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HomeMy WebLinkAbout2022-12-13; City Council; ; Recognition of Indigenous Peoples’ Day as a Paid HolidayCA Review CKM Meeting Date: Dec. 13, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Debbie Porter, Senior Management Analyst debbie.porter@carlsbadca.gov, 760-621-1221 Judy von Kalinowski, Human Resources Director judy.vonkalinowski@carlsbadca.gov, 760-473-4670 Subject: Recognition of Indigenous Peoples’ Day as a Paid Holiday District: All Recommended Actions Adopt a resolution approving side letter agreements1 with the Carlsbad City Employees’ Association, Carlsbad Police Officers’ Association, Carlsbad Police Management Association and Carlsbad Firefighters’ Association, Inc., and approving amendments to the Emergency Medical Technician Employment, Compensation and Benefits Plan and the Management Compensation and Benefits Plan for the recognition of Indigenous Peoples’ Day as a paid holiday. Executive Summary The City Council is being asked to approve changes to the city’s labor agreements to recognize Indigenous Peoples’ Day in lieu of Columbus Day on the second Monday of October, in keeping with a request from its largest labor association. Discussion The City of Carlsbad observes 11 scheduled paid holidays per calendar year. In October 2022, the Carlsbad City Employees’ Association proposed to observe Indigenous Peoples’ Day in lieu of Columbus Day, also on the second Monday in October. The number of paid holidays would remain at 11. In order to maintain consistency between all employee groups, staff have met and conferred with the other employee labor associations and reached agreement on this proposal. The City Council’s approval is required to make the change to the memoranda of understanding with the Carlsbad City Employees’ Association, Carlsbad Police Officers’ Association, Carlsbad Police Management Association and the Carlsbad Firefighters’ Association, Inc., as well as to the Emergency Medical Technician Employment, Compensation and Benefits Plan and the Management Compensation and Benefits Plan for unrepresented employees. 1 A side letter agreement is an agreement that is not part of a primary contract or an agreement that the parties can use to amend the primary contract. Dec. 13, 2022 Item #5 Page 1 of 52 A proposed resolution approving the side letters, the revised Emergency Medical Technician Employment, Compensation and Benefits Plan and the revised Management Compensation and Benefits Plan is attached as Exhibit 1. These revisions are incorporated into the side letters included as Attachments A, B, C and D, into the Emergency Medical Technician Employment, Compensation and Benefits Plan included as Attachment E and into the Management Compensation and Benefits Plan included as Attachment F. Exhibit 2 shows the proposed revisions. Options Staff recommend the City Council approve changes to these labor agreements to recognize Indigenous Peoples’ Day on the second Monday of October. Staff have identified no economic impacts to making this change. Without the City Council’s approval, the city would have to deny the Carlsbad City Employees’ Association request to make the change. Fiscal Analysis There is no fiscal impact associated with the proposed revision. Next Steps With the City Council’s approval, staff will implement the provisions of the side letters, the Emergency Medical Technician Employment, Compensation and Benefits Plan and the Management Compensation and Benefits Plan, as shown in Attachments A through F of Exhibit 1. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. Revisions to the following documents: • Article 21 Holidays of the Carlsbad City Employees’ Association Memorandum of Understanding • Article 34.2 Holidays of the Carlsbad Police Officers’ Association Memorandum of Understanding • Article 25.2 Holidays of the Carlsbad Police Management Association Memorandum of Understanding • Article 16 Holidays of the Carlsbad Firefighters’ Association, Inc. Memorandum of Understanding • Section 13 of the Emergency Medical Technician Employment, Compensation and Benefits Plan • Holidays section of the Management Compensation and Benefits Plan Dec. 13, 2022 Item #5 Page 2 of 52 RESOLUTION NO. 2022-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SIDE LETTER AGREEMENTS WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION, CARLSBAD POLICE OFFICERS' ASSOCIATION, CARLSBAD POLICE MANAGEMENT ASSOCIATION AND CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. AND APPROVING REVISIONS TO THE EMERGENCY MEDICAL TECHNICIAN EMPLOYMENT, COMPENSATION AND BENEFITS PLAN AND THE MANAGEMENT COMPENSATION AND BENEFITS PLAN WHEREAS, City Council desires to recognize Indigenous Peoples' Day as a city paid holiday. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.The above recitations are true and correct. 2.The side letter agreement between the Carlsbad City Employees' Association and the City of Carlsbad (Attachment A) is approved and the City Manager is authorized to execute it on behalf of the city. 3.The side letter agreement between the Carlsbad Police Officers' Association and the City of Carlsbad (Attachment B) is approved and the City Manager is authorized to execute it on behalf of the city. 4.The side letter agreement between the Carlsbad Police Management Association and the City of Carlsbad (Attachment C) is approved and the City Manager is authorized to execute it on behalf of the city. 5.The side letter agreement between the Carlsbad Firefighters' Association, Inc. and the City of Carlsbad (Attachment D) is approved and the City Manager is authorized to execute it on behalf of the city. 6.The revised Emergency Medical Technician Employment, Compensation and Benefits Plan (Attachment E) is approved and the City Manager is authorized to execute it on behalf of the city. 7.The revised Management Compensation and Benefits Plan (Attachment F) is approved and the City Manager is authorized to execute it on behalf of the city .. Exhibit 1 Dec. 13, 2022 Item #5 Page 3 of 52 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of December, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor ,btt/FAVIOLA MEDINA, City Clerk Services Manager 0 (SEAL) Dec. 13, 2022 Item #5 Page 4 of 52 DocuSign Envelope ID: 002272C2-C93C-4E79-826E-C73F0F03DE6F SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD CITY EMPLOYEES' ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO HOLIDAYS Attachment A The C ity of Carlsbad (hereinafter referred to as "city") and the Carl sbad City Employees' Association (hereinafter referred to as the "CCEA") entered into a Memorandum of Understanding ("MOU") with a term beginning on January I, 2021 and terminating on December 3 1, 2022. The city and CCEA are collectively referred to herein as the ·'Parties." The Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to the MOU. Background and Overview This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city paid holiday. The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act ("MMBA"). Based on the above, the city has proposed and the CCEA has agreed to modify Article 21.A of the CCEA MOU to state the fo llowing: Article 2 1 Holidays A. Authorized Holidays The City shall observe eleven (11 ) scheduled paid holidays. The scheduled paid holidays that will be official City holidays shall be as fo llows: New Year's Day Ma1tin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Date: 11/7/2022 Columbus Indigenous Peoples' Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day TURCHIANO, PRESIDENT, CARLSBAD C ITY ES' ASSOCIATION Date: I (ob:-f Z7 Date: I 2-/ IS /)0.2:l- Dec. 13,2022 SCOTT CHADWICK, CITY MANAGER, CITY OF CARLSBAD Approved as to form, CITY ATTORNEY Item #5 Page 5 of 52 DocuSign Envelope ID: 12A2D6BA-4EC5-4FC6-9458-BEA0D65EE262 SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD POLICE OFFICERS' ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO HOLIDAYS Attachment B The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Officers' Association (hereinafter referred to as the "CPOA") entered into a Memorandum of Understanding ("MOU") with a term beginning on January I, 2022 and terminating on December 31, 2024. The city and CPOA are collectively referred to herein as the "Parties." The Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to the MOU. Background and Overview This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city paid holiday. Based on the above, the city has proposed and the CPOA has agreed to modify Article 34.2 of the CPOA MOU to state the following: 34.2 The holiday schedule fo r the term of this agreement is as follows: New Year's Day Martin Luther King's Bi1thday President's Day Columbus Indigenous Peoples' Day Veterans Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day Date: 12/1/2022 Dec. 13,2022 IS, PRESIDENT, CARLSBAD POLICE OCIATION SCOTT CHADWICK, CITY MANAGER, CITY OF CARLSBAD -~ /L ~ Approved as to form, CITY ATTORNEY Item #5 Page 6 of 52 DocuSign Envelope ID: CA43B96B-CCCF-47E3-86FA-2F3CD7F91057 SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD POLICE MANAGEMENT ASSOCIATION AND THE CITY OF CARLSBAD RELATING TO HOLIDAYS Attachment C The City of Carlsbad (hereinafter referred to as "city") and the Carlsbad Police Management Association (hereinafter referred to as the "CPMA") entered into a Memorandum of Understandi ng ("MOU") w ith a term beginning on January I, 2022 and terminating on December 31, 2024. The city and CPMA are collectively referred to herein as the "Parties." The Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to the MOU. Background and Overview This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city paid holiday. The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act ("MMBA"). Based on the above, the city has proposed and the C PMA has agreed to modify Article 25.2 of the CPMA MOU to state the following: 25.2 The holiday schedule for the term of thi s agreement is as follows: New Year's Day Martin Luther King's Birthday President's Day Columbus Indigenous Peoples' Day Veterans Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day Date: 11/7/2022 Date: ~~l,t;CZ2. Date:/ 1,,,/ts-/,oz:z Dec. 13, 2022 PRESIDENT, CARLSBAD POLICE SSOClATION SCOT -DWICK, CITY MANAGER, CITY OF CARLSBAD Approved as to form, CITY ATTORNEY Item #5 Page 7 of 52 Attachment D SIDE LETTER AGREEMENT BETWEEN THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. AND THE CITY OF_ CARLSBAD RELATING TO HOLIDAYS The City of Carlsbad (hereinafter refened to as "city") and the Carlsbad Firefighters' Association, Inc. (hereinafter referred to as the "CF A") entered into a Memorandum of Understanding ("MOU") with a term beginning on January 1, 2020 and terminating on December 31, 2022. The city and CFA are collectively refened to herein as the "Parties." The Parties now enter into this Side Letter of Agreement ("Agreement") as an amendment to the MOU. Background and Overview This Agreement relates to recognition of Indigenous Peoples' Day in lieu of Columbus Day as a city paid holiday. The Parties have satisfied their obligations to meet and confer in good faith in accordance with the Meyers-Milias-Brown Act ("MMBA"). Based on the above, the city has proposed and the CF A has agreed to modify Article 16 of the CF A MOU to state the following: ARTICLE 16. HOLIDAYS The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year's Day Martin Luther King's Birthday President's Day t0lumbus Indigenous Peoples' Day Veterans Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day Date:--'-1 l-+/__,3 /1--2,_Z-__ Date: \l,e~ Dec. 13,2022 ,CARLSBAD TION, INC. SCOTT WICK, CITY MANAGER, CITY OF CARLSBAD ~ /C.. ~ Approved as to form, CITY ATTORNEY Item #5 Page 8 of 52 1 EMERGENCY MEDICAL TECHNICIAN (EMT) EMPLOYMENT, COMPENSATION AND BENEFITS PLAN TABLE OF CONTENTS Introduction Page 2 Section 1 Duties Page 2 Section 2 Termination/Resignation Page 3 Section 3 Reemployment Page 3 Section 4 Salary Page 3 Section 5 Work Schedule/Overtime Page 4 Section 6 Assignment as Paramedic/Firefighter Trainee Page 5 Section 7 Bereavement Page 5 Section 8 Short-Term and Long Term Disability Insurance Page 5 Section 9 Annual Vacation Leave Page 6 Section 10 Sick Leave Page 8 Section 11 Bilingual Pay Page 9 Section 12 Flexible Benefits Program Page 9 Section 13 Holidays Page 11 Section 14 Retirement Benefits Page 11 Section 15 Americans With Disabilities Act and Other Fair Employment Laws Page 12 Section 16 Family Leave Acts Page 12 Section 17 Alcohol and Drug Policy Page 12 Section 18 Paramedic License Pay Page 17 Section 19 Reporting Value of Uniforms to