreation Leader, part-time (if employee possesses a commercial driver 's license)
Tree Trimmer I & II
Tree Trimmer Leadworker
PUBLIC WORKS
Equipment Service Worker (if employee possesses a commercial driver's license)
Equipment Technician I (if employee possesses a commercial driver's license)
Equipment Technician II
Lead Equipment Technician
Maintenance Worker (if employee possesses a commercial driver's license)
Public Works Supervisor (if employee possesses a commercial driver's license)
Sanitation Systems Operator I, II & III
Senior Storm Drain Maintenance Worker
Street Maintenance Worker II & III
Utilities Supervisor (if employee possesses a commercial driver' s license)
Utility Worker I, II & III
Wastewater Utility Worker I, II & III
POLICE:
Any employee in a CPOA-represented classification or CPMA-represented classificatioi1 who operates a
commercial vehicle ( e.g., the Public Safety Command Post vehicle) during the course of employment.
Revised 11/12/19
18 Nov. 12, 2019 Item #1 Page 125 of 129
JOB TITLE
Police Chief
Assistan t Police Chief
Deputy City Manager
Fire Chief
PeliEe Gl=lief:
Senior Assistant City Attorney
Assistant City Attorney
Assistant Fire Chief
AssistaRt PeliEe <:;l=lief:
Chief Innovation Officer
Community & Economic Dev . Director
Finance Direaor ·------
Parks and Recreation Director
Utilities Director
Fire Division Chief
Human Resources Director
Information Technology Director
Library and Cultural Arts Director
Transportation Director
Utilities Manager
Assistant Finance Director
Building & Code Enforc. Manager
Management Salary Schedule (Base Pay)
11/12/19
GRADE MINIMUM
8B $ 153 ,324
8A $ 144,509
8A
8A
g
8A
7B $ 131,325
7B
-7-B
7B
7B
------··--~--7B------
7B
7B
7A $ 121,128
7A
7A
7A
7A
7A
6 $ 103,206
6
Business Intelligence & Analytics Manager 6
City Communications Manager 6
City Traffic Engineer 6
City Planner 6
Deputy City Attorney 6
Deputy Library Director 6
Economic Development Manager 6
I
Environmental Manage r 6
Engineering Manager 6
Fire Battalion Chief 6
Fire Marshal 6
Geographic Info. Systems Manager 6
Information Technology Manager 6
Municipal Property Manager 6
Parks Services Manager 6
Project Portfolio Manager 6
Public Works Manager 6
Recreation Services Manager 6
Transportation Planningand Mobility Manager 6
* Ranges for Police Chief and Assistant Police Chief are effective 1/1/2019
Page 1
Exhibit 4
MIDPOINT MAXIMUM
$ 187,858 $ 222 ,391
$ 177,057 $ 209,605
$ 160,938 $ 190,550
---.~--· ---
$ 147,136 $ 173,143
$ 126,381 $ 149,556
Nov. 12, 2019 Item #1 Page 126 of 129
Management Salary Schedule (Base Pay)
11/12/19
JOB TITLE GRADE MINIMUM
Assistant to the City Manager s $ 94,657
City Clerk Services Manager s
Development Services Manager s
Emergency Medical Services (EMS) Manager s
Facilities Manager I s
Finance Manager s
Finance Payroll Information Technology Mgr s
Human Resources Manager s
Information Technology Project Manager s
Information Technology Security Manager s
Municipal Projects Manager s
Police eommunications-Manager------·-S ---
Principal Planner s
Public Safety Info. Technology Manager s
Parks Superintendent s
Public Works Superintendent s
Real Estate Manager s
Risk Manager s
Senior Engineer s
Utilities Asset Manager s
Utilities Supervisor 5
Cultural Arts Manager 4 $ 80,855
Emergency Preparedness Manager 4
Park Planning Manager 4
Public Information Officer 4
SCADA Supervisor 4
Senior Accountant 4
Senior Program Manager 4
Senior ManagementAnalyst 4
Special Projects Manager 4
Video Production Manager 4
Community Relations Manager 3 $ 66,435
Executive Assistant 3
Management Analyst 3
Meter Services Supervisor 3
Parks/Trees Supervisor 3
Principal Librarian 3
Progr.am Manager 3
Public Works Supervisor 3
Recreation Area Manager 3
Senior Crime Intelligence Analyst 3
Utilities Maintenance Planner 3
Aquatic Supervisor 2 $ 57,062
Page 2
Exhibit 4
MIDPOINT MAXIMUM
$ 112,528 $ 130,398
~. --~ -
$ 95,996 $ 111,137
$ 78,795 $ 91,155
$ 67,774 $ 78,486
Nov. 12, 2019 Item #1 Page 127 of 129
JOB TITLE
Associate Analyst
Crime Intelligence Analyst
Programs and Venues Coordinator
Communications Coordinator
Community Arts Coordinator
Community Volunteer Coordinator
Graphic Production Supe rvisor
Management Assistant
Management Salary Schedule (Base Pay)
11/12/19
GRADE MINIMUM
2
2
2
1 $ 51,912
1
1
1
1
Page 3
Exhibit 4
MIDPOINT MAXIMUM
$ 61 ,594 $ 71,276
Nov. 12, 2019 Item #1 Page 128 of 129
Exhibit 5
Educational Incentive
Effective January 1, 2019 , employees in the classifications of Police Chief and Assistant Police Chief
who present proof to the Professional Standards Division Sergeant, Carlsbad Police Department, of
evidence of the award of a Management certificate issued by the State of California Commiss ion on Peace
Officer Standards and Training (POST) will be eligible to receive educational incentive pay in the amount
of four hundred sixty-two dollars ($462) biweekly . Eligibility for receiving the compensation will be
based upon the date the employee provides evidence of eligibility to the Professional Standards Division
Sergeant . It is the sole responsibility of the employee to make notification of eligibility for the
educational incentive pay .
Nov. 12, 2019 Item #1 Page 129 of 129