CalPERS Page 17 Section 20 Deferred Compensation Page 17 Section 21 Leave of Absence Page 17 Section 22 Military Leave Page 20 Section 23 Jury Duty Page 20 Section 24 Life/Accidental Death & Dismemberment Insurance and Voluntary Benefits Page 21 Section 25 Wellness Page 21 Section 26 Paid Family Leave Page 21 Section 27 Defense and Indemnification Page 21 Attachment E Dec. 13, 2022 Item #5 Page 9 of 52 2 INTRODUCTION In order to better provide for the health, safety and welfare of the citizens of Carlsbad, the City of Carlsbad provides detailed control over the daily operations of the city's emergency transport operations, including in-house deployment of ambulances, ownership and control over equipment and supplies, and supervision and control over employee selection and assignments. Employee compensation and benefits, conditions of employment, and working conditions of the Emergency Medical Technician (EMT) are described in this document and shall be governed by the city. Assignment to full-time EMT status will be based on a competitive process determined by the city to include an interview with the Fire Chief or designee. An EMT is not part of the classified service and does not belong to, and is not part of, any recognized bargaining unit in the City of Carlsbad. An EMT may not administratively appeal, grieve or protest any condition of employment pursuant to the City of Carlsbad Municipal Code and/or Personnel Rules. Throughout this document, any reference to the Fire Chief or designee is understood to mean authorization from the City Manager who delegates authority to the Fire Chief or designee to implement the provisions of this document. SECTION 1. DUTIES A.An EMT must possess the minimum qualifications and will perform the functions and dutiesset forth in the Emergency Medical Technician Class Specification (incorporated by reference),and will perform all other legally permissible duties and functions as the city shall from time to time assign. The work schedule may involve twenty-four (24) hour shifts or other shifts as determined by the city. An EMT shall not be considered a firefighter or public safety employee. An EMT shall not perform duties including fire prevention, fire suppression, technical rescue, or the staffing of fire suppression apparatus. An EMT shall devote full attention and effort to the tasks and duties set forth in the class specification and perform the mentioned duties and tasks in a professional manner. B.The city will: (1)Administer various examinations, background checks, and/or other pre-employmentscreening to determine whether the EMT is an appropriate candidate for employment as an EMTfor the city; (2)Provide the EMT with any uniforms, tools and equipment as the city deems appropriate; Dec. 13, 2022 Item #5 Page 10 of 52 3 (3)Provide the EMT such training and instruction as the city deems appropriate; (4)Pay the EMT earned wages during the period the EMT is employed by the city; (5)Staff ambulances with at least one additional EMT or Paramedic as directed by the Fire Chiefor designee; and (6)Provide adequate dormitory and kitchen facilities for the EMT. SECTION 2. TERMINATION/RESIGNATION An EMT is an at-will employee of the city and as such, an EMT may be terminated at any time at the city’s discretion without any right of the EMT to appeal the decision. The at-will employment relationship may not be modified by any oral or implied agreement or by any person, statement, act, series of events, or pattern of conduct. Nothing in this document shall prevent, limit or otherwise interfere with the city’s discretion to terminate the employment of the EMT at any time. In the event an EMT voluntarily resigns, the city requests the EMT give the city written notice at least 30 days prior to the last workday. It is understood that after notice of termination in any form, the EMT and city will cooperate to provide for an orderly transition. An EMT that is assigned to a full-time position may resign the full-time position and request reassignment to a part-time status. SECTION 3. REEMPLOYMENT A.An EMT who has resigned may be reemployed to either a part-time or a full-time EMT position, if vacant, within one year of the effective date of resignation. Reemployment to a full- time EMT position will be based on availability of a vacant full-time position and a competitiveprocess determined by the city to include an interview with the Fire Chief or designee. B. If a former EMT seeks reemployment as an EMT after a period greater than one year after resignation, the city's recruitment process for the EMT position must be utilized to gain employment. C.If a former EMT is reemployed, upon reemployment, the EMT shall resume the samevacation accrual rate that the EMT had at the time of separation. SECTION 4. SALARY The salary range for an EMT is set forth in the Non-Management Unclassified Salary Range Schedule (incorporated by reference). An EMT may be paid anywhere in the salary range, as determined by the city. An EMT may be advanced in the salary range regardless of the length of time served at the EMT’s present pay rate. This advancement requires the written recommendation of the Fire Chief or designee and requires the approval of the City Manager or designee. Dec. 13, 2022 Item #5 Page 11 of 52 4 Periodically the Human Resources Department will bring forth salary range adjustment recommendations to the City Council that are based on market and economic conditions. If, as a result of a salary range adjustment, an EMT’s base pay falls below the minimum of the salary range, the EMT’s base pay will be increased to the new range minimum as of the date the City Council approves the salary range adjustment. SECTION 5. WORK SCHEDULE/OVERTIME A.The city may establish a work period for each EMT. Such schedule will comply withrequirements of the Fair Labor Standards Act (FLSA) and any other federal or state employmentlaws and/or regulations. To the extent required by federal and state labor laws and/or regulations,the city will provide an EMT overtime based upon a 40-hour FLSA work week from Monday at 12:00 a.m. to Sunday at 11:59 p.m. B.An EMT will be usually be scheduled for a 56-hour schedule to coincide with the firesuppression/operations schedule on 24-hour shifts. An EMT shall receive overtime compensationfor all work in excess of 40 hours in any one work week (unless otherwise required by law). C. The Fire Chief or designee may establish reasonable regulations regarding hours worked,daylight savings time, lost time, general leave, shift exchanges, etc. These regulations may bemodified and/or updated from time to time at the sole discretion of the Fire Chief or designee inaccordance with federal, state, and/or local laws governing employment. D. In determining an employee’s eligibility for overtime, paid leaves shall be included in thetotal hours worked. Excluded from the total hours worked are duty free lunches, travel time toand from work (except for emergency call-back), and time spent conducting bona fide volunteeractivities. In addition, any employee required to perform work in excess of an employee’s normal scheduled shift shall receive overtime compensation. For FLSA overtime, the regular rate of pay shall be calculated in conformance with the FLSA. There shall be no pyramiding of overtime. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest quarter of an hour. E. Employees shall be subject to having their daily work schedule changed at the sole discretionof the city. Such changes include, without limitation: (1) number of days/hours to be worked on adaily basis and in a payroll period; (2) normal days off; and (3) starting/ending times of assigned shifts. Dec. 13, 2022 Item #5 Page 12 of 52 5 SECTION 6. ASSIGNMENT AS PARAMEDIC/FIREFIGHTER TRAINEE The Fire Department may identify one EMT per calendar year to be assigned to the position of Paramedic/Firefighter (PM/FF) Trainee. Selection for this assignment will be based on a competitive application and selection process upon completion of all department requirements for eligibility. This position will report to an assigned training program for Firefighter I academy training and/or Paramedic training. Upon successful completion of all requirements for the position of Paramedic/Firefighter, the EMT may be eligible for promotion to the position of Paramedic/Firefighter upon successful completion of a Carlsbad Physical Abilities test and interview process with the Fire Chief or designee. The EMT position will be held for the employee assigned as a PM/FF Trainee. If the EMT is unsuccessful in the assigned training program(s), the EMT will return to the EMT position. The EMT may repeat the application and selection process for Paramedic/Firefighter Trainee at a later date. SECTION 7. BEREAVEMENT LEAVE In the event of the death of an EMT’s immediate family member, the employee may take up to three shifts of paid time off for bereavement. Bereavement leave must be taken within one year of the event. Additional time off may be authorized by the Fire Chief or designee and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. “Immediate family” includes a spouse, domestic partner, child, grandchild, member of immediate household, sibling, parent, or grandparent, whether biological, foster, step, adopted, or in-law. It also includes any person who has served in place of a parent to the EMT, or any person for whom the EMT has served in place of a parent. The term “child” means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis. The term “parent” means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. The EMT may be required to submit proof of the family member’s death before being granted bereavement leave. SECTION 8. SHORT-TERM AND LONG-TERM DISABILITY INSURANCE Short-Term Disability The city will provide EMTs with city-paid short-term disability insurance via an insurance provider. The insurance shall provide for a seven calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the EMT’s pre-disability base salary, up to a maximum base salary of $150,000. Long-Term Disability The city will provide EMTs with city-paid long-term disability insurance. This insurance shall provide for a 90 calendar day waiting period prior to payment eligibility and the long-term disability benefits shall be provided at 66 2/3% of the EMT’s pre-disability base salary, up to a maximum base salary of $150,000. Dec. 13, 2022 Item #5 Page 13 of 52 6 Use of Accrued Paid Time Off While Receiving Disability Benefits The EMT shall use the EMT’s accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. The EMT shall combine allowable types of accrued paid time off with short-term and long-term disability payments for the purpose of achieving the equivalent of the EMT’s base salary while receiving the disability payments. Refer to the disability plan documents for information on which types of accrued paid time off may be combined with disability payments. SECTION 9. ANNUAL VACATION LEAVE A.Basis of AccrualThe annual vacation leave accrual schedule will be: Less than 3 full calendar years of continuous service -13 minutes/day3 through 4.99 full calendar years of continuous service -16 minutes/day5 through 9.99 full calendar years of continuous service -20 minutes/day10 through 10.99 full calendar years of continuous service -21 minutes/day 11 through 11.99 full calendar years of continuous service -22 minutes/day 12 through 12.99 full calendar years of continuous service -24 minutes/day13 through 14.99 full calendar years of continuous service -25 minutes/day15 or more full calendar years of continuous service -26 minutes/day Vacation leave is accrued on a daily basis. Vacation leave can be used in 15 minute increments. B.Vacation Accrual MaximumAn EMT will not be allowed to earn and accrue vacation hours in excess of the 320 hour maximum. If there are unusual circumstances that would require an EMT to exceed the vacation accrual maximum, the EMT must submit a request in writing to the Fire Chief or designee and the City Manager. The Fire Chief or designee and the City Manager may grant such a request if it is in the best interest of the city. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. C.Vacation Conversion 1)An EMT is eligible to submit an irrevocable request to elect to cash out up to 80 hours of accrued vacation hours for the following calendar year. 2)An EMT may convert accrued vacation to cash in the year following the electionby completing a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year. Dec. 13, 2022 Item #5 Page 14 of 52 7 3) Only vacation hours accrued during the calendar year following the election may be cashed out. If the EMT accrues less than the election amount, the EMT may cash out no more than the total vacation accrual in the following calendar year. 4) The EMT’s accrued vacation to convert to cash will be credited first to the cash out account with the EMT’s earned vacation leave until the EMT’s full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the EMT’s maximum vacation accrual. During this period of time, no earned vacation leave will be credited to the EMT’s vacation time off balance. 5) Payment of vacation hours elected for cash out will be in the last paycheck in December unless the EMT has accrued all the elected vacation hours by June 30, in which case payment of the elected vacation hours may be cashed out in July at the EMT’s request. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If an EMT does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the EMT actually accrues in the calendar year and the payout will be made no later than the last pay date in the calendar year. 6) The vacation payment amount will be based on the EMT’s rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions. 7) If the EMT does not elect to cash out vacation by December 10, they waive their right to do so and will not be allowed to cash out any vacation accruing in the following year. D. Effect of Leave of Absence on Accrual of Vacation Leave See Section 21 for the effect of an extended leave of absence on vacation accrual. E. Compensation for City Work During Vacation Prohibited An EMT shall not be permitted to work for compensation for the city in any capacity, except compensation for mandated court appearances, during the time of the EMT’s paid vacation leave from city service. This clause shall not limit the city’s right to recall the EMT from vacation in the event of an emergency and place the EMT on regular pay status. F. Scheduling Vacations An EMT may take annual vacation leave at any time during the year, contingent upon determination by the EMT’s Department Head that such absence will not materially affect the department. The EMT must consider the needs of the service when requesting annual vacation leave. All vacation requests must be placed in the city’s timekeeping system per the Department Directive. When a family emergency arises which necessitates the use of Dec. 13, 2022 Item #5 Page 15 of 52 8 vacation time, the EMT shall provide as much advance notice as possible considering the particular circumstances. G. Terminal Vacation Pay The dollar value of an EMT’s accrued vacation balance as of the EMT’s last day on payroll shall be paid to the EMT upon separation of employment at the EMT’s base rate of pay at separation. When separation is caused by the death of the EMT, payment shall be made to the estate of the EMT or, in applicable cases, as provided in the California Probate Code. SECTION 10. SICK LEAVE An EMT shall accrue sick leave at a rate of 16 minutes per day. Sick leave is accrued on a daily basis. Sick leave can be used in 15 minute increments. A. Use of Sick Leave Sick leave will be administered consistent with state and federal law and shall be allowed for the following purposes: 1. Diagnosis, care or treatment of an existing health condition of, or preventative care for, an EMT or an EMT’s immediate family member. “Immediate family members” means the same for this Section as it does for Section 7 – Bereavement Leave. 2. If the EMT is a victim of domestic violence, sexual assault, or stalking, for the purposes described in California Labor Code Sections 230(c) and 230.1(a), including obtaining relief (e.g., a restraining order), to obtain domestic violence services, or to seek medical or mental health treatment. The EMT may request to use paid sick leave either orally or in writing using the city’s electronic scheduling system. If the need for paid sick leave is foreseeable, the EMT shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the EMT shall provide notice of the need for the leave as soon as practicable. If an EMT separates from the city and is rehired by the city within one year from the date of separation, the EMT’s previously accrued and unused sick leave shall be reinstated. B. Timekeeping The EMT must account for all sick leave hours requested via the city’s timekeeping system. C. Effect of Leave of Absence See Section 21 for the effect of an extended leave of absence on sick leave accrual. Dec. 13, 2022 Item #5 Page 16 of 52 9 D. Sick Leave Conversion If an EMT has accrued and maintains a minimum of 160 hours of sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated sick leave to vacation at a ratio of 24 hours of sick leave to 8 hours of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. SECTION 11. BILINGUAL PAY The city will provide additional compensation to an EMT, designated by the Human Resources Department, in the amount of $50.00 per pay period for the performance of bilingual skills. The determination of the number of persons/positions to be designated as bilingual is at the sole discretion of the city. In order to qualify for and receive bilingual pay, an EMT must pass a bilingual proficiency test as determined by the city in the foreign language or American Sign Language (ASL). SECTION 12. FLEXIBLE BENEFITS PROGRAM EMTs will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, accidental death and dismemberment insurance (AD&D) and flexible spending accounts (FSAs). Each of these components is outlined below. Benefits Credits and Medical Insurance EMTs 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 EMTs and eligible dependents and those retirees designated in this Section, the minimum amount per month required under California Government Code Section 22892 for medical insurance through CalPERS. If electing to enroll for medical benefits, an EMT must select one medical plan from the variety of medical plans offered through CalPERS. The city shall contribute monthly amounts (called Benefits Credits) on behalf of EMTs and eligible dependents toward the payment of medical premiums under the CalPERS health program. The city contribution shall be based on an EMT’s medical coverage level and shall include the mandatory payments to CalPERS. If the actual total premiums exceed the city’s total contributions, the EMT will pay the difference. Waiver Provision: If an EMT does not wish to participate in the CalPERS Health Program, the EMT will have the choice of waiving the city’s medical insurance program, provided the EMT can show proof of coverage under another group insurance program. The benefits credits associated with waiving medical coverage will be set equal to 50% of Dec. 13, 2022 Item #5 Page 17 of 52 10 the benefit credits associated with the 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 exceed the cost of the medical insurance purchased by the EMT, the EMT 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 EMT in cash and reported as taxable income and included in premium pay in accordance with the FLSA. Effective January 1 of each calendar year, the city monthly benefit credits associated with each medical coverage level will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. Dental Insurance, Vision Insurance and Accidental Death & Dismemberment (AD&D) Insurance EMTs may choose to enroll in or opt out of the city-sponsored dental, vision or AD&D insurance plans at any coverage level. Retirees If an EMT retires from the city, the EMT is covered by the PEMHCA and is eligible to participate in the CalPERS Health Program. EMTs 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 they are 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 California Government Code Section 22892 toward the cost of each retiree’s enrollment in the CalPERS Health Program. EMTs who retire from the city, either service or disability, shall be eligible to elect, upon retirement, to participate in the city’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose continued coverage upon retirement, or who chooses coverage and later drops it, is not eligible to return to the city’s dental and vision insurance programs. The city will invoice the retiree for the retiree’s monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. Dec. 13, 2022 Item #5 Page 18 of 52 11 SECTION 13. HOLIDAYS The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year’s Day Indigenous Peoples’ Day Martin Luther King Jr.’s Birthday Veterans Day President’s Birthday Thanksgiving Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day While on a 24-hour shift, EMTs shall be compensated for an additional twelve (12) hours of holiday pay paid at the regular rate per FLSA guidelines on the day each holiday occurs in lieu of having the day off with pay when the holiday falls on a regularly scheduled work shift. While on any shift other than a 24-hour shift, EMTs will be eligible to have the day off with pay on the holidays listed above. See Section 21 for the effect of an extended leave of absence on holiday pay. Only EMTs who are on paid status on their scheduled workday immediately before a holiday shall be entitled to the paid holiday. SECTION 14. RETIREMENT BENEFITS 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) • EMTs 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. • EMTs entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 – The retirement formula shall be 2% @ 60; three-year average final compensation. “New Members” EMTs 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 January 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, without limitation, the following retirement benefits. • Retirement formula shall be 2% @ 62; three-year average final compensation. Dec. 13, 2022 Item #5 Page 19 of 52 12 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. EMTs shall make the following employee retirement contributions through payroll deductions: • EMTs who are miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%). • EMTs who are miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%). • EMTs who are miscellaneous employees meeting the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their benefit plan as determined by CalPERS. C. The city will continue to contract with CalPERS for the third level of 1959 Survivors’ Benefit. D. The city shall continue to contract with CalPERS for the military service credit option. The cost of this option is borne entirely by the EMT. Payments by the EMT to CalPERS are to be arranged by the EMT directly with CalPERS. Once such a payment schedule has been approved by CalPERS, the EMT may arrange with the city for such payments to be made by means of payroll deduction SECTION 15. AMERICANS WITH DISABILITIES ACT AND OTHER FAIR EMPLOYMENT LAWS The city acknowledges the applicability of the Americans With Disabilities Act and other state and federal fair employment laws and intends to apply and implement this document so as to comply with these laws. SECTION 16. FAMILY LEAVE ACTS The city acknowledges the applicability of the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) and intends to apply and implement this document so as to comply with these laws. SECTION 17. 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 Dec. 13, 2022 Item #5 Page 20 of 52 13 (SAMHSA). All procedures and protocols for collection, chain of custody and testing will be conducted consistent with standards required under SAMHSA certification. This policy is intended to accomplish that objective. A. Definitions - As Used in This Policy: 1. "Drug" means any substance which produces a physical, mental, emotional or behavioral change in the user, including but not limited to, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, methamphetamines, alcohol, marijuana, and other cannabinoids. 2. “Workplace” means any site where city-assigned work is performed, including city premises, city vehicles or other premises or vehicles, while city-assigned work is being conducted, or within a reasonable time thereafter. 3. “Reasonable suspicion” means a standard for evidence or other indication of impairment of normal physical or mental skills by alcohol or drugs where such impairment could negatively affect work performance or could pose a threat to public or employee safety. B. Employee Responsibilities 1. As a condition of employment, employee 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. Employee must notify their supervisor when taking any medication or drugs, prescription or non-prescription (over-the-counter medications), Dec. 13, 2022 Item #5 Page 21 of 52 14 which may interfere with safe or effective performance of their duties or operation of city equipment. 3. Off-duty involvement with any controlled substance including, but not limited to manufacture, distribution, dispensing, possession, use or any conviction under a criminal drug statute whose scope and employment are relevant to city employment may result in disciplinary action up to and including termination if there is relevant nexus between such off- duty involvement and the employee’s employment with the city. C. Employer Searches For the purpose of enforcing this policy and maintaining a drug-free workplace, the city reserves the right to search, with notice to the employee or if no prior notice, in the employee’s presence, all work areas and property in which the city maintains full or joint control with the employee, including but not limited to city vehicles, desks, lockers, file cabinets, and bookshelves. These areas remain part of the workplace context even if the employee has placed personal items in them. Employee is cautioned against storing personal belongings in work areas under full or joint city control since such work areas may be subject to investigation and/or search under this policy. Employee shall have no expectation of privacy in these areas, locations or properties. Employer searches shall occur when there is a determination of “reasonable suspicion” as defined herein. Such searches shall be conducted by persons having supervisory and/or other legal authority to conduct such searches. Searches will not normally occur without concurrence of more than one supervisor. The city may conduct searches without notice to the employee or without the employee being present if a valid search warrant has been obtained. The employee may also consent to a search. Nothing in this policy shall prevent the city from taking appropriate action if there is an inadvertent discovery of evidence of drug or alcohol use. D. Consequences of Violation of Policy 1. Failure to abide by the terms of this policy shall be grounds for disciplinary action, up to and including termination. 2. In addition to any disciplinary action, an employee who fails to abide by this policy may also be directed or allowed to satisfactorily participate in an approved alcohol or substance abuse assistance or rehabilitation program. Dec. 13, 2022 Item #5 Page 22 of 52 15 E. Federal Motor Carrier Safety Improvement Act of 1999 and DOT regulations The Federal Motor Carrier Safety Improvement Act of 1999 and the California Vehicle Code apply to an EMT. The city and employees shall comply with the regulations developed by the Department of Transportation to enforce the Act. II. DRUG AND ALCOHOL ANALYSIS A. Pre-employment Drug and Alcohol Analysis 1. Prior to receiving an offer of employment, an otherwise successful candidate must submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalyzer," urine, or blood analysis. 2. Persons whose results are positive for either drugs or alcohol will be rejected for city employment. B. Employee Drug and Alcohol Analysis 1. If a manager or supervisor of the city has reasonable suspicion that an employee is under the influence of drugs or alcohol while in the workplace or subject to duty, the employee shall be: a. Prevented from engaging in other work; and b. Required to submit to a drug and alcohol analysis. At the city's discretion, this analysis may be in the form of "breathalyzer," 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 the employee’s home. 2. Some examples of “reasonable suspicion” as defined in Section I.A.3. include, but are not limited to, the following, when confirmed by more than one person having supervisory authority: a. slurred speech. b. alcohol odor on breath; c. unsteady walking or movement not related to prior injury or disability; Dec. 13, 2022 Item #5 Page 23 of 52 16 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 termination. 6. City agrees to take steps to protect the chain of custody of any drug test sample. 7. Employee will be placed on paid administrative leave pending the completion of any testing process and any investigation deemed necessary by the city. III. EMPLOYEE ASSISTANCE PROGRAM A. The city has a well-established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any employee of the city wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. B. Employees who are concerned about their alcohol or drug use are strongly encouraged to voluntarily seek assistance through the EAP. All self-referral contacts are held in confidence by the EAP. Dec. 13, 2022 Item #5 Page 24 of 52 17 C. Participation in the employee assistance program will not replace normal disciplinary procedures for unsatisfactory job performance or for violation of any city policy. SECTION 18. PARAMEDIC LICENSE PAY EMTs who possesses their paramedic license and San Diego County accreditation will receive $110.77 per pay period for paramedic license pay upon approval from their supervisor and successful completion of an evaluation of paramedic skills by the Fire Chief or designee. SECTION 19. REPORTING VALUE OF UNIFORMS TO CALPERS EMTs who are Classic Members will have the amount of $17.31 reported to CalPERS bi-weekly as special compensation related to the monetary value of the required uniform, excluding boots. Under PEPRA, this benefit is not reported to CalPERS as special compensation for New Members. SECTION 20. DEFERRED COMPENSATION The city shall provide for a Deferred Compensation Plan which may be utilized by EMTs on an optional basis. The city reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented according to the plan document and without cost to the city. SECTION 21. LEAVE OF ABSENCE A. Occupational Injuries or Illnesses If an EMT sustains a work related injury or illness and becomes temporarily disabled from work as a result, the EMT may receive the EMT’s full salary, in lieu of the state mandated temporary disability benefit, for a period of up to 45 calendar days for any single incident. The periods of temporary disability need not be continuous. Any aggravation of a pre-existing occupational injury or illness will be treated as such and not as a new injury. In this situation, the EMT will not be entitled to any occupational sick leave benefit which exceeds the original maximum of 45 calendar days. The city reserves the right to determine whether occupational sick leave will be granted. Granting of occupational sick leave will be subject to the same procedures and standards (including predesignated physicians, resolution of disputes over benefits, use of Agreed Medical Examiners, etc.) as used in workers’ compensation matters and/or FMLA/CFRA matters. If an EMT continues to be unable to work after the above described benefits have been exhausted and the EMT has not been retired, the EMT will receive workers’ compensation temporary disability payments as provided in the California Labor Code. To the extent these benefits are less than the EMT’s full regular pay, the EMT shall supplement them by using accrued sick leave and/or vacation to reach the Dec. 13, 2022 Item #5 Page 25 of 52 18 amount equal to the EMT’s full regular pay until the EMT’s leave balances reach zero, at which time the EMT would commence an unpaid leave of absence (i.e., the EMT would not receive a city paycheck). B. Non-Occupational Injuries or Illnesses If an EMT is temporarily unable to work due to a non-occupational illness or injury, the EMT will receive those disability benefit payments for which the EMT is eligible and applies. To the extent that these benefits are less than the EMT’s full regular pay, the EMT shall supplement them by using accrued sick leave and or vacation to reach the amount equal to the EMT’s full regular pay until the EMT’s leave balances reach zero, at which time the EMT would commence an unpaid leave of absence. C. To the extent permitted by law, a leave of absence under this section will run concurrently with any FMLA or CFRA leave of absence an EMT is entitled to receive it. D. Leave of Absence Without Pay 1. General Policy An EMT may be granted a leave of absence without pay pursuant to the approval of the Fire Chief or designee for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or designee is required. An EMT shall utilize all the EMT’s vacation 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: a) Illness or disability. b) To take a course of study which will increase the EMT’s usefulness on return to the EMT’s position. c) For personal reasons acceptable to the Fire Chief or designee and City Manager. d) Authorization Procedure Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the city for any benefit premiums paid by the city during the leave of absence. The request shall normally be initiated by the EMT but may be initiated by the Fire Chief or designee, and, if Dec. 13, 2022 Item #5 Page 26 of 52 19 applicable, shall be promptly transmitted to the City Manager or 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. 2. 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 14 calendar days prior to the expiration of the original leave. 3. Return From Leave When an EMT intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, the EMT shall contact the Fire Chief or designee at least 14 calendar days prior to the day the EMT plans to return. The Fire Chief or designee shall promptly notify the Human Resources Department of the EMT’s intention. The EMT shall return at a rate of pay not less than the rate at the time the leave of absence began. 4. Leave Without Pay - Insurance Payments and Privileges While on leave without pay, an EMT may continue the EMT’s city insurance benefits by reimbursing the city for the EMT’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 EMT’s coverage terminating on the first day following the month in which the last payment was received. Upon EMT’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 EMT (e.g., computer loan). Upon eligibility for continuation of healthcare benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), the EMT will be notified of the COBRA process. While on leave of absence without pay, an EMT shall not have all of the privileges granted during regular duty service. E. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of state and federal law. In the case an EMT is disabled by pregnancy, childbirth or a related medical condition, the EMT shall be allowed to Dec. 13, 2022 Item #5 Page 27 of 52 20 utilize a combination of accrued sick leave, vacation, and leave without pay to take a leave for a reasonable period of time, not to exceed four months. “Reasonable period of time” means that period during which the EMT is disabled on account of pregnancy, childbirth, or related conditions. The EMT shall give the city reasonable notice of the date the leave shall commence and the estimated duration of the leave. If the EMT is disabled by pregnancy, the EMT may be eligible to return to work on a light duty assignment per the Department Directive regarding a non-occupational illness/injury. F. 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 the EMT is on an active duty military leave) the EMT will not be eligible for the benefits listed below: 1. accrual of sick leave and vacation and 2. holiday pay On the day that the EMT returns to work from the extended leave of absence, the EMT will resume eligibility for the abovementioned benefits and the EMT’s vacation anniversary date will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days. During or immediately following a leave of absence, if the EMT returns to work for fewer than 14 calendar days before subsequently going back on a leave of absence for the same injury, illness or reason for the leave (paid or unpaid and except when leave is ordered by the city or when the employee is on an active duty military leave), the second leave of absence shall be considered a continuation of the first leave of absence. SECTION 22. MILITARY LEAVE Military leave shall be authorized in accordance with the applicable provisions of state and federal law. SECTION 23. JURY DUTY When called to jury duty, the EMT, having provided at least five working days’ written notice from the date of the summons to the Human Resources department, shall be entitled to the EMT’s regular compensation. If the EMT also receives any compensation from the court for serving on a jury, the EMT will reimburse the City for the amount the EMT received from the court. The EMT shall be entitled to keep mileage reimbursement paid and/ or the transit pass paid or provided while on jury duty and will be reimbursed for any applicable parking fees. Dec. 13, 2022 Item #5 Page 28 of 52 21 If the EMT is released early from jury duty, the EMT shall report to the EMT’s supervisor for assignment for the duration of the workday. At the discretion of the supervisor, the EMT may be released from reporting back to work if an unreasonable amount of the workday remains in light of travel time to the job site after release. SECTION 24. LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE AND VOLUNTARY BENEFITS EMTs shall receive city paid life insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. EMTs shall receive city paid Accidental Death and Dismemberment insurance in an amount equal to their base salary up to a maximum base salary of $200,000. To determine the benefit, the amount of insurance is rounded to the next higher $5,000 multiple, unless the amount equals a $5,000 multiple. The city provides various voluntary benefits available at the EMT’s cost. An EMT may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440. SECTION 25. WELLNESS The city shall contract with a wellness program provider to provide a wellness program to EMTs. Participation in educational components is mandatory. EMTs are strongly encouraged to participate in the comprehensive fitness assessment and in the blood chemistry evaluation; however, an EMT may choose not to participate in either of these two components. All information and results from this general fitness evaluation are confidential in accordance with federal and state medical information privacy laws, non-punitive and will be given only to the EMT. SECTION 26. PAID FAMILY LEAVE Per Administrative Order No. 84, EMTs will be eligible for up to 160 hours per year of paid family leave to care for an immediate family member or bond with a new child. SECTION 27. DEFENSE AND INDEMNIFICATION The city will defend an EMT in an action or proceeding brought against the EMT in accordance with the requirements and limitations in California Government Code Sections 995 through 996.6. The city will indemnify an EMT for a judgment for compensatory damages in accordance with the requirements and limitations in California Government Code Sections 825-825.6. Dec. 13, 2022 Item #5 Page 29 of 52 MANAGEMENT COMPENSATION AND BENEFITS PLAN TABLE OF CONTENTS Section 1 Introduction ............................................................................Page 2 Section 2 Compensation ........................................................................Page 2 Pay Ranges .......................................................................Page 2 Compensation Adjustments ............................................Page 3 Survey Market ..................................................................Page 3 Section 3 Benefits and Other Types of Pay ...........................................Page 4 Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits ....................Page 4 Retirement ........................................................................Page 4 Leave of Absence .............................................................Page 5 1.Vacation ..............................................................Page 6 2.Executive Leave .................................................Page 9 3.Sick Leave ..........................................................Page 9 4.Bereavement Leave ............................................Page 10 5.Leave Without Pay .............................................Page 10 6. Pregnancy Disability Leave ................................Page 12 7.FMLA .................................................................Page 12 8.Military Leave ....................................................Page 12 9. Jury Duty ............................................................Page 12 10. Extended Leave of Absence ...............................Page 13 11. Paid Family Leave ..............................................Page 13 Separation Compensation ................................................Page 13 Holidays ...........................................................................Page 13 Health Benefits.................................................................Page 14 Health Insurance for Retirees...........................................Page 16 Physical Fitness Reimbursement .....................................Page 16 Short-Term and Long-Term Disability Insurance (LTD) Page 16 Deferred Compensation ...................................................Page 17 Drug and Alcohol Policy .................................................Page 17 Uniform Reimbursement and Reporting the Value of Uniforms to CalPERS ..................................................Page 17 Fire Safety Management ..................................................Page 18 Special Assignment and Temporary Upgrade Pay ..........Page 19 Educational Incentive Pay................................................Page 20 Attachment F Dec. 13, 2022 Item #5 Page 30 of 52 Management Compensation and Benefits Plan 2 Revised 1/17/2022 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 thosemanagement employees subject to an applicable law, all management employees areconsidered “at-will” and have no property rights to their position. At will employmentwith 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 byand 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. Theschedule of management benefits (as outlined in Section 3 of this document) will applyto 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. Dec. 13, 2022 Item #5 Page 31 of 52 Management Compensation and Benefits Plan 3 Revised 1/17/2022 Compensation Adjustments Effective January 1, 2023, all management employee salaries will be increased by 3.5 percent. As a result, all management salary ranges will be adjusted to reflect this increase. An employee’s salary may not exceed the maximum of the pay range for their classification. Survey Market In keeping with the City Council’s philosophy of surveying the total compensation of local agencies, the agencies listed below will be considered in the survey market for management classifications. • City of Chula Vista • City of Coronado • City of Del Mar • City of El Cajon • City of Encinitas • City of Escondido • City of Imperial Beach • City of La Mesa • City of National City • City of Oceanside • City of Poway • City of San Marcos • City of Solana Beach • City of San Diego • City of Santee • City of Vista • County of San Diego In addition to the agencies listed above, the following agencies will be considered in the survey market only for Utilities Director, Utilities Manager and Utilities Supervisor classifications. • Encina Wastewater Authority • Helix Water District • Olivenhain Municipal Water District • Otay Water District • Padre Dam Municipal Water District • Vallecitos Water District • Vista Irrigation District The Human Resources Department will compare salary and benefits information on each City of Carlsbad benchmark classification with appropriate classifications in the survey market. Those classifications that are considered benchmarks are those in which there was a substantial match between the competencies and duties required for jobs at the City of Carlsbad and those for jobs in the survey market. Each City of Carlsbad job classification is assigned to a specific pay range. The non-benchmark positions are assigned to a pay range based on internal relationships, responsibility and/or Dec. 13, 2022 Item #5 Page 32 of 52 Management Compensation and Benefits Plan 4 Revised 1/17/2022 knowledge, skills and abilities of jobs. The benchmark salary data will be surveyed regularly and the benchmark comparisons will be modified when the classifications change within the organization. The City Council delegates to the City Manager the authority to create and change job classifications and assign job classifications to a specific pay range, based on both benchmark salary information and internal relationships within the organization. SECTION 3: BENEFITS AND OTHER TYPES OF PAY Life/Accidental Death and Dismemberment (AD&D) Insurance and Voluntary Benefits All management employees shall receive city-paid life insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine benefits, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. Effective January 1, 2020, all management employees shall receive city paid Accidental Death and Dismemberment (AD&D) insurance in an amount equal to two times their base salary up to a maximum benefit of $400,000. To determine the benefit, the amount of insurance is rounded to the next higher $1,000 multiple, unless the amount equals a $1,000 multiple. The City provides various voluntary benefits available at the employee’s cost. Employees may select among various levels of coverage. For information regarding these benefits, contact the Human Resources Department at 760-602-2440. Retirement All management employees shall participate in the California Public Employees' Retirement System (CalPERS). The specific retirement formula applied will be determined based on whether the position is deemed safety or miscellaneous. All positions not deemed eligible for safety retirement will be deemed miscellaneous under the CalPERS system. Optional benefits unique to the City of Carlsbad’s contract with CalPERS are outlined in the contract between the city and CalPERS. A copy of this contract is kept on file in the Human Resources Department. Management employees who are considered fire safety employees are eligible for the same retirement benefit formula and are subject to the same optional retirement benefits described in the City of Carlsbad CalPERS safety contract (and are the same as those provided to employees represented by the Carlsbad Firefighters' Association, Inc.). Unrepresented sworn police management employees are eligible for the same retirement benefit formula and are subject to the same optional retirement benefits described in the City of Carlsbad CalPERS safety contract (and are the same as those provided to employees represented by the Carlsbad Police Officers’ Association). A.The City has contracted with CalPERS for the following retirement benefits: Miscellaneous “Classic” Members (those that do not qualify as “New Members” as defined below) Dec. 13, 2022 Item #5 Page 33 of 52 Management Compensation and Benefits Plan 5 Revised 1/17/2022 a) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time prior to November 28, 2011 - The retirement formula shall be 3% @ 60; single highest year final compensation. b) Employees entering City of Carlsbad miscellaneous CalPERS membership for the first time on or after November 28, 2011 - The retirement formula shall be 2% @ 60; three year average final compensation. c) Employees entering City of Carlsbad safety CalPERS membership for the first time prior to October 4, 2010 - The retirement formula shall be 3% @ 50; single highest year final compensation. d) Employees entering City of Carlsbad safety CalPERS membership for the first time on or after October 4, 2010 – The retirement formula shall be 2% @ 50; three year average final compensation. “New Members” Employees who are “New Members” as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits. a) Miscellaneous employees - Retirement formula shall be 2% @ 62; three year average final compensation. b) Safety employees - Retirement formula shall be 2.7% @ 57; three year average final compensation. B. Employee Retirement Contribution The employee retirement contribution will be made on a pre-tax basis by implementing provisions of section 414(h)(2) of the Internal Revenue Code (IRC). Employees shall make the following employee retirement contributions through payroll deductions: • miscellaneous employees subject to the 3% @ 60 benefit formula shall pay all of the employee retirement contribution (8%), • miscellaneous employees subject to the 2% @ 60 benefit formula shall pay all of the employee retirement contribution (7%), • safety employees subject to the 3% @ 50 or 2% @ 50 benefit formulas shall pay all of the employee retirement contribution (9%), and • miscellaneous and safety employees who meet the definition of “New Member” under PEPRA shall pay one half of the normal cost rate associated with their benefit plan. Leave of Absence Management employees are exempt from overtime requirements under the Fair Labor Standards Act. Management employees in the City are paid on a salary basis versus an hourly basis. Pursuant to FLSA regulation 29 CFR Section 541.5d, the City can make deductions from salary or leave accounts for partial day absences for personal reasons or sickness because the City has a policy and Dec. 13, 2022 Item #5 Page 34 of 52 Management Compensation and Benefits Plan 6 Revised 1/17/2022 practice of requiring its employees to be accountable to the public that they have earned their salaries. A partial day absence is an absence of less than the employee's regular work day. Pursuant to FLSA regulation 29 CFR Section 541.118 (a)(2) and (a)(3), the City may make salary or leave reductions based upon full day absences. Partial day or full day absences shall be first charged against the exempt employee's vacation, sick, or executive leave account. In the event the exempt employee does not have sufficient time in his/her leave account to cover the absence, deductions without pay will be made on full days only. 1.Vacationa.Vacation Accrual Every management employee shall accrue vacation leave for each calendar year of actual continuous service dating from the commencement of said service, with such time to be accrued on a daily (calendar day) basis. Vacation leave can be used in 15 minute increments. All management employees (except Fire Battalion Chiefs, Assistant Police Chief, and Police Chief) 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 ofeleven (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 completionof thirteen (13) full calendar years of continuous service - 24 minutes/day. - Beginning the fourteenth (14th) year of employment through the completionof fifteen (15) full calendar years of continuousservice - 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 fullcalendar 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 Dec. 13, 2022 Item #5 Page 35 of 52 Management Compensation and Benefits Plan 7 Revised 1/17/2022 to all management personnel, except in the case of the City Attorney’s Office, where the City Attorney shall be responsible for granting vacation. * If there are unusual circumstances that would require an employee to exceed the vacation accrual maximum, he/she must submit a request in writing to the Department Head and the City Manager or Designee. The Department Head and the City Manager or Designee may grant such a request if it is in the best interest of the City. Requests will be handled on a case-by-case basis and will be considered only in extreme circumstances. Fire Battalion Chiefs shall accrue vacation in the same manner and up to the same maximum as Carlsbad Firefighters' Association (CFA) represented employees. For Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc. and who work a 112 hour/pay period schedule, each year, in the last paycheck in December, all accrued vacation hours over 384 hours will be deposited into the employee’s individual post-retirement healthcare trust account. For Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc. and who work an 80 hour/pay period schedule, each year, in the last paycheck in December, all accrued vacation hours over 256 hours will be deposited into the employee’s individual post-retirement healthcare trust account. The Assistant Police Chief and Police Chief shall accrue vacation in the same manner and up to the same maximum as Carlsbad Police Management Association (CPMA) represented employees. b. Vacation Conversion Employees, except for Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc. are eligible to submit an irrevocable request to elect to cash out up to 80 hours (or up to 112 hours if a Battalion Chief on a 112 hours/pay period schedule) of accrued vacation hours for the following calendar year. 1. All employees wishing to convert accrued vacation to cash in the year following the election will complete a form between November 10 and December 10 of each year. Elections will not carry over from one calendar year to the next calendar year. 2. Only vacation hours accrued during the calendar year following the election may be cashed out. Employees accruing less than the election amount may cash out no more than their total vacation accrual in the following calendar year. 3. The employee’s accrued vacation to convert to cash will be credited first to the cash out account with the employee’s earned vacation leave until the employee’s full election amount is reached. The vacation hours designated to the cash out account will not be credited toward the employee’s maximum vacation accrual. Dec. 13, 2022 Item #5 Page 36 of 52 Management Compensation and Benefits Plan 8 Revised 1/17/2022 During this period of time, no earned vacation leave will be credited to the employee’s vacation time off balance. 4. Payment of vacation hours elected for cash out will be in the last paycheck in December unless the employee has accrued all the elected vacation hours by June 30, in which case payment of the all the elected vacation hours may be cashed out in July at the employee’s request. All vacation hours will be paid in the calendar year in which the vacation hours accrue. If the employee does not accrue all requested vacation hours in the calendar year, the vacation payment amount will be reduced to the total number of vacation hours the employee actually accrues in the calendar year and the payout will be made no later than the last pay date in the calendar year. 5. The vacation payment amount will be based on the employee’s rate of pay at the time of the payout. The vacation payment amount is taxable income, subject to all applicable withholding amounts and payroll deductions. 6. An employee who does not elect to cash out vacation by December 10 waives their right to do so and will not be allowed to cash out any vacation accruing in the following year. Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc., are eligible to submit an irrevocable request to elect to convert accrued vacation hours for the following calendar year to be deposited into the employee’s individual post-retirement healthcare trust account in the same manner established for employees represented by CFA, Inc. There shall be no cash option available to these employees for the conversion of unused accrued vacation hours. c. Vacation Payout An employee separating from the City service, except for a Fire Safety Management employee who contributes to the post-retirement healthcare trust established by CFA, Inc., 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. For Fire Safety Management employees who contribute to the post-retirement healthcare trust established by CFA, Inc., upon separation of employment, one hundred percent (100%) of the value of all remaining unused accrued vacation hours shall be converted to the employee’s individual account in the Post-Retirement Healthcare Trust and/or a City-sponsored 457 Plan at the base rate of pay in effect at the time of separation from the City. Allocation amounts to either or both the Post-Retirement Healthcare Trust individual account and 457 Plan will be at the employee’s discretion and subject to Internal Revenue Service regulations. The employee shall be responsible for ensuring their contributions to a 457 Plan do not exceed the maximum allowed per law. If the amount of terminal vacation pay the employee converts to a 457 Plan causes their 457 contributions to exceed the Dec. 13, 2022 Item #5 Page 37 of 52 Management Compensation and Benefits Plan 9 Revised 1/17/2022 maximum allowed per the law and those contributions are returned to the City, the City will deposit the amount returned into the employee’s individual account in the Post-Retirement Healthcare Trust. There shall be no cash option available to the employee for the conversion of unused accrued vacation hours at the time of separation. The default will be to convert 100% of the unused vacation hours into the Post-Retirement Healthcare Trust individual account unless the employee designates conversion to the City-sponsored 457 Plan no later than 14 calendar days prior to the employee’s last pay date. 2. Executive Leave (E-time) Effective July 1, 2018, all management personnel shall receive sixty-four (64) hours per fiscal year for executive leave. The sixty-four (64) hours will be credited upon hire or promotion into management and at the beginning of each fiscal year to individual leave balances. This leave must be used within the same fiscal year. The City Manager is authorized to provide ten (10) additional hours of executive leave per year to any management employee who is required to work extended hours due to emergencies such as fires, storms, floods, or other emergencies. 3. Sick Leave Sick leave can be used in 15 minute increments. Sixteen (16) minutes of sick leave are accrued per calendar day. Accumulation is unlimited (employees cannot receive payment for unused sick leave). Fire Battalion Chiefs that work a 112 hour/pay period schedule shall accrue sick leave sick leave at a rate of 25 minutes per day. A Fire Battalion Chief who changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule as a result of an administrative assignment or an occupational injury assignment (either full or light/modified duty) will continue to accrue at a rate of 25 minutes per day during this assignment. Any management employee, except a Fire Safety Management employee, who has accrued and maintains a minimum of one hundred (100) hours of sick leave shall be permitted to convert up to twelve (12) days of sick leave and uncompensated sick leave to vacation at a ratio of three (3) sick leave days per one (1) day of vacation. The sick leave conversion option will be provided during the first week of each fiscal year. Conversion can only be made in increments of full day vacation days. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. Fire Safety Management employees shall be eligible for sick leave conversion based on the following guidelines. For a Fire Safety Management employee on an 80 hour/pay period schedule: Any employee who has accrued and maintains a minimum of 160 hours of sick leave shall be permitted to convert up to 120 hours of accumulated uncompensated sick leave to either accrued vacation hours or to the employee’s post-retirement healthcare trust account at a ratio of 24 hours of sick leave to 8 hours of Dec. 13, 2022 Item #5 Page 38 of 52 Management Compensation and Benefits Plan 10 Revised 1/17/2022 vacation/contributions to the employee’s post-retirement healthcare trust. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion. For a Fire Safety Management employee on a 112 hour/pay period schedule: Any employee who has accrued and maintains a minimum of 240 hours of sick leave shall be permitted to convert up to 288 hours of accumulated uncompensated sick leave to either accrued vacation hours or to the employee’s post-retirement healthcare trust account at a ratio of 72 hours of sick leave to 24 hours of vacation/contributions to the employee’s post-retirement healthcare trust. The sick leave conversion option will be provided during the first week of each fiscal year. Employees will not be allowed to convert sick leave to vacation if such conversion would put them over the vacation accrual maximum. No cash option will exist for sick leave conversion. Any permanent employee applying for retirement with the Public Employees’ Retirement System may convert accrued and unused sick leave time to extend service time in the system at the ratio of twenty-five (25) days of accrued sick leave to one month of extended service. 4. Bereavement Leave An employee may use up to an equivalent of three work days of paid leave if required to be absent from duty due to the death of a member of the employee’s immediate family. Additional time off may be authorized by the Department Head and charged to accrued vacation or sick leave or, when no accrued leave is available, treated as leave without pay. The “immediate family” shall be defined in the personnel rules and regulations. The employee may be required to submit proof of relative’s death before final approval of bereavement leave is granted. 5. Leave of Absence Without Pay a. General Policy Any employee may be granted a leave of absence without pay pursuant to the approval of his/her Department Head for less than two calendar weeks. If the duration of the leave of absence will be longer, the approval of the City Manager or his/her designee is required. An employee shall utilize all his/her vacation, e-time and/or sick leave (if applicable) prior to taking an authorized leave of absence without pay. A leave without pay may be granted for any of the following reasons: 1. Illness or disability. Dec. 13, 2022 Item #5 Page 39 of 52 Management Compensation and Benefits Plan 11 Revised 1/17/2022 2. To take a course of study which will increase the employee’s usefulness on return to his/her position in the City service. 3. For personal reasons acceptable to the City Manager and Department Head. b. Authorization Procedure Requests for leave of absence without pay shall be made in writing and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the City for any benefit premiums paid by the City during the leave of absence. The request shall normally be initiated by the employee, but may be initiated by his/her Department Head, and, if applicable, shall be promptly transmitted to the City Manager or his/her designee for approval. A copy of any approved request for leave of absence without pay with a duration equal to or greater than two calendar weeks shall be delivered promptly to the Directors of Finance and Human Resources. c. Length of Leave and Extension A leave of absence without pay may be made for a period not to exceed six months, unless otherwise approved by the City Manager. The procedure for granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than fourteen (14) calendar days prior to the expiration of the original leave. d. Return From Leave When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, he/she shall contact his/her Department Head at least fourteen (14) calendar days prior to the day he/she plans to return. The Department Head shall promptly notify the Human Resources Department of the employee’s intention. The employee shall return at a rate of pay not less than the rate at the time the leave of absence began. e. Insurance Payments and Privileges An employee on leave without pay may continue his/her City insurance benefits by reimbursing the City for the employee’s costs of insurance on a monthly basis during the period of the leave. Failure to reimburse the City for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received. Upon the employee’s return to paid status, any sums due to the City shall be repaid through payroll deductions. This applies to sums due for insurance as well as other payment plans entered into between the City and the employee (e.g., computer loan). Upon eligibility for COBRA, the employee will be notified of the opportunity to continue benefit coverage via the COBRA process. Dec. 13, 2022 Item #5 Page 40 of 52 Management Compensation and Benefits Plan 12 Revised 1/17/2022 An employee on leave of absence without pay shall not have all of the privileges granted to regular employees (e.g., holiday pay), unless required by law. 6. Pregnancy Disability Leave Pregnancy Disability Leave shall be authorized and/or administered in accordance with the provisions of State and Federal law. An employee disabled by pregnancy shall be allowed to utilize a combination of accrued sick leave and vacation time and leave without pay to take a leave for a reasonable period of time, not to exceed four months. An employee shall utilize all accrued leave prior to taking leave without pay. Reasonable period of time means that period during which the employee is disabled on account of pregnancy, childbirth, or related conditions. An employee who plans to take a leave pursuant to this article shall give the City reasonable notice of the date the leave shall commence and the estimated duration of the leave. 7. Family and Medical Leave of Absence (FMLA) An employee may be granted a FMLA of up to 12 weeks in a 12 month period for one or more of the following reasons: - for the birth/placement of a child for adoption or foster care, - to care for an immediate family member with a serious health condition, or - to take medical leave when the employee is unable to work because of a serious condition. FMLA may be paid or unpaid and may be granted concurrently and in conjunction with other leave and benefit provisions. Specific details regarding the provisions of this leave are available by contacting the Human Resources Department. 8. Military Leave Military leave shall be authorized in accordance with the provisions of State and Federal law. The employee must furnish satisfactory proof to his/her Department Head, as far in advance as possible, that he/she must report to military duty. 9. Jury Duty When called to jury duty, an employee shall be entitled to his/her regular compensation. Employees released early from jury duty shall report to their supervisor for assignment for the duration of the shift. Employees shall be entitled to keep mileage reimbursement paid while on jury duty. A Department Head may, at his/her sole discretion, contact the court and request an exemption and/or postponement of jury service on behalf of an employee. Dec. 13, 2022 Item #5 Page 41 of 52 Management Compensation and Benefits Plan 13 Revised 1/17/2022 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, • car allowance and • holiday pay for Fire Battalion Chiefs working a 112 hour/pay period schedule. On the day that the employee returns to work from the extended leave of absence, the employee will resume eligibility for the abovementioned benefits and the employee’s vacation anniversary date and seniority (calculation of continuous service with the City) will be adjusted for each calendar day the leave of absence lasted beyond 84 consecutive calendar days or the completion of a leave of absence related to Section 4850 of the Labor Code, whichever was longer. 11. Paid Family Leave Effective January 1, 2020, per Administrative Order No. 84, all management employees will be eligible for 160 hours per year of paid family leave to care for an immediate family member or bond with a new child. Separation Compensation All management employees involuntarily separated from the City service due to budget cutbacks, layoffs, contracting out of service or for other reasons not due to misconduct which would justify involuntary separation shall receive one month’s salary computed at the employee's actual salary at the time of separation. Holidays All management employees shall be paid holidays in accordance with the schedule of eleven (11) holidays as established by the City Council. The scheduled paid holidays that will be official City holidays shall be as follows: New Year’s Day Indigenous Peoples’ Day Martin Luther King’s Birthday Veterans Day Presidents’ Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day Dec. 13, 2022 Item #5 Page 42 of 52 Management Compensation and Benefits Plan 14 Revised 1/17/2022 Fire Battalion Chiefs are compensated for holidays in the manner outlined below. 1) Suppression personnel on an administrative assignment are ineligible for the holiday pay listed above. These personnel will receive straight time pay when they are regularly scheduled to work on the holidays listed above. 2) Fire Prevention personnel and personnel on a non-occupational injury light/modified duty assignment will be eligible to have the day off with pay on the holidays listed above. 3) Suppression personnel working a 112 hour/pay period schedule and personnel on an occupational injury light/modified duty assignment shall be compensated for an additional twelve (12) hours of holiday pay (using a base salary rate that excludes additional pays) on the day the holiday occurs. Only employees who are on employed status on their last scheduled work day before a holiday shall be entitled to the paid holiday except where otherwise required by law. Effective July 1, 2019, all management employees, including Fire Safety Management employees, will receive two floating holidays per fiscal year, each year on July 1st. The floating holiday may be used at the discretion of the employee with prior approval of the employee’s supervisor. The floating holiday must be taken as a full day off. There is no partial day use of a floating holiday. The floating holiday pay is paid at straight time equal to the number of hours in the employee’s regular work shift on that day. Unused floating holidays will not carry over to the next fiscal year and will not paid out upon separation of employment. Health Benefits Management employees will participate in a flexible benefits program which includes medical insurance, dental insurance, vision insurance, flexible spending accounts (FSAs) and Accidental Death & Dismemberment insurance (AD&D). Each of these components is outlined below. 1. Medical Insurance Management employees will be covered by the Public Employees’ Medical and Hospital Care Act (PEMHCA) and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. The City will pay on behalf of all management employees and their eligible dependents and those retirees mentioned in the section of this document titled, “Health Insurance for Retirees,” the minimum amount per month required under Government Code Section 22892 of the PEMHCA for medical insurance through the California Public Employees’ Retirement System (CalPERS). If electing to enroll for medical benefits, the employee must select one medical plan from the variety of medical plans offered. Effective January 1, 2018, the City will contribute the following monthly amounts (called “Benefits Credits”) on behalf of each active management employee and eligible dependents toward the payment of 1) medical premiums under the CalPERS Health Program, 2) contributions in the name of the employee to the City’s flexible spending account(s), 3) dental premiums 4) vision premiums and/or 5) accidental death and dismemberment (AD&D) premiums: Dec. 13, 2022 Item #5 Page 43 of 52 Management Compensation and Benefits Plan 15 Revised 1/17/2022 (a) For employees with “Employee” coverage, the City shall contribute five hundred seventy-three ($573) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City’s total contributions, the employee will pay the difference. (b) For employees with “Employee Plus One” coverage, the City shall contribute one thousand one hundred forty-six 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. (c) For employees with “Family” coverage, the City shall contribute one thousand five hundred two dollars ($1,502) per month that shall include the mandatory payments to CalPERS. If the actual total premiums exceed the City’s total contributions, the employee will pay the difference. Subsequently, effective January 1 of each calendar year, the City monthly Benefits Credits will change for each coverage level. The monthly Benefits Credits will be set to dollar amounts that equate to 80% of the average health (medical, dental and vision) premium for Employee, Employee Plus One and Family coverage levels, rounded to the nearest whole dollar based on the premiums that will take effect on January 1 of the respective calendar year. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. If the amount contributed by the City (Benefits Credits) exceeds the cost of the medical insurance purchased by the employee, the employee will have the option of using any “excess credits” to purchase dental, vision, or accidental death and dismemberment (AD&D) insurance or to contribute to a healthcare or dependent care flexible spending account (FSA), instead of receiving taxable cash. All management employees who work three quarter-time or less will receive prorated Benefits Credits. 2. Dental Insurance Management employees will be eligible to enroll in or waive enrollment in a City-sponsored dental plan at any coverage level. 3. Vision Insurance Management employees will be eligible to enroll in or waive enrollment in a City-sponsored vision insurance plan at any coverage level. 4. Waiver Provision Management employees who do not wish to participate in the CalPERS Health Program will have the choice of waiving the City’s medical insurance program, provided they can show that they are covered under another group insurance program. 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 Dec. 13, 2022 Item #5 Page 44 of 52 Management Compensation and Benefits Plan 16 Revised 1/17/2022 coverage. If this results in a situation where the unused benefit credits associated with any medical plan exceed the benefit credits associated with waiving medical coverage, the benefit credits associated with waiving medical coverage will be set equal to one dollar ($1) above the unused benefit credits associated with that medical plan. Unused Benefits Credits as outlined above will be paid to the employee in cash and reported as taxable income. Health Insurance for Retirees Effective January 1, 2001, management employees will be covered by the Public Employees’ Medical and Hospital Care Act and will be eligible to participate in the California Public Employees’ Retirement System (CalPERS) Health Program. Management employees who retire from the City, either service or disability, shall be eligible to continue their enrollment in the CalPERS Health Program when they retire, provided that the individual is enrolled or eligible to enroll in a CalPERS medical plan at the time of separation from employment and their effective date of retirement is within 120 days of separation. The City will contribute the minimum amount per month required under Government Code Section 22892 of the PEMHCA toward the cost of each retiree’s enrollment in the CalPERS Health Program. Employees who retire from the City, either service or disability, shall be eligible to elect, upon retirement to participate in the City’s dental and/or vision insurance programs as a retiree. The cost of such dental and/or vision insurance for the retiree and eligible dependents shall be borne solely by the retiree. An individual who does not choose coverage upon retirement, or who chooses coverage and later drops it is not eligible to return to the City’s dental and vision insurance program. The City will invoice the retiree for his/her monthly premiums for dental and/or vision insurance and the retiree must keep such payments current to ensure continued coverage. Physical Fitness Reimbursement All management employees shall be eligible for reimbursement of up to the amount of four hundred fifty dollars ($450) during each fiscal year for the costs associated with physical fitness. Each employee claiming reimbursement shall be required to submit original receipts to the Human Resources department for approval and reimbursement. The physical fitness reimbursement is offered to management employees to promote optimum health. Services include, but are not limited to: health assessment testing and examinations, computerized heart risk profile, complete blood profile, fees paid to physical fitness providers, nutritional assessment and diet program. Short-Term and Long-Term Disability Insurance Short-Term Disability Effective January 1, 2020, short-term disability insurance is available for all management employees and the insurance premium is paid by the city. The insurance shall provide for a seven Dec. 13, 2022 Item #5 Page 45 of 52 Management Compensation and Benefits Plan 17 Revised 1/17/2022 (7) calendar day waiting period prior to payment eligibility and the short-term disability benefits shall be provided at 60% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. Long-Term Disability Long-term disability is available for all management employees and the insurance premium is paid by the city. Effective January 1, 2020, the waiting period prior to payment eligibility shall be ninety (90) calendar days and the long-term disability benefits shall be provided at 66 2/3% of the employee’s pre-disability base salary, up to a maximum base salary of $150,000. Use of Accrued Paid Time Off While Receiving Disability Benefits The employee shall use their accrued paid time off (e.g., vacation, sick leave) during the disability insurance waiting period. The employee shall combine accrued paid time off, except for accrued sick leave, with short-term and long-term disability payments for the purpose of achieving the equivalent of their base salary while receiving the disability payments. Transition/Continuation of Benefits for Employees on a Short-Term or Long-Term Disability Leave of Absence as of December 31, 2019 An employee who is on a short-term or long-term disability leave of absence as of December 31, 2019 (including an intermittent leave), will be converted to short-term and/or long-term coverage with the city’s new disability insurance provider as of January 1, 2020 without having to repeat the waiting period. Deferred Compensation The City shall provide deferred compensation plan(s) which may be utilized by any management employee. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. It is acknowledged that the City will assist in the administration of this benefit but that the City has no liability if an employee should default on the repayment of such a loan. Drug and Alcohol Policy It is the policy of the City of Carlsbad to provide a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. The City provides a voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse or other personal problems affecting work or family life. This program is available to employees and their family members and offers 24-hour access to confidential professional EAP assistance for emergency or urgent situations. For more specific information, contact the Human Resources Department or visit the City’s intranet site. 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. Dec. 13, 2022 Item #5 Page 46 of 52 Management Compensation and Benefits Plan 18 Revised 1/17/2022 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 CFA, Inc. after the establishment of the post-retirement healthcare trust by CFA, Inc. shall contribute into the post-retirement healthcare trust established by CFA, Inc. via payroll deductions until participation by CFA, Inc., in this type of trust is terminated. The employee contribution amount shall be equal to the amount established for employees represented by CFA, 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 CFA, Inc. The City has no administrative responsibilities or liabilities related to this benefit, other than processing of payroll contributions as described above. 2. Overtime The classifications of Fire Chief, Fire Division Chief, Fire Battalion Chief and Fire Marshal are exempt from overtime requirements under FLSA. However, Fire Battalion Chiefs are paid at their base hourly rate of pay, which is derived by dividing the Fire Battalion Chief’s weekly salary by 40 hours for an employee on an 80 hour/pay period schedule and 56 hours for an employee on a 112 hour/pay period schedule, for the actual hours the Fire Battalion Chief spends covering for a Battalion Chief who is on a leave of absence or deployed and when they are directed to attend a mandatory training class or meeting associated with the rank of Battalion Chief on a non-scheduled work day. Employees in the classification of Fire Chief, Assistant Fire Chief, Fire Division Chief and Fire Marshal who are assigned to a mutual aid incident (not automatic aid) are compensated for regularly scheduled hours. In addition, the employee will be paid at their base hourly rate of pay, which is derived by dividing their weekly salary by 40 hours for all hours, beginning at the time of dispatch until return to jurisdiction (portal to portal). Employees in the classification of Fire Battalion Chief who are assigned to the emergency location are paid at a rate of 1.5 their base hourly rate of pay, which is derived by dividing their base weekly rate by 40 hours, for hours worked in excess of their normally scheduled work shift beginning at the time of dispatch to the return to jurisdiction (portal to portal). 3. Fire Battalion Chief Administrative Assignments While a Fire Battalion Chief is on an administrative assignment, the employee' s hourly rate will be converted from a 112 hour/pay period schedule rate to an 80 hour/pay period schedule rate. While appointed or assigned to an administrative position (80 hour/pay period schedule), the employee shall receive an additional 15 percent (15%) above their base hourly pay rate. Dec. 13, 2022 Item #5 Page 47 of 52 Management Compensation and Benefits Plan 19 Revised 1/17/2022 A Fire Battalion Chief who is assigned to an 80 hour/pay period schedule administrative assignment will not be available to work shift overtime on days they are assigned to an administrative assignment unless authorized by the Fire Chief or his/her designee. Employees are authorized to work suppression overtime during hours they are not assigned to administration. A Fire Battalion Chief working an 80 hour/pay period schedule who works a suppression overtime shift, not including overhead assignments, will have their pay rate converted to the 112 hour/pay period rate while working on the suppression overtime shift. This rate shall not include the 15% administrative assignment pay. 4. Moving Between an 80 Hour/Pay Period Work Schedule and a 112 Hour/Pay Period Work Schedule When a Fire Battalion Chief changes from a 112 hour/pay period schedule to an 80 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is divided by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. When a Fire Battalion Chief changes from an 80 hour/pay period schedule to a 112 hour/pay period schedule, the employee’s vacation balance (number of hours of accrued and unused vacation) is multiplied by 1.4 so that the dollar value of the employee’s vacation balance at the time of the change remains the same. 5. The city will comply with the Firefighter Bill of Rights Procedures for those Fire Management employees who are afforded rights pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR). 6. Employees in the classifications of Fire Battalion Chief and Fire Marshal shall be eligible for COVID-19 Emergency Responder Leave as outlined in the side letter agreement between the CFA and the City of Carlsbad relating to COVID-19 Emergency Responder Leave. Special Assignment and Temporary Upgrade Pay Whenever the needs of the City require an employee to temporarily perform the duties of a job classification that has a higher pay range than the pay range associated with their current job classification for a period of more than twenty-one (21) calendar days, the employee shall be designated as being in a special assignment and receive additional temporary upgrade pay. In such cases, the employee shall be paid at an appropriate level which will assure an increase of not less than five percent (5%) greater than his/her current salary. Subsequent to designation in a special assignment, in the event that the situation changes and the City does not need the employee to serve in the assignment for at least twenty-one (21) consecutive calendar days, the employee shall receive the temporary upgrade pay for that period of time the assignment lasts. In the event that at the beginning of a special assignment, it is not perceived that the assignment will last at least twenty- one (21) consecutive calendar days, and the assignment nonetheless extends beyond twenty-one (21) consecutive calendar days, the employee in the assignment shall receive the temporary upgrade pay retroactive to the first day of the acting assignment. Dec. 13, 2022 Item #5 Page 48 of 52 Management Compensation and Benefits Plan 20 Revised 1/17/2022 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. Dec. 13, 2022 Item #5 Page 49 of 52 Exhibit 2 Carlsbad City Employees’ Association Memorandum of Understanding Article 21 Holidays A. Authorized Holidays The City shall observe eleven (11) scheduled paid holidays. The scheduled paid holidays that will be official City holidays shall be as follows: New Year’s Day Columbus Indigenous Peoples’ Day Martin Luther King’s Birthday Veteran’s Day President’s Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day Carlsbad Police Officers’ Association Memorandum of Understanding 34.2 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 Indigenous Peoples’ Columbus Day Veterans Day Thanksgiving Day Thanksgiving Friday Christmas Day Carlsbad Police Management Association Memorandum of Understanding 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 Indigenous Peoples’ Columbus Day Veterans Day Thanksgiving Day Thanksgiving Friday Christmas Day Dec. 13, 2022 Item #5 Page 50 of 52 Carlsbad Firefighters’ Association, Inc. Memorandum of Understanding ARTICLE 16. HOLIDAYS The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year’s Day Martin Luther King Jr.’s Birthday President’s Birthday Memorial Day Independence Day Labor Day Indigenous Peoples’ Columbus Day Veterans Day Thanksgiving Thanksgiving Friday Christmas Day Emergency Medical Technician Employment, Compensation and Benefits Plan SECTION 13. HOLIDAYS The city shall observe the following scheduled paid holidays, consistent with the annual holiday schedule published by the Human Resources Department: New Year’s Day Martin Luther King Jr.’s Birthday President’s Birthday Memorial Day Independence Day Labor Day Indigenous Peoples’ Columbus Day Veterans Day Thanksgiving Thanksgiving Friday Christmas Day Management Compensation and Benefits Plan Holidays All management employees shall be paid holidays in accordance with the schedule of eleven (11) holidays as established by the City Council. The scheduled paid holidays that will be official City holidays shall be as follows: New Year’s Day Indigenous Peoples’ Columbus Day Martin Luther King’s Birthday Veterans Day Dec. 13, 2022 Item #5 Page 51 of 52 Presidents’ Day Thanksgiving Day Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day Dec. 13, 2022 Item #5 Page 52 of 